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Ordinance No. 15,192 ORDINANCE NO. 15,192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 1 "JURISDICTION AND AUTHORITY,"TABLE 1-1,AND DIVISION 2"REVIEW AND DECISION-MAKING BODIES" TABLE 1-2; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.12 "SIMULTANEOUS SUBMISSION OF RELATED APPLICATIONS," AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," TABLE 1-3 "SUMMARY OF NOTICE REQUIREMENTS," TABLE 14 "REQUIRED PUBLIC HEARINGS;" AMENDING APPENDIX A"UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.27 "NONCONFORMITIES," SECTION (D) "VARIANCES FOR THE EXPANSION OF NONCOMPLIANT STRUCTURES," SUBSECTION (4) "VARIANCE CREDITS" AND TABLE 1-4 "VARIANCE CREDITS" BY RENUMBERING IT AS TABLE 1-5; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.27 "NONCONFORMITIES" SUBSECTION (D)(4)c.(i)-(ii), AND SECTION 1.29 "ZONING VARIANCE PROCESS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," TO ADD SECTION 1.29.5 "SUBDIVISION VARIANCE PROCESS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING DISTRICTS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.082 "SAN JACINTO OVERLAY DISTRICT;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.082"SAN JACINTO OVERLAY DISTRICT;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS," SECTION 3.02 "SETBACKS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 2 "OPERATIONAL PERFORMANCE STANDARDS," SECTION 3.08 "STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL ZONES," SECTION 3.10 "APPLICABILITY;" AMENDING APPENDIX A"UNIFIED LAND DEVELOPMENT CODE,"ARTICLE III"DESIGN AND COMPATIBILITY STANDARDS,"DIVISION 3 "NON-RESIDENTIAL ZONES" TO ADD SECTION 3.10.5 "LANDSCAPING REQUIREMENTS"AND SECTION 3.10.7"OFF-STREET PARKING&OPEN SPACE AREAS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 4 "RESIDENTIAL ZONES," SECTION 3.12 "APPLICABILITY, BUILDINGS WITH MULTIPLE UNITS;" AMENDING APPENDIX A"UNIFIED LAND DEVELOPMENT CODE,"ARTICLE III"DESIGN AND COMPATIBILITY STANDARDS,"DIVISION 4 "RESIDENTIAL ZONES" TO ADD SECTION 3.13.5 "RESIDENTIAL OFF-STREET PARKING;" AMENDING APPENDIX A"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO RENUMBER ARTICLE IV "DEFINITIONS" AS ARTICLE VI AND ADDING THE DEFINITIONS OF "AMENDING PLAT," "CALIPER," "DEVELOPED LAND," "DRIVE-THROUGH RESTAURANT," 'EVERGREEN TREE," 'EXISTING TREE," "FILED," "GROUNDCOVER," "HORIZONTAL MIXED-USE DEVELOPMENT," "IMPERVIOUS SURFACE," "INTERSTATE,EXPRESSWAY, OR FREEWAY," "LANDSCAPE RESERVE," "LARGE TREE," "LOCAL STREET," "LOT CONSOLIDATION," "LOT LINE ADJUSTEMENT," "MINOR ARTERIAL," "MINOR PLAT," "MINOR REPLAT," "MIXED-USE BUILDING," "MONUMENT SIGN," "MULCH," "MULTI-FAMILY," "OUTDOOR LIVING AREA," "PARKING SPACE," "PLAT," PLOT PLAN," "PRIMARY BUILDING(S)," "PRIMARY ENTRANCE(S)," "PRINCIPAL OR MAJOR ARTERIAL," "PROJECT AREA," "RESUBDIVISION," "RESUBMITTED," "SECONDARY BUILDING(S)," "SECONDARY ENTRANCE(S)," "SHADE TREE," "SHRUB," SINGLE-FAMILY DWELLING," "SMALL BOX DISCOUNT RETAIL," "SMALL SUBDIVISION," "SMALL TREE," "STREETSCAPE," SUBDIVISION," "SUBDIVISION PLAT," "TREE," AND "USABLE OPEN SPACE"; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO ADD ARTICLE IV "SUBDIVISIONS" AND ADD DIVISION 1 "GENERAL," DIVISION 2 "ADMINISTRATION," DIVISION 3 "LOT CONSOLIDATION," "DIVISION 3.25 SMALL SUBDIVISION," DIVISION 3.50 "MINOR PLATS," DIVISION 3.60 MINOR REPLATS,"DIVISION 3.70 "AMENDING PLATS," DIVISION 4 "SUBDIVISION PLAT," DIVISION 5 "SUBDIVISION VARIANCE," DIVISION 6 "SPECIAL DEVELOPMENTS AND SUBDIVISIONS," AND DIVISION 7 "ENGINEERING AND CONSTRUCTION STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO ADD ARTICLE V "SIGNS" AND ADD DIVISION 1 "IN GENERAL," DIVISION 2 "ADMINISTRATION, AND DIVISION 3 "REGULATIONS; "PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NOI100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the Code of Ordinances, Baytown, Texas, Appendix A "Unified Land Development Code," is hereby amended to include the regulations attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That Appendix A"Unified Land Development Code,"Article I "General," Division I "Jurisdiction and Authority,"Table 1-1 is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 1. JURISDICTION AND AUTHORITY 2 Table 1-1.Applicability of procedures. City ETJ Administrative appeal(zoning) X Interpretation of text X Special exception X Special use permit X ULDC zoning text amendment X Zoning decision appeal X Zoning map amendment(rezoning,overlay) X Zoning variance X Subdivision variance X X Section 3: That Appendix A"Unified Land Development Code,"Article I "General," Division 2 "Review and Decision-Making Bodies"Table 1-2 is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 2.REVIEW AND DECISION-MAKING BODIES Table 1-2.Summary of review authority. Board [DeNvloprneut Adjustnient and Council Director Zonin(j L J. Coinniissimm Administrative appeal(zoning) DM Interpretation of text D'Nl Special exception DM Special use permit R R DM ULDC zoning text amendment R R DM Zoning map amendment(rezoning,overlay, R R DM PUD detailplan) Zoning variance R/DM* DM Subdivision variance R/DM* DM R=Reviewer and/or Recommender DM=Decision Maker Section 4: That Appendix A"Unified Land Development Code,"Article I "General," Division 3 "Administration and Procedures," Section 1.12 "Simultaneous Submission of Related Applications," is 3 hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 3.ADMINISTRATION AND PROCEDURES See.1.12 Simultaneous submission of related applications. Submission of a variety of applications related to the same development usually proceeds in the following sequence,which may be varied and could include additional permits not listed in this section: 1. Comprehensive plan amendments; 2. Zoning map amendments; 3. Special use permit; 4. Drilling permit; 5. Preliminary plat; 6. Engineering report for public improvements; 7. Final plat; 8. Special exceptions; 9. Zoning variances; 10. Subdivision variances; 11. Site plan review; 12. Floodplain permits; 13. Stormwater permits; 14. Watershed protection permits; and 15. Inspections. Section 5: That Appendix A "Unified Land Development Code," Article I "General," Division 3 "Administration and Procedures," Table 1-3 "Summary of Notice Requirements," and Table 1- 4 "Required Public Hearings," are hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 3.ADMINISTRATION AND PROCEDURES 4 Table 1-3.Summary of notice requirements. Fro-cedure Published Mailed Signs Website Administrative appeal(zoning) X X X Special exception X X X X Special use permit X X X X ULDC zoning text amendment X X Zoning map amendment (rezoning, X X X* X overlay,PUD,detail plan) Zoning variance X X X X Subdivision variance X X X=Notice required X*=Notice required subject to subsection 1.21(c) Table 1-4.Required public hearings. Application Board of Planning Adjustment Zoning Commission Administrative appeal(zoning) X Special exception X Special use permit X X ULDC zoning text amendment X X Zoning map amendment (rezoning, overlay, X X PUD,detail plan) Zoning variance X Subdivision variance X X=Public hearing required Section 6: That Appendix A"Unified Land Development Code,"Article I "General," Division 3 "Administration and Procedures," Section 1.27 "Nonconformities," Section (d) "Variances for the expansion of noncompliant structures,"Subsection(4)"Variance credits"and Table 1-4"Variance Credits," is hereby amended to be renumbered Table 1-5 as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 3.ADMINISTRATION AND PROCEDURES 5 Sec. 1.27 Nonconformities. (d) Variances for the expansion of noncompliant structures. (4) Variance credits. In addition to the variance criteria listed in subsection (d)(3) of this section, the applicant may be granted an expansion variance only when the applicant has supplied credits in the amounts shown in table 1-5 that illustrates the number of approved credits required for the applicant's proposed project based on the percentage expansion of the project. Table 1-5.Variance credits. 10%or less 2 Over 10%to 20% 3 Over 20%to 30% 4 Over 30%to 40% 5 Section 7: That Appendix A "Unified Land Development Code," Article I "General," Division 3 "Administration and Procedures," Section 1.27 "Noncomformities," Subsection(d)(4)c.(i)-(ii)," and Section 1.29"Zoning variance process"are hereby amended to be read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 3.ADMINISTRATION AND PROCEDURES Sec. 1.27 Nonconformities. (d) Variances for the expansion of noncompliant structures. (4) Variance credits... c. The applicant for a variance shall then choose any of the following credits that match the number of required credits for the project, subject to the approval of the director or the board of adjustment as applicable to the case: i. Installation of a streetscape along the street at which the project is addressed following the standards that are set forth in section 3.10.5(4)of the Code of Ordinances; H. Installation of parking lot landscaping to the percent of required landscaping that equals or exceeds the extent of the expansion requested in the variance based upon section 3.10.5(4)(h) of the Code of Ordinances; 6 Sec. 1.29 Zoning variance process. (a) Purpose and intent.The purpose of a variance process is to consider and approve deviations from the property development and masonry standards for the applicable district where development is proposed that would not be contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and if granted the spirit of this chapter is observed and substantial justice done. A variance is not applicable to a use or an operational performance standard. Types of variances: (1) Variance by board of adjustment.The board of adjustment and the director may grant a variance from the property development and masonry standards of zoning for a property if the variance satisfies criteria identified in subsection(c)of this section. (2) Zoning Variance by director.The director may consider and grant a variance of up to ten percent of the property development requirement when the applicant demonstrates that the variance request will meet all the criteria below: a. Ensures the same general level of land use compatibility as the otherwise applicable standards; b. Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering,screening, setbacks and other land use considerations; C. Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought. (Did the applicant demonstrate that the structure has historically provided a facility in the neighborhood or otherwise improves the overall neighborhood); d. Furthers the goals and vision of the city as set forth in the comprehensive plan,the vision statement,and an applicable neighborhood plan or redevelopment plan adopted by the city council;and e. Is generally consistent with the purposes and intent of this ULDC. (b) Zoning Variance criteria. The board of adjustment may grant a variance when the applicant demonstrates that the variance request will meet all the criteria below: (1) Ensures the same general level of land use compatibility as the otherwise applicable standards; (2) Is not a hardship of the applicant's own making; (3) Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations; (4) Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought.(Did the applicant demonstrate that the structure has historically provided a facility in the neighborhood or otherwise improves the overall neighborhood); (5) Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council; 7 (6) Is generally consistent with the purposes and intent of this ULDC; (7) Is needed as special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial; (8) Is necessary as literal interpretation and enforcement of the terms and provisions of the dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in the same district and would cause an unnecessary and undue hardship; Is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this ULDC and would result in substantial justice; and (9) Will bring the existing and proposed structure closer into compliance with the zoning regulations of this ULDC,or will otherwise improve or enhance public health,safety or welfare. (c) Zoning Variance application standards. A complete application for a variance shall be submitted by a qualified applicant to the director on a form prescribed by the director,along with a nonrefundable fee to defray the actual cost of processing the application.No application shall be processed until the established fee has been paid and the application has been determined complete by the director. (d) Action by director. The director may approve,approve with conditions or disapprove the application for a variance permit,pursuant to the criteria of this section. (Ord.No. 11,866,§2(Exh.A),2-23-12;Ord.No. 13,764,§ 1,5-10-18) Section 8: That Appendix A "Unified Land Development Code," Article I "General," Division 3 "Administration and Procedures," is hereby amended to add Section 1.29.5 "Subdivision Variance Process"as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE I. GENERAL DIVISION 3.ADMINISTRATION AND PROCEDURES Sec. 1.29.5 Subdivision Variance process. (a) Criteria for issuance. The commission may authorize a variance from this chapter when,in its opinion,undue hardship will result from requiring strict compliance. In granting a variance, the commission shall prescribe any condition it deems necessary or desirable considering the public interest. In making the findings required in this division,the commission shall take into consideration the following: (1) The nature of the proposed use of the land involved and existing uses of land in the vicinity; (2) The number of persons who will reside or work in the proposed subdivision; (3) The probable effect of such variance upon traffic conditions and upon the public health,safety, convenience and welfare of the vicinity; and (4) Any and all other facts the commission may deem relevant. 8 (Code 1967, §27-62(a);Ord.No.3655, § 3,7-28-83;Ord.No. 6149, §2,2-13-92) (b) Findings. (1) No variance from this chapter shall be granted unless the commission finds: a. There are special circumstances or conditions affecting the land involved, such that the strict application of this chapter would deprive the applicant of the reasonable use of his land; b. The granting of the variance will not be detrimental to the public health,safety,welfare or will be injurious to other property in the area;and c. The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with this chapter. (2) Such findings of the commission,together with the specified facts upon which such findings are based,shall be incorporated into the official minutes of the commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute hardship requiring variance under this division. (Code 1967, §27-62(b);Ord.No. 3655, § 3,7-28-83;Ord.No.6149, §2,2-13-92) (c)Denial for certain conditions;design elements. (1) No variance shall be granted pursuant to this division as to required improvements,,flood hazard area regulations, bond requirements or utilization. However, a variance may be granted for drainage improvements in a subdivision located wholly outside the corporate city limits by the commission. (2) Nothing in this division is to be construed as prohibiting either the commission or city council from granting a variance from the design elements of required improvements.The term"design elements" refers to the minimum and maximum criteria set forth in this chapter for designing the length, width or configuration of required improvements, such as the maximum length of dead-end roadways or easements,the minimum radius of curves,the minimum width of rights- of-way,etc. (Code 1967, §27-62(c);Ord.No.3655, § 3, 7-28-83;Ord.No. 6149, §2,2-13-92) (d) Subdivisions outside city limits. Variances to this chapter may be granted as to all required improvements in subdivisions located wholly outside the city,but within its extraterritorial jurisdiction,provided the subdivision complies with the minimum standards set by the appropriate county governing body. (Code 1967, §27-62(d);Ord.No.3655, § 3,7-28-83;Ord.No. 6149, §2,2-13-92) (e) Applicability to 100-year storm requirements. The granting of a variance from this chapter shall not relieve the developer from meeting the 100-year storm runoff requirements. 9 (Code 1967, §27-62(e);Ord.No. 3655, §3,7-28-83;Ord.No.6149, §2,2-13-92) (fl Submission of requests. All requests for a variance from this chapter shall be submitted in writing to the commission with preliminary approval. The request shall state why the developer feels his project meets the variance requirements. (g)Appeal of Commission Decision a. Any person shall have the right to appeal any decision of the commission to the city council by making written request to the Planning & Development Director or his/her designee. Such request must be submitted to the Planning & Development Director within 15 days after such person has been notified of the decision of the commission on the matter involved. b. No person shall have any right to appeal for relief to any court in regard to any matter covered by this chapter until after such person has exhausted the appeal procedure provided for in this chapter. (Code 1967, §27-62(f);Ord.No. 3655, § 3,7-28-83;Ord.No. 6149, §2,2-13-92) Section 9: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 2 "Zoning Districts," Section 2.05 "Residential Zoning Districts" is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 2.ZONING DISTRICTS Sec.2.05 Residential zoning districts. (a) Urban neighborhood('TW . This district is a mixed use residential and limited commercial district with a density conforming to the zoning code adopted in 1995. (b) "Single family estate("SFE'). This district provides for residential dwellings at a very low density. This district accommodates only single-family detached dwellings at a density of less than one dwelling unit per acre. (c) Low density single-family residential dwellings ("SFI'). This district provides for single-family detached residential dwellings at a density up to four dwelling units per acre. (d) Mixed residential at low to medium densities ("SF2'). This district provides for single-family detached and attached residential dwellings and two-family dwellings at a density up to nine dwelling units per acre. 10 (e) Medium density mixed residential ("MFI'). This district provides for single-family detached and attached residential dwellings,two-family dwellings,and multifamily dwellings at a density up to 15 dwelling units per acre. (f) Mid-rise density mixed residential dwellings ("MF2'). This district provides for two-family dwellings,single- family attached dwellings and multifamily dwellings at a density up to 23 dwelling units per acre. (g) High density residential dwelling units("MF3'). This district provides for multifamily dwellings at a density up to 30 dwelling units per acre provided that the floor area ratio does not exceed one. For vertical mixed use, see livable centers district in this article. (h) "Open spacelrecreation ("OR'). This district provides for large open areas, private and public recreation areas, and a holding zone for newly annexed areas. APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 2.ZONING DISTRICTS Section 10: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 2 "Zoning Districts," Section 2.082 "San Jacinto Overlay District" is hereby amended to delete Subsection (e) "Definitions" and renumber Subsection (f) "Non-residential uses" as Subsection (e), Subsection (g) "Property Development Standards" as Subsection (f), Subsection (h) "Circulation and Connectivity" as Subsection(g), Subsection(i) "Parking" as Subsection(h), Subsection 0) "Landscaping" as Subsection(i),and Subsection(k) "Residential uses"as Subsection 0). Section 11: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 2 "Zoning Districts," Section 2.082 "San Jacinto Overlay District," Subsections (i)(1)a.-b. are hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 2.ZONING DISTRICTS (h) Parking. Parking lot design shall be aesthetically pleasing and assure pedestrian safety.Additionally, this section encourages a reduction in surface parking counts,smaller parking areas over vast parking lots, promotion of shared parking through shared access and the creation of on-street parking. This section reassures alternative modes of travel by accommodating bicycle parking for all uses. (1) Off-streetparking. a. Off-street parking spaces for non-residential developments shall not exceed the number required by Sec. 3.10.7 of the Code of Ordinances and not be less than 70 percent of the maximum number allowed. 11 b. Off-street parking spaces for dwelling units associated with a mixed-use building shall comply with chapter Sec. 3.13.5 of the Code of Ordinances. Section 12: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 3 "Land Use Tables and Conditions," Section 2.10 "Land Use Conditions" is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3.LAND USE TABLES AND CONDITIONS Sec.2.10 Land use conditions. This section sets forth the conditions associated with identified land uses in section 2.05. The conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the Code. Land Use Applicab Conditions le A.Non-Residential Categories 1 Vehicle repair, LI,HI (a) Vehicles must be kept on the private property of the commercial vehicle repair facility. (b) Vehicle storage is subject to the outdoor storage conditions of this ordinance and must be kept behind opaque screening and in accordance with chapter 112 of the Code of Ordinances. 2 Vehicle repair,non- GC,MU (a) Vehicle repair shall be separated from all adjacent commercial uses by opaque screening. (b) Vehicles must be kept on the private property of the vehicle repair facility. (c) Vehicle storage is subject to the outdoor storage conditions of this ordinance and must be kept behind opaque screening and in accordance with chapter 112 of the Code of Ordinances. 3 Building, heating, GC,MU (a) Outdoor storage shall be separated from all adjacent plumbing, general, uses and public rights-of-way by opaque screening. service or electrical contractors with (b) Loading docks or bay doors shall not face an arterial outdoor storage or collector street. 4 Agriculture All, Agricultural uses involving animal, livestock, exotic, or where similar animal uses are regulated pursuant to chapter 14 permitted anctlor chapter 42,article V of the Code of Ordinances. 12 5 Animals All, Animals are regulated pursuant to chapter 14 and/or where chapter 42,article V of the Code of Ordinances. 6 Containers GC,MU (a) Containers may not be stacked on one another. (b) Berms, hills, slabs in excess of one foot above natural grade or other raised features may not be created upon which to place containers. (c) There is no limit to the number of containers on a property. (d) Containers shall be screened from all adjacent properties by opaque screening. 7 Containers LI,HI (a) Container(s) in LI may be stored or stacked up to 30 feet in height with no limit in the number of containers on a property. (b) Container(s) in HI may be stacked up to 50 feet in height with no limit in the number of containers on a property. (c) Containers shall be screened from all adjacent properties by opaque screening. 8 Day cares LI,HI Day cares must be totally within an enclosed building, in an office or other non-production building and open only to employees of the industrial facility for which the day care is operated. 9 Food service NSC (a) Food service establishments shall not exceed 5,000 establishments square feet in building size. (b) Food service establishments shall be located on a collector street or higher classification as shown on the most current major thoroughfare plan map. 10 Food service All, Food service establishments shall be separated by opaque establishments where screening from single-family or two-family dwellings. permitted except 11 Food service All, Mobile food establishments are subject to the restrictions establishments where under chapter 42 of the Code of Ordinances. 12 Food service ACE Drive-through restaurants within ACE district requires the establishments issuance of a special use permit in accordance with section 1.26 of this ULDC. 13 Hotel GC, Hotels shall be located on property that is at least one acre in ACE, size. GC, Interi A hotel shall(i)only permit controlled access to rooms ACE, or via a lobby and interior hallways; and (ii) include MU,LC acces place(s)of assembly,including but not limited,to,spa s room,fitness room,game room and/or cocktail lounge with a combined minimum of 2,000 square feet. 13 14 Vehicle fueling All, (a) Vehicle fueling station minimart shall not exceed station minimart where 8,000 square feet in building size. permitted (b) Gas station minimart is allowed only if located on a freeway,an arterial street or on a collector street at its intersection with an arterial street. (c) Vehicle fueling station minimart must provide opaque screening adjacent to any residential dwelling or property zoned for residential use. 15 Vehicle fueling NSC (a) Vehicle fueling station minimart shall not exceed station minimart 5,000 square feet in building size. (b) Vehicle fueling station minimart shall not have a drive through for food service in NSC. (c) Vehicle fueling station minimart is allowed only if located on (i) an arterial street, (ii) a collector street, or (iii) a local street intersecting a street of higher classification. 16 Vehicle All, Vehicle fueling stations must provide opaque screening fueling station where adjacent to any residential dwelling or property zoned for permitted residential use. 17 Big box retail All, (a) Building and appurtenances shall be located at least where 20 feet from a residential property line. permitted (b) Loading docks shall not face residential uses. 18 General retail NSC,ACE General retail shall not exceed 10,000 square feet in building size. 19 Grocery stores ACE,NSC (a) Grocery stores shall not exceed 10,000 square feet in building size in NSC. (b) Grocery stores shall not exceed 40,000 square feet in building size in ACE. 20 Group housing, All, (a) Group housing, nursing homes and assisted living nursing homes and where facilities must be licensed by the state. assisted living permitted (b) Group housing, nursing homes and assisted living facilities facilities shall not be located within a floodplain or floodway. (c) Group housing, nursing homes and assisted living facilities shall annually prepare and implement an evacuation plan for all residents in accordance with chapter 22, article II, division 3 of the Code of Ordinances. (d) Direct vehicle access to nursing home facilities in the UN district shall be provided from a collector or arterial street or major thoroughfare. 21 Group housing, All, (a) These uses must secure a special use permit in boardinghouse, where accordance with section 1.26 of this ULDC. 14 group home for permitted (b) Group housing, boardinghouse, group home for substitute care, substitute care, dormitory, halfway house, homeless dormitory, halfway shelter, orphanage, and personal care home shall house, homeless annually prepare and implement an evacuation plan shelter, orphanage, for all residents in accordance with chapter 22 of the and personal care Code of Ordinances. home (c) No application for a proposed group housing use that requires a special use permit may be granted if another group housing use that requires a special use permit exists within one-half mile of the proposed location. i. Such measurements shall be measured from property line to property line. ii. In making the determination that no group housing use requiring a special use permit exists within one-half mile, the director may consider information provided by the applicant, information contained in the records of the city, and information obtained by physical inspection of the premises. 22 Group housing,all All, (a) The following minimum square footage per where bedroom shall be provided by the home: permitted i. To house one handicapped person per bedroom, the dwelling unit must provide 100 square feet of space per bedroom utilized for this purpose; or ii. To house two handicapped persons per bedroom, the dwelling unit must provide 120 square feet of space per bedroom utilized for this purpose. (b) Separate bedroom facilities from all residents shall be provided for the care provider or providers that live in the facility part-time or full-time with the residents. (c) Nothing in this condition shall be construed to restrict the location or operational abilities of facilities engaging in the sale of alcohol for on or off- premises consumption based on the location of group housing facilities. (d) All facilities shall meet and maintain compliance with the Code of Ordinances and requirements of this ULDC and all applicable health and safety codes and regulations in effect. 23 Industrial uses All, These industrial uses require the issuance of a special use where permit in accordance with section 1.26 or 1.26.5 of this permitted ULDC,or a drilling overlay district in accordance with 2.085 of this ULDC. 15 25 Kennels GC,MU,L (a) Kennels are not allowed within 100 feet of any@ residential use. (b) Kennels are not allowed within 300 feet of a church, school,hospital,or place of assembly. (c) Kennels are not allowed within 300 feet from where food is sold or consumed. (d) I Kennels shall not house exotic animals. 26 Live outdoor All, Live outdoor exhibitions shall conform to all licensing, exhibitions where inspection and performance standards in chapter 42 of the permitted Code of Ordinances. 27 Office HI Office use may only be ancillary to an allowed primary use. 28 Office NSC,ACE Office shall not exceed 10,000 square feet in building size in NSC. Office shall not exceed 4,000 square feet in building size in ACE. 29 Drilling, oil or HI (a) A special use permit is required in accordance with gas operations section 1.26.5 of this ULDC. (b) All drilling, oil or gas operations shall be separated from all adjacent uses by opaque screening. (c) Private saltwater disposal injection wells are permitted where approved in accordance with section 1.26.5 of this ULDC. (d) Commercial saltwater injection disposal wells are not permitted. 29.5 Drilling, oil or DOD (a) A drilling overlay district is required in accordance gas operations with 2.085 of this ULDC. (b) Private saltwater disposal injection wells are permitted. (c) Commercial saltwater injection disposal wells are not permitted. 30 Places of assembly All, (a) Direct vehicle access shall be provided from a where collector or higher classification street. permitted (b) Outdoor uses associated with places of assembly shall be setback at least 300 feet from any residential property line. If a place of assembly has an outdoor use, there shall be opaque screening along the common property line with any adjacent residential uses. 30A Places of assembly ACE (a) Places of assembly cannot be located therein if its presence precludes the sale of alcoholic beverages for on-premises consumption elsewhere in the ACE district. 16 (b) Direct vehicle access shall be provided from a collector or arterial street unless the point of access to the off-street parking area serving the use is located within 1,500 feet of a collector or arterial street, as measured along the centerline of the place of assembly. 31 Recreational All, (a) Recreational vehicle parks shall be separated from vehicle park where all adjacent uses by opaque screening. permitted (b) Property not subject to a valid recreational vehicle park operating license pursuant to chapter 58 on April 13, 2013, must have an approved special use permit prior to receiving a building permit. (c) Property not subject to a valid recreational vehicle park operating license pursuant to chapter 58 on April 13,2013, must be a minimum of five acres in size. 32 Pet stores All, A dog run may be placed on site at a pet store,where it is not where adjacent to any dwelling unit and it may not be used for permitted overnight sleeping of animals. 33 Funeral home All, A funeral home with a crematorium requires the issuance of where a special use permit in accordance with this ULDC. 34 Resource All, F(a) Resource extraction shall be separated from all extraction where adjacent uses by opaque screening. permitted Trucks must use designated truck routes. Resource extraction requires the issuance of a special use permit in accordance with section 1.26.5 of this ULDC, or a drilling overlay district in accordance with 2.085 of this ULDC. 35 Slaughterhouse HI A slaughterhouse shall be at least 1,000 feet from any residential property line. 36 Vehicle storage GC,MU (a) Vehicle storage is subject to the outdoor storage conditions of this ordinance and must be kept behind opaque screening and in accordance with chapter 112 of the Code of Ordinances. (b) Vehicles that contain hazardous materials pursuant to the standards of the state department of transportation, the state commission on environmental quality, or any other regulatory agency of the state or federal government are not allowed to be in such vehicle storage. 37 Telecommunication All, Except as otherwise provided in the Code of Ordinances, facilities where telecommunication towers in excess of 50 feet in height and permitted monopole towers in excess of 85 feet in height are permitted in all non-residential zoning districts with a special use permit in accordance with section 1.26 of this ULDC. 17 40 Warehouse and MU,GC (a) Warehouse and freight movement excludes freight movement, shipment or storage of hazardous cargo and/or Wholesale Trade materials. (b) Warehouse shall have a maximum building height of 40 feet. (c) Outdoor storage shall be separated by opaque screening from all adjacent uses and all public rights-of-way. (d) Loading docks or bay doors shall not face arterial or collector street. (e) If warehouse exceeds 10,000 square feet, must adhere to LI vegetative buffer described in Sec. 18- 1206.5 of the Code of Ordinances. (f) No rail, boat, or air transport of cargo may be used for freight movement on site. (g) The primary activity must be done within the enclosed warehouse structure. (h) Warehouse must be located on an arterial street. (i) Minimum lot size must be at least one acre. (j) The minimum building setback shall be a 100 feet. Within this setback, a 50-foot open space and a 50- foot vegetative buffer shall be provided. (k) Existing uses may expand no more than 50% of the total square footage of all buildings lawfully existing on December 20, 2015, and be exempt from all use conditions, property development and compatibility standards except for the following: Meet LI setbacks along with all other standards for GC in Table 3-1;and » Provide a minimum of six feet of opaque screening from all adjacent uses. 41 Recycling centers LI (a) Recycling centers are only allowed if the center is an indoor facility. (b) Outdoor storage is allowed only if the items being stored are completely enclosed in containers in conformance with this ULDC. 42 Outdoor storage, All, » All outdoor storage shall only occur within the side container, Boat and where and/or rear yard(s) of the property. Where double RV storage, permitted frontage occurs, outdoor storage shall not be Building, heating, permitted beyond the plane of the side building plumbing, general, facade that is adjacent to the side street. service or electrical » All outdoor storage shall be separated by a contractors with vegetative or transition buffer, as described in outdoor storage section 3.14(i) of the Code of Ordinances, from all adjacent uses and all public streets. 18 43 Medical equipment MU,GC,L (a) Medical equipment must be totally enclosed within a storage and building. research facilities (b) No outdoor storage of medical equipment. (c) Storage does not include incineration or other forms of destruction but only storage. (d) Medical research facilities shall be located only on the same lot with a hospital or on the same campus as a hospital and shown on a detailed plan meeting the requirements of subsection 2.08(d), which must be approved and administered in accordance with section 2.08. 44 Dwelling Unit MU, ACE, (a) New dwelling units are allowed in MU where the LC, GC, residential lot provides an open space setback of 20 LI, HI feet from any adjacent,existing non-residential use. (b) New residential subdivisions proposed in MU shall only be approved where the subdivision is rezoned to an appropriate residential zoning district. (c) Dwelling units are allowed in ACE following the standards set forth in this ULDC. (d) Live-work uses may be located in an ACE district i. Behind a business on its first floor as long as: • The exterior wall of the residential area is not along Texas Avenue; • The exterior wall of the commercial use and the primary entrance to the commercial use is along Texas Avenue; and • The commercial use occupies at least 25% of the area of the first floor;and ii. Above the first floor where the residential unit has frontage on Texas Avenue. i. If: • No residential dwelling unit on the first floor has a door opening onto the primary street; • Less than 50%of the mixed-use building's frontage on the first floor along a primary street is used for residential dwelling unit(s);and • The mixed-use building is not new construction;or ii. If the residential unit is above the ground floor. (e) When a mixed-ued building fronts on Texas Avenue in the ACE district,a residential use is allowed only i. If: 19 No residential dwelling unit on the first floor has a door opening onto the primary street; • Less than 50%of the mixed-use building's frontage on the first floor along a primary street is used for residential dwelling unit(s); and • The mixed-use building is not new construction;or ii. If the residential unit is above the ground floor. (f) Dwelling units are allowed in LC in cases in which they are allowed in an approved planned unit development. (g) A dwelling unit is allowed in GC, LI, and HI as an accessory use for on-site security and management purposes. (h) A dwelling unit is allowed in MU as an accessory use for on-site security and management purposes when used as a commercial use. (i) Except as provided in condition A44(g), new dwelling units cannot be constructed after April 13, 2013,in GC. 45 Entertainment All, Entertainment facilities, including bars and lounges, are facilities, where subject to the restrictions under chapter 6 of the Code of including bars and permitted Ordinances. 46 Truck Stop GC Only allowed on a lot that has frontage on either Interstate 10 or Thompson Road and is completely located within a 2,000- foot radius measured from the centerline intersection of Interstate 10 and Thompson Road. 48 Manufacturing All, (a) All manufacturing activities must be contained (light) where entirely within a building. permitted (b) Manufacturing of hazardous cargo and/or materials is prohibited. 48.5 Manufacturing MU,GC (a) Minimum lot size must be at least one acre. (light) (b) The minimum building setback shall be 100 feet. Within this setback, a 50-foot open space and a 50- foot vegetative buffer shall be provided. (c) Existing uses may expand no more than 50% of the total square footage of all buildings lawfully existing on December 20, 2015, and be exempt from all use conditions, property development and compatibility standards except for the following: » Meet LI setbacks along with all other standards for GC in Table 3-1;and » Provide a minimum of six feet of opaque screening from all adjacent uses. 20 49 Manufacturing All, (a) All manufacturing (custom) activities are to be (custom) where contained entirely within a building. permitted (b) Storage or manufacturing of hazardous cargo and/or materials is prohibited. (c) All manufacturing(custom) activities shall be limited to 10,000 square feet of floor area or less. 50 Outside sales and All, Outside sales and displays are limited in area to 500 square feet display except LI or 10%of the gross floor area of primary uses, whichever is and HI greater, and shall be considered as retail sales floor area for purposes of calculating parking. 51 Storage building All, (a) Storage buildings are limited in area to 500 square feet except LI or 10% of the gross floor area of the primary use, and HI whichever is greater,and shall be considered as retail sales floor area for purposes of calculating parking. (b) Storage buildings must be placed behind the front building frontage of the structure housing the primary use. 52 Vehicle and boat All, (a) Repair work, if any, shall be done wholly inside of a sales, rental or where building. leasing facility permitted (b) Vehicles and boats sold, rented and leased may not have a gross vehicle weight greater than 13,000 pounds. (c) Vehicle storage is subject to the outdoor storage conditions of this ordinance and must be kept behind opaque screening and in accordance with chapter 112 of the Code of Ordinances. (d) Vehicles that contain hazardous materials pursuant to the standards of the state department of transportation, the state commission on environmental quality, or any other regulatory agency of the state or federal government are not allowed to be in such vehicle storage. 53 Equipment sales MU,GC (a) All equipment shall be separated by opaque screening and rental facilities from all adjacent properties and all public rights-of- way,except one of each equipment type may be used for display purposes. (b) The sale or rental of tools, tractors or equipment, which are over 13,000 lbs. GVWR and/or are greater in height than 10 feet in its storage configuration and/or are designed and used solely for industrial purposes is not permitted. 54 Supply houses MU,GC (a) Outdoor storage shall be separated by opaque screening from all adjacent uses and all public rights-of-way. (b) Storage or sale of hazardous cargo and/or materials is prohibited. 21 (c) Loading docks or bay doors shall not face arterial or collector rights-of-way. (d) The minimum building setback shall be 100 feet. Within this setback, a 50-foot open space and a 50- foot vegetative buffer shall be provided. (e) Minimum lot size must be at least one acre. (f) Existing uses may expand no more than 50% of the total square footage of all buildings lawfully existing on December 20, 2015, and be exempt from all use conditions, property development and compatibility standards except for the following: » Meet LI setbacks along with all other standards for GC in Table 3-1;and » Provide a minimum of six feet of opaque screening from all adjacent uses. 54.5 Supply houses LI (a) Outdoor storage shall be separated by opaque screening from all adjacent properties and all public rights-of-way. (b) Storage or sale of hazardous cargo and/or materials is prohibited. 55 Repair Business All, (a) Outdoor storage shall be separated by opaque where screening from all adjacent uses and all public permitted rights-of-way. (b) Repair work shall be performed wholly inside of an enclosed structure. 56 Sandblasting MU, GC, Sandblasting must be conducted wholly within an enclosed NSC, structure. ACE, LC 57 Sandblasting LI,HI Sandblasting shall be permitted if (i) contained wholly inside of an enclosed structure or(ii)outside of an enclosed structure with an approved special use permit. 58 Nursing homes and NSC (a) Nursing homes and assisted living facilities shall assisted living provide a 20-foot vegetative buffer zone consisting of facilities one tree and eight shrubs for every 30 linear feet of the shared property line between all residential zoning districts and uses. The plantings shall meet the specifications of section 18-1203 of the Code of Ordinances. (b) Nursing homes and assisted living facilities shall be located on arterials or collectors. 59 Self-storage MU,GC (a) No self-storage land use shall be located within one mile of another self-storage land use. The measurement of the distance between self- storage shall be in a direct line from property line to property line, without regard to roadways and intersections;and 22 Self-storage buildings shall have a maximum height of 30 feet. Parapet walls used to screen mechanical equipment on the roof shall not be considered for the height measurement. (b) Bay Self-storage bay(s)/unit(s)shall be accessed access, from the interior of a building;and interior Self-storage bay(s)lunit(s)ldoors shall not be visible from the exterior of the building. (c) Bay Self-storage bay(s)lunit(s) with entrances access, accessible from the exterior of the building exterior shall only be permitted along facades facing the interior of the property and facades not facing the public street. Self-storage bay(s)unit(s) with entrances accessible from the exterior of the building shall install a transition buffer as described in section 3.140)5 of the Code of Ordinances. 60 Travel center GC (a) Only permitted on sites within a 1,500-foot radius of the center lines of the following intersections: Interstate Highway 10 (IH 10) and South Main Street (near Highlands); the Grand Parkway(SH 99) east of Tri City Beach Road;and the Grand Parkway(SH 99) west of State Highway Business 146(SH 146 BS). (b) Sites shall have no less than 100 feet of frontage and be no less than 5 acres in size. (c) Commercial vehicle parking spaces shall be limited to 8spaces, with a maximum of 8 commercial diesel fueling positions. (d) Fueling areas for domestic vehicles and fueling areas for commercial vehicles must be separated. (e) Travel centers must provide opaque screening adjacent to any residential dwelling or property zoned for residential use. (f) Travel centers shall be 8,000 square feet or more inbuilding size. B.Residential Categories 1 Accessory All, (a) Accessory dwelling units may be permitted as an dwelling units where accessory use to an otherwise allowed detached permitted single-family dwelling in any zoning district that allows single-family dwellings. (b) The unit shall include a full kitchen. (c) I Only one accessory dwelling per lot is allowed. (d) The total living area of the accessory dwelling unit shall not exceed 600 square feet or 25 percent of the square footage of the living area of the private residential dwelling,whichever is greater. 23 (e) The principal residential and accessory dwelling unit together shall not exceed the maximum zoning district impervious cover. (f) The accessory dwelling unit may be part of or attached to the principal structure, and/or may be a separate structure. (g) All principal structure yard requirements shall be met by the principal structure and the accessory dwelling unit. (h) The accessory dwelling unit shall not exceed the maximum zoning district height. (i) Accessory dwelling units may not be used for commercial purposes. (j) Accessory structures other than accessory dwelling units that exceed 25% of the gross floor area of the primary residence must abide by the design standards in article three of this ULDC. (k) Accessory dwelling units must have similar architecture to the primary residence. (1) Accessory dwelling units may be placed inside the primary residence or may be a freestanding structure. (m) The primary and secondary dwelling units must be serviced by the same water/sewer meter. (n) The accessory dwelling unit must have a separate address on file with the city and the authorities/organizations responsible for emergency response, mail delivery and electric service. 2 Residential All, (a) Residential accessory structures are allowed to accessory where remain in non-residential zoning districts as structures permitted nonconforming uses only if the structure is an accessory to an existing, nonconforming primary residential use. (b) New residential accessory structures allowed in SF2, except accessory dwelling units, are allowed if the structure is an accessory to an existing, nonconforming primary residential use.All residential accessory structures must meet the zoning district property development standards. 3 Agriculture SFE, (a) Animals and agricultural uses involving animals are SF1, regulated pursuant to chapter 14 and/or chapter 42, SF2,OR article V of the Code of Ordinances. (b) Any agents causing noxious odors shall not be located closer than 100 feet from any adjacent residential property line, public right-of-way, or public space. 24 5 Communit All, (a) Free standing buildings must be of the same y building where architectural style as the dwelling units they serve. permitted (b) Free standing buildings must be connected by walkways to pedestrian areas and parking lots. (c) Parking must be provided in the amount of one space for every 50 residential dwelling units in the complex or one space for every 50 lots in the subdivision. 6 Communit All, (a) Community services shall be separated from all y services where adjacent residential dwellings by opaque screening. permitted (b) Minimum parking requirements are one per 200 square foot of usable area. 7 On-site association All, Club houses and management facilities must be of similar management where architecture to the apartment complex or the neighborhood offices and club permitted in which they are located. houses for dwelling units 8 Family home day All, (a) There is a maximum of six children,including care where children of the family providing day care. permitted (b) Only those family home day cares that are duly licensed by the state are allowed. (c) Baytown fire department permitting and inspections are required. (d) All requirements for a home occupation shall be followed. (e) Annual renewal of family home day care permit required with an inspection in advance of renewal. 9 Group housing, All, (a) No group housing residents may occupy a single- group homes for where family residence, other than the property owner or the disabled and permitted family of the property owner until a group housing personal care acknowledgment form has been duly filed with the homes director on a form prescribed by the director. (b) The facility shall be responsible for providing food, shelter, personal guidance, general care and supervision to all of its residents. (c) There shall be no signs or other exterior visible evidence of the group housing use and the exterior structure must retain its compatibility with the surrounding residential dwellings. (d) There shall be no visible storage of equipment, materials or vehicles that have more than two axles. (e) No equipment shall be used that creates undue noise, vibration, electrical interference, smoke or particulate matter emission, excessive power demands or odors. 25 (f) The facility shall comply with the operational performance standards of the Code of Ordinances. (g) The residents of the home may not keep,either on the premises of the home or on a public right-of- way adjacent to the home,motor vehicles in numbers that exceed the numbers of bedrooms in the home. (h) The city reserves the right to inspect the location at any time to ensure that the health,safety and general welfare of the residents is being provided for by the facility. (i) Nothing in this section shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own dwellings or to affect the right of individuals to care for handicapped family members. 10 Home occupation All (a) A home occupation shall not exceed 25% of the residential heated/air conditioned space of the dwelling unit. districts (b) The following home occupation standards are intended to permit residents to engage in home occupations within zoning districts that allow residential uses and that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential areas. (c) These home occupation standards shall have no application in any non-residential zoning district. (d) A home occupation shall be considered an accessory use,subject to the following standards: i. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner; ii. There shall be no signs or other exterior visible evidence of a home occupation; iii. There shall be no storage of equipment visible outside the dwelling, or materials or vehicles that have more than two axles; iv. The home occupation shall be conducted entirely within the principal residential building; and V. No equipment shall be used that creates noise, vibration, electrical interference, smoke or particulate matter emission, power demands or odors above the existing level. (e) Home occupations shall comply with the operational performance standards of this ULDC. 26 (f) Home occupation applicants shall complete an annual registration form and pay the one-time and annual fees as defined in chapter 2 of the Code of Ordinances. 11 Multifamil MF1, (a) If a multifamily complex is constructed in phases, the y dwellings M172,MF3 planned amenities and community buildings must be constructed in an at least equal ratio along with the residential buildings. For example, a 200- unit apartment complex with two swimming pools and two laundry buildings that is constructed in two 100-unit phases must construct at least one swimming pool and one laundry building with the first phase. (b) Developments in the MF 1 may not use special flood hazard areas in density calculation, thus preventing the development from being overcrowded on usable land and thereby being incompatible with the medium density duplex and townhouse development standards. (c) Gazebos,workshops, green houses and other similar accessory uses are allowed in common space but may not be constructed on leased space or designated for individual tenant use. 11 A Multifamil ACE (a) Multifamily dwellings shall not exceed 30 units per y dwellings acre. (b) Multifamily dwelling units are not allowed on the ground floor of buildings along Texas Avenue unless the units are located on the second floor or higher. 12 Places of assembly All, (a) Direct vehicle access shall be provided from an where arterial street. (b) Outdoor recreation,entertainment and performing arts uses associated with places of assembly that utilize outdoor lighting and speaker systems shall be setback at least 300 feet from any residential use and shall provide a 25-foot wide vegetative buffer against the property line containing the residential use. 13 Private (a) Private open space is not a public park and may not be open used to increase the net density on the project. (b) Private open space shall be a minimum of 100 square feet in size. (c) Private open space must be accessible to pedestrian pathways,if available. (d) Private open space must be deed restricted to private recreation prior to any building permits being issued for any dwelling unit. 14 Single-family SF2, (a) Each single-family attached dwelling unit shall be dwelling attached MF1, situated on a separate legally platted lot. MF2 (b) Required parking areas and garages shall be located to the rear of the building. (c) Parking shall be permitted in the required street side yard. (d) A home owner's association shall be established and made responsible for the perpetual maintenance and repair of common areas. (e) The maximum number of units per building is eight. (f) The minimum number units per building is three. (g) Each dwelling unit shall have a front and a back door on the ground floor that exits to the exterior. (h) Each unit shall have 25%of the lot area in private open space on the lot with the unit. (i) Shared open space: each townhouse development shall have common open space not on the lot with the unit, accessible to all residents and not used for parking,storage,lift stations and the like. (j) Density in the MF2 district shall not exceed 21 units per acre. 15 Solar energy All, Solar energy systems are allowed, so long as they do not systems where reflect light into the public right-of-way or adjacent permitted properties. 16 Stable SFE, A stable may not be used for commercial purposes. SF 1, 17 Single- MF (a) Density may not exceed ten units per acre. family 1 (b) Limited to developments of at least ten units. (c) No single-family dwelling unit shall front on Texas Avenue. 18 Two-family SF2 (a) Minimum density allowed shall be six units per acre. dwelling duplex AC (b) No two-family dwelling unit shall front on Texas E Avenue. 19 Two-family M172 Density shall not exceed 17 units per acre. dwelling duplex 20 Garage sales All, Subject to the restrictions of chapter 82 Article IV of the where Code of Ordinances. 21 Single-family ACE (a) Required parking areas and garages shall be located to dwelling attached the rear of the building. (b) The maximum number of units per building is 15. (c) The minimum number of units per building is three. 28 (d) Common open space is required for each townhouse development and such common open space shall not be on the lot with the unit, shall be accessible to all residents, shall be within the boundary of the townhome subdivision plat, and shall not be used for parking,storage,lift stations or other similar uses. 22 On site storage of a All, Personal pleasure boat or recreational vehicle must be outside personal pleasure where of the rear and side setbacks for the specific zoning category boat or recreational permitted and stored in accordance to chapter 94 which requires such to vehicle be on an impervious surface. 23 Onsite animals All, The minimum lot size for livestock, rabbits, fowl, bees or where beehives is one acre. permitted Animals and agricultural uses involving animals are regulated pursuant to chapter 14 and/or chapter 42,article V of the Code of Ordinances. Section 13: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 1 "Property Development Standards" Section 3.02 "Setbacks," Subsection(c)(4)is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 1.PROPERTY DEVELOPMENT STANDARDS (4) Signs,if permitted by section 118 of the Code of Ordinances; Section 14: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 2 "Operational Performance Standards," Section 3.08 "Standards" is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 2.OPERATIONAL PERFORMANCE STANDARDS (e) Screening. Non-residential and multifamily residential development, including off-street parking areas associated with such developments,shall be screened from view of adjacent single-family or duplex use and any property zoned SFE, SF1, S172, or OR. Such visual screening shall be accomplished through the use of opaque fence meeting the requirements within this ULDC, pertaining to buffer fencing,along the lot line that is adjacent to the single-family or duplex use or 29 property zoned SFE, SF1, SF2 or OR. Mechanical equipment, outdoor storage areas and refuse collection areas shall be completely shielded from view of adjacent single-family or duplex uses, scenic corridors or property zoned SFE, SF1, SF2 or OR by an opaque fence or wall made of material specified in division 2 of article XII of chapter 18 that is at least one foot taller than the site feature being screened from view, provided this shall not be interpreted as requiring screening, fences, or walls to be taller than ten feet. Fences, walls and buffers must comply with all other requirements of the ULDC. Section 15: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 3 "Non-Residential Zones," Section 3.10 "Applicability" is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 3 "NON-RESIDENTIAL ZONES," SECTION 3.10 "APPLICABILITY" (d) Landscape. The standards for landscaping are set forth in Sec. 3.10.5 Landscaping of this Division. Section 16: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 3 "Non-Residential Zones," to add Section 3.10.5 "Landscaping Requirements"and Section 3.10.7 "Off-Street Parking&Open Space Areas as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 3 "NON-RESIDENTIAL ZONES" Sec.3.10.5 Landscaping requirements. (1) General. (a) Title. This section shall be known and may be referred to as the"Landscaping Ordinance of the City of Baytown"or simply as the"Landscaping Ordinance." (b) Purpose. This section is adopted for the purpose of promoting the public health, safety and general welfare of the citizens of the city and is intended to achieve one or more of the following: (1) To create an aesthetically pleasing environment that improves the quality of life for citizens; (2) To enhance property values and to protect public and private investment; (3) To promote the beautification of the city; (4) To provide adequate light and air space; (5) To prevent overcrowding of land; (6) To ensure that the local stock of trees and vegetation is replenished;and/or 30 (7) To stabilize the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge, stormwater runoff,and soil erosion retardation,while at the same time aiding in noise,glare and heat abatement. (c) Applicability. The provisions of this section shall apply to all nonresidential developments and multifamily complexes, as that term is defined in Article VI - Definitions, within the city, unless specifically provided otherwise in this article. (1) The landscaping provisions contained in this article shall become applicable to each individual nonresidential lot at the time an application for a new commercial permit is made. When remodeling, redevelopment or reconstruction is proposed on nonresidential property that would result in an expansion of gross floor area, parking lot area, or vehicular surface area, the following provisions apply: a. When remodeling,redevelopment or reconstruction is proposed on nonresidential property that would expand existing gross floor area of the lot's structure or structures by less than 50 percent, only the portion of the site where the expansion is located is subject to the provisions of this section. b. When remodeling, redevelopment, reconstruction or expansion is proposed on nonresidential property that would expand existing gross floor area of the lot's structure or structures by 50 percent or more,the entire property must comply with the provisions of this article. The removal of any portion of an existing building is not required for compliance with this subsection(c)(1)b. C. If within a three-year period the impervious surface area of a nonresidential development is increased by 25 percent or more or if within a three-year period 25 percent or more of the impervious surface area of a nonresidential development is reconstructed, the requirements of section 3.10.5(3)shall be applied only to the area where the expansion or reconstruction occurs. This provision shall apply only when such expansion or reconstruction is not a part of a structural remodeling,redevelopment or reconstruction project. (2) All landscaping requirements under this article shall run with the land and shall apply against any owner or subsequent owner. (3) Each phase of a phased project shall comply with the requirements of this section. If the nonresidential development is to be construed in phases,phase lines shall be drawn 20 feet or more from developed site elements (parking, buildings, ponds, etc.). The portion of the land remaining for subsequent phases shall be no less than three-fourths of an acre. (4) This section shall have no application to nonresidential developments with parking lots of less than 5,000 square feet. (d) Inconsistent provisions and conflict with other regulations. In the event that any provision of this article is inconsistent or in conflict with any other provision of this article or any other ordinance or regulation of the city,the more stringent provision shall control,unless otherwise specifically stated. (e) Transitional provisions. (1) Building permits. Except as specifically provided in this article, the provisions of this article shall not affect any valid building permit issued or any valid building permit application filed prior to August 2, 1998, provided that construction pursuant to such permit, is commenced within six months of the date of issuance of the permit and diligently pursued, as determined by the chief building official, to completion in accordance with the applicable regulations of the city. 31 (2) Subdivision plats. Except as specifically provided in this article, the provisions of this article shall not affect any preliminary plat or final plat approved pursuant to the regulations of Article IV-Subdivisions. (2) Landscape plan. When a new commercial permit is required, the owner shall provide the director as part of his construction documents a landscape plan containing the following information: a) The location of existing boundary lines and dimensions of the tract and the square footage of the total off-street parking area; b) The location of existing and proposed utility easements on or adjacent to the lot and the location of overhead power lines and any underground utilities; c) A description of adjacent land uses,existing developments and roadways; d) The location, size and type of proposed landscaping in areas to be landscaped and the size of proposed landscaped area; e) The location, species and diameter of existing trees having a caliper of 1'/2 inches or larger. Landscape reserves with numerous trees may be outlined with a description of existing trees to be preserved;and f) All other information necessary for verifying that the minimum landscaping requirements have been satisfied pursuant to this article. All forms of landscaping are suitable including flowers, ground cover, shrubs, trees and the various forms and sizes of mulch. Unless expressly stated otherwise,all trees shall be a minimum of five feet in height immediate upon planning and have a minimum 1'h-inch caliper. All shrubs must be a minimum size of one gallon and be a minimum of 1'/z feet in height when planted. Plant height shall be measured from average grade after planting. (3) Streetscape. (a) In addition to the landscaping requirements of section 3.10.5, the owner of nonresidential property subject to this article shall be required to provide streetscape as described in this section and as depicted in Figure 4-9 3-1 "Streetscape Layout."Nothing in this subsection shall be construed as to require streetscape on undeveloped land. Streetscapes shall be no less than six feet wide. (b) Streetscape shall be required along the entire length of the property which is adjacent to a street right- of- way,except that streetscape shall not be required across driveways. (c) Streetscape shall include an area beginning at the property line which is adjacent to a street right-of- way, extending into the private property to establish the required width as listed in this section. (d) The streetscape's trees, shrubs, ground cover, and other landscaping shall be placed and maintained so as not to cause a visual obstruction and so as not to violate section 122-3. (e) Streetscapes shall be adequately watered using one of the following methods: (1) Automatic irrigation system;or (2) Manual watering,if all parts of the landscape improvements are within 100 feet of one or more hose bibs,and if a nonresidential streetscape improvement does not exceed 1,500 square feet. (f) Streetscape width shall be determined by the street classification as identified by the city's major thoroughfare plan and shall be as follows: 32 lassification Minimum Streetsca a Width ocal 6 feet ollector 6 feet inor Arterial Lot Size Minimu m Street 1 acre or less 6 feet More than 1 acre 12 feet Major Arterial Lot Size Minimu m Street 1 acre or less 6 feet More than 1 acre 112 feet reeway 25 feet (g) Streetscape planting installation. (1) Within a streetscape,large trees can be substituted with small trees where overhead utility lines will conflict with the large tree at or before the tree grows to its mature height. (2) All trees and shrubs are to be planted in an organized fashion and in such a way as to facilitate the creation of a visual screen. (3) Local and/or collector. The streetscape along local and collectors street shall be planted with either large or small trees,planted 30 feet on center,with eight shrubs, not less than two feet in height,for every 30 feet. (4) Minor and major arterials. The streetscape along a major and/or minor arterial street shall be planted with either large or small trees,planted 30 feet on center, with eight shrubs not less than two feet in height for every 30 feet to form an intermittent hedge.No less than 50 percent of the tree plantings shall be large trees along minor and major arterials. (5) Freeway. a. The streetscape along a freeway shall be planted as a staggered double row consisting of small evergreen trees on the front row,and large trees on the back row. b. The front row of trees shall be planted 20 feet on center. C. A minimum of 50%of the back row shall be planted with evergreen trees.This row shall consist of large trees planted 25 feet on center. d. A minimum of 8 shrubs, not less than two feet in height, for every 20 feet forming an intermediate hedge,shall be planted in the front row. 33 Figure 3-1. Streetscape Layout R.O.W. -- - - - -- - - - - - - - - - - -- -- - - - - - - Private Property Local 6 feet Collector }6 Beet Streetscapes 30 feet Large Tree Arterial " j�f �' .•.•.�-12 feet Small Tree Streetscape 30 feet 20 feet shrub r reeway Streetscape 25 feet, ; 2 5 feet (6) Appropriate tree planting species. Appropriate shade tree species for streetscape and buffers include the following: Tree Species Local/ Arterial Freeway Vegetative/ Collector Streetscape Streetscape Transition Streetscape Buffer Lacebark Elm ♦(1) x x X (Ulmus parvifolia) Southern Magnolia ♦♦ (1) x X x (Magnolia grandiflora) Live Oak ♦♦ (1) x X x (Quercus virginiana) American Holly ♦♦ (1) x X x (Ilex opaca) Montezuma Cypress ♦ (1) x X x (Taxodium mucronatum) Eastern Redcedar ♦♦ (1) x X x (Juniperus virginiana) 34 Common Crapemyrtle *(s) x x (Lagerstroemia indica) Waxmyrtle **(s) x x X x (Myrica cerifera) Yaupon *+(s) x x X x (Ilex vomitoria) Little Gem Magnolia ♦+(s) x x X (Magnolia grandiflora) Sweetbay Magnolia +*(s) x x X x (Magnolia virginiana) Foster Holly**(s) x x X (Ilex x attenuata'Fosteri') Flowering Dogwood *(s) x x (Cornus florida) Nelly Stevens Holly **(s) X x X (Ilex x) (s)-small tree(1)-large tree -deciduous tree evergreen tree (h) Variances. (1) The director has the authority to approve variations to the streetscape tree species and the layout of the streetscape plantings as set forth in this section, so long as the number of required plantings and the size of the required plantings meet the intent of this article. (2) Any person,wishing to appeal the director's denial of a variance pursuant to subsection(h)(2), may file a completed application for a variance pursuant to section 1.29 within 30 days after the director's decision. Such variance request shall follow the process and procedures therein established. (i) Exceptions.The following shall be exempt from the streetscape requirements set forth in this section: (1) A lot that is permitted to have a lot coverage greater than 91%,or (2) A lot that is: a. 21,780 square feet or less and b. Adjacent to property developed with nonresidential land uses, which adjacent property does not have an existing streetscape. Sec. 3.10.7 Off-street parking&Open space areas (a) Off-street parking applicability. The off-street parking requirements specified in this chapter shall not apply in the arts,cultural and entertainment(ACE)zoning district and in certain central business district areas as depicted on the maps set forth in appendix 2 of this chapter which are on file with the city clerk. All private property shown in the shaded portions on such maps is exempted from the requirements of this chapter. 35 (Code 1967, § 19Yz-9;Ord.No. 2275, § 2,7-28-77;Ord.No. 11,259, § 1, 11-24-09;Ord.No. 11,606, § 1, 3-24-11; Ord.No. 11,866, §23,2-23-12;Ord.No. 13,211 , § 1,6-9-16) Editor's note(s)—Appendix 2 referred to in this section is not set out in this Code. Copies are on file with the city clerk and chief building official. (b)Granting of exceptions. The Planning& Development Director is granted the authority to issue an administrative variance where there are minor discrepancies with regard to the requirements established in this section,where it is determined that the literal application of such requirements would constitute an undue hardship with regard to the applicant's particular circumstances and would not be essential in accomplishing the objectives of this chapter. In areas that are fully or near fully developed,a variance of up to 30 percent of the number of off-street parking spaces required in this chapter shall be allowed by the Planning & Development Director If the applicant is dissatisfied with the decision of the chief building official with regard to a requested exception,he shall be entitled to appeal such decision to the board of adjustment and appeals. (Code 1967, § 19Y2-8; Ord.No. 2275, §2,7-27-77;Ord.No.4684, § 1,4-9-87) (c)Minimum requirements for spaces. (a) Minimum number of parking spaces. There shall be provided, at such time as a building permit is issued for the erection,alteration or use change of a structure,off-street parking spaces in accordance with the following minimum requirements: (1) Bowling alley: Five parking spaces for each lane; (2) Business or professional office,studio,bank,medical or dental clinic:Three parking spaces plus one additional parking space for each 200 square feet of floor area over 500; (3) Church,theater,auditorium(except school),sports arena,stadium or gymnasium: One parking space for each four seats or bench seating spaces; (4) Community recreation center, library, museum or art gallery: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building,its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains; (5) Dancehall, assembly or exhibition hall without fixed seats: One parking space for each 100 square feet of floor area used thereof, (6) Fraternity,sorority or dormitory: One parking space for each three beds; (7) Furniture or appliance store,hardware store,wholesale establishment,machinery or equipment sales and service, clothing or shoe repair or service shop: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000; (8) Hospital: Four parking spaces plus one additional parking space for each four beds; (9) Hotel: One parking space for each sleeping room or suite plus one parking space for each 400 square feet of commercial floor area contained therein; (10) Industrial plant: The number of parking spaces required to accommodate all plant employees and construction forces on any single shift; 36 (11) Mortuary or funeral home: One parking space for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms; (12) Motor vehicle sales room or car lot: One parking space for each 500 square feet of sales floor area with a minimum of three parking spaces; (13) Private club, lodge, country club or golf club: One parking space for each 150 square feet of floor area for every five members,whichever is greater; (14) Restaurant,nightclub,cafe or similar recreation or amusement establishment:One parking space for each 100 square feet of floor area; (15) Retail store or personal service establishment,except as otherwise specified in this section: One parking space for each 200 square feet of retail sales or floor area; (16) Roominghouse or boardinghouse: One parking space for each sleeping room; (17) Sanitarium,convalescent home,home for the aged or similar institution: One parking space for each six beds; (18) School, elementary: One parking space for each ten seats in the auditorium or main assembly room or one space for each classroom,whichever is greater; (19) School, secondary, and college: One parking space for each eight seats in the main auditorium or three spaces for each classroom,whichever is greater; (20) Tourist home,cabin or motel: One parking space for each sleeping room or suite; (21) Vehicle or boat repair business, including,but not limited to those defined in section 102-136 and automobile repair, major and minor as defined in the Unified Land Development Code: One space for each service bay,plus one space for every 300 square feet of building floor area. (Code 1967, § 19'/z-1; Ord.No. 2275, § 2, 7-28-77; Ord.No. 11,128, § 1, 6-11-09; Ord.No. 12,798 , §§ 1,2,2-26-15) (d)Rules for computing number of spaces. In computing the number of parking spaces required for each of the uses listed in this section, the following rules shall govern: (a) Floor area shall mean the foundation area of the specified use. For a multistory building,each story shall be considered a separate foundation area, so that the total floor area of such building shall include the area of all floors added together; (b) Where fractional spaces result,the parking spaces required shall be construed to be the nearest whole number; (c) The parking space requirement for a use not specifically mentioned in this chapter shall be the same as required for a use of a similar nature; and (d) For mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (Code 1967, § 19%2-2; Ord.No.2275, §2,7-28-77; Ord.No. 3825, § 1,4-12-84) 37 (e)Construction or use changes. Whenever a building or use is constructed or changed after the effective date of the ordinance from which this chapter derives by enlarging the floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a requirement for an increase in the number of parking spaces, such spaces shall be provided on the basis of the enlargement or the change in use. (Code 1967, § 19%2-3;Ord.No.2275, §2,7-28-77) (f)Location of spaces. All parking spaces required in this section shall be located on the same lot with the building or use served, except as follows: (1) Where an increase in the number of spaces is required by a change or enlargement of the use or where such spaces are provided collectively or used jointly by two or more buildings or establishments,the required spaces may be located not to exceed 300 feet from an institutional building and not to exceed 500 feet from any other nonresidential building served; (2) No more than 50 percent of the parking spaces required for theaters,bowling lanes,dancehalls, nightclubs or cafes may be provided and used jointly by similar uses not normally open,used or operated during the same hours as those listed; provided, however, that written agreement thereto is properly executed and filed as specified in subsection(4) of this section; (3) Not more than 80 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by similar uses not normally open, used or operated during the same hours as those listed; provided, however, that written agreement thereto is properly executed and filed as specified in subsection(4)of this section; and (4) When the required parking spaces are not located on the same lot with the building or use served or when such spaces are collectively or jointly provided and used,a written agreement thereby assuring their intention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney,and shall be filed with the application for a building permit. (Code 1967, § 19'/2-4; Ord.No.2275, § 2,7-28-77) (g)Minimum dimensions. The minimum dimensions for off-street parking spaces required under this chapter shall be as follows: (1) Ninety-degree angle parking. Each parking space shall be not less than nine feet wide or less than 18 feet in length.Maneuvering space shall be in addition to parking space and shall be not less than 23 feet perpendicular in width; (2) Sixty-degree angle parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle or less than 17 feet in length when measured at the appropriate angles. Maneuvering space shall be in addition to parking space and shall be not less than 20 feet in width; (3) Forty-five-degree angle parking. Each parking space shall be not less than nine feet wide perpendicular to the parking angle or less than 19 feet in length when measured at the appropriate angles. 38 Maneuvering space shall be in addition to parking space and shall be not less than 11 feet in width;and (4) Other. Where off-street parking facilities are provided in excess of the minimum amounts specified in this chapter or when off-street parking facilities are provided but not required by this chapter, the off street parking facilities shall comply with the minimum dimensions for parking and maneuvering space specified in this section. (Code 1967, § 19Yz-5;Ord.No.2275, §2,7-28-77) (h)Design standards. Geometric design standards for driveways and off-street parking stalls are set forth in appendix 1 to chapter 112, which is on file in the offices of the city clerk and chief building official. Curb cuts shall conform to standards established in the engineering department. Permits for all curb cuts will be issued by the chief building official. (Code 1967, § 19Yz-6;Ord.No.2275, §2,7-28-77) Editor's note(s)—Appendix 1 referred to in this section is not set out in this Code.Copies are on file with the city clerk and chief building official. (i)Maintenance of off-street parking areas. Parking spaces and pedestrian walkways must be clearly delineated and parking spaces must meet the minimum dimensions specified in this section. Parking spaces must be clearly marked with appropriate striping if on a paved surface or appropriate marking if on an unpaved surface.All improved parking surfaces and walkways shall be maintained in a good and safe condition; and free of any defects affecting the use, safety,appearance or drainage of the surface or of the adjoining property. (Ord.No. 12,798 , § 3,2-26-15) 0)Vehicle storage areas. (a) Any motor vehicle sales, car lot, or vehicle or boat repair business, whose customers leave their motor vehicles for repair or service, shall designate a vehicle storage area separate from the required customer parking area for all non-operational vehicles to be serviced. Spaces within the vehicle storage area shall not count towards meeting the minimum required number of customer parking spaces specified in this section nor shall they block access to the building, driveways, sidewalks,or hinder proper vehicular circulation within the lot. (b) Each vehicle storage area shall: (1) Meet the off-street parking minimum dimensions and design standards in this chapter;or (2) Be: a. Enclosed by a six-foot-high, opaque fence consisting of the materials specified in section 18-1011 of the Code of Ordinance; b. Located behind the building line of the building; and C. Designed so that the vehicles stored within are not visible from any public right-of- way in any manner. 39 (c) Any vehicle serviced or waiting to be serviced must be stored in the vehicle storage area when not being actively repaired. (Ord.No. 12,798 , §4,2-26-15) (k)Penalty for violation. Any person violating any section of this chapter shall upon conviction be punished as provided in section 1-14 of the Code of Ordinances. (Ord. No. 12,798 , § 5, 2-26-15) (Ord. No. 11,866, § 2(Exh. A), 2-23-12; Ord. No. 13,521 , § 1, 7-27-17; Ord.No. 13,522, §4,7-27-17;Ord.No. 13,764,§2,5-10-18) Section 17: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 4 "Residential Zones," Section 3.12 "Applicability, Buildings with Multiple Units"is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 4 "RESIDENTIAL ZONES," SECTION 3.12 "APPLICABILITY, BUILDINGS WITH MULTIPLE UNITS" Sec.3.12 Applicability,buildings with multiple units. Any residential building designed for multiple units,including duplex or two-family either for rental or condo ownership shall comply with the masonry, architectural and site design standards listed in this section. (a) Masonry. (1) Sixty percent of the total exterior wall area of the first floor of each building elevation shall be constructed of masonry materials,excluding doors and windows. (2) Thirty percent of the total exterior wall area of the each floor above the first floor of each building elevation shall be constructed of masonry materials, excluding doors and windows. (b) Architectural. (1) Building articulation. a. Building frontages greater than 75 feet in length shall have recessed places, projections, windows,arcades or other distinctive features to interrupt the length of the building facade. b. Front and street sides of buildings visible from the public right-of-way shall include changes in relief such as columns,cornices,bases,fenestration,and fluted masonry, for at least 15 percent of all exterior wall area. (2) Stairwells. Open, unenclosed stairwells shall not be allowed along any facade facing a public street or private street system. 40 (3) False door or window openings. Use of false door or window opening shall be defined by frames, sills and lintels. (c) Site design. (1) All permitted uses and structures that require a commercial occupancy by the building code are subject to the off-street parking, open space, landscape, and streetscape requirements in Division 3 of the ULDC, unless the standards are addressed in this Division. (2) Sidewalks in conformance with chapter 122 of the Code of Ordinances shall be installed from property line to property line at the expense of the property owner in all adjacent rights-of-way prior to the issuance of a certificate of occupancy for a new multi-unit dwelling. (3) Building orientation: a. Building(s)located on parcels that are adjacent to SFE,SF 1 SF2,or MF 1 zones shall have a maximum height of 40 feet or shall be constructed in conformance with the requirements of the 35-degree angle residential proximity slope as depicted in figure 3-5. e-ss oEGlffe(ffssoFxrtti Pa�uzaty�rmE t r V}r E PAWXY OR a s sr�scaa� -• - a oPrr�Vf scsr� Figure 3-5. Building Orientation b. Building(s)located on parcels that are adjacent to SFE,SF 1 SF2,or MF 1 zones shall have a 15-foot building setback and shall provide opaque screening. Parking, dumpsters,and mechanical equipment shall not be allowed within the setback. C. Buildings shall front on public streets and/or private street systems. (4) Developments shall provide a private driving aisle system consisting of limited access driveways. At least one side of the private driving aisle system shall include sidewalks at least five-foot wide and a planting strip between the driveway and sidewalk at least five- foot wide that includes street trees 30-foot on center. The private street system shall provide vehicular and pedestrian access to all parking areas and on site amenities and must connect to the public sidewalk system in the public right-of-way. 41 (5) Recreation space: a. Each development shall provide at least 100 square feet of outdoor recreation space per dwelling unit that is intended to serve the entire development.Open space in the required setbacks can not be counted. b. Outdoor recreation space shall be turf area at least 3,000 square foot in size with maximum slopes of three percent. C. One perimeter shade tree is required for each 1,000 square foot of outdoor recreation space. Section 18: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 4 "Residential Zones" is hereby amended to add Section 3.13.5 "Residential Off-Street Parking" as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 4 "RESIDENTIAL ZONES" Sec.3.13.5 Residential Off-street Parking. (a) Off-street parking applicability. The off-street parking requirements specified in this section shall not apply in the arts, cultural and entertainment(ACE)zoning district and in certain central business district areas as depicted on the maps set forth in appendix 2 of this chapter which are on file with the city clerk. All private property shown in the shaded portions on such maps is exempted from the requirements of this chapter. (Code 1967, § 19%-9;Ord.No. 2275, §2,7-28-77; Ord.No. 11,259, § 1, 11-24-09;Ord.No. 11,606,§ 1, 3-24-11; Ord.No. 11,866,§ 23,2-23-12;Ord.No. 13,211 , § 1,6-9-16) Editor's note(s)—Appendix 2 referred to in this section is not set out in this Code.Copies are on file with the city clerk and chief building official. (b)Granting of exceptions. The Planning & Development Director is granted the authority to issue an administrative variance where there are minor discrepancies with regard to the requirements established in this section,where it is determined that the literal application of such requirements would constitute an undue hardship with regard to the applicant's particular circumstances and would not be essential in accomplishing the objectives of this chapter. In areas that are fully or near fully developed,a variance of up to 30 percent of the number of off-street parking spaces required in this chapter shall be allowed by the Planning & Development Director If the applicant is dissatisfied with the decision of the Planning& Development Director with regard to a requested exception,he shall be entitled to appeal such decision to the board of adjustment and appeals. (Code 1967, § 19V2-8;Ord.No.2275,§ 2,7-27-77;Ord.No.4684, § 1,4-9-87) 42 (c)Minimum requirements for spaces. (1) Townhouse and two-family dwellings: 2'/spaces per dwelling unit. (2) Parking areas designed to serve multi-unit dwellings shall not be located between residential buildings and the street or drive isle system. (3) Multi-family dwellings(three or more dwelling units): Minimum Unit Size Parking Spaces 1.0 each one bedroom or efficiency up to 500 square feet in size 1.5 each one bedroom apartment 500 square feet or greater in size or with two or more bathrooms 1.75 each two bedroom apartment regardless of size 2.0 each three bedroom regardless of size 3.0 each apartment greater than three bedrooms (a) Additional parking spaces for guests. In addition to the minimum number of parking spaces provided for in subsection(a)of this section,there shall be provided,at such time as a building permit is issued for the erection, alteration or use change of a structure, additional off-street parking spaces in accordance with the following minimum requirements: (1) Number. a. Townhouses:Ten percent of the number parking of spaces required in subsection(a)(21). b. Two-family dwellings:Ten percent of the number of parking spaces required in subsection (a)(21). C. Multifamily dwellings:Ten percent of the number of parking spaces required in subsection (a)(22). (2) Location. a. All dwelling units of a townhouse,two-family dwelling or multifamily dwelling must have at least one parking space as required in subsection (b)(1) within 300 feet measured by the walking distance on sidewalks or along the street or driveway from the parking space to the nearest entrance to the dwelling unit. b. all parking required by this subsection(b)must be on the same site as the townhouse,two- family dwelling or multifamily dwelling. (b) Bicycle parking. One bicycle rack(to accommodate three or more bicycles)per residential building and at the community facilities shall be installed and maintained.The bike rack shall be located not in a sidewalk and not in a required parking space but shall be located so as to provide the ability of the bike user to walk on a sidewalk or along with street to access the bicycle rack. (c) Sidewalks from parking spaces. Sidewalks connecting all parking areas to residential and to community buildings shall be provided and maintained. Where the sidewalks cross driving aisles (driveways)crosswalks and/or alternate paving materials shall be installed. 43 (d) Rules for computing number of spaces. Computing number of spaces shall be conducted in accordance with the requirements of Division 3, Section 3.10.7(d) (a) The parking space requirement for a use not specifically mentioned in this chapter shall be the same as required for a use of a similar nature; and (b) For mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (f) Minimum dimensions. Minimum dimensions shall be provided in accordance with the requirements of Divison 3, Section 3.10.7 (g) (Code 1967,§ 19'h-5;Ord.No.2275, § 2,7-28-77) (h)Design standards. Geometric design standards for driveways and off-street parking stalls are set forth in appendix 1 of chapter 112, which is on file in the offices of the city clerk and chief building official. Curb cuts shall conform to standards established in the engineering department. Permits for all curb cuts will be issued by the chief building official. (Code 1967, § 19'h-6;Ord.No.2275, § 2,7-28-77) Editor's note(s)—Appendix 1 referred to in this section is not set out in this Code. Copies are on file with the city clerk and chief building official. (i)Maintenance of off-street parking areas. Parking spaces and pedestrian walkways must be clearly delineated and parking spaces must meet the minimum dimensions specified in this section. Parking spaces must be clearly marked with appropriate striping if on a paved surface or appropriate marking if on an unpaved surface.All improved parking surfaces and walkways shall be maintained in a good and safe condition; and free of any defects affecting the use, safety,appearance or drainage of the surface or of the adjoining property. Section 19: That Appendix A "Unified Land Development Code," Article III "Design and compatibility Standards," Division 5 "District Compatibility Standards," Section 3.14 "Compatibility Standards"is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE III. DESIGN AND COMPATIBILITY STANDARDS DIVISION 5 "DISTRICT COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS" 44 Sec.3.14 Compatibility standards. The following additional standards are applicable to property that is located at the boundary of two or more zoning districts. The following standards are also applicable to the portion of the LI or HI boundary that is within 300 feet of the referenced zoning district. The more intense new non-residential or multifamily use shall implement the applicable compatibility standards before a certificate of occupancy or completion will be issued. (a) Medium density mixed residential (MFI). New development that is zoned MFI and located adjacent to a property zoned,UN,SFE, SF 1,or SF2 shall meet all requirements of the property development standards table in article three,division 1 of the ULDC and install a minimum of a six-foot-tall opaque screen between any property zoned OR,UN, SFE, SF1 or SF2. (b) Mid-rise density mixed residential dwellings (MF2). New development that is zoned MF2 and located adjacent to a property zoned,UN, SFE, SF 1, SF2, or MFI shall meet all requirements of the property development standards table in article three,division 1 of the ULDC,install a minimum of a six-foot-tall opaque screen, and provide a minimum of a 20-foot open space between any property zoned OR, UN, SFE, SF 1, SF2, or MF L Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3of the ULDC. (c) High density residential dwelling units(MF3).New development that is zoned MF3 and located adjacent to a property zoned,UN, SFE, SF1, SF2,MFI,or MF2 shall meet all requirements of the property development standards table in article three, division 1 of the ULDC, install a minimum of a six-foot-tall opaque screen, and provide a minimum of a 20-foot open space between any property zoned OR,UN,SFE,SF 1,SF2,MF 1,or MF2.Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3)of the ULDC. (d) Neighborhood serving commercial (NSC). New development that is zoned NSC and located adjacent to a property zoned OR, UN, SFE, SF1, SF2, MFI or MF2 shall meet all the requirements of the property development standards table in article three, division 1 of the ULDC and install a minimum of a six- foot-tall opaque screen between any property zoned OR, UN, SFE, SF 1, SF2,MF 1 or MF2. (e) General commercial (GC). New development that is zoned GC and located adjacent to a property zoned OR,UN,SFE,SF 1,SF2,or MF 1 shall meet all the requirements of the property development standards table in article three division 1 of the ULDC, install a minimum of a six-foot-tall opaque screen and provide a minimum of a 20-foot open space between any property zoned OR,UN,SFE,SF 1,SF2,or MF 1.Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3)of the ULDC. New development that is zoned GC and located adjacent to a property zoned MF2 or MF3 shall meet all the requirements of the property development standards table in article three,division 1 of the ULDC and install a minimum of a six-foot-tall opaque screen between any property zoned MF2 or MF3. Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3)of the ULDC. (f) Mixed use(MU).MU that is located adjacent to a property zoned OR,UN,SFE,SF 1,SF2,MF 1, MF2, MF3,or NSC shall meet all the requirements of the property development standards table in article three,division 1 of the ULDC,install a minimum of a six-foot tall opaque screen and provide a minimum of a 20-foot open space between any property zoned OR,UN, SFE, SF I, SF2,MF1,MF2,MF3,or NSC. Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3)of the ULDC. 45 (g) Light industrial (LI). New development that is zoned LI and located adjacent to (i)a property zoned OR, UN, SFE, SF1, SF2,ACE,LC,MF1, MF2,MF3,or NSC; (ii) a lot that contains a single-family use; (iii)a public right-of-way designated as an arterial or collector on the city's adopted thoroughfare plan;or(iv) a navigable waterway shall meet all the requirements of the property development standards table in article three, division 1 of the ULDC and provide a minimum 200-foot building setback.New development that is zoned LI and located adjacent to a property zoned MU or GC shall meet all the requirements of the property development standards table in article three, division 1 of the ULDC and provide a minimum 100-foot building setback. Within the applicable setback, a 50-foot open space, a 50-foot vegetative buffer and an opaque screen shall be installed between any property zoned OR,UN, SFE,SF1, SF2,MF 1,MF2,MF3,NSC,GC,or MU in accordance to section 3.14(i).Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3)of the ULDC. (h) Heavy industrial(HI).New development that is zoned HI and located(i)adjacent to a property zoned OR,NSC,MU,or GC; (ii) adjacent to a public right-of-way designated as an arterial or collector on the city's adopted thoroughfare plan;or(iii)adjacent to a navigable waterway shall meet all the requirements of the property development standards table in article three,division 1 of the ULDC, and provide a minimum 300-foot building setback between(i) any property zoned OR,NSC,or GC;(ii) a public right-of-way designated as an arterial or collector on the city's adopted thoroughfare plan; or (iii)a navigable waterway.Within the setback a 100-foot vegetative buffer and a minimum of a six- foot-tall opaque screen shall be installed between any property that is(i)zoned OR,NSC, or GC; (ii) a public right-of-way designated as an arterial or collector on the city's adopted thoroughfare plan; or (iii) a navigable waterway. Any building over 40 feet in height also shall comply with the residential proximity slope in subsection 3.12(c)(3)of the ULDC. HI zoned property is not permitted to be located adjacent to OR,UN,SFE,SF 1,SF2,MU,ACE, LC,MF1, MF2,or MF3 zoned properties. (i) Vegetative and transition buffer zones a. Purposes. The purpose of the vegetative and transition buffer zones required herein is to guard against incompatible uses in adjacent zoning districts by providing a visual screen, a light barrier, a sound barrier and some containment of air movement near the ground level.The provisions of this section shall be construed to accomplish these purposes. b. Exemption. Where vegetative and transition buffer zones are required, the property shall be exempt from section 3.10.5(3) but must provide interior landscaped open space, as required by section 3.10 for parking areas located in the front yard of the development. Side and rear yard parking areas are not required to provide interior landscaped open space. C. Landscaping requirements. The landscaping requirements of this subsection are intended to provide a continuous vegetative screening of the district or land use. The following contain the minimum standards; however,additional plantings or other forms of opaque screening may be required to accomplish this purpose. d. Vegetative buffer zone. Vegetative buffer zones shall have a minimum width of 50 feet. e. LI zoning district. Vegetative buffer zones in a LI zoning district shall be in accordance with the following and as depicted in Figure 3-6"Vegetative Buffer Zone Layout": 46 1) LI zone 1 shall include an area adjacent to the property line,beginning at the property line and extending into the private property for a distance of 25 feet. The owner shall plant and maintain at least the following in LI zone 1: i. A staggered double row consisting of small evergreen trees on the front row, and large trees on the back row. ii. The front row of trees shall be planted 20 feet on center. iii. A minimum of 50% of the back row shall consist of large evergreen trees. iv. The back row shall be planted 25 feet on center. V. A minimum of 8 shrubs, not less than two feet in height, for every 20 feet forming an intermediate hedge,shall be planted in the front row along the right-of-way. vi. Groundcover extending for 25 feet measured from the outside boundary of the LI zone 1, which groundcover shall be maintained in accordance with article II of chapter 42. 2) LI zone 2 shall include an area adjacent to LI zone 1, beginning at the interior boundary of LI zone 1 and extending into the property for a minimum distance of 25 feet. In LI zone 2, the owner shall plant and maintain at least the following: i. A row of large trees planted 15 feet from the inner boundary of LI zone 2. ii. The trees shall be planted 25 feet on center. iii. Such trees shall be offset 12.5 feet from the trees in the back row of LI zone 1. Figure 3-6.Vegetative Buffer Zone Layout VEGETATIVE LI ZONING DISTRICT BUFFER ZONE is, ZONE 2 25' 25' �! LARGE TREES OFFSET• 20� ZONE 1 25' 25, WITLARGE TREES/ SMALL TREES/ SNUBS a low- SZ s L"pr�►wit�rr-`Js'i�aEo _ MWEPML uW R.O.W. CUTER BOUNDARY VEGETATIVE BUFFER IDNE STREET 47 £ HI zoning district. Vegetative buffer zones in an HI zoning district shall be in accordance with the following and as depicted in Figure 36"Vegetative Buffer Zone Layout": 3) HI zone 1 shall include an area adjacent to the property line,beginning at the property line and extending into the private property for a distance of 25 feet. The owner shall plant and maintain groundcover extending throughout the entire HI zone 1,which shall be maintained in accordance with article II of chapter 42. 4) HI zone 2 shall include an area adjacent to HI zone 1, beginning at the interior boundary of HI zone 1 and extending into the property for a minimum distance of 25 feet.The owner shall plant and maintain at least the following in HI zone 2: i. Mixture of small trees and shade trees,which shall be planted every 30 linear feet, 15 feet from the inside boundary of HI zone 1; provided, however, that no more than 50 percent of trees may be small trees;and ii. Eight shrubs for every 30 linear feet evenly spaced. HI zone 2 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetation to grow. 5) HI zone 3 shall include an area adjacent to HI zone 2, beginning at the interior boundary of HI zone 2 and extending into the property for a minimum distance of 25 feet. In HI zone 3, the owner shall plant and maintain the following: i. At least one shade tree every 30 linear feet with centers ten feet from the inner boundary of HI zone 2. Such trees shall be offset ten feet from the trees in HI zone 2; and ii. At least one shade tree every 30 linear feet with centers 20 feet from the inner boundary of HI zone 3. Such trees shall be offset ten feet from the trees required in zone 2. HI zone 3 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetation to grow naturally. VEGETATIV BUFFER HI ZONING DISTRICT ZONE 20' LARSe TREES EVER 30' G LINER FEET. �i FFEET 10 FEET 5U' FROM nEes EN 20' me E 30' Ah 3O� —sEY — 20' g 30' ZONE 2 25' S>if�Oj — — — -L — — �— WEE TREES SS1 15 S EVERGREEN TREEREE S i SNAUOS 25' G SS TNRT'S NRINTAINEO 25' HPOR 11tlE _ R• DOTER ROVIR4RV VEGETATIVE ROFFER EONS 48 0) Transition buffer zone. A transition buffer zone provides protection to adjacent land uses and shall consist of: a. A ten-foot wide vegetative buffer containing a row of moderate to fast-growing evergreen trees with an expected growth to a minimum height of 16 feet and a minimum width of ten feet at its maturity,along the side yard lines,rear yard lines, and frontage along a street. Tree types shall include, but are not limited to, Wax Myrtle,Leyland Cypress,and/or American Holly; b. All trees shall be installed with ten feet of separation on center,at or above-grade of the public right-of-way, and shall be a minimum of five feet in height at time of planting;and C. A wood or masonry fence with a minimum height of six feet shall be installed interior to the transition buffer. (Ord. No. 10,771, § 4, 12-13-07; Ord. No. 11,866, § 7, 2-23-12; Ord. No. 13,191 , § 2, 5-12-16; Ord. No. 13,763, § 2,5-10-18;Ord.No. 14,378 , §§ 3,4,4-9-20) Editor's note(s)—Ord. No. 13,763 , § 2, adopted May 10, 2018, changed the title of § 18-1206.5 from "Vegetative buffer zones"to read as herein set out. (Ord.No. 11,866, § 2(Exh.A),2-23-12;Ord.No. 12,207, § 15,3-14-13; Ord.No. 13,062, § 6, 12-10-15) Section 20: That Appendix A "Unified Land Development Code," is amended to Renumber Article IV "Definitions" as Article VI and add the definitions of"Amending Plat," "Caliper," "Developed land," "Subdivision plat," "Drive-Through Restaurant," "Evergreen tree," "Existing tree," "Filed," "Groundcover," "Horizontal Mixed-Use Development," "Impervious surface," "Interstate, expressway, or freeway," "Landscape reserve," "Large tree," "Local street," "Lot consolidation," "Lot line adjustement," "Minor arterial,""Minor plat,""Minor replat,""Mixed-Use Building,""Monument Sign,""Mulch,""Multi- Family," "Outdoor living area," "Parking space," "Plat," Plot plan," "Primary building(s)," "Primary Entrance(s)," "Principal or major arterial," "Project Area," "Resubdivision," "Resubmitted," "Secondary Building(s)," "Secondary Entrance(s)," "Shade tree," "Shrub," Single-family dwelling," "Small box discount retail," "Small subdivision," "Small tree," "Streetscape," Subdivision," "Tree," and"Usable Open Space" as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE VI.DEFINITIONS Amending plat means an amendment to a plat, previously approved by the commission and duly recorded, which is submitted to the commission for approval and recording, which is signed by the applicants and is solely intended to correct errors or miscalculations. Caliper means the diameter of a tree at 18 inches above ground level. Developed land means that portion of real property which has been altered from its natural landscape by the construction or reconstruction of any structure,parking lot,or other improvement. 49 Drive-through restaurant means an establishment in which food or drink is served to customers within automobiles outside of the confines of the building and/or where the consumption of such food or drink is intended to occur off the premises. Evergreen tree means a tree that retains some or all of its leaves throughout the year,which can be used for the purposes of providing a visual screen. Existing tree means a tree which is located on the property prior to a new construction permit being issued by the city. Filed means placed on the planning and zoning commission's posted agenda or forwarded to the director for final approval,which may occur only after the city has completed its administrative review of the submitted plat. Groundcover means a spreading plant including sods and grasses less than 18 inches in height that may be used for erosion control. Horizontal mixed-use development means a development consisting of two or more attached or detached buildings of differing use categories(e.g.,residential and nonresidential)within the same project area. Impervious surface area means any surface area that prevents infiltration of water into the soil. Impervious surface may include,but not be limited to,those surfaces covered by asphalt,concrete,crushed stone,clay, bedrock,limestone and compacted soil. Interstate, expressway, or freeway means a multilane divided street network,including the frontage streets that provide ingress and egress to controlled access lanes, as indicated on the major thoroughfare plan. Landscape reserve means undeveloped property which is left in its natural state and is of sufficient size for the growth of plants and trees. Large tree means a tree,under normal growth conditions,that reaches a mature height at or above 40 feet. A tree that,at the time of planting,is at least 12 feet tall above grade and has a minimum caliper of three inches. Local street means all other streets not otherwise indicated on the major thoroughfare plan, such plan being on file with the director of planning and community development. Lot consolidation means the incorporation of a number of lots into fewer lots,each of a larger size than the original lots. 50 Lot line adjustment means a minor change in lot line location. Minor arterial means a street so indicated on the major thoroughfare plan, such plan being on file with the director of planning and community development. Minor plat means a plat of a tract of land,which includes four,or fewer lots,which also meets the conditions defined in Article IV of the ULDC. Minor replat means as a replat of a tract of land, which involves four, or fewer lots, which also meets the conditions defined in Article IV of the ULDC. Mixed-use building means a building that contains at least one floor,or a portion thereof,devoted to permitted nonresidential uses,and at least one floor devoted to permitted residential uses. Monument sign means any permanent low-profile sign built on a monument base as opposed to a pole base,solid from the ground up,and which has no clear space for the full width of the sign between the bottom of the sign and the ground. Poles or supports must be concealed. Mulch means various substances that are placed around plants to prevent evaporation, to control weeds and to control soil erosion. Mulch material includes, but is not limited to, organic substances and various forms and sizes of natural rocks. Multi family means the use of a lot or any residential dwelling consisting of five or more units to include, but not be limited to, common accessory structures such as garages, laundry buildings, and guest parking. Outdoor living area means a common outdoor area designed to provide a more pleasant and healthful environment for the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It includes natural ground areas, patios, terraces or similar areas developed for active or passive recreational activities. All areas designated for retention or detention facilities shall not be considered as qualifying under this definition Parking space means a space used for parking a motor vehicle and satisfying all of the applicable requirements for off-street parking Plat means a map or chart of the subdivision. It shall include a plan,plat or replat,in both singular and plural. Plot plan means a site plan of the project area, which identifies residential boundaries where residential uses are proposed in this overlay district. Primary building(s) means a structure that is developed along the street frontage that is subject to the front yard setback standards. Primary entrance(s)means an ingress and egress point of a building or suite,which is designed for pedestrians,that is oriented towards the street frontage and usable open space. 51 Principal or major arterial means a street so indicated on the major thoroughfare plan, such plan being on file with the director of planning and community development. Project area means a single parcel or multiple parcels,planned and constructed as one,coordinated and unified project. Resubdivision means the division or alteration of a tract or parcel of an existing subdivision,except lot consolidation and lot line adjustment. Resubmitted means placed on the planning and zoning commission's posted agenda or forwarded to the director for final approval, which may occur only after the city has determined that a response that satisfies each condition for the conditional approval or remedies each reason for disapproval is provided. Secondary building(s)means a structure that is developed in the project area but does not have direct street frontage to the adjacent street due to a primary building that has been constructed along the street frontage. Secondary entrance(s) means ingress and egress point(s) of a building or suite, which is designed for pedestrians,that is not the primary entrance(s). Shade tree means any self-supporting woody plant with one well-defined trunk and a distinct definite formed crown. Shrub means a woody perennial plant differing from a perennial herb by its more woody stem and from a tree by its low stature and habit of branching from the base. Single-family dwelling use means the use of a lot for one dwelling unit. Small box discount retail means a single retail establishment consisting of 12,000 square feet or less of gross floor area, offering for sale an assortment of discounted general merchandise directly to the consumer. Such merchandise may include, but not be limited to, food and beverage for off-premises consumption,processed foods,household products,personal grooming and health products, clothing, and other consumer goods.This term does not include a retail establishment providing a prescription pharmacy, gasoline or diesel fuel,specialty gifts or food and beverage items intended for on-premises consumption. Small subdivision means a subdivision of 12 or fewer lots Small tree means a type of tree that,under normal growth conditions,that reaches a mature height between 20 and 40 feet. A tree that, at the time of planting, is at least six feet tall above grade and has a minimum caliper of two inches. Streetscape means the landscaping along the property adjacent to the street rights-of-way as required to be landscaped pursuant to this article. Subdivision means a division of a tract or parcel of land within the limits or in the extraterritorial jurisdiction of the city into two or more parts to lay out a subdivision of the tract, including an addition to the city,to lay out suburban,building,or other lots,or to lay out streets,alleys,squares,parks or other parts 52 of the tract intended to be dedicated to public use or for the use of purchasers or owner of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts. A subdivision in this chapter includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed,by using a contract of sale or other executory contract to convey or by using any other method.The term"subdivision" includes a re-subdivision(replat)but does not include the following: (1) A division of land into parts greater than five acres,where each part has access and no public improvement is being dedicated as described hereinabove; (2) A division of land owned by the city; (3) A division of land created solely by the city's acquisition of a portion thereof,or (4) A division of land created by order of a court of competent jurisdiction. Subdivision plat means a plat of a tract of land that does not qualify for a small subdivision,minor plat, or minor replat, and requires extension of municipal facilities to serve the tract, and its proposed development. Tree means any self-supporting woody plant with one well-defined trunk two inches in diameter or greater. Usable open space means accessible hardscape or landscape areas, including, but not limited to, plazas, courtyards,pocket parks,and other publicly accessible amenities. Section 21: That Appendix A "Unified Land Development Code," is amended to add Article IV "Subdivisions" and add Division 1 "General," Division 2 "Administration," Division 3 "Lot Consolidation," "Division 3.25 Small Subdivision," Division 3.50 "Minor Plats," Division 3.60 Minor Replats," Division 3.70 "Amending Plats," Division 4 "Subdivision Plat," Division 5 "Subdivision Variance," Division 6 "Special Developments and Subdivisions," and Division 7 "Engineering and Construction Standards"as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE IV SUBDIVISIONS' DIVISION I.GENERAL State law reference(s)—Extratemtorial jurisdiction,V.T.C.A.,Local Government Code§42.021 et seq. (Code 1967, §27-3;Ord.No. 3655,§ 3,7-28-83;Ord.No.3875, § 1,6-14-84;Ord.No.4483, § 1,6-26-86; ' Cross reference(s)—Any ordinance dedicating or accepting any plat or subdivision saved from repeal, § 1-9(a)(12); buildings and building regulations,ch. 18;environment,ch.34;manufactured homes, mobile homes and parks,ch. 58;signs,ch. 118;streets and sidewalks,ch. 122;zoning,ch. 130. State law reference(s)—Regulation of subdivisions, V.T.C.A., Local Government Code § 212.001 et seq. 53 Ord.No. 8815,§ 1, 1-27-00;Ord.No.9621, § 12,9-11-03;Ord.No. 11,822, § 1, 1-12-12;Ord.No. 14,175, § 1,9-26-19;Ord.No. 14,378 , § 5,4-9-20) Cross reference(s)--Definitions generally, § 1-2. Sec. 126-2.Plat required. (a) Except as provided in subsection(f)hereof,a plat is required for a subdivision as defined in section 126-1. (b) To be recorded,the plat must: (1) Describe the subdivision by metes and bounds; (2) Locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and (3) State the dimensions of the subdivision and of each street,alley,square,park or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street,alley,square,park or other part. (c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. (d) The plat must be recorded with the county clerk of the county in which the tract is located. (e) The plat is subject to the filing and recording provisions of V.T.C.A.,Property Code § 12.002. (f) A plat is not required for a subdivision that is a division of land into four or fewer parts if: (1) Such division does not include streets, alleys, squares, parks or other parts intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets,alleys, squares or other parts; (2) If each of the lots is to be sold,given,or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity,as determined under V.T.C.A., Government Code ch.573;and (3) No development or construction is to occur on the property at the time of division of land. (g) A plat is required before any lot of a subdivision described by this subsection: (1) Is sold,given,or otherwise transferred to an individual who is not related to the owner within the third degree by consanguinity or affinity as determined under V.T.C.A., Government Code ch. 573;or (2) Is developed in any manner and used for any purpose other than agricultural, wildlife management or timber use within the meaning of Section 1-d-1, Article VIII, Texas Constitution; or (3) Is developed in any manner which directly or indirectly impacts the city's infrastructure,water, wastewater or drainage system. (Ord.No. 11,981,§ 1,7-26-12;Ord.No. 14,175 , § 2,9-26-19) State law reference(s)—Similar provisions,V.T.C.A.,Local Government Code§212.004. 54 Sec. 126-3 Scope of article. This article shall govern every person owning any tract of land within the city limits or extraterritorial jurisdiction who may divide the tract of land into two or more parts for the purpose of laying out any tract of land or any addition to the city or for laying out suburban lots or building lots or any lots,streets,parks or other portions intended for the public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto and has not yet presented such subdivision plans to the commission. This section is adopted to control the subdivision of land within the corporate limits or the extraterritorial jurisdiction in order to provide the orderly development of the areas and to secure adequate provision for light, air, recreation,transportation,water, drainage,sewage and other facilities. (Code 1967, §27-2;Ord.No.3655, §3,7-28-83) Sec. 126-4 Policy of commission. It is an expressed policy of the commission to review the possible influences of items,not specifically detailed in appropriate ordinances, for each development proposed within the city and its extraterritorial jurisdiction.The items as discussed deal primarily with but are not limited to the following: (1) Entrances. Access and egress points for each development, whether single-family, multiple- family or commercial. In addition to actual numbers of points, the commission shall review setbacks at intersections for visual obstructions, whether parking is allowed along or within these driveways or roads; design of parking; and associated items that might have a negative effect on moving traffic into or out of a development; (2) Traffic circulation and flow. The commission,in addition to the items listed in subsection(1)of this section,will review traffic circulation and flow within and outside a proposed development for the purpose of identifying possible increases in traffic volumes and congestion and offering alternative solutions; (3) Safety. The underlying desire of the commission is to ensure that proposed projects are developed in a manner to minimize any detrimental effects to a neighborhood where safety is concerned.This safety concern can consist of vehicular,pedestrian,pedicycle conflicts;fire or explosion hazards; and natural disasters.The consideration of these items does not restrict the commission to the hazards themselves, but also to items associated with each subject as prevention,control and evacuation that may result from any of these items. (Code 1967, §27-1;Ord.No.3655, § 3, 7-28-83) Sec. 126-5 Enforcement;penalties. (a) No map or plat of any subdivision or resubdivision within the city or its extraterritorial jurisdiction shall be recorded unless and until the map or plat has been authorized by the commission. (b) It shall be unlawful for any owner or agent of any owner of land to lay out, subdivide,plat or replat any land into lots, blocks and streets within the city or its extraterritorial jurisdiction without the approval of the commission. (c) It shall be unlawful for any owner or agent of any owner of land to offer for sale or sell property within the city or its extraterritorial jurisdiction which has not been laid out, subdivided,platted or replatted as required by this chapter. (d) The city shall withhold all utilities and maintenance of required improvements for all developments located inside the city limits and not approved by the commission. Additionally, other utility 55 companies (gas, power, telephone, water, sewer and cable) shall withhold all connections for developments within the city's extraterritorial jurisdiction until they are provided with a certification authorizing connections by the city planning and community development department, as required in V.T.C.A.,Local Government Code§ 212.012. (e) No street number and no building permit shall be issued for the erection of any building in the city on any piece of property other than an original or a resubdivided lot in a duly approved and recorded subdivision without the written approval of the commission. (f) If any section of this chapter is violated within the city or its extraterritorial jurisdiction,the city may institute any appropriate action or proceedings in the district court to enjoin the violation of this chapter. (g) It shall be unlawful for any person to construct any improvement, other than public improvements such as streets,utilities and drainage structures, in any development that has not had its final plat approved by the commission and recorded with the county clerk.It is an exception to the application of this subsection if: (1) Within a phased development containing public improvements that have not yet been finally accepted, a developer constructs no more than four model homes,provided that: a. All off-site drainage or regional improvements have been installed,inspected and accepted by the city; b. Each model home is inspected and found to meet all building, plumbing and fire code requirements prior to being opened to observation by the public;and C. The home will not be sold or occupied as a dwelling unit until all public improvements within that phase have been completed and accepted by the city;or (2) No extension of a street, public utility, or other public improvement, excluding a sidewalk, is required to support the proposed development of. a. Property subdivided prior to July 13, 1978; b. An accessory building is built on the same lot as a single-family dwelling; provided no additional drainage improvement is required by this Code to support such accessory building;or C. An addition or alteration to a single-family dwelling existing on January 22, 2012; provided no additional drainage improvement is required by this Code to support such addition or alteration. (h) Any person who shall violate this chapter shall upon conviction be punished as provided in section 1-14. (Code 1967, §274;Ord.No.3655, § 3,7-28-83;Ord.No.5004, § 1,5-12-88;Ord.No. 11,822,§2, 1-12- 12;Ord.No. 14,175 , § 3,9-26-19) Sec. 126-6. Subdivision Variance. Subdivision Variances, unless otherwise stated, shall be conducted in accordance with the requirements of Article 1, Division 3, Section 1.29.5. (Code 1967, §27-6;Ord.No. 3655, § 3,7-28-83;Ord.No. 14,175 , §4, 9-26-19) 56 Sec. 126-7 Utilization. No building permit shall be issued until the city engineer has stated in writing his acceptance of the subdivision improvements, as provided in section 126-455, and the plat of the subdivision has been recorded. (Code 1967, § 27-63;Ord.No. 3655, § 3, 7-28-83;Ord.No. 14,175 , § 5,9-26-19) 2Cross reference(s)—Administration,ch. 2. DIVISION 2.ADMINISTRATION. Sec. 126-36 Filing fee for plats. (a) Fee to accompany application. Every application to the commission for the approval of any proposed development shall be submitted to the planning and development services department and shall be accompanied by a filing fee in accordance with the schedule contained in section 2-595 of the code, and the commission shall not act upon any plat unless all fees as provided in that section have been received. (b) Expiration. These fees shall expire after a maximum time period between the preliminary and final approval of 180 days or as provided elsewhere in this chapter. (c) vacation of subdivisions. For vacation of a subdivision, the filing fee shall be in accordance with the schedule contained in section 2-595 of the Code and in accordance with V.T.C.A., Local Government Code§§ 212.013-212.016. (Code 1967, §27-22;Ord.No.3655, § 3,7-28-83;Ord.No.4376, § 1,2-13-86;Ord.No. 12,986, §7, 10-8- 15) Note(s)—It should be noted that § 7 of Ord.No. 12,986,adopted Oct. 8,2015,has an effective date of Jan. 1, 2016. Sec. 126-37 Procedures for submissions and resubmission. (a) Initial submissions. All plats shall be submitted to the planning and development services department on the 28th day prior to the date of a regularly scheduled planning and zoning commission meeting.The commission and the director shall consider timely submitted plats only after the same are filed. (b) Resubmission. If a filed plat has not been unconditionally approved,it shall be resubmitted only on the 14th day prior to a regularly scheduled planning and zoning commission meeting. The commission and the director shall consider only timely resubmitted plats. (c) Withdrawals. A plat may be withdrawn at any time by applicant at its own request; and, upon its resubmission,shall be considered an initial submission subject to subsection(a)of this section. (d) Rejection. Plat submissions or resubmissions failing to meet the time requirements of this section shall be automatically rejected and will not be received. 57 (Ord.No. 14,175 , § 6, 9-26-19) Secs. 126-38-126-65.Reserved. DIVISION 3.LOT CONSOLIDATION AND LOT LINE ADJUSTMENT Sec. 126-66. Scope of division. Lot consolidation or adjustment may be accomplished without replatting,provided the appropriate regulations are followed. The director of planning and community development is authorized to approve, without concurrence of the commission,when all the requirements of this division are met. (Code 1967, §27-23(a);Ord.No.3655, §3,7-28-83) Sec. 126-67.Lot consolidation requirements. (a) Under this division,no more than three lots shall be affected by the proposed lot consolidation. (b) No such adjustment shall alter any public right-of-way or public easement. (Code 1967, §27-23(b);Ord.No. 3655, § 3,7-28-83) Sec. 126-68.Lot line adjustment requirements. (a) Under this division, lot line adjustments may be made, provided there is concurrence by the two owners of property involved in the lot line adjustment. (b) The proposed adjusted lot line shall be a single, straight line or shall be parallel to the existing lot line. (c) The lot line adjustment shall not be more than a minimum of ten feet average relocation from the existing lot line. (d) The lot line adjustment shall not be inconsistent with any provision of recorded subdivision restrictions or covenants. (e) No more than two lots shall be affected. (Code 1967, §27-23(c);Ord.No.3655, § 3,7-28-83) Sec. 126-69.Procedure for commission approval. (a) Under this division, the following shall be submitted to the director of planning and community development seven days prior to the commission meeting at which action is sought: (1) A completed application form for the lot line adjustment or a lot consolidation,accompanied by a filing fee as prescribed in section 2-595 of the Code; (2) Copies of deeds and restrictive covenants to all lots involved;and 58 (3) A scale drawing on legal size paper showing all lots involved,as platted,and as desired. (b) Action of the commission shall be final,and no proposal regarding the same lots shall be considered for a period of six months. (c) Approval by the Planning&Development Director requires the submittal of items in subsection(a) of this section at any time. (Code 1967, § 27-23(d), (e); Ord. No. 3655, § 3, 7-28-83; Ord. No. 8399, § 1, 9-10-98; Ord. No. 8649, § 1,8-12-99; Ord.No. 12,986, § 8, 10-8-15) Note(s)—It should be noted that § 8 of Ord.No. 12,986 , adopted Oct. 8, 2015,has an effective date of Jan. 1, 2016. Secs. 126-70-126-95.Reserved. DIVISION 3.25.SMALL SUBDIVISIONS Sec. 126-96.Scope of division. Small subdivision means a subdivision of 12 or fewer lots. (Code 1967, §27-64(a);Ord.No. 3655, § 3,7-28-83;Ord.No.7693, § 3, 5-9-96) Cross reference(s)--Definitions generally, § 1-2. Sec. 126-97.Platting procedure. (a) Submission. Application for preliminary approval of a small subdivision shall be made by the owner or his authorized agent and shall be made on a form prescribed by the city planning staff. The application shall be accompanied by a filing fee and accompanied by digital submission of the preliminary development plan of the entire development drawn to scale and showing streets or drives, utility easements, lots and major landscaping features. A boundary survey or a certified boundary description by a registered public surveyor shall also be submitted. (b) Filing fee. Every application for a small subdivision shall be accompanied by a filing fee as prescribed in section 2-595 of the Code. (c) Commission approval.The commission shall examine such application and shall determine whether it conforms to all applicable criteria and standards. (Code 1967, §27-64(b);Ord.No.3655, §3,7-28-83;Ord.No.7693, § 3,5-9-96;Ord.No. 12,986, §9, 10- 8-15) Note(s)—It should be noted that § 9 of Ord. No. 12,986 , adopted Oct. 8, 2015, has an effective date of Jan. 1, 2016. 59 Sec. 126-98.General standards. The developer of a small subdivision must comply in all respects with the engineering and construction standards for subdivisions established by this chapter,except as provided by section 126- 99. (Code 1967, §27-64(c);Ord.No.3655, §3,7-28-83;Ord.No.7693, § 3,5-9-96) Sec. 126-99.Variances. As a part of the commission's examination and approval of a small subdivision, the commission may grant a variance from this division when in its opinion undue hardship will result from requiring strict compliance.The variance may be granted only for curbs,gutter, drainage storm sewers,sidewalks and street widths(but not less than 26 feet of concrete).No variance may be granted on sidewalks if they will connect to existing sidewalks. (Code 1967, §27-64(d);Ord.No. 3655, § 3,7-28-83;Ord.No.7693, § 3,5-9-96) Secs. 126-100-126-104.Reserved. DIVISION 3.5.MINOR PLATS Sec. 126-105. Scope of division. The following words,terms,and phrases,when used in this division,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Minor plat shall be defined as a plat of a tract of land,which includes four,or fewer lots,which also meets the following conditions: (1) Each lot of the subdivision shall have frontage on an existing public street,and shall not require the creation of any new street,or the extension of any existing street; (2) The subdivision shall be served by existing municipal utilities of adequate capacity, and shall not require the extension of any municipal utilities, except for the installation of service lines to the individual lot(s)from existing mains of adequate capacity; and (3) No variance from the standards of this Code is required. (Ord.No.8815, §2, 1-27-00) Sec. 126-106.Platting procedures. (a) Submission of preliminary plat. Application for the approval of a minor plat shall be made by the owner or his authorized agent and shall be made on a form prescribed by the director of planning and community development.The applicant shall submit the completed application form and five copies of the preliminary plat to the director. 60 (b) Application fee.An application fee in the amount prescribed in section 2-595 shall accompany every application for a minor plat. (c) Administrative review. The director of planning and community development shall review the proposed minor plat to ensure compliance with all appropriate requirements of this Code. The director of planning and community development may submit the minor plat to other departments for review and comment, as the director deems necessary. Within ten business days after the date of the application, the minor plat shall be returned to the applicant along with written analysis detailing the items which must be addressed in order to comply with the Code. (d) Submission and approval of final plat. Within ten business days of receipt of the written analysis, the applicant shall submit to the Planning&Development Director its final plat which shall include the following items: (1) A reproducible mylar of the final plat, and the copies of the original submittal with staff analysis and commentary; (2) Five true to scale 18 inch by 24 inch copies of the final plat; (3) Tax certificates stating that no taxes are delinquent against the property;and (4) The appropriate fees for filing the plat with the county clerk. If the items listed in this subsection are timely submitted and if all of the issues and corrections have been addressed as required by the Code as determined by the director of planning and community development, the director may approve the minor plat. (e) Expiration of preliminary plat. If the items listed in subsection(d)of this section are not submitted within ten business days of the applicant's receipt of the written analysis or if the issues and corrections have not been addressed as required by the Code as determined by the director of planning and community development within such period of time, the minor plat application along with the preliminary pat shall automatically expire and the applicant will be required to submit a new application for the proposed subdivision. (Ord.No. 8815,§2, 1-27-00;Ord.No. 12,986, § 10, 10-8-15) Note(s)—It should be noted that§ 10 of Ord.No. 12,986,adopted Oct.8,2015,has an effective date of Jan. 1, 2016. Sec. 126-107.Review by the commission. (a) The director of planning and community development may,for any reason,elect to forward the minor plat to the commission for review and approval. (b) The director of planning and community development must refer any minor plat,which he refuses to approve to the commission for its consideration. (Ord.No. 8815,§2, 1-27-00) 61 Sec. 126-108.Limitation. Land subdivided through the minor plat process shall not be resubdivided or replatted by amendment or otherwise for a period of one year from the approval of the original minor plat,unless it is approved by the commission. (Ord.No. 8815, §2, 1-27-00) DIVISION 3.6.MINOR REPLATS Sec. 126-109. Scope of division. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Minor replat shall be defined as a replat of a tract of land,which involves four,or fewer lots,which also meets the following conditions: (1) Each lot of the subdivision shall have frontage on an existing public street,and shall not require the creation of any new street,or the extension of any existing street; (2) The subdivision shall be served by existing municipal utilities of adequate capacity, and shall not require the extension of any municipal utilities, except for the installation of service lines to the individual lot(s)from existing mains of adequate capacity;and (3) No variance from the standards of this Code is required. (Ord.No. 11,363, § 1,5-27-10) Sec. 126-110.Platting procedures. (a) Submission of preliminary plat. Application for the approval of a minor replat shall be made by the owner or his authorized agent and shall be made on a form prescribed by the director of planning and community development.The applicant shall submit the completed application form and five copies of the preliminary plat to the director. (b) Application fee. An application fee in the amount prescribed in section 2-595 shall accompany every application for a minor replat. (c) Administrative review. The director of planning and community development shall review the proposed minor replat to ensure compliance with all appropriate requirements of this Code. The director of planning and community development may submit the minor replat to other departments for review and comment,as the director deems necessary.Within ten business days after the date of the application, the minor replat shall be returned to the applicant along with written analysis detailing the items which must be addressed in order to comply with the Code. (d) Submission and approval of final plat. Within ten business days of receipt of the written analysis, the applicant shall submit to the director of planning and community development its final plat which shall include the following items: (1) A reproducible mylar of the final plat, and the copies of the original submittal with staff analysis and commentary; (2) Five true to scale 18-inch by 24-inch copies of the final plat; 62 (3) Tax certificates stating that no taxes are delinquent against the property;and (4) The appropriate fees for filing the replat with the county clerk. If the items listed in this subsection are timely submitted and if all of the issues and corrections have been addressed as required by the Code as determined by the director of planning and community development, the director may approve the minor replat. (e) Expiration of preliminary plat. If the items listed in subsection(d)of this section are not submitted within ten business days of the applicant's receipt of the written analysis or if the issues and corrections have not been addressed as required by the Code as determined by the director of planning and community development within such period of time, the minor replat application along with the preliminary replat shall automatically expire and the applicant will be required to submit a new application for the proposed subdivision. (Ord.No. 11,363, § 1, 5-27-10;Ord.No. 12,986, § 11, 10-8-15) Note(s)--It should be noted that§ 11 of Ord.No. 12,986,adopted Oct.8,2015,has an effective date of Jan. 1, 2016. Sec. 126-111.Review by the commission. (a) The director of planning and community development may, for any reason, elect to forward the minor replat to the commission for review and approval. (b) The director of planning and community development must refer any minor replat,which he refuses to approve to the commission for its consideration. (Ord.No. 11,363, § 1, 5-27-10) Sec. 126-112.Limitation. Land subdivided through the minor replat process shall not be resubdivided or replatted by amendment or otherwise for a period of one year from the approval of the original minor replat,unless it is approved by the commission. (Ord.No. 11,363, § 1,5-27-10) Secs. 126-113, 126-114.Reserved. DIVISION 3.7.AMENDING PLATS Sec. 126-115.Scope of division. Amending plat means an amendment to a plat, previously approved by the commission and duly recorded, which is submitted to the commission for approval and recording, which is signed by the applicants and is solely for one or more of the purposes enumerated in section 126-116.An amending plat is not to be considered as a replat or resubdivision and may not contain any changes or additions to the physical characteristics of the original subdivision,but is intended only to correct errors or miscalculations. 63 (Ord.No. 8815, § 2, 1-27-00;Ord.No. 14,175 , §7,9-26-19) Sec. 126-116.Purpose of amending plat. An amending plat may be submitted solely for one or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To correct an error in a real property description shown on the preceding plat; (4) To indicate monuments set after the death,disability,or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two adjacent lots if: a. Both lot owners join in the application for amending the plat; b. Neither lot is abolished; C. The amendment does not attempt to remove recorded covenants or restrictions;and d. The amendment does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; (9) To relocate one or more lot lines between one or more adjacent lots if: a. The owners of all those lots join in the application for amending the plat; b. The amendment does not attempt to remove recorded covenants or restrictions;and C. The amendment does not increase the number of lots; (10) To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: a. The changes do not affect applicable zoning and other regulations of the municipality; b. The changes do not attempt to amend or remove any covenants or restrictions; and C. The area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved,after a public hearing,as a residential improvement area;or (11) To replat one or more lots fronting on an existing street if a. The owners of all those lots join in the application for amending the plat; b. The amendment does not attempt to remove recorded covenants or restrictions; C. The amendment does not increase the number of lots; and 64 d. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (Ord.No. 8815, § 2, 1-27-00;Ord.No. 14,175 , § 8,9-26-19) Sec. 126-117.Platting procedures. (a) Submission of preliminary plat. Application for the preliminary approval of an amending plat shall be made by the applicants or their authorized agent and shall be made on a form prescribed by the director of planning and community development. The application shall be accompanied by five copies of the preliminary development plan of the entire development drawn to scale and showing streets or drives,utility easements,and lots.A boundary survey or a certified boundary description by a registered public surveyor shall also be submitted. (b) Application fee.An application fee in the amount prescribed in section 2-595 shall accompany every application for an amending plat. (c) Administrative review. The director of planning and community development shall review the proposed amending plat to ensure compliance with all appropriate requirements of the Code.The director of planning and community development may submit the amending plat to other departments for review and comment, as the director deems necessary. Within ten business days after the date of the application, the amending plat shall be returned to the applicant along with written analysis detailing the items which must be addressed in order to comply with the Code. (d) Submission and approval of final plat. Within ten business days of receipt of the written analysis, the applicant shall submit to the director of planning and community development its final plat which shall include the following items: (1) A reproducible mylar of the final plat, and the copies of the original submittal with staff analysis and commentary; (2) Five true to scale 18-inch by 24-inch copies of the final plat; (3) Tax certificates stating that no taxes are delinquent against the property;and (4) The appropriate fees for filing the plat with the county clerk. If the items listed in this subsection are timely submitted, if all of the issues and corrections have been addressed as required by the Code as determined by the director of planning and community development, and if the amending plat is signed by the applicant only,the director may approve the amending plat. (e) Expiration of preliminary plat. If the items listed in subsection(d)of this section are not submitted within ten business days of the applicant's receipt of the written analysis or if the issues and corrections have not been addressed as required by the Code as determined by the director of planning and community development within such period of time, the amending plat application along with the amending plat shall automatically expire and the applicant will be required to submit a new application for the amending plat. (Ord.No. 8815, §2, 1-27-00;Ord.No. 12,986, § 12, 10-8-15) Note(s)—It should be noted that§ 12 of Ord.No. 12,986,adopted Oct.8,2015,has an effective date of Jan. 1, 2016. 65 Sec. 126-118.Review by the commission. (a) The director of planning and community development may, for any reason, elect to forward the amending plat to the commission for review and approval. (b) The director of planning and community development must refer any amending plat, which he refuses to approve to the commission for its consideration. (Ord.No. 8815, §2, 1-27-00) Secs. 126-119-126-124.Reserved. DIVISION 4. SUBDIVISON PLAT Subdivision I.In General Sec. 126-125. Scope of division. Subdivision plat is a plat of a tract of land that does not qualify for a small subdivision,minor plat,or minor replat,and requires extension of municipal facilities to serve the tract,and its proposed development. Sec. 126-126.Platting procedure. There shall be a three-stage process for subdivision plats required to be submitted to the commission for approval,consisting of a departmental review(stage one)as described in subdivision II of this division, preliminary approval (stage two)as described in subdivision III of this division and final approval (stage three)as described in subdivision IV of this division.The number of copies of the development plan required to be submitted at the appropriate times shall be two hardcopies and one electronic version in a city- approved format for stages two (preliminary approval)and three(final approval). (Code 1967, §27-18;Ord.No.3655, §3,7-28-83;Ord.No. 5263, § 1,4-27-89;Ord.No. 7693, § 1,5-9-96; Ord.No. 14,175 , §9,9-26-19) Secs. 126-127-126-145.Reserved. Subdivision II.Departmental Review Sec. 126-146.Pre-application conference and general plan required. The owner of the proposed subdivision or his authorized agent shall submit to the department of planning and community development a general plan,drawn to a scale of not less than one inch equals 100 feet (preferably the scale of one inch equals 20 feet or one inch equals 60 feet). The developer and the planning staff shall meet together and determine whether the applicable requirements of this Code have been complied with. If there is disagreement on this issue,the applicant,by request,or the staff may take this pre-preliminary information to the commission for its determination. If the staff and applicant reach a satisfactory agreement,the applicant may proceed to prepare data for preliminary approval. (Code 1967, §27-18(a); Ord.No.3655, §3, 7-28-83;Ord.No. 5263, § 1,4-27-89;Ord.No.7693,§ 1,5-9- 96) 66 Sec. 126-147.Preliminary approval application. Application for preliminary approval of the subdivision plat shall be made by the owner or his authorized agent of all affected property and shall be submitted on a form prescribed by the city planning staff and submitted with the planning and community development department. The application shall be accompanied by a fee prescribed in the fee schedule, section 126-36,and shall be accompanied by the following information: (1) Copies of the preliminary development plan of the entire development drawn to scale and showing streets, rights-of-way, utility easements, building lines, relevant operational data, drawings and elevations clearly establishing the scale and open space. Such development plan shall include a location map showing information on the surrounding area within 400 feet of the development. A boundary survey or a certified boundary description by a registered public surveyor, plus contour information, shall also be submitted.The contours shall be indicated on the preliminary plan,and such points shall be given to true elevation above mean sea level as determined by the datum specified by the city engineer.The base data shall be clearly indicated and shall be compatible to city datum,if benchmarks are not adjacent.The following intervals are required: a. One-foot contour intervals for ground slopes up to five percent; b. Two-foot contour intervals for ground slopes between five percent and ten percent; and C. Five-foot contour intervals for ground slopes exceeding ten percent; all elements listed in this subsection shall be characterized as existing or proposed and sufficiently detailed to indicate intent and impact; (2) A tabulation of the land area to be devoted to various uses and a calculation of the average residential density per net acre; A development schedule demonstrating that the developer intends to commence construction within one year after the approval of the final development plan and will proceed diligently to completion; and (3) If it is proposed that the final plan will be executed in stages, a schedule thereof shall be required. (Code 1967, §27-18(b);Ord.No. 3655,§ 3,7-28-83;Ord.No. 5263, § 1,4-27-89;Ord.No. 7693, § 1,5-9- 96;Ord.No. 14,175 , § 10,9-26-19) Sec. 126-148.Submission of required data. The data required under this subdivision shall be submitted to the director of planning and community development not less than 14 days prior to the commission meeting at which preliminary approval is sought. (Code 1967, §27-18(c);Ord.No. 3655, § 3,7-28-83;Ord.No. 5263, § 1,4-27-89;Ord.No. 7693, § 1,5-9- 96;Ord.No.8649, §2, 8-12-99) Secs. 126-149-126-165.Reserved. 67 Subdivision III.Preliminary Approval Sec. 126-166.Procedures. (a) The application for preliminary approval of a subdivision plat shall be considered by the commission in a public meeting.The developer or his engineer shall be present. (b) The commission shall determine whether the proposal conforms to city and other applicable regulations and may approve or disapprove the application and the accompanying preliminary development plan or require such changes therein or impose such conditions of approval as are in its judgment necessary to ensure conformity to such regulations.If positive or negative action is not taken within 30 days after filing,the application and preliminary development plan shall be deemed approved,unless the time has been extended by the developer. (c) Preliminary approval does not constitute acceptance of the plat by the city,but is merely authority to proceed with preparation of the final plat. It shall be unlawful for any work to be done on the ground until the preliminary plat and plan has been approved, except basic site clearing may commence at the developer's risk. (Code 1967, §27-19;Ord.No. 3655, §3,7-28-83) Sec. 126-167.Engineering report. After preliminary approval of the subdivision plat by the commission,the developer shall file three copies of the engineering plans with the city engineer for review and approval.The developer shall forward copies to the appropriate county agency for review of all public improvements.When the development lies outside the city's extraterritorial jurisdiction, the plans shall be forwarded to the appropriate agencies and shall be designed to meet the county agencies' standards. Within the city and the city's extraterritorial jurisdiction,all improvements shall comply with the city's engineering specifications. (Code 1967, §27-20.1;Ord.No. 3655, §3,7-28-83; Ord.No.5004, § 2, 5-12-88) Secs. 126-168-126-185.Reserved. Subdivision IV.Final Approval Sec. 126-186.Commission review;extension of time. (a) Within 1,095 days after preliminary subdivision plat approval and within 30 days of submission of the final plan, the commission shall examine such plat and determine whether it conforms to all applicable criteria and standards and whether it conforms in all substantial respects to the previously approved plat.The developer or his engineer shall be present at the meeting. (b) When the developer believes that an extension of time is needed beyond the time allowed in subsection(a) of this section, the developer may appeal in writing to the director of planning and community development for additional time and must specify the reasons therefor.The director of planning and community development may extend the 1,095 days by up to 90 days,which shall not be more than 1,185 days from preliminary approval action by the commission, if the director of planning and community development finds that the requested extension of time is not caused, 68 directly or indirectly,by any action or omission of the developer,his engineer,or their respective officers,agents or employees or by the diligent pursuit thereof by such persons. (c) When the developer believes that an extension of time is needed beyond the time allowed in subsections (a) and(b) of this section, the developer may appeal in writing to the commission for additional time and must specify the reasons therefor.The commission then may grant an additional extension of time not to exceed: (1) Ninety days from the extension granted pursuant to subsection(b)of this section,or (2) One hundred eighty days if no extension was granted pursuant to subsection(b)of this section, if the commission finds that the requested extension of time is not caused, directly or indirectly, by any action or omission of the developer,his engineer,or their respective officers, agents or employees or by the diligent pursuit thereof by such persons. (d) When the developer believes that an extension of time is needed beyond the time allowed in subsections (a), (b) and(c)of this section,the developer may appeal in writing to the city council for additional time and must specify the reasons therefor. The city council then may grant an additional extension of time not to exceed: (1) One hundred eighty days from the extensions granted pursuant to subsections (b)and (c) of this section, (2) Two hundred seventy days if an extension was granted pursuant to subsection(b)or(c)of this section, but not both,or (3) Three hundred sixty days if no extension was granted pursuant to subsections (b) and (c) of this section, if the city council finds that the requested extension of time is not caused, directly or indirectly, by any action or omission of the developer,his engineer,or their respective officers, agents or employees or by the diligent pursuit thereof by such persons. (Code 1967, § 27-20.2(a); Ord.No. 3655, § 3,7-28-83; Ord.No. 5263, § 2,4-27-89;Ord.No. 7693, § 2, 5-9-96;Ord.No.8973,§ 1,8-24-00) Sec. 126-187.Submission of plat to director. The final plat of the subdivision shall be submitted to the director of planning and community development not less than 14 days prior to the commission meeting at which final approval is sought. (Code 1967, §27-20.2(b);Ord.No.3655, § 3,7-28-83;Ord.No. 5263, §2,4-27-89;Ord.No.7693, § 2, 5- 9-96;Ord.No. 8649, § 3, 8-12-99) Sec. 126-188.Engineering report. Three sets of plans and specifications for water,sewer,paving and drainage prepared by an engineer registered in the state and approved in writing by the city engineer,along with one digital copy of such plans and specifications shall be submitted to the engineering department prior to the beginning of any construction of the subdivision. The digital copy shall be submitted in DXF, DWG, or DGN format containing state plane coordinates south central zone based on NAD 83 and elevations based on Geoid99 NAVD88 referenced to approved city monumentation and utilizing survey grade(RTK)procedures. 69 (Code 1967, § 27-20.2(c);Ord.No. 3655, §3,7-28-83;Ord.No. 5263, § 2,4-27-89;Ord.No.7693, § 2,5- 9-96; Ord.No. 9544, § 1,4-10-03) Sec. 126-189.Contents of final plat;construction approval. (a) The final plat of the subdivision shall show or be accompanied by the following data: (1) Plats shall be drawn upon sheets 24 inches by 36 inches to the scale of 100 feet to the inch, unless another scale is approved by the director of planning and development services; (2) A title,including the name of the subdivision,the owner and the certification of a registered public surveyor responsible for the plat; and the scale and location of the subdivision with reference to original land grants or surveys,the data and north point; (3) A certificate of ownership and dedication of all streets, easements,parks and playgrounds to public use forever, signed and acknowledged before a notary public by the owner and lienholder of the land; (4) An accurate on-the-ground boundary survey of the property with bearings and distances and showing the lines of all adjacent land, streets and easements with their names and width. Streets and lot lines in an adjacent subdivision shall be shown dotted.All necessary data to reproduce the plat on the ground must be shown on the plat,including building lines; (5) A certificate of approval to be signed by the chairman and secretary of the commission shall be placed on the face of the plat; (6) A certificate of approval from the county flood control district shall be placed on the face of the plat when one of its facilities is immediately adjacent or dedication to it is required; (7) Two copies of the proposed deed restrictions;and (8) If any part of the plat lies in a flood hazard area,one-foot contour lines shall be drawn with a very heavy line and designated.The plat shall also show the following statement in print equal in size to the certificates of approval: "Parts of this plat lower than the 100-year flood elevation have a one percent chance each year of being inundated by flooding." (b) All construction shall be inspected while in progress by the city engineering department and must receive final approval upon completion by the city engineer. A letter by such officers stating that the construction conforms to the specifications and standards contained in or referred to in this division must be presented to the planning and development services department prior to filing the final plat unless a security is submitted in accordance with subsection(c)hereof. (c) If the subdivider chooses to file security in lieu of completing construction prior to final plat filing, he may utilize one of the methods of posting security detailed herein based upon the type of development. (1) For all developments except for those listed in subsection(c)(2)and(c)(3)of this section,a subdivider may only file security in lieu of completing construction if all water lines, sanitary sewer lines, and stormwater systems are completed and approved by the city engineer and if at least 50 percent of all required improvements, including streets, sidewalks,and lift stations,if any,have been completed. If these requirements are met,the subdivider may: a. File with the department of planning and development services a bond executed by a surety company licensed to do business in the state and acceptable to the city, on the form 70 provided by the city, in an amount equal to 110 percent of the estimated cost of the improvements required by this chapter and conditioned upon the satisfactory completion of all required improvements, including streets and lift stations,if any,in full compliance with the Code within the time for completion as established by the city engineer. The estimated cost shall be approved by the city engineer,and the performance bond shall be approved as to form and legality by the city attorney; b. Place on deposit in a bank or trust company in the name of the city and approved by the city and file a copy of such with the department of planning and development services in a trust account a sum of money equal to 110 percent of the estimated cost of all improvements required by this chapter, which account shall be conditioned upon the satisfactory completion of all required improvements, including streets and lift stations, if any,in full compliance with the Code within the time for completion as established by the city engineer.The estimated cost shall be approved by the city engineer. Selection of the trustee shall be subject to approval by the city, and the trust agreement shall be executed on the form provided by the city and approved as to form and legality by the city attorney; C. File with the department of planning and development services a letter, on the form provided by the city, signed by a principal officer of a bank or federally insured savings and loan association or other financial institution acceptable to the city,agreeing to pay to the city, on demand, a stipulated sum of money equal to 110 percent of the estimated cost of improvements required by this chapter to apply to the costs of installation of all improvements for which the subdivider or developer is responsible under this chapter. The time for completion shall be established by the city engineer and the guarantee payment sum shall be the estimated costs as approved by the city engineer. The letter shall state the name of the subdivision and shall list the improvements and amounts which the subdivider or developer is required to provide;or File with the department of planning and development services a cashier's or certified check payable to the city in an amount equal to 110 percent of the estimated cost of the improvements required by this chapter. (2) For developments located within an area annexed for limited purposes by the city, a subdivider may file security in lieu of completing construction of water lines, sanitary sewer lines,stormwater systems, and required improvements,including streets,sidewalks, and lift stations,if any,if the development: a. Is located within a light industrial(LI)or heavy industrial(HI)zoning district; or b. Is comprised of only commercial uses, one of which has a building footprint in excess of 100,000 square feet. The security may be in any of the forms referenced in subsection (c)(1)a. through (c)(1)d. of this section. (3) For developments located within the corporate limits of the city, a subdivider may file for final plat prior to completing construction of water lines,sanitary sewer lines,stormwater systems,and required improvements,including streets, sidewalks,and lift stations,if any, if. a. The subdivider has entered into a cost-share agreement with the city regarding the construction of all or a portion of the required improvements; 71 b. The subdivider has rendered its share of the cost of the required improvements to the city in accordance with the cost-share agreement; C. The cost-share agreement provides for the dedication of any easements or rights-of-way not shown on the final plat;and d. Either: 1. The development is comprised of only commercial uses, one of which has a building footprint in excess of 100,000 square feet; or 2. The development is comprised of only commercial uses consisting of at least 30 acres. For purposes of this subsection,"commercial uses"shall include multifamily and industrial uses. The security for the required improvements not subject to the cost-share agreement may be in any of the forms referenced in subsections(c)(1)a.through(c)(1)d. of this section. (d) After final inspection,the city engineer shall notify the subdivider and the director of planning and development services in writing as to his acceptance or rejection of the construction.If accepted,the security is released. He shall reject such construction only if it fails to comply with the standards and specifications contained or referred to in this chapter. If he rejects such construction, the city attorney shall proceed to enforce the guarantees provided in this section. The city engineer may approve partial releases of the security retained by the city upon partial acceptance by the city engineer of required improvements. Where good cause exists, the city engineer may extend the period of time for completion under subsection (b) of this section. Such extension of time shall be reported to the department of planning and development services. No such extension shall be granted unless security as provided in subsection (b) of this section has been provided by the subdivider covering the extended period of time. (Code 1967, § 27-20.2(d);Ord.No. 3655, § 3, 7-28-83; Ord.No. 5263, § 2,4-27-89; Ord.No. 7693, § 2, 5-9-96;Ord.No. 9284, § 1, 12-13-01; Ord.No. 11,979, § 1, 7-26-12; Ord.No. 11,980, § 3,7-26-12; Ord. No. 12,647,§ 1,9-25-14;Ord.No. 14,175 , § 11,9-26-19) Secs. 126-190-126-215.Reserved. DIVISION 5. SUBDIVISION VARIANCES Secs. 126-222-126-250.Reserved. DIVISION 6. SPECIAL DEVELOPMENTS& SUBDIVISIONS SPECIAL DEVELOPMENT IN GENERAL 72 Sec. 126-251.Requirements for developments falling outside existing categories. With the rapid changes that occur in development ideas and layouts, it is impossible to write regulations to cover every conceivable development.The commission,upon recommendation of the director of planning and development and the city engineer, is empowered to determine the specific requirements for each development that does not logically fall in an existing category. The commission may adjust the requirements for lot size, street construction, individual metering and sidewalks in developments that are proposed which do not fit existing categories.In approving developments under this section,the commission should determine that: (1) The proposed use is appropriate and reasonable for the area; (2) Approval will not be detrimental to the public health,safety,and welfare; (3) The effect of the development will not prevent orderly subdivision of other land in the vicinity; and (4) The development will not cause the city to be required to provide city services at a level above that required in other subdivisions. (Code 1967, §27-36;Ord.No.6983, §2,4-14-94) Sec. 126-252.Floodprone areas. (a) Development of floodprone areas is prohibited except as permitted by this chapter and chapter 110 pertaining to flood hazard areas. (b) Subdivision of floodprone areas is prohibited where the cost of providing utilities and governmental services would pose an unreasonable economic burden. (c) The location, elevation and construction of all utilities and facilities, such as sewer, gas, electrical and water systems and streets, shall be in such manner as to minimize or eliminate damage by flooding. (d) Adequate drainage shall be provided to reduce the community's exposure to flood hazards with respect to adjacent,upstream and downstream developments. (e) No platted residential lot shall be approved that does not contain a suitable building site of sufficient elevation to permit construction utilizing the lowest floor elevation, including the basement,above the base flood level elevation. (Code 1967, § 27-61;Ord.No. 3655, § 3,7-28-83) Cross reference(s)--Floods generally,ch. 110. Sec. 126-253.Gate design for emergency access. (a) Approval. The construction plans of the design of any gate constructed in the development of commercial properties, industrial properties or private subdivisions must be submitted to and approved by the chief of the fire department as well as the city engineer. (b) Access. All restricted access entrances in commercial or industrial developments or in private subdivision developments must provide at all times a means for access by city employees discharging their responsibilities,providing any municipal services, or enforcing any of the rules and regulations contained in this code or any code adopted by this code as well as by all personnel 73 of other governmental entities charged with enforcing laws, rules or regulations or providing services within the city into the subdivision in accordance with this section. If the corporation, community association or other legal entity responsible for maintaining the private streets fails to maintain reliable access as required to provide the city services,the city may enter the subdivision and remove any gate or device which constitutes a barrier to access at the sole expense of the corporation,community association or other legal entity responsible for maintaining the same.The corporation, community association or other legal entity responsible for maintaining the streets in need of repair shall be responsible for the costs associated with the removal of any and all gates from a private subdivision together with all maintenance expenses to bring the street in compliance with this division. Such costs must be paid within 30 days after receipt of a bill therefor. (c) Location and specifications.All plans for installation of gates shall be approved by the chief building official and the chief of the fire department prior to any construction.Gates shall be set back at least 45 feet from any public way to allow fire apparatus to park completely off the street while gaining access. The minimum clear opening for any gate shall be equal to the minimum width of the fire lane or fire apparatus access road. The minimum clear opening must remain unobstructed at all times. A minimum centerline turning radius on either side of the gate shall be 35 feet. Gates shall be equipped with an automatic reversing system in the event the gate strikes an object while opening or closing.There shall be neither exposed gears nor overhead electrical wiring in any gate system. Electric gates shall be equipped with a single key,city-approved emergency access system designed to open and lock open both the entry and exit gates.The key switch shall be installed in a location approved by the fire department. In addition,a system key controlled "fail safe" mechanism shall be installed to allow the gate to be manually opened in the event of a power or mechanical failure. All fittings for system padlocks shall have a minimum one-half inch diameter hole. The city- approved control access system shall be operational and pass inspections of both the chief building official as well as the chief of the fire department before the gate may be placed in operation. Secondary emergency access gates shall be equipped with city-approved emergency access system padlocks and shall be unobstructed at all times. These gates shall be equipped with a positive mechanical latch to lock them in the open position. All fire lane widths,turning radiuses,set back and turnaround requirements of this Code will apply to the portion of the private street where the gate is installed. (Ord.No. 10,683, § 1, 8-23-07) Secs. 126-254-126-280.Reserved. RESIDENTIAL SUBDIVISIONS Subdivision I.In General Sec. 126-281.Location of fire hydrants. Fire hydrants shall be spaced no further than 500 feet apart along access ways in residential areas. (Ord.No. 10,683, §2,8-23-07 74 Secs. 126-282-126-300.Reserved. Subdivision II.Reserved' Secs. 126-301-126-320.Reserved. Condominium-Subdivision III. Sec. 126-321.Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Apartment-type dwelling unit means a structure designed for or to be used for occupancy by more than three families,or those units having more than two points or areas of attachment with other dwelling units,except that units located on the ends of structures shall have more than one common point or area of attachment. Condominium means the separate ownership of single units or apartments in a multiple-unit structure with any common element. Condominium project means a real estate condominium project; a plan or project whereby four or more apartments, rooms (office spaces), or other units in existing or proposed buildings or structures are offered or proposed to be offered for sale. Condominium regime means the declaring, through the recordation of a master deed, lease or declaration, the intent to submit the property to joint ownership as a condominium. Co-owner means a person,firm, corporation, partnership,association, trust or other legal entity or any combination thereof,owning a unit within the condominium project. Council of co-owners means the association of unit owners that administers and maintains the common property and common elements of the condominium regime. Developer means a person who undertakes to develop a real estate condominium project. General common elements means and includes the following: (1) The land,whether leased or in fee simple,on which the building stands; (2) The foundations, bearing walls and columns, roofs, halls, lobbies, stairways and entrances and exits or communication ways; (3) The basement,flat roofs,yard and gardens,except as otherwise provided or stipulated; (4) The premises for the lodging of janitors or persons in charge of the building,except as otherwise provided or stipulated; Z Editor's note(s)—Ord.No. 10,287,§ 1,adopted March 23,2006,repealed Subdiv.II,§§ 126-301-126-304,which pertained to planned unit developments and derived from Code 1967,§27-31(a)—{d),Ord.No.3655,§3, adopted July 28, 1983. 75 (5) The compartments or installation of central services such as power,light,gas, cold and hot water, refrigeration, central air conditioning and central heating,reservoirs, water tanks and pumps, swimming pools and the like; (6) The elevators and shafts, garbage incinerators and in general all devices or installations existing for common use; and (7) All other elements of the building desirable or rationally of common use or necessary to the existence, upkeep and safety of the condominium regime and any other elements described in the declaration. Townhouse-type dwelling unit means a structure that is one or a series of dwelling units designed for single- family occupancy, which dwelling units are structurally connected or immediately adjacent to each other without side yards between individual dwelling units. Unit means an enclosed space consisting of one or more rooms occupying all or part of a floor in a building of one or more floors or stories, regardless of whether it is designed for residence, for business office or for any other type of independent use,provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare. (Code 1967, §27-32(b);Ord.No. 3655, § 3,7-28-83) Cross reference(s)--Definitions generally, § 1-2. Sec. 126-322.Commission approval required. It shall be unlawful for any developer or agent of any developer to offer for sale or sell any structure or building or offer for sale or sell any unit of a condominium project without the approval of the commission. (Code 1967, § 27-32(a);Ord.No. 3655, § 3,7-28-83) Sec. 126-323.Townhouse-type dwelling units. A proposed condominium project consisting of townhouse-type dwelling units shall, in addition to the requirements of this subdivision, comply with all townhouse subdivision regulations and any amendments thereto. (Code 1967, §27-32(c);Ord.No.3655, § 3, 7-28-83) Sec. 126-324.Apartment-type dwelling units. A proposed condominium project consisting of apartment-type dwelling units shall, in addition to the requirements of this subdivision, comply with all fire lane easement regulations and any amendments thereto. (Code 1967, § 27-32(d);Ord.No. 3655, § 3,7-28-83) Sec. 126-325.Procedure for approval. (a) Every developer,sole owner or the co-owners of a building or proposed building within the city or 76 its extraterritorial jurisdiction who expressly declares, through the recordation of a master deed, lease or declaration,the desire to submit the property to a condominium regime shall file a plat of such land with the commission for its approval in conformance with the standard rules of such commission and dedicating public streets, easements and all other dedications and covenants required in this subdivision. (b) Such map or plat shall accurately describe the entire area or tract of land upon which the building is located or is to be constructed and shall indicate the location of all public streets, buildings, easements and common areas. Such map or plat shall be prepared in conformance with the requirements and rules of the commission. (c) In addition to such map or plat, such persons shall file the declaration of covenants, conditions and restrictions establishing a condominium regime with the commission. Such declaration shall contain the following: (1) The legal description of the land,which description shall be depicted by a plat showing the land involved and the location of each building or proposed building to be located thereon. Each building shall be denoted by letter: A,B,C,etc.; (2) The general description and the number of each apartment,expressing its square footage,its location and any other data necessary for its identification, which information will be depicted by a plat of the floor of each building showing also the letter of the building and the number of the floor and the number of the apartment; (3) The general description of each garage,carport or any other area to be subject to individual ownership and exclusive control, which information will be depicted by a plat showing such garage,carport or other area appropriately lettered or numbered; (4) The description of the general common elements less subsection(a)of this section; (5) The description of the limited common elements; (6) The fractional or percentage interest that each apartment bears to the entire condominium regime, the sum of which shall be one if expressed in fractions and 100 if expressed in percentages;and (7) Any further provisions,matters or covenants desired. (d) To ensure the proper administration of the condominium regime and the creation of a council of co-owners, the developer shall submit the bylaws of the condominium project to the commission for their review. (Code 1967, §27-32(e);Ord.No. 3655, § 3,7-28-83) Secs. 126-326-126-345.Reserved. Townhouse Subdivisions-Subdivision IV. Sec.126-346.Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: 77 Access street means a public street within or bounding a townhouse subdivision that serves a townhouse subdivision and other adjacent property. Interior street means a public street not more than 600 feet long with a townhouse subdivision,which street is located and designed to serve a limited area within such subdivision and shall not serve other properties outside the subdivision. Open space means private property under common ownership designated for recreation area,private park for use of property owners within the subdivision,plat lot area,plaza area,building setbacks other than those normally required and ornamental areas open to general view within the subdivision. Open space does not include streets,alleys,utility easements and required building setbacks. Parcel means that tract of land proposed to be developed and owned in fee by the developer. Townhouse means a structure that is one of a series of dwelling units designed for single-family occupancy, which dwelling units are structurally connected or immediately adjacent to each other without side yards between individual dwelling units. Townhouse subdivision means those developments in which it is proposed to partition land into individual lots and construct townhouses, which may be individually owned, and where the minimum lot sizes are to be less than those required under this chapter. (Code 1967, §27-33(a);Ord.No.3655, § 3,7-28-83;Ord.No.3899, § 1,7-12-84) Cross reference(s)—Definitions generally, § 1-2. Sec. 126-347.Requirements generally. Any person proposing or intending to develop a townhouse subdivision within the city or its extraterritorial jurisdiction shall, before any building permit is issued, cause a plat of such townhouse subdivision to be approved by the commission, which plat shall be in conformance with all of the requirements of this chapter, except to the extent that such requirements are inconsistent with the requirements in this subdivision,which shall control with regard to townhouse subdivisions. (Code 1967, §27-33(b);Ord.No.3655, § 3,7-28-83;Ord.No.3899, § 1,7-12-84) Sec. 126-348. Streets. (a) Interior streets in a townhouse subdivision shall have a minimum right-of-way of 50 feet and shall be developed with a minimum 29-foot paving section with concrete curbs and gutters in accordance with standards set forth in article IV of this chapter. (b) Access streets shall have a minimum right-of-way width of 60 feet and shall be developed with a minimum 39-foot paving section with concrete curbs and gutters in accordance with such standards. (c) All townhouse subdivisions shall have a direct access from at least one dedicated and accessible public street having a right-of-way width of not less than 50 feet. (Code 1967, § 27-33(b)(1);Ord.No. 3655, § 3,7-28-83; Ord.No.3899, § 1,7-12-84) Sec. 126-349.Reserved. 78 Editor's note(s)--Section 1 of Ord. No. 11,607, adopted March 24, 2011, repealed § 126-349, which pertained to building setback lines. See the Code Comparative Table for a complete derivation. Sec. 126-350.Lots. (a) Lot area in a townhouse subdivision shall be a minimum of 2,500 square feet,except as provided in this section. (b) Lot width shall be a minimum of 24 feet,except as provided in this section. (c) Lot size may be reduced under the provision that open space,as defined in this chapter,is provided according to the following schedule: For every 100 square feet of open space per lot provided, the minimum lot area may be reduced by 200 square feet and the width of the lot may be reduced as shown in the following table.No lot shall,however,have a lot area of less than 2,000 square feet or a width of less than 20 feet. Open Space Minimum Minimum Provided per Lot Area Lot Dwelling (in square feet) Width (in Unit Lot (in feet) square feet) 0 2,500 24 100 2,300 23 200 2,100 21 250 2,000 20 (d) Open space must be provided in increments as shown in subsection (c) of this section, and credit will not be allowed on a proportionate basis. The dedication,location and use of open space shall in all cases be subject to the approval of the commission. (Code 1967, § 27-33(b)(3);Ord.No. 3655, § 3,7-28-83;Ord.No. 3899, § 1,7-12-84) Sec. 126-351.Reserved. Editor's note(s)--Section 1 of Ord. No. 11,607, adopted March 24, 2011, repealed § 126-351, which pertained to density standard. See the Code Comparative Table for a complete derivation. Sec. 126-352. Screening walls. Where townhouse lots in a townhouse subdivision are backing or siding upon an existing public street,a two- foot-wide private easement shall be provided abutting the street,and a masonry wall not less than six feet high shall be constructed upon the easement to provide a visual screen. (Code 1967, §27-33(b)(5); Ord.No. 3655, § 3,7-28-83;Ord.No. 3899, § 1,7-12-84) Secs. 126-353-126-380.Reserved. 79 COMMERCIAL DEVELOPMENTS Sec. 126-381.Definitions. The following words,terms and phrases,when used in this division,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Dwelling, single-family, detached means a fixed building containing only one dwelling unit and occupied by only one family and entirely surrounded by open space on its building site. Easement means a grant by the property owner to the city, a corporation or persons of the use of a strip of land for specific purposes. Fire lane easement means an easement improved and maintained by the owner or co-owner of the land across which it is located for the primary purpose of providing ingress and egress to buildings served thereby for police officers,firefighters and firefighting and emergency vehicles and equipment and for the location therein of water mains,fire hydrants and other public utilities.A fire lane easement remains private property except for the restrictions imposed in this division. Permanent open space means an open space that, in the judgment of the commission, may be expected to remain open and undeveloped.Examples of permanent open space are existing public parks or flood control drainage easements. Land in private ownership or a public street right-of-way does not constitute permanent open space. Street means a public right-of-way that provides primary public vehicular access to abutting property and is designated as either a street,highway,thoroughfare,major thoroughfare,freeway,parkway,avenue, lane, boulevard,road or drive. (Code 1967, § 27-34(a);Ord.No. 3655, § 3,7-28-83; Ord.No. 3836, § 1,4-26-84; Ord.No. 6149, § 1,2-13-91) Cross reference(s)—Definitions generally, § 1-2. Sec. 126-382.Plat required. Before making application for building permit for the erection of any structure on any tract of land within the city's corporate limits and before receiving plat approval by the planning and zoning commission for lands in the city's extraterritorial jurisdiction,owner shall file either: (a) A plat of such land with the commission for its approval in conformance with the rules of such commission and dedicating thereon fire lane easements for approved fire access roads and all other dedications and covenants required in this division when the building is: (1) Designed for or to be used for occupancy by two families; (2) Designed for use or occupancy by more than one business, industrial or commercial establishment;or (3) Located more than 150 feet from a public street or in conflict with the major thoroughfare plan; or 80 (b) A fire lane easement with the planning department for its director's written approval in conformance with the standards of this division; provided that there are no covenants or dedications required,other than the dedication of a fire lane easement for approved fire access roads.The easement must be in a form approved by the city attorney. (Code 1967, §27-34(b)(1);Ord.No. 3655, § 3,7-28-83;Ord.No. 3836, § 1,4-26-84; Ord.No. 6149, § 1, 2-13-91; Ord.No.8771, § 1, 11-23-99;Ord.No. 10,683, § 3,8-23-07;Ord.No. 10,984, § 1, 10-9-08) Sec. 126-383.Plat contents,preparation and filing. (a) The plat required in section 126-382(a)shall accurately describe the entire area or tract of land upon which the buildings are to be located and shall indicate the location of all public streets, fire lane easements, buildings,easements and fire hydrants. Such plat shall be prepared in conformance with the requirements in this division and with rules of the commission and shall be submitted according to the plat submittal procedure and requirements. Upon final approval of the commission, the plat shall be recorded in the map records of the county wherein the land is situated. (b) The easement required in section 126-382(b) shall accurately describe by a metes and bounds description the location of the fire lane easement. Such easement shall be prepared in conformance with the requirements in this division and with rules of the planning department for the written approval of the Planning&Development Director.Upon approval by the Planning&Development Director,the owner shall tender to the city an amount sufficient for the city to record the easement; and the easement shall be recorded in the deed records of the county wherein the land is situated. (c) Building permits may be issued only upon satisfactory compliance with this division. (d) If a fire lane is required by this Code,the planning and zoning commission may approve a final plat only if the plat dedicates the required fire lane or if a fire lane easement has been approved by the Planning&Development Director and funds have been tendered to the city for the recording of the same. (Code 1967, §27-34(b)(2);Ord.No.3655, §3,7-28-83;Ord.No.3836,§ 1,4-26-84;Ord.No.6149, § 1,2- 13-91;Ord.No. 10,984,§ 2, 10-9-08) Sec. 126-384.Waiver of final plat. (a) Notwithstanding the general requirements in sections 126-382 and 126-383,the director of planning and community development may, upon review of the preliminary plat submittal as required,not require the filing of a final plat in the county records provided the following specific conditions are met: (1) A fire lane or utility easement will not be required due to the location and accessibility of the building with respect to the existing public street system; (2) Density requirements are not exceeded; (3) All structures lie within 150 feet of a dedicated and improved street; (4) No conflict exists with the major thoroughfare plan;and (5) No street right-of-way dedication is required. (b) This action does not release the developer from meeting drainage requirements. 81 (Code 1967, §27-34(b)(3);Ord.No. 3655, § 3,7-28-83;Ord.No. 3836, § 1,4-26-84;Ord.No.6149, § 1, 2-13-91; Ord.No. 10,683,§4, 8-23-07) Sec. 126-385.Location of structures;fire hydrants;fire lane easements. (a) Approved fire apparatus access roads as defined in the city's fire prevention code adopted in section 38-61, including fire lanes,shall be provided for every structure or portion thereof in a commercial or industrial development within the city or its extraterritorial jurisdiction.The exterior walls of the first story of a building in a commercial or industrial development shall be located within a 150- foot travel distance from a dedicated, accessible, and approved public street or fire access lane easement. The fire chief is authorized to increase the distance of 150 feet in accordance with the city's fire prevention code adopted in section 38-61. (b) Fire hydrants shall be spaced no further than 300 feet apart along access ways in commercial and industrial developments.In commercial and industrial developments,fire hydrants shall be required in accordance with the city's fire prevention code adopted in section 38-61. (c) A fire lane easement shall have a minimum width of 24 feet of paved roadway. Fire lane easements shall receive primary access from a dedicated and improved public street of not less than 50 feet of right-of-way. (d) Fire lane easements that curve,turn or change directions shall meet the following standards: (1) All curves, turns or changes in direction shall have a minimum centerline curve radius of 35 feet. (2) All reverse curves shall have a minimum tangent length of 50 feet between points of curve. (e) Dead-end fire apparatus access roads as defined in the city's fire prevention code adopted in Section 38-61, including fire lanes,in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus, in accordance with the city's fire prevention code adopted in section 38-61. (f) Fire lanes and access to buildings shall comply with the specifications of the fire prevention code adopted by the city dealing with access to buildings by fire apparatus. (g) Dead-end fire lane easements in excess of 300 feet in length must be approved by the fire chief. (Code 1967, §27-34(c)(1);Ord.No.3655,§ 3,7-28-83;Ord.No.3836, § 1,4-26-84;Ord.No. 6149,§ 1,2- 13-91; Ord.No.8555, § 1,4-8-99;Ord.No. 10,683, § 5, 8-23-07) Sec. 126-386.Site standards. Sec. 126-387.Off-street parking. (a) The commission shall be responsible for off-street parking requirements for commercial developments that must be platted (b) The commission may grant an exception to the requirements of chapter 112 when in its opinion one or more of the following apply to the platted development: (1) The exception is not inconsistent with the intent of the ordinance; (2) The development of additional phases will include provisions for any shortage; 82 (3) The proposed development is shown to not fit existing categories; or (4) The proposed structures include areas that will not be used as apart of the majority use proposed (Code 1967, § 27-34(e);Ord.No. 3655, § 3, 7-28-83;Ord.No. 3836, § 1,4-26-84;Ord.No. 6149, § 1,2- 13-91; Ord.No. 11,866, §24,2-23-12) Secs. 126-388-126415.Reserved. LARGE LOT ESTATE DEVELOPMENT Sec. 126-416.Definitions. The following words,terms and phrases,when used in this division,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Large lot residential estate development means a subdivision in which the minimum lot size is one acre and the minimum street frontage for any lot is 60 feet with a minimum lot width of 120 feet at the building setback line. (Code 1967, §27-35(1);Ord.No. 6983, § 1,4-14-94) Cross reference(s)--Definitions generally, § 1-2. Sec. 126417. Scope. Large lots with wide frontage result in less drainage and traffic demands than single-family residential developments consisting of small lots with narrow frontages and widths. Therefore, the facility requirements and public impacts of the larger estate-type developments are less intensive. Such developments are desirable for the community to attract and encourage development and should not have to conform to the same standards that apply to the more intense developments. Residential developments undertaken pursuant to this division shall conform to this division and are considered exempt from conflicting provisions specified elsewhere in this chapter. (Code 1967, § 27-35;Ord.No.6983, § 1,4-14-94) Sec. 126-418.Lot standards. (a) Minimum area. (1) Except as provided in subsection (2) of this subsection, in a large lot estate development, the minimum lot area shall be one acre. (2) No more than 15 percent of the residential lots within a large lot development may be less than one acre,provided that: a. The overall density remains at least one residential lot per acre;and b. No residential lot within a large lot subdivision shall be less than 32,000 square feet. As used in this subsection,the overall density shall be calculated by dividing the total acreage of all residential lots by the total number of lots. 83 (b) Setback requirements. Setbacks in the development shall be as follows: (1) Front yard,40 feet; (2) Rear yard,20 feet; and (3) Side yard,ten feet. (c) Street frontage. The minimum street frontage shall be 60 feet. (d) Minimum width. The minimum lot width shall be 120 feet, to be measured at the building setback line. (e) (Code 1967,§27-35(2); Ord.No.6983, § 1,4-14-94;Ord.No. 8934, § 1,3-22-00) Cross reference(s)—Table of property development standards,§ 130-601. Sec. 126-419.Streets. In a large lot development,streets can be constructed using either asphalt or concrete as follows: (1) Right-of-way. The street right-of-way shall be a minimum of 60 feet; (2) Asphalt streets. Asphalt streets shall be constructed as follows: a. The width shall be 22 feet of paved HMAC surface; b. Shoulders shall be four feet on each side paved with an asphaltic chip seal;and C. The pavement and shoulders shall both have an eight-inch flexible base and a six-inch lime stabilized subgrade.The HMAC surface shall be 1.5 inches thick. (3) Concrete streets. Concrete streets shall be constructed as follows: a. The width shall be 22 feet of paved surface; b. Shoulders shall not be required on concrete streets; and C. The concrete pavement shall be a minimum of six inches thick with a six-inch lime stabilized subgrade that extends one foot beyond the edge of the pavement.The concrete pavement shall be constructed in accordance with specifications for such pavement provided for in article V of this chapter.The outer three feet of each side of the pavement shall have the steel reinforcement placed on 12-inch centers;and (4) Roadside ditches. Roadside ditches may be used for drainage if constructed as follows: a. The maximum side slopes shall be 3:1;and b. The maximum depth shall be five feet measured from the crown of the finished pavement. (Code 1967, §27-35(3);Ord.No. 6983,§ 1,4-14-94) Sec. 126-420.Extension of utilities. If municipal water or sewer utilities of sufficient capacity are available within 2,000 feet of the proposed site of a large lot estate development,the developer shall extend the utilities to the site and make them available to every lot in the development. (Code 1967, §27-35(3)e;Ord.No. 6983, § 1,4-14-94) 84 Secs. 126-421-126-430.Reserved. PRIVATE SUBDIVISION DEVELOPMENT Sec. 126431.Definitions. The following words,terms and phrases,when used in this division,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Private street means any street,alley,road,or right-of-way,not dedicated to the public. Private subdivision means a subdivision containing one or more private streets. (Ord.No. 8452, § 1, 11-24-98) Sec. 126-432.Applicability of division. The requirements in this division shall apply to all private subdivisions within the city's corporate limits and its extraterritorial jurisdiction,unless expressly stated otherwise,and shall be in addition to all otherwise applicable requirements in this chapter. (Ord.No. 8452, § 1, 11-24-98) Sec. 126433.Infrastructure requirements. (a) Private streets. Improved portions of private streets shall comply with the specifications and design standards set forth in articles IV and V of this chapter. Private streets shall be owned and maintained by a corporation,community association or other legal entity established for this purpose. (b) Sidewalks, driveways,curbs and gutters. Cement or concrete sidewalks,driveways,curbs and gutters shall comply with the specifications and regulations contained in chapter 122.Deed restrictions shall be required to ensure sidewalks remain unobstructed. Sidewalks, curbs and gutters in a private subdivision shall be owned and maintained by a corporation,community association or other legal entity established for this purpose. (c) Wheelchair ramps. (1) Wheelchair ramps shall be constructed at the entrance to all crosswalks where sidewalks exists or where otherwise required by section 122-91. (2) Where sidewalks or curbs exist, wheelchair ramps shall be added at locations specified in subsection (1), above, whenever any work is proposed to existing driveways, curbs, or sidewalks. Also, wheelchair ramps shall be added wherever missing sidewalks or curb segments are added in front of any lot or block of subdivision. (3) Wheelchair ramps shall conform to the design and construction standards of the city. Any deviation from the standards must be approved in writing by the director of public works in consultation with the director of human resources. (4) Wheelchair ramps shall be owned and maintained by a corporation, community association or other legal entity established for this purpose. 85 (d) Utilities. All utility systems shall comply with the requirements of this chapter, chapter 98 and any other applicable regulations of the city. Water, sanitary sewer, and storm sewer systems within a private subdivision shall be dedicated to the public and maintained by the city in the same manner as its other water,sanitary sewer,and storm sewer systems. All utilities so dedicated within the city limits must be accepted in writing by the city prior to recording of the final plat. (e) Easements. Publicly owned and/or maintained utilities shall be placed in public streets or easements dedicated to the public,which are a minimum of 16 feet in width unless a narrower width is approved by the city engineer. (Ord.No.8452, § 1, 11-24-98) Sec. 126-434.Infrastructure compliance. Upon completion of construction and prior to approval by the city engineer,the city engineer shall be provided with a written certification signed by a registered professional engineer certifying that all infrastructure enumerated in section 126-433 was designed and installed as required by the provisions of this chapter. The construction of all infrastructure detailed in section 126-433shall be inspected while in progress by the city engineer and must receive final approval upon completion by the city engineer. The platting,review,approval and filing processes described in article II of this chapter shall govern all plats of private subdivisions. (Ord.No.8452, § 1, 11-24-98) Sec. 126435.Common areas and facilities maintenance. Responsibility for maintenance. Adequate provision shall be made for a community association or other legal entity with direct responsibility to,and control by,the property owners involved to provide for the operation and maintenance of all common areas and facilities,including private streets and sidewalks which are a part of the private subdivision.The applicant shall submit a legal instrument establishing a plan for the use and permanent maintenance of the common areas/facilities and demonstrating that the community association is self-perpetuating and adequately funded to accomplish its purposes,and providing the city and other governmental authorities with written permission for access at any time without liability when on official business,and further to permit the city to remove obstructions if necessary for emergency vehicle access and assess the cost of removal to the owner of the obstruction. The instrument must be approved as to legal form by the city attorney prior to any plat recordation and shall be recorded at the same time as the plat. (a) Inspections. The city may periodically inspect private streets and sidewalks and require repairs necessary to ensure public health,safety and emergency access as specified in subsection(c),below. (b) Repairs ordered by the city. All repairs to and maintenance of private streets and sidewalks, which are ordered by the city engineer in writing and sent to the community association or other legal entity responsible for such repairs and/or maintenance as specified in the deed restrictions approved by the city attorney,must be completed within the time specified in the notice. Failure to timely complete the ordered repairs or maintenance may result in any one or more of the following,at the sole option of the city: 86 (1) Emergency services being withheld if emergency vehicles cannot safely access the emergency site; and/or (2) The removal of all gates inhibiting access to the public and the dedication of the private streets, sidewalks, and rights-of-way to the public. (Ord.No. 8452, § 1, 11-24-98) Sec. 126-436.Lot size. All lots within a private subdivision within the city limits shall conform to this chapter and the Unified Land Development Code, including, but not limited to, the property development standards enumerated therein. (Ord.No. 8452, § 1, 11-24-98;Ord.No. 11,866,§25,2-23-12) Sec. 126-437. Streetlights and signs. Streetlights and street name signs shall be in compliance with sections 126-642 and 126- 643respectively. Furthermore,the entrances to all private streets from public ways must be marked with a sign stating that the street is a private street. (Ord.No. 8452, § 1, 11-24-98) Sec. 126-438.Reserved. Editor's note(s)—Ord. No. 10,683, § 6, adopted Aug. 23, 2007, repealed § 126-438, which pertained to gate design for emergency access,and derived from Ord.No. 8452, § 1,adopted Nov.24, 1998. Sec. 126-439.Location restrictions on private subdivisions. (a) A private subdivision may not cross an existing or proposed thoroughfare. (b) A private subdivision may not disrupt or cross any existing or proposed public pedestrian pathway, hike and bike trail,or park,as shown on the city's most recent park plan. (Ord.No. 8452, § 1, 11-24-98) Sec. 126-440.Garbage collection. If in the opinion of the director of public works,private streets within the city limits are arranged so that garbage may be collected without creating a safety hazard,the city will collect the garbage. Garbage collection locations shall be subject to the approval of the director of public works. In the event the city does not collect garbage within a private subdivision within the city limits,all units may be exempted from payment of garbage fees upon furnishing evidence ensuring acceptable removal of all garbage and refuse by private means.To receive such exemption,written application must be submitted to and approved by the director of finance. (Ord.No. 8452, § 1, 11-24-98) 87 Sec. 126-441.Additional information on plat required. (a) Indemnification. On the subdivision final plat shall be the following language: It shall be expressly understood and agreed by and between the owner of the subdivided property that the owner,its officers,agents and employees and/or its successors,assigns(collectively the"owner") shall defend,indemnify and hold the city,its officers,agents and employees(collectively the"city"), harmless against any and all claims, lawsuits,judgments, costs and expenses, including attorneys' fees, for personal injury, death,property damage or other harm for which recovery of damages is sought, suffered by any person, that may arise out of or be occasioned in any way by the repair, maintenance or condition of any utility, private street, sidewalk, streetlight, or street sign located within the subdivision or the gates and/or barriers restricting access to the private subdivision,where such injuries,death or damages are caused by the joint negligence of the city and the owner,and/or by the joint or sole negligence of the owner. It is the expressed intention of the parties hereto, both the owner and the city,that the indemnity provided for in this subsection is indemnity by the owner to indemnify,protect and defend the city from the consequences of the city's own negligence where that negligence is a concurring cause of the injury, death or damage with that of the owner's joint and sole negligence. Furthermore,the indemnity provided for in this subsection shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole or concurrent negligence of the city unmixed with the fault of the owner. If any action or proceeding is brought against the city by reason of any of the private subdivision in any way, the owner further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the city,such acceptance not to be unreasonably withheld. (b) Dedication to public. The final subdivision plat shall also include verbiage approved by the city attorney which results in the private streets, sidewalks and/or other common areas noted thereon being dedicated, without consideration, to the public at the option of the city should the private streets or sidewalks,or access to the same fail to comply with this division. (Ord.No. 8452, § 1, 11-24-98) Sec. 126442.Notice to purchasers. (a) A person who sells or conveys real property located within a private subdivision shall tender a written notice to purchaser as provided in this section. (b) The provisions of this section shall not be applicable to: (1) Transfers of title under any type of lien foreclosure; (2) Transfers of title by deed in cancellation of indebtedness secured by a lien upon the property conveyed;or (3) Transfers of title by reason of a will or probate proceedings. (c) The notice required herein shall be executed by the seller and shall read as follows: The real property, described below, that you are about to purchase is located within a private subdivision as defined by Chapter 126 of the Code of Ordinances of the City of Baytown, Texas. The streets,sidewalks, driveways,curbs and gutters within the private subdivision are not maintained by the City of Baytown,but by a corporation,community association or other legal entity,with direct responsibility to,and controlled by, the property owners of property within the private subdivision. Such corporation, community association or other legal entity solely has the obligation to provide for the operation and maintenance of all streets, sidewalks, driveways, curbs, gutters, and other common areas within the subdivision. 88 Failure to timely complete repairs or maintenance to streets,sidewalks,driveways,curbs and gutters within as ordered by the city engineer may result in (i) emergency services being withheld if emergency vehicles cannot safely access the emergency site; and/or (ii) the removal of all gates inhibiting access to the public into the subdivision and the dedication of the private streets,sidewalks, and right-of-way to the public without consideration. Additionally, because the private subdivision prevents access to the general public, emergency services may be delayed in order for the emergency vehicles to gain access to the private subdivision. The legal description of the property you are acquiring is as follows: Signed this the day of , 1998. Signature of Seller The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Signed this the day of , 1998. Signature of Purchaser The notice required by this section shall be given to the prospective purchaser prior to execution of a binding contract of sale and purchase either separately or as an addendum or paragraph of a purchase contract. If, however,the seller fails to furnish the required notice at or prior to closing the purchase and sale contract and the purchaser closes on the property,it shall be conclusively presumed that the purchaser closed on such property with knowledge of all of the information contained in the notice. (d) At the closing of purchase and sale,a separate copy of such notice shall be executed by the seller and purchaser, acknowledged, and thereafter recorded in the deed records of the county in which the property is located. (e) For the purposes of this section, an executory contract of purchase and sale having a performance period of more than six months shall be considered a sale under subsection(a),above. (Ord.No. 8452, § 1, 11-24-98) Sec. 126-443.Petition to convert to private streets. (a) All petitions for the conversion of public streets to private streets shall be submitted by a corporation, community association or other legal entity,which will be responsible for the maintenance and repair of the streets and fulfill the other obligations specified in this division, to the city clerk, who will verify that all of the appropriate signatures are on the petition.The petition must be signed by each person owning property along or property accessed from each proposed private street and must include a metes and bounds description of each street to be conveyed as a private street.If not all of the requisite signatures are on the petition,the city clerk shall return the petition to the corporation, 89 community association or other legal entity that submitted the same. On the other hand,if the city clerk determines that all of the requisite signatures are on the petition,the city clerk shall submit the petition to the commission for consideration and recommendation to the city council. (b) The commission shall review the location,alignment and width for a proposed private street. If such complies with this division as well as the thoroughfare plan, the commission shall recommend that the city council grant preliminary approval of the private street conversion. If the proposed public street dedication does not comply with the thoroughfare plan,the planning and zoning commission shall recommend disapproval. (c) The city council, after receipt of the recommendation of the commission shall grant approval or disapproval of the conversion of the street from public to private. If approval is granted: (1) The conveyance of the property shall contain a possibility of reversion back to the city at its option should the street,sidewalks and gates not be maintained in accordance with this division; (2) The corporation, community association or other legal entity established for maintaining and repairing the private street shall tender in full the purchase price of the street to the city within ten days after receiving written notice of the city council's approval of the petition.The sales price shall be determined by an independent appraisal conducted by an appraiser approved by the city manager and certified by the state appraiser licensing and certification board. The appraiser shall be paid by the corporation,community association or other legal entity desiring to purchase the public street; (3) The corporation, community association or other legal entity established for maintaining and repairing the private street shall comply with all other provisions of this division. (Ord.No. 8452, § 1, 11-24-98;Ord.No. 9621, § 13,9-11-03) Secs. 126-444-126450.Reserved. IMPROVEMENTS Sec. 126-451.Payment for required improvements. The subdivider shall pay all costs for providing the subdivision with streets, water, sanitary sewers, storm sewers,streetlights and street markers, in accordance with the requirements of this chapter and in accordance with plans and specifications for such improvements approved by the appropriate city or county agencies.All improvements required in a subdivision will be installed at the developer's cost unless otherwise provided. The cost of utilities and streets that are required by the city to be larger than would normally be needed to serve the proposed addition may be cost-shared between the developer and the city in accordance with section 114-69. (Code 1967, §27-51;Ord.No.3655, § 3,7-28-83) Sec. 126-452.Construction contracts. The subdivider may award the contract for the installation of the approved improvements and make payment directly to the contractor. As an alternative a subdivider may present the approved plans and specifications for the approved improvements to the city council, and the city council may advertise for bids and award the contract,and the subdivider shall pay to the city the cost of the contract. (Code 1967, §27-52; Ord.No. 3655, § 3,7-28-83) 90 Sec. 126453.Inspection. The subdivider or his contractor shall notify the public works and engineering department (PWE) when installation of all approved improvements commences.The installation of such improvements shall take place under the inspection of PWE. (Code 1967, §27-53;Ord.No.3655, § 3,7-28-83;Ord.No. 14,605 , § 20, 12-10-20) Sec. 126-454.As-built or record plans. (a) The subdivider shall present to PWE electronic versions of the complete as-built plans and designs for all paving,drainage structures,water lines and sewer lines in formats acceptable to the city prior to final inspection.As-built or record plans shall be prepared by a professional engineer,licensed in the State of Texas. The as-built or record plans shall be delivered to PWE prior to the filing of the plat or the release of any performance documents. (Code 1967, § 27-54; Ord.No. 3655, § 3,7-28-83; Ord.No. 10,159, §4,9-27-05;Ord.No. 12,986 , § 13, 10-8-15; Ord.No. 14,605 ,§ 21, 12-10-20) Sec. 126-455.Final acceptance. The subdivider shall request, in writing, the final inspection of completed improvements. Upon receipt of this request,the director shall approve in writing all improvements when they are in accordance with approved plans and specifications. (Code 1967, §27-55;Ord.No. 3655, § 3,7-28-83;Ord.No. 14,605 , §22, 12-10-20) Sec. 126-456.Guarantee. (a) This section shall be applicable to: (1) All subdivisions within the city limits; and (2) All subdivisions within the extraterritorial jurisdiction of the city if a. The property is within an area listed in the city's annexation plan to be annexed during the guarantee period specified in subsection(b)of this section; or b. The property is otherwise scheduled to be annexed within the guarantee period specified in subsection(b)of this section. (b) The subdivider or developer shall guarantee that all materials and workmanship in connection with the improvements required under this chapter are free of defects for a period of one year after acceptance of the improvements by the city engineer. The subdivider or developer, if using construction contractors for furnishing the materials or installing the improvements required under this chapter,shall require that all contracts include such a guarantee.If the subdivider fails to perform the necessary work to correct defects during the guarantee period, the city will make necessary repairs and bill the subdivider for the total cost of the repair work. (Code 1967, §27-56;Ord.No. 3655, §3,7-28-83;Ord.No.9151, § 1,4-26-01) 91 Sec. 126-457.Governmental liens. When it is determined that a governmental lien is outstanding against any parcel proposed for development, it shall be the responsibility of the applicant to satisfy this lien prior to the filing of the plat. These liens shall include but not be limited to paving,tax,mowing or special assessments. (Code 1967, § 27-57; Ord.No. 3655, § 3,7-28-83) Sec. 126-458.Traffic control devices. All traffic control devices required under this chapter shall be in compliance with the current edition of the Texas Manual on Uniform Traffic Control Devices. (Code 1967, §27-58;Ord.No.3655, § 3,7-28-83;Ord.No. 14,605 , § 23, 12-10-20) Sec. 126-459.Cluster box mail service locations. U.S. Postal Service policies require that cluster locations to serve developments be provided. These locations shall be within street rights-of-way whenever possible. A commercial location may necessitate an on-site location for this purpose.All slab locations required under this section shall be in conformance with postal service specifications and shall be provided by the developer. (Code 1967, §27-59;Ord.No.3655,§ 3,7-28-83) Sec. 126-460.Sidewalks. Sidewalks conforming to the requirements of chapter 122 of this Code shall be required to be constructed along all roadways abutting property within the platted area. (Ord.No. 11,980, §4,7-26-12) Secs. 126461-126485.Reserved. DESIGN STANDARDS I.In General Sec. 126486.Survey requirements. (a) Monuments. Monuments, consisting of a three-fourths-inch iron rod or larger, 36 inches in length, shall be placed at all corners of the block lines,the point of intersection of curves and tangents of the subdivision, flush with the finished grade. (b) Benchmarks. (1) Required.One benchmark per subdivision section shall be permanently installed in an approved manner at a location designated by the city engineer. The location and elevation of the benchmark shall be shown on the plat.Permanent benchmarks shall be five-foot-long concrete 92 posts six inches in diameter with the top to be no more than three inches below the finished grade.All benchmarks shall be installed to survey-grade accuracy. (2) Deposit.The subdivider or developer shall deposit$500.00 per required benchmark.The deposit shall be: a. Refunded upon submission of a data sheet which satisfies the requirements of subsection (b)(3) below and upon acceptance by the city engineer of the installation of the benchmarks;or b. Shall be forfeited 90 days after the submission of the final plat. (3) Data sheet. Unless the deposit is forfeited in accordance with subsection (b)(2)b. above, a reference sketch showing location of all benchmarks on a data sheet shall be submitted to the city engineer. The benchmark data sheet shall be sealed by a registered professional land surveyor licensed to practice in the state and shall contain latitude and longitude based on WGS 84 datum,Texas state plane coordinates south central zone based on NAD 83,ellipsoid height, combined scale factor and orthometric height(Geoid 99 NAVD 88). (4) Waiver. If the benchmark required in this subsection (b)(1) falls within such proximity to an existing benchmark that the required benchmark is determined by the director of engineering to be unnecessary to the global positioning satellite network of the city,the city engineer may waive the benchmark required in subsection(b)(1). (c) Lot markers.Lot markers shall be one-half-inch metal rods,at least 24 inches in length,placed at each corner of all lots,flush with the average ground elevation,or they may be countersunk if necessary to avoid being disturbed. (Code 1967, §27-49;Ord.No.3655, §3,7-28-83;Ord.No.9544, §2,4-10-03;Ord.No. 10,079,§ 1,6-9- 05) Sec. 126487.Park and playground sites. (a) Park and playground sites in a subdivision shall be reserved as indicated on the park plan. The size shall be in accordance with the parks and recreation board's plan for the park system. (b) Park sites within the city limits may be purchased,or a contract to purchase may be negotiated by the city prior to the submission of the final plat. If not,the subdivider shall not be required to reserve the land for such purpose,except at his option. (c) It is requested,but not required,that park sites outside the city be reserved for two years for purchase at the developer's cost plus prorated cost of improvements. (Code 1967, §2748;Ord.No.3655, §3,7-28-83) Secs. 126-488-126-505.Reserved. H.Streets Sec. 126-506.Circulation pattern. The street pattern of a neighborhood should provide adequate circulation within the subdivision and yet discourage excessive through traffic on local streets. 93 (Code 1967, §27-41(a);Ord.No. 3655, §3,7-28-83) Sec. 126-507.Principal arterials,minor arterials and collectors. (a) In a subdivision,principal arterial,minor arterial and collector locations and alignments shall be determined by the commission. (Code 1967, §27-41(b),(c); Ord.No.3655, § 3,7-28-83;Ord.No. 14,605 , §24, 12-10-20) Sec. 126-508.Right-of-way width. In a subdivision,the right-of-way width shall be as described in article III of chapter 109 of this Code. (Code 1967, §27-41(d);Ord.No.3655, § 3,7-28-83;Ord.No. 14,605 , § 25, 12-10-20) Sec. 126-509.Curves. The design of curves in roadway alignments shall conform to the requirements of article III of chapter 109 of this Code. (Code 1967, §27-41(e); Ord.No.3655, §3,7-28-83;Ord.No. 14,605 , §26, 12-10-20) Sec. 126-510.Intersections. The design of intersections shall conform to the requirements of article III of chapter 109 of this Code. (Code 1967, §27-41(f); Ord.No.3655,§3,7-28-83;Ord.No. 14,605 , §27, 12-10-20) Sec. 126-511.Culs-de-sac. In a subdivision,culs-de-sac(dead-end streets with turnarounds)shall be subject to the following: (1) Turnarounds are to have a minimum right-of-way radius of 50 feet for a single-family use and 60 feet for apartments,commercial or other uses,except that turnarounds where other than curb and gutter development is used shall have a minimum right-of-way radius of 60 feet adjacent to land to be used for single-family residences and 70 feet adjacent to land to be used for other than single-family residences.No islands or planters shall be permitted; (2) The maximum length of a dead-end street with a pavement turnaround shall be 800 feet; (3) Temporary turnarounds are to be used only where curb and gutter is not installed at the end of a street more than 400 feet long that will be extended in the future.The base of turnarounds shall be composed of six-inch stabilization with asphaltic topping; and (4) Temporary turnarounds shall be indicated on a plat as a cross-hatched area. The city shall be given a temporary easement for a turnaround until the street is extended (directional) in a recorded plat. (Code 1967, §27-41(g); Ord.No.3655,§ 3,7-28-83) 94 Sec. 126-512.Partial or half-streets. Partial or half-streets in a subdivision may be provided when the commission feels that a street should be located on a property line. Inside the city limits, the partial street may be dedicated, with a one-foot reserve in fee along the property line. Outside the city limits, the following note shall be used on such partial streets: "This foot strip is dedicated as an easement for all utility purposes including storm and sanitary sewers and shall automatically become dedicated for street purposes when and insofar as a foot strip adjacent to it is so dedicated." (Code 1967, §2741(i); Ord.No. 3655, § 3,7-28-83) Sec. 126-513.Block length. (a) In a subdivision, the maximum block length for residential shall be 2,400 feet measured along the center of the block or 1,200 feet from each intersection, except under special conditions and upon approval by the commission. (b) The maximum block length along interstates or expressways,principal arterials and minor arterials shall be 3,000 feet or 1,500 feet from each intersection, except under special conditions and upon approval by the commission. (Code 1967, §27-41(h);Ord.No.3655, § 3,7-28-83) Sec. 126-514.Reserves. In a subdivision,a provisional one-foot reserve shall be used along the side or end of streets that abut acreage tracts as follows: "One-foot reserve dedicated to the public in fee as a buffer separation between the side or end of streets in subdivision plats where such streets abut adjacent acreage tracts, the condition of such dedication being that when the adjacent property is subdivided in a recorded plat,the one-foot reserve shall thereupon become vested in the public for street right-of-way purposes(and the fee title thereto shall revert to and rest in the dedicator,his heirs,assigns,or successors)." (Code 1967, §27-410);Ord.No. 3655, § 3,7-28-83) Sec. 126-515.Temporary right-of-way. In a subdivision,a temporary right-of-way shall be used to comply with the county road law requiring a minimum street width of 60 feet as follows: "Cross-hatched strip feet wide to be temporarily dedicated for street purposes and will revert to the adjacent lot owners upon and to the extent of the acquisition of feet for street purposes on the opposite side of the street." (Code 1967, §27-41(k);Ord.No.3655,§ 3,7-28-83) Sec. 126-516.Names. (a) Proposed new street names shall be submitted to the Planning&Development Director for approval 95 prior to the submittal of the final plat of the subdivision. (b) Street names shall be continuations of existing street names adjacent to or on line with proposed streets. (Code 1967, §2741(1); Ord.No.3655, § 3,7-28-83) Secs. 126-517-126-545.Reserved. M.Lots Sec. 126-546.Scope. In a subdivision,the lot design of a neighborhood should provide for lots of adequate width and depth to provide open area and to eliminate overcrowding. Lots should be rectangular so far as practicable and should have the side lot lines at right angles to the streets on which the lot faces or radial to curved street lines. Where the commission approves a through lot, access to the rear of the lot shall be prohibited. Residential lots shall not front on collectors,arterials,or higher roadway classifications. (Code 1967, §2743(a);Ord.No. 3655, § 3,7-28-83;Ord.No.4183, § 1,6-27-85;Ord.No. 14,605 ,§ 28, 12-10-20) Sec. 126-547.Designation of purposes. All lots shown on the subdivision plat will be for residential purposes unless otherwise noted. (Code 1967, §27-43(b); Ord.No. 3655, § 3,7-28-83;Ord.No.4183, § 1,6-27-85) Sec. 126-548. Side lot lines. In a subdivision,side lot lines should be perpendicular or radial to the street frontage and the following note may be in lieu of bearings: "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted." (Code 1967, §27-43(c); Ord.No.3655, § 3,7-28-83;Ord.No.4183, § 1,6-27-85) Sec. 126-549.Double fronts Double front lots are prohibited in a subdivision. (Code 1967, §27-43(e);Ord.No. 3655, § 3,7-28-83;Ord.No.4183, § 1,6-27-85) Sec. 126-550.Rear and side driveway access. In a subdivision,rear and side driveway access to interstates or expressways,principal arterials and minor arterials shall be prohibited. (Code 1967, §27-43(d);Ord.No.3655, § 3,7-28-83;Ord.No.4183, § 1,6-27-85) 96 Sec. 126-551.Minimum sizes. In a subdivision,the minimum lot sizes shall be as follows: (1) The minimum width shall be 50. (2) The minimum depth shall be 100 feet. (3) Radial lots shall have a minimum width of 40 feet at the building line. (4) The lot area shall be a minimum of 5,400 square feet. (5) Corner lots are to be five feet wider than the average interior lots in the block. (6) Corner lots with a width of less than 80 feet siding on interstates or expressways, principal arterials and minor arterials shall be at least 15 feet wider than the average interior lots in the block. (Code 1967, §27-43(f);Ord.No.3655, §3,7-28-83;Ord.No.4183, § 1,6-27-85;Ord.No. 8151, §8, 12- 16-97;Ord.No.9346, § 1,4-25-02) Cross reference(s)—Zoning,ch. 130. Sec. 126-552.Land to be used for other than residential purposes. (a) For a subdivision,reserves shall be labeled A,B and C,rather than numbered as blocks and lots. (b) Minimum building lines are to be provided for reserves. (Code 1967, §27-44; Ord.No. 3655, § 3,7-28-83) Sec. 126-553.Numbering. (a) Subdivision blocks are to be numbered consecutively within the overall plat or sections of an overall plat as recorded. (b) All lots are to be numbered consecutively within each block. Lot numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat. (Code 1967, §27-45;Ord.No. 3655, § 3,7-28-83) Sec. 126-554.Building lines (a) Residential building lines in a subdivision shall be as follows: (1) The minimum building line shall be 15 feet on the front of all lots,ten feet on the side of corner lots, and five feet on the side of interior lots;and (2) Lots adjacent to interstates or expressways,principal arterials and minor arterials shall have a minimum 35-foot front building line when lots are facing or a minimum 20-foot side building line when lots are siding on streets. 97 (b) Transitional building lines having a minimum angle of 45 degrees are to be provided where an offset in building lines is greater than five feet. (Code 1967, §27-46;Ord.No. 3655, § 3,7-28-83) Cross reference(s)—Table of property development standards, § 130-601. Secs. 126-555-126-580.Reserved. IV.Easements Sec. 126-581.Drainage easement. (a) The location and width of a drainage easement in a subdivision shall be determined by the city engineer for plats within the city limits and by the county flood control engineer for plats outside the city or within the city adjacent to bayous or other major drainage facilities for which flood control is primarily responsible. (b) An easement for drainage adjacent to lots,tracts,or reserves shall be noted: "This easement shall be kept clear of fences,building,planting and other obstructions to the operations and maintenance of drainage facility, and abutting property shall not be permitted to drain into this easement except by means of an approved drainage structure." (c) The dedication of any drainage structure or facility used for the retention or detention of stormwater shall be accepted only at the city's option. (d) Drainage easements shall meet the requirements of article II of chapter 109 of this Code. (Code 1967, §27-47(a); Ord.No. 3655, § 3,7-28-83;Ord.No. 14,605 , § 29, 12-10-20) Sec. 126-582.Utility easements. Utility easements shall be provided in accordance with the requirements of article II of chapter 109 of this Code (Code 1967, §27-47(b);Ord.No.3655, § 3,7-28-83;Ord.No. 14,605 , § 30, 12-10-20) Sec. 126-583.Private easements. In a subdivision,platting of public streets or easements across private easements or fee strips shall be subject to the following: (1) A copy of the instrument establishing any private easement shall be submitted with the preliminary plat; (2) Easement boundaries must be tied by dimension to adjacent lot and tract corners. Where the private easement has no defined location or width,an effort shall be made to reach an agreement on a defined easement.Where no agreement can be reached,pipelines,electrical lines or other facilities shall be accurately located and tied to lot lines, and building setback lines shall be shown at a distance of ten feet from and parallel to the centerline of the pipeline; 98 (3) Prior to approval of the final plat, the developer or dedicator of any subdivision plat wherein public streets or easements are shown crossing private easements or fee strips shall,by letter to the city engineer, assume responsibility for seeing that any adjustments and protection of existing pipelines, electrical transmission lines or other facilities shall be planned and provided for to the satisfaction of the holder of the private easements or fee strips and the city engineer prior to the filing of the plat for record;and (4) Prior to filing of the final plat for record,the following requirements shall be met: a. The developer or dedicator of any plat shall obtain from the holder of any private easement or fee strip within the plat crossed by proposed streets or other public easements an instrument granting to the public the use of the public streets or easements over and across the private easements or fee strips for construction, operation and maintenance of those public facilities normally using the type of public streets and easements indicated. This instrument shall be delivered to the director of planning and community development to be recorded along with the plat. b. The developer shall furnish the director of planning and community development with a letter from the holder of the private easements or fee strips in question stating that arrangements in pipelines,electric transmission lines or other similar facilities have been made to the satisfaction of the holder of the easement. (5) All other easements shall meet the requirements set forth in article II of chapter 109 of this Code. (Code 1967, §2747(c);Ord.No.3655, §3,7-28-83;Ord.No. 14,175 , § 12,9-26-19;Ord.No. 14,605 , § 31, 12-10-20) Secs. 126-584-126-610.Reserved. DIVISION 7.ENGINEERING AND CONSTRUCTION STANDARDS Sec. 126-611.Engineering data. The following engineering data are required for subdivisions; all preliminary plats shall have approximate data: (1) Streets. Centerline survey data for rights-of-way shall be provided as follows: a. Complete curve data chord length and bearing, radius, arc length, tangent, point of curvature, point of tangency and delta; b. The length and bearings of all tangents; and C. The dimensions from all angle points and points of curve to an adjacent side lot line. (2) Lots. Complete bearings and distances for front,rear and side lot lines shall be provided. (3) Watercourses and easements. Data for watercourses and easements shall be provided as follows: a. Distances along the side lot lines from the front lot line to the point where the sideline crosses the drainage easement line or the high bank of a stream;and b. The traverse line along the edges of all large watercourses in a convenient location, preferably along a utility easement if paralleling the drainage easement or stream. 99 (Code 1967, §27-41(m);Ord.No.3655,§ 3,7-28-83;Ord.No. 14,605 , § 32, 12-10-20) Secs. 126-612-126-640.Reserved. STREETS Sec. 126-641. Standards. Streets within all subdivisions shall be designed and constructed in accordance with the standards set forth in article III of chapter 109 of this Code. (Code 1967, §27-71;Ord.No. 3655,§ 3,7-28-83; Ord.No. 7904, § 1,2-27-97;Ord.No. 8296, § 1,5-28- 98;Ord.No. 8852,§ 1,3-9-00;Ord.No.9053, §§2,3, 12-14-00;Ord.No. 10,770,§ 1, 12-13-07;Ord.No. 11,866, § 26,2-23-12;Ord.No. 14,605 , § 33, 12-10-20) Sec. 126-642. Streetlights. Streetlights within all subdivisions shall be installed in accordance with the standards set forth in article III of chapter 109 of this Code. (Code 1967, §27-74;Ord.No. 3655,§3,7-28-83; Ord.No. 14,605 , § 33, 12-10-20) Sec. 126-643. Street name signs. Street name signs within all subdivisions shall be installed in accordance with the standards set forth in article III of chapter 109 of this Code. (Code 1967, §27-75;Ord.No. 3655,§ 3,7-28-83;Ord.No. 14,605 , § 33, 12-10-20) Sec. 126-644.Access management. Access management within all subdivisions shall be designed and constructed in accordance with the standards set forth in article III of chapter 109 of this Code. (Ord.No. 11,419, § 2, 8-26-10;Ord.No. 14,605 , § 33, 12-10-20) Secs. 126-645-126-670.Reserved. STORMWA TER DRAINAGE4 Sec. 126-671.Drainage facilities. Drainage facilities and systems shall be designed and constructed in accordance with article IV of chapter 109 of this Code within the limits of each subdivision. 100 (Ord.No. 14,605 , § 34, 12-10-20) Sec. 126-672.Detention facilities. Detention facilities for all subdivisions shall be designed and constructed in accordance with article IV of chapter 109 of this Code. (Ord.No. 14,605 , § 34, 12-10-20) Secs. 126-673-126-705.Reserved. 4Editor's note(sy-Ord.No. 14,605,§34,adopted Dec. 10,2020,amended div.3 in its entirety to read as herein set out.Former div.3,§§ 126-671-126-675,pertained to similar subject matter,and derived from the 1967 Code,§27-72;Ord.No.3655,§ 3,adopted July 28, 1983;and Ord.No.4000, § 1,adopted Nov.8, 1984. UTILITIESS Sec. 126-706.Utility systems. Water distribution and wastewater collection systems for all subdivisions shall be designed and constructed in accordance with the standards set forth in article V of chapter 109 of this Code. (Ord.No. 14,605 , § 35, 12-10-20) 5Editor's note(s)-Ord.No. 14,605, § 35,adopted Dec. 10,2020,amended div.4 in its entirety to read as herein set out. Former div.4, §§ 126-706-126-711,pertained to similar subject matter, and derived from the 1967 Code,§§27-73,27-76;Ord.No. 1764,§ 1,adopted March 13, 1975;Ord. No. 3655, § 3,adopted July 28, 1983;Ord.No.5117,§§ 1,2,adopted Oct. 13, 1988;Ord.No.5263,§ 3,adopted April 27, 1989;and Ord.No. 7256,§ 1,adopted March 9, 1995. Cross references)-Utilities generally,ch.98. Section 22: That Appendix A "Unified Land Development Code," is amended to add Article V "Signs" and add Division 1 "In General," Division 2 "Administration, and Division 3 "Regulations" as follows: 101 APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE V. SIGNS 118. SIGNS3 Division I.IN GENERAL Sec. 118-1. Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Advertising means to seek to attract or direct the attention of the public to and including, but not limited to,goods,merchandise,services,persons,activities,information or messages. Business purposes means the erection or use of any property, building or structure, permanent or temporary, for the primary purpose of conducting in such building or structure or on such property a legitimate commercial enterprise in compliance with all ordinances and regulations of the city governing such activity. A business purpose does not include any property, building or structure erected or used for the primary purpose of securing a permit to erect a sign. Curbline means an imaginary line drawn along the edge of the pavement on either side of a public street. Dwell time shall mean the interval of change between each individual message. Dwell time shall not include the one second or less required to change a message. Federal-aid primary system means that portion of connected main highways which were designated by the state transportation commission as the federal-aid primary system in existence on June 1, 1991,and any highway which is not on such system but which is on the national highway system. Interstate highway system means that portion of the national system of interstate and defense highways located within the state which are or may be officially designated the "interstate system" by the state highway and public transportation commission,and approved pursuant to 23 USC 131,as amended. National highway system means that portion of connected main highways located within the state which now or hereafter may be so designated officially by the state transportation commission and approved pursuant to 23 USC 103. Public right-of-way means any part of a right-of-way not privately owned or controlled and which is the responsibility of the city or other similar public agency to maintain. Public street means the entire width between property lines of any road, street,way,alley, bridge or other similar thoroughfare,not privately owned or controlled, when any part thereof is open to the public for vehicular traffic, is the responsibility of the city or other similar public agency to maintain and over which the city has legislative jurisdiction under its police power. Residential purposes means property devoted to use as a single-family or multifamily residence. Residential purposes include but are not limited to property used for houses, duplexes, condominiums, townhouses,townhomes,patio homes and apartments.Property used for hotels,motels and boardinghouses 3 Cross reference(s)—Buildings and building regulations,ch. 18;master sign electrician,§ 18-336 et seq.;businesses, ch.20;signs or decorations in parks, §70-16;streets and sidewalks,ch. 122;subdivisions,ch. 126;zoning,ch. 130. 102 shall not be considered as used for residential purposes. Property devoted to both residential and nonresidential use shall be considered as used for residential purposes. Right-of-way means the property fronting on, immediately adjacent to and on either side of a public street or a nonpublic street. Sign means any outdoor display, design, pictorial or other representation, which shall be so constructed,placed,attached,painted,erected,fastened or manufactured in any manner whatsoever so that such shall be used for advertising.The term"sign"includes the sign structure.Every sign shall be classified and shall conform to the requirements of each classification as set forth in this chapter. Sign area shall mean the entire advertising area of a sign excluding any framing,trim,or molding and the supporting structure. Sign structure means any structure that supports or is capable of supporting any sign.A sign structure may be a single pole and may or may not be an integral part of a building. Total front footage means the total length of the footage of property fronting on both sides of a public street. (Code 1967, §25'/Z-2;Ord.No. 3593, § 1,4-14-83;Ord.No.7762, § 1,7-25-96;Ord.No. 7982, § 1,5-22- 97;Ord.No. 8002, § 1,6-12-97; Ord.No. 12,734, § 1, 12-11-14) Cross reference(s)—Definitions generally, § 1-2. Sec. 118-2. Scope. This chapter shall apply to: (1) All signs,as that term is defined in section 118-1,within the city limits,and (2) All signs, which are classified as off-premises signs and either spectacular signs or digital billboard, as those terms are defined in section 118-4, within the city limits and the city's extraterritorial jurisdiction. (Code 1967, § 251 i-1; Ord.No. 3593, § 1,4-14-83; Ord. No. 5472, § 1, 2-22-90; Ord.No. 10,894, § 1, 5- 19-08; Ord.No. 12,762, § 1, 1-8-15) Sec. 118-3. Violations and penalties. Any person who shall violate any section of this chapter shall upon conviction be punished as provided in section 1-14. In addition, the city attorney is authorized to take all actions, both legal and equitable, necessary to ensure compliance with this chapter. (Code 1967, § 25'h-4(d); Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, § 2,2-22-90) Sec. 118-4. Classification. (a) On premises and off-premises signs. For the purpose of this chapter,a sign shall be first classified as either an"on-premises sign" or an"off-premises sign"as follows: (1) On premises sign means any sign identifying or advertising the business,person,activity,goods, products or services primarily sold or offered for sale on the premises where the sign is installed and maintained, when such premises is used for business purposes,or that conveys information or messages. (2) Off-premises sign means any sign advertising a business, person, activity, goods, products or services not usually located on the premises where the sign is installed and maintained or that directs persons to any location not on the premises. 103 (b) Types of signs. All signs shall further be classified into one of the following types of signs: (1) Ground sign means a sign that is supported by uprights or braces in or upon the ground,including portable signs as defined in subsection(c)(2)of this section. (2) Marquee sign means a projecting sign attached to or hung from a canopy or covered structure projecting from and supported by a frame or pipe support extending beyond a building. (3) Projecting sign means any sign that is affixed to any building wall or structure and that extends beyond the building wall or structure more than 12 inches. (4) Roof sign means any sign erected,constructed or maintained above the roof of any building. (5) Wall sign means any sign affixed to or painted upon the wall of any building. (c) Special function signs. Any on-premises or off-premises sign of any type may also be included within one or more of the following additional classifications,according to special functions: (1) Electrical sign means any sign containing electrical wiring or utilizing electric current,but not including signs illuminated by an exterior light source. (2) Portable sign means any sign designed or constructed to be easily moved from one location to another,including signs mounted upon or designed to be mounted upon a trailer,bench,wheeled carrier or other nonmotorized mobile structure;a portable sign that has its wheels removed shall still be considered a portable sign. For the purpose of this chapter, trailer signs and signs on benches are portable signs. (3) Spectacular sign means any sign, other than a digital billboard,that: a. Has automatically changing advertising; b. Is equipped with glaring or rotating strobe lights or spotlights; C. Uses flashing intermittent or moving lights; d. Uses an electronic image on a digital display device capable of changing messages or copy by programmable electronic or mechanical processes;or e. Has any moving message whatsoever, including animated, moving video and scrolling displays, such as an LED (light emitting diode) screen or any other type of video display, even if the message is stationary. (4) Temporary sign means any sign constructed of cloth, canvas, light fabric, cardboard,wallboard or other light materials, not to exceed six square feet in size. A portable sign shall not be considered a temporary sign. (5) Digital billboard means an off-premises sign, display, or device, which changes the "static" message or copy on the sign by electronic means. (Code 1967, § 25'/2-3; Ord.No. 3593, § 1,4-14-83; Ord.No. 10,894, § 2, 5-19-08; Ord.No. 12,734 , § 2, 12-11-14) 104 Secs. 118-5-118-30.Reserved. Division II.ADMINISTRATION' GENERALLY Sec. 118-31. Sign committee. (a) The mayor shall appoint a five-member committee on sign control. The sign committee shall be composed of: (1) Two real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics,educational program and professional certification program; (2) One person engaged in the sign business in the city; (3) One employee of the state department of transportation who is familiar with real state valuations in eminent domain proceedings; and (4) One architect or landscape architect licensed by the state. (b) A member of the committee is appointed for a term of two years. (Code 1967, §25'/z-2;Ord.No. 3593, § 1,4-14-83;Ord.No. 7762, § 1,7-25-96;Ord.No. 7982, § 1,5-22- 97) Cross reference(s)—Boards and commissions, § 2-256 et seq. Secs. 118-32-118-60. Reserved. SIGN ADMINISTRATORS Sec. 118-61.Duties generally. The chief building official shall be the sign administrator charged with administering and enforcing the terms and conditions of this chapter and all other provisions of laws relating to signs. The sign administrator is empowered to delegate the duties and powers granted to and imposed upon him by this chapter to other persons serving under the sign administrator.The sign administrator and such other persons shall constitute the sign administration section of the building inspections division.The sign administrator is directed to enforce and carry out all sections of this chapter and shall work under the direction and supervision of the city manager. (Code 1967, § 25V2-4(a); Ord.No. 3593, § 1,4-14-83;Ord.No. 5472, §2,2-22-90) Sec. 118-62.Enforcement responsibility. The duties of the sign administrator shall include not only the issuance of permits as required by this chapter, but also the responsibility of ensuring that all signs comply with this chapter and any other applicable laws and that every sign for which a permit is required does in fact have a permit. The sign administrator shall make such inspections as may be necessary and shall initiate appropriate action to bring about compliance with this chapter and other applicable law if such inspection discloses any instance of 'Cross reference(s)--Administration,ch.2. 'Cross reference(sy—Officers and employees, §2-26 et seq. 105 noncompliance.The sign administrator shall investigate thoroughly any complaints of alleged violations of this chapter. (Code 1967, § 25'/2-4(b); Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, § 2,2-22-90) Sec. 118-63. Powers. The sign administrator shall have the power and authority to administer and enforce the conditions of this chapter and all other laws relating to signs. Included among such powers are the following specific powers: (1) Every sign for which a permit is required shall be subject to the inspection and approval of the sign administrator. When deemed advisable by the sign administrator, a sign may be inspected at the point of manufacture,if such point is within or adjacent to the city. (2) Upon presentation of proper identification to the owner, agent or tenant in charge of such property,the sign administrator may enter,for the purpose of inspecting and investigating signs or sign structures, any building, structure, or other premises or property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. However, in an emergency where extreme hazards are known to exist that may involve imminent injury to persons, loss of life or severe property damage and when the owner,agent or tenant in charge of the property is not available after the sign administrator has made a good faith effort to locate him, the sign administrator may enter such structures and premises at any time upon presentation of proper identification to any other person on the premises. Whenever the sign administrator shall enter upon private property, under any circumstances, for the purpose of inspecting or investigating signs or sign structures, which property has management in residence, such management or the person then in charge shall be notified of his presence and shown his proper and official credentials.The sign administrator,when on private property, shall observe the establishment's rules and regulations concerning safety, internal security and fire protection. Whenever the sign administrator is denied admission to inspect any premises, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection for violations of this chapter. In applying for such warrant, the sign administrator shall submit to the magistrate his affidavit setting forth his belief that a violation of this chapter exists with respect to the place sought to be inspected and his reasons for such belief. Such affidavit shall designate the location of such place and the name of the person believed to be the owner, operator or occupant thereof. If the magistrate finds that probable cause exists for a search of the premises in question,he shall issue a warrant authorizing the search, such warrant describing the premises with sufficient certainty to identify the premises. Any warrant so issued shall constitute authority for the sign administrator to enter upon and inspect the premises described therein. (3) Upon notice and issuance of a stop order from the sign administrator, work on any sign that is being conducted shall be immediately stopped. Such notice and order shall be in writing and shall be given to the owner of the property or to his agent or to the person doing the work and shall state the conditions under which work may be resumed.Where an emergency exists,written notice shall not be required to be given by the sign administrator. Following the issuance of a stop order, the sign administrator shall initiate proceedings to revoke any permit issued for the work covered by such stop order,consistent with subsection(4)of this section,unless the cause of the stop order is resolved to the sign administrator's satisfaction. It shall be unlawful for a person to intentionally or knowingly work upon a sign for which a written stop order is issued by the sign administrator. (4) The sign administrator shall have the power and authority to revoke any and all permits authorized by this chapter for violation of the terms of this chapter, provided that the sign administrator shall conduct a hearing prior to the revocation of any permit authorized under this 106 chapter to determine the facts incident to the pending revocation. The person whose permit is under consideration shall be given at least ten calendar days'written notice of the hearing and shall be permitted to present relevant facts and legal argument regarding the pending revocation. Following such hearing, the sign administrator shall consider the merits of the case and shall present a written opinion prior to any action.However,if in the opinion of the sign administrator the health, safety or welfare of the citizens of the city is endangered by any violation of this chapter, the sign administrator may immediately revoke any or all permits authorized by this chapter and shall conduct the necessary hearing as soon as possible thereafter, but in no case later than three business days after the effective date of the revocation unless the affected permittee shall request in writing a later date. (5) The sign administrator shall have the authority to adopt regulations required to implement this division. (Code 1967, §25"z-4(c); Ord.No. 3593, § 1,4-14-83;Ord.No. 5472, §2,2-22-90) Sec. 118-64.Appeals. Any person wishing to appeal a decision of the sign administrator on the grounds that the decision misconstrues or wrongly interprets this chapter may,within 30 days after the decision,appeal the decision to the sign committee, provided that the appealing party shall give notice of appeal in writing to the city clerk no less than ten days following the decision appealed from. The appealing party shall comply with the sign administrator's decision pending appeal unless the sign administrator shall direct otherwise. (Code 1967, § 25 z-4(e); Ord.No. 3593, § 1,4-14-83;Ord.No. 5472, §2,2-22-90) Secs. 118-65-118-90. Reserved. VARIANCES Sec. 118-91. Submission of request. All requests for variances from this chapter shall be submitted in writing to the chief building official and shall demonstrate compliance with all of the requirements for a variance as set forth in this division. (Code 1967, § 251-i4(f)(6);Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, §2,2-22-90) Sec. 118-92.Criteria. The chief building official shall hear and render judgment on any request for variance from the requirements of this chapter only if: (1) The variance concerns the height restrictions of this chapter; (2) The proposed sign for which a variance is requested does not exceed 80 feet in height; (3) The sign for which a variance is requested is an on-premises sign; (4) There are no other signs on the same premises that exceed the height limitation of this chapter; and (5) The proposed sign for which a variance is requested will be located within 200 feet of the interstate highway system. (Code 1967, § 25''2 4(f)(1);Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, §2, 2-22-90; Ord.No. 8002, § 2, 6-12-97) 107 Sec. 118-93. Issuance. (a) Variances from this chapter shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of variance will not: a. Result in increased visual obstruction on any highway, street or road within the viewing area of such sign; b. Result in additional threats to public safety; C. Result in public expense; d. Create nuisances; e. Cause fraud on or victimization of the public; f. Be injurious to other property in the area; or g. Conflict with existing local laws or ordinances. (b) Pecuniary hardship to the property owner or sign owner shall not be sufficient reason,standing alone, to constitute hardship requiring a variance. (Code 1967, § 25'/z-4(f)(4); Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, § 2, 2-22-90) Sec. 118-94. Appeals. Under this division, any person aggrieved by the decision of the chief building official may appeal such decision to the city council. (Code 1967, § 25'h4(f)(2); Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, §2, 2-22-90) Sec. 118-95. Conditions for granting. Upon consideration of the factors noted in this division and the intent of this chapter,the chief building official or the city council may attach such conditions to the granting of variances as they deem necessary to further the purpose and objectives of this chapter. (Code 1967, § 25'/z-4(f)(3); Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, §2,2-22-90) Sec. 118-96.Nonconformities. If a sign built in nonconformance with this chapter as a result of a variance granted by the chief building official or city council is blown or knocked down or a substantial part of such sign is destroyed, damaged or taken down or removed for any purpose other than maintenance operations or for changing the letters, symbols or other matter on such sign, such sign shall not be reerected, reconstructed or rebuilt, except in full conformance with this chapter,unless another variance is requested by the owner and granted by the chief building official or the city council in conformance with this chapter. (Code 1967, § 25'/z-4(f)(5);Ord.No. 3593, § 1,4-14-83; Ord.No. 5472, § 2, 2-22-90) 108 Secs. 118-97-118-125. Reserved. PERMITS Sec. 118-126.Violations and penalties. (a) Generally. An offense under section 118-127 is a violation, and any person adjudged guilty shall be punished as provided in section 1-14. Each day such sign is erected,constructed,reconstructed,built, altered or maintained without a building permit or operated,used,or maintained without an operating permit shall constitute a separate offense.In addition,the city attorney is authorized to take all actions, both legal and equitable, civilly and criminally, necessary to ensure compliance with this chapter. However,it is an affirmative defense to prosecution under section 118-127 if a sign is excepted from having a permit under subsection(b),below. (b) Exceptions. No permit shall be required under this chapter for on-premises signs of the following descriptions,unless any such sign is a spectacular sign.Any sign listed hereunder shall be erected and maintained in a safe condition in conformity with the building code as well as the fire prevention code and rules and regulations for fire safety promulgated by the fire marshal,as applicable. (1) Signs painted on glass surfaces,windows or doors; (2) Wall signs not over 100 square feet in area; (3) Signs erected by the city, state(including its political subdivisions,such as counties and school districts), or the federal government or the lessees of such governmental entities for a public purpose; (4) Railroad signs placed or maintained in reference to the operation of the railway; (5) Legal notices and house numbers; (6) Ground signs that do not exceed four square feet in area and four feet in total height setting forth information concerning a building or other structure under repair or construction or advertising the sale or rental of the premises; (7) Signs marking utility or underground communication or transmission lines and hazards as required by law; (8) Temporary signs, provided the number of such signs on any premises does not exceed two in number and provided such signs are displayed on consecutive days,and for only a maximum of seven days in any 30-day period; (9) Signs setting forth the location of or directions to parking or buildings located on the premises, warning of on-premises obstacles or overhead clearances, or regulating the flow of on-premise traffic,including entrance and exit signs. Such directional signs may be lighted,consistent with other requirements for electrical signs in the code and all codes adopted thereby; (10) Signs displayed upon an operable motor vehicle or trailer; provided that such vehicle or trailer is not parked or located for the primary purpose of displaying the sign and is not parked on a site for a continuous period exceeding 72 hours; (11) Signs displayed upon an operable lighter-than-air or heavier-than-air aircraft; or (12) Signs which are mounted on the face of a building no higher than the roofline or form an integral part of a canopy or marquee entrance and are not over 100 square feet in area,provided that the number of such signs shall not exceed the number of entrances to such building; and 109 (13) Holiday displays or similar temporary displays erected without advertising; provided that such displays are erected no more than 45 days before and removed no later than 14 days after the national holiday. (Code 1967, § 25%2-5(C), (D); Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83; Ord.No. 4123, § 2,4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord.No. 7746, §§ 1,2,7-11-96; Ord.No. 8241, § 1, 3-26-98; Ord.No. 8408, § 1, 9-24-98) Sec. 118-127. Required. (a) Building permit required. It shall be unlawful for a person to intentionally or knowingly erect, construct,build,reconstruct or alter a sign without a prior written building permit for such sign from the sign administrator or for such person to maintain a sign so erected,constructed,built,reconstructed or altered without such permit. (b) Operatingpermit required. It shall be unlawful for a person to intentionally or knowingly operate,use or maintain a sign without first obtaining a written operating permit for such sign from the sign administrator. (Code 1967, § 25'/z-5(A);Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83; Ord.No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No. 7746, §§ 1, 2,7-11-96) Sec. 118-128. Operating permit application procedure. (a) The application for an operating permit required under this division shall be submitted in such form as the sign administrator may prescribe and shall be accompanied by drawings and descriptive data to verify compliance with this chapter. Permit applications for new ground signs when erected or constructed to heights exceeding 30 feet above the ground level or for new roof signs when erected or constructed to heights exceeding 30 feet above the ground level or for new roof signs when erected 30 feet above the roof level shall be accompanied by a drawing of the sign structure and the sign prepared by and certified by a professional engineer registered in the state.The sign administrator,at his option, may also require similar certification by a registered professional engineer where any unusual structural provisions of a proposed sign indicate such certification is necessary in the interest of public safety. (b) Every initial application for an off-premises sign shall be executed and verified under oath by both the owner of the premises upon which the sign is to be or has been constructed or the authorized lessee of such premises and the sign company. The applicant shall state in such application that the sign is authorized to be erected or to be thereafter maintained on the premises, and the application shall contain the sworn affidavit of the owner or lessee and the sign company that the sign does not violate any applicable deed restrictions or other similar restriction on the premises. Subsequent renewal applications for off-premises signs do not require the affidavit or signature of the landowner. (c) If the location,plans and specifications set forth in any application for a permit conform to all of the requirements of this chapter and other applicable provisions of the building code, the sign administrator shall issue the permit. (Code 1967, § 25'/z-5(E); Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83; Ord.No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No.7746, §§ 1, 2,7-11-96) 110 Sec. 118-129. Fees. (a) Required. Fees for the permits required under this division shall be paid to the inspections division as follows: (1) Construction permit. The fee for a construction permit shall be $0.60 per square foot for a permanent sign construction permit. (2) Operating permit. The fee for an operating permit shall be $25.00 plus $0.25 for each square foot or fraction thereof to the sign face in excess of 100 square feet. (b) Refund. The applicant for a permit or holder of a permit shall not be entitled to a refund of any fee paid if the permit is revoked. (Code 1967, § 25'i-5(K),(L); Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83; Ord. No.4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord.No. 7746, §§ 1, 2,7-11-96) Sec. 118-130. Bond; insurance. (a) Insurance. No sign permit shall be issued until a certificate of insurance evidencing at least the following coverage is filed: Commercial general liability insurance with an aggregate of$500,000.00 and a per occurrence limit of$250,000.00. (b) Insurance policy requirements. Such insurance shall be written by an insurance carrier licensed to do business in this state and shall provide that coverages afforded under the policy will not be canceled, suspended, voided or reduced until at least 30 days' prior written notice has been endeavored to be given to the city via certified mail,return receipt requested. (c) Removal bond. Each person applying for an operating permit for an off-premises sign shall furnish a bond with a surety licensed to do business in the state in the amount of $25,000.00, in a form determined by the city attorney, or post a deposit in such amount, as a guaranty of compliance with this chapter and other applicable laws, including the removal of signs when required. One removal bond shall be required for each operating permit issued.The city may draw against this bond to recover its cost of removing a sign as allowed by this chapter. (Code 1967, § 25'.i-5(M),(N); Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83;Ord.No.4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord.No. 7746, §§ 1, 2, 7-11-96;Ord.No. 8193, § 1,2-12-98; Ord.No. 8708, § 6,9-23-99) Sec. 118-131.Conditions for issuing operating permit. (a) Every sign must have an operating permit. (b) In order to receive an operating permit, every sign existing on April 14, 1983, must conform to the requirements of division 2 of article III of this chapter and sections 118-167 through 118-178 when an operating permit is issued. With reference to the remainder of this chapter, all signs existing on April 14, 1983,must conform to the requirements of this chapter as follows: (1) Existing portable signs must conform with the requirements of section 118-166 at the time an operating permit is issued. (2) All other existing signs need not conform if they were legally and properly permitted or legally and properly exempt from having a permit prior to April 14, 1983, provided that when constructed such signs were built in accordance with the building code. If such existing signs III were not legally erected and maintained prior to April 14, 1983, they shall conform to the requirements of this chapter before an operating permit may be issued. (3) Signs previously erected or in the process of being erected in an unincorporated area and the area is thereafter annexed by the city shall be considered as existing sign under this subsection. However,the date of the first publication of notice for a public hearing,as required by V.T.C.A., Local Government Code §§ 43.052 and 43.053, regarding the proposed annexation of the area wherein such signs are located shall, for the purposes of this chapter,be considered the date of passage of this chapter to determine the applicability of this chapter to such signs. Any sign required by any proper authority to be licensed or permitted in an unincorporated area and not so licensed or permitted when such area is annexed by the city shall not be considered to have been legally permitted for the purposes of this subsection. (c) When any sign or a substantial part of a sign is destroyed,damaged or taken down or removed for any purpose other than maintenance operations or for changing the letters,symbols or other matter on such sign,it shall not be reerected,reconstructed or rebuilt,except in full conformance with this chapter.A sign or substantial part of it is considered to have been destroyed only if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. (Code 1967, § 25'h-5(G);Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83;Ord.No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No.7746, §§ 1, 2,7-11-96) Sec. 118-132. Term and renewal of operating permit. Each operating permit issued under this division shall be effective for a period of two years.Not less than 30 days or more than 60 days prior to the conclusion of each two-year period,application may be made for a new permit. Such application shall be submitted in such form as the sign administrator may prescribe, accompanied by payment of applicable fees, and shall be executed, verified and shall contain the sworn affidavit described in subsection 118-128(b). If the application for extension of the permit fully meets the requirements of applicable law in effect at the time of such application,the sign administrator shall issue a new permit for a two-year period or such other time as may be required by law. Operating permits shall be obtained from the sign administrator not later than three days after final structural approval. (Code 1967, § 25'/z-5(F); Ord. No. 3593, § 1,4-14-83; Ord. No. 3705, § 1, 10-27-83; Ord.No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No. 7746, §§ 1, 2,7-11-96) Sec. 118-133. Subterfuge. Any permit required under this division that,in the opinion of the sign administrator,has been secured through subterfuge and not in full compliance with this chapter shall be revoked by the sign administrator. Such revocation shall conform with subsection 118-63(4)regarding notice and hearing. (Code 1967, § 25'h-5(H);Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83;Ord.No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No.7746, §§ 1,2,7-11-96) Sec. 118-134. Identification of signs. Under this division, every sign for which a permit is required shall be plainly marked with the name and address of the owner, lessee or the sign company erecting and maintaining the sign and shall have affixed on the front thereof or on some other location so as to be conspicuous and easily identifiable from an adjacent public street an individually numbered sticker,tag or token provided by the city. 112 (Code 1967, § 25%-5(I);Ord.No. 3593, § 1,4-14-83; Ord.No.3705, § 1, 10-27-83;Ord.No.4123, §2,4- 11-85;Ord.No. 5360, § 1, 9-14-89; Ord.No. 5493, §§ 1, 2, 3-8-90;Ord.No. 7215, § 1, 1-26-95; Ord.No. 7746, §§ 1,2,7-11-96) Sec. 118-135.Time limits for completion of construction. Any permit for a sign shall become null and void unless construction of the sign is completed within 180 days or the permit is renewed for an additional 180 days, in which case an additional fee shall be payable equal to one-half the original fee paid,and the proposed sign shall meet all of the requirements of this chapter on the date of renewal. (Code 1967, §25%-5(J);Ord.No. 3593, § 1,4-14-83;Ord.No. 3705,§ 1, 10-27-83;Ord.No.4123, §2,4- 11-85; Ord.No. 5360, § 1,9-14-89; Ord.No. 5493, §§ 1, 2, 3-8-90;Ord.No. 7215, § 1, 1-26-95; Ord.No. 7746, §§ 1,2,7-11-96) Sec. 118-136. Electrical signs. Any electrical sign shall conform fully to the requirements of the city electrical code and shall receive a permit under article III of chapter 18. (Code 1967, § 25'/Z-5(0); Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83; Ord.No.4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No. 7746, §§ 1, 2,7-11-96) Sec. 118-137. Church signs. Any sign owned by a church shall be required to meet all appropriate sections of this chapter,except that the sign shall be exempt from the renewal operating permit fee required in section 118-132. (Code 1967, § 25'/Z-5(P); Ord.No. 3593, § 1,4-14-83; Ord. No. 3705, § 1, 10-27-83; Ord.No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No. 7746, §§ 1,2, 7-11-96) Sec. 118-138. Temporary use directional signs. No permit shall be required under this chapter for a temporary use directional sign, which may be located within the rights-of-way along city streets,provided that such signs do not cause a visual obstruction as stated in section 122-3 and are not located in a median.Temporary use directional signs may be displayed from 12:00 noon Friday until 12:00 noon the following Monday only. Such signs shall not exceed 24 inches by 30 inches in size and shall not be installed more than four feet above grade. Such signs shall have a minimum separation of 25 feet and signs for any one advertiser must be at least 200 feet apart.A temporary use directional sign not erected in strict conformity with this section is a violation hereof and, therefore, subject to the penalties stated in section 118-3. (Code 1967, § 25%2-5(Q);Ord.No. 3593, § 1,4-14-83; Ord.No. 3705, § 1, 10-27-83; Ord.No.4123, § 2, 4-11-85; Ord.No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No. 7746, §§ 1, 2,7-11-96;Ord.No. 8408, § 2, 9-24-98) Sec. 118-139. Political signs. (a) Private property. No permit shall be required under this chapter for a sign that contains primarily a political message and that is located on private real property with the consent of the property owner, provided that such sign: (1) Does not have a surface area greater than 36 feet,excluding the sign structure; 113 (2) Is not more than eight feet high; (3) Is not illuminated;and (4) Has no moving elements. As used in this subsection,"private real property"does not include real property subject to an easement or other encumbrance that allows the city to use the property for a public purpose. (b) Public property. (1) Prohibited. Except as provided in subsection(b)(2)of this section,a sign that contains primarily a political message is prohibited on public property,including the rights-of-way. (2) Exception. A sign that contains primarily a political message may be located in a designated area at least 100 feet from the main entrance to a polling place during a voting period at such polling place. An area may be designated by the city manager when a city facility is used as a polling place or by an official of another governmental entity when such entity's facility is used as a polling place.As used in this subsection,"voting period"means the continuous period beginning on the date that the polls are open for voting and ending on the date when the polls at such location are closed or the last voter has voted,whichever is later. (3) Removal. The sign administrator may remove and dispose of any political sign placed on public property or within the public rights-of-way. (Ord.No. 8408, § 3,9-24-98; Ord.No. 8580, § 1, 5-13-99;Ord.No. 12,318, § 1, 8-22-13) Secs. 118-140-118-165. Reserved. Division III.REGULATIONS GENERALLY Sec. 118-166.Portable signs. (a) It shall be unlawful to place or maintain a portable sign at any location, unless the sign has a permit as described in division 4 of article III of this chapter. (b) A person applying for an operating permit for a portable sign must meet the following requirements to be given a permit; after receiving a permit, failure to maintain a portable sign in compliance with the following requirements shall be cause for the sign administrator to revoke the permit for the sign: (1) Every portable sign mounted on a trailer shall be equipped with a trailer hitch and locking device approved by the sign administrator to hold the trailer in a securely locked position during transport. All such hitching equipment shall also comply with all applicable federal, state and local laws regulating such; (2) Every portable sign not in transit shall be securely anchored to the ground by cables, ground supports or other means acceptable to the sign administrator to prevent such sign from being blown from the site.The sign shall be constructed in a manner to prevent letters or pieces of the sign from falling off the sign or from being blown off the sign by wind; (3) Portable signs shall, for the purposes of this chapter, be considered nonmobile, nonportable ground signs and thereby are subject to all sections of this chapter, including the structural requirements,spacing requirements,permitting and fee requirements,on-premises sections,and all other sections of this chapter applicable to ground signs,unless a section which applies by its terms to portable signs is in conflict with a section applying to ground signs, in which case the section applying specifically to portable signs would control; 114 (4) Portable signs are prohibited from having any flashing or blinking lights; and (5) All electrically illuminated portable signs must be wired through operable ground-fault circuit interrupters. (c) A portable sign operating permit is nontransferable, i.e., a permit issued for one sign cannot be used on another sign. (Code 1967, § 25%-12; Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 7,4-11-85) Secs. 118-167, 118-168.Reserved. Editor's note(s)—Ord.No. 8408, §§4,5,adopted Sept.24, 1998,repealed §§ 118-167 and 118-168 which pertained to Christmas displays and political signs,respectively,and derived from Code 1967,§25yz- I I(a)and Ord.No. 3593, § 1,adopted April 14, 1983. Sec. 118-169. Location on public rights-of-way. (a) It shall be unlawful to place a sign upon a public street,public sidewalk,public alley,public right-of- way,public curb or other public improvement in any public street or grounds;on any public bridge or part of a bridge;on any public building or structure of any kind belonging to the city; or in any public place or on any public improvement unless express consent therefor shall have been first granted by the city council. However, coin-operated devices used to display and vend newspapers may be so placed,so long as they are not placed to impede vehicular or pedestrian traffic. This subsection does not apply to public property leased for private business purposes or to permitted garage sale signs, temporary directional signs,political signs and off-premises signs for city sponsored or co-sponsored events erected in accordance with this chapter. (b) Signs placed in violation of this section are abandoned trash at the time of posting and are hereby declared a nuisance to the public health, safety and welfare and may be confiscated and disposed of immediately and without notice. (c) The sign administrator, employees of the police department, the department of public works, the department of planning and community development,the department of parks and recreation,and the department of health are authorized,without notice,to confiscate,remove,and discard any sign found placed in violation of this section. (d) The primary beneficiary of any sign installed in violation of this section is presumed to have authorized or caused the installation, use, or maintenance of the sign in violation of this section and commits an offense. (Code 1967, § 25'h-11(c);Ord.No. 3593, § 1,4-14-83; Ord.No. 13,751 , § 1,4-26-18) Sec. 118-170. Location on private property. It shall be unlawful for a person to intentionally or knowingly erect or maintain a sign on or above private property he has no right to occupy without the written consent of the owner of such property. (Code 1967, §25'/z-11(d);Ord.No. 3593, § 1,4-14-83) Sec. 118-171. Resemblance to official signs. No sign shall be constructed that resembles any official marker erected by the city, state or any governmental agency or that,because of position,shape or color,would conflict with the proper functioning of any traffic sign,signal or that,by its shape or color,would conflict with or be confused with emergency vehicle lights,especially blinking lights.Use of a word such as "stop," "look,""danger,"or any other word, phrase,symbol or character in such a manner as to interfere with,mislead or confuse traffic is prohibited. 115 (Code 1967, §25'/2-11(e); Ord.No. 3593, § 1,4-14-83) Sec. 118-172.Location on traffic islands. (a) Signs are prohibited on traffic islands,being areas less than 5,000 square feet entirely bounded by or located within the curblines of a public street. Signs are prohibited on any area having a minimum distance of less than 50 feet between the curblines of any street. (b) It shall be an exception to subsection(a)of this section if: (1) The sign: a. Denotes the entrance to a platted and recorded subdivision; b. Does not contain commercial advertising or other signs; C. Is located on property owned by the homeowners'association of the platted and recorded subdivision; d. Is maintained by the homeowners'association; e. Is set back at least three feet from each curbline of the width of the traffic island and at least 25 feet from the curbline of the traffic island closest to the intersecting street, and depicted as follows: 3 2s rae: Sign C 3 feet traffic island f. Is not within a public right-of-way; g. Does not create a visual obstruction as described in section 122-3 of this Code;and h. Complies with all other provisions of this Code; and (2) The final plat of the subdivision includes verbiage approved by the city attorney which results in the traffic median being dedicated, without consideration, to the public at the option of the city should the sign or traffic island fail to be maintained or cause a visual obstruction;and (3) A person who sells or conveys property in the platted and recorded subdivision tenders written notice to the purchaser as prescribed in subsection(c)of this section. (c) The notice in subsection(b)(3)shall be executed by the seller and purchaser and shall read as follows: The real property, described below, that you are about to purchase is located within a platted and recorded subdivision,whose homeowners'association owns and is responsible for the maintenance of 116 the traffic island and the sign thereon. Failure to maintain the traffic island or the sign in a timely manner as determined by the city may result in the dedication of the traffic island and sign to the public without further consideration. Additionally such dedication to the public may occur if the sign creates a visual obstruction as determined by the city. The legal description of the property you are acquiring is as follows: Signed this the day of ,20_ Signature of Seller The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Signed this the day of ,20_ Signature of Purchaser (d) The notice in subsection(b)(3): (1) Shall be applicable to executory contract of purchase and sale having a performance period of more than six months; (2) Shall not be applicable to: a. Transfers of title under any type of lien foreclosure; b. Transfers of title by deed in cancellation of indebtedness secured by a lien upon the property conveyed; or C. Transfers of title by reason of a will or probate proceedings. (3) Be executed and acknowledged at or before closing by the seller and the purchaser and recorded in the deed records of the county in which the property is located. (e) The determination regarding the proper maintenance and regarding the creation of a visual obstruction shall be made by the city manager. (Code 1967, § 25%-11(f);Ord.No. 3593, § 1,4-14-83; Ord.No.9493, § 1, 1-9-03) Sec. 118-173. Obstructions. (a) No sign shall be erected, constructed or maintained so as to obstruct any means of egress or any opening necessary for required light,ventilation or firefighting or for escape from the premises or so as to prevent free passage from one part of a roof to any other part thereof. (b) No sign shall be attached to any exterior stairway, fire escape,fire tower balcony or balcony serving as a horizontal exit. (c) No sign shall be erected, constructed or maintained so as to interfere with the free operation of a counterbalanced section of a fire escape, and no projecting sign shall be erected, constructed or maintained without a minimum of seven feet of clearance over any such counterbalanced section. (d) No sign shall obstruct the free use of any window above the first story. (Code 1967, § 25'/Z-11(g); Ord.No. 3593, § 1,4-14-83) 117 Sec. 118-174. Use of motion picture machines. No sign shall employ a stereopticon, motion picture machine or other type of video display capable of displaying moving video,even if the message is stationary. (Code 1967, § 25'/2-11(h);Ord.No. 3593, § 1,4-14-83; Ord.No. 10,894, § 3,5-19-08) Sec. 118-175. Creation of easement. No permit for a sign extending beyond private property onto a public street,public sidewalk or public alley shall constitute a permanent easement,and every such permit shall be revocable at any time by action of the city council.The city shall not be liable for any damages to the owner because of such revocation. (Code 1967, § 25'/z-11(i);Ord.No. 3593, § 1,4-14-83) Sec. 118-176. Change of ornamental features,electric wiring or advertising display. No sign permit is required for the change of any of the ornamental features or devices or the advertising display of a sign previously permitted.This section shall not release a person from complying with all other applicable permitting requirements of the city, including those of the city building code and the city electrical code. (Code 1967, § 25'/z-110);Ord.No. 3593, § 1,4-14-83 Ord.No. 12,734, § 3, 12-11-14) Sec. 118-177. Obscuring or interfering with view. Signs may not be located or illuminated in such a manner as to: (1) Obscure or otherwise interfere with the effectiveness of an official traffic sign,signal or device; (2) Obstruct or interfere with the view of a driver of approaching, emerging or intersecting traffic from any street or driveway; (3) Prevent any traveler on any street from obtaining a clear view of approaching, emerging or intersecting traffic from any street or driveway; or (4) Prevent any traveler on any street or driveway from obtaining a clear view of approaching vehicles for a distance of 250 feet along the street. (Code 1967, § 25'/z-11(k); Ord.No. 3593, § 1,4-14-83) Cross reference(s)—Visibility triangle, § 118-362. Sec. 118-178. Shielding of lighted signs. A sign containing lights that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way from which the sign is primarily viewed and that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or that otherwise interferes with any driver's operation of a motor vehicle is prohibited. (Code 1967, § 25'/z-1l(1);Ord.No. 3593, § 1,4-14-83) Sec. 118-179. Spectacular signs. The following types of spectacular signs are prohibited: (1) Signs with strobe,rotating strobe, or blinking strobe lights; (2) Signs with flashing spotlights,rotating spot lights or blinking spotlights; 118 (3) Automatically changeable advertising signs which display more than one message every three seconds; (4) Flashing lights with bulbs of greater than 15 watts; (5) Signs employing a stereopticon,motion picture machine or other type of video display capable of displaying moving video, even if the message is stationary; (6) Signs consisting of a static image projected upon a stationary object; (7) Signs which move or contain visible moving parts, including tn-vision signs with rotating slat messages;and (8) Signs placed perpendicular to the roadway with the exception of automatically changeable advertising which display no more than one message every three seconds. (Code 1967, § 25'2-11(m); Ord.No. 3593, § 1,4-14-83; Ord.No. 9043, § 1, 11-30-00; Ord.No. 10,894, § 4, 5-19-08) Secs. 118-180-118-205. Reserved. MAINTENANCE AND REMOVAL Sec. 118-206. Maintenance. All signs shall be kept in good repair and,unless of galvanized or noncorroding metal or treated with appropriate wood preservative, shall be thoroughly painted as often as is necessary, consistent with good maintenance. All braces, belts, clips, supporting frames and fastenings shall be free from deterioration, termite infestation,rot or loosening.All signs shall be able to withstand safely at all times the wind pressure specified in this chapter. If any sign is not so maintained,the sign administrator shall give written notice to the owner or lessee thereof to so maintain the sign or to remove the sign. (Code 1967, § 251/2-6(a); Ord.No. 3593, § 1,4-14-83; Ord.No. 5493, § 3, 3-8-90) Sec. 118-207. Unsafe signs. If any sign, in the opinion of the sign administrator, becomes insecure or in danger of falling or otherwise unsafe,the sign administrator shall give written notice of the condition of the sign to the person owning,leasing or responsible for the sign.The person so notified shall correct the unsafe condition of the sign in a manner to be approved by the sign administrator in conformity with this chapter. (Code 1967, § 25'•i-6(b); Ord.No. 3593, § 1,4-14-83; Ord.No. 5493, § 3, 3-8-90) Sec. 118-208. Unlawful signs. If any sign shall be installed,erected,constructed or maintained in violation of any of the terms of this chapter, the sign administrator shall give written notice to the owner, lessee or person responsible for the sign, ordering the owner, lessee or person to alter the sign so as to comply with this chapter or to remove the sign. (Code 1967, § 25ki-6(c); Ord.No. 3593, § 1,4-14-83;Ord.No. 5493, § 3,3-8-90) Sec. 118-209. Abandonment of sign structures. Any sign structure lawfully erected and maintained that has no copy,transcript,reproduction,model, likeness, image,advertisement or written material for a period of 120 consecutive days is declared to be a violation of this division and as such shall be restored to use or removed by the owner or permittee within 119 30 days after notice by the sign administrator of such violation.If the owner or permittee fails to restore the sign structure to use or to remove the abandoned sign structure within the specified 30 days, the sign administrator shall remove the abandoned sign structure at the property owner's expense. (Code 1967, § 25%2-6(d); Ord.No. 3593, § 1,4-14-83; Ord.No. 5493, § 3, 3-8-90) Sec. 118-210. Removal. Any written notice to alter or to remove a sign shall be given by the sign administrator by certified mail or written notice served personally upon the owner, lessee or person responsible for the sign or the owner's agent. If compliance with such order is not completed within ten days,the sign administrator shall initiate proceedings under subsection 118-63(4)to revoke the permit and remove the sign at the expense of the owner,lessee or person responsible therefor. (Code 1967, § 25'/2-6(e); Ord.No. 3593, § 1,4-14-83;Ord.No. 5493, § 3, 3-8-90) Sec. 118-211. Maintaining sign after notice of violation. It shall be unlawful for a person to intentionally or knowingly maintain a sign in violation of this division for which a written notice is issued by the sign administrator citing such violation. (Code 1967, § 25'h-6(f); Ord.No. 3593, § 1,4-14-83;Ord.No. 5493, § 3, 3-8-90) Sec. 118-212.Obsolete signs. Any on-premises sign that no longer advertises a bona fide business or that has become dysfunctional due to closing of a business or for any other reason that renders the sign nonapplicable to the property involved is considered an obsolete sign. The sign administrator may require that all obsolete signs be removed or rendered blank by the property owner within 30 days from the date of the action that caused the sign to be considered obsolete. If the owner fails to remove or render blank the sign within the 30 days, the sign administrator shall notify the owner by certified mail to correct the violation within ten days after receipt of notification of violation. If the owner does not correct the violation, the sign administrator shall remove the sign at the property owner's expense. (Code 1967, § 25'/z-6(g); Ord.No. 3593, § 1,4-14-83;Ord.No. 5493, § 3,3-8-90) Secs. 118-213-118-240. Reserved. CONSTRUCTION AND STRUCTURAL REQUIREMENTS Sec. 118-241. Design. (a) Generally. All signs and sign structures shall be designed and constructed to resist wind forces as specified in this division. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof.The overturning movement produced from lateral forces shall in no case exceed two-thirds of the dead-load resisting moment for all signs. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building for all signs. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted. The allowable stresses in wire ropes and steel guy rods and their fastenings shall not exceed one-fourth of their rated tensile strength. (b) Wind loads. All signs and sign structures shall be designed to resist wind loads as follows: 120 WIND LOAD PRESSURES FOR ALL SIGNS Height Above Pressure Ground (In Pounds per (In Feet)* Square Foot) 0-30 20 31-50 25 51-99 35 100-199 45 200-299 50 300-399 55 400-500 60 501-800 70 Over 800 177 *Measured above the average level of the ground adjacent to the structure. (c) Vertical design loads. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind loads. (d) Working stresses. All signs shall be designed to conform with the requirements of the building code regarding allowable working stresses.The working strength of chains,cables,guys or steel rods shall not exceed one-fifth of the ultimate strength of such chains,cables,guys or steel rods. (Code 1967, § 25'V2-7(A); Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord. No. 6047, §§ 1, 2, 10-22-91) Sec. 118-242. Construction. (a) Generally. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built,constructed and erected in conformance with the requirements of the building code and this chapter. If any inconsistency occurs between this chapter and the building code, this chapter controls. (b) Materials. Materials for construction of all signs and sign structures shall be of the quality and grade as specified for buildings in the building code and consistent with the fire prevention code. (c) Nonstructural trim.Nonstructural trim and portable display surfaces may be of wood,metal,approved plastics or any combination thereof,consistent with the fire prevention code. (d) Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction,horizontal or vertical,shall not exceed the safe values stated in subsection 118-241(a). All ground signs shall be anchored to resist the wind load specified in subsection 118-241(b)acting in any direction.Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force 25 percent greater than the required resistance to overturning. (e) Signs attached to masonry. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors,bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. 121 (f) Wooden blocks. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except for signs attached to wood framing. Whenever anchors or supports consist of wood embedded in the soil, the wood shall be pressure treated with a preservative approved by the sign administrator. (g) Unbraced parapet wall. No anchor or support of any sign will be connected to or supported by an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified in the building code. (h) Display surfaces.Display surfaces in all types of signs may be made of metal,wood,glass or approved plastics as noted in section 118-244,unless otherwise prohibited in this division or prohibited by the fire prevention code. A sign designed so that the message can be changed by the use of removable letters shall be constructed in a manner to prevent letters or pieces of the sign from falling off the sign or from being blown off the sign by wind. (i) Glass. Glass thickness and area limitations shall be as follows: SIZE,THICKNESS AND TYPE OF GLASS PANELS IN SIGNS Maximum Size of Exposed Glass Panel (Any Dimension Area) In Inches In Minimum Type of Glass Thickness Square of Glass Inches (In Inches) 30 500 '/8 Plain, Plate or W 45 700 3/16 Plain,Plate or W 144 3,600 '/< Plain,Plate or W Over 144 Over 3,600 '/ Plain,Plate or W (Code 1967, § 25'/z-7(B); Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord. No. 6047, §§ 1, 2, 10-22-91) Sec. 118-243. Electrical requirements. (a) All electrical fixtures, equipment and appurtenances installed in conjunction with a sign shall be designed and installed in accordance with the electrical code. (b) With the exception of electrical signs covered by subsection 118-334(3), all electrical signs shall be limited to bulbs of 150 watts for bulbs located in the face of the sign, shall be limited to lighting circuits of 270 volts, shall contain a sunshade screen dimmer and shall not use reflectorized lights as part of the face of the sign.For the purpose of this subsection,reflectorized lights shall mean any lamp constructed with reflector-type materials so as to focus,intensify,flood or spot such lamp in a certain 122 direction,including but not limited to lamps designated by the manufacturers as flood,spot,reflector or flood,reflector light or clear reflector. (Code 1967, § 25'h-7(C); Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-244.Use of plastic materials. (a) The following words,terms and phrases,when used in this section, shall have the meanings ascribed to them in this subsection,except where the context clearly indicates a different meaning: Display surface means the entire surface of a sign, on one side, devoted to exhibiting or contrasting exhibits of advertising. The display surface shall generally include the entire sign surface except for the sign frame and incidental supports thereto. Sign facing or facing means a separate and distinguishable portion of the overall display surface. (b) Notwithstanding any other section of this Code,plastic materials that burn at a maximum rate of 2% inches per minute, in sheets of 0.060 thickness when tested in accordance with the Test for Flammability of Rigid Plastics Over 0.050 Inches in Thickness,ASTM D635-1974,shall be deemed "approved plastics" for the purposes of this chapter and may be used as the display surface material and for the letters, decorations and facings on signs,provided that the structure of the sign in which the plastic is mounted or installed in noncombustible. (c) Individual plastic facings of electrical signs shall not exceed 200 square feet in area. If the area of a display surface exceeds 200 square feet, the area occupied or covered by approved plastics shall be limited to 200 square feet plus 50 percent of the difference between 200 square feet and the total square footage area of the sign. (d) The area of plastic on the display surface shall not in any case exceed 550 square feet. (e) Letters and decorations mounted upon an approved plastic facing or display surface shall be made of approved plastics. (Code 1967, § 25k2-7(D); Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-245. Height limitations. (a) Generally. Except as stated in this section,no ground sign shall be established,constructed or erected that exceeds an overall height of 42'.12 feet,including cutouts extending above the rectangular border, measured from the highest point on the sign to the grade level of the ground surface in which the sign supports are placed. Signs located immediately adjacent to an overpass or elevated roadway may be constructed in excess of the limitation of 42'2 feet,but the highest point of the sign may not be greater than 25 feet above the road level of such overpass or elevated roadway,such measurement to be made from the closest point of the roadway to such sign.A roof sign having a tight or solid surface shall not at any point exceed 24 feet above the roof level. Projecting signs shall be a minimum of 14 feet in height above grade. These height limitations shall not apply to on-premises signs lawfully permitted or lawfully erected on April 14, 1983. (b) Exception. On-premises signs may be constructed 80 feet in height if located within 200 feet of the interstate highway system. Only one 80-foot sign shall be permitted on one parcel of property. (Code 1967, § 25'2-7(E); Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91;Ord.No. 8002, § 3, 6-12-97) 123 Sec. 118-246. Size limitations. (a) Generally. Except as stated in this section, no on-premises sign other than an on-premises wall sign shall be established,constructed or erected that has a face area exceeding 300 square feet, including cutouts,but excluding uprights,or that has face dimensions that exceed 15 feet in height or 30 feet in width.No off-premises sign shall be established,constructed or erected that has a face area exceeding 672 square feet,including cutouts,but excluding uprights.No double-faced off-premises sign shall be established,constructed or erected unless each face is 75 square feet or less and the faces are abutting on one edge. Temporary space extensions may be added to off-premises signs for a period not to exceed 90 days. These size limitations shall not apply to signs lawfully permitted or lawfully erected on April 14, 1983. (b) Multioccupancy. An on-premises sign located within 200 feet of the interstate and freeway primary system and advertising multioccupancy shall not exceed 600 square feet.None of the multioccupancy signs shall exceed 300 square feet. (Code 1967, § 25'/z-7(F); Ord. No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-247. Method of determining area. In determining the area of any sign,the dimensions of the rectangle enclosing the signboard,excluding the supporting structure, shall be used. If the sign includes cutouts or facings extending beyond the dimensions of the rectangular signboard, the measurement of sign area shall include the actual area of the cutout or extended facing. For signs of a double-faced, back-to-back or V-type nature, each face shall be considered as separate signs in computing the face area. (Code 1967, § 25'/z-7(G);Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-248. Clearances. (a) Signs shall be located a minimum distance of eight feet measured horizontally and 12 feet measured vertically from overhead electric conductors that are energized in excess of 750 volts. The term "overhead conductors," as used in this subsection, means any electrical conductor, either bare or insulated,installed above the ground. (b) No portion of a sign or sign structure shall project into any public alley, unless the portion is a minimum of 14 feet in height above grade. (Code 1967, § 25%-7(H); Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-249. Fire prevention requirements. (a) The following words,terms and phrases,when used in this section, shall have the meanings ascribed to them in this subsection,except where the context clearly indicates a different meaning: Combustible material means material more flammable than metal,but no more flammable than wood or approved plastic, as that term is defined in subsection 118-244(b). No material more flammable than wood or approved plastic shall be used in any sign. Noncombustible material means material no less flammable than steel,iron or other similar metal,or as the term shall be otherwise defined by the city fire or building code or by the sign administrator; noncombustible materials include incombustible material. 124 (b) When signs are required in this chapter to be constructed of noncombustible material,all parts of such signs, including the sign structures, shall be of noncombustible material, except that the following parts made out of combustible material shall be permitted: (1) Small ornamental moldings,battens,cappings and nailing strips; (2) Individual letters,symbols,figures and insignia supported by or within a noncombustible frame or a permitted combustible facing as permitted by this division; (3) Portions of each face of a sign,up to but not exceeding 100 square feet of facing,as long as the total area of facing for such sign does not exceed 200 square feet; and (4) Wood posts and braces for signs whose surface is no more than ten feet six inches in height when such signs are determined to be nonhazardous by the sign administrator, based on health and safety considerations, including but not limited to their location, their proximity to other flammable materials, their proximity to occupied structures and their proximity to necessary firefighting equipment. (c) Subject to the specific exceptions stated in this division or as otherwise stated in this chapter,all roof signs,projecting signs and marquee signs shall be constructed of noncombustible materials. (Code 1967, §25'/z-7(I);Ord.No. 3593, § 1,4-14-83;Ord.No.4123,§ 3,4-11-85;Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-250. Ground signs. (a) Lighting reflectors on ground signs may project beyond the face of the sign. (b) Every ground sign shall provide rigid construction to withstand wind action in all directions. (c) Any person, including the owner, lessee or other person, using any vacant lot or premises for the location of a ground sign shall keep such premises clean, sanitary, inoffensive and free and clear of all obnoxious substances,unsightly conditions and remnants of replaced sign faces on the ground in the vicinity of such ground signs. (Code 1967, §25%-7(J); Ord.No. 3593, § 1,4-14-83;Ord.No.4123, §3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-251. Wall signs. (a) Wall signs attached to exterior walls of solid masonry,concrete or stone shall be safely and securely attached to such by means of metal anchors,bolts or expansion screws of not less than three-eighths- inch in diameter and shall be embedded at least five inches. Wood blocks shall not be used for anchorage, except for wall signs attached to buildings with walls of wood. A wall sign shall not be supported by anchorages secured to an unbraced parapet wall. (b) The surface face of all sign bulletins must be of sheet metal. (Code 1967, § 25'IZ-7(K);Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-252. Roof signs. (a) All roof signs shall be so constructed as to leave a clear space of not less than six feet between the roof level and the lowest part of the sign and shall have at least five feet of clearance between the vertical supports thereof;provided,however,no portion of any roof sign structure shall project beyond an exterior wall. 125 (b) Every roof sign shall be constructed entirely of steel,including the upright supports and braces. (c) The bearing plates of all roof signs shall distribute the load directly to or upon masonry walls, steel roof girders,columns or beams.The building shall be designed to avoid overstress of these members. (d) All roof signs shall be thoroughly secured to the building upon which they are installed, erected or constructed by iron, metal anchors, bolts, supports, chains, stranded cables, steel rods or braces, and they shall be maintained in good condition as set forth in section 118-206. (Code 1967, § 25'h-7(L); Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-253.Projecting signs. (a) All projecting signs shall be constructed entirely of metal or other noncombustible material and shall be securely attached to a building or structure by metal supports such as bolts, anchors, supports, chains, guys or steel rods. Staples or nails shall not be used to secure any projecting sign to any building or structure. (b) The dead load of projecting signs, not parallel to the building or structure, and the load due to wind pressure shall be supported with chains, guys or steel rods having a net cross sectional dimension of not less than three-eighths-inch in diameter. Such supports shall be erected or maintained at an angle of at least 45 degrees with the horizontal to resist the dead load and at an angle of 45 degrees or more with the face of the sign to resist the specified wind pressure.If such projecting sign exceeds 30 square feet in one facial area,there shall be provided at least two such supports on each side of the sign not more than eight feet apart to resist the wind pressure. (c) All supports shall be secured by an expansion shield to a bolt or expansion screw of such size that will develop the strength of the supporting chain, guys or steel rods, with a minimum five-eighths-inch bolt or lag screw. Turnbuckles shall be placed in all chains, guys or steel rods supporting projecting signs. (d) Chains, cables, guys or steel rods used to support the live or dead load of projecting signs may be fastened to solid masonry walls with expansion bolts or by machine screws in or on supports,but such supports shall not be attached to an unbraced parapet wall. Where the supports must be fastened to walls made of wood,the supporting anchor bolts must go through the wall and be plated and fastened on the wall in a secure manner. (e) A projecting sign shall not be erected on the wall of any building so as to project above the roof or cornice wall or above the roof level where there is no cornice wall. (f) A projecting sign shall have a clearance of 14 feet above the right-of-way and may not extend more than ten feet from the building wall or structure or within two feet of a curbline. (g) If a curbline is altered,such projecting sign that fails to meet the requirements of this section shall be altered or removed at the owner's expense. (Code 1967, § 25%-7(M); Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-254.Marquee signs. Marquee signs shall be constructed entirely of metal or noncombustible material and may be attached to or hung from a marquee.The lowest point of a sign hung from a marquee shall be at least ten feet above the sidewalk or ground level,and such signs shall not extend or project beyond the corners of the marquee. Marquee signs may be attached to the sides and front of a marquee,and a sign may extend the entire length 126 and width of the marquee,provided that no sign shall extend more than six feet above or one foot below such marquee or have a vertical dimension greater than eight feet. (Code 1967, § 25%2-7(N); Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Sec. 118-255.V-type or back-to-back construction. (a) The angle between the faces of V-type signs shall be no greater than 45 degrees measured back to back, and if the area of each face is 300 square feet or less,the maximum distance at the nearest point between the two backs, as measured at the apex, shall not exceed 1'h feet. If the area of either face exceeds 300 square feet,the maximum distance between the two backs,as measured at the apex,shall not exceed 3'/2 feet. (b) Back-to-back signs must be on common supports. If the area of each is 300 square feet or less, the nearest point between the two backs shall not exceed five feet, plus the diameter of the intervening upright or support. (Code 1967, § 25'/z-7(0); Ord. No. 3593, § 1,4-14-83; Ord.No.4123, § 3,4-11-85; Ord.No. 6047, §§ 1, 2, 10-22-91) Secs. 118-256-118-285. Reserved. LOCATION Subdivision I.In General Secs. 118-286-118-305. Reserved. Subdivision II. Scenic or Historic Areas Sec. 118-306.Applicability. (a) This subdivision shall govern the designation of scenic or historic rights-of-way or districts within the city limits. (b) This subdivision shall not apply to signs lawfully erected and lawfully existing on April 14, 1983,that are on the federal aid primary system and subject to regulation under the Texas Litter Abatement Act, V.T.C.A.,Transportation Code § 391.001 et seq.,including all amendments(the state act),or that are subject to regulation under the Federal Highway Beautification Act,23 USC 131 et seq.,including all amendments(the federal act). (Code 1967, § 25%-8;Ord.No. 3593, § 1,4-14-83; Ord.No. 8002, §4, 6-12-97) Sec. 118-307.Petition. Citizens of the city may petition the city council to designate any area or any public right-of-way within the city as a scenic or historic right-of-way or district.Any such petition must meet the requirements of this section to be considered by the city council.The petition shall: (1) Contain the signatures of property owners whose property fronts on either side of the right-of- way proposed for designation or who own property in the area proposed for designation as a district and who represent 51 percent of the total front footage along the right-of-way or 51 percent of the total area; 127 (2) Contain the signatures of at least 1,000 citizens of the city, each of whom was above the age of 18 years old when signing the petition; (3) Indicate that the signatures thereon were collected within a 60-calendar-day period; and (4) Indicate that the signatories thereon desire the area or right-of-way to be designated a scenic or historic right-of-way or district. (Code 1967, §25'h-8(a); Ord.No. 3593, § 1,4-14-83) Sec. 118-308.Hearing date. Any petition as required in section 118-307 must be submitted to the city council within 90 calendar days of the date of the first signature thereon. Following the filing of any such petition with the city clerk, the city council shall, within 45 days of the date of filing, conduct a public hearing to consider the merits of the petition. (Code 1967, § 25%-8(b); Ord.No. 3593, § 1,4-14-83) Sec. 118-309.Notices of hearing. Under this subdivision,the city clerk shall give notice as to the filing of any such petition and the date, time and place of the city council hearing by posting such,at least 14 days in advance of the hearing, at a place convenient to the public in the city hall.Any interested person shall have the opportunity to participate in any hearing conducted under this subdivision and to present any relevant evidence and testimony. (Code 1967, §25'/2-8(c); Ord.No. 3593, § 1,4-14-83) Sec. 118-310. Decision of city council. As a result of the hearing held pursuant to this subdivision, the city council shall determine whether or not: (1) The petition complies with the requirements of this section; (2) The proposed right-of-way or area has scenic or historic significance; (3) The proposed right-of-way or area has scenic or historic significance sufficient to justify preservation;and (4) Designation of the proposed right-of-way or area would best serve the health,safety,welfare and public convenience and necessity for the citizens of the city. (Code 1967, § 25'h-8(d); Ord.No. 3593, § 1,4-14-83) Sec. 118-311.Approval by city council. If a majority of the city council decides that the proposed right-of-way or area meets all the criteria stated in this subdivision, the city council shall designate the proposed area or right-of-way as a scenic or historic right-of-way or district.Any such designation shall not affect existing signs;such signs may remain as long as they are permitted and comply with the other sections of this chapter,including subsection 118- 131(3).No new off-premises signs and only on-premises signs conforming with section 118-334 shall be permitted in an area or on a right-of-way after designation as a scenic or historic right-of-way or district. (Code 1967, §25'/z-8(e); Ord.No. 3593, § 1,4-14-83) 128 Sec. 118-312.Disapproval by city council. If a majority of the city council decides that the proposed right-of-way or area does not meet the criteria stated in section 118-310, the proposed area or right-of-way shall not be designated as a scenic or historic right-of-way.No subsequent petition seeking designation of any portion of a right-of-way or area under this subdivision under a prior petition shall be considered by the city council until one year has elapsed from the date of the filing of the prior petition. (Code 1967, §25%2-8(f); Ord.No. 3593, § 1,4-14-83) Sec. 118-313. Designation by council. This subdivision shall not be construed to limit the authority of the city council,consistent with this subdivision,to designate other areas as scenic or historic rights-of-way or districts without a public petition. (Code 1967, § 25'.2-8(g); Ord.No. 3593, § 1,4-14-83) Secs. 118-314-118-330. Reserved. Subdivision III. On-Premises Signs Sec. 118-331. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: General right-of-way means a right-of-way that is not classified as a predominantly residential right- of-way or scenic or historic right-of-way or district and that is owned,leased or otherwise legally controlled by the person placing a sign thereon. Predominately residential right-of way means a public right-of-way between two intersecting public streets in which a majority of the total front footage is used for residential purposes. (Code 1967, § 25%Z-9(A);Ord.No. 3593, § 1,4-14-83; Ord.No.4123, §§4,5,4-11-85) Cross reference(s)—Definitions generally, § 1-2. Sec. 118-332.Applicability. This subdivision shall apply only to on-premises signs, as that term is defined in subsection 118- 4(a)(1),within the city limits. (Code 1967, § 25'/2-9; Ord.No. 3593, § 1,4-14-83;Ord.No.4123, §§4,5,4-11-85) Sec. 118-333. Signs adjacent to general rights-of-way. Signs adjacent to general rights-of-way shall be subject to the following limitations: (1) No business shall have more than a total of five on-premises signs;provided,however,that each business may select any combination of the signs described in this subsection to reach that total. Each business shall place no more than the following: a. Two on-premises ground signs,no more than one of which may be a portable sign; b. Three on-premises wall signs, which shall not occupy more than 50 percent of the total wall surface; C. Three on-premises roof signs,designed to be architecturally compatible with the building; 129 d. Three on-premises projecting signs,which shall not extend above the uppermost portion of the building to which it is attached except as provided in subsection 118-253(e); and e. Three on-premises marquee signs. (2) With the exception of on-premises signs lawfully permitted and erected on April 14, 1983, all on-premises signs and sign structures shall be contained wholly within the premises upon which they are located and shall not extend onto the public right-of-way. However, on-premises projecting signs may extend up to ten feet outward from the building to which they are attached as long as such extension is no closer than two feet behind the curbline,and such signs shall have a clearance of 14 feet above the public right-of-way. (3) Spectacular signs shall be prohibited, except for automatically changeable advertising signs which display no more than one message every three seconds. (Code 1967, § 25%-9(B); Ord.No. 3593, § 1,4-14-83; Ord.No.4123, §§ 4, 5,4-11-85; Ord.No. 9043, § 2, 11-30-00) Sec. 118-334. Residential rights-of-way; scenic and historic rights-of-way and districts. All on-premises signs on residential rights-of-way and scenic and historic rights-of-way and districts shall conform in all respects to the requirements set forth in section 118-333 for general rights-of-way and shall be subject to the following additional restrictions: (1) Ground signs shall not exceed 12 feet in height or 75 square feet in size; (2) Spectacular signs and portable signs shall be prohibited;and (3) Electrical signs shall be limited to not more than ten bulbs of 100 watts or less, shall be limited to 120 volts in the lighting circuit and may be illuminated only indirectly. (Code 1967, § 25Y2-9(C); Ord.No. 3593, § 1,4-14-83; Ord. No.4123, §§ 4, 5,4-11-85; Ord. No. 9043, § 3, 11-30-00) Sec. 118-335. Business purpose required. An on-premises sign must be erected in connection with a business purpose or for information or message purposes,as defined in this chapter.Any sign not connected with a business purpose or that is not an information or message sign shall be considered an off-premises sign. (Code 1967, § 25'/z-9(D);Ord.No. 3593, § 1,4-14-8 3; Ord.No.4123, §§4, 5,4-11-85) Secs. 118-336-118-355. Reserved. Subdivision IV. Off-Premises Signs Sec. 118-356. Definitions. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Commercial or industrial activity means property that is devoted to use for commercial or industrial purposes,and not for residential purposes.Commercial or industrial activity shall not include the following: (1) Signs; (2) Agricultural,forestry,ranching,grazing,farming and related activities,including but not limited to temporary wayside fresh produce stands; 130 (3) Activities not housed in a permanent building or structure; (4) Activities not visible from the traffic lanes of the main-traveled way;or (5) Railroad right-of-way. Primarily residential area means the right-of-way and adjoining property area between two public streets intersecting such right-of-way in which a majority of the total front footage is used for residential purposes. (Code 1967, § 25Y2-10(A);Ord.No. 3593, § 1,4-14-83; Ord.No. 4123, § 6,4-11-85; Ord. No. 7735, § 1, 6-27-96; Ord.No. 7771, § 1, 8-8-96) Cross reference(s)—Definitions generally, § 1-2. Sec. 118-357. Applicability. This subdivision shall apply only to off-premises signs,as that term is defined in section 1184,within the city limits and to off-premises signs,as that term is defined in section 118-4,which are also spectacular signs, as that term is defined in section 118-4,within the city limits and the extraterritorial jurisdiction of the city. (Code 1967, § 25%-10; Ord. No. 3593, § 1, 4-14-83; Ord. No. 4123, § 6,4-11-85; Ord.No. 7735, § 1, 6- 27-96;Ord.No. 7771, § 1, 8-8-96; Ord.No. 10,894, § 5, 5-19-08) Sec. 118-358.New signs. (a) New off-premises signs prohibited. Except as provided for in subsections(c),(e),or(g)of this section, from and after June 27, 1996, no new construction permits shall be issued for off-premises signs and no new off-premises signs shall be allowed within the city limits. This prohibition shall apply to all classifications of signs, types of signs, and special function signs and all other signs used as off- premises signs, including portable signs. (b) New off-premises, spectacular signs prohibited. From and after May 29, 2008, no new off-premises signs which are classified as spectacular signs and no upgrades of existing off-premises signs to spectacular signs shall be allowed in the city limits or in the extraterritorial jurisdiction of the city. (c) Exceptions. (1) Construction permits may be issued for off-premises signs proposed to be constructed within 200 feet of the interstate highway system if all other applicable requirements have been satisfied. (2) New signs may be attached, painted, or fastened on off-premises signs which were properly permitted on June 27, 1996,and have continuously remained permitted from and after such date; provided that such new sign does not change the classification of the off-premises sign. (3) Temporary use directional signs shall be allowed only if in conformity with section 118-138. (4) Political signs shall be allowed only if in conformity with section 118-139. (5) Other off-premises signs may be allowed only if such signs are: a. Erected solely for and relating to a city sponsored or co-sponsored event, which is designated by resolution of the city council as an event for which off-premises signs may be placed on city property; b. Erected on properties owned by the city for which council has designated by resolution as appropriate for the advertising of the city sponsored or cosponsored event; provided that 131 there may be only one sign per property unless otherwise specified in the resolution designating the event; C. Erected for a period commencing 14 days prior to and three days following the city sponsored or co-sponsored event advertised by the sign,unless a different period of time is specified in the resolution designating the event; d. Limited to a size no greater than four feet by eight feet or, if an overhead street banner,to the size necessary to fit the hardware on the lighting standards to which it will be attached; e. Limited to providing information concerning the event, which shall include the event's name, activities, along with the time, date, places of the same; however, no business or sponsor advertising shall be allowed;and f. In compliance with all other requirements of this chapter and of the director of parks and recreation in consultation with the city manager and other city staff. (d) Application. In order for an event to be designated by the city council in accordance with subsection (c)(5), a person must submit an application in writing on a form prescribed by the city clerk. The application must be filed with the city clerk at least 30 days before the scheduled event and shall include,but shall not be limited to,the following: (1) The name,address and telephone number of the applicant; (2) If the applicant is a corporation, the name and address of the major officers of the corporation and the major stockholders; (3) If a partnership,the names and addresses of partners; (4) If a sole proprietorship,the name and address of the owner; (5) The name of the manager or other officer in charge of the event; (6) The date of the event; (7) The number of signs requested to be placed on city property; (8) The name and description of the event,which shall state in detail the different component parts of the event, including, but not limited to, all concessions, shows, amusements, businesses exhibiting at the event, location of the event, the times of the event,along with a description of the products and services to be sold at the event; (9) An agreement whereby the applicant agrees: a. To purchase, install and remove any signs which may be authorized to be placed on city property at no cost to the city; and b. To remove all signs which may be authorized to be placed on city property within three days following the event or face criminal penalties for the failure to do so;and (10) A sworn statement by the applicant that the information provided in the application is true and correct; (e) Signs advertising city-sponsored events. For purposes of this section, a sign advertising a city sponsored or co-sponsored event located on the property of a sponsor or co-sponsor of a city sponsored or co-sponsored event shall not be construed as an off-premises sign so long as: (1) The sign does not advertise another business, person, activity, good, product or service not located on the sponsor or co-sponsor's premises; 132 (2) The sign is erected for a period commencing 14 days prior to and three days following the city sponsored or co-sponsored event advertised by the sign; (3) The sign is limited to a size no greater than four feet by eight feet; (4) There is not more than one such sign on the premises of the sponsor or cosponsor;and (5) The sign meets all other requirements of this chapter. (f) Permit not required for certain signs. No permit as required in division 4 of this article shall be required for a sign satisfying the requirements referenced in subsection(c)(5)or subsection(e)herein; provided that such sign is erected and maintained in a safe condition in conformity with the building code as well as the fire prevention code and rules and regulations for fire safety promulgated by the fire marshal. (g) Digital billboards. Digital billboards are prohibited within the city limits and the extraterritorial jurisdiction of the city,provided however,that the sign administrator may issue digital billboard sign permits for the construction of new off-premises sign faces or the conversion and reconstruction of existing off-premises sign faces as authorized by this subsection upon the submission of a completed application if(i)the same are located within 200 feet of the interstate highway system,(ii)four square feet of existing off-premises sign area from existing permitted off-premises signs are removed from within the city limits for each square foot of digital billboard sign area proposed, and(iii) if all other applicable requirements have been satisfied.All such digital billboards shall be subject to this section and all other relevant provisions of this chapter.In determining the square feet of existing off-premises sign area necessary to be removed to meet the four-to-one conversion ratio specified in this subsection, the square footage of any off-premises sign removed within 200 feet of the interstate highway system will not be counted. (1) Application. An applicant for a digital billboard must file a building permit application in accordance with section 118-127 and obtain an operating permit in accordance with section 118- 128. The building permit application must identify the demolition permit numbers for existing off-premises signs.The building permit for a digital billboard may be issued only after removal of the existing permitted off-premises signs in accordance with the four-to-one conversion ratio specified in this section. In the application for a digital billboard, the sign administrator may request information necessary to ensure compliance with this subsection and shall require a certificate of compliance be included in each application for an operating permit. In the certificate of compliance, the sign operator shall warrant that it is in full compliance with this chapter. (2) Requirements. Sign operators installing, testing, or maintaining off-premises digital billboards shall comply with the following requirements: a. Static messages. The digital billboard shall contain static messages only, and not have animation,movement,or the appearance or optical illusion of movement,of any part of the sign structure. Each static message shall not include flashing or the varying of light intensity. b. Dwell time. The dwell time shall be at least eight seconds, and a change of message must be accomplished within one second or less. C. Display upon malfunction. The digital billboard shall be operated with systems and monitoring in place to either turn the display off or freeze the display image in one position in the event of a malfunction. d. Brightness level. The digital billboard may not display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver, or results in a nuisance to the 133 driver and is subject to all existing restrictions on light intensity, brilliance, or glare contained in the section 3.08(d)(1), (4),and(5)of the Unified Land Development Code. 1. Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter the following pre-set distances: Distance from Nominal Face which to be Size Measured 12' x 25' 150' 10'6" x 36' 200' 14' x 48' 250' 2. Prior to the issuance of a permit under this chapter,the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre- set not to exceed the brightness level specified in subsection (g)(2)d.1. and that the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the sign administrator. e. Dimmer. A digital billboard must be equipped with both a dimmer control and a photocell, which automatically adjusts the display's intensity according to natural ambient light conditions. f. No resemblance to traffic control device. The digital billboard shall not be configured to resemble a warning or danger signal, to simulate any lights or official signage used to control traffic, or to cause a driver to mistake the digital billboard for a warning or danger signal. g. Dimensions. Off-premises digital billboard sign area may have dimensions of up to six hundred seventy-two(672)square feet and otherwise subject to section 118-246. h. Spacing requirements. 1. A digital billboard may not be located within 1,500 feet of another digital billboard facing the same traveled way or within the distance specified in section 118-359(4) of another off-premises sign, which is facing the same traveled way and is not classified as a digital billboard. 2. Notwithstanding subsection(g)(2)h.1.,a digital billboard may be located on the same sign structure as another digital billboard or off-premises sign if each sign face is visible only from a different direction of travel;provided,there are no more than two sign faces on a single sign structure. i. Public safety/emergency notices. The city,through appropriate personnel,may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed via digital billboards. Emergency information includes,but is not limited to,AMBER Alerts, FBI wanted messages,dangerous criminal alerts,fugitives from justice, weather alerts, and emergency management information. Upon notification and at no cost to the city, the sign operator shall exclusively display the emergency alert 134 for the period of one hour,which may be extended by the city.Thereafter,emergency alerts are to remain in rotation according to the designated issuing agencies protocols. (Code 1967, § 25%-10(B); Ord.No. 3593, § 1,4-14-83; Ord. No. 4123, § 6,4-11-85; Ord.No. 7735, § 1, 6-27-96; Ord.No. 7771, § 1,8-8-96; Ord.No. 7982, §2, 5-22-97; Ord.No. 10,051, § 1,4-14-05; Ord.No. 10,894, § 6,5-19-08; Ord.No. 12,734 , § 4, 12-11-14; Ord.No. 12,762 , § 2, 1-8-15; Ord.No. 13,104 , § 1, 1-14-16) Sec. 118-359.General location. To the extent off-premises signs are allowed within the city,the following shall apply: (1) All off-premises signs shall be located within 800 feet of a commercial or industrial activity; (2) No off-premises sign shall be located in OR, SFE, SF I, SF2, MF1, MF2, MF3,ACE, UN, and LC zoning districts; (3) No off-premises sign shall be erected, constructed or established such that the face of the structure may be viewed from a scenic or historic right-of-way district; and (4) All off-premises signs shall be subject to the following spacing requirements from other off- premises signs on the same side of the public right-of-way: a. No off-premises sign having a face area in excess of 300 square feet shall be located within 400 feet of another off-premises sign; b. No off-premises sign having a face area from 100 to 300 square feet shall be located within 200 feet of another off-premises sign; C. No off-premises sign having a face area up to 100 square feet shall be located within 100 feet of another off-premises sign; and d. No off-premises sign to be constructed within 200 feet of the interstate highway system shall be located within 1,200 feet of another off-premises sign. Spacing of Off-Premises Signs In 400 excess of 300 square feet 100— 200 300 square feet 135 Less 100 than 100 square feet All signs 1,200 within 200 feet interstate highway system (5) Each double-faced,back-to-back or V-type sign shall be considered as a single off-premises sign for spacing purposes. The largest face on a double-faced, back-to-back or V-type sign will govern spacing requirements. (6) In computing the distance between off-premises signs, all measurements shall be made parallel to the edge of the street and on the same side of the street. In measuring the distance from back- to-back and V-type signs,the measurements shall be made from the street end of the nearest sign on the back-to-back or V-type structure. (7) No portable sign may be erected or placed as an off-premises sign. (Code 1967, § 25'/2-10(C); Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 6,4-11-85; Ord.No. 7735, § 1, 6-27-96;Ord.No. 7771, § 1, 8-8-96; Ord.No. 8002, § 5, 6-12-97;Ord.No. 14,031 , § 1, 3-14-19) Sec. 118-360. Location on property. All off-premises signs and sign structures shall be within the deeded front building line or,if no such line exists,within the property line,but in no event closer than 20 feet to the curbline of any public street. (Code 1967, § 25'/z-10(D);Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 6,4-11-85; Ord.No. 7735, § 1, 6-27-96;Ord.No. 7771, § 1, 8-8-96) Sec. 118-361. Construction of certain structures. All off-premises sign structures constructed,established or erected after May 1, 1975,which are not located on the interstate highway system shall be supported by columns spaced a minimum of eight feet apart. (Code 1967, § 25%-10(E); Ord. No. 3593, § 1,4-14-83; Ord.No.4123, § 6,4-11-85; Ord.No. 7735, § 1, 6-27-96;Ord.No. 7771, § 1, 8-8-96; Ord.No. 8002, § 6, 6-12-97) 136 Sec. 118-362. Visibility triangle. a VISIBILITY TRIANGLE (Code 1967, § 25%2-10(F); Ord. No. 3593, § 1,4-14-83; Ord. No. 4123, § 6,4-11-85; Ord. No. 7735, § 1, 6-27-96; Ord.No. 7771, § 1, 8-8-96) Cross reference(s)—Obscuring or interfering with view, § 118-177. Sec. 118-363. Lists. Each person engaging in the off-premises sign business shall file with the sign administrator a certified list of all off-premises sign structures owned by him as of January 1 of each year.This list shall be filed on or before January 1 of each year and shall describe the location of an off-premises sign. The owner shall give the street address of the sign location and the facing direction or the owner shall first reference the sign structure to the street from which the sign is to be primarily viewed, then the side of such street, then the distance in feet to the nearest intersecting street on the same side of the primary street as the sign structure is located, then reference is to be made to the direction the sign faces. For example: 303 X Street, west facing on X Street,north line, 120 feet east of Y Street,west facing(303 X Street NL 120'E Y Street WF). (Code 1967, § 25'/z-10(G); Ord.No. 3593, § 1,4-14-83; Ord.No.4123, § 6,4-11-85; Ord.No. 7735, § 1, 6-27-96; Ord.No. 7771, § 1, 8-8-96) Section 23: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NOI100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies, such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. 137 Section 24: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency. In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 25: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 27: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 8'day of September,2022. A �ePYTt?WN BRANDON CAPETILLO, M yor EST: �o V ;(P 8 f o 0 GELA CKSO ,City v co APPROVED AS O RM: SCOTT U T D,City Attorney R:Karen AndersonlORD►NANCES\2022\2022.09.08 ULDCAmendment9.08.2022.docx-SL 138