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Home My WebLink About1133 03-22-1994ORDINANCE NO. 1133 AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE FOR THE CITY OF EULESS, TEXAS, BY MERGING AND AMENDING CHAPTER 94 "ZONING," CHAPTER 74 "SUBDIVISIONS," AND ARTICLES V "FENCES AND OBSTRUCTIONS" AND VI "SATELLITE TELEVISION RECEPTION DISHES" OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, AS AMENDED INTO CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES AND REPEALING AND REPLACING CHAPTER 18, ARTICLE III, "MASSAGE PARLORS AND MASSAGE ESTABLISHMENTS" WITH ARTICLE III "SEXUALLY ORIENTED BUSINESSES ", AMENDING CHAPTER 30, "FEES" BY REPEALING AND REPLACING "MASSAGE PARLORS AND MASSAGE ESTABLISHMENTS LICENSE" WITH "SEXUALLY ORIENTED BUSINESS LICENSE "; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the City of Euless maintains zoning, subdivisions and other land use and development controls in various chapters in the Euless Code of Ordinances; and, WHEREAS, to better conform to development trends, provide for better administrative efficiency and to avoid overlapping conflicting and inconsistent land use and development controls, the City Council wishes to merge said land use and development documents into a single unified chapter; and, WHEREAS, over the course of the reorganization effort it became apparent that many of the land use and land development controls were obsolete and inconsistent with City plans; and, WHEREAS, the City Council, wishing to update and improve the quality and consistency of the regulations, has made several changes and adjustments in the land use and development controls including adding zoning districts, changing district standards, changing the platting procedure, updating infrastructure requirements, and updating controls over sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED-BY THE CITY COUNCIL OF THE CITY OF EULESS: SECTION 1 THAT, Chapters 94 and 74, entitled "Zoning" and "Subdivisions" respectively, hereby be repealed and replaced with the "Unified Development Code" attached as Exhibit "A" with the following exceptions: 1. That the Zoning Map identified in Section 94 -157 or existing Chapter 94 "Zoning" be hereby retained and transferred to Section 4 -200 of the Unified Development Code; 2. The requirement for food and beverage establishments to limit sales of alcoholic beverage to be incidental to that of food sales unless a specific use permit has been granted by the City Council; and, SECTION 2 THAT, Article V of Chapter 14 of the Euless Code of Ordinances entitled "Fences and Obstructions" be hereby relocated and renumbered to Section 7 -500 of the Unified Development Code; and, SECTION 3 THAT, Article VI of Chapter 14 of the Euless Code of Ordinances entitled "Satellite Television Reception Dishes" be hereby relocated and renumbered to Section 4- 500(1)(s) of the Unified Development Code; and, SECTION 4 THAT, Article III of Chapter 18 of the Euless Code of Ordinances entitled "Massage Parlors and Massage Establishments" be hereby repealed and replaced with the section entitled "Sexually Oriented Businesses" attached hereto as Exhibit "B "; and SECTION 5 THAT, Section 30 -25 of Chapter 30, "Fees," of the Euless Code of Ordinances entitled "Massage Parlors and Massage Establishment License" be repealed and replaced by the fees entitled "Sexually Oriented Business License" attached hereto as Exhibit "C ". SECTION 6 SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. ORDINANCE NO. 1133, PAGE 2 OF 3 SECTION 7 SAVING CLAUSE. That Chapters 14 and 18 and the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount as provided in Section 1 -12 of the Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 9 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED on first and final reading on the 22nd day of March , 1994, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: Mary Lib Saleh, Mayor ATTEST: A��- Susan�CMC, City Secretary AS TO FORH----% { ty At ORDINANCE NO. 1133, PAGE 3 OF 3 EXHIBIT "A" The City of Euless Unified Development Code City of Euless Department of Development 201 North Ector Euless, Texas 76039 -3595 Office of City Development - (817) 685 -1627 Office of City Engineering - (817) 685 -1621 Office of Economic Development - (8 17) 685 -1696 Fax - (817) 685 -1628 CITY OF EULESS Unified Development Code CONTENTS Article 1 Article 4 GENERAL PROVISIONS ZONING DISTRICT REGULATIONS OFF - STREET PARKING, LOADING section section page section AND DRIVEWAYS page 1-100 Title 1 -1 4-100 Zoning Districts Established 4-1 1-200 Statutes Authorizing Zoning & 2 -3 4-200 Zoning Map Adopted 4-1 2-300 Subdivision Regulations 1 -1 4 -300 Annexation Zoning Procedures 4-2 1-300 Purpose 1.1 4-400 Permitted Uses 4-3 1-400 Intent of UDC Document Formal 1 -2 4 - 500 Special Conditions by Use Type 4-13 1-500 Relationship To Other Laws & 4-600 District Regulations 422 NONCONFORMANCE Restrictions 1 -3 4-700 Exceptions to District Site section 1-600 Repeal of Conflicting Ordinances 1 -3 Development Standards 438 1-700 Definitions & Work Usage 1 -3 4-800 "PD ", Planned Development 3 -200 Types ofNonconfarmily 3 -1 6 -200 Applicability District 440 Status of Nonconformity 3 -1 6-300 4-900 Specific Use Permits 432 Registration of Nonconforming Uses 3 -1 - 6 -400 4-1000 Supplemental Regulations 3-500 Termination of Nonconforming Uses 3 -2 6-500 Prohibitive Sign Ch.uacteristics Applicable to All Districts 4-47 Article 2 Article 5 ADMINISTRATION OFF - STREET PARKING, LOADING section page AND DRIVEWAYS 2-100 Enforcement 2 -1 section page 2-200 Platting Regulations - General 2 -3 5-100 Purpose 5 -1 2-300 Variance, Exceptions and Appeals 5-200 Off -Street Parking 5 -1 for Zoning 2-4 5 -300 Oft Street Loading Requirements 5 -5 2-400 Amending the UDC Document 2 -9 5-400 Driveways 5-6 Article 3 Article 6 NONCONFORMANCE SIGNS AND STREET GRAPHICS section page section page 3-100 Purpose & Intent 3 -1 6-100 Purpose and Intent 6 -1 3 -200 Types ofNonconfarmily 3 -1 6 -200 Applicability 6 -1 3-300 Status of Nonconformity 3 -1 6-300 Definitions and Sign Cla- csJcalions 6 -1 3 -400 Registration of Nonconforming Uses 3 -1 - 6 -400 Pnnissible Signs 6 -4 3-500 Termination of Nonconforming Uses 3 -2 6-500 Prohibitive Sign Ch.uacteristics 6 -12 3-600 Changing Nonconforming Uses 3 -3 6-600 Permits 6 -14 3-700 Limitations on Changing 6-700 Nonconforming Uses/Signs and Sign Nonconforming Uses 3 -3 Variances 6 -15 3-800 Termination of Nonconforming 6-800 Special Sigtage Program 6 -15 Structure 3 -4 3-900 Use of Nonconforming Structures 3 -4 Article 7 Article 10 PLATTING & SUBDIVISION OF LAND LANDSCAPING, FENCES, WALLS APPROVAL URBAN DESIGN & IMPROVEMENT STANDARDS SCREENING & OUTDOOR STORAGE 9-100 section 9 -1 page section Procedures page 10-100 Urban Design Principles 10 -1 7-100 Purpose and Intend 7 -1 10-200 Subdivision Layout Standards 10-2 7-200 Landscaping Requ r meets 7 -1 10-300 Street Improvements Standards 10 -5 7-300 Screening Regulations 7 -7 10-400 Water and Wastewater Improvement 11-200 7-400 Open Storage and Use Areas 7 -10 Principles and Standards for Site Standards 10-9 7-500 Fences, Walls and Obstructions 7 -11 10-500 Stormwater Improvement Standards 10-12 Deferral of Required Improvemens 116 8-600 10-600 Street Light Improvements 10-19 Building Construction & Occupancy 116 8-700 10-700 Standard Specifications 10 -20 Article Article 11 PLATTING & SUBDIVISION OF LAND SITE PLAN APPROVAL ASSURANCES FOR COMPLETION AND 9-100 section 9 -1 page MAINTENANCE OF IMPROVEMENTS Procedures 8-100 Purpose 8 -1 section 94 page 8-200 Applicability 8 -1 11-100 Improvements and Subdivision Preliminary Plat 8 -300 Site Plan Details 8 -1 Amendments to Land Study or Improvement Agreement 11 -1 8-400 Supplemental Requirements 8 -2 11-200 Construction Procedures 114 8-500 Principles and Standards for Site 11-300 Inspection of Public Improvements 114 9 -800 Plan Review 8 -2 11-400 Deferral of Required Improvemens 116 8-600 Approval Process 8 -3 11-500 Building Construction & Occupancy 116 8-700 Effect of Site Plan Approval 8 -3 of Buildings & Property Plat Vacation Article 9 Article 12 PLATTING & SUBDIVISION OF LAND PARTICIPATION AND ESCROW REQUIREMENTS section page section page 9-100 Purpose and Intent 9 -1 12-100 Participation Policies 12 -1 9-200 Procedures 9 -3 12-200 Facilities Eligible for City 9 -300 Central 94 Participation 12 -2 9-400 Land Study 96 12-300 Limitation and Exceptions 12 -3 9-500 Preliminary Plat 9 -8 12-400 Procedures for City Participation 12 -3 9-600 Amendments to Land Study or 12-500 Escrow Policies and Procedures 12-4 Preliminary Plat 9 -12 12-600 Payment of Fees, Charges, and 12 -5 9-700 Extension and Reinstatement Assessments Procedure 9 -13 9 -800 Final Subdivision Plat 9 -13 9-900 Conveyance Plats 9 -15 9 -1000 Replatting ofland 9 -19 APPENDIX A° ............... Illustrations 9-1100 Corrected Plats 9 -20 9-1200 Plat Vacation 9 -22 APPENDIX "13" .... Applications & Checklists 9 -1300 Appeals to City Council 9 -23 APPENDIX "C" ......... Certifications, Titles, & Notations INDEX 1 1 The City of Euless Unified Development Code I • I I City of Euless Department of Development ' 201 North Ector Euless,Texas 76039-3595 ' Office of City Development - (817) 685-1627 Office of City Engineering - (817) 685-1621 Office of Economic Development - (817) 685-1696 Fax-(817) 685-1628 1 1 General Provisions I 2 Administration I 3 Nonconformities 4 Zoning Districts I 5 Off-Street Parking • 6 Sign Regulations Landscaping I 7 8 Site Plan Approval 9 Platting & Subdivision of Land 1 10 Urban Design Principals & Improvement Stds ' 11 Assurances for Completion & Maintenance of Improvements ' 12 Participation & Escrow Requirements I I 1 I I 1 1 I A Appendix A Illustrations g Appendix B Applications & Checklists C Appendix endix C Certifications, Titles, & Notations INDEX Ii CITY OF EULESS Unified Development Code ' CONTENTS t Article 1 Article 4 f GENERAL PROVISIONS ZONING DISTRICT REGULATIONS section page section page 1-100 Title 1-1 4-100 Zoning Districts Established 4-1 1-200 Statutes Authorizing Zoning& 4-200 Zoning Map Adopted 4-1 Subdivision Regulations 1-1 4-300 Annexation Zoning Procedures 4-2 i-300 Purpose 1-1 4-400 Permitted Uses 4-3 1-400 Intent of UDC Document Format 1-2 4-500 Special Conditions by Use Type 4-13 4 r 1-500 Relationship To Other Laws& 4-600 District Regulations 4-22 t Restrictions 1-3 4-700 Exceptions to District Site I 1-600 Repeal of Conflicting Ordinances 1-3 Development Standards 4-38 1-700 Definitions&Work Usage 1-3 4-800 "PD",Planned Development i District 4-40 I 4-900 Specific Use Permits 4-42 4-1000 Supplemental Regulations i Applicable to All Districts 4-47 B Article 2 Article 5 I ADMINISTRATION OFF-STREET PARKING,LOADING section page AND DRIVEWAYS g. 2-100 Enforcement 2-1 section • page I 2-200 Platting Regulations-General 2-3 5-100 Purpose 5-1 2-300 Variance,Exceptions and Appeals 5-200 Off-Street Parking 5-1 's for Zoning 2-4 5-300 Off-Street Loading Requirements 5-5 I 2-400 Amending the UDC Document 2-9 5-400 Driveways 5-6 Article 3 Article 6 II NONCONFORMANCE SIGNS AND STREET GRAPHICS section page section page I 3-100 Purpose&Intent 3-1 6-100 Purpose and Intent 6-1 3-200 Types of Nonconformity 3-1 6-200 Applicability 6-1 z 3-300 Status of Nonconformity 3-1 6-300 Definitions and Sign Classifications 6-1 3-400 Registration of Nonconforming Uses 3-1 6-400 Permissible Signs 6-4 I 3-500 Termination of Nonconforming Uses 3-2 6-500 Prohibitive Sign Characteristics 6-12 3-600 Changing Nonconforming Uses 3-3 6-600 Permits 6-14 3-700 Limitations on Changing 6-700 Nonconforming Uses/Signs and Sign I Nonconforming Uses 3-3 Variances 6-15 3-800 Termination of Nonconforming 6-800 Special Signage Program 6-15 Structures 3-4 3-900 Use of Nonconforming Structures 3-4 I 1 r I i r I IArticle 7 Article 10 LANDSCAPING,FENCES,WALLS URBAN DESIGN&IMPROVEMENT STANDARDS I SCREENING&OUTDOOR STORAGE section page section page 10-100 Urban Design Principles 10-1 7-100 Purpose and Intent 7-1 10-200 Subdivision Lay-out Standards 10-2 I 7-200 Landscaping Requirements 7-300 Screening Regulations 7-1 10-300 Street Improvements Standards 10-5 7-7 10-400 Water and Wastewater Improvement 7-400 Open Storage and Use Areas 7-10 Standards 10-9 I 7-500 Fences,Walls and Obstructions 7-11 10-500 Stormwater Improvement Standards 10-12 10-600 Street Light Improvements 10-19 10-700 Standard Specifications 10-20 Article 8 Article 11 I SITE PLAN APPROVAL section page ASSURANCES FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS 8-100 Purpose 8-1 section page 8-200 Applicability 8-1 11-100 Improvements and Subdivision 8-300 Site Plan Details 8-1 Improvement Agreement 11-1 8 400 Supplemental Requirements 8-2 11-200 Construction Procedures 11-4 8-500 Principles and Standards for Site 11-300 Inspection of Public Improvements 11-4 I Plan Review 8-600 Approval Process 8-2 11-400 Deferral of Required Improvements 11-6 8-3 11-500 Building Construction&Occupancy 11-6 8-700 Effect of Site Plan Approval 8-3 of Buildings&Property IArticle 9 Article 12 PLATTING&SUBDIVISION OF LAND PARTICIPATION AND ESCROW REQUIREMENTS I section page section page 9-100 Purpose and Intent 9-1 12-100 Participation Policies 12-1 9-200 Procedures 9-3 12-200 Facilities Eligible for City 9-300 General 9-4 Participation 12-2 I 9-400 Land Study 9-6 12-300 Limitation and Exceptions 12-3 9-500 Preliminary Plat 9-8 12-400 Procedures for City Participation 12-3 9-600 Amendments to Land Study or 12-500 Escrow Policies and Procedures 12-4 I Preliminary Plat 9-12 12-600 Payment of Fees,Charges,and 12-5 9-700 Extension and Reinstatement Assessments Procedure 9-13 I 9-800 Final Subdivision Plat 9-13 9-900 Conveyance Plats 9-15 9-1000 Replatting of Land 9-19 APPENDIX"A" Illustrations 9-1100 Corrected Plats 9-20 I 9-1200 Plat Vacation 9-22 APPENDIX"B" .... Applications&Checklists 9-1300 Appeals to City Council 9-23 APPENDIX"C" Certifications, Titles, I &Notations INDEX 1 ANTICLE 1. ORAL PROVISIONS Section 1-100. Title. This Ordinance shall be known and may be as the Unified Development Control Document of the City of Euless. Section 1-200. Adoption of Statutes Authorizing Zoning Ordinances and Subdivi- sion ubdivisiol Regulations. (1) Zoning Statutes: The statutes of the State authorizing and empowering cities to zone their cities and regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purpoc ; and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or 11razing of buildings and other structures; and authorizing and empowering the local legislative body to divide the municipality into districts of such numbers, shapes and areas as may be deemed best suited to carry out the purpoccs set out in such statutes, and within such districts to regu- late and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, the same being Local Government Code Sections 211.001-211.013 in Vernon's Texas Codes Annotated (V.T.C.A.), are hereby adopted for and on behalf of the City; and the City, acting through its duly authorized officials, shall have all of the rights, powers, privileges and authority authorized and granted by and through such statutes. 1 (2) Platting Statutes: The statutes of the state'authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits of and within the extraterritorial } jurisdiction of such city, the same being Local Government Code Sections 212.001-212.017 in Vernon's Texas Codes Annotated, are hereby adopted for and on behalf of the city, and the city acting through its duly authorized officials shall have all the rights, powers, privileges and authority authorized and granted by and through such statutes. Section 1-300. Purpose. The purpose of this Ordinance is the promotion of the health, safety, and general welfare of the community. The zoning regulations, zoning districts, and platting requirements herein established have been designed to: (a) Prevent adverse or undesirable effects that incompatible use ' could have on each other; (b) Assure sufficient, suitable land for future development; (c) Protect and improve the physical environment; (d) Protect and maintain property values; ' Y 1 1 1 (e) Ensure that land uses are properly situated in relation to one another; (f) ¶I guide public and private policy and action and control density so that property can be adequately serviced by public services and facilities; (g) Preserve and develop the community's economic base; (h) EStablish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land; (i) Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or develop- ers of the tract and that the cost of improvements which primari- ly benefit the entire community be borne by the community as a whole; and, (j) Ensure that streets, utilities, and drainage improvements needed by the subdivision are actually installed. Section 1-400. Intent of the Unified Development COntrol Document Format. (1) Single Design Control System: The Unified Development Control Docu- ment combines zoning and subdivision regulations into a logical single design control system. This unified or combined approach offers several important advantages. (2) Conforms to Development Trends: First, it conforms to the way that development, especially major residential development, tends to occur today. Any regulatory system that requires separate ordinances for different phases of the same project or that fails to respond to market realities is at best cumbersome and at worst unworkable. (3) Adtinistrative Efficiency: The second advantage of the combined zoning and subdivision ordinance is it permits the land use control system to be administered more efficiently because (1) the administrators and neuters of the various bodies involved (the Planning & Zoning Commission, Board of Adjustment, and City Council) need to become familiar with only one set of regulations and (2) the approval process for all types of development are covered in one ordinance. (4) Overlapping. Conflicting and Inconsistent Land Controls: A unified ordinance avoids the overlapping, conflicting or inconsistent ordi- nance provisions found in land use control systems consisting of separate zoning and subdivision ordinances, particularly when those ordinances were drafted by different individuals and adopted at different times. 1 - 2 1 1 Section 1-500. Relationship to Other Laws and Restrictions. If this Code impoccs a greater restriction upon land, buildings, or structures than is imposed by other ordinances, covenants, restrictions or agreements, then the provisions of this Code shall govern. If other ordinances are more strict than this Code, then the more strict provisions shall prevail. Section 1-600. Repeal of conflicting O dinanoes. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 1-700. Definitions and Word Usage. (1) Word Usage: In the interpretation of this Code, the provisions and rules of this section shall be observed and applied, except when the context clearly requires res otherwise: Words used or defined in one tense or form shall include other tenses and derivative forms. Words in the singular number shall include the plural number. Words in the plural number shall include the singular number. The masculine gender shall include the feminine, and the feminine ne gender ' F shall include the masculine. The word "shall" is mandatory. The word "may" is permissive. The word "person" includes individuals, firms, corporations, associations, ' trusts, and any other similar entities. The word "City" shall mean the City of Euless, Texas. , The word "Code" shall mean the Euless Unified Development Control Document (ordinance). ' The word "Council" shall mean the City Council. The word "Commission" shall mean the Planning and Zoning Commission. ' The word "Board" shall mean the Zoning Board of Adjustment. The word "AdtmtinistLdtor" shall mean the individual designated administra- tive stra- tive responsibility by the City Manager (usually the Director of Planning, Development Coordinator, Building Official, or City Engineer). ' In case of any difference of meaning or implication between the text of this Code and any caption, illustration or table, the text shall control. II1 - 3 1 (2) Definitions: Certain words in this Code not heretofore defined are defined ' as follows: Atutting: Having a common border with, or being separated from such common ' border by an alley or easement. Accessory: Means incidental to another use or structure on the same lot. ' Accesscry Building: A structure detached from a principal structure on the same lot and customarily incidental and subordinate to the principal building or use (see Appendix A). ' : The City Manager or his designee. ' Adult Entertainment Enterprise: A business enterprise which, for consideration, offers, shows or displays any of the following: (a) Physical contact in the form of wrestling or tumbling between persons ' of the opposite sex; or (b) Activities between male and female persons and/or persons of the same sex when one or more of the persons are nude or semi-nude; or (c) A book, magazine, newspaper, picture, photograph, film, video tape, ' motion picture, drawing or other printed or pictorial material which explicitly depicts: 1. human genitals in a state of sexual arousal; or 2. acts of masturbation, sexual intercourse, or deviate sexual intercourse. Alley: A public way which affords a secondarymeans of access to abutting thereon, and not intended forproperty general traffic circulation. ' Apartment: A dwelling unit in a multi-family residential structure arranged, designed, or occupied as a place of residence by a single family, individual or groups of individuals. ' Approach: That portion of a roadway or driveway within 300 feet of another intersecting street or driveway where the movement of traffic approaches said ' intersection. Arterial, Major: A roadway which serves to interconnect regional roadways and link identifiable neighborhood areas with major centers of activity; include the service roads of controlled access roadways. Arterial, Minor: Roadways which augment principal arterials with emphasis on ' the distribution of vehicles to higher and lover roadway classes and land access. ' 1 - 4 1 1 Basement: That portion of a building which is partly or wholly below grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance frac grade to ceiling. A basement shall not be counted in computing the number of stories (see appendix A). Block: A tract of land bounded by streets, or a combination of streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits. Buffering: The use of intensive landscaping or the use of landscaping with berms, walls or decorative fences to obstruct the view of certain uses or activities, or reduce noise from an abutting street or property. Building: Any structure, either temporary or permanent, having a roof or other covering and designed, built or intended for the shelter or enclosure of per- sons, animals, chattels or movable property of any kind or for an accessory use. Where independent units with separate entrances are divided by absolute fire separations, each unit so separated shall be deemed a building. This definition shall include structures wholly or partly enclosed with an exterior wall. Building Area: The area of a lot remaining after minimum yard and open space requirements have been met (see Appendix A). Building gage: The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot (see Appendix A). , Building Line: A line on a lot, generally parallel to a lot line or street right-of-way line, located 'a sufficient distance therefrom to provide the minimum yards required by this Cade. The building line delineates the area in which buildings are permitted subject to all applicable provisions of this Code (see Appendix A). Building Front: The exterior wall of a building most nearly parallel with and ' adjacent to the front of the lot on which it is situated. Building Height: The vertical distance of a building measured on the street 1 side from the average elevation of the finished grade within twenty (20) feet of the structure to the highest point of the roof (see Appendix A). Building, Principal: The building or buildings on a lot which are occupied by the primary use (see Appendix A). Caliper: Diameter of the trunk measured one foot (1') above average grade. 1 Centerline: A line designated midway between the right-of-way lines of a street or alley. Where such lines are irregular, the centerline shall be determined by the Administrator. Certificate of Occupancy: An official certificate issued by the City which indicates conformance with or an approved conditional waiver from this code and authorizes legal use of the premises for which it is issued. 1 - 5 1 Church: A building, whether situated within the City or not, in which persons ' regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief. ' Circular Driveway: A drivewaywith �Y two points of access to a public street connected by a non-intersected arc or arcs and tangents along its outer edges, with no parking internally off the driveway. Entrance to a garage is permitted. O�llecbor, Major: Roadways which provide access to cwrnnercial properties and serve to distribute trips to or from the arterial street network. ' Oollec t r. Mirnr: Roadways which offer access to nei and connect ghborhoods to higher classes of the street system. ' Comprehensive Plan: A periodically updated series of Council adopted documents and maps that unify all elements and aspects governing land use, functions and services of the City. Based on careful analysis and projections, these volumes reflect the best judgement of the Council, Commission and Staff to ensure the welfare and prosperity of the City. The plan shall service as a guide to zoning, subdivision and capital improvement development decisions. ' Construction Plans: The maps or construction drawings accompanying a subdivi- sion plat that show the specific location and design of all required or proposed ' improvements to be installed in the subdivision. Cul-de-sac: A local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. ' Curb Radius: The connection of the outer limits of a driveway and street intersection by means of a circular arc. ' Day Care Center: Any place, home or institution which cares for five or more children under the age of sixteen years old apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, ' that the term shall not apply to bonafide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial persons, or churches and other religious or public institutions caring for children within an institutional building. Density: A residential land use intensity measure expressed as the number of ' units per gross lot area. It is the number resulted from dividing the total number of dwelling units by the area of the platted lot. Departure: That portion of a roadway or driveway within 300 feet of another intersecting street or driveway where the movement of traffic departs said intersection. ' Development, Mixed Use: Any property or building used partly for residential use and partly for institutional, business and/or office use. ' Development Schedule: A chronological estimate of the rate and order of devel- opment. 1 1 - 6 I Development Standards: (see Site Development Standards) Dripline: The periphery of the area underneath a tree which would be encom- passed by perpendicular lines dropped from the farthest edges of the crown of the tree. I Drinking : An establishment where the primary activity is the sale and consumption Lon on the premises of beer, ale, wine or alcoholic beverages and where the total quarterly calendar receipts for on-premise food sales is less than the total receipts for the same time period of beer, ale, wine and alcohol- ic beverages. Driveway: A roadway that permits access between private land use(s) and public thoroughfares. 1k ivetaay Width: The width of the driveway measured between the termination of the curb radii, at a point of tangency essentially perpendicular to the street. Dwelling: A room or group or rooms which is arranged, occupied, or intended to I { be occupied as living quarters and includes facilities for food preparation and sleeping. Dwelling, Multi-Family: Any building which is designed, built, rented, leased or let to be occupied as two or more dwelling units or apartments, or which is occupied as a hone or residence of two or more families (see appendix A). Dwelling, Multi-Family Duplex: A detached building having two dwelling units on a single lot and occupied by not more than two families (see Appendix A). Dwelling, Single Family Attached: A dwelling on a separately owned lot which is joined to another dwelling on one side by a party wall or abutting separate walls and occupied by not more than one family (see Appendix A). I fi Dwelling, Single Family Cluster: A single family detached dwelling, situated on a smaller lot than the typical single family dwelling and generally related to ` generous common open spaces (see Appendix A). I Dwelling, Single Family Detadhad: A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in canton with any other dwelling (see Appendix A). Dwelling, Single Family Manufactured: A transportable, manufactured detached single family dwelling which is designed for year round occupancy and connected to utilities. Both modular and mobile housing which are designed with standard roofing and siding and sit on a permanent foundation are included in this definition (see Manufactured Home). I Dwelling, Single Family Tkownhouse: A dwelling on a separately owned lot which is joined to another dwelling on one or more sides by a party wall or abutting separate walls and occupied by not more than one family (see Appendix A). Dwelling, Zero Lot Line: A single family detached dwelling on a separately owned lot which is located in such a manner that one of the dwellings' sides (zero lot line wall) rest directly on a lot line (see Appendix A). 1 - 7 ' Easement: A grant of one or more of the property rights by the property owner to and/or for the use by public, a corporation, or another person or entity (see Appendix A). ' Easement, Access and Egress: An easement dedicated for the purpose of provid- ing a way or means of entering and exiting a property by use of vehicle or pedestrian means. ' Easement, Avigation: An easement dedicated for the purpose of protecting the air lanes around and adjacent to an airport, specifically the airport hazard ' areas as defined by FAR Part 77. Easement, : An easement dedicated for the purpose of providing for the spatial requirements needed during the construction process. The effective ' date of said construction easements shall be for the time period required to complete the specified bion, at such time it shall be terminated and will not constitute a permanent encumbrance to the property. ' Easement, Drainage: An easement dedicated for the purpose of permitting the placement of pipes, swales, channels, natural features and man-made improvements designed to carry storm water drainage and to provide for the access to and ' maintenance of said facilities. Easement, Maintenance: An easement dedicated for the purpose of providing for ' the continuing maintenance of facilities, structures, or other item, that require continual attention and attendance. Easement, Utility: An easement dedicated for the purpose of permitting the placement of electric, telephone, gas, cable television, water, wastewater, and other public utilities and to provide for the access to and maintenance of said facilities. ' Eating Establishment: An establishment where the primary activity is the sale and consumption of food and where beer, wine and alcoholic beverage service, if ' any, is incidental to the sale of food. Fbod service shall constitute not less than fifty-one (51) percent of quarterly sales. Eating Establishment (Drive-'fou): An eating establishment where food service ' is offered and served or delivered to customers in automobiles. Eatting Establishment, (With Music and ): An eating establishment ' which incidentally may offer music, entertainment and facilities for dancing patrons and so licensed by the City or State. ' Family: Any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage or adoption. ' Federal - Aid Primary Highway: Any highway system as established and maintained as a primary highway; including extensions of such systems within municipali- ties, which have been approved pursuant to Subsection B of Section 102 of Title ' 23, United States Code. (The following highways in the City meet this defini- tion: SH 121, SH 183, and SH 360.) ' 1 - 8 I I Flood Plain: The channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater. I Floodway: The channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river. Floor Area: The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding basements, open and II screened porches, and garages. _ Floor Area Ratio (FAR): A non-residential land use intensity measure expressed as the ratio between the number of square feet of gross floor area within the buildings on a lot and the total square footage of land in the lot. It is the number resulting from dividing the floor area by the lot area (see Appendix A). Frontage, Freeway A tract of land having a frontage adjacent to a Federal-Aid Primary Highway or separated therefrom only by a service road. Frontage, Lot: The length of street frontage between property lines measured at the street right-of-way line (see Appendix A). Frontage, Street: The length of all property on one side of a street between I two intersecting streets measured along the line of the street. Grarrifattered: Any lawfully existing circumstance that does not comply with the current ordinances, however, is allowed to continue for a specific duration. Ground Comer: Low growing, dense spreading plants. typically planted from containers. High Capacity/Limited Ntmement Driveway: A driveway constructed with non-standard design characteristics to meet the needs of greater driveway volumes and/or limitation of movements accessing or egressing the driveway. .£ Home Occupation: Any occupation or activity conducted within the walls of a dwelling unit and not visible or noticeable in any manner or form from outside the walls of the dwelling. Hotel or hotel: A building or group of buildings designed and occupied as a temporary dwelling place of individuals. TO be classified as a hotel or motel, an establishment shall contain individual guest rooms or units and shall furnish customary hotel services such as linens, maid service, telephone, use and upkeep of furniture and the accommodations shall not be designed as permanent dwelling units. Incidental Use: A use that issupportive of the primaryuse and is normal to q the usual operation of that use but is minor and secondary in nature. impervious Coverage: That portion of a lot area which is covered by an imperme- I able surface, such as structures or paving, and thereby not allowing water penetration. a 1 - 9 Internal Storage: The length of driveway approach or departure that does not ' permit movement across the driveway approach or departure. Landscaped Area: An area which is covered by natural grass, ground cover, or ' other natural living plant materials. LamiMasses: Thin blade surface growing plants typically planted from seed, ' sprigs or plugs. Lot: A parcel of land which has been established as a result of the platting process; and has been approved by the City and filed of record at the Tarrant ' Oaimty Plat Records (TCPR). Said lot may be occupied or intended to be occupied '. by a building and its accessory building and including such yards and other open spaces as are required under this document and having access to a dedicated street or other approved method of access and egress (see Appendix A). lot Area: The total horizontal area within the lot lines of the lot. ' Lot, COO er: A lot or parcel of land abutting two (2) or more streets at their intersection (see Appendix A). ' Lot Depth: The average horizontal distance between the front and rear lot lines (see Appendix A). ' Lot, Flag: A lot fronting on or abutting a public street and where access to the public street is by a narrow, private right-of-way (see Appendix A). Lot, Interior: A lot whose side lot lines do not abut upon any street (see ' Appendix A). Lot, T ux gh: Also known as Double-Front Lot, is a lot having frontage on two ' or more non-intersecting dedicated streets other than a corner lot. The actual front of the lot shall be considered that side on which the building set back line is located and in which the structure faces. The other lot line having ' street frontage shall be considered the rear yard line and shall comply with the required yard requirements, screening and fencing as deemed appropriate for rear property lines. Access to the lot via the rear frontage line shall not be permitted without approval of the City (see Appendix A). tLot Line: A line of record bounding a lot which divides one lot from another lot, a public or private street or any other public space (see Appendix )). ' Lot Line, Front: The lot line separating a lot from a street right-of-way (see Appendix A). ' Lot Line, Rear: A lot line which is opposite and most distant from the front lot line (see Appendix A). ' Lot Line, Side: Any lot line not a front or rear lot line. Where a lot has only three (3) lot lines, those lot lines which do not front upon a street shall be deemed side lot lines (see Appendix A). 1 - 10 1 Lot Orientation: The compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback. tot of Record: A lot which is part of a subdivision plat which has been record- ed in the office of the County Clerk of Tarrant County. Manufactured or Mobile dame (BUD-Code): A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing Urban and Development, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred (300) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a foundation when connected to the required utilities, and includes plumbing, heating, air-conditioning, and electrical systems Manufacturing Home Rental Community: A tract of land which is separated into two or more spaces or lots which are rented or leased or offered for rent or lease to persons for the installation of manufactured hones for use and occupan- cy as residences; provided that the lease or rental agreement is for a term of less than sixty (60) months and contains no purchase option. I Marnufactured Flame Sdivisian: A unified development of mobile home sites on lots platted for such purposes, which lots may be sold to the owners of mobile homes situated thereon, meeting all the requirements of applicable zoning and subdivision ordinances and designed to accommodate such hones on a permanent basis. Median: A raised, curbed division between lanes of opposing traffic. Mini-Warehouses: A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, cxanpartmentalized, and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. No outside storage, sales, service, or repair activities, other than the rental of dead storage units, shall be permitted on premises. Mabile Home: See Manufactured or Mobile Home Zion-Conforming Structure: Any building or structure that does not conform to the zoning district development standards and which lawfully existed prior to the adoption of the current zoning regulations by the City. ' Non-Confonminq Ube: A use or activity on a parcel of land or portion thereof which was lawful prior to the adoption, revision, or amendment of the City Codes; but, which fails, by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. Nude: A state of dress in which clothing does not cover the genitals, pubic '. region and areolae of the female breast. Qne-fay Driveway: A driveway constructed to accommodate only one direction of traffic movement, either an entrance or exit. 1 - 11 t II I I Open Space: An area included in any side, rear or front yard or any unoccupiedspace on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves and plant material. I Owner: Any person, group of persons, firm or firms, corporation or corpora- tions, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. IOutdoor Storage: An unenclosed, open to the sky area which is used for either the temporary or permanent placement of goods, supplies or equipment. I Parcel: (see lot) Parkway: The area between the curb line or edge of pavement of a street and the I nearest right-of-sway line of such street. Party Drriveway: A single way providing vehicular access to two adjoining IIproperties (see Appendix A). Wall: Ammon shay �Y.ng units (see Appendix' wall between two separate structures, buildings, or dwellA). IPerformance Standards: A set of criteria or limits relating to nuisance ele- ments which a particular use or process may not exceed. IPerpetual Maintenance Agreement: An agreement made in which the City is made a party and in which a developer or contractor agrees to provide appropriate Imaintenance operations as specified in the agreement for an unspecified period of time usually consisting of the lifetime or duration of an identified project. Permanent Cbmm pity Open Space: Parks, school playgrounds, community centers, I golf courses, parkways, water areas or similar areas which are dedicated to the City or which are created as private open space under a permanent agreement for maintenance and responsibility and accepted by the Council after recommendation I by the City Attorney. Planned Development: A district with development characterized by a unified site development plan which may provide for a mixture or combination of residen- Itial, business, office, recreational, and open space ImPs. Plat: A scaled map that shows property boundaries, easements, dimensions, I rights-of-way that encumber the property, and additional information as required by this UDC for the type of plat being prepared. Plat, Final: A legally binding instrument prepared by a licensed Public Survey- ' or in conformance with the approved preliminary plat and complying with the regulations outlined in this document and applicable state statutes which, if approved by the Planning and Zoning Commission and City Council may be submitted Ito the County Clerk for recording. Plat, Preliminary: A plat, being prerequisite to the Final Plat and indicating I the proposed layout of the development, which if approved by the proper review authority in accordance with the regulations outlined in this document, consti- tutes authorization to proceed with the Final Platting upon approval. t 1 - 12 1 • 1 Plat, Sketdl: A rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification. Premises: (see lot) Public Hearing: A meeting held prior to a specific action to allow the public an opportunity to receive information and to provide input. The meeting shall be conducted in accordance with proper procedure as stipulated by state and local laws regarding notification and due process. Public improvements: Any improvement, facility or service together with its associated easements, sites, or rights-of-way dedicated for public use, which is necessary to provide transportation, drainage, public utilities, emergency services, energy or similar essential services. - Public Notice: The advertisement of a public hearing, as stipulated by state 1 and local laws, in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing. lat: Ain an or recorded subdivision lat if such change Rep change approved p affects any street layout or area reserved thereon for public use, or any lot line. 1 Return Frequency Storm: The probability that a given rainfall intensity will occur in any one given year. 1 Roll-Down Curb: Also known as lay-down curb, a curb that by its construction has a slope of face such that it facilitates driving vehicles over the curb. Construction of roll-down curbs shall be in compliance with the standards as provided by the Director of Public Works. Rooming House: A building other than a hotel or multi-family dwelling, where lodging is provided for compensation for five (5), but not more than fifteen (15) persons, where meals may be serviced to residents only, and where food preparation facilities are not provided in individu1 roams. Semi-Nude: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. Setbadt: The distance between the lot line and the building line (see Appendix Al. Sexually Oriented Business: An adult arcade, adult bookstore, or adult video store, adult service establishment, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business, or sexual encounter center; and/or any establishment whose principal business is the offering of a service or the selling, renting, or the exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or whose employees or customers appear in a state of nudity, semi-nudity, or simulated nudity. Sexually Oriented Business shall 1 - 13 11 II I not be construed to include any business operated by or employing licensed I psychologists, licensed physical therapists, registered nurses, or licensed athletic trainers; any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; any retail I establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or any activity conducted or sponsored by any Texas independent school district, II licensed or accredited private school, or public or private college or university. Itrns used herein are further defined in Chapter 18, Article III of the Euless Cbde of Ordinances. IShopping Center: A group of commercial establishments which are planned, developed, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves. IShrubs: Plants which grow vertically in a multi-branched pattern. Sign: Any structure or part thereof, or any device attached to, painted on, or I represented on a building, fence or other structure, upon which is displayed or included any letter, word, mode, banner, flag, permanent insignia, decoration, device, logo, design or representation used as, or which is in the nature of, an II announcement, direction, advertisement or other attention getting device. See Article 6 of the UDC for specific sign definitions. II Site Development Standards: Regulations controlling NONiMUM density, height and impervious coverage; and minimum lot area and width, yard setbacks and floor area. I Spread of Water: The quantity of storm water that is allowed to collect in the streets before being intercepted by a storm drainage system. II Standard Driveway: A single, undivided driveway opening providing for both entrance and exit traffic movements with horizontal characteristics of width and radii, as determined by this ordinance. IStorm : (see Return Frequency Storm) Story: That portion of a building included between the surface of any floor and I the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it (see AppemlixA). II Street, Private: Any vehicular access way under private ownership and mainte- nance, that has not been dedicated to and accepted by the City. Street, Public: Any thoroughfare other than an alley which has been dedicated II to the public for public use and has been accepted by the City and which affords primary access to abutting property. IIStreet Line: (see Frontage, Lot) Structure: Any man-made item constructed or erected, which requires location on I the ground, or attached to something having a location on the ground; including, but not limited to, buildings, communications towers, signs and swimming pools, and excluding utility poles, parking lots, fences and retaining walls. I 1 - 14 1 Subdivider: Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision. 1 SUbdivisian (or Platting): The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, develop- rent or lease. } Time of Comptian: . A measurement used in the design of storm drainage facilities which represents the longest time that will be required for a drop of water to flaw from the upper limit of the drainage area to the point of concen- tration. Trailer or Nbbile dome Park: A tract of land used to accommodate single family manufactured dwellings as a place of residence. Such may be either a manufac- tured home rental community or subdivision. • and will qualifyas such if either of the follow- } 'l�+ee. A tree shall be defined ing are net: a. A woody plant having one well defined stun or trunk and a more or less _definitely formed crown, and usually attaining a mature height of at -least fifteen (15) feet. b. A plant listed as a tree in arboriculture. Care of Trees, Shrubs & Vines in the Landscape, by Richard W. Harris, 1983. Prentice-Hall, Inc., Fliglewood Cliffs, New Jersey. 1 Use: The purpose or activity for which land or a building is designed, arranged or intended or for which land or a building is or may be occupied or maintained. ' flee, Primary: The specific principal purpose for which land is used. Use, Temporary: A use which is established for a fixed period of time with the II intent to discontinue such use upon the expiration of such time. Such uscs do not involve the construction or alteration of any permanent structure. Variance: A deviation from the literal provisions of the zoning or platting regulations, as established in this Code, which is granted by the Zoning Board of Adjustment or City Council, when strict conformity to the Code would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted. Yard: An open space, other than a court, between a building and the adjoining lots lines, unoccupied and unobstructed from the ground upward except as other- wise provided herein (see Appendix A). Yard, Front: A yard extending across the front of the lot between side lot lines and having a minimum horizontal depth measured from the front lot line as specified for the district in which the lot is located. On corner lots, the yard containing the designated primary entrance and on which the house address is listed shall be considered the front yard (see Appendix A). 1 1 - 15 ' ' Yard, Rear: A yard extending across the rear of the lot between side lot lines and having a minimum horizontal depth measured from the rear lot line as speci- fied for the district in which the lot is located. Where such yard abuts an alley, the depth of the rear yard may be measured from the center line of the ' alley. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from ' the front yard (gee Appendix AO. Yard, Street: The lot area which lies between the street right-of-way and the ' actual front wall line of the building and as imaginatively extended frau the outward corners of the building, parallel to the blreet to the side lot lines. Steps and unenclosed porches shall be excluded, but such wall line shall include any irregular building indentations. tOn corner lots, the street yard shall consist of all lot area between both streets and their corresponding actual front building wall lines, as such lines ' are imaginatively extended in the manner described above. When there are multiple buildings on a lot, the street yard shall consist of all the area between the street right-of-way and any imaginary line beginning at one ' side of the lot, running parallel to the street, connecting to the foremost corner of the building wall fronting the street and nearest such side lot line, then following and connecting the foremost walls of all buildings fronting the ' street, and then extending parallel to the street side lot line. If a building has a rounded front, the front building wall corners shall be the points closest to the side boundaries. Isolated buildings (i.e. fast food restaurants in a ' shopping center, photo processing drop-offs, bank drive throughs, etc.) shall not be considered in delineating street yards. On land used only for off-street parking purposes, the street yard shall consist of the entire lot (see Appendix ' (3) Amendments to Definitions: Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the City Crnmcil of the City of Euless after conducting a public hearing and receiving the recommendations and report of the Planning and Zoning Qninnis- sion on such amendments or additions. Revised 07/22/93 ' 10/18/93 11/08/93 ljl\udc/article.l 1 - 16 1 1 ARTICLE 2 - ADMINISTRATION Section 2-100. Enforcement. The provisions of the Miffed Development Control Document shall be adminis- } tered, interpreted and enforced by the City Manager or his designee. Section 2-101. Comipli,anoe Required. .All land, buildings, structures or appurtenances thereon located within the City which are hereafter occupied, used, erected,• altered or converted shall be used, placed and erected in conformance with the regulations prescribed herein. Land used in meeting the requirements of this document with respect to a particular use or building shall not be used to meet the requirements for any other use or building. No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as an approval of a violation of the provisions of this document or of other ordinances of the City of Djless. Certificates presuming to give authority to violate or. cancel the provisions of this document or of other ordinances of the jurisdiction shall not be valid. Section 2-102. Certificate of OoaupanCY Required. (1) Certificate Required Prior to Occupancy: No building, or portion there- of, or parcel of land shall be used or changed in use until a Certificate of Occupancy shall have been issued by the City. Failure to comply with the provisions of this document shall result in the issuance of a cita- ' tion and/or constitute a basis to deny or disconnect City utilities or to require private utility companies to do likewise. (2) Connection to Utilities: A Certificate of Occupancy shall be applied for and issued before occupancy and connection of utilities to such building, provided such construction or change has been made in complete conformity to the provisions of this document and other laws. 1 (a) Temporary connection of utilities may be authorized by the Adminis- trator for the purpose of clean up, construction or other such purposes. Temporary connection of any utility shall be for a specified duration not to exceed sixty (60) days and shall not be used for temporary occupancy. } (3) Records: A record of all Certificates of Occupancy shall be maintained I on file in the City and copies shall be furnished for a fee on written request to any person. (4) Contents of a Certificate of Occupancy: An application for a Certificate of Occupancy shall at a minimum contain the following information: Business name, business address, business phone number, type of use, business owner, business owner's address, business owner's phone number and emergency phone number, applicant's driver's license number, appli- cant's date of birth, and applicant's signature. 2 - 1 ' 1 1 (5) Fee: A fee sufficient to recover administrative cost and cost for inspecting for compliance will be assessed in accordance with City Fee Ordinance. ' (6) Other Requirements: Requirements applicable to specific land uses and on-site situations are listed as follows: ' (a) Applicable Land Use Districts: A current Certificate of Occupancy is required on All land, buildings, or portions thereof that are not designated as being located within a 1 or 2 family dwelling use. ' (b) Display of Certificate of Occupancy: A Certificate of Occupancy is required to be clearly displayed on the site and in a conspicuous place. ' (c) Certificate of Occupancy Kept Current: A Certificate of Occupancy is required to be kept current reflecting any change of address, ' name changes, changes in ownership, or other pertinent information listed on the Certificate. Section 2-103. Project Under Construction at Time °ELM Adoption. ' Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction within the City on ' the effective date of this document and which entire building shall be com- pleted within one (1) year from the effective date of the document or which building shall be maintained under continuous construction even though not completed within one (1) year. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid and provided the building shall have been started within 180 days of the date of ' issuance of the permit and which entire building shall be maintained under continuous construction even though not completed within one (1) year. Section 2-104. ac_ pLiance with UDC Required Fbr Building Permits and/or Utility Service. No building or construction of a building or structure upon any tract, parcel ' or premise shall commence, and public utilities shall not be extended or connected to a building or structure unless the lot, tract, parcel or premise is in accordance with all the provisions and requirements of this Unified t Development Control Document and all applicable Building Permits and author- izations to proceed are first obtained. Section 2-105. Violations and Penalties. ' Any person, firm, corporation or entitythat violates or assists sts in the <; violation of any of the provisions of this document or fails to comply with ' any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of ' up to two thousand dollars ($2000) for each violation. Each day a violation exists shall constitute a separate violation or offense. In order to enforce the provisions of the Unified Development Control Document, the City Attorney 2 - 2 1 is also authorized to institute any civil action in the appropriate court upon the prior approval of the City Manager. 11 Section 2-200. Platting Regulations - General. (1) Authority: 1 (a) In addition to its other responsibilities, the Planning and Zoning Carmission of the City of Euless (hereinafter "Commission") is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land plans, conveyance plats, preliminary plats, final plats, amended plats, replats, and vacations of plata. (b) The Administrator is vested with the authority to approve minor plats (See Secti n 9-300(1)(a) (Miter S E divisions]. The Administrator may, for any reason, elect to present a minor plat to the Planning and Zoning Commission for approval. The Administrator may not disapprove a minor plat and shall refer any minor plat refused for approval to the Planning and Zoning Commission within 30 days of the official date of application. (2) Variances, Exceptions, and Appeals to Platting: The City Council shall have the ultimate power to grant or reject variances or special excep- tions to platting regulations which consist of Articles 9, 10, 11 and 12 of this Code. (a) Findings of Extraordinary Hardships or Practical 'Difficulties: Where the City Council finds that extraordinary hardships or practi- I cal difficulties may result from strict compliance with the platting regulations or that the public interest may be better serviced by an alternative proposal, the Council may approve a variance or special exception to the platting regulations of this Code. (b) Grounds for Variances or Special Exceptions: The City Council shall not authorize variances or special exceptions unless it shall make findings based on the evidence presented to it in each specific case that: 1. Theof the variance or special exception will not be 11 granting P� Ptr detrimental to the public safety, health, or welfare or injuri- ous to other property; 1 2. The conditions upon which the request for a variance or special exception is based are unique to the property for which the request is sought and are not applicable generally to other property; 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict terms of these regula- tions are enforced; 2 - 3 ' II I II 4. The variance will not in any significant way vary the provisions of this Ciode, zoning map, or comprehensive Master Plan. (c) Petition Requirement: A petition for any such variance shall be II submitted in writing by the applicant at the time when the prelimi- nary plat is filed for consideration. The petitioner shall state fully the grounds for the variance and all the facts to be relied IIupon in reaching a decision. (3) Burden of Proof: The applicant shall have the burden of proving to the I City Council that the conditions supporting the allowance of a variance or special exception, as may apply and are set out in this Section have been net. IISection 2-300. Variance, Exceptiormarld Appeals far Zoning. A procedure is established in this Section that allows the applicants and II property owners within the corporate limits of Euless an opportunity to appeal and vary the zoning regulations provided herein. However, all variances, exceptions and appeals to zoning issues must be obtained in accordance with II the procedures defined in this Section. ' (1) Authority: This subsection defines the bodies that have authority over variations, changes, and adjustments to the zoning process of the City. = II The State of Texas has defined and legislated definite regulations and procedures regarding any variances to the adopted zoning ordinances of the City. Variances to zoning, which include Article 3, Article 4, Article 5, Article 6, Article 7 and Article 8 of this Unified Developmnt II Control Document, are decided in a different manner than variances to the platting process. In fact the word "variance" implies different implica- tions in the zoning process than it does in the platting process. The I Zoning Board of Adjustments, as described in this Article, has been authorized by State statutes to hear and act on variances to the zoning ordinances of the City of EUless. 1 (2) SOrden of Proof: The applicant shall have the burden of proving to the Board of Adjustment that the conditions supporting the allowance of a variance or special exceptions, as may apply and are set out in this IISection, have been met. (3) Conditions. The Board or City Council, as may apply, is empowered to II impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. II (4) Creation of • ' 0 Board of Adjustment: There is hereby created a Board of Adjustment to hear and decide requests for variances, exceptions and = appeals to Article 3, Article 4, Article 5, Article 6, Article 7 and Article 8 of this Unified Development Control Document. II (a) Board Members: The Board shall consist of five (5) regular members and two (2) alternate members who are residents of the City, each to II be appointed by order of the Council for a term of two (2) years and removable for cause by the Council upon written charges and after public hearing. 1 2 - 4 1 t (b) Vacancies: The City Council shall appoint all members of the Zoning Board of Adjustment and shall fill vacancies for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. (c) Quorum: All cases to be heard by the Board shall always be heard by II a minimum of four (4) neuters. Alternate neuters may participate in the discussion of any case before the Board, however, shall not vote II except in the absence of one or more regular members. Should one regular member be absent, then Alternate One (1) shall have right to vote. Should one (1) regular member and Alternate One (1) or two (2) or more regular members be absent, then Alternate No shall have the right to vote. ' (d) Required Vote: The eommo ring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any zoning matter upon which it is required to pass under this Code or to effect any zoning variance in said Code. 11 (5) 'rocedures of the Board: The Board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this code or State Law. (a) Called Meetings: Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. The Chair, or in his or her absence, the Acting Chair, may administer oath and compel the attendance of witnesses. (b) Public Record: All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, stowing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep record of its examina- tions and other official actions, all of which shall be immediately - filed in the Office of the Administrator and shall be of public record. (6) Appeal Procedures: Appeals to the Board may be taken by any person aggrieved or by any officer, department, or Board of the City affected by any decision of the administrator. (a) Filing Appeal: Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the Administrator, by filing with the Administrator from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The administrator frog. whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from. was taken. (7) Effect of Appeal: The appeal stays all proceedings unless the adminis- ' trative officer whose decision has been appealed certifies after notice of appeal that a stay would, in his opinion, cause imminent peril to life or property. If this statement is filed, then the administrative pro- ceedings can be stayed only by a restraining order granted by the Board 2 - 5 ' II II II or by a court. Such a stay will require an application, notice to the administrative officer, and showing of due cause. (8) Rehearing of Appeals: Any person aggrieved, any officer, eWpartment, or II Board of the City, who has made proper application and has received action by the Board regarding that application, may have that application reheard again before the Board. However, such rehearing shall be in IIaccordance: with the following conditions: (a) Time Limitation: No appeal to the Board for the samP or related variance or exception on the same piece of property shall be allowed II prior to the expiration of six (6) months from the previous ruling of the Board unless conditions relative to other property in the immediate: vicinity, within the said six (6) months period, have been IIchanged or acted on by the Board or (X,uncil so as to alter the facts and conditions on which the previous Board action was based. II (b) Change of Circunstance: Such change of circumstances shall permit the rehearing of an appeal by the Board, prior to the expiration of the six (6) months period. However, such conditions shall in no way have any force in law to compel the Board, after a hearing to grant 11 a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought. II (9) Hearing Procedures: The Board shall conduct a public hearing so that any interested party may appear in person or by agent or by attorney to voice opposition or support of any application. II (a) Building Permit or Certificate of Occupancy: Any special exception or variance granted or authorized by the Board under the provisions II of this Cade shall authorize the issuance of a Building Permit or a Certificate of Occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action of the Board, unless said Board shall have in its action approved a longer period of time II and has so shown such specific longer period of time in the minutes of its action. II (b) Expiration of Building Permit or Certificate of Occupancy: If the Building Permit and/or Certificate of Occupancy shall not have been , applied for within said ninety (90) day period or such extended II period as the Board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be , without prejildice to a subsequent appeal and such subsequent appeal II shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal. II (10) Specific Powers of the Board of Adjustment: The Board of Adjustment shall have the following specific powers: II (a) Hear and Decide Appeals: The Board shall hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the 11 1 enforcement of this Code. The Board must find the following in order to grant an appeal: 1 1. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map; 1 2. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated; 3. The decision of the Board must be such as will be in the best interest of the courunity and consistent with the spirit and intent of the City's zoning laws. (b) Hear and Decide Special Ewceptions: The Board shall hear and decide special exceptions to the terms of this Code. The term "special exception" shall mean a deviation from the requirements of the zoning regulations herein established in this Code. Special excep- tions shall be granted only in the following instances, and then only when the Board finds that such special exceptions will not adversely affect the value and use of adjacent or neighboring property or be contrary to the public interest: 1 1. Tb approve the use of a lot or lots in a single family residen- tial district contiguous to (even if separated by a street or alley) a multi-family, business, office or manufacturing dis- trict for off-street parking of vehicles, subject to such standards and safeguardsas are appropriate, for the protection of adjacent residential uses; 1 2. Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard; 3. Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgement of the Board, I prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure and provided that such actions conform to the provisions of the Code; 4. Initiate on its motion or cause presented by interested property owners action to bring about discontinuance of a nonconforming use in accordance with the appropriate provisions of the Code; 5. Require the discontinuance of a nonconforming use under any plan 11 whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of the Code; 6. Permit the enlargement of or change in occupancy of a noncon- forming use to another nonconforming use in accordance with the appropriate provisions of the Code. 2 - 7 II II (c) Authorize Variances: The Board may authorize, upon appeal in the II specific cases, variances from the terms of this Chapter. Such variances shall not be contrary to the public interest and shall be such that substantial justice shall be done. Except as otherwise II prohibited in this document hereof, the Board is empmered to authorize a variance from a requirement of this document when the Board finds that all of the following conditions have been met: 1 1. That the granting of the variance will not be contrary to the public interest; and, II 2. That literal enforcement of the Cbde will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical I situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physi- ' cal hardship relating to the property itself as distinguished II from hardship relating to convenience, financial considerations or caprice, and applicant or property owner's own actions; and, 3. That by granting the variance, the spirit of the Code will be IIobserved and substantial justice will be done. (11) Revocation or Modification: A variance or special exception may be IIrevoked or modified for any of the following reasons: 1. That the variance or special exception was obtained or extended by fraud or deception; II2. That one or more of the conditions imposed by the Board in granting such variance or special exception has not been cam- IIplied with or has been violated; 3. That the variance or special exception, although granted in II accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and wel- fare. II (a) Revocation or Modification of Previously Granted Variance or Special Exception. An action to revoke or modify a previously granted variance or special exception may be initiated by order of the City II Council, the City Manager, any member of the Board, or the person who obtained the variance or special exception. , (0) Hearing of Request: The Board shall hear a request for the revoca- I tion or modification of a variance or special exception in accor- dance with the same notification and hearing procedures established for original variances and special exceptions. II (12) Notice of Board Hearings: The Board shall hold a public hearing on all appeals made to it. Written notice of such public hearing shall be sent 11 to the applicant and all owners of real property, as the ownership appears on the approved City tax roll, lying within the city limits of the City of Euless and within two hundred (200) feet of the property, II 2 - 8 t 1 1 regardless of public rights-of-way and/or easements, on which the appeal } is made (See Appendix A). Such notice shall be given not less than ten (10) days prior to the date set for hearing. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. Notice shall also be given by publishing same in the official publication of the City at least ten (10) days prior to the date set for hearing. Such notice shall state the time and place of such hearing. Section 2-400. Amending the Unified Development Control Docent. The Unified Development Control Doommt may be amended by action taken by the City Council of Euless. The procedures for amending both the platting and zoning regulations are provided in this section. (1) Amending the Platting and Related Public Improvements Regulations: 1 Amendments to the platting and related public improvement regulations shall be subject to the standard rules, regulations and procedural requirements for amending the City Code. 1 (2) Amending the Zoning Regulations: Ami to the zoning text and map are defined very clearly by state law and differ from the normal process of amendments to the City Code. The process and requirements of zoning amendments are provided as follows: (a) Procedures for Amendments: Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the Council for a change or amendment to the relevant provisions of the Unified Development Control Document or the Commission may, on its awn motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of the zoning regulations of this document shall be on a form prepared and provided by the City and shall bear the signature of the owners of all property within the area of request. (b) Commission Hearings for Zoning Changes that Affect Specific Proper- 1 ty: These changes usually constitute changes to property boundaries as designated on the zoning map. The Commission shall hold a public hearing, prior to making its recommendation to the Council, on any application for an amendment, supplement or change to the zoning map or text of this UDC, which affects specific property. Written notice of all public hearings for a district boundary change shall be sent to all owners of real property lying within the city limits of Euless and within a radius of two hundred (200) feet of the property (including any public rights-of-way) on which the change is requested. 1 Such notice shall be given not less than ten (10) days prior to the date set for the hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved city tax roll. (c) Commission Hearings for Zoning Changes that do not Affect Specific ' Property: These changes are usually associated with textual chang- es. When any proposed amendment, supplement, or change of zoning 2 - 9 II II Inap or text of this UDC does not affect specific property, notice of public hearing of the Planning and Zoning Commission shall be given by publication in a newspaper of general circulation in the City of Euless without the necessity of notifying property owners by mail. II Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than ten (10) days prior to the public hearing. II (d) Filing and Fees: Each and every application for an amendment as provided in this section shall be filed with the Adminisixatwpwior to being presented to Council, and shall be accompanied by a filing II fee in an amount as shall from time to time be set by the Council, and payable to the City. I (e) City Initiated Changes: The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the text of the regulations herein. Before taking II action on any such amendment, supplement or change, the Council shall submit same to the Commission for its recommendation. = (f) Council Bearings: A public hearing shall be held by the Council II prior to adopting any proposed amendment, supplement or change to these regulations. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of IIgeneral circulation within the City. (g) Amendment Under Protest: If a proposed amendment, supplement or change to a zoning district boundary has been recommended to be II denied by the Commission, or if a written protest against such proposed changes has been filed with the City, duly signed and acknowledgedby the owners of twenty (20) percent or nore of either II the area included within such proposed change or the area within the city limits of Euless and within a radius of two hundred (200) feet of the proposed change, including public rights-of-way, such change II shall not become effective except by a three fourths (3/4) vote of the City Council. (h) Standards for Amendments: In reviewing applications for district , II amendments, the Commission and Council shall consider the following factors: II 1. Whether the proposed change would be contrary to the Comprehen- sive General Future Land Use Plan; II 2. The suitability or unsuitability of the property as presently zoned and/or developed, 3. The possible creation of an isolated district unrelated to II adjacent and nearby districts; = 4. The population density pattern and possible increase or overtax- II ing of the load on public facilities such as schools, utilities, or streets; 1 2 - 10 5. Whether existing district boundaries are illogically drawn in relation to existing conditions an the property proposed for change; 6. Whether changed or changing conditions make the passage of the proposed amendment necessary; 7. Whether the proposed change will adversely influence living conditions in the neighborhood; 8. Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety; 9. Whether the proposed change will create a drainage problem; 10. Whether the proposed change will seriously reduce light and air to adjacent areas; 11. Whether the proposed change will adversely affect property values in adjacent areas; 12. Whether the proposed change will be a deterrent to the improve- ment or development of adjacent property in accordance with existing regulations; 13. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare; 14. Whether there are substantial reasons why the property cannot be used in accord with zoning; and, 15. Whether the change suggested is out of scale with the needs of II the neighborhood or the community. REVISED 08/06/93 10/18/93 ljl/udc/article.2 2 - 11 ' ARTICLE 3 - PENCCNITIRMANCE Section 3-100. Purpose and Intent. It is the purpose of this Article that nonconforming uses and structures shall be eventually discontinued and the use of such premises shall be required to conform to the regulations prescribed herein having due regard ' for the investment in such nonconforming use. accept as hereinafter provided, no nonconforming use of land or building, ' nor any nonconforming structure shall be enlarged, changed, altered, or repaired, except in conformity with the following regulations. ' Section 3-200. Types at I&lk an focmity. (1) Nonconformity of Use: Any use of land or building which does not conform to the permitted use regulations prescribed in this Ordinance shall be deemed to be a nonconforming use. (2) Nonconformity of Structure or Building: Any building or structure ' which does not conform to the lot area, yard setback, impervious coverage, height, parking, loading, screening, access or other site development standards prescribed in this Ordinance shall be deemed to ' be a nonconforming structure. Section 3-300. Status of Nonoonfarmity. ' A nonconforming status under the provisions of this Ordinance shall exist: (1) Fre-existing to Ordinance: (A nonconformity shall exist) When a use or ' structure, which does not conform to the regulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located and operating on the effective date of this Ordinance and has been in regular and continuous use. ' (2) Pre-exist' at Annexation: (A nonconformityshall exist) When a � use or structure, which does not conform to the regulations prescribed in ' the district in which such use or structure is located, was in exis- tence at the time of annexation to the City and has since been in regular and continuous use. ' Sectian 3-400. Regisiboraticm of Nionccnforndriglates. The user or owner of all nonconforming uses of land or buildings shall, ' within eighteen (18) months of the effective date of this Ordinance, regis- ter such nonconforming use by obtaining from the City a certificate of Occupancy (Nonconforming). Such Certificate of Occupancy (Nonconforming) ' shall be considered as evidence of the legal existence of a nonconforming use as contrasted to an illegal use or violation of this Ordinance. The City shall maintain a register of all Certificates of Occupancy issued for nonconforming uses. 1 3 -1 1 Section 3-500. Terminatkn of Nonconforming Uses. It is the intent of this code that nonconforming uses eventually be discon- 11 tinued having due regard for the investment. Conditions that would require nonconforming uses to be terminated are provided below. (1) Remodeling and fl lar ing: A nonconforming use may be occupied, used and maintained in good repair, but it shall not be remodeled ar en- larged except as hereinafter provided. I (2) Fight to Operate: The right to operate a nonconforming use shall cease and such use shall be terminated under any of the following circum- stances: (a) Abandoned Use of Structure: Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance with this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued, or which remains vacant, for a period of six (6) months shall be considered abandoned. (b) Violation of Provisions: Whenever there is a violation of any of } the provisions of this Ordinance or violation of any ordinance of the City with respect to a nonconforming use. 1 (c) Conformance by Rezoning: Whenever a nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district. (d) Conformance by Change of Use: Whenever a nonconforming use is changed to a conforming use under the provisions of this OrdiII - nance. (e) Destroyed or Damaged Structure: Whenever the structure in which a nonconforming use is housed, operated or maintained is destroyed 11 or damaged by fire or other causes to the extent of more than fifty-one percent (51%) of the replacement cost of the structure, on the date of the damage, the right to operate such nonconforming 11 use shall terminate. (f) Termination by Board: Whenever the right to maintain or operate a nonconforming use is terminated by the Board in accordance with the provisions of this Ordinance. (g) Time Limitation: Whenever the time limitation established by a Special Use Permit has expired. 1 3 -2 ' ' Section 3-600. Changing Ikmanfatminq Mem. Changes from nonconforming uscs to conforming uses may be approved administratively, however, changes that do not eliminate nonconforming uses shall be considered by the Board of Adjustments and may be authorized only upon the Board's finding that the change conforms to the intent of this Code and is in the public's interest. ' (1) Changing to Conform: Any nonconforming use may be changed to a con- forming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use. ' (2) Granting of Change: The Board may grant a change of use frau one nonconforming use to another nonconforming use provided such changes are to a use permitted in a zoning district where the original noncon- forming use world be permitted or provided that such change is to a use permitted in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a noncon- forming use. Upon review of the facts, the Board may establish a specific period of time for the return of the occupancy to a conforming use. ' (3) ,Approval to Remodel and/or Enlarge: The Board maythe remodel- ing and/or enlargement of a nonconforming use when such an enlargement ' would not tend to prolong the life of the nonconforming use. Section 3-700. Limitations an (banging Wx onfarminq tis. Certain changes to nonconforming uses shall not be authorized by the Board of Adjustment and are identified below. ' (1) Changing to Another Nonconforming Use: No nonconforming use shall be changed to another nonconforming use which requires more off-street parking or loading spaces than the original nonconforming use unless additional off-street parking or loading spaces are provided so as to comply with the requirements of this Ordinance. (2) Maintenance of Dwelling Unit Density: The number of dwelling units in ' a nonconforming residential use shall not be increased so as to exceed the number of dwelling units existing on the effective date of this Ordinance. ' (3) Changes Occurring Off-Site: No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this Ordinance except to provide off-street loading or parking spaces upon approval of the Board. (4) Other Ordinances: All nonconforming uses being expanded under the provisions of the Ordinance shall comply with all other applicable provisions of this Ordinance. 11 ' 3 -3 1 1 Section 3-800. 't nation of NOnaanfaraing Structures. The right to use and maintain a nonconforming structure shall cease whenever any of the following actions occur. (1) Damage or Destruction: In the event of damage or destruction of a nonconforming structure to the extent of fifty-one percent (51%) of the replacement cost, such structure may be rebuilt only after public hearing and favorable action by an affirmative vote of four (4) members of the Board. (2) 1ition: hbenever a nonconforming structure is determined to be obsolete, dilapidated, or substandard by the Board, the right to operate, occupy, or maintain such structure ure may be terminated by action of the Board and such structure shall be demolished. 11 Section 3-900. Me of Nbnconforming Structures. Use, occupancy, remodeling and maintenance of nonconforming structures is hereby authorized subject to the following regulations. (1) Enlarging. Remodeling and Occupying: Any nonconforming structure may be enlarged, remodeled, occupied, used and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended so as to increase the non onformity with any of the provisions of this Ordinance. 11 (2) Certificate of Occupancy and Compliance: Where a nonconforming use is located in a structure which is nonconforming, the use may be changed to another conforming use by securing a Certificate of Occupancy and Compliance. 1 Revised 08/06/93 10/18/93 1 ljl/udc/article.3 1 1 1 3 -4 1 I II IIARTICLE 4 - =MG DL9TRICI1 REGULATICHS ' Section 4-100, Zoning Districts Establiehed. IIIn order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or II land, the City of Euless is hereby divided into the following zoning dis- tricts or classifications: R-1C Single-Family Custom Dwelling District IIR-1 R-1L Single-Family Dwelling District Single-Family Limited Dwelling District R-1A Single-Family Attached Dwelling District II R-3 R-2 ¶I% -Family Dwelling District low Density Multiple-Family Dwelling District R-4 Medium Density Multiple-Family Dwelling District MH II R-5 High Density Multi-Family Dwelling District Mobile Home Dwelling District C-i Neighborhood Business District C-2 Cbmmunity Business District II TX 10 Texas Highway 10 Multi-Use District L-1 Limited Industrial District I-1 Light Industrial District II 1-2 PD Heavy Industrial District Planned Development District Section 4-200. Zcning flap Adopted. IIZoning districts established by this Ordinance are bounded and defined as shown on the Official Zoning Map of the City, which, together with all II explanatory materials contained herein, is hereby made a part of this Ordinance. In interpreting the Official Zoning Map, the following rules , - shall apply: ' _ II (1) location of District Boundaries: The district boundaries are the centerline of either streets or alleys unless otherwise shown, and where the district designated on the Zoning Map is bounded approximate- II ly by a street or alley, the center line of such street or alley shall be construed to be the boundary of the district. I (2) Ubdimensioned District Boundaries: Where the district boundaries are not otherwise indicated by dimensions, and where the property has been or may hereafter be subdivided, district boundaries shall be construed II to be the lot lines, and where the district designated on the official Zoning Map is bound approximately by lot lines, the lot lines shall be the boundary of the district. II (3) Unsubdivided Propertv: In unsubdivided property, the district boundary lines on the Official Zoning Map shall be determined by use of the scale appearing on the map. However, in cases of conflict, the record- !' ed metes and bounds description shall be used in determining district boundary lines. I 4 - 1 F 1 1 Section 4-201. District Boundary Uncertainty. If after application of the aforementioned rules, uncertainty still exists } with respect to the boundaries of the various district as shown on the official Zoning Map, the conflict shall be resolved by utilizing the appeal power of the Board of Adjustment as set forth in Section 2-300 (10) of.this Ordinance. If, because of error or omission in the official Zoning Map, any ' property in the City is not shown as being in a zoning district, such property shall be classified as R-1, single family detached residential. Section 4-300. Annexation Zoning Procedures. (1) : All territory annexed to the City hereafter shall be temporarily designated as R-1, Single Family Detached Dwelling Dis- trict, until permanently zoned by the Council. The Commission shall, as soon as practicable after annexation of any territory to the City, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, and the procedures to be followed shall be the same as is provided by law far the amendment of the Zoning Ordinance. (2) COnstructi.on in Annexed Areas with Temporary Zoning: In an annexed area temporarily classified as R-1, no construction of a building other than those allowed in a R-1 district shall be permitted unless such construction has been specifically authorized by Council and a permit issued. Construction of buildings other than those permitted in R-1 district may be authorized in newly annexed areas prior to permanent zoning in the following manner. (a) Application Required: An application for any use shall be made to 1 the Administrator: said application shall show the use contemplat ed, a plat showing the size of the lot or tract of land proposed to be used, and the location, size and type of buildings proposed to be constructed. (b) Referral by Administrator: Such application shall be referred by the Administrator to the Commission for consideration. (c) Commission Recommendation: The Commission shall make its recom- mendation to the Council after giving due consideration to the land use plan for the area in which the application is located. (d) Council Action: Whenever such a recommendation is filed with the Council, it shall be advisory only and the Council may grant or deny the application as the facts may justify. (e) Building Permit: If approved by the City Council the applicant may , apply for a building permit provided the building permit application is consistent with City Council Authorization. 4 - 2 ' II I II Section 4-400. Permitted tees Table. Only those uses listed in the following Permitted Use Table shall be permit- ted and then only in the District(s) specified with a RP" or "Sr as de- IIscribed below. (1) Use of Land and Buildings: Buildings, structures, land or premises II shall be used only in accordance with the uses permitted in the zoning district classification for the site subject to compliance with parking regulations, site development standards, special conditions and all other requirements of this Ordinance. II (2) Permitted Primary Uses: No primary use shall be permitted in any district unless the letter "P° or the letter "IS! appears opposite the IIpermitted primary use as listed in Table 4-11i. : (a) Permitted 'Ekes: The letter "P" means the use is permitted in that II zoning district as a use by right subject to providing off-street parking as referenced in the "Parking" column and required in Table 51-A and subject to compliance with all of the conditions , referenced in the "Special" column on the far right and described IIin Section 4-500. (b) Specific Use Permit: The letter "S" means the use is permitted in II that zoning district only after obtaining a "Specific Use Permit" as set forth in Table 4-A, and subject to providing off-street parking as referenced in the "Parking" column and required in Table 5-A and subject to compliance with all of the conditions Ireferenced in the "Special" column and described in Section 4-500. (3) Uses Not Listed: Uses not listed in Table 4-A may be permitted in any II district where similar uses are permitted upon receiving a permit there for from the AkindnisiLation. The function and locational requirements of the unlisted use must be consistent with the purpose II and deascription of the zoning district, compatible with permitted uses in the district, and similar in traffic-generating capacity, noisp, vibration, dust, odor, glare and other characteristics. II (4) Accessory Uses: A use which is customarily incidental to the primary use, which is located on the same lot or premise as the primary use, , and which has the same zoning district classification shall be permit- !' ted as an accessory use without being separately listed as a permitted use. II (5) Definition of Uses: The group description in the 1987 Standard Indus- trial Classification (SIC) Manual , prepared by the Statistical Policy Division for the United States Office of Management and Budget, shall be used to determine the classification of primary uses when reference II is made in Table 4-A to a designated SIC code number. Such manual shall be filed in the Office of the Administrator for public inspection during business hours. II II 1 1 (6) Temporary Uses: The City Council may approve the operation of tempo- rary uses on any property for a specific period of time. Such tempo- rary uses are typically associated with an already existing use and are subject to review to ensure adequate facilities exist or will be provided to serve the public and employees of the temporary use. I (a) Permit Required: Temporary uses such as a carnival, concrete or asphalt batch plant, seasonal, parking lot, sidewalk, truckload and other temporary sales of merchandise maybe permitted provided a temporary use permit is first obtained from the City Council. (b) Effective Period: No temporary use permit shall be valid for more ' than ninety (90) consecutive days and shall be subject to any and all restrictions, requirements, and safeguards established by City Council at the time the temporary use permit is considered. (c) Restrictions and Requirements: Such restrictions, requirements or safeguards may include, but are not limited to, hours of opera- tion, duration of the use, parking, setbacks, signage and any other requirement deemed necessary to protect the general welfare of the community and minimize negative impacts on adjacent proper- ties. 1 1 • 1 1 1 1 i 1 1 4 - 4 ' • TABLE 4-A PERMITTED PRIMARY USES I ,_, EMPTY=Not a permitted use P =Permitted use '=Any Number S =Permitted use with a Specific Use Permit PARI- SPECIAL I INC CON- S 1 C • RESIDENTIAL COMMERCIAL INDUSTRIAL GROUP DmON coDE PRIMARY USE R-lc R-1L IR-1 R-41 C-1 C-i Tx u I-1 1-2 Table Sect. R-1 R-1A Ra IRS 1e 5-A4400 I - AGRICULTURAL ACTIVITIES I 10" Metal Mining ssss-s s s s s s s SSSS 12" Coal Mining SSSSSSSSS S S S $ S S 13" Oil&Gas Extraction SSSSSSSSS S S S S S S 14" Mining/Quarrying Others s s s s S S s s s s S SSSS I 0191 General Farming P PPPPPP-P P P P P P P P g 0291 Livestock Raising P P P PPPPPPP P P P P P 9 0181 Plant Nurseries _ s s SS 14 a 0742 Veterinary Services PPPPP a y I 0752 Kennels&Pounds(indoors only) _ s P P P P 8 y 0752 Kennels&Pounds(With Outside Runs) s S s S 8 y 0781 Landscape Designers PPPPPP 8 0782 Lawn&Garden Services PPPPP 20 z I RESIDENTIAL s ACCOMMODATIONS I 0000'Single Family Dwellings(Detached) P p p P P S S S s 3 I 0000 Single Family Dwellings(Attached) _ PPPSSS 3 w 0000 Single Family Dwellings(Townhouse) _ PPP 3 r,w I 0000 Multi-Family Dwellings(Duplex) P P S S - 3 0000 Multi-Family Dwellings(Apartment) s s s 2 p.e 0000 Senior Citizens Assisted Living _ S ,s s s 1 0000 Manufactured Homes(Subdivision) P 3 I 0000 Manufactured Homes(Rental Parks) s 3 0000 Home Occupations PPPPPPPPP n "" Residential Accessory Uses PPPPPPPPP a,b,t I 7011 Hotels and Motels P P P S S 1 ad 7021 Rooming and Boarding Houses s s s 1 e 7033 Camps and Trailer Parks s SSSSS 1 7041:Membership Hotels and Lodging Facilities P P P - S S 1 IINSTITUTIONAL&EDUCATION FACILITIES I 8059 Nursing and Personal Care Facilities J s SS SSSSS - S 22 8062 Hospitals _ SSS SPPPPP 22 8351 Elementary Schools(Public or Private) PPPPPPPPP P P P P P P 19 8211 Middle/Junior High Schools PPPPPPPPP P P P P P P 18 I (Public or Private) - 8211 Secondary or Senior High Schools P P P P P P P P P P P P P P P 17 (Public or Private) _ I 8221 Colleges or Universities r SSSSSPPPP P P P P P P 16 d (Public or Private) 8231 Libraries and Information Centers SISSSSPPPP P P P P P P 7 8241 Vocational and Correspondence Schools _ _ PPPPP 16 I 8299 Other Schools and Educational Services I S P P P P P 16 "" Accessory Residential with Educational i i SSSSSS 2 Facilities 83" Social Services(Other Than Below) f SPPPPP 6 1 8361 Alcoholic, Drug or Psychiatric Care Centers j SSSSS 6 I 4 - 5 TABLE 4-A P .RMITTF PRIMARY USES EMPTY=Not a permitted use P =Permitted use =Any Number S =Permitted use with a Specific Use Permit PARK- sPecIAI, INC CON- S I C RESIDENTIAL COMMERCIAL INDUSTRIAL CROUP DmoN CODE ,PRIMARY USE R-1c R-11. k-t R-4 Mu c-1 c-s 7X LI I-1 J-s Table Sect. IR-1 1R-L!, RJ RS 10 5-A 4-600 INSTITUTION/EDUCATION(Cont'd) I II I I I 8351 Day Care and Nursery Facilities S S S S P P P P s s 20 h • (Over 5 Children) 8351 Day Care and Nursery Facilities PPPPPPPPP P P P P S s 20 h,n (5 or Less Children) 84" Museums,Galleries,Zoos and s s S s ss 9 Botanical Gardens 86" Nonprofit Private Membership P P p ' p P 8 ' Organizations • 8661 Churches and Other Places of Worship s s s s s s s s s s s S S s S 23 1 . "`"' Federal,State and Local Governmental Uses S s s s s s s s s s s s s s s 8 j 6553 Cemeteries and Mausoleums s s s s s s S s s s s s s S S 8 7261 Funeral Homes and Crematories s _ s s s S 23 PUBLIC UTILITY AND ' COMMUNICATION FACILITIES 1 48" Antennas less than 35 ft high PPPPPPPPP P P P P P P 48"Antennas less than 60 ft high S s S S S S PPS P P P P P P 48",Antennas more than 60 ft high s S s s s s s s s s S S s S S 48" Telecommunication Facilities(unmanned) SSSSSSSSS P P P P P P 483*`Telecommunication Facilities&Broadcast PPPP 8 ' Stations(manned) 4899 Satellite Reception Dishes(<10 Ft Dia) P p P 13 '13 PPPP_ P P P P P P s 4899 Satellite Reception Dishes(>10 Ft Dia.) PP P P P PPP s 4899 Radar Stations s s s s s s s s s s s s $ P P 20 4911 Electrical Substations s s s S s s s s S s �s S S S S q 4911,Electrical Generating Plants J s s S 20 q 4939 Utility Transmission Facilities s s s s s s s s s s S S S S S q (High voltage, petroleum,etc.) 4941 Water Storage,Control&Pumping Facilities s s s s s s s s s s s s s s s q 4952'Wastewater Treatment&Disposal Facilities S S S 20 q 4952 Water Purification Facilities SSSSSS S SS S S S S S S 20 q - 4952 Wastewater Pumping Facilities S S s S s s s s S s S S S S S q 4953,Solid Waste Landfill, Incineration S 20 q 4953 Public Utility Supply and Storage Yards s s S s s s s s S s S S S P P 20 q """' Recycling Collections centers _ 1 S _ s s P P 20 OFFICE USES 60" Banks p PPP - PP 8 60"JDrive-In/Thru Banks or Credit Agencies _ p P PPP P 8+28 61" Credit Agencies Other Than Banks PP PPP 8 62" Security and Commodity Brokers P P p p P p 8 - 64" Insurance Agencies PP p p p p 8 65" Real Estate Agencies p p p ' P PIP 8 80" Health-Related Professional Servicesp P p p p p s 80-7 Medical and Dental Laboratories l PP p p p p e 808" Outpatient Care Facilities -r- PPPPPP 8 81"" Legally-Related Professional Servicesp P p p p P 8 871" Design-Related Professional Services p P p - PPP 8 872' Financially-Related Professional Services PPP p p P 8 • 4 - 6 i 1 s I TABLE 4-A PERMITTED PRIMARY USES I_ EMPTY=Not a permitted use P a.Permitted use '` '=Any Number S .Permitted use with a Specific Use Permit PARK- SPECIAL ING CON- S IC RESIDENTIAL COMMERCIAL INDUSTRIAL GROUP DrnON CODE PRIMARY USE R-1C R-IL I1(2 R4 MH C-i C-2 TX LI 1-1 1-2 Table Sect. R-1 R-1A R-3 R-5 10 5-A 4-600 j 1 RETAIL TRADE ,; 5211 Lumber,Budding Material(indoor Only) PPPPP 9 1 5211 Lumber,Building Material (Open Storage) S S ' S S 9+14 5231 Paint,Glass and Wallpaper Stores PP P P P e ' 5251 Hardware Stores(Under 5,000 SF gsf) PPPPPP 6 I 5251 Hardware Stores(Over 5,000 SF gsf) PPPPP 6 5261 Plant Sales,Lawn&Garden Supply Stores PPPPP e z 53" General Merchandise Stores PPPPP 6 54" Food Stores(Over 5,000 sf gfa) SPPPPP e k 54" Food Stores(Under 5,000 sf gfa) PPPPPP a 5511 Motor Vehicle Dealers(New and Used) s SSS 15 5531 Auto&Home Supply Stores(Indoor Only) P P P P P 6 5531 Auto&Home Supply Stores(Open Storage) S S 6+14 5541 Gasoline and Service Stations S P P , P P P 21 r,u I 5551 Boat Dealers s S SS 15 . 5561 Recreational&Utility Trailer Sales/Rental _ s SSS 14 I 5571 Motorcycle Dealers - 1 s SSS 9 I 56" Apparel&Accessories(<5,000 SF gfa) PPPPPP 6 56" Apparel&Accessories(>5,000 SF gfa) S P PIP P P 6 57" Furniture and Home Furnishings Stores PPPPP 9 aI I 5812 Food Caterers PPPPP a -15812 Eating Establishments i PPPPPP 5 J,ab 5812 Eating Establishments(Drive-Thru) SPPPPP 4&28 i,ab 5813 Drinking Establishments SSSSS 5 ab,ad 5912 Drug/Proprietary Stores(other than below) s •P P P P P 6 x 5912 Proprietary Stores dealing in S 6 x certain novelty items 5932 Pawn shops ' " PP 6 ' 5932 Used Merchandise S S S P P 6 I 5941 Sporting Goods and Bicycle Shops s ' P P P P P 6 I 5942_Book Stores(General) P P P p P P 6 5942 Book Stores(Adult) • S 6 ' I 5943 Stationery Stores PPp p r p p 6 5944 Jewelry Stores PPPPPP 6 s 5945 Hobby,Toy&Game Shops(<5,000 sf gfa) PPPPPP 6 ii 5945 Hobby,Toy&Game Shops(>5,000 sf gfa) s P PPPP 6 5946 Camera and Photographic Supply Stores , ` P p p i p p P s 4 5947 Gift and Souvenir Shops r T• " P P P P - P P { 6 / 1 5948 Luggage and Leather Goods Stores PPPIDPI 6 4 5949 Sewing, Needlework and Piece Goods ' PPPPPP 6 596* Non-store Retailers p p p P P 14 I 598* Fuel Dealers, Bulk P S P P P 9 u 5992 Florists PPPPPP 6 5993 Cigar Stores P P p x 5994 News Dealers p PPPPP 6 3 5995 Optical Goods Stores PPPPP 6 1 5999- Miscellaneous Retail Stores(Other Than — SPPPPP 6 ' Below) 5999 Miscellaneous Retail Stores(Adult or s 6 ae Sexually Oriented) I 1 4 - 7 II i I I TABLE 4-A PERMITTED PRIMARY USES _ EMPTY-Not a permitted use P =Permitted use I '=Any Number SIC S =Permitted use with a Specific Use Permit PARK-- s , 1740 - RESIDENTIAL COMMERCIAL INDUSTRIAL ROUT DTTION CODE PRIMARY USE R-IC R-IL IR-2 R4 MU C-1 C-3 Tx U I-I I-2 Table Sect IR-1 R-IA R4 R-5 Is 5-A 4-500 PERSONAL SERVICES I 4119 Park&Ride/Commuting Facilities p p p p p 4121 Taxicabs Companies SPPPP 1 20 414* Bus Service(Private/Charter) SPP P P 20 472' Travel Agents PPPPPP a I 7211 Power Laundries p p p p P 8 7212 Garment Pressing and Laundry/Dry p p p p p p 8 Cleaning Agents I 7213 Unen Supply p p p p P 11 7215 Coin-Operated Laundries and Cleaners PPPPP 24 7216 Dry Cleaning Plants SPPPP 11 7217 Carpet and Upholstery Cleaning PPPPP 11 I 7218 Industrial PPPP P P P 11 7219 Diaper Service PPPPP 11 7221 Photographic and Portrait PPPPPP 8 Studios(other than listed below) I - _ 7231 Beauty Shops PPPPPP 8 7241 Barber Shops PPPPPP 8 7251 Shoe Repair and Shine Shops p p P P P ' p 8 I 7299 Miscellaneous Personal Services -p P P P p p a (Other Than Below) 7299 Modeling,Photo Studios, Escort Services S 8 as and Other Adult or Sexually Oriented IBusinesses or Services _ BUSINESS SERVICES I "*"* Phone Banks P P P P 1 P 5 7311 Advertising Agencies • p p p p p p 8 7312 Outdoor Advertising Services s s s p P 8 732* Consumer Credit Reporting& p p p p P 8 I Collection Agencies 733* Reproduction and Stenographic Services _ p p p p P 8 734* Services to Dwellings and Other SS s s PP 11 I Buildings(W/outside sales) r 734* Services to Dwellings and Other Buildings PPP PP 11 (no outside sales,storage or display) _ 735* Miscellaneous Equipment Rental&Leasing s P P P P 8 I 7353 Equipment Rental and Leasing Services SSPP p 8 736* Personnel Supply Services PPP p p 8 737* Computer and Data Processing Services p p p p p 8 7381 Detective Agencies and Protective Services PP P PP 8 I 7383 News Syndicates P p PP8 7384 Photo Finishing Laboratories - p P p p p 8 7389 Trading Stamp Services _ p P P p P P 8 I7389 Miscellaneous Business Services p P P PP a 7389 Business Services, Not Elsewhere 11111111111111 S S a Classified 87" Management, Engineering,Accounting, p p 8 I Consulting and Public Relations 8734 Commercial Testing Laboratories PP 8 I 4 - 8 1 TABLE 4-A PERMITTED PRIMARY USES _ EMPTY a Nota permitted use P =Permitted use '=Any Number S .Permitted use with a Specific Use Permit PARK- SPECIAL INC CON- S I C RESIDENTIAL COMMERCIAL INDUSTRIAL GROUT DRION coDE PRIMARY USE R-1C R-1L IR-i R-4 MU C-1 C-2 ix LI 1-1 1-2 Table Sect. R-1 R-IA R-3 R-5 10 6-A 4-600 li AUTOMOTIVE SERVICES 7515 Rental and Leasing(With On-Site SSPPP 15 I g Vehicle Storage) 7515 Rental and Leasing(Five or Less PPPPP 15 e On-Site Vehicles) 7521 Parking Structures(Commercial) PPPPP • 7532 Top and Interior Repair PPPPP 9 u 7532 Body Repair PPPPP 9 u 7534 Tire Retreading PPPPP 9 u 7534 Tire Repair PPPPP 9 u } 7535 Paint Shops PPPPP 9 u 7538 General Repair PPPPP 9 c&u 7542 Car Washes PPPPP 27 e li MISCELLANEOUS REPAIR SERVICES 3 762* Electrical Repair Shops PPPPP s 7631 Watch,Clock and Jewelry Repair PPPPP 6 7641 Reupholstering and Furniture Repair PPPPP 8 7692 Welding Repair • PPPP 11 7694 Armature Rewinding Shops _ PPPP 11 { 17699 Repair Services,Not Elsewhere s S s S s 8 — Classified I e AMUSEMENT AND RECREATIONAL SERVICES 781* Motion Picture Production PPPPP 10 i 782* Motion Picture Distribution P P P P P 10 7841 Video Rental P P P P P P 6 7832 Motion Picture Theaters(General) P P P P P 23 7833 Motion Picture Theaters(Drive-In) s P P P P 6 7832 Motion Picture Theaters(Adult) S 23 ae 791* Dance Halls,Studios and Schools SPPPPP 8 Ili 792" Theatrical Producers,Bands and PPPPP 6 Entertainers(Agent) 793* Bowling Centers SPPPP 26 7999 Pool Halls and Billiard Parlors _ s s s s s 26 I 1 794* Commercial Sports Clubs and Race Tracks s s s s s 23 7992 Golf Courses S S S S S S S S S S S S S S S 25 i,m 7992 Golf Driving Range s s s s_ 2s i 7992 Miniature Golf Centers SSSSS 25 7993 Coin-Operated Amusement Devices ` SSSSS 6 ac and Arcades _ 7996 Amusement Parks SSSSS 6 7997 Membership Sports and Recreation Clubs SPPPPP 6 ' 7999 Amusement Services, Not Elsewhere SSSSS s Classified 17999 Swimming Pools(Private) PPPPPIPPPIP P P _ P P P P v 1 4 - 9 Ii , I ITABLE 4A PERMITTED PRIMARY USES _ EMPTY=Not a permitted use J . -Permitted use I '=Any Number S Permitted use with a Specific Use Permit PARK- man INC CON- S I C RESIDENTIAL COMMERCIAL INDUSTRIAL GROUP DmON CODE PRIMARY USE R-1c R-11. IRA Rd C-1 C-1 1X LI 1-1 1-i Table Sect I R-1 R-IA a-i I R-5 Ii 5-A 4600 TRUCKING/WAREHOUSING AND WHOLESALE TRADE I 421*Trucking Services - _ P P P P 20 4215 Courier Services PPPPP 8 4225 General Warehousing other than below P P P 13 I 4225 Self Storage Facility S s P P P 13 4731 Freight/Cargo Agents ` p p p p p a 50" Durable Goods(Excluding 5052 P P P P 12 and 5093)(indoors only) I 50" Durable Goods(Exduding 5052 _ S S 12+14 and 5093)(w/outdoors storage) 51" Non-durable Goods(Excluding p P P P 12 -- 515*,516*,and 5171 _ IMANUFACTURING ACTIVITIES 202• Dairy Products - - P P 11 I 203* Fruit and Vegetable Products p 11 2041 Blended and Prepared Flour P P 11 205* Bakery Products P P 11 206* Confectionery Products _ P P 11 2086 Bottled and Canned Soft Drinks P P 12 2087 Flavoring Extracts and Syrups p 11 209* Miscellaneous Food Preparation p 11 I 21" Tobacco Products _ P 11 22" Textile Products p 11 23" Apparel and Other Finished Fabric Products P 11 24" Lumber and Wood Products _ P 12 I 25" Furniture and Fixtures P 12 26" Paper and Allied Products P 12 27** Printing,Publishing and Allied Industries p P 11 - 28" Chemical and Allied Products P 12 I 31" Leather and Leather Products p 11 32" Stone,Clay,Glass and Concrete Products P 12 33" Primary Metal Industries - p 12 34" Fabricated Metal Products p 12 I 35" Machinery,Except Electrical _ P 12 36" Electrical and Electronic and Supplies P P 12 37" Transportation Equipment P 12 I 38" Precision Instruments _ - - P P 11 39" Miscellaneous Manufacturing Industries s p 11 i TRANSPORTATION FACILITIES III 40" Rao Transportation - - S S 12 41" Transit and Highway Passenger FacilitiesIIIIII s s P p 12 42" Transportation and Warehousing p p 12 I 422* Self Storage Facility s s P P 9 p 43** U.S. Postal Service P PPP 12 45" Air Transportation S S 12 460• Pipelines s s s s s s s s s s S S S P P 12 ' 470•'Transportation Services p P 12 480' Communication p P 12 490* Electric,Gas and Sanitary Service p 12 4 10 1 Section 4-500. Special Qx ditiaas ty llse Type. (1) special a dUil,ons: The following describe the special conditions 1 under which certain uses may be permitted in a zoning district when reference is made to one or more of said subsections in UNAe 4-it of this Code. No construction or occupancy shall commence for any permit- ted ermitted use with special conditions until all of the required conditicza have been met. (a) aooessory M;7d;Tc: An accessory building may be erected as an integral part of or detached from the main building. It may also be connected by a breezeway or similar structure. An attached accessory building shall be made structurally a part of and have a common wall with the main building and shall comply in all re- spects with the requirements of this Code applicable to the main building. (b) Accessary Abildir : including private garages and servant's quarters are permitted when: 1. located behind the main structure or no closer than 80 feet (80') from the front property line; ' 2. located no closer than three (3') to any other property line and behind any applicable building line; 3. such accessory buildings are not located within any easement unless the building is portable and written permission has been given by the easement holder; 1 4. the maximum height of such structures does not exceed eight feet (8') when located three feet (3') from the property line , and provided the height may be increased at a rate of one additional foot per two additional feet of setback provided; 5. the floor area of said accessory building does not exceed 50% 1 of the minimum required rear yard in the case of a one story building or 40% of the minimum required rear yard in the case of a two story building; 6. accessory buildings used as garages, carports or off-street parking of any vehicle strictly comply with parking require- ments specified in Article 5 of this ordinance. 7. accessory buildings used for servant's quarters shall not be leased or rented to anyone other than a family member of a bonafide servant devoting 50% of said servant's time to the family occupying the premises; 8. such accessorybuil if located �9s. in a residential zoned t district, shall not be used for commercial or part time business uses. E i4 - 11 1 ' (c) Automobile Service Centers: Automobile service centers, when designed and developed as an integral part of a larger planned shopping center, provided that such service centers shall be secondary to the retail function of the larger center and that ' appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be served. ' (d) Colleges, Universities and Professional Schools: Colleges, universities and other institutions of higher learning, public and ' private, offering courses in general, technical, or religious education, and not operated for profit, are subject to the follow- ing conditions: ' * Any use permitted herein shall be developed only on sites of at least forty (40) acres in area. ' * All ingress to and egress from said site shall be directly onto a major thoroughfare. (e) Common Open Space: There shall be a minimum of six hundred (600) ' square feet of usable common open space per dwelling. Common open space must be usable for recreational activities and shall be assembled in contiguous areas of not less than ten thousand ' (10,000) square feet. (f) Common Wall Construction: Common walls shall be constructed as a double wall unit that meets a minimum two (2) hour fire rating and has an approved soundboard integrated between wall studs that are staggered and offset along either side of such soundboard. Such double wall unit shall be constructed in its entirety to the roof ' deck and shall meet the requirements of the City's current Building Godes. ' (g) Crops/Livestock: Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trcc3, provided no retail or wholesale sales activities are conducted on the premises, and provided that no livestock shall be kept any closer than 100 ft. from any building located on adjoining property that is used for human habitation or within an area of less than 1/2 acre per animal. ' (h) Day Care Centers: Nursery schools and child care facilities (not including dormitories); provided that for each child cared for, there shall be provided and maintained a minimum of one hundred and fifty (150) square feet of outdoor play area. ' 4 - 12 yi (i) Golf Driving xis: 1. The site plan shall show the layout of the property and indicate the location of all driving ranges, putting greens, fences and structures. 2. Accessory uses shall be limited to a refreshment stand, a maintenance shed, a miniature golf course and a pro shop. (j) &Ming : the sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food. (k) Food Stares: No establishment in a "C-1" district may occupy more than five thousand (5,000) square feet of gross floor area. 11 (1) Garage Apartment: Garage apartments that are occupied by family members of the occupant of the principle dwelling and that meet all yard, open space, and off-street parking requirements are permitted. A garage apartment shall not be occupied by more than one family or be permitted in conjunction with another dwelling on the same lot designed for more than two (2) families. Second floor garage apartments shall be set back two (2) additional feet for every foot in height that the structure exceeds twenty (20) feet (inclusive of roof) in height. (m) Golf Comes: Golf courses, either public or private, subject to the following conditions: * The site shall be planned so as to provide all ingress and egress directly to or from a major thoroughfare. * The site plan shall be laid out to achieve a relationship 1 between the major thoroughfares and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety. 1 * Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than two hundred (200) feet from any residentially zoned property, provided that ' I where topographic conditions are such that buildings would be screened from view, the Commission may modify this require- [ ment. ' * Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six (6) feet in height and entry shall be by means of controlled self-locking gate. 4 - 13 1 ' CO Moe Occupations: Any occupations or activity may be conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes; provided that: ' * No retail business shall be conducted. * No stock in trade shall be maintained nor commodities sold ' except those made or used on the premises. * No employees other than family members residing on the ' premises shall be permitted. * No internal or external alterations, special construction, or features shall be permitted. * No advertising of any type, either on premises or by pub- lished or printed matter, shall be permitted and no display ' or storage of materials or exterior identification of the home occupation or variation from the residential character of the main building or any accessory buildings. ' * No equipment shall be used which creates offensive noises, vibrations, sound, snake or dust, odors, heat, glare, x-ray, or electrical disturbance to radio or television. ' * No repair of racing automobiles shall be permitted nor shall there be any repair of automobiles on site that are not ' registered to the occupants of the property. In particular, a home occupation may include the following or similar uscz: artist's' studio, dressmaking and millinery; limited professional practice provided no clients or customers are permit- ted ermitted on the premises (such as lawyer, engineer, architect, or accountant); music teaching limited to not more than two (2) ' pupils at any one time: the keeping of up to five (5) children under the age of sixteen (16) years old at any time apart frau their parents, guardians or custodians for regular periods of time for compensation. (o) Plant Nurseries: No more than twenty-five percent (25%) of the retail stock shall be of materials not grown on the premises. ' Establishments that sell plants at retail but are cultivated at another site are classified under SIC 5261. ' (p) Private Reormatian Facility: Private recreational facilities shall be required for all multi-family residential developments. Such u:3 shall be restricted to use by the occupants of the residences and their guests, or by members of a homeowner's ' association and their guests, and shall be limited to such usav as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker I rooms. Private recreation facilities shall not be located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting property line. Activity areas shall be ' 4 - 14 1 ; fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of one (1) space for each four thousand (4,000) square feet of area devoted to recreational. use. (q) Public Services: Because of their public necessity, public service uses are permitted in most zoning districts. If the Administrator determines that the use may cause either a possible hazard to nearby residents or passers-by or any interference with the development, use, or enjoyment of surrounding property, more extensive fencing or screening than the required landscaped screening strip may be required. (r) Repair Gauges: Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions: * Appropriate and adequate paved and screened temporary holding areas shall be provided to accommodate vehicles waiting to be serviced; I * All body and fender repairing shall be conducted within a completely enclosed building or room with stationary windows and doors that are opened only when necessary for ingress and egress; * All spray painting shall be conducted in a building or room specially designed for such purpose; and * All auto repairing shall be conducted within a building enclosed on at least three (3) sides. (s) Satellite i to Reception Dishes: Satellite Reception Dishes greater than three (3) feet in diameter shall be permitted through the City's inspection department, and shall have paid an inspection fee as set forth by the latest fee schedule adopted by the City Council and be subject to the following omits: 1. Residentially 1y paned Property: Satellite Reception Dishes located on residentially zoned property when visible from11 adjacent properties or streets shall meet the following requirements t § a. shall be ground mounted only 1 i b. have a diameter of not greater than 10' IIc. shall not extend more than 12' above the ground when the dish is aimed toward the horizon d. shall be located behind the main structure I 4 . 15 I 1 ' e. located not less than 6' from any other property line f. screened frau adjacent properties and streets by a landscape buffer or screening fence ' g. have no lettering, logo or other form of advertising or writing on the face or back of the dish except for the ' _ . manufacturers name, distributor or seller of the recep- tion dish. ' 2. Nan jd nt;al Districts: Satellite Reception Dishes visible frau adjacent properties in streets shall canply with the following : ' a. Reception dishes shall not exceed fourteen feet (14') in diameter. ' b. May be ground or roof mounted, however, when aimed toward the horizon, shall not extend more than fifteen feet (15') above the vertical base of the reception dish mount. ' c. Shall be located behind all applicable building lines d. Shall not contain any lettering, logo or any other form of advertising or other writing an the face or on the back of the reception dish except the name of the ' manufacturer, distributor or seller of the reception dish. 3. Special pti r s to above stated requirements for Satellite ' Reception Dishes: Standards that differ from the above stated regulations may be granted by the Filess Board of Adjustments. The Board, in order to grant a variance, shall ' determine that the lot configuration or physical land features make installation of the satellite reception dish, in conformance with the above stated requirements, impractical. Based upon the specific site, requirements may be placed on the applicant to allow the erection of the reception dish in a manner that would minimize the negative aesthetic impacts on adjacent properties. ' (t) Servant's or Caretaker's Quarters: Accessory buildings are permitted only if located in the rear of a principal building on ' the same lot and only if conforming with all the yard, open space and off-street parking requirements. (u) Service Stations: * Appropriate and adequate paved and screened temporary holding areas shall be provided to accomodate vehicles waiting to be I serviced; ' 4 - 16 1 * All services, except fuel sales, shall be performed within a completely enclosed building; and * When within seventy-five (75) feet of a residential use, all refuse and vehicle parts shall be stored within a completely 1 r enclosed building or within an areas which is completely visually screened from the view of those residences. (v) Swimming Pool: EXoeption for private recreation facilities under 1 x (p) above. * If located in a residential district, the pool shall be used ' solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests. * A pool or pool deck may be located anywhere on the premises 1 except for the following: (1) in a publicly dedicated ease- ment; (2) required front yards; (3) not less than five (5) feet from any structure or lot line; nor, (4) within ten (10) i r feet of any overhead power lines. * All pools shall be enclosed by a wall or fence with self- 1 f locking and self-closing gates. (w) Zero-tot Line Dwellings: Walls facing the zero-lot line shall contain no windows, doors or other penetrations and shall have an exterior masonry facade. Either a five (5) foot maintenance easement shall be provided for the neighboring property, or the lot line line house may be set back five (5) feet from the line and a recreation, planting, and use easement may be granted to the adjacent lot owner. (x) Businesses Dealing In Certain Novelty Items, Commonly referred to as "bead Shops" fall under the category SIC Category of 5912. Specifically, any establishment that sells, distributes or manu- factures any specialty or novelty item, unless otherwise permitted by law, which engages in the distribution or manufacturing of any of the following: 1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. 2. Kits used, intended for use, or designed for use in manufac- turing, compounding, converting producing, processing, or preparing controlled substances. 3. Isomerization devices used, intended for use, or designed for ' use in increasing the potency of any species of plant which is a controlled substance. 1 4 - 17 ' 4. Testing equipment used, intended for use, or designed for use in weighing or measuring controlled substances. 5. Scales and balances used, intended for use, or designed for ' use in weighing or measuring controlled substances. 6. Dilutants and adulterants, such as quinine hydrochloride, ' mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances. 7. Separation gins and sifters used; intended for use, or ' designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana. ' 8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding con- trolled substance. ' 9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances. ' 10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled sub- ' stances. 11. Objects used, intended for use, or designed for use in ' ingesting, inhaling, or otherwise introducing any controlled substance, including without limitation thereto, marijuana, cocaine, hashish, or hashish oil into the human body, such as: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens permanent screens, ' hashish heads, or punctured metal bowls; b. Water pipes; ' c. Carburetion tubes and devices; d. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; ' e. Miniature cocaine spoons, and cocaine vials; f. Chamber pipes; g. Carburetor pipes; h. Electric pipes; ' i. Air-driven pipes; j. Chillums; 4 - 18 1 11 k. Bongs; and/or, 1. Ice pipes or chillers. 12. The terms "controlled substance", as used herein, shall mean and refer to those substances now or hereafter included as i controlled substances under the Texas Controlled Substance Act, Article 447615, V.A.C.S., as amended. 1 , y. Veterinarians and Animal Pbtmd located in multi-tenant building shall have proper ventilation and adequate noise attenuation between adjacent lease spaces. z. Any outside sales, storage or display shall be located behind the main structure, on a paved surface, and screened from all adja- cent properties and streets in accordance with Section 7-400, Open Storage and Use Areas specified herein. (aa) All items for sale, storage or display shall be located on a paved, all-weather surface unless the use is permitted in that district by way of a Specific Use Permit and the all-weather surface requirement is specifically waved through the approval of , y the Specific Use Permit. (ab) Alcohol Sales Proximity to certain uses: There shall be no sales from any place of business of an alcoholic beverage, mixed drink, beer or wine within three hundred feet (300') of any church, public school, private school, child care facilities, or a public hospital. The measurement of the three hundred feet (300') shall be along property lines of the street fronts and from door to door and in direct line across intersections where they occur. (ac) Arcade games such as, common but not limited to, pin ball games, video games and other coin operated entertainment machines may be permitted as an incidental use to any use in the carmnercial districts. No more than five per cent (5%) of the total floor area of the primary use shall be dedicated for arcade games. (ad) Drinking estataishments located within Hotels or Motels or Motor Inns where such drinking establishment is incidental to the primary use of providing lodging shall be considered use by right where hotels are permitted provided such drinking establishment is located within the Hotel or Motel building except where prohibited by the establishments proximity regulation of this document. (ae) Sexually Oriented Busincascs. All businesses fitting the definition of sexually oriented business, as defined in this Code, shall comply with the requirements of Section 4-1003 of the Code and the licensing requirements of Article III of the City of Arlecs Code of Ordinances. II 4 - 19 ' (2) Exceptions to Conditions: Exceptions to these conditions may be made by Council on a case-by-case basis by the granting of a special use permit. Approved Council exceptions shall become null and void should no building permit be issued within ninety (90) days of approval. ' Section 4-600. District . ' This section lists the purpose, general description of the Permitted Primary ice, the District Site Development Standards and any additional require- ments applicable throughout the zoning district. All properties are subject to the District Regulation which specify certain minimi and nexinums permitted within the zoning district. Except as otherwise specifically provided in this ordinance, no structure shall be ' erected or maintained which does not comply with these standards. 1 • ' 4 - 2 0 Ii 1 Section 4-601 "R-1C Single Family Custom Dwelling District A. PURPOSE: Ii R-1C",Single Family Custom Dwelling District: Detached Housing designed as a move up from 1st and 2nd time home buyers; located on moderately large lots; Curvilinear streets;well landscaped;Masonry walls along arterial; Landscaping addition entry;owners association required to be set up;architecturally treated street lighting, I underground utilities,unified streetscape treatments;neighborhood parks&focal points;no through traffic;large setbacks;garages at rear of the units;steep roof pitches;all masonry;most units will have built in pools; B. PERMITTED PRIMARY USES I I See Table 4-100 for detail listing-general uses include: Single Family Detached Dwellings(using R-1 C district requirements) I Accessory buildings to main use Home Occupations Schools,Parks,Playgrounds 1 C. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Lot Area - 10,000 sq.ft. I1,1 2. Minimum Lot Width - 100 ft 3. Minimum Floor Area - 2,500 sq.ft. 4. Minimum Front Yard - 30 ft. 1 i 5. Minimum Rear Yard - 25 ft. 6. Minimum Side Yard I (a) interior side yards - 10 ft. ti (b) corner lot - 15'on street side;fences greater than 36 inches in height shall be setback a minimum of 15 feet for side lot line. 7. Maximum Building Coverage - 40%of lot • 8. Minimum Roof Pitch - 8:12 i a 9. Maximum Height Limit - 2 1/2 stories or 35 ft. I i 10. Minimum Exterior Facade - 90%Masonry Veneer Front Elevation - 70%Masonry Veneer Other Elevations 11. Minimum Off-street Parking - see Article 5 12. Signs - see Article 6 I i 13. Minimum Landscaping&Screening - see Article 7 14. Site Plan Approval 1 Requirements - None for 1 or 2 Family Dwellings - see Article 8 I 1 i I 1 II I 4 - 21 I I Section 4-602 "R-1 Single Family Detached Dwelling District A. PURPOSE : "R-1",Single Family Detached Residential District: This district comprises the preponderant portion of the existing housing development in the City of Euless and is considered to be the proper classification for large areas of the undeveloped land remaining in the City appropriate for single family use. This district is intended to be composed of single family dwellings together with the public schools,churches and public parks essential to create basic neighborhood units. Such areas should be consistent and compatible with existing residential neighborhood patterns and be properly protected from more intensive development and the encroachment of incompatible uses. B. PERMITTED PRIMARY USES See Table 4-100 for detail listing-general uses include: Single Family Detached Dwellings(using R-1,or R-1C distiict requirements) Accessory buildings to main use Home Occupations Schools,Parks,Playgrounds C. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Lot Area - 7,500 square feet 2. Minimum Lot Width - 65 feet 3. Minimum Living Floor Area - 1,500 sq.ft 4. Minimum Front Yard - 25 feet 5. Minimum Rear Yard - 15 ft. 6. Minimum Side Yard (a) interior side yards - 4'on one side,9'on the other I (b) corner lot - 15'on street side;fences greater than 36 inches in height shall be setback a minimum of 15 feet for side lot line. 7. Maximum Building Coverage - 40%of lot 8. Maximum Height Limit - 2 1/2 stories or 35' 9. Minimum Roof Pitch - 6:12 10. Minimum Exterior Facade - 90%Masonry Veneer Front Elevation I - 70%Masonry Veneer Other Elevations 11. Minimum Off-street Parking - see Article 5 12. Signs - see Article 6 13. Minimum Landscaping&Screening - see Article 7 14. Site Plan Approval Requirements - None for 1 or 2 Family Dwellings - see Article 8 I I I I 4 - 22 I Y k In Section 4-603 "R-1L Single Family Limited Dwelling District I i A. PURPOSE: "R-1L",Single Family Limited Dwelling District: Detached Housing designed for small families and singles; I located on limited sized lots;Houses cluster together and consolidated open space,for neighborhood parks &focal points,typically around natural settings; Curvilinear streets or private streets;security/key code ' entry,well landscaped;Masonry walls&iron fences;owners association;architecturally treated street 1 lighting,underground utilities,unified streetscape treatments;no through traffic;small setbacks;front load garages,enclosures prohibited by deed restrictions;steep roof pitches;all masonry;neighborhood pools and . facilities. 1 B. PERMITTED PRIMARY USES 1 1 See Table 4-100 for detail listing-general uses include: Single Family Detached Dwellings(using R-1 C,or R-1 district requirements) Accessory buildings to main use 1 K Home Occupations Schools,Parks,Playgrounds I C. DISTRICT DEVELOPMENT STANDARDS t 1. Max.Density - 4 Dwelling Units/Acre 2. Minimum Lot Area - 5,500 sq.ft.average I it E 3. Minimum Lot Width - 50 ft. 4. Minimum Floor Area - 1,500 sq.R I 5. Minimum Front Yard - 20 ft. I 1 6. Minimum Rear Yard - 15 ft. 7. Minimum Side Yard • 1 (a) interior side yards - 5 R on one side,5 ft.on the otherI ii (b) corner lot - 15'on street side;fences greater than 36 inches in height shall be setback a minimum of 10 feet for side lot line. 8. Maximum Building Coverage - 50%of lot 1 ! 9. Maximum Height Limit - 2 1/2 stories or 35 it 10. Minimum Roof Pitch - 6:12 11. Minimum Exterior Facade - 90%masonry all elevations 1 12. Minimum Off-street Parking - 2 Garage spaces(enclosures prohibited) 1 - Located-minimum of 20 from property line accessed from - see Article 5 13. Signs - see Article 6 14. Landscaping&Screening - see Article 7 15. Site Plan Approval 1 # Requirements - None for 1 or 2 Family Dwellings - see Article 8 111I • I 4 - 2 3 j ' Section 4-604 "R-1A" Single Family Attached Dwelling District ' A. PURPOSE "R-1A",Single Family Attached Dwelling District: The intent of this district is to provide suitable areas for single family residential development where two individual dwelling units can be attached to each other at densities of up to ' nine(9)units per gross acre. Such development would permit residential areas which have a duplex-like appearance,but which offer residents the opportunity for ownership of both home and lot. The application of this district in appropriate areas will allow residential development at greater densities than the typical single family ' district,but would not significantly alter the traditional appearance of existing residential neighborhoods. Such areas should be located adjacent to detached single family neighborhoods and serve as a transitional buffer with more intensive uses. B. PERMITTED PRIMARY USES ' See Table 4-100 for detail listing-general uses include: Single Family Detached Dwellings(using R-1,R-1 C,or R-1 L district requirements) ' Single Family Attached Dwellings Accessory buildings to main use Home Occupations ' Schools,Parks,Playgrounds C. DISTRICT DEVELOPMENT STANDARDS ' 1. Minimum Lot Area - 3,750 sq.ft 2. Minimum Lot Widths - 32 feet 3. Minimum Floor Area per Unit - 1,100 sq.ft. ' 4. Minimum Front Yard - 25 feet 5. Minimum Rear Yard - 15 feet • 6. Minimum Side Yard - 0 ft.for common wall side ' - (1)side yard,not less than(10)feet 15 feet if next to street 7. Maximum Building Coverage - 50%of lot ' 8. Maximum Height Limit - 2 1/2 stories or 35' 9. Common Walls between Units - Two hour fire rating with sound board integrated between staggered wall studs extended through to roof deck ' 10. Exterior Facade - 80%Masonry veneers 11. Minimum Off-street Parking - see Article 5 In front of unit - 2 Garage spaces ' Behind the unit - 2 Garage of Carport spaces 12. Signs - see Article 6 13. Landscaping&Screening - see Article 7 ' 14. Site Plan Approval Requirements - None for I or 2 Family Dwellings - see Article 8 I 4 - 24 1 Section 4-605 "R-2" Two Family Dwelling District ' A. PURPOSE : "R-2",Two Family Dwelling District: The intent of this district is to provide suitable areas for very low density multi-family residential development in the form of two-family or duplex structures at densities of up to nine(9)units ' per gross acre. Such areas should be located adjacent to lower density detached or attached single family residential areas and serve as a transitional buffer with more intensive multi-family residential areas. B. PERMITTED PRIMARY USES : See Table 4-100 for detail listing-general uses include: ' Single Family Detached Dwellings(using any set of R-1(*)district requirements) Single Family Attached Dwellings(using R-1A district requirements) Duplexes ' Accessory buildings to the main use Home Occupations Schools, Parks,Playgrounds • tC. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Lot Area - 7,500 square feet 2. Minimum Lot Width - 65 ft. 3. Minimum Floor Area per Unit - 850 square ft. ' 4. Minimum Front Yard - 25 feet 5. Minimum Rear Yard 15 feet 6. Minimum Side Yard - 10 feet each side ' 7. Maximum Building Coverage - 50%of lot 8. Maximum Height Limit - 35 ft or 2 1/2 stories 9. Exterior Construction - 80%Masonry veneers ' 10. Minimum Off-street Parking - See Article 5 In front of unit - 2 Garage spaces per Dwelling Unit Behind the unit - 2 Garage or Carport spaces per Dwelling Unit I 11. Signs - See Article 6 12. Landscaping&Screening - see Article 7 13. Site Plan Approval Requirements - None for 1 or 2 Family Dwellings - see Article 8 4 - 2 5 Ir 1 r Section 4-606 "MH" Mobile Home District I ° A. URPOSE : P I "MITT",Mobile Home Dwelling District: The intent of this district is to provide suitable areas for the locating of single family homes of a pre-manufactured modular or mobile nature at densities of up to eight(8)units per gross acre. i Such areas should be characterized by a park-like setting,moderate perimeter setbacks,common open space, appropriate accessory uses and allow for ownership of available home sites. B. PERMITTED PRIMARY USES I I See Table 4-100 for detail listing-general uses include: Single Family Detached,Attached&Duplex(subject their respective district regulations) 1 t Accessory buildings to main use Home Occupations Manufactured Housing/Mobile Home I I C. DISTRICT DEVELOPMENT STANDARDS 1. Lot Area I Transit Stand - 1,500 sq.ft Subdivided Lot - 4,000 sq.ft I I 2. Lot Width Transient Stand - 30 ft Subdivided Lot - 40 ft I It 3. Minimum Lot Depth - 80 ft i • I 1 4. Front Yard • Public R.O.W. - 30 ft. Private Drives - 20 ft. t 5. Side Yards Abutting Public R.O.W. - 30 ft. 1 11 Interior - 10 ft.on front side,5 ft.on other Minimum Spacing - 15 ft from any other mobile/modular home IN i 6. Rear Yard Abutting Public R.O.W. - 30 ft. I 1 Interior - 10 ft. 7. Perimeter Yard - 25 ft. setback within MH district boundary line for structures, ' ; Mobile or Modular Homes 1 8. Maximum lot coverage - 20% I i If 4 - 2 6 I 1 ' 9. Common Open/Recreations Space 20 units or less - 500 sq.ft.per dwelling unit More than 20 units - 10,000 sq.ft.plus 250 sq.ft.per dwelling unit over 20 10. Height Limit - 2 stories ' 11. Minimum Off-street Parking - see Article 5 In front of unit - 2 Garage or Carport spaces(carports may be located within 2 ft.of private drive) ' Behind the unit - 2 spaces on paved surface 12. Signs - see Article 6 ' 13. Landscaping - see Article 7 14. Screening - Minimum 6 ft,high wood screening fence around side& rear perimeter;also see Article 7 ' 15. Site Plan Approval Requirements - Over all plan required to be approve by City Council prior ' to development- see Article 8 1 1 • 1 1 1 1 1 ' 4 - 2 7 • I Section 4-607 "R-3" Multiple-Family Low Density Dwelling District: I i A. PURPOSE: "R-3",Low Density Multi-Family Dwelling District: The intent of this district is to provide suitable areas for the II i development of residential housing in the form of attached townhouse dwelling units and low density multi-family residential at densities of up to twelve(12)units per gross acre. Such development should be located in transitional l type areas between lower density single family residential uses and higher density multi-family residential uses. The 1 p, developments should be designed in an architecturally unified manner and adequately accommodate the more intense vehicular parking and circulation needs of a more dense single family development. I € i B. PERMITTED PRIMARY USES I I See Table 4-100 for detail listing-general uses include: Single Family Detached,Attached&Duplex(subject their district regulations) Accessory buildings to main use I 1 Home Occupations i Condominiums,Apartments Townhouses or Row Houses(as described below) 1 r ' Schools,Parks,Playgrounds C. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Lot Area - 7,500 sq.ft 2. Minimum Lot Width - 65 ft 3. Minimum Perimeter Yards - 25 ft.from all property&R.O.W.lines I - Covered parking may extend to within 1 ft of side or rear ! lot lines(not adjacent to street R.O.W.) - Roof,balcony and porch overhang may extend into ' { perimeter yards up to 4 ft. - Fireplace masses&window boxes may extend into perimeter yards up to 3 ft. I - No stairways or columns shall extend into the perimeter yard - No parking permitted in the perimeter yard adjacent to 1 public streets I l 1 4. Maximum Building Coverage - 40%of lot ' € 5. Minimum Interior Building t Spacing Requirements - 30 ft between walls having windows or doors in both walls. - 15 ft.between window walls and blank walls. - 10 ft.between blank walls. ° 6. Maximum Number of Units by Type - Efficiency Units-30% ' e - One-bedroom-50% The percentage of one-bedroom units may be increased provided the percentage of efficiency units is reduced by the same proportions.(i.e.:70%of units the may be one-bedroom if the maximum number of efficiency units , is limited to 10%.) 1 I 4 - 2 8 I I 7. Minimum Recreational and Landscaped Area Per Dwelling Unit - Efficiency Units 1,600 sq.ft ' - One-bedroom 1,800 sq.ft - Two-bedroom 2,000 sq.ft - Three-bedroom 2,200 sq.ft - Additional 1,000 sq.ft per added bedroom 8. Minimum Floor Area per Unit Type - Efficiency units 400 sq.ft ' - One-bedroom 560 sq.ft - Two-bedroom 750 sq.ft - Three bedroom 980 sq.ft - Additional 250 sq.ft per added bedroom 9. Maximum Structure Height: ' Not Adjacent to 1 or 2 family property - 35 ft.,no limit on roof height for structures located 100 feet or more from land zoned for 1 or 2 family dwelling purposes Adjacent to 1 or 2 family property - single story for any structures located less than 100 feet from land zoned for 1 or 2 family dwelling purposes ' 10. Minimum Distance to any Public R.O.W.or Fire Lane - 100 ft ' 11. Minimum Off-Street Parking - 1.2 parking spaces per unit+0.5 per bedroom- see Article 5 12. Signs - see Article 6 13. Landscaping&Screening - see Article 7 I14. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. • • t t 1 4 - 2 9 t 1i "R-3" - Townhouse(Three(3)or more Single Family Attached Dwellings) 1 ` 15. Minimum Lot Area - 2,200 1 16. Minimum Lot Width - 22 ft 17. Minimum Lot Depth - 100 ft i 18. Minimum Floor Area per Unit - 1,000 Sq.Ft.per unit 19. Minimum Front Yards - 25 ft adjacent to public R.O.W. I i - private drives-20 ft. 20. Minimum Rear Yards - 20 ft. I i 21. Minimum Side Yards Common walls - none ' f Interior lots - 15 ft.on end walls f, Corner Lots - Side yards next to public streets,25 ft. 22. Maximum Building Coverage - 40% of lot width I 23. Maximum Structure Height: Not Adjacent to 1 or 2 family property - 45 ft.,no limit on roof height for structures located 100 feet or ' 3 more from land zoned for 1 or 2 family dwelling purposes Adjacent to 1 or 2 family 1 a property - single story for any structures located less than 100 feet from land zoned for 1 or 2 family dwelling purposes f 24. Exterior Construction - 80%Masonry veneers 1 ` 25. Minimum Off-Street Parking - see Article 5 - 2 Garage or Carport spaces if located in front for unit, , - 2 uncovered spaces if located behind the unit-see Section 8 1 26. Common Walls Between Units - Two hour fire rating with sound board integrated between 1- staggered staggered wall studs extended through to roof deck 27. Minimum Distance to and F Public R.O.W.or Fire Lane - 100 ft I i 28. Signs - see Article 6 29. Landscaping&Screening - see Article 7 I i 30. Site Plan Approval - see Article 8 - City Council approval required prior to i construction commencing. II 1 ` i I t Is I 1 ' i 4 - 30 I i 1 Section 4-608 "R-4" Multiple-Family Medium Density Dwelling District: . 1 A. PURPOSE : "R-4",Medium Density Multi-Family Dwelling District: The intent of this district is to provide suitable areas for the development of multi-family residential structures at moderate densities of up to sixteen(16) 1 units per gross acre. Such areas should be characterized by generous open spaces,relatively low traffic generation,appropriate recreation amenities,and adequate accessory facilities and be located primarily as transitional buffers between lower density residential uses such as townhouses and more intensive residential and non-residential land uses. B. PERMITTED PRIMARY USES ' See Table 4-100 for detail listing-general uses include: Single Family Detached,Attached&Duplex(subject their district regulations) Accessory buildings to main use Home Occupations Condominiums,Apartments Townhouses or Row Houses(as described below) 1 Schools,Parks,Playgrounds C. DISTRICT DEVELOPMENT STANDARDS 1 1. Maximum Density - 16 Dwelling Units per Acre 2. All other District Development Standards are the same as the R-3 District Section 4-609 "R-5" Multiple-Family High DensityDwelling District: A. PURPOSE : "R-5",High Density Multi-Family Dwelling District: The intent of this district is to provide suitable areas which will permit the development of multi-family residential structures at relatively high 1 densities of up to twenty-four(24)units per gross acre. Such areas should be characterized by consolidated open spaces,relatively low traffic generation,a wide range of recreational amenities and adequate accessory facilities. This land use should be located in areas not suitable for lower density 1 residential uses and can be used as transitional buffers between lower density residential uses such as townhouses and more intensive land uses. B. PERMITTED PRIMARY USES 1 See Table 4-100 for detail listing-general uses include: Single Family Detached,Attached&Duplex(subject their district regulations) Accessory buildings to main use 1 Home Occupations Condominiums,Apartments 1 Townhouses or Row Houses(as described below) Schools,Parks,Playgrounds IC. DISTRICT DEVELOPMENT STANDARDS 1. Maximum Density - 24 Dwelling Units per Acre 2. All other District Development Standards are the same as the R-3 District ' 4 - 31 I i i I Section 4-610 "C-1" Neighborhood Business District I i A. PURPOSE: "C-1",Neighborhood Business District: The intent of this district is to provide suitable areas for the development of certain limited business uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses should occur most often on the periphery I of established neighborhoods at the intersection of collectors and minor arterial and be characterized by non-residential uses which have generous landscaping and do not attract long distance traffic trips. I $ f B. PERMITTED PRIMARY USES See Table 4-100 for detail listing-general uses include: 1 r Personal service shops and light retail stores Small professional offices,banks,studios Restaurants or cafes I 1 Schools Parks,Playgrounds Outside sales,storage,or display prohibited,no service to automobiles 1 C. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Lot Area - none I 2. Minimum Lot Widths - none 3. Minimum Front Yard - 20 ft 4. Minimum Rear Yard - 15 ft I i 5. Minimum Side Yard - None except when adjacent to land zoned for residential purposes then 5 ft. 1 i • I 6. Maximum Structure Height Not Adjacent to 1 or 2 ;. family property - 35 ft.,no limit on roof height for structures located 100 feet or I k. more from land zoned for 1 or 2 family dwelling purposes Adjacent to 1 or 2 family property - single story for any structures located less than 100 feet from t land zoned for 1 or 2 family dwelling purposes 7. Minimum Exterior Facade - 60%Masonry Veneer on Street facing Walls I 1 8. Minimum Off-Street Parking - Article 5 9. Signs - see Article 6 I i 10. Landscaping&Screening - see Article 7 11. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. I I I , 4 - 3 2 I ' Section 4-611 "C-2" Community Business District ' A. PURPOSE : "C-2",Community Business District: The intent of this district is to provide suitable areas for the development of business uses which offer a wide variety of retail and service establishments that are generally oriented towards ' serving the overall needs of the entire community.Such uses generally include those retail,service and office activities that are usually found in major community shopping centers and in centralized commercial districts. This district should be the most widely applied business district in the City due to its generic service nature and provide for ' appropriate landscaping. ' B. PERMITTED PRIMARY USES See Table 4-100 for detail listing-general uses include: Large and small retailers and office uses ' Service establishments Hotels,Motels,ands Travel Lodges Medical and Dental Clinics Automotive repair&service shops Schools ' Parks,Playgrounds No manufacturing or sales of second hand goods ' C. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Lot Area&Width - none 2. Minimum Front Yard - 20 ft 3. Minimum Rear Yard - 15 ft ' 4. Minimum.Side Yard - Non except when adjacent to land zoned for residential purposes then 5 ft. 5. Maximum Height Limit: General - 60 ft or 4 stories(which ever is less) Public&Semipublic uses - Hotels,Hospitals,Schools,Public Buildings maybe erected to - 80 ft.provided all yards are increased an additional foot for each foot the building exceeds 60 ft. Adjacent to Residential - Any structures located within 100 feet of land zoned for I or 2 family dwelling purposes are limited to a single story. 6. Minimum Exterior Facade - 60%Masonry Veneer on Street facing Walls 7. Minimum Off-Street Parking - see Article 5 8. Signs - see Article 6 9. Landscaping&Screening - see Article 7 10. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. I 2 ' 4 - 33 1 f Section 4-612 "TX-10" Texas Highway 10 Multi-Use District i 1 A. PURPOSE : ' t "TX-10",Texas Highway 10 Multi-Use District: The Texas Highway 10 Multi-Use District is intended to permit concentrated growth along the north and south sides of Texas Highway 10 with the development of business, industry and compatible support activities that maximize the potential for job growth,increase property values,and enhance the City's urban image along the State Highway 10 Corridor. It specifically encourages those uses that will I I stimulate work force expansion,optimize employee to customer ratios,maximize the economic use of available land and encourage the redevelopment of land. It specifically discourages those uses which provide for marginal I increases in job growth,promote idle land,and detract from the image enhancement intentions of this district. 1B. PERMITTED PRIMARY USES See Table 4-100 for detail listing-general uses include: office,retail,warehousing, 1 Automotive repair&service shops t fabrication,assembly 1 Ii C. DISTRICT DEVELOPMENT STANDARDS E 1. Minimum Lot Area - 22,500 Sq.Ft. 2. Minimum Lot Width - 130' 3. Minimum Front Yard - 20'if all is landscaped - 30'if not all landscaped I g 4. Minimum Rear Yard Adjacent to R.O.W. - 20 ft. Adjacent to 1 or 2 Family Zoning - 2 ft.of side yard per I ft.of building height I 8 All Other Conditions - Same as height of building(per UBC),however, I t not less than 10 ft. '€ 5. Minimum Side Yard - Same as Minimum Rear Yard 1 r 6. Maximum Height Limit: Adjacent to Residential - Any structures located within 120 feet of land zoned for I i or 2 family dwelling purposes are limited to a single story. All Other Conditions - 60 ft i 7. Minimum Exterior Facade Buildings 50,000 sq.ft.or less - 80%Masonry Veneer all elevations i Buildings 50,000 to 100,000 sq.ft. - 60%Masonry Veneer all elevations Buildings with more than 100,000 sq. - 40%Masonry Veneer all elevations I i I1I f 4 - 34 8. Minimum Buffer Adjacent to Residential Zoning - 6 ft.high screening fence or wall on common property line, ' with evergreen shrubs planted within a minimum 10 ft.wide landscape strip along the screen. Shrubs to be 4 ft.on centers, not less than 3 ft.height at planting and not less than 6 ft.high ' within 3 years after planting. 9. Outside Sales Area - Permitted when less than 20%of gross floor area of ' building and not within street yard 10. Open Storage&Use Areas - Must be paved and located behind structure; ' - Screened from all streets,medical,hotels,shop cts..via 6 ft.high masonry wall(see screening wall-Article 7); - Screened on all other sides by chain link fence w/slats or ' better(see screening fence Article 7); - All materials stacked below height of screen; - Not less than 25'to property zoned for 1 or 2 family use; 11. Loading Docks - Screened from street with masonry wing wall; ' - Setback from street a minimum of 50 ft. 12. Recycling&Dumpsters Areas - Screened with masonry wall(see Wall- Article 7) - No closer than 20' to residentially zoned property 13. Roof Mounted Equipment - Screened with architecturally compatible material 14. Meter&Utility Devices - Screened with landscaping orarchitecturally compatible material ' 15. Frontage Landscaping - 10'wide strip along front property line - 1 -3"tree per every 25'of frontage - 4 shrubs per every 25'of frontage 16. Parking Lot Landscaping - 25 sq.ft per parking space - 1 tree for every 10 parking spaces in street yard 17. Minimum Off-Street Parking - see Article 5 ' 18. Signs - see Article 6 19. Screening - see Article 7 20. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. ' 4 - 35 1 1 s Section 4-613 "LI" Limited Industrial District I A. PURPOSE: "L-I",Limited Industrial District: The intent of this district is to provide suitable areas for the development of 1 industrial and manufacturing type uses which are characterized by exceptionally high developmental,operational and environmental standards. Such operations include those which are generally characterized by low traffic s generation,minimal building coverage,generous setbacks,abundant open space and attractive site planning. g 1 • i B. PERMITTED PRIMARY USES l: See Table 4-100 for detail listing-general uses include: Retail,Office,Warehousing,Assembly,Light Manufacturing I C. DISTRICT DEVELOPMENT STANDARDS 1. Minimum Front Yard - 50 ft. I 2. Minimum Side Yards - 20 ft. 3. Minimum Rear Yard - 20 ft. 4. Maximum Height Limit: - 2 stories and 45 ft 1 1 5. Maximum Floor Area - 2.5 times the buildable lot area(i.e.:lot area less area of required yards) Ii6. Minimum Exterior Facade - 60%Masonry Veneer on Street facing Walls 7. Minimum Off-Street Parking - see Article 5 8. Signs - see Article 6 1 11 9. Landscaped Frontage - 10 ft wide landscape strip adjacent to public RO.W.minimum of 1 -3 inch caliper tree per 25 feet of street frontage with underground irrigation system 1 . 10. Open Storage&Use Areas - Permitted within buildable area provided screened on all sides 1 by the building or a view obstructing fence or wall not less than 1 6 ft.high. 11. Minimum Buffer Adjacent I to Residential Zoning - 6 ft.high screening fence or wall on common property line, 1 with evergreen shrubs planted within a minimum 10 ft.wide ,; landscape strip along the screen.Shrubs to be 4 Ron centers, not less than 3 ft.height at planting and not less than 6 ft.high g t within 3 years after planting. I 1 12. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. I �. s 1 I I I I 4 - 3 6 1 ' Section 4-614 "I-I" Light Industrial District ' A. PURPOSE: "L-I",Limited Industrial District: The intent of this district is to provide suitable areas for the development of industrial and manufacturing type uses which are characterized by exceptionally high develop-mental,operational ' and environmental standards. Such operations include those which are generally characterized by low traffic generation,minimal building coverage,generous setbacks,abundant open space and attractive site planning. B. PERMITTED PRIMARY USES See Table 4-100 for detail listing-general uses include: Retail,Office,Warehousing,Assembly,Light Manufacturing C. DISTRICT DEVELOPMENT STANDARDS ' 1. Minimum Front Yard - 20 ft 2. Minimum Side Yards - none unless abuts lot used for dwelling then minimum of 10 ft ' 3. Minimum Rear Yard - none unless abuts lot used for dwelling then minimum of 10 ft 4. Maximum Height Limit: Adjacent to 1 or 2 ' family zoned property - single story for any structures located less than 100 feet from land zoned for 1 or 2 family dwelling purposes Not Adjacent to 1 or 2 family zoned property - No limitation 5. Minimum Exterior Facade - 60%Masonry Veneer on Street facing Walls 6. Minimum Off-Street Parking - Article 5 7. Si - see Article 6 8. Landscaping&Screening - see Article 7 ' 9. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. 11 1 ' 4 - 3 7 I 1 i ' Section 4-615 "1-2" Heavy Industrial District I li A. PURPOSE : I i "I-2",Heavy Industrial District: This district is much more liberal in permissive uses of industrial and manufacturing nature and functions and provides for the citing of enterprises that tend to emit odors,noises,dust,and vibrations and that are least compatible with other uses. As in the"I-1",Light Manufacturing District,no new dwelling uses will be I li permitted other than those that are now present and as needed for caretakers and watchmen. Off-street parking and loading facilities are required to lessen congestion in the streets. I 1 B. PERMITTED PRIMARY USES See Table 4-100 for detail listing-general uses include: I Retail,Office,Warehousing,Assembly,Manufacturing C. DISTRICT DEVELOPMENT STANDARDS I 1. Minimum Front Yard - 20 ft 2. Minimum Side Yard - none unless abuts lot used for dwelling then minimum of 10 ft 3. Minimum Rear Yard - none unless abuts lot used for dwelling then minimum of 10 ft I s 4. Maximum Height Limit: I Adjacent to 1 or 2 • I . li family zoned property - single story for any structures located less than 100 feet from land zoned for 1 or 2 family dwelling purposes Not Adjacent to 1 or 2 I family zoned property - No limitation �' 5. Minimum Exterior Facade - 60%Masonry Veneer on Street facing Walls I 1, 6. Minimum Off-Street Parking - Article 5 i 7. Signs - see Article 6 8. Landscaping&Screening - see Article 7 I 9. Site Plan Approval - see Article 8 - City Council approval required prior to construction commencing. I s k I : Ii 1 Iii II 4 - 38 I 1 Section 4-700. Ekceptions to District Site DeveilopmentachauLdim. EXcept as approved by the Board of Adjustment only the specific exception to the District Site Development Standards shall be permitted and then only when complying to the conditions, if any, specified. (1) Height Exceptions: Height regulations shall not apply to belfries, ' chimneys, church spires, conveyors, cooling towers, elevator penthous- es, storage towers, flag poles, n nunents, ornamental towers, cranes, construction equipment, stage towers and scenery lofts, water tanks, microwave relay stations, and radio and television transmission towers. ' (2) Height Extensions: A permitted non-residential stns in any zoning district nay exceed maxims height limits with a Specific Use Permit, provided that there shall be an additional two (2) feet of required yard setback for each one (1) foot of additional height. t (3) Unobstructed Open Space: All required permeable areas shall be unoccu- pied and completely unobstructed except for meter pits extending not more than six (6) inches above grade, lawn sprinklers, landscaping, ordinary and necessary service line conduits and poles for utilities, ' lighting fixtures, signs within the limits herein prescribed, or underground installations accessory to any permitted use. ' (4) Front Yard Obstructions: Front yards on private streets may contain carports. However, in no case shall they be located nearer than two (2) feet from the front property line, fire lane or private drive. (5) Side Yard Projections: Sills, belt courses and cornices may project up to two (2) feet into required side yard. t (6) Side Yard Ecemptions: Side yards shall not be required for abutting non-residential properties in the same zoning district if both proper- ties are developed as a unit under a common development plan. (7) Rear Yard Overhangs: Roof, balcony and porch overhangs may project up to four (4) feet into required rear yards. ' (8) Rear Yard Projections: Fireplace masses, bay windows and window boxes may project up to three (3) feet into required rear yards. ' (9) hear Yard Exemptions: Where a lot fronts on two streets within thirty (30) degrees of being parallel but not at their intersection, no rear setback shall be required. ' (10) Front Setback Consistency: Where properties along one side of a street in the same block are zoned differently, the front setback of the most restrictive district shall apply to the entire block. ' (11) Corner/Reverse Frontage Setbacks: On the street eet side of corner lots, required side yards shall be not less than fifteen (15) feet in depth, 11 and in the case of reverse frontage lots, there shall be a rear yard depth equal to the front yard depth of the lots to the rear. ' 4 - 3 9 Ix (12) Lots of Record: On any lot-of-record held under separate. ownership from adjoining lots at the time of passage of this Ordinance, a single 11 ! family detached dwelling may be erected even though the lot may be of less area than required by the district in which it is located; provid- ed, however, that the combined area of the dwelling and any accessan/ structures shall not cover more than forty percent (40%) of the total lot area. (13) Conflicting Ordinances: Where a setback line has been established by another ordinance or by approved plat filed of record and such line requires a greater distance than is prescribed by this Ordinance for the district in which the building line is located, the minimum re- quired setback shall comply with the line so established by such ordinance or approloveipaat filed of record. e E 1 E 1 � ' 4 i 1 2 r 4 - 4 0 s t ' Section 4-800. "PD", Planned Demelapment District. These regulations are designed to provide flexibility of planning and development of large scale, multi-use or in environmentally sensitive areas. ' The Planned Development District is a specific zoning district that is governed by specific plans approved by the City Council. ' (1) Permitted Uses: Ikea permitted in a "PD" district may include any one or combination of the UECS set forth in Table 4-A, subject to the issuance of a Specific Use Permit. t (2) Procedures: Prior to the issuance of a Specific Use Permit or Building Permit for property located in a "PD" district, a general plan shall be submitted identifying proposed land u..os, densities, major open spaces, ' circulation patterns and access features, and including a statement indicating proposed phasing of development and the projected timing of each phase. The Commission shall review and forward the plan with its ' recommendation to the Council. The Council shall not approve a "PD" plan which has not been recommended for approval by the Commission except by a favorable vote of three-fourths (3/4) of all the members of ' the Council. Advertisement and public hearing shall be held by the Commission and Council in accordance with the notification procedure set forth for a rezoning application. ' (3) 4inimumn Size Requirement: A "PD" district may be authorized only on sites containing five (5) or more acres, except in infill or transition areas where there shall be no minimum size requirements. ' (4) Cluster Housing: If the proposed "PD" project contains cluster hous- ing, the minimum, standards and requirements shall apply as set forth for cluster housing in the R-1A district. (5) Development Standards: In approving applications for the "PD" dis- trict, the Council may impose any reasonable requirements necessary to protect the public interest, adjacent properties and welfare of the II community. The minimumements established shall be those of requtr the least intensive district in which the use or uses are allowed. ' (a) Site Development Standards: The site development standard of the least intensive district in which the use or uscs are allowed shall constitute the minimum site development requirements unless ' differing requirements are approved by Council; provided, however, that the Council may impose stricter requirements in order to minimi2e incompatibilities; ' (b) Parking Regulations: Unless otherwise indicated on the approved site plan, the parking requirements set forth in Article 5 of this II code apply. Sign Regulations: Unless indicated on the approved site plan, the sign regulations as set forth in Article 6 of this code shall apply. ' 4 - 41 1 I IL (6) COuncil Waivers: In environmentally sensitive areas or in larger mixed I I use projects, the Council is authorized to modify or waive any minimum , development standards in consideration for superior site design stan- dards and public improvements that are deemed to be in the public interest. Under no circumstances should the "PD" district be used as a [ I device to cirommientnininhastandards. 1 (7) Development Schedule: I (a) Application: The City Council may require an application for a i "PD" district be accompanied by a development schedule indicating II the approximate date on which construction is expected to commence and the rate of anticipated development to coepletion. The develcvment schedule, if approved by COuncil, shall become part of the general plan and shall be adhered to by the owner, developer II 1 and his or her successors in interest. The Administrator shall LeFuLl annually to the commission the actual development accomr- plished as =paned with the development schedule. I (b) Failure to Meet Schedule: If in the opinion of the City Council, the owner or owners of property are failing or have failed to meet the approved schedule, the City Cbuncil may initiate proceedings I i to amend the Zoning District Map or the "PD" district by removing all or part of the "PD" district from the Zoning District Map and placing the area involved in another appropriate zoning district. [ I I Upon recommendation of the (X*tmiission and for good cause shown by II 1 the owner and developer, the COuncil may also extend or amend the development schedule as may be indicated by the facts and condi- tions of the case. II i (8) All Community Unit Developments: (CUD), Special Planned Unit Develop- ments (SPUD) that may have been approved prior to the adoption of these I regulations shall comply with the site plan and conditions approved with its original adoption. Amendment to any CUD or SPUD shall require compliance with the PD Regulations. I (9) Landscaping, Screening and Outdoor Storage Regulations: Unless indi- II cated on the approved site plan, the landscaping, screening and outdoor storage regulations of Article 7 shall apply. I I II II 1 I I I I 1 I I 1I i 4 42 1 ' Section 4-900. Specific Uise Permits. The purpose of a Specific Use Permit is to provide the Council the opportu- nity to deny or to conditionally approve those mos for which Specific Use ' Permits are required. These uscs may have unusual physical or operational characteristics or may be of a public or semi-public character often essen- tial or desirable for the general convenience and welfare of the community. ' Because, however, of the nature of the use, the importance of the u ' relationship to public planning policies, or possible adverse impact on neighboring property of the use, heightened review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed ' uses are required. (1) Permit Required: No land or building shall be used or occupied by any ' use requiring a specific use permit, as specified in Table 4-A herein, unless a Specific Use Permit has first been issued in accordance with the provisions of this section. ' 4-901. application Procedure: (1) An application for a Specific Use Permit shall be filed with the City ' Planning Department on a form prepared by the City. The application shall be accompanied by the following: (a) A completed application form signed by the property owner; (b) An application fee as established by the city's latest adopted t "Schedule of Fees;" (c) A certificate stating that all city and school taxes have been paid current-to-date; ' (d) A property description of the area where the Specific Use Permit is proposed to apply; ' (e) A site plan complying with the requirements stated herein which will become a part of the Specific Use Permit, if approved, and; ' (f) Any other material and/or information as may be required by the Planning and Zoning Commission, the City Council or the City Manager to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City of Euless. ' (2) A site plan shall contain, at a minimum, the following information: (a) Boundary of the area covered by the site plan; I (b) A description of all processes and activities involved in the proposed use; ' 4 - 4 3 It 1 II (c) Existing and proposed buildings and structures, including their height, roof line, gross floor area, location of entrances and I i exits, areas for storage, and areas where work is performed; (d) Existing drainage ways and significant natural features, such as I large trees, tree clusters, steep slopes, etc.; I (e) Proposed landscaping and screening buffers; I (f) Location and dimensions of all curb lines, public and private streets, easements, parking and loading areas, pedestrian walk- ways, lighting facilities, and outside trash storage facilities; II 11 (g) The location, height, and type of wall, fence and/or other type of II screening; and II (h) The location, height and size of all proposed signs. [ (3) The following adAitional information shall be provided prior to approv- I al subject to the provisions of SECTION 4-902. (a) Any final environmental assessment and/or final environmental I impact statement that may be required pursuant to state or federal statutes; 11 (b) Copies of studies or analyses upon which have been based projec- II tions for need or demand for the proposed facility; M (c) Copies of studies or analyses upon which .alternatives have been II • considered and evaluated; (d) Description of the present use, assessed value and actual value of I i the land affected by the proposed facility; f (e) Description of the proposed use, anticipated assessed value and 1 supporting documentation; I i (f) A description of any long term plans or master plan for the future use or development of the property; I (g) A description of the applicant's ability to obtain needed ease- gm nents to serve the proposed use; I (h) A description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land use patterns; I il (i) A description of any special construction requirements that may be 1 necessary for any construction or development on the subject I property; I . 1 4 - 44 I 1 ' (j) If the proposed use will result in a significant increase in traffic, a traffic impact analysis prepared by a certified profes- sional engineer qualified in the field of traffic engineering and forecasting; ' (k) If the proposed use will result in the production of noise of 50 DBa at the property line from 10:00 p.m. through 7:00 a.m., or 55 ' DBa at the property line froom 7:00 a.m. through 10:00 p.m., a nap showing projected noise at 55, 60, 65, 70 and 75 ldn noise con- tours, data showing projected distribution of single event noise ' events for each half hour throughout the day, including expectant decibel levels and duration of noise events, and projected cumula- tive noise totals from all facility-related noise. 4-902. Waiver of Permit Requirements Upon petition by the applicant showing that full compliance with the appli- cation requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the City Council, upon recommendation by the Planning and Zoning Commission, may waive any part, or all, of the applica- tion requirements imposed by SECTION 4-901. The City Council may grant such a waiver only upon finding that the infor- I nation submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submit- tal requirements is unreasonably burdensoane on the applicant. 4-903. Conditions of Permit Approval ' A Specific Use Permit shall not be recommended for approval by the Planning and Zoning Commission unless the Commission finds that all of the following conditions have been found to exist: (1) The proposed use flies with all the requirements of the zoning district in which the Specific Use Permit is located; ' (2) The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city; ' (3) The benefits that the City gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, ' wildlife habitats, parks, or natural, scenic, or historical fea- tures of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individu- als affected by the proposed use; ' (4) Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided; ' 4 - 45 1 I 11= 1i (5) The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall 1 I provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; II (6) The issuance of the Specific Use Permit does not impede the normal and orderly development and improvement of neighboring vaunt I property; 1 (7) The location, nature and height of buildings, structures, walls i and fences are not out of scale with the neighborhood; I li (8) The proposed use will be c m patible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity; I (9) Adequate nuisance prevention measures have been or shall be taken 1 II to prevent or control offensive odors, fumes, dust, noise, vibra- II tion and visual blight; (10) Sufficient on-site lighting is provided for adequate safety of II patrons, employees and property and that such lighting is ade- quately shielded or directed so as not to disturb or adversely affect neighboring properties; t (11) There is sufficient landscaping and screening to ensure harmony I and compatibility with adjacent properties; 1(12) The proposed operation is consistent with the applicant's submit , ted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs; I } (13) The proposed use is in accordance with the City's comprehensive plan; 4-904 Additional Conditions � In authorizing a Specific Use Permit, the Planning and Zoning Commission may I i recommend, and the City Council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the com<mmity. 4-905 Governmental Immunity I I Upon petition of the applicant, the City Council may officially recognize that the applicant is immune from the requirements of complying with the I City's zoning ordinance for a proposed building, structure, use, development or activity, (a) if required by State or Federal statutes, or (b) in the absence of such statutes, upon consideration and balancing of all relative factors, including: II4 - 4 6 I 1 1 s (1) The impact of zoning compliance upon a proposed building, struc- ture, use, development or activity; (2) The impact of a proposed building, structure, use, development or activity on the city; (3) Whether the site selected is the most prudent and feasible loca- tion for the proposed building, structure, use, development or activity; (4) The need of the applicant and the region for the proposed use, development or activity. 4-906. Time Limit A Specific Use Permit issued under this section shall be valid for a period of two (2) years from the date of issuance and shall become null and void unless construction or use is substantially under way during the two-year period, or unless an extension of time is approved by the City Cbuncil. 4-907. Revocation of Permit A Specific Use Permit may be revoked or mcdified, after notice and hearing for either of the following reasons: (1) The permit was obtained or extended by fraud or deception; (2) One or more of the conditions imposed by the permit has not been met or has been violated. 4-908 Amendments The procedure for amending a Specific Use Permit shall be the same as for a new application, provided, the administrator may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent proper- ties or neighborhoods. 4 - 47 II II Section 4-1000. Supplemental Regulations Applicable to All Districts In addition to the regulations for the zoning district in which the property is located the following supplemental regulations shall apply. F Section 4-1001. EXterior Facade Requirements II (1) In order to enhance the overall visual image of the City and to encour- age some degree of design consistency, exterior masonry facades on all II structures shall be provided as specified in the District Site Develop- ment Standard for that particular Zoning District. (a) Street facing walls: Street facing walls shall be deemed any II exterior wall elevation visible from the street and having an angle of less than 80 degrees from the building line cord. I (b) Calculations: In determining the wall area, the entire elevation from the foundation to the top plate exclusive of doors, windows IIE and other penetrations shall be used. I (c) Acceptable Masonry Facade Materials: Only the following materials shall be considered as meeting the masonry requirements of this II zoning district: natural stone, brick, precast concrete panels, stucco, and/or concrete masonry units of the following types; split-face, fluted, castle rock, shadow rock, scored and/or glazed (common smooth face masonry units are specifically prohibited II F unless used in combination with other types of concrete masonry # units and do not exceed twenty-five (25) percent of the area covered by concrete masonry units). II. (d) Exceptions: EXceptions to these requirements may be granted by the Council on a case-by-case basis provided that the Council IIfinds that the proposed building materials and arrangement of these materials will enhance and preserve the character of the _ neighborhood in which the structure is located. Exceptions I approved by Council shall be in effect for only the structure i specifically authorized by council and shall become null and void 1 should no building permit be issued within ninety (90) days or should the building permit for the specific structure expire. 1 Section 4-1002. Well Head Protection Zone. iI ,' No fuel storage tanks or hazardous materials, as defined by the EPA, shall be located within 1,400 feet of any public water well. t j Section 4-1003. Sexually Oriented Businesses. 1 j (1) The purpose of this section is to promote the health, safety, morals, I and general welfare of the citizens by establishing reasonable and I uniform regulations pertaining to sexually oriented businesses so as to prevent the concentration of such businesses within the City. 1 1 a 1 b 1 II4 - 4 8 II II II (2) Businesses fitting the definition of "sexually oriented business" as defined by this Code, shall comply with the following locational requirements: II (a) No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of a church, public or private elementary or secondary school, public park, public library, II residential use, property zoned for residential use or another sexually oriented business. (0) No person shall establish, operate, or cause to be operated, a II sexually oriented business in any building structure or portion thereof containing another sexually oriented business. II (c) The distance between a sexually oriented business and any adjacent structures other than another sexually oriented business shall be measured in a straight line without regard to intervening II structures or objects, from the nearest portion of the building or structure used as a tenant space occupied for a sexually oriented business to the nearest property line of the premises of a church, public or private elementary or secondary school, public park, IIpublic library, or residential use. (d) The distance between any two sexually oriented business shall be II measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied as applicable. II (3) No person may operate or cause to operate a sexually oriented business , without first meeting the licensing requirements prescribed in Article II III of the City of Euless Code of Ordinances. , Section 4-1004. Performance Standards. IIExcept as otherwise provided herein, no land, building or structure in any 1 district shall be used or occupied in any :Tanner so as to create any danger- ous injurious, noxious, or otherwise objectionable fire, explosive, or II other hazard; noise or vibration; smoke, dust, or other form of air pollu- tion; heat, cold, dampness, electrical or other substance, condition or 4 S dangerous element in such a manner or in such amount as to adversely affect II the surrounding area or adjoining premises. Permitted uses as set forth in this Ordinance shall be undertaken and maintained only if they conform to the regulations of this section. The following standards shall apply to the II various zoning districts as indicated: (1) Exterior Noise: The following noise standards, unless otherwise specifically indicated, shall apply for all property within the City. II II II 4 - 49 (a) Residential District: For noise emanating from a facility on property located within any "R" residential district, the allow11 - able noise level at any property line shall not exceed the follow- ing: Time Interval Allowable Exterior Noise Level 1 10:00 pm to 7:00 am 50 dB (A) 7:00 am to 10:00 pm 55 dB (A) (b) For noise emanating from a facility on property located within any "C" commercial district, the allowable noise level shall be as follows: ' Time Interval Allowable Exterior Noise Level 10:00 pm to 7:00 am 65 dB (A) 7:00 am to 10:00 pm 70 dB (A) (c) For noise emanating from a facility on property located within the "TX 10" or "LI" the maximum allowable noise level shall be asII follows: 1. Properties within 150' of any residentially zoned property shall comply with Exterior Noise Standard for "C" Commercial Districts. 2. Properties that are 150' or more from any residentially zoned 1 property shall be subject to the Exterior Noise Standards for the "I-i" Light Industrial District. (d) "I-1" Light Industrial District: For noise emanating from a facility on property located within the "I-1" Light Industrial district, the allowable noise level shall be 75 dB (A). (e) "I-2" Heavy Industrial District: For noise emanating from a facility on property located within the "I-2" manufacturing district, the allowable noise level shall be 85 dB (A). (f) All Zoning Districts: Noise emanating from property within any zoning district may not exceed: * The allowable noise level plus up to five (5) dB (A) for a cumulative period of no more than thirty (30) minutes in any hour; or * The allowable noise level plus six (6) to ten (10) dB (A) for a cumulative period of fifteen (15) minutes in any hour; or * The allowable noise level plus eleven (11) to fifteen (15) dB (A) for a cumulative period of five (5) minutes in any hour; or * The allowable noise level plus sixteen (16) dB (A) or more for a cumulative period of one (1) minute in any hour. 4 - 50 I (g) Ambient Noise: In the event the ambient noise level exceeds the allowable noise levels in subparagraphs (b), (c), and (d) above, the allowable noise level for the property in questions shall be increased to equal the maximum ambient noise level. (h) Noise Sources Not Included: For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included: * Noises not directly under the control of the property owner, occupant, or operator of the premises. * Noises emanating fmomareftruction, grading, repair, remodel- ing or any maintenance activities between the hours of 7:00 am and 8:00 pm. * Noises of safety signals, warning devices and emergency pressure relief valves. * Transient noise of mobile sources, including automobiles, trucks, aircraft, and railroads. * Activities conducted on public parks, playgrounds and public or private schools. * Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the appropriate jurisdiction relative to the staging of said events. * Air conditioning or refrigeration systems or associated equipment. (i) General Standards Regarding Noise Measurement: For the purpose of determining compliance with this section, noise levels are to be measured at any residential property line within any permanent residential zoning district. (j) Standards Regarding Noise Measurement for Pre-existing Manufactur- ing Uses: For the purpose of determining compliance with the foregoing subparagraphs (a) through (f), and with regard to noise emanating from property already zoned manufacturing at the time this Ordinance is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this Ordinance is enacted. (2) Vibration: No vibration from any use within any zoning disiLict shall 11 be permitted which is perceptible without instruments at any residen- tial property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with 11 regard to vibration generated from any property already zoned manufac- 11 4 - 51 turing at the time this Ordinance is enacted, vibration is to be measured at residential property lines within residential zamin; districts as such residential zoning district lines exist at the time this Ordinance is enacted. (3) Glare: Primary and secondary glare (both direct and reflective) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street right-of-ways. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding, new construction and repairs of facilities shall be exempt from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations. (4) particulate Air Contaminants: No emissions, dust, fumes, vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the Texas Air Control Board- and the Environmental Protection Agency. (5) Exceptions From Performance Standards: The owner or operator of any Wilding, structure, operation or use which violates any performance standards may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The Board may grant exceptions with respect to the time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this Section of the Code. In its determinations, the Board shall consider the following: * The magnitude of the nuisance caused by the violation. * The u.,os of property within the area of impingement by the violations. * The time factors related to study, design, financing and construction of remedial work. * The economic factors related to age and useful life of the equiEnent• * The general public interest, welfare and safety. (6) Exemptions: The provisions of this section shall not apply to manufac- turing uses or expansions thereof upon adjacent property, which exist within the City on the effective date of this Ordinance. Revised 08/12/93 10/20/93 02/24/94 1j1\udc\article.4 4 - 52 I II IIARTICLE 5 - OFF-STREET PARKING, LOADING AM) DRIVEWAY STANDARDS Section 5-100 Purpose. II The purpose of this article is to require off-street parking and loading facilities proportional to the need created by each use, to discontinue nonconforming driveways and to require driveways to conform to the minimum I access standards contained herein. Development regulations and design standards are intended to insure the usefulness of parking and loading facilities, protect the public safety, and where appropriate, to mitigate the potential adverse impacts on neighboring properties. IISection 5-200 Off-Street Parking. II (1) Applicability: Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of I an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being re- quired, provided that the additional parking shall be required only for such addition, enlargement, or change and not for the entire building II or use. (2) Existing Facilities: Facilities being used for off-street parking on II the effective date of this Ordinance shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. II (3) Multiple Uses: For sites with more than one (1) use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, IIexcept as adjusted pursuant to the joint use provisions herein. (4) Future Construction: Parking facilities constructed or substantially II reconstructed subsequent to the effective date of this Ordinance, whether or not required, shall conform to the design standards set forth herein. II (5) Maintenance and Use: All required parking facilities and associated drive access shall be maintained for the duration of the use requiring -, such areas. Such facilities shall be used exclusively for the tempo- I rary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one (1) ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment. II (6) Parking on Paved Surface Required: Except as otherwise provided, it shall be unlawful for any person to park or to cause, suffer, maintain I or allow to be parked upon any property under his control any vehicle, including but not limited to an automobile, truck, motorcycle, motorhome, camper, trailer, boat or mobile home, except upon an all IIweather surface unless: I 5 - 1 ,„„. II • (a) the vehicle is parked within a rear or side yard of a one or two familyII residence and is screened from view from adjacent properties and public streets with a landscaped buffer or screening fence in accordance with Section 7-300 (2)(a) (landscape screen) or (b) (wood fence screen) of thisII code, or; (b) the property is zoned for single family use and the residence existing I thereon was originally constructed prior to July 12, 1977, and which had when constructed, only a one-car garage or which had no garage. (c) a special exception has been granted by the Board of Adjustments because II of unique circumstances which make complying with this paragraph unreasonable and the Board of Adjustments finds the approval of such request will not be detrimental to adjacent properties in the City and is IInot contradictory to the purpose of this article or spirit of this Code. The maximum paved area devoted to parking on properties zoned for 1 or 2 family IIdwellings shall not exceed 50% of the street yard unless a special exception has been granted by the Board of Adjustment consistent with the criteria I described above [5-200(6)(c)]. (7) Schedule of Parking Space Requirements: The minimum number of off-street 1 parking spaces to be provided shall be as follows (Refer to Table 5-A for I relation of Parking Groups to Permitted Uses): I i TABLE 5-A PARKING GROUP SCHEDULE Group Minimum Number of Off-Street Parking Spaces I i 1 1 per unit 2 1 per unit plus .5 per bedroom & 1 guest space per every 5 units II3 2 per unit I 4 1 per 50 sq. ft. of gross floor area plus 12 5 1 per 100 sq. ft. of gross floor area 6 1 per 200 sq. ft. of gross floor area II 7 1 per 250 sq. ft. of gross floor area 8 1 per 300 sq. ft. of gross floor area 9 1 per 400 sq. ft. of gross floor area II10 1 per 500 sq. ft. of gross floor area 11 1 per 600 sq. ft. of gross floor area 12 1 per 800 sq. ft. of gross floor area 13 1 per 1,000 sq. ft. of gross floor area I 14 1 per 1,000 sq. ft. of gross site area 15 1 per 1,500 sq. ft. of gross site area 16 1 per 3 students I 17 1 per 5 students ' 18 1 per 15 students 19 1 per 25 students t 20 1 per employee on largest shift 21 1 per bay or pump island 22 1 per 4 beds 1 23 1 per 4 seats II 24 1 per 6 machines 25 5 per hole 26 5 per alley or table II 27 3 queuing spaces per bay or stall 28 5 queuing spaces per bay or stall 5 - 2 1 1 II (8) Design Standards: I (a) Dimensions: An off-street parking space shall include an area of not less than one hundred and sixty-two (162) square feet, mea- ' sured approximately nine (9) feet by eighteen (18) feet, and not be located on a public street or alley. Spaces, aisles and maneuvering areas shall be a paved surface, enclosed or I unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley. Maneuvering aisles shall generally measure 24' in width. I (b) Surfacing: All parking spaces, aisles and maneuvering areas shall be of an all-weather surfacing composed of asphalt or concrete engineered to support the imposed load of vehicular II traffic. Such all-weather surfacing shall be provided for all parking spaces enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley. All weather surfacing shall be either concrete or hot mix asphaltic IIconcrete as defined in Article I of this code. (c) Configuration: Head-in parking adjacent to a public street or i alley, wherein the maneuvering or vehicles in entering or leaving the space must be done off a public street or alley, shall be prohibited; however, this does not apply to single family and two I family dwellings. (d) Calculation: In determining the required number of parking spaces, fractional spaces shall be rounded upward to the nearest I whole space. Service bays located in repair garages or car washes shall not be counted as meeting required minimum parking. I (e) Joint Use: Where a Lot or tract of land is used for a combination of uses, off-street parking requirements shall be the sum of the requirements for each type of use and no space provided for one type of use shall be included in computing the II requirements for any other use. Floor area devoted to off-street parking shall be excluded in computing floor area for off-street parking requirements. I (f) Availability: Except for institutional uses, required off-street parking for all permitted uses shall be available to customers, I employees, tenants, clients and occupants on a prearranged basis, other than an hourly or fee basis, as free or contract parking. (g) Remote Location: Required off-street parking for permitted I residential uses shall be provided on the lot or tract occupied by the primary use. For all other permitted uses, off-street parking may be provided on the tract occupied by the primary use I or upon another tract within three hundred (300) feet from the primary use and dedicated to parking use by an instrument filed for record and consolidated under a single Certificate of I Occupancy with the primary area. Such parking facility shall be located in the same zoning district as the main use and meet all design standards set forth herein. 1 5 - 3 1 i (h) Required Parking for One & Two Family Dwellings: All required off-street parking serving one or two family dwellings shall be ' covered with a garage, carport or combination thereof. { Additionally all required parking shall be located behind any applicable building line and in no instance less than 20 feet IIfrom the street or alley R.O.W. line the required parking is accessed from, except however, required parking serving dwellings in the R-1C (Single Family Custom Dwelling District), in order to encourage parking to the rear of lot, shall be located behind any II ? applicable building line and shall in no instance be located less than 40 feet from the street R.O.W. line the required parking is accessed from. No more than 50% of the total street yard shall II be paved. (i) Site Plan Required: Any person establishing an off-street parking facility or applying for a Building Permit for the construction, reconstruction, or alteration of the use of any building, other than a single family residence, shall submit to the Administrator a site plan designating the number, dimensions II and location of off-street parking spaces to be provided. The Administrator shall approve or disapprove the off-street parking facilities designated on the site plan and shall designate curb I cuts to service the property. (j) Pedestrian Access: Pedestrian access to buildings shall be provided from parking areas by means of pathways leading to at least one public entrance. Such pathways shall be cleared of all obstructions related to construction activity prior to the opening of the building to the general public. Where curbs exist II along such pathway, as between a parking lot surface and sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one (1) foot in twelve (12) feet and width of not less than four (4) feet shall be provided for access by wheelchairs. (k) Handicapped Spaces: Designated parking spaces shall be reserved for the physically handicapped as set forth in Table 5-B. Each space so reserved shall be not less than twelve (12) feet in width. Parking spaces for the physically handicapped shall be appropriately signed in accordance with State Statues and be located as near as possible to elevators, ramps, walkways and entrances and shall not be located so that such persons are compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and elevators. One in every eight (8) parking spaces for the handicapped, but not less than one, shall be served by an access aisle 96 inches (2440 mm) wide minimum and shall be designated "van accessible." All applicable ADA requirements for parking spaces must be met. 5 - 4 ' II I IITABLE 5-B: HANDICAPPED SPACE SCHEDULE Required Total Parking Minimum Number IIin Lot of Accessible Spaces I to 25 1 II 26 to 50 51 to 75 2 3 76 to 100 4 101 to 150 5 II 151 to 200 6 201 to 300 7 301 to 400 8 II 401 to 500 501 to 1000 2 9 percent of total 1001 and over 20 plus 1 for each II100 over 1000 Section 5-300. Off-Street Loading Requirements. . IIOff-street facilities shall be provided and maintained for receiving and loading merchandise, supplies and materials within a building or on the lot II or tract adjacent thereto. Off-street loading spaces may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure with no portion of the loading space extending into the public right-of-way or fire lane. At least half of all required IIoff-street loading spaces shall have a minimum dimension ten (10) by forty (40) feet and the remainder shall have a minimum dimension of ten (10) by twenty (20) feet. Adequate space shall be provided on-site for maneuvering II into and out of required loading spaces. Such spaces shall be provided in accordance with Table 5-C. IITable 5-C OFF-STREET LOAD FOR NON-RESIDENTIAL (1) Business and Manufacturing Uses: II Gross Floor Area (Square Feet) Minimum Required Spaces II 0-10,000 10,000 to 50,000 1 2 50,000 to 100,000 3 Each additional 100,000 1 II II I --,, I 5 - 5 t I f t (2) Hotel or Office Uses: E Gross Floor Area Minimum , (Square Feet) Required Spaces 1 Under 50,000 0 I 1. 50,000 to 150,000 1 150,000 to 300,000 2 II50,000 to 100,000 3 500,000 to 1,000,000 4 1 Each additional 500,000 1 I II Section 5-400. Driveways The City Engineer shall have the authority to interpret and enforce minimum ' access standards as contained herein and to require additional access when deemed necessary by the Engineers, based on standards contained in the Institute of Transportation Engineers publication Transportation and Land I Development, C 1988, and as updated. The City Engineer shall have the IIright to require modifications to any driveway if the City Engineer determines the driveway to be unsafe. Section 5-401. Location of Driveways I 1. The curb return radius of driveways intersecting public streets IIshall be located no closer to the nearest right-of-way line of the nearest adjacent public street intersections than the minimum distances shown in Table 5-D. A platted lot with less frontage than the minimum distance required may be required to obtain II access rights across adjacent property to a driveway meeting these requirements. 2. Driveways intersecting arterial streets with median dividers II shall align with existing or planned median openings or be located a minimum distance along the property line of 125 feet from the nearest point of median opening as measured from the II nearest median nose to the throat of the driveway. Median access may be achieved by means of access rights obtained by mutual agreement with an adjacent property owner with driveway access I meeting these requirements. TABLE 5-D I ! Minimum Clearance of Driveways IFrom Nearest Intersecting Street R.O.Y. Line IIType of Type of Street Adjacent Street Minimum Clearance Distance Intersected Intersected On Departure On Approach I Arterial Arterial 150 Feet 150 Feet Arterial Collector 100 Feet 70 Feet IIArterial Minor 70 Feet 50 Feet 5 - 6 I w I 1 II Collector Arterial 100 Feet 100 Feet Collector Collector 70 Feet 50 Feet Collector Minor 50 Feet 50 Feet I Minor Arterial 30 Feet 20 Feet 30 Feet Minor Collector 20 Feet Minor Minor 10 Feet 10 Feet ISection 5-402. Driveway Access Prohibited driveway serving a primarily residential land use shall not directly IA access an arterial street facility. A driveway serving a primarily commercial or industrial land use shall not be allowed to access a public residential alley. 1 Section 5-403. Number of driveways I1. No single platted lot shall be allowed a cumulative driveway width greater than fifty (50) percent of the total platted frontage on each street that is accessed. I2. All one or two family land uses shall be allowed a maximum of one (1) driveway opening per public street or alley except as Iprovided by the approval of circular driveway access. 3. All land uses other than one or two family land uses shall be allowed a maximum number of driveways as indicated in Table 54.II Driveways approved and constructed , on property lines perpendicular to the accessed street to provide mutual or common access shall be considered in addition to the maximum number of I driveways permitted by Table 5-E. Table 5-E IMaximum Number of Driveways Allowed Length of Public Maximum Number of Driveway Openings I Street Frontage 200 Ft. or less 1 I 200 Ft. or more 1/200 Ft. Section 5-404. Spacing of Driveways II 1. Successive driveways located on the same platted property shall be located no closer together than fifty (50) feet as measured between the adjacent driveway throats or the sum of the adjacent I curb radii of the two driveways plus a 25 foot tangent length, whichever is greater. A one-way driveway pair shall be separated by a minimum distance equal to the sum of the two adjacent curb II radii as measured between the adjacent driveway throats, with a minimum 2 ft. radius and maximum of 5 ft. radius. On circular driveways a minimum of 25 feet of stand up curb between driveway curb radii shall be required. II 5 - 7 11 1 II 1 I 2. Adjacent driveways on adjacent platted properties shall be IIlocated no closer together than the sum of the two adjacent curb radii as measured between the adjacent driveway throats. A common driveway on a property line may be allowed or required by the City Engineer. An access easement shall be required 'and the II driveway shall conform to all other design standards. Section 5-405. Design Standards II 1. Driveway Types: Driveways shall be classified as follows: a. Standard Driveways provide two-way access movements at II single, undivided curb opening. b. One-way Driveways provides one way access movements and can I only be permitted when the orientation of on-site circulation and parking layout clearly utilize the driveway for one-way movements. II c. High Capacity/Limited Movement Driveways are intended to provide two-way access movements with geometric provisions to more adequately respond to greater driveway volumes 1 and/or access limitations than a Standard Driveway provides, to include greater width, curb radii, provision of internal storage, divider median and on-street deceleration lanes. I d. Circular Driveways which provide one or two-way access to and from single family residential property only, by means I of two curb openings on the same property. 2. Driveway Width: Driveway widths shall be measured between the termination of the curb radii at a point of tangency essentially IIperpendicular to the street and shall be in accordance with the requirements of Table 5-F for the type of driveway and land use _ shown. II Table 5-F Minimum/Maximum Width of Driveways 1 Driveway Type Land Use Minimum Maximum Standard Residential 10' 24' IIStandard Commercial/Multi-Family 25' 40' Standard Industrial 30' 50' One-Way Residential n/a n/a I One-Way Commercial/Multi-Family 15' 25' One-Way Industrial 15' 25' Circular Residential 10' 15' II Circular Commercial/Multi-Family n/a n/a Circular Industrial n/a n/a , 5 - 8 I 1 I a. High Capacity/Limited Movement Driveways shall be composed of the II combination of an entrance lane width, exit lane width and median width (if applicable) and in accordance with the minimum requirements of Table 5-6. ITable 5-6 I High Capacity Driveway -- Minimum/Maximum Width Minimum Maximum IEntrance Lane 16' 24' Exit Lane ' One Lane 12' 16' Two Lane 24' 24' Median (if applicable) 4' 10' Ib. Circular Driveways shall apply to residential land uses only and shall require a minimum lot frontage of sixty (60) feet. The I inside radius of the driveway shall be tangent to the inside curb return radius approximately perpendicular to the street. I 3. Driveway Curb Radii: Driveway curb radii shall be in accordance with Table 5-H for the type of driveway and land use shown. Driveway radii shall be constructed to meet the street edge of pavement or curb at a point of tangency and shall describe a full quarter circle arc from Ithe street onto the property accessed. . Table 5-H IMinimum/Maximum Curb Radii Radius (FT.) II Driveway Type Land Use Minimum Maximum Standard Residential 5' 15' Standard Commercial/Multi-Family 15' 30' Standard Industrial 25' 50' IOne-Way Residential n/a n/a One-Way Commercial/Multi-Family 15' 30' I One-Way Industrial 25' 40' Circular Residential Outside Radius 5' 15' IInside Radius 5' 15' Circular Commercial/Multi-Family n/a n/a Circular Industrial n/a n/a Ia. High Capacity/Limited Movement Driveway shall be constructed to serve the greater driveway volumes and/or limitation of movements. Curb radii features shall be a minimum of five (5) Ifeet where turning movements are to be prohibited or discouraged and a maximum of fifty (50) feet where turning movements are allowed. I 5 - 9 II 1 4. Internal storage shall be provided at non-residential driveways, to minimize vehicle conflicts at the driveway entrance in accordance with Table 5-I. Table 5-I I Internal Storage Requirements • Minimum Storage 1 Number of Parking Length (ft.) Spaces per Driveway Measured back from property line Less than 50 18 ' 50 to 200 50 More than 200 78 5. All driveways shall intersect the public street at essentially right angles except that one-way driveways may intersect at angles no less than 45 degrees. I 6. Vertical Design criteria shall include a maximum driveway grade of ten (10) percent. Maximum "breakover" angles, being the algebraic I difference in successive grade changes, shall be twelve (12) percent 1 for summit condition and eight (8) percent for sag conditions. 7. Driveways utilized for direct access to designated fire lanes shall be constructed in accordance with criteria established by the Fire Marshall to permit unimpeded access for emergency fire equipment. Section 5-406. Nonconforming Access Driveway It is the declared purpose of this article that nonconforming driveways be I discontinued and that driveways be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming driveways. Any driveway access which does not conform to the provisions of this I article but legally existed as a conforming driveway prior to the adoption of this article shall be permitted to continue as a NONCONFORMING ACCESS DRIVEWAY. Such NONCONFORMING ACCESS DRIVEWAY may be continued until: 1. A change of use, or an increase in intensity of use, occurs such that this article requires an additional five (5) parking spaces or a ten percent (1O%) increase in parking spaces, whichever is greater; or the addition of a use which requires stacking required by this article occurs. This provision shall be cumulative for any site from the effective date of this article. 2. A significant rehabilitation of a structure is requested which amounts to forty percent (40%) of the floor area or forty percent (40%) of the appraised value. 3. A modification is made to any existing access on site. , 5 - 10 I II II In the event any of the above criteria is met, the driveway shall be considered illegal and the City Engineer may require driveway access to meet the requirements of this article. No certificate of occupancy shall be issued on property containing an illegal I access driveway required to be discontinued under this section, unless and until all applicable standards contained in this ordinance are met. IISection 5-407. Appeal Decisions of the City Engineer regulating the provisions contained herein II may be appealed to the Board of Adjustment within ten (10) days of the date of the decision. II The Board of Adjustment may vary the provisions of this article where physical impossibility prevents compliance. "Physical impossibility" means that the property owner cannot meet the standards of the article to achieve II one (1) point of access to a public street and a mutual access easement is impractical. impossibility. Financial hardship shall not constitute physical II The Board of Adjustment may hear an appeal of the City Engineer's interpretation of the provisions of this article. If the board determines that the City's Engineer's interpretation is correct, no variance may be IIpermitted. Decisions of the Board of Adjustment may be appealed to District Court within ten (10) days of the date of the decision. Appeal shall be by IIwrit of certiorari. II II Revised: 10/26/93 11/08/93 02/24/94 II II1j1\udc\article5.doc II II II II 5 - 11 II 1 I 1 , 1 MIME 6 - SIGNS MD STREETGRAPHICS REGULATBMS 1IISection 6-100. Purpose and Intent. The purpose of this section is to create a comprehensive, balanced system of street graphics and signs in order to facilitate qafe, easy and aesthetically II pleasing communication between the public and their environment. With this ! purpose in mind, it is the intention of these regulations to authorize the use 11 of street graphics and signs which are compatible with their surroundins, II 1 appropriate to the type of activity to which they pertain, expressive of the ! identity of individual proprietors or of the community as a whole, and legible i in the environment in which they are seen. Specific objectives are: II i (1) identify business, residential and public ULTZ without creating confusion, unsightliness or visual obscurity of adjacent properties; II i . , 1 (2) make all signs more visible and effective by eliminating the redundancy, 1 clutter and chaotic effect that an overabundance of signs have on the IIenvironment; ! (3) preserve and enhance the City's quality of life; 1 (4) preserve and enhance the attractiveness of the community because II 1 , businesses, industries and residents are attracted or repelled by a , community's appearance; and II ! (5) preserve and enhance the City's own unique set of visual aesthetics which ' will atlidct more tourists to the area because of the variety, order and j uniqueness offered within the community. II i Section 6-200. Applicability. All signs within the city limits of Euless shall be subject to the following II regulations. The provisions herein contained are applicable to location, 1 1 size, use, number and placement of signs and shall otherwise be considered supplementary to the City of Euless codes and ordinances pertaining to the II erection, maintenance and operation of signs in the City, except where the provisions contained herein are in direct conflict with the provisions of such codes and such ordinances, in which event, conflicting provisions of such II codes and ordinances are hereby repealed. Section 6-300. Definitions and Sign Classifications. II ° The following words and phrases contained in this section shall apply with respect to this code ordinance. II(1) Definition of Sign - See Article 1 - Sign. , i (2) Off Premise Sign - A sign which advises the general public of goods and II i services available at a remote location from the parcel where the sign is located. II II6 - 1 I . I ' (3) On Premise Sign - A sign which advises the general public of goods and services available on the lot where the sign is located. (4) Permanent Sign - A sign which is intended to last for an indefinite ' period of time and is structurally affixed to a foundation or building. (5) Jadway Type - Roadway types shall be defined as per the latest adopted ' thoroughfare plan of the City of Euless and are specifically listed here. Thoroughfares are divided up into the following: ' (a) Freeways: shall include those roadways which are classified as federally aided primary highways. These are mare specifically described as S.H. 183, S.H. 121 and S.H. 360. ' (b) Major Arterials: shall include those roadways whose primary function is to carry multi-jurisdictional traffic and, for the purpose of this ordinance, are hereby specifically limited to S.H. ' 10, FM 157, and Mid-Cities Blvd. (c) Minor Arterials: shall include Glade Road, Harwood Road, West ' Pipeline, Raider Drive, Westpark Way, and Main Street. (d) Collector and Local Roadways: shall be considered all other roads not specifically named herein. ' (6) Setbacks - Shall be calculated in all cases to property lines, except as otherwise provided herein. (a) Setback of Sign (Front) - The distance a sign must set back from any street right of way line. ' (b) Setback of Sign (Side) - The distance a sign must set back from the side property lines except for lots having more than one frontage, in which case the side setback shall apply to the property lines _ running most parallel to the sign face. (7) Sign Area. Calculation of - The area of a sign shall be computed by ' drawing a line or lines around the sign in such a way as to form not more than four (4) regular geometric figures such as a triangle, circle, rectangle, or trapezoid. The sum square footage of these figures shall be considered as the total area of the sign face. A sign face may be single sided or double sided, as with a typical pole sign; however, to calculate the area of a multi-sided sign, the sum of all sides of the sign shall not exceed twice the area specified for the sign face. ' (8) Sign Face - The actual surface upon which the message of a sign is dis- played. In the case of wall, fence or facade mounted signs, the area contained within the outermost limits of the letters, logos, numbers, ' insignias, etc. , shall be considered the sign face. accept for wall signs that use the wall as its sole background, only those sign faces defined below shall be deemed in compliance with this ordinance: ' 6 - 2 , II i I i I (a) Billboard Sign: any sign whose message may be Changed by painting II ! on or posting a bill upon the sign's face. (b) Changeable Reader Board: any sign with strips or devices attached to the face of the sign to hold readily moveable letters and II numbers. ' ! (c) Electronic Message Center: any sign that has the ability to - I electronically change the messages that they display. i (d) Preformed Sign Faces: any sign that is fabricated at another site , whose message is not designed to change. Such signs include, but II i are not limited to, plastic or fabric signs that may be supported by a frame and may be illuminated franwithin. I (9) Sign FUnction - The purpose the sign serves. Sign functions consist of li 1 the following: II i(a) Advertising Sign: any sign advertising any goods or services II offered remotely from the site where the sign is located. (b) Announcement Sign: any temporary sign which announces a character or description of proposed buildings or use (i.e., coming soon... , future site of. ., (etc.). I I 1 (c) Construction Sign: any temporary sign that describe the contrac- tor(s), architect(s), lending institution, etc., responsible for the 1 on-site construction currently in progress. I i (d) Development Sign: any temporary sign that promotes new developments or additions. 1 i(e) General Business Sign: any sign or graphic devices that advises the II general public of goods and services offered on the premises. (f) Institutional Sign: any sign used for the purpose of identifying II school, church, hospital, or similar public or guasipUblic institu- tion. 1 (g) Parkway Sign: any temporary off-site sign located within the public II right-of-way. (h) Real Estate Sign: any temporary sign offering to sell, lease, or II rent individual dwellings, real property, or lease spaces other than those for self storage facilities which are defined by General I Business Signs. (i) Business Center Directory Sign: any sign that conveys the name of the business center, and the tenants that occupy the center. II 1 II 6 - 3 It (j) Special Event Sign: any non-rigid temporary sign for special events or business grand openings. (k) Subdivision Entry Sign: any sign that identify the entrance of various subdivisions and developments within the City. (10) Structural Types - The method by which the sign face is to be supported. Structural types consist of the following: (a) Banner Signs: signs intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamenta- tion applied to paper, plastic or fiber of any kind. National flags, flags of political subdivisions, symbolic flags of any institution or business shall not be considered banners for the ' purpose of this ordinance. (b) Ground Signs: signs supported by poles or supports in or upon the ' ground, independent of support from any building and having less than seven feet (7') from the bottom of the sign face to the ground. (c) Pole Signs: signs supported by poles or supports in or upon the ground, independent of support from any building, and maintaining a minimum distance of seven feet (7') from the bottom of the sign face to the ground. ' (d) Portable Signs: ridged signs constructed off the site and not permanently affixed or attached to the ground or to the permanent ' building or structure and shall include any sign originally designed to be easily moved from place to place whether rigidly attached to the ground or permanent structure. ' (e) Vehicle Signs: signs mounted on a vehicle, including trailers, normally licensed by the State of Texas. ' (f) Wall Signs: signs erected flat against any wall, supported by the wall, having the sign face parallel to and not more than 12" from the wall surface in any direction. Neon tubing attached directly to a wall surface shall be considered a "wall sign". (11) Temporary Sign - A sign which is not structurally affixed to a foundation or building. ' (12) Zoning District - The primary use of the zoning district where the sign may be located. ' Section 6-400. Permissible Signs. Except as specified by Section 4-700 herein, it shall be a violation of this ' code to erect, place, or locate any sign that serves any function other than those specified herein, and then only when in compliance with the zoning dis- trict, qualifications, maximum area, maximum height, minimum setbacks, maximum Inumber of signs, minimums sign separation, permit and other requirements speci- fied herein. ' 6 - 4 1 i Section 6-401. n r it tri-Tr®ise Signs. The following standards shall apply to permanent on-premise signs located at a site where the sign directs attention to. (1) Wall Signs: Wall signs may be erected on any building not zoned or used for single family or single family attached dwelling purposes. Such signs may serve the same function as on-premise pole or ground signs specified herein. Wall signs shall not exceed twenty percent (20%) of the wall elevation nor shall they extend above the roof line or parapet line of the building on which it is located. Any number of wall signs may be permitted per building, however, the sum of the areas of the wall signs on each wall elevation shall not exceed twenty percent (20%) of the wall elevation. Fbr the purpose of this code, pitched or mansard roofs shall not be used in calculation of wall elevation. ' (2) Roof Signs: Roof signs may be erected on nonresidential buildings in commercial or industrial zoning districts having pitched roofs provided the top of the roof sign extends no higher than the roof peak. Roof signs erected on mansard roofs shall not extend above the mansard. The maximum sign area for roof signs shall be limited to fifteen percent (15%) of the exterior wall elevation over which the roof sign is oriented. (3) projection Signs: Projection signs may be erected on nonresidential buildings in commercial or industrial zoning districts provided no portion of the sign extends over any property line nor extends over the required building line more than twenty-five percent (25%) of the minimim, building setback requirement for that zoning district. TheII 1 maximum area for any projection of sign shall be limited to fifty square feet (50 sq. ft.) per sign face and that no pole or ground sign is or shall be located on the property. No projection sign shall extend above the top plate line nor be less than seven feet (7') from the bottom of the sign to the ground. (4) Pole / Ground Signs: ' (See Table 6-A next page) (5) Pole / Ground Signs Along Freeways: (See Table 6-B next page) la 1 ; 6 - 5 t I TABLE 6-A PERMANENT ON-PREMISE POLE/GROUND SIGNS The following standards are applicable to permanent, on-premise pole & ground signs, I The applicable maximum area and height shall be determined by the classification of the street(s) the property fronts on. I STREET CLASSIFICATION LOCAL& :::MINOR . :..MAJOR ' . COLLECTORS '"AFl;TER1ALS " ARTERIALS� ,' ZONING -.QUALIA FRONT : SIDE i SIGNS MMI4UM MAMMAS iiiMMUL, MAXIMUM wtawtal MAMBAS :.:. iIGN FUNCTION ..:. DIS'If1ICI.CATIONS: sEitlAgc 96'i&4C2c ALLOWED AREA HEIGHT AREA; HEIGHT. AREA HEIGHT .::........ lawfully 1 per APARTMENT/CONDOMINIUM SINGLE—existing non— 5 ft. 15%of sheet 20 sq,ft, 4 ft. 20 sq,ft 4 ft.. :' 20 sq.ft. 4 ft. ' IDENTIFICATION SIGN FAMILY conforming lot width front ,,...:a:::.s.. I I.E.;signs that identity use , the name,owner or other MULTI— NONE 1 per 200' iY, identifying characteristics FAMILY of street a; I about any residential lawfully 5 ft. 10%of frontage or 20 sq.ft. 8 R. 40 sq.tft. 8 ft 100 sq.ft. 15 ft complex developed under a COMM. existing non— lot width portion of unified plan, conforming use 7 IGENERAL BUSINESS SIGNS 1 per 200' of street LE;signs advising the COMM, NONE 5 ft. 10%of frontage or 50 sq,ft. 15 ft 100 sq.ft, 20 ft 150 sq.ft. 30 ft. I public of goods and services &IND. lot width portion of offered on the premises. I BUSINESS CENTER DIRECTORY SIGNS must 20 sf per25 sf par f 30 of pet contain 1 per tenant up tenant up - nant up . .E.;signs that convey the COMM. mora than 10ft. 15%of street to 280of t5 ft. to 325 sf 20 ftto 450sf 30ft II name of the business center. &the tenants that occupy &#ND. 4 separate lot width frontage inclusive of shop inclusive inclusive leaseof shop of shop the center. spaces ct.ID ct,ID ct.ID 1 INSTITUTIONAL SIGNS 1 per 200' I I.E.,signs that identify ALL NONE 10 ft. 15%of of street 50 eq.ft. 15 ft. 100 sq.ft. 20 ft. 50 sq.ft. 30 ft. schools,churches,hospitals, lot width frontage or or other similar public or portion of >, semi—public Institutions. Imust TWO per SUBDIVISION SINGLE— contain 5 10 ft. none entry(1 30 sq.ft. 8 ft. 40 sq.ft. 8 ft. 50 sq.ft. 8 ft. ENTRY SIGNS FAMILY or more per side of I acres of street) t.E,;signs that identify land or TWO per 20 sq.ft. 30 eq.ft. 40 sq.ft. various subdivisions and COMM 20 or more 10 ft. none entry(1 per gross 8 ft. per gross 8 ft. per gross 15 ft. .: developments within the City. &IND, platted per side of platted platted platted { lots — r street) acre acre y acre 4. 1 6 - 6 , , 1 I I 1 I , .,- i • I 4. TABLE 6-B PERMANENT ON-PREMISE POLE/GROUND SIGNS ON STATE HIGHWAYS The following standards are applicable to permanent, on-premise pole & .., ground signs located along freeways and freeway frontage roads. ,.- I 1 • I :.]:::::!.::ii.;:;::::::.,: :]:-:.:,,,..:.:•::.::.:.:i: i:ii...;.::.:.--:-:.:::.:;..-; :'.:.i:::ii,. . :::..-..;::-?:::.:i„*„i.::.:::i] ;:::i.::::.:i::,..:-. .....::::-..:.-::.::::..:.:...i,,:::.„...:.:,*.::.::.::::::„:-:-7-::...:..*: ::::::::::.,1.:::::i:i::i::::i:i::::i.:..,,,;..:--..;:::f*;.,. :--,:::':.'i:.':,::::.:?.:.*i.i,:i:i:T 1 K.,,,:ii:::ni•:SIGN-FUNGIMM1':i.:..................-ZONING. ,:4in!:j:i ::i.::;•i.;,i:, ii.iii:,:•i; -MAXIMUM. MAXIMUM.'.01ONT.-..'''''1310E.::.: :- ...........,..-z.,..,,,,-,....,,.....i,... ., ____ na I . iniiiiimii:::,:iiiiii:Eii:iiiiiiiniii•:i:i::,,i,i,:i :iiwg:.yib;tiCiiii.101GOOtis..:411E4.:;:i;.:44EIWIT:',:i:.0471tAcK..SETBACI .APERMITTED- 1:, ,.,,••,-,,........ .. ... ... . .. . . ............... ............... ......... ........................ ........ ........ . ... . :MiWiiZi,:i:;i;:ni=g::ii:ii: ::::::iii-::.ii.;•.:i:::•..:::,:•::im:::::•i.:::.:. .-,:.,,-,:?:,,ii:ii,iiiii:i:i,-.,•••i.:::.i:.:.:.:.::.:.:•:i:i]:::•:;m:::::i::.:::.i.::::::-..:::: ::,:.--,i,i:i•.: ,:::•i,•?::: :::ii:•,:.:..•:ii::i:ip::,::::::::.:,..,:i:iimmi..i:::iii:.,:;:i,,::,i.ii:i:.,-.::.:. APARTMENT/CONDOMINIUM SINGLE- legally existing 20 sq.ft. 4 ft. 5 ft. 15%of 1 per street front IDENTIFICATION SIGN FAMILY non-conforming lot width i use I.E;signs that identify the 1 name,owner or other MULTI- NONE I i 1 Identifying characteristics FAMILY -,L i about any residential complex 150 sq.ft. 20 ft. 5 ft. 10%of 1 per 200'of i developed under a unified plan. COMM. legally existing lot width street frontage non-conforming or portion of use I I li GENERAL BUSINESS SIGNS 1 per 200'of 1 NONE 250 sq.ft. 50 ft. 6 ft. 16%of street frontage I 1 I.E.;signs that advises the lot width or portion of general public of goods and COMM. services offered on the premises. &IND. hotels/motels, I 1 retail fuel sales, • &restaurants 300 sq.ft. 60 ft. 51. 15%of ONE within 300 feet of lot width freeway R.O.W. I I BUSINESS CENTER DIRECTORY SIGNS must 40 sf per I.E.;signs that convey the COMM. contain more tenant up to than 4 600 sf 40 ft. 10 ft. 15%of ONE per name of the business center,& &IND. separate inclusive of lot width street frontage I 1 the tenants that occupy the lease spaces shop ct.ID 1 center. 1 I INSTITUTIONAL SIGNS I I.E.;signs that identify schools, ALL NONE 250 sq.ft. 50 ft. 5 ft. 15%of 1 per 200of churches,hospitals,or other lot width street frontage similar public or semi-public or portion of 1 i Institutions. i I SUBDIVISION SINGLE- must contain 5 50 sq.ft. 8 ft. 10 ft. NONE Two per entry I ENTRY SIGNS FAMILY or more acres (one per side 1, of land et street) I.E.;signs that identify various or . . i subdivisions and developments COMM. 20 or more 50 sq.ft. 30 feet 10 ft. NONE TWO per entry I 1 within the City. &IND. platted lots per gross (one per side platted acre ot street) -.1 1 . 6 - 7 Section 6-402. Permanent. Off-Premises Signs. The following standards are applicable to permanent off-premise advertising signs or billboards which promote or advertise commodities or services not limited to being offered on the premises where such sign is located. Off- premise signs shall be permissible as a permanent sign provided all of the following requirements have been met: (1) The subject property is zoned Limited Industrial (I1), Light Industrial (I-1) or Heavy Industrial (I-2) as per the current zoning ordinance of the City of Euless. (2) Maximum area of the advertising sign does not exceed 1,000 square feet per sign face. (3) Maximum height of the sign does not exceed thirty-five feet (35') in height. (4) The sign is set back from all property lines a minimum of twenty-five feet (25'). (5) The sign is located no closer than two hundred fifty feet (250'), measured parallel with the street right-of-way, from any other off-premise advertising sign whether existing or a permit for such sign has been authorized. (6) The sign is located a minimum of two hundred fifty feet (250') from any property used for residential purposes or zoned,for residential usage. (7) The property is not located within 3,000 feet of S.H. 183, S.H. 121, or S.H. 360. (8) A current annual use permit has been issued. (9) None of the prohibitive characteristics contained within this section are violated. Section 6-403. Temporary Cn-Premises Signs. In addition to the permissible permanent signs authorized herein, the following temporary on-premise signs are permitted. (1) Pole / Ground Signs: • (See Table 6-C next page) (2) Special Event Signs: Upon approval of a special event sign permit, a non-rigid temporary sign such as a halloon or other inflatables, may be displayed to alert the public of business grand openings, special sales, or events and the like. Special event signs shall not be located or 6 - 8 1 I 1 I i . TABLE 6-C TEMPORARY ON-PREMISE POLE/GROUND SIGNS i 1 The following standards are applicable to temporary, on-premise pole & ground s signs located on all streets. Such signs shall be valid only for the duration 1 specified herein or upon expiration of the annual permit. I i :;: .: N WNCTK)N ;><: : .ZONiNCi. ::>:;::::;>:':::>':><::::;,:>: : :a><;»>::::.:.: .;:.:;>::>:;:i.MAX111AUM IIAIWMUM FRONT';;::::;SIDE;:::;;>; >'. ;#ffiGIVS::::: : 5161 :. . . ..... ...:.:,.::- . :.. i»'sa'3URATNJIi.;.'<;<;AREA:; :� HT SElBA�CK SETBACK:;_:. :P YtITE" ►'.::::. .� :'<::<'ii :.;:iia'<'`> ; ; :<::?,:<.>::>:::L1tSTi"iICT'. :4UAJ,.1 ►'E'iCi�NB:: ... developed land 1 per 200'of greater than 18 sq.ft. 8 ft. NONE 10% street frontage or I 2 acres LOT WIDTH portion of REAL ESTATE SIGNS SINGLE- all TEMPORARY FAMILY undeveloped removal upon 1 per 200'of I.E.,signs offering the land expiration of 32 eq.ft. 1011. NONE 10% street frontage or i sale,lease or rent of annual permit or LOT WIDTH portion of individual dwelling units, within 7 days real property,or lease of sale or I space,other than self- MULTI- vacant land rental of 1 per 200'of storage facilities. FAMILY, or property 40 sq.ft. 15 ft. NONE 10% street frontage or I Self-storage facilities see COMM. single tenant LOT WIDTH portion of general business signs. &IND. buildings TEMPORARY ' ► COMM. multi-tenate removal upon &IND. buildings expiration of 1 per 200'of (shopping annual permit or 32 sq.ft. '10 ft. NONE 10% street frontage or et's.,office within 7 days LOT WIDTH portion of buildings,etc) from becoming 85%occupied s I I TEMPORARY ' f, ANNOUNCEMENT SIGNS removal upon I. property expiration of 1 sign per 10 I.E.,sign announcing the MULTI- platted for annual permit or 32 sq.ft. 15 ft. 5 ft. 10% gross acres or character or description of FAMILY, development within 7 days of LOT WIDTH portion thereof ff proposed building(s) COMM. completion of (I.e.,coming soon..., &IND. construction or future site of...,etc.) upon the granting I of a develop- ment sign TEMPORARY DEVELOPMENT removal upon 111 SINGLE& currently expiration of 1 sign per 10 I.E.,signs that promotes MULTI- under annual permit or 200 sq.ft. 20 ft. 10 ft. 10 ft. gross acres or i new developments for sale FAMILY construction within 7 days portion thereof i lease within an Addition from becoming ' f 85%occupied , CONSTRUCTION SIGNS SINGLE- TEMPORARY 12 sq.ft. 8 ft. 10 ft. NONE 1 per 200'of FAMILY currently removal upon +street frontage or I.E., sign describing the under expiration of portion of contractor(s),architect(s), construction annual permit or lending institution,etc., MULTI- within 7 days of 1 per 200'of responsible for the on-site FAMILY, completion of 32 sq.ft. 15 ft. 10 ft. NONE street frontage or I construction in progress. COMM. construction portion of 3 IND. . 6 — 9 ' i I ' displayed to interfere with the movement or sight visibility of pedestrian or vehicle traffic and shall be made of safe material and erected and displayed in a safe manner. ' No special event sign shall be erected, placed or displayed for a period greater than 21 days or without first obtaining a permit for same. No more than two special event signs shall be displayed for any one ' business during any calendar year. Applications for special event signs shall consist of an application fee, as established by the City of Euless fee ordinance, and depict the nature, size, shape, content, height, type ' of material and location of such requested sign. (3) Signage of Temporary Uses: Uses that have been approved on a temporary basis by City Council may erect a sign that conforms the Special Event Signs requirements stated herein. Permits issued for a Special Event Sign in conjunction with a temporary use shall be valid only for the duration that such temporary use has been authorized. ' Section 6-404. Temporary Off-Prise Signs. An unlimited number of off-site parkway signs may be erected provided that all ' the following requirements have been met. Any parkway sign placed or located in violation of this ordinance shall be subject to all the penalties for violation stated herein and may be subject to immediate removal. Upon ' abatement of any parkway sign by the City, the City shall make reasonable and timely effort to notify the sign owner of such action. Signs abated by the City may be claimed up to 14 calendar days from date of abatement. The city ' manager may establish an adminisLLation fee to recover the costs incurred for removal of signs in violation of this code and the notification of the sign owner of such action. Such administrative fee shall not exceed five dollars ($5.00) for each sign claimed. Parkway Sign Requirements: ements: (1) A permit is to be obtained from the building official in advance of erecting any parkway sign. (2) No such sign shall be permitted from 12:00 noon on Monday until 12:00 ' noon on the following Friday. (3) No such sign shall be placed in front of any improved property without written consent of the occupant and owner of such property, or in front of any public park or municipal building unless authorized by the city manager. ' (4) No such sign shall be located: (a) within the median of any public right-of-way; (b) nearer than five feet to the edge of pavement or back of curb, whichever is greater; (c) nearer than twenty feet (20') to the ' intersection of two intersecting streets as measured from the end of the curb return; or (d) so as to block or obscure the vision of any traffic or safety sign or signal. ' 6 - 10 1 i II - I 1 i II 1 4 4 (5) No more than one such sign for each person or camimy displaying the same 1 relative information shall be permitted along any one block or within II i five hundred feet (500') from another, whichever is less. 1 i (6) No such sign shall exceed three feet (3') in height or three feet (3') in II i 5 area. I (7) All such signs shall be made of durable weatherproof material. I I A 4 (8) No such sign shall be placed, erected or maintained unless the 1 responsible party shall have executed an instrument agreed/ t° indemnify 1 and hold harmless the City from any and all liability, directly or II I indirectly occurring from the erection, placement, maintenance, removal or failure to remove such signs pursuant to the provisions to this i ordinance. II 1 Section 6-405. Permissible Signs Nct. Requiring Permits. 1 The following signs shall not require a sign permit. These exceptions shall II 1 ! not be construed as relieving the owner of the sign from the responsibilities i of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or code regarding the same. • II (1) Name Sign: sign having an area of not more than two square feet (2 sq. ft.), the message of which is limited to conveying the address and/or • name of the premises, and/or owner, and/or occupant of the premises. , 1 (2) Warning Sign: sign having an area of not more than six (6) square feet nor height greater than six (6) feet, the message of which is limited to 11 i I 1 warning of danger or prohibitions or regulations of the use of the property or traffic parking thereon. 1 II ' 1 (3) Beal Estate Sign: on-premise signs having an area of not more than six (6) square feet and not more than six (6) feet in height, advertising the - premises for sale or rent and providing for their removal upon the sale or rental of the premises. I ' . (4) Open House Sign: on-premise signs advertising the display of an open house or unlocked unit for sale, lease or rent. II (5) Holiday Decorations: signs or materials displayed in a temporary manner on or prior to traditional, civic, patriotic or religious holidays. II (6) Vehicle Sign: sign located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which are traveling or lawfully parked upon public roadways or lawfully parkaiupon I 1 li 1 any other premises for a period not to exceed four hours or for a longer period where the primary purpose of such parking is not the display of any sign. II II 6 - 11 II ' ' (7) C angeable Copy: the changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board such as a theater marquee, electronic reader ' board or similar signs specifically designed for use of replaceable copy. (8) Window Sign: sign painted on or located inside an enclosed building and visible through a windw or windows thereof. (9) political Sign: sign advocating a candidate for public office or a position on an issue to be determined at an upcoming scheduled election ' provided same are removed within seven calendar days after the election and are not located on public properties except in accordance with Section 6-404 herein. ' (10) Internal Sign: sign visible only from the premises on which located or visible off the premises only through a window or windows from which they are set back at least ten feet (10'). ' (11) Certain On-Premise Banner Sign: banner sign placed on buildings that comply with the requirements of wall or parapet standards; Banner Signs placed on sign supports that comply with the standards for pole/ground signs. (12) Governmental Sign: sign posted by duly constituted governmental authorities in pursuance of their public duties. (13) Memorial Sign: markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. (14) Gasol' e Price: gasoline price or credit card sign permanently affixed to pump islands or canopy not exceeding twelve square feet (12 sq. ft.) ' in area. (15) Search Lights: search lights used to draw attention to a special event ' provided such lights are not located within two hundred feet (200') of a residence and do not shine into the eyes of occupants in any vehicle or into any residential window or where the illumination interferes with the readability of any traffic signal or device. (16) Garage Sale Sign: on-premise sign advising the general public of a lawfully permitted Garage Sale occurring on the premise. Such sign shall ' NOT be greater than six (6) feet in height nor exceed six (6) square feet. No more than one such sign shall be authorized per garage sale permit and then only for the duration that the permit is valid. ' Section 6-500. Prohibitive Sign Characteristics. It shall be in violation of this ordinance for any person, company or agent to ' erect, place, display or locate any sign having any of the following prohibitive characteristics: 6 - 12 1 1 1 1 1 1 4 i (1) Nation: No sign shall have any moving, swinging or animated parts or a$ IIimages, whether such movement is caused by machinery, electronics, wind ;, or otherwise. (2) Excessive Illumination: No illuminated sign shall be permitted to II produce visual discomfort for viewers on other properties or on adjacent streets. (3) Obstruction of Traffic Signal Visibility: No sign shall be located in ., II the direct line of vision of any traffic control signal from any point in "i a moving traffic lane within fifty feet (50') of such signal. (4) Obstruction of Intersection Visibility: No sign shall be located which 1 obstructs the vision or sight distance of drivers or pedestrians at any street intersection, street crossing or point of traffic concentration. I (5) Dtensions Over Public Property: No sign shall be located on, over or above any public land or right-of-way except where specifically I authorized herein. II i (6) Portable Sign: No sign except as specifically authorized by 9-404 herein shall be located, placed or displayed which is constructed off the sign II site and is not permanently affixed or attached to the ground or to a i permanent building orstructure and shall include any sign originally I designed to be moved easily from place to place, whether rigidly attached ' to the ground or permanent structure or not. 1 I (7) proximity to Power Lines: No portion of any sign shall be located closer a than 10 feet to any overhead power or service lines. 1 i 4 x (8) Unauthorized Sign: No sign shall be permitted which is not included under the types of signs permitted by this ordinance. II (9) Obscenities: No sign shall contain obscene, indecent or immoral words, pictures or other matter. II (10) Imitation Governmental Signs: No signs shall imitate governmental signs including traffic control signs and/or devices. II(11) Blocking of Public Access: No sign shall block or obstruct public access, fire escapes, traffic disability, utilities, etc. IIt (12) Signs on Utility Poles: No sign shall be placed on or attached to other signs, utility poles, fire hydrants, trees, flag poles, street lamps or other means of support of an outdoor advertising display. ' (13) Painting on Streets: No painting, marking or attachment of a sign to the street, sidewalk, building other than house numbers or occupants name or I as provided by this ordinance. II (14) Certain Real Estate Signs: No real estate sign located on lots less than 1 two acres platted for one or two family dwellings shall exceed six (6) II4 square feet or six (6) feet in height. T J II 1 6 - 13 1 ' Section 6-600. Permits. Except as herein provided, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the building official. ' Section 6-601. Permit 'Deamination. ' A permit issued for any sign and its supporting structure shall automatically terminate after the use for which the sign directs attention is discontinued for a period of 180 days or longer. Additionally, an annual permit shall automatically terminate and be deemed void on the first of January of each ' year. A permit issued for any sign including its supporting stele, shall automatically terminate in the event the sign shall fail and not be corrected within 180 days. Upon cessation of the permit for any sign, such sign and its ' supporting structure shall thereafter constitute a anon-permitted structure and shall be subject to removal pursuant to the provisions of the building code and the owner thereof or occupant of the premises upon which the sign is ' situated shall be subject to fine and/or penalty as provided pursuant to the provisions of this code and the building codes of the City of Eiless. Section 6-602. A ?�;rn Fbr Permit. Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location by street ' and address number of the proposed sign structure, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The building official may require the filing of plans or other pertinent information which, in his opinion, such information is ' necessary to insure compliance with this code. Standard plans may be filed with the building official. ' Section 6-603. F . A sign permit fee and a plan checking fee shall be paid to the City of Euless ' in accordance with the most current fee schedule adopted by the City of Euless. Section 6-604. Maintenance. ' All signs and supporting structures, together with all their supports, braces, guys and anchors, shall be kept in repair and proper state of preservation. ' The display surface of all signs shall be kept neatly painted or posted at all times. ' Section 6-605. Inspections. (1) All signs for which a permit is required shall be subject to inspection by the building official. ' (2) Footing inspections may be required by the building official for all signs having footings. 6 - 14 1 (3) All signs containingelectrical wiring ng shall be subject to the provisions of the governing electrical code, and electrical components shall bear the label of an approved testing agency. (4) The building official may order the removal of any sign that is not main- tained in accordance with this ordinance. (5) All signs may be reinspected at the discretion of the building official. Section 6-700. Nonconforming uses/Signs and Sign Variances. It is the declared purpose of this section that nonconforming signs and signs directing attention to nonconforming uses, eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. Any sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign. Any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the schedule of on-premise signs contained in Section 9-400 herein and other applicable sections of this ordinance regardless of the zoning district in which the use the sign serves is located. Section 6-701. Use of lawfully Ewing NonconformingSigns. • Any permanent nonconforming sign that was lawfully erected and operated prior to the effective date of this ordinance may be used and maintained.exactly as such existed upon the effective date of this ordinance. No lawfully existing nonconforming sign shall: (1) be changed to another nonconforming sign except as provided for by Section 9-702 or 6-703 of this ordinance; (2) have any changes made in the wards or symbols used or the message IIdisplayed on the sign unless the sign is specifically designed for periodic change of messages such as a changeable reader board or electronic message center or billboard; (3) be structurally altered so as to prolong the life of the sign or change the shape, size, type or design of the sign; (4) be reestablished after the activity, business, or usage to which it relates has been discontinued aver a period of 180 days or longer; (5) be reestablished after damage or destruction of said sign if the estimated expense of reconstruction exceeds fifty percent (50%) of the reproduction cost. I � Ig II II 6 - 15 • II II IISection 6-702. Variances Tb The Sign Standards. The Board of Adjustment may grant variances from the requirements of Section 6,400, herein upon application and finding that the granting of the variance II will reduce the degree of nonconformity of an existing sign or will result in the removal of one or more lawfully existing nonconforming signs and replacement by sign or signs more in keeping with the spirit, purpose and II provisions of this ordinance. Should: the Board of Adjustment grant a variance which permits the erection or maintenance of a nonconforming sign, said sign shall be deemed a lawfully existing nonconforming sign and shall be subject to the requirements for same stab:Bathe:rein. IISection 6-800. Special Sigmsgefol.uywolnk. II To avoid unnecessary hardship in the strict application of Section 9-400 and to allow for flexibility in design and to provide for creative and unique signage, the City Council may grant a Special Signage Pram that contains II differing standards from the requirements of Section 9-400. The City Council may grant a Special Signage Program upon application and finding that the literal enforcement thereof would result in an unnecessary hardship in the permitted signage for a development or group of developments and that the II differing standards are necessary because such development or group of developments differs from other developments within the city due to its plan of development, location, area, shape or slope such that its signage cannot be II permitted hereunder in a manner commensurate with other developments within the city. A Special Signage Program shall not be granted to relieve a self-created or personal hardship, nor for financial reasons only. Any such Special Signage Program shall comply with the intent of this section and shall II be granted only where same shall have the effect of enhancing the quality of life and unique character of the community. Any Special Signage Program shall not be granted except by a three-fourths (3/4) vote of the members of the City IICouncil of the City of EUless. Section 6-801. Special Signage Etvytdm Applications. IISpecial signage program application shall include all drawings, descriptions, and details necessary to describe the proposal and the specifics of the standard that differ from Section 6-400 requested, together with a properly II completed application form supplied by the City, payment of the application fee for such variance as established by the Euless Schedule of Fbcs, and a ,. certificate stating that all city and school taxes have been paid current to II date for all properties involved in the development or group of developments for which such special signage variance is requested. , IISection 6-802. Special Signage PiLoyLdni Permits. Upon grant of a special signage program, all appropriate permits for such signage shall be obtained from the building official within one hundred eighty II (180) days, unless such time limit is extended by the City Council by a three- II • II 6 - 16 I, _ . , fourths (3/4) vote of the members thereof. Failure to obtain the necessary permits for such special signage program within the time period herein speci- fied shall automatically terminate the grant of such program. In the event any sign or signs erected in conformity with special signage program consist of standards that differ from those established by this Article, such signs(s) I shall be considered lawfully existing non-conforming signs and shall be subject to the requirements stated within this Article for same. Revised 08/11/93 10/18/93 ljl\udc\article.6 • 1 • 1 • 1 • 6 - 17 111 ARTICLE 7 LANDSCAPING, FENCES, MALLS, SCREENING & OUIVOCR MIRAGE Rexuastas Section 7-100 Purpose and Intent. ' The purpose and intent of this Section is as follows: (1) Stabilizing i zi ng ]apo]ogj cal Balance: TO aid in stabilizing the envir i nt's ecological balance by contributing to the processes of air purification, ' oxygen regeneration, ground water recharge, and stoma water runoff retardation, while at the same time aiding in noise, glare and heat abatement; ' (2) detention of Native Vegetation: To ensure that the local stock of native trees and vegetation is retained and replenished. ' (3) kdegLight and Air: TO assist in providing adequate light and air and in preventing overcrowding of land; ' (4) Visual Buffering: TO provide visual buffering and enhance the beauti- fication of the City; I'I I (5) Dihanoemett of Pr+opet ty Values: TO safeguard and enhance property values and to protect public and private investment; (6) Base: TO preserve and protect the unique identity and envi- ronment nvi- rorm nt of the City and to preserve the economic base attracted to the City by such factors; ' (7) Oor vation• TO conserve energy; and (8) Protectim: TO protect the public health, safety and general welfare. Section 7-200 Landsospingitequirenents. This section specifies the standards for the treatment of open space in a ' manner so as to promote safety, preserve property value, promote the general welfare of the City, and to enhance the aesthetic quality of the comity. Section 7-201 Applimkality. Except as otherwise provided below, these regulations shall apply to all land ' within the City. Such landscaping standards shall become applicable at such times as an application for a Building Permit is made. These requirements remain with any subsequent owner. ' (1) Hoemptions: These requirements shall not apply to Building Permits for the following: ' (a) Land in Planned Development districts having a specificily approved landscape plan; ' 7 - 1 1 I f I I (b) Substantial restoration within a period of twelve (12) months for a building which has been damaged by fire, explosion, flood, tornado, riot or calamity of any kind; (c) Remodeling as long as the front and side exterior walls of the building remain in the same position. ' (2) Prim AWrovals: Where a specific landscape plan has been approved prior to the effective date of this Ordinance, the landscaping requirements of the City in effect at the time of such approval shall apply. I g Section 7-202 raccar ing Standards for One and no Family Dwellings. II 1 All one and two family dwellings shall have installed not less than fourteen (14) locally adapted shrubs and two (2) two inch (2") caliper locally adapt- able large trees. Such required landscaping shall be located within the front II yard and be in a thriving condition at time of final inspection of the main structure. Section 7-203 Landscaping Standards far Other Than One or Mop Family I Dwellings. it s. (1) Area Required: On all lots, not less than fifteen percent (15%) of the r area of the street yard shall be landscaped area. All of the required II landscaped area shall be located in the street yard and parking lots. (2) Trees Required: At least one (1) large tree of at least three (3) inches 1 1 in diameter and twelve (12) feet in initial height shall be provided as follows: (a) Street Yards Less than 10,000 sq. ft.: In street yards of less than ten thousand (10,000) square feet, one (1) tree per one thousand (1,000) square feet, or fraction thereof, of street yard; Cb) Street Yardsft.: In street _ I ( ) More than 10,000 sq. yards of more than ten thousand (10,000) square feet, ten (10) trees plus one (1) tree per two thousand (2,000) square feet, or fraction thereof, of street 1 { yard area over ten thousand (10,000) square feet; (c) Credit far Existing Trees: An existing or planted tree of at least IIsix (6) inches in diameter and at least fifteen (15) feet in height shall be considered as two (2) trees for purposes of satisfying this requirement. All newly planted trees shall be planted in permeable area of not less than three (3) feet in diameter; I 1 (d) Q:namental Trees: In lieu of one (1) large tree, two (2) small � trees (as listed on the plant list contained herein) may be used. IIf Said small trees shall be a minimum of six (6) feet in height at the i time of planting. Not more than 50% of the required large trees may be substituted by installing ornamental trees at a rate of two (2) ornamental trees to one (1) large tree. II 1 (3) ShnA bexy Required: Not less than one (1) shrub shall be required for I every 50 square feet of the area required to be landscaped. Placement of such shrubbery shall be taken into consideration as to the plant at full 7 - 2 II i t i 1 11 maturity, and be located so as not to conflict with vehicular or pedes- trian traffic visibility. (4) Ground Cover Required: Not less than 10% of the landscape shall be main- tained in groundcover. The remaining landscaped area shall be maintained in lawn grasses and mulch used around bedding plants, shrubs and trees. All groundcover areas shall be kept clear of weeds and undergrowth. ' (5) lots and Vthj nil ar tm Ate-: A mi nine m of the total area of all vehicular use areas shall �be devoted to landscaped islands, ' peninsulas or medians. (a) Street Yard Area: The minimum total area in such islands, penin- sulas and medians in the street yard shall be ninety (90) square feet for each twelve (12) parking spaces. Landscape islands, peninsulas and medians located in the street yard may be included in calculating the minimum, required landscape in the street yard. ' (b) !&n Street Yard Area: The minimum total area in such islands, peninsulas and medians in the non-street yard shall be sixty (60) ' square feet for each twelve (12) parking spaces. (C) Distribution of Islands, ) dian:n.S, and Peninsulas: The number, size, and shape of islands, peninsulas, and medians, in both street and ' non-street yards shall be at the discretion of the applicant. All required islands, peninsulas and medians shall be more or less evenly distributed throughout such parking areas, respectively; however, the distribution and location of landscaped islands, peninsulas, and medians may be adjustedto accommodate existing trees or other natural features so long as the total area require- ments for landscaped islands, peninsulas, and medians for the ' respective parking areas above is satisfied. (6) Irldis=riminate Clearing Prohibited: The existing natural landscape character (especially native oak, elm and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street yard containing a stand of trees, the applicant shall use best good faith ' efforts to preserve such trees. In determining compliance with this subsection, the Adtni_ni strator shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reason- ably related to the health, safety and welfare of the public which necessitated disturbance of the existing natural character; the nature and quality of the landscaping installed to replace it; and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation is prohibited. (7) Irrigation: All required landscaping shall be irrigated by an under- ground irrigation system approved by the Administrator. (8) Erosion Control: All impervious areas shall be maintained with groundcover and shrubbery in a manner to control erosion. t (9) Protection: All required landscaped areas which are adjacent to pavement shall be protected with concrete curbs or equivalent barriers (such as ' 7 - 3 . I i railroad ties, continuous border plants or hedgerows). II (10) Obstruction Prohibited: Landscaping shall not be located or placed to obstruct any emergency equipment such as fire hydrants and sprinkler system connections, etc., nor shall landscaping be placed in a manner to II obstruct emergency ingress/egress access to the building. Landscaping shall not obstruct views between the street and access drives or parking aisles near street yard entries and exits, nor shall any landscaping I obstruct views within the radius of any curb return. Sight Triangles i shall be provided within the property at all driveways and street inter- sections. Sight Triangles shall be 8' x 70' with the 8' leg within the property along the driveway. I (11) Jintenance: All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, I fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other II such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for tof the year. Plant material which dies shall II gason be replaced with the of similar variety and size. (12) Right-of-Way: Landowners are encouraged to landscape non-paved public- ly-craned street right-of-way abutting their land. Provided, however: ' i (a) Removal of landscaping: The City may at any time remove or require the landowner to remove any landscaping located within. any II right-of-way or public easement for the purpose of public safety, access to utilities and to perform any public improvements within said right-of-way or public easement; I 9 (b) Traffic 1 gulaticm: Such landscaping in the right-of-way shall observe established rules and regulations pertaining to traffic and pedestrian safety. II (13) Parking Lot Lighting: Landscape provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not II conflict with the lighting scheme. (14) Recommended Plants: All plants used to satisfy this ordinance shall be II of a species common or adaptable to this area of Texas. The following is a list of recommended plants within each plant material type. The j applicant may propose plants other than those listed if the plant is r appropriate for the intended use. mw (SEE N(SEE MT PAGE FR. LIST) II II 7 - 4 I I I RECOMMENDED PLANTS ILARGE TREES Ever- Common Name Botanical Name Comments green? Height Growth Water I Afghan Pine Pinus elderica Fast growing,drought tolerant No 25'-50' Rapid Mod Bald Cypress Taxodium distichum Likes wet feet, fall color No 50'+ Mod Moist Bradford Pear Pyrus calleryana 'Bradford' Shiny foliage,disease resist. No 25'-50' Mod Mod I Bur Oak Quercus macrocarpa Nice branching shade tree No 50'+ Rapid Mod Cedar Elm Ulmus crassifolia Nice for shade No 25'-50' Mod Mod Lacebark Elm Ulmus parvifolia Fast growth,disease resistant No 25'-50' Rapid Mod I Live Oak Quercus virgmiana Long lived yes 25'7-0,50' Slow Dry Pecan Carya illiaoensis Texas state tree,great for shade No Mod Moist Pistache Pistachia chinensis Fall color,rapid growth No 25' Rapid Mod I Red Oak Quercus Shumardii Red fall color excellent shade No 50'+ Rapid Mod Southern Magnolia Magnolia graaditlora Large evergreen yes 60'-70' Mod Moist I SMALL TREES Ever- Common Name Botanical Name Comments green? Height Growth Water Crape Myrtle Lagerstroemia indica Summer blooms in many colors No <25' Rapid Mod I Japanese Black Pine Pinus thunbergi Evergreen ornamental yes <25' Mod Mod Mexican Plumb P1umus mexicana Bright white flowers No <25' Mod Mod Purpleleaf Plum Prunus cerasifera Purple foliage, Flowers in spring No <25' Rapid Mod-dry ° I Redbud Cercis canadensis Pink flowers in spring No <25' Mod Mod Yaupon Holly Ilex vomitoria Very hardy,great in small areas yes <25' Rapid Mod-dry I SHRUBS Ever- Common Name Botanical Name Comments green? Height Growth Water Dwarf Burford Holly Ilex cornute 'Burfordii nana' Shiny green leaf yes 5' Mod Mod I Dwarf Chinese Holly Ilex cornute 'Rotunda' Low rounded growth, tough yes 3' Slow Mod Dwarf Yaupon Ilex vomitoria 'nana' Dense rounded growth yes 3' Slow Mod Flowering Quince Chanomeles 'Texas Scarlet' Red flower,early spring No 6' Mod Mod I Forsythia Forsythia intermedia Yellow flower in early spring No 6' Mod Mod Japanese Barberry Berbers thunbergi Thorns, red foliage yes 2'-5' Slow Mod Nandina Nandina Domestics _Red winter foliage yes 6' Rapid Mod I Pampas Grass Cordateria Selloana Fall flower yes 6' Rapid Mod Photinia Photinia Fraseri Tall, red foliage spring/fall yes 15' Rapid Mod Sea Green Juniper Juniperus Chinensis 'Sea Green' Arching growth yes 6' Mod Mod I Spiraea Spiraea prunifolia White flower, April-May No 6' Mod Mod Tam Juniper Juniperus Sabina 'Tam' Low growth,tolerates heat yes 5' Mod Dry Texas Sage Leucophyllum frutescens 'nava' Gray foliage, blooms after rain yes 6' Slow Mod-dry GROUND COVERS Ever- Common Name Botanical Name Comments green? Height Growth Water I Asian Jasmine Trachelospermun asiaticum Rapid spread yes 1.5' Rapid Mod Euonymus Coloratus Euonymus fortunei 'coloratus' Winter Color yes 1.5' Mod Mod Juniper Species Jun. horizontalis,procumbens Tolerates heat/drought yes 1.5' Slow Mod I Mondo Grass Ophiopogon.jsponicus Small dark leaves yes 8" Rapid Mod Monkey Grass Liriope muscari Hardy, blue flower yes 1.5' Rapid Mod Vinca/Pcriwinkle Vinca Minor Shade, Blue flowers No 1.5' Rapid Mod I 7 — 5 1 i I : Section 7-203 Approval Procedures. i (1) Landscape Plan Required: A landscape plan shall be required containing the following information: (a) Date, graphic scale, north arrow, title and name of applicant/owner; I F I (b) Location of existing boundary lines and dimensions of the tract; ' i (c) Approximate centerline of existing water courses; location of significant drainage features; and the location and size of existing and proposed streets, alleys, utility and emergency access easements 1 and sidewalks; (d) Location, size, and type (tree, shrub, groundcover or grass) of 1 landscaping in proposed areas and location and size of proposed landscaped areas; i (e) Location and species of existing trees having trunks of six (6) II inches or larger in diameter and the approximate size of their 1 crowns, iIIi (f) Information necessary for verifying the required minimum amount of landscaped area; (g) Plans for protecting retained existing trees from damage during I iconstruction; (h) Location and size of the proposed irrigation system. 1 (2) professional Requirement: Landscape plans for projects which incorporate over two (2) acres of lot area shall be prepared and signed by a licensed professional landscape architect. All irrigation plans shall be prepared II and signed by a licensed irrigator or other professional authorized by the state to design such systems. II 1 (3) plan Approval: Landscaping and irrigation shall be installed in accor- dance with plans approved by the A tinistrator. Should the Administrator deny a landscaping scheme for non-compliance with the requirements the I i applicant, may, within seven (7) days of the decision, appeal that decision to the Planning and Zoning Commission. The Planning and Zoning Canmission shall be the final judge as to whether the proposed landscape II 4 plans complies with the intent of these regulations. However, not less 1 than 3/4 of all the members of the Planning and Zoning Commission shall be required to overturn the decision of the AdminibiLator. 1\(4) Fee Required: An inspection fee in an amount set by Council shall be collected by the Administrator at the time of application of a Building 5 Permit. II 1 (5) Fiscal Arrangements: If, at the time of an application for a Certificate of Occupancy, required landscaping is not yet in place for seasonal II3 consideration, the applicant shall make fiscal arrangements (by bond, 1 certificate of deposit, or letter of credit) satisfactory to the City in 7 - 6 II the amount of t (2) dollars per square foot of required landscaping not yet in place to ensure that such shall be installed. Any applicant making such fiscal arrangements shall also grant to the City license to enter upon the land for the purpoccs of installing the required landscap- ing in the event that such landscaping is not installed by the applicant within nine (9) mcnths. Such fiscal arrangements shall be for a period of not less than twelve (12) mcnths. Section 7-300 ScreeningIteqdrenents. (1) Arglicability: Mese regulations shall apply to all land within the city. Such screening regulations shall become applicable upon any change of use, ownership, occupancy or at such time as a building permit is applied for except as otherwise specified by this code. (2) Types of General. Where required, screening fences and walls shall be erected to a height not less than six feet (6') and provide a visual barrier from adjacent properties and streets. Such screening shall be permanently and adequately maintained by the owner of the property on which the screening is required. Ekcept for the landscape buffer, no screening fence or wall shall have more than forty (40) square inches of openings over any one (1) square foot of fence or wall surface. Only the following types of screening shall qualify as meeting the requirements of this Cbde. (a) Landscaped Buffer: This type of screening shall consist of a land- scaped strip of not less than five feet (5') in width and shall include hedgelike shrubbery of evergreen planting material capable of obtaining a minimum height of six feet (6') within the first three years of initial planting. Such evergreen planting material shall be planted at a minimum spacing of four feet (4') on centers and be a minimum height of two and a half feet (2 1/2') at initial planting. An automatic underground drip irrigation or sprinkler system shall be provided for all required landscaped buffer screens. _ Any landscaped buffer required by this code shall be maintained in a healthy, thriving condition. (b) Screening Fence: Fencing may consist of a solid wood panel or a galvanized metal chain link fence with all-weather slats interwoven into the metal fabric. Such fencing shall be constructed on metal posts and placed in concrete footings with bracing. When a screen- !' ing fence is required, a ribbed metal panel fence or masonry wall as described below may be used. 0111; (c) Ribbed Metal Panel Fence: A ribbed metal panel fence shall be suitably finished to blend with the primary structure and shall be erected on a structurally sound metal frame set in concrete. When a ribbed metal panel fence is required, a masonry wall described below may be used. (d) 14ascnryldall: A masonry fence or wall shall be constructed with the finish side out and of any of the following materials: native stone, brick, precast concrete panels with decorative finish or 7 - 7 1 I; 1 ` decorative masonry unit. In no case shall more than 25% of the area of the wall be erected with common smooth faced masonry units. iftwor (3) Screening of Satellite Reception Dishes: All vaunted satellite television reception dishes greater than eight (8) feet in diameter and authorized herein without special use permit, wherever located, shall be visually screened on all sides by a five (5) foot wide landscaped buffer as described by Section 7-300(2)(a) (Landscape Buffer) above. (4) ming Required Between Uses and Dissimilar Districts: Screening between an incoming use and a less intensive zoning district shall be provided prior to occupancy of the incoming use. Uses not specifically listed shall canply with the screening requirements for the listed use it most closely resembles. Said screening shall comply with the following table. I (SEE NEW PAGE PCR TABLE 7-A) I I 1 1 I •t 7 - 8 I I TABLE 7-A MINIMUM SCREENING BETWEEN USES & DISTRICTS 111 I INCOMING USE I Single Single Duplex Modular Town Multi Office Ware- Manu- Family Family or Howe Family Retail house/ facnzing Detached Attached Mobile Service Storage Assembly Home I SFD SFA _ DUP MH TR MF COMM WI! MFG A R-1C None b b a&b a&b a&d a&d a&d a&d I D R-1 None b b a&b a&b a&d a&d a&d a&d J R-1L None b b a&b a&b a&d a&d a&d a&d IA R-1A None None I b b b a&b a&b a&d a&d C R-2 None None None b b a&b a&b a&d a&d EMEI None None None ' None b a&b a&b a&d a&d N R-3 None None None None None 1 b a&b a&d a&d T R-4 None None None None None None a a&c a&c I R-5 None None None None None None a a&c a&c Z C-1 None None None None None None •Nonec c I0 C-2 None None None None None None None c c N TX-10 None None None None None None None None c II LI None None None None None None None None c N I-1 None None None None None None None None None IG I-2 None None None None None None None None None I a = 5' landscape strip with 6' tall evergreen hedge [ as per section 7-300(2)(a) ] Ib = 6' high fence, wood or chain link with slats [ as per Section 7-300(2)(b) ] = 6' high ribbed metal panels [ as per Section 7-300(2)(c) ] IC d = 6' high masonry wall or fence [ as per Section 7-300(2)(d) ] I 7 .9 I t- 1 i (5) Trash Collection Areas Other than Single Family or o-family Uses: ' Trash collection Areas: No trash collection areas shall be located within the required front or street side yard or within ten feet (10') of any property zoned for residential purpoeco. Trash collection areas shall be screened from adjacent properties and streets on a minimum of three sides with a screening fence meeting the standards of Section 7-300(2)(b) (Screening Fence) above. If the trash receptacle is to be a I dumpster, located a minimum of two and a half feet (2 1/2') inside the screening fence or wall, shall be placed wheel stops or ballards on all four sides to contain the dumpster. Said wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the screened area and extend not less than twelve (12) feet in front of the screen. Said concrete pad shall be not less than six inches (6") thick and made of 3,000 psi concrete with number three rebar placed at 18" on center. Section 7-400 Open Storage and the Areas. , € (1) applicability: This sub section (Section 7-400) shall apply to all land within the City upon the effective date of the Ordinance. Planned Development, Specific Use Permits or other plans approved by City Council II specifically authorizing outside sales, storage or display shall be permitted in accordance with the provisions established at approval. (2) Residential Uses: In all residential districts, no open outside accesso- I ry storage or display of materials, commodities, or machinery shall be permitted, other than that which is incidental to the main use of the property as a residence. Incidental storage is permitted behind the main structure and provided the area devoted to storage is not more than 60% of the required rear yard. Said area shall be kept neat and clean and free of all tall grass and weeds and must be screened from all adjacent properties and streets in accordance with Section 7-300(2)(a) (Landscape Buffer) or (2)(b) (Screening Fence) of this section. No materials shall be stacked to a height greater than the visual screen. Materials shall not be stored in a manner which would attract or harbor vermin. (3) $on-residential Uses: Except as otherwise specifically authorized by these codes, all outdoor sales, storage and display areas shall be located behind building lines and shall be screened in accordance with Section 7-300 2(b) (Screening Fence) . Any outside storage or outside use area established after the effective date of this ordinance shall be screened by a fence in accordance with Section 7-300 2(b) unless the screen is visible from public street, in which case that portion of the screen visible to the street shall be masonry in accordance with Section 7-300 2(d). Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. Such gates shall not be designed to swing outward towards the street. In no case may any materials be stored higher than the screening provided. 1 7 - 10 II II IISection 7-500 Fences, Wells and Obstructions. This section specifies regulation for all free standing fences and walls within the City of EUless. These regulations are designed to promote safety, II preserve property value, promote the general welfare of the City and to enhance the aesthetic quality of the community. IISection 7-501 Applicability. Except as otherwise provided below, these regulations shall apply to all land II within the City. These standards and administrative requirements shall be for the purpose of regulating free standing walls and fences and shall become applicable as of the effective date of this code. II (1) EXemptions: These standards shall not apply to fences or walls that receive specific approval in the form of a Specific Use Permit, Planned Development or Approved Variance. These exemptions do not imply any II exception to the permitting or variance/appeals stated within this section. Section 7-502 General Requiresents/Pnahibiticris Etc Al]. Fences and Free IIStanfill; II-ells. (1) Obstruction Prohibited: No fence, screen, free standing wall or other II visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive inter- section. A visual barrier shall be deemed as any fence, wall, hedge, II• shrLibbery, etc., higher than thirty-six inches (36") above ground level at the property line, except single trcc3 having single trunks, which are pruned to a height of seven feet (7') above ground level. (For example see Appendix "An II (2) TWenty4ive Fbot (25') Visability Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the II vision of mob= vehicle drivers approaching any street, intersection. At all street, intersections clear vision shall be maintained across the lot for a distance of twenty-five feet (25') back from the property corner along both streets. (For example see Appendix "A") II (3) Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be II prohibited; provided, however, a security fence not less than six feet (6') in height may be topped with barbed wire that is located on property not zoned for residential purposes. 1 (4) Electrical Fences Prohibited: No fence shall be electrically charged in any form or fashion. II (5) Eight Foot (8') Maximum Height: No fence in a residential district shall exceed eight feet (8') in height above ground level at the fence line. II (6) EMergency Ingress & Dress Rmnd: In order to allow ingress/egress of emergency personnel and equipment, at least one gate or opening not less than three feet (3') in width shall be required within each fence or wall II 7 - 11 that is adjacent to or running parallel with a public right-of-way, alley, drainage, utility or access easemnt. One such opening is re- quired for each lot or in cases where the lot frontage is greater than two hundred feet (200'). An opening or gate shall be located not less than two hundred feet (200') to another opening on the same property. (7) Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owners' responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. (Fur example, see Appendix "AN) (8) ftblio Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or caused to protrude over property that the city or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced. (9) SWimming Pools: All swimming pools shall be fenced in addition to the requirements of the Uniform Building axle as amended and adopted by the City of &less. The following specifications shall apply: • (a) Private pools (Single Family Residence): • 1. The entire pool shall be enclosed. 2. Minimum height of six feet (6'). 3. Wood construction or approved equal. . 4. The fence shall be equipped with self-closing and self-latching gates. (b) Public pools (Apartments, Hotels, Mbtels, (tndtniniums, Townhouses, and Mobile Home Parks): 1. The entire pool shall be enclosed. 2. Minimum height of four feet (4'). 3. Wood or chain link construction or approved equal. 4. The fence shall be equipped with self-closing and self-latching gates. Section 7-503 Fence and Free StmmiingUW11 Setbackftxpireserits. (1) Front Yards: No fence or free standing wall greater than thirty-six inches (36") in height shall extend into the required front yard except for decorative fences or security fences meeting the following require- ments: (a) The property shall not be zoned for one or two family dwellings. 7 - 12 1 (b) Fences thirty-six (36") or more above the finished grade of the lot shall not be more than twenty-five percent (25%) solid. (c) The primary fencing material shall be of wrought iron, exposed aggregate tilt wall, fired masonry, approved wood rail construction or other material approved by the City Building Official. (For example see Appendix NO) (2) Side Fence and Free Standing Wall Setbacks: No fence or wall greater than thirty-six (36") in height shall be located lAss than fifteen feet (15') from any side property line that is adjacent to a public street unless: (a) The subject lot backs up to the rear property line of another lot, in which case no side fence setback is required. (For example see Appendix rim) (b) The subject lot backs up to an access easement or alley right-of-way, in which case a ten foot (10') visibility triangle shall be required. (For example see Appendix "A") (3) Fear Fence and Free Stanling vital Setbadks: Fences and walls meeting all of the above requirements may be erected on the rear property line except, however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty-six (36") in height shall be located within fifteen feet (15') of the subject lots rear property line. (For example see Appendix "An Section 7-504 Adkinisttation. (1) Fence Permit Required: It shall be unlawful for any individual, partner- ship, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the officeof building inspections. (2) Application for Permit: Any individual, partnership, ccuparwor corpora- tion making application for a fence permit must sign an application for same showing the following information: (a) Applicant's name, address, and in addition, if the applicant repre- sents a company or corporation, the name and address of the supervi- sor or foreman of said company or corporation and the name of its president. (b) Name of owner of property. (c) Local addreRs where fence is proposed to be erected. (d) Type of fence construction. (e) Height of fence. 7 - 13 01.....m. II II (f) Plat Showing lot on which the fence is proposed to be erected, and the location of adjoining or adjacent lots showing existing struc- tures and fences. The proposed fence shall be delineated by a dark heavy line. II ' (3) Permit Fee: A permit fee shall be paid prior to the issuance of any II Fence Permit. The fee charged shall be in accordance with City of Euless Schedule of Fees. II Section 7-505 Variances & Appeals (1) Variances: The Euless City Council may appoint a board toonsisting of at II least five (5) members, who, after review of the application for variance 4 or appeal by the City Attorney for determination as to form thereof and that same is within the purview of the authority of such Board, shall hold a public hearing in which written notification has been given to all II property owners within two hundred feet (200') of the proposed variance, may grant a variance to this Ordinance where, in its opinion, the Boar finds the following requirements have been met: II (a) Granting the variance will not adversely affect the interest of the City of Euless; II , . (b) Granting the variance will not adversely affect the neighboring , property owners; I (c) There is, in the Boards opinion, a hardship on the land, and that hardship is not a personal or self-created hardship. I (2) Application for Variance: Application for a variance shall be made by sutinitting the following to the City Planning Department: (a) Letter requesting to be heard by the Board described in Section I 7-505 (1) above for a variance and a statement of the nature of variance being requested. II (b) An application fee prescribed in the City of Euless Schedule of Fees shall be paid prior to any public notification or being placed on the Boards Agenda. II (3) Appeals: The Board described in Section 7-505 (1) above shall have the authority to hr and decide appeals where it is alleged there is error I on any order, requirement, decision or determination made by the Building Inspector in the enforcement of this ordinance. Such appeals shall be made in the manner described above in Section 7-505 I (2)(a) of this Ordinance. No application fee is required. I Revised 10/26/93 ljl\udc\article.7 I 1 7 - 14 ANTICLE 8 - SITE PLAN RIOUREKENTS Section 8-100 Purpose. This section establishes a site plan review process for proposed development. The purpose of the review is to ensure efficient and safe land development, harmonious use of the land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facili- ties, and other utilities and services. Section 8-200 Applicability. No development or construction of any structure or occupancy of any land shall commence, unless a site plan is first submitted to and receives a recommenda- tion from the Planning and Zoning Commission and approval by the City Council. It is suggested that the site plan be submitted and approved prior to the land plan as in Article 9. No building or site shall be occupied unless all construction, development and operations conforms to the plan as approved by the City Council. Failure to comply with City Council's approved plan may result in non-issuance or revocation of an occupancy permit. (1) Ekemptions. Site plan approval by City Council shall not be required for the follow- ing: (a) Any property zoned for one or two family dwelling purposes or any accessory user.; incidental thereto. (0) Property zoned Planned Development where development is to occur in accordance with the approved detailed site plan. (2) Waiver of Pequirements: The Planning and Zoning Cbmmission and City I . Council may, at the request of the applicant, waive any of the various site plan detail requirements hereinafter set forth. Section 8-300 Site Plan Details. The site plan shall contain sufficient information relative to site design considerations, including bit not limited to the following: 1 (1) Structure locations along with buildingwall elevations (2) On-site and off-site circulation (3) Parking 1 (4) Grading (5) Landscaping (6) Placement of utilities 8 - 1 I (7) Screening ii (8) Location of present and proposed streets, drainage and utilities (9) Location, size of existing and proposed detached signs Provision of the above items shall conform to the principles and standards of this ordinance. TO ensure the submission of adequate site plan information, the Administrator is hereby empowered to maintain and distribute a list of specific requirements for site plan review applications. Upon periodic review, the lidminibUdtor shall have the authority to update such requirements for site plan details. Section 8-400 SUpplemental Requirements. Under special instances, the Planning and Zoning Commission and/or City Cbuncil may require other information and data for specific site plans. Section 8-500 Principles and Standards far Site Plan Review. The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of EUless. The Planning and Zoning Commission and City Council shall review the site plan for compliance with all applicable Ordinances and the Comprehensive Plan; for harmony with surrounding uscs and the overall plan for development of the City of EUless; for the promotion of the health, safety, order, efficiency and economy of the City; and for the maintenance of property values and the general welfare. Based upon its review, the Commission and COuncil may approve, conditionally approve, request modifications or deny approval of the site plan. Evaluation of the site plan details shall be based on the following: (1) The site plan's compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Euless including but not limited to off-street parking and loading, lighting, open space and the generation II of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat. (2) The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood. (3) The relationship of the development to adjacent use in terns of harmoni- ous design, setbacks, maintenance of property values and negative im- pacts. (4) The provision of a safe and efficient vehicular and pedestrian circula- tion system. (5) The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. 8 - 2 • I II I I (6) The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipmmt to buildings. II (7) The coordination of streets so as to compose a convenient system consis- tent with the Thoroughfare Plan of the City of Uless. II (8) The use of landscaping and screening (1) to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and (2) to complement the design and location of build- ings and be integrated into the overall site design. II (9) Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adja- IIcent properties. (10) The location, size and configuration of open space areas to ensure that IIsuch areas are suitable for intended recreation and conservation uses. (11) Protection and conservation of soils from erosion by wind or water or from excavation or grading. II (12) Protection and conservation of water courses and areas subject to flood- II (13) The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and II occupants. Section 8-600 Approval Process. II The decision to approve or deny a Site Plan shall be made by the City Council after receiving a recommendation from the Planning and Zoning Ctunission. A majority denial by the Planning and Zoning Cbmmission may be appealed to the I City Council. The appeal shall be filed in writing with the Administrator not more than seven days after the date of the action taken by the Planning and Zoning Commission. The appeal shall state all reasons for dissatisfaction with the action of the Planning and Zoning COmmission. If the City Council, II by majority vote, deems the appeal to be without merit, it may refuse to accept the appeal, and the action of the Planning and Zoning Commission shall stand. IIf the City Council, in a public hearing and by majority vote, accepts the appeal, the decision by the City Council to approve, conditionally approve, request modifications, or deny a site plan shall be final and binding. 1 Section 8-700 Effect of Site Plan Approval. . I No property requiring site plan approval shall be developed except in accor- dance with the site approved by City Council. I I 8 - 3 } mmimmommimmmonmw (1) Eviration an of Approved Site Plan. II If development of a lot with an approved site plan has not commenced within 12 months of the date of final approval of the site plan, the site plan shall be deemed to have expired, arra a review and reapproval of the approved site plan by the Planning and Zoning Commission and City Council shall be required before construction commences on the project. Said review and approval shall be evaluated according to the standards of Section 5-600, taking into account charges in the surroundings and in applicable ordinances which have occurred subsequent to the prior approv- al of the site plan. (2) Mirror Adjustments to Site Plan. It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such gases, the Administrator shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site. • 1 i 1 1 Revised 02/16/93 03/02/93 05/10/93 ' \udc\article.8 ' I 8 - 4 I 1 ' ARTICLE 9 PLNITIDIG AND SUBDIVISIONOF LAND Section 9-100. Purpose and Intent. The purpose of regulating platting of subdivision is to provide a tool to ' fashion orderly development in defined ways. Using prescribed methods, the use of private land is regulated in the public interest. The intent of this Article is to ensure that adequate records in land title are provided far and to provide for safe, orderly, and adequate design and construction of new streets, water, sewer and drainage facilities. Section 9-101. Goals. ' In order to achieve orderly, efficient and environmentally sound subdivision of land, the City of Euless must be provided with appropriate guidelines and ' development management mechanisms. This Article, in conjunction with the other land use control tools as now or hereafter may be adopted by the City, provide those guidelines and mechanisms. With this in mind, it is the intent of these regulations to further the following goals: ' (a) Protect and provide for the public health, safety, and general welfare of the community; ' (b) Guide the future growth and development of the community, in accor- dance with the master plans of the City, ensuring that the compre- hensive and coordinated plans effected by the various land use controls of the City are not negated by disorganized, unplanned and uncoordinated development; ' (c) Guide and phase any and all developments to maximize the utilization of existing and proposed public facilities and improvements to ensure that these facilities will have sufficient capacity to serve ' the propose subdivision; (d) Guide public and private policy and action in order to provide adequate and efficient transportation, public utilities, sewerage, ' schools, parks, playgrounds, recreation, and other public require- ments and facilities; ' (e) Establish reasonable standards of design and procedures for subdivi- sion of land in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monnumienting of subdivid- ed land; (f) Preserve the natural beauty and topography of the municipality and to ensure appropriate development with regard to these natural ' features; (g) Provide for open spaces through the most efficient design and layout of the land, including the acquisition and dedication of park lands. ' 9 - 1 1 Section 9-102. App]i ,phi 1 i ty It is unlawful to subdivide or do significant construction on any land, parcel or real property that does not comply ply with the minimum requirements stated herein. Approval or issuance of any permit shall not be construed as an approval of a violation of the provision of this document. Section 9-103. JUrisciiction. ' These regulations apply to all subdivisions of land, located within the corporate limits of the City and within the City's extraterritorial jurisdiction, as provided by law, and to all additions of land within the ' } corporate limits of the City, except as expressly stated herein. (1) The following types of subdivision do not require approval by the City of E1iless; (a) The division of land into two or morewhere allare parts parts larger than 5 acres and zoned Single Family Detached Dwelling District or located within the extraterritorial jurisdiction of the City of Euless. (b) The division of land into two or more parts where all parts are larger than 20 acres regardless of zoning or location. (c) The creation of a remainder of a tract caused by thela of a of the tract, P ttzng portionprovided the remainder is larger than 20 acres; or the remainder is larger than 5 acres and zoned Single Family Detached Dwelling District or is located within the extraterritorial jurisdiction of the City of Euless. (d) The division of a tract or parcel for purposcs of dedicating R-O-W easements, park land, or other public facilities or easements. (e) The creation of a leasehold for agricultural use of the subject property, provided that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock raised thereon. (f) The division of property through inheritance, the probate of an estate, or by a court of law. ' (2) The City shall not extend utilities, provide access to public roads or authorize any building construction for the development of property which has not received final plat approval, except as otherwise provided by this ordinance. (3) A written request may be directed to the Commission for information concerning whether a plat is required under these regulations, in accordance with Section 212.0115, as amended, of the Texas Local Government Code. , 9 - 2 ' (4) The exclusion of such activities from these regulations does not waive any jurisdiction the City now exercises or may exercise over such matters. ' (5) The City shall not extend utilities, provide access to public roads or authorize any building construction for the development of any property which has not received final plat approval, except as otherwise provided by this ordinance. (6) Except as provided above and lots of record established prior to the ' effective date of this ordinance, no land shall be sold, leased, or transferred until the property owner has obtained approval of a final plat, or conveyance plat from the Administrator, the Commission or the Council as required by these regulations. (7) The City shall withhold all public improvements and utilities, including the maintenance of streets and the provision of sewage facilities and ' water service, from all tracts, lots or additions, the platting of which has not been officially approved by the Administrator, the Commission, or City Council and for which a certificate of compliance has not been issued pursuant to Section 9-800(7) [Final Subdivision Plat/Certificate ' of ct ]. (8) Except as provided in Sections 9-900(3)(e)(Conveyance Plat/Effect] and ' 11-500 [Building Construction and ()xupency], no building construction or modifications shall commence nor shall any building or property be used or occupied until such property has received final plat approval and is ' in substantial conformity with the provisions of these subdivision regulations, and no private improvements shall take place or be commenced except in conformity with thcco regulations. ' Section 9-200. Procedures. All applications for platting of property shall be subject to the procedures _ for platting as outlined within this document. (1) Division of Property: Hereafter, every owner of any lot, tract, or parcel of land who may make or cause a subdivision of land into two (2) ' or more pieces shall cause a plat to be made thereof, which shall accu- rately describe all of said lot, tract, or parcel of land as required by this Article. Unless specifically authorized by this document, no plat ' may be recorded, rio lot may be sold, and no transfer of title to any part of such lot, tract, or parcel of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accor- dance with these provisions and filed in the Plat Records of the County. ' (2) flatting Required for Building Permits: Platting of property prior to the issuance of a building permit shall be required under the following conditions: (a) New construction is proposed on a vacant parcel of land; or 9 - 3 I P j h (b) New construction is proposed for an existing structure where the total cost of the new construction exceeds five thousand dollars I ($5,000.00). This condition maybe waived, at the discretion of the Administrator, if unusual conditions are documented by the appli- cant. Unusual circumstances are as defined in Article 3 - Non coir- ' e formanoe. Section 9-300. General. I i 1 Classification of Subdivisions and Additions: Before any land is platted, the property owner shall apply for and secure approval of the proposed subdivision plat or addition plat in accordance with the follow- ' ing procedures, unless otherwise provided by these regulations. Subdivi- sions are classified as major or minor depending on the number of lots proposed and the extent of public improvements required. I (a) Minor subdivisions shall create no more than four lots and do not require the creation of a new street or the extension of municipal facilities. Minor subdivisions may be approved for residential and I non-residential properties. Conveyance plats may be approved under the procedure for minor subdivisions provided that they establish no more than four lots and do not create a new street or extend munici- pal facilities. Minor plat approval requires the submission of ail final plat as described under Section 9-800 [Final Subdivision I Plats], or the submission of a conveyance plat as described under IISection 9-900 [Conveyance Plats]. The Administrator may approve and sign minor plats on behalf of the City or refer them to the Planning t and Zoning Commission for their action. (b) Major subdivisions involve the creation of new streets, the exten- II sion of municipal facilities or the creation of more than four lots. , Major subdivisions may be approved for residential and non-residen- ' tial properties. Conveyance plats are considered major subdivisions if they create more than four lots or involve the creation of new _ I streets or the extension of municipal facilities. The procedure for } approving a major plat typically requires three steps: land plan, ' preliminary plat, and final plat. Land plans are approved by the Planning and Zoning Commission. The land plan requirement may be omitted if the subdivision creates no more than one new street and II the Adminis U ator determines that sufficient information exists to i begin preparation of a preliminary plat. Land plans for non-residential property may be omitted where the Administrator M determines that a circulation plan, site plan, etc., for the II property contains sufficient information to provide for the proper I coordination of the development. IIEXcept as otherwise permitted, the Planning and Zoning Commission's approval of a preliminary plat is required prior to the construction of public improvements to the property. The preliminary plat and II the associated engineering plans for the property may be amended during construction, with only major changes requiring reapproval by the Planning and Zoning Commission. II s 9 - 4 ' i Upon completion of the required public improvements, or the provi- sion of a subdivision improvement agreement described under Article 11 [Assurances far Clompletion], the owner may submit a corrected final plat and construction "As Builts" for the subdivision. Lots may be sold and building permits obtained after approval of the plat by the Planning and Zoning Cmmission, and filing of the signed plat. The preliminary plat process may be altered if the owner enters into a subdivision improvement agreement with the City and provides engineering plans and sufficient surety for all proposed public improvements. (2) Submission Requirements - Commission Approval: Fbr the purpose of these regulations, the date on which the application is first filed shall constitute the official submission date for the plat, after which the statutory period required for approval or disapproval of the plat shall commence to run. The City shall publish at least 30 days prior to the beginning of each year a calendar of official submittal dates. This • calendar shall specify two submittal dates for each month. All applications delivered to the City on a date other than a scheduled date shall be dated received on the next official submittal date. (3) Submittal Requirements - Staff Approval Only: Minor plats may be submitted at any time during normal office hours. The plat shall be approved by the Administrator or placed on an agenda of the Planning and Zoning Commission for consideration no later than 30 days of its receipt. (4) Approval Criteria: Applications for plat approval shall be evaluated for compliance with these regulations and requirements contained in the City's standard specifications manual and design manuals, which are incorporated herein by reference, and with any other criteria, policies, rules and plans which are referenced elsewhere in these regulations. (5) Statutory Compliance Procedure: The P&Z Commission shall approve or disapprove the application, or identify requirements which must be satisfied prior to approval of such application, within 30 days of official submittal. If the Commission fails to approve or disapprove (disapproval includes the identification of requirements to be satisfied prior to approval) an application within 30 days of the official submission date, the application shall be deemed approved. However, the identification of requirements by the mmission, (at a scheduled meeting of the commission prior to thirty (30) days following the official submission date) which remain to be satisfied prior to plat approval, shall constitute disapproval of the application for purposes of statutory compliance only. UmieRs the Commission unconditionally disapproves the plat application within such period, the City shall continue to process the application for compliance with these regulations. (6) Fees, Application Forms and Procedures: City Council shall establish a schedule of fcx as required to recoup costs related to the administra- tion of this ordinance. The Administrator may establish procedures, forms and standards with regard to the content, format and number of copies of information constituting an application for a land plan, preliminary plat, conveyance plat, replat, vacation of plat or final plat. 9 - 5 I 1 • II : . 1 Section 9-400. land Plan. I 1 (1) Purpose: The purpose of the land plan is to review and approve a general plan for the development of property including the layout of streets, lots, open space, sites for public facilities and utilities. II (2) Applicability: A land plan covering the entire holdings shall be required as a condition precedent to approval of any application for a 1 major plat, except where the Administrator determines: I 1 (a) The subdivision will result in no more than one new street and [ 1 sufficient information exists to begin preparation of a preliminary II i I plat, or 1II I (b) A circulation plan, preliminary site plan or final site plan for the I II property provides sufficient information for the preparation of a preliminary plat. (3) phasing of Development: The Commission may permit a land plan for a major plat to be divided into two or more phases, as indicated on the II land plan, and may approve certain conditions as it deems necessary to assure the orderly development of the platted land. 1 II i (4) Application Procedure and Requirements: A 1 1 t (a) Pre-application Conference - Before preparing the land plan, the II applicant shall schedule an appointment and meet with the Administrator to discuss the procedures for approval of the plat and the requirements as to general layout of streets and or reservations II T , of land, street improvements, drainage, sewerage, fire protection, 1 ) and similar matters, as well as the availability of existing 1 services. II (b) General Application Requirements - Prior to platting of the land and -, ) after meeting with the Administrator, the property owner shall file A 1 an application for approval of a land plan with the Cturission. II i The application and land plan shall meet the following minimum i requirements: I II , 1 1. The application shall include all contiguous holdings of the . property owner with an indication of the portion which is proposed to be developed or offered, sold or leased, accompa- 1 nied by an affidavit of cwnership, which includes an address II 1 and telephone number of an agent who shall be authorized to I receive all notices required by these regulations. II1 2. The land plan shall be drawn to scale of 1" = 100' or larger. 1 3. The lower right hand corner of the land plan shall contain a title block clearly showing the proposed name of the subdivision or addition, the name and address of the Owner and the Engineer or Surveyor responsible for the designer survey, the scale of the drawing, the date the drawing was prepared, II i and the location of the tract according to the abstract and i survey records of Tarrant County, Texas. I I 1 ' 4. The land plan shall clearly show the limits of the tract. True north, scale and date, shall be clearly indicted and shall be to the top or left of the land plan. ' 5. The land plan shall show the names of adjacent subdivisions or additions or the name of record owners of adjoining parcels of unplatted land. 6. The land plan shall contain the existing zoning on adjoining land, the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract, ' existing permanent buildings, railroad rights-of-way, and topography with existing drainage channels or creeks, and other important features such as political subdivision or corporate ' limits and school district boundaries. 7. The land plan shall show the layout, names and width of ' proposed thoroughfares, collector streets, and intersections, and shall show a general configuration of proposed streets and alleys. ' 8. The land plan shall show a general arrangement of land nes, including but not limited to park and school sites, n nicipal facilities, private open space, flood plains and drainage ways, ' phasing plan, and proposed non-residential and residential uses and densities. ' 9. The land plan shall indicate layout, numbers, and approximate dimensions of proposed lots and all building lines. 10. The land plan shall indicate existing contours of the tract in ' intervals of two feet or less, referred to sea level datum. 11. The land plan shall indicate existing sewers, water mains, ' culverts, or other underground structures within the parcel and immediately adjacent thereto with pipe sizes and locations indicated. ' 12. The land plan shall indicate proposed water, sanitary sewer and storm sewer pipe lines with culverts, bridges, and other appurtenances or structures shown. ' 13. The land plan shall indicate storm water retention or detention basins as required. (d) Standards for Approval. A copy of the proposed Land Plan shall be forwarded to the City Council for their information and use. No land plan shall be approved by the Commission unless it conforms to ' the master plans of the City and the development ordinances of the City. ' (e) Approval Procedure. After review of the land plan, the report and recommendations of the Administrator and the exhibits submitted at a scheduled meeting, the Commission shall approve, conditionally ' 9-7 1 approve or disapprove the land plan. One (1) copy of the proposed land plan shall be made available to the owner with the date of approval or disapproval and the reasons therefore accompanying the copy. If the Commission disapproves the proposed land plan, the applicant may execute an appeal in the manner prescribed in Section 9-1300 [Appeals to Ciaoncil]. (f) Effect of Approval. Approval of the land plan in conformance to Sections 9-400(4)(0 [Additional Requirements] and 9-400(4)(e) , [Approval Procedure] by the Cbmiission constitutes authorization by the City for the property owner to submit application for approval of a preliminary plat subject to the approved land plan and compliance with any conditions attached by the Commission. ' g (g) Lapse of Land Plan Approval. The approval of any phase or phases of a land plan, which is intended for development, shall automatically ' P expire unless such phase or phases have been submitted and approved by the C m mission as a preliminary plat within one (1) year of the date of approval of such land plan. (See Section 9-700 [E ctension and Reinstatement of lapsed Plans.]) Section 9-500. Prez i in na*y Plat. (1) Purpose: The purpose of the preliminary plat is to allow the Commission and/or the City Council to evaluate the proposed plat for conformity with requirements and conditions identified at the time of land plan approval and to evaluate construction plans for public improvements or to provide adequate security for construction of the same. (2) Applicability: A preliminary plat is required for all major subdivisions , prior to the construction of public improvements. (3) Application Procedure and Requirements:: On forms approved by the City, the applicant shall file for approval of a preliminary plat, which conforms substantially with the land plan or alternate plan as permitted under Section 9-400(2) [Land Plan/Applicability] sukinitted by the applicant. The plat shall be prepared by or under the supervision of a registered public surveyor in the State of Texas and shall bear his coal, signature and date on each sheet. The payment of all applicable fees shall be required at the time of submission. (a) General Application Requirement: Copies of the proposed preliminary plat shall be at a scale of 1" = 100' or larger and in a form substantially as follows: 1. The boundary lines with accurate distances and bearings and the ' s exact location and width of all existing or recorded streets intersecting the boundary of the tract. 2. True bearings and distances to the nearest established street ' lines and to two (2) official City monuments (see Section 10-200(s) [Survey Monuments and Markers], which shall be accurately described on the plat. ' t 9 - 8 ' 3. Accurate ties to the abstract and survey corners as required by Texas Surveying law and the amount of acreage in each tract shall be shown. ' 4. The exact layout including: * Street names. * The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents. ' * All easements for rights-of-way providad for public services, utilities and drainage. ' * All lot numbers and lines with accurate dimensions in feet and hundredths of feet and width bearings and angles to street and alley lines. ' 5. The accurate location, material, and size of all monuments approved by the City engineer. Horizontal and vertical control data shall be established for a minimum of two (2) corners of the subdivision or addition. 6. The accurate outline of all property which is offered for ' dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or ' addition. 7. Building setback lines. ' 8. Special restrictions including, but not limited to, drainage and floodway, fire lanes, screening. ' 9. Proposed name of the subdivision or addition. 10. Name and address of the property owner. 11. North Point, scale, and date. 12. Certification by a Registered Public Surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and that their loca- tion, size, and material description are correctly shown, and ' that the survey correctly shows the location of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted. ' 13. Boundary survey along with supporting documentation such as closure and area calculations. ' 9 - 9 1 14. Additional documentsfor dedication or conveyance of easements or rights-of-way, aass required by the City. The City may, in some instances, require the conveyance of fee simple title for certain rights-of-way. 15. Entry easements to allow City inspectors to enter the property being platted for the purpose of inspecting the construction of the public improvements. 16. Avigation easements as necessary as required by the City. (b) Standards for Approval. A copy of the proposed Preliminary Plat shall be forwarded to the City Oancil for their information and use. No preliminary plat shall be approved by the Oomission unless the following standards have been met: ' 1. The plat substantially conforms with the approved land plan or other study as provided in Section 9-400(2) [Iamd Plan/Applicability]. ' f 2. The construction plans have been reviewed by and are acceptable to the City Engineer. 1 3. Provision for installation and dedication of public improve- ments has been made. 4. The plat conforms to applicable zoning and other regulations. 5. The plat meets all other requirements of these regulations. (c) Timing of Public Improvements. 1. The Commission may require that all public improvements be installed, offered for dedication and accepted by the City prior to the signing of the final plat by the Chairman of the Commission. At the request of the applicant, the Commission may permit or require the deferral of the construction of public improvements IIif in its judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site's development with adjacent properties ' x and off-site public improvements. Any required public improvement(s) approved for deferred construction roust be provided for as required in Article 11 [Assurance far Ooompletion] prior to the approval of the final plat. (See Section 11-400 [Deferral of Required ]) 2. If the Comission does not require that all public improvements be installed, offered for dedication and accepted by the City prior to signing of the final plat by the Chairman, it shall require that the applicant execute an improvement agreement and provide security for the agreement as provided in Section 11-100(2) [Improvement Amts & guarantee]). 9-10 1 II II II (d) Approval Procedure. After review of the preliminary plat, the report and recomendations of the AdminisUdtor concerning the land plan and the application, the report and recommendation of the City Engineer on the construction plans, and any exhibits submitted at a II public meeting, the applicant shall be advised of any required changes and/or miditions. The Cbmmission shall approve or disap- prove the preliminary plat. One (1) copy of the proposed prelimi- II nary plat shall be returned to the owner with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plat. If the °omission disapproves the proposed II preliminary plat, the applicant may execute an appeal in the manner prescribed in Section 9-1300 [Appea]s. to City l]. (e) Effect of Approval. Approval of a preliminary plat by the Cbmmis- II sion constitutes authorization for the City Engineer to release construction plans subject to his final approval and for the proper- ty owner to commence grading of the site and construction of such I public improvements as are required by the °omission. Approval of a preliminary plat also authorizes the property owner, upon fulfill- ment of all requirements and conditions of approval, to submit for approval an application for final plat approval in accordance with II Section 9-800 [Final Subdivision Plat]. Upon release of the construction plans, the City Engineer shall issue a certificate indicating the construction plans have been released and construc- II tion of the improvement is thereafter authorized. Additional certificates may be issued by the City Engineer authorizing the construction of private utilities on a phased schedule. The certif- II . icate shall read as follows: "The preliminary plat for (insert name of the subdivision or addition) as approved by the City of Euless Planning II and Zoning Commission on (insert date of approval) is authorized for the construction of public improvements as approved by the City Engineer. A final plat shall be I approved by the City upon the completion of all public improvements to the satisfaction of the City Engineer or the provision of a subdivision improvement agreement under the terms of the subdivision ordinance and submission of a I final plat in compliance with section 9-800 [Final Subdivision Plat] of the Unified Development Code of the City of Euless " II (f) Lapse of Preliminary Plat Approval. The approval of a preliminary plat shall be effective for a period of two (2) years from the date II that the preliminary plat is approved by the Commission or the Council, at the end of which time the applicant must have submitted and received approval for a final plat. If a final plat is not submitted and approved within two (2) years, the preliminary plat II approval shall be null and void, and the applicant shall be required to submit a new plat for land plan review subject to the then existing zoning restrictions and subdivision regulations. (See II Section 9-700 [EXtension and Reinstabement Procedure] concerning extensions and reinstatement of approval.) I 9 - 11 i t i 1 i (4) Construction Plan Procedure and Requirements. (a) General Application Requirement. Construction plans shall be 111 prepared by or under the supervision of a professional engineer registered in the State of Texas as required by state law governing I such professions. Plans submitted for review by the Cityshall be 3 dated and bear the responsible engineer's name, serial number and the designation of "engineer," "professional engineer," or "P.E." and an appropriate stamp or statement near the engineer's I identification, stating that the documents are for preliminary review and are not intended for construction. Final plans acceptable to the City shall bear the seal and signature of the I engineer and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the City shall be designed by a professional engineer registered in the State of Texas. I (b) Construction Plan Review Procedure. Copies of the construction plans, and the required number of copies of the plat shall be II submitted to the City Engineer for final approval. The plans shall } contain all necessary information for construction of the project, including screening walls, and other special features. All materi- als specified shall conform to the Standard Specifications and Standard Details of the City. Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and II shall clearly note the nature of the revision and the date the revision was made. The' C.ity Engineer will release the plans for construction, subject to approval of the preliminary plat by the II Ccurission and payment of all inspection fees. Upon such release, each Contractor shall maintain one set of plans, stamped with City release, on the project at all times during construction. (Also see Sections 11-200 [Construction Procedures] and 11-300 [Inspections of I I Public ]). (c) Failure to Commence Construction. If construction has not commenced II within one (1) year after approval of the plans, resubnittal of i plans may be required by the City Engineer for meeting current standards and engineering requirements. "Construction" shall mean IIinstallation of City maintained public improvements. I Section 9-600. Amendments to Land Plan or Preliminary Plat. II j (1) At any time following the approval of a land plan or preliminary plat, and before the lapse of such approval, a property owner may request an 4 amendment. The rerouting of streets, addition or deletion of alleys, II or addition or deletion of more than 10% of the approved number of lots shall be considered a major amendment. The adjustment of street and F alley alignments, lengths, and paving details; the addition or deletion II of lots within 10% of the approved number and the adjustment of lot lines i shall be considered minor amendments. i 1 I i t 9 - 12 II 1 ' (2) The Administrator may approve a minor amendment to the Commission under the terms of Section 9-300 [General]. Major amendments may be approved by the Commission at a public meeting in accordance with the same requirements for the approval of a land plan or preliminary plat. (3) The Commission shall approve, conditionally approve or disapprove any proposed major amendment and may make any modifications in the terms and ' conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed amendent under the terms and conditions required by the Commission, the applicant may withdraw the proposed major amendment or appeal the action ' of the Commission to the City Council in accordance with Section 9-1300 [appeals to the City Council]. ' Section 9-700. Extension and Reinstatement Procedure. (1) Sixty days prior to or following the lapse of approval for a land plan ' or preliminary plat, as provided in these regulations, the property owner may petition the .Commission to extend or reinstate the approval. Such petition shall be considered at a public meeting of the COnmission. ' (2) In determining whether to grant such request, the Commission shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval and the ' extent to which newly adopted subdivision regulations shall apply to the plat or land plan. The Commission shall extend or reinstate the plat or land plan, or deny the request, in which instance the property owner must submit a new application for approval. ' (3) The Commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary ' to assure compliance with the original conditions of approval. The Commission may also specify a shorter time for lapse of the extended or reinstated plat or land plan than is applicable to original approvals. ' Section 9-800. Final Subdivision Plat. (1) Purpose: The purpose of a final plat is to record the subdivision of ' property including the accurate description of blocks, rights-of-way, easements, building lines and street names. ' (2) Applicability: A final plat shall be required for subdivisions of property and the recording of single lots in accordance with Section 9-103 [Jurisdiction]. ' (3) Application Procedure and Requirements: A final plat for minor subdivi- sions may be approved and signed by the Administrator. A final plat for a major subdivision shall require approval by the Planning and Zoning Commission. Final plats shall comply to the preliminary plat where applicable. The application shall be axompanied by the following: ' (a) Copies of the proposed final plat bearing all information specified in Section 9-500(3)(a) [Preliminary Plat/Application Procedure and Requirements] and the following language: ' 9 - 13 • i "Notice: Selling a portion of this addition by metes and bounds is a violation of City ordinance and state law and is subject to fines and withholding of utilities and building permits." (b) Formal irrevocable offers of dedication to the public of all streets, local government u_,S, utilities, parks, and easements, in a form approved by the City. The plat shall be marked with a notation indicating the formal offers of dedication. (c) The improvement agreement and security, if required, in a form satisfactory to the City and in an amount established by the Cb mission upon recommendation of the City Engineer and shall include a provision that the property owner shall comply with all the teras of the final plat approval as determined by the Commis- sion. (d) A recording fee in an amount as set by the County Clerk. (e) As-built construction plans, where applicable. (4) Standards for Approval: A Final plat shall be approved by the Administrator, the Commission or the Council provided all of the following standards have been met: (a) The plat substantially conforms to the preliminary plat. bpublic improvements have been constructed and accepted or an improvement agreement has been accepted by the City providing for the subsequent completion of improvements. . (c) The plat conforms to applicable zoning and other regulations. (d) Provision has been made for adequate public facilities under the terns of this ordinance. (e) The plat meets all other requirements of this ordinance. (5) Approval Procedure: After review of the final plat, the Administrator shall place the final plat for consideration on the agenda of a public IImeeting of the Commission. Minor plats may be approved by the Administrator or referred to the Commission in accordance with Article 2, Section 2-200 [Authority]. In the event of disapproval, reasons for disapproval shall be stated. One copy of the final subdivision plat shall be returned to the applicant with the date of approval, conditional approval or disapproval noted on the final plat, and, if the final plat is disapproved, the reasons for disapproval accompanying the final plat. ' c (6) Appeals: If the Commission disapproves the final plat, the applicant may appeal to the Council in the manner prescribed in Section 9-1300 [Appeals to Council]. 9 - 14 (7) Certificate of COmpliance: Upon final approval of a final plat required by these regulations, the CI:emission shall issue to the person applying for approval a certificate stating that the final plat has been approved by the Commission and/or the City Council. For purposes of this section final approval shall not occur until all conditions of approval have been met. (8) City Signatures and Recording of Final Plat: (a) When an improvement agreement and security are required, the Chair- man of the Commission, or the Mayor, if approval has been granted by the Council, and the Administrator or City Engineer shall endorse approval on the final plat after the agreement and security have been approved by the Cmuission, and all the conditions pertaining to the final plat have been satisfied. (b) When installation of public improvements is required prior to recordation of the final plat, the Chairman of the COmmission or the Mayor, if the plat has been approved by the Council, and Administrator or City Engineer shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public improvements have been installed in a manner satisfactory to the City as shown by a certificate signed by the City Engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished. (See Section 11-300 [General]). (c) It shall be the responsibility of the Adndnistadtor to file the final plat with the County Clerk. Simultaneously with the filing of the final plat, the Administrator shall record such other agreements of dedication and legal documents as shall be required to be recorded. One (1) copy of the recorded final plat, with street addresses assigned, will be forwarded to the property owner by the Administrator. Section 9-900. Conveyance Plats. (1) Purpose: A conveyance plat may be used solely for the purpose of subdi- viding land and the recording of same, or recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey the property or interests therein; however, a conveyance plat does not constitute approval for development of the property. A conveyance plat is an interim step in the subdivision and development of land. (2) Applicability: A conveyance plat may be used in lieu of a final plat to record the subdivision of property provided that no single lot created is 5 acres or smaller. A conveyance plat may be used in lieu of a final plat to record the remainder of a tract created by the final platting of a portion of the property provided that the remainder is larger than 5 acres and is not intended for immediate development. 9 - 15 t II i I (3) ARP.Lic._Atign_Erommliirmemts: t II i (a) Application Requirements - The property owner shall submit an application, together with other supporting documents and fees, to 1 the Administrator for review and subsequent placement on the 1 1 Commissions agenda. Conveyance plats which qualify as minor plats Shall be reviewed and acted upon by the Administrator in accordance il [ . with Sections 9-300 [General] and 9-800 [Final SUbdivision Plat]. A conveyance plat and associated documents shall include all II 1 information listed below where applicable: . 1. The boundary lines with accurate distances and bearings and the II 1 exact location and width of all existing or recorded streets intersecting the boundary of the tract. 1 2. 'aye bearings and distances to the nearest established street 11 lines or official monuments, which shall be accurately de- scribed on the plat; municipal, township, county,. or section • lines accurately tied to the lines of the subdivision or I I i Iaddition by distances and bearings. 3. An accurate location of the subdivision or addition with reference to the abstract and survey records of the County. II ! i i 4. The exact layout including: i II 4 i. - Street names (if known or proposed). -:1 ii. The length of all II arcs radii, internal angles, points of 1 . curvature, length, andibearings of the tangents. 1 iii. Easements and rights-of-way (see Section 9-900(3)(b) II [Standard for Approval/Ozinveyance Plats] specifying their 1 provision by dedication or reservation. iv. All lot numbers and lines with accurate dimensions in feet II and hundredths of feet and with bearings and angles to street and alley lines. 5. The accurate location, material, and approximate size of all II monuments and corners, as provided in Section 9-600(3)(a) [Preliminary PlatiGenera1 Application and newiresents]. II 6. The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon. II7. Proposed name of the subdivision or addition. 8. Name and address of the property owner. I 9. North point, scale, and date. II 9 - 1 6 II I II II 10. Certification by a Registered Public Surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and their location, size, and material description are correctly shown. II11. Additional certificates to properly dedicate easements or rights-of-way as may be necessary. II12. Boundary survey closure and area calculations. II 13. Construction plans shall not be required except where street, utility and drainage improvements are proposed by the owner. Construction plans, easements, and dedications as appropriate shall be submitted concurrent with the conveyance plat or any II subsequent replat. The construction plans, if any, shall be prepared by or under the supervision of a professional engineer registered in the State of Texas and shall bear his seal on Ieach sheet. 14. A certificate of ownership and dedication of all street and alley rights-of-way to public use forever, signed and acknowl- II edged before a Notary Public by the owner and lien holder of the land along with complete and accurate description of the land subdivided and the streets dedicated where applicable, I except as provided in Section 9-900(3)(10 3 [Dedication oi Right-of-Way/Ccnveyanoe Plats]. II 15. All conveyance plats must be titled "Conveyance Plat" and carry the following wording: . . "A conveyance plat is a record of property approved by the City I for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued nor permanent public utility service provided until a final II plat is approved, filed of record and public improvements accepted in accordance with the provisions of the Unified Development Code of the City of EUlegs. Selling a portion of this property by metes and bounds, except as shown on an II approved, filed and accepted conveyance plat, final plat or replat is a violation of the City Ordinance and State Law." II (b) Standard for Approval. 1. All tracts, parcels, lots or sites created by a conveyance plat II shall have frontage and access to an existing or proposed public street defined on the Major Thoroughfare Plan or an existing standard street meeting City construction standards and accessing the existing city street system. II2. Conveyance plats must provide for the reservation of future rights-of-way of planned roadways. Right-of-way reservation L IIacknowledges the future obligation to dedicate right-of-way for II 9 - 17 public thoroughfares and streets specified on the City's Major Thoroughfare Plan or approved land plan. Reservation of right-of-way does not grant any right or interest in the property to the City of other entity. The final alignment may be adjusted upon final platting in order to meet engineering design standards. 3. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of the property proposed for final plat approval. (c) Approval Procedure. A conveyance plat meeting all requirements of the City shall be placed on an agenda of the COmmission. Conveyance plats shall be approved provided they comply with all appropriate ordinances and master plans of the City. The Commission shall approve, conditionally approve or deny a conveyance plat no later than 30 days from the date of application. The date of application shall be deemed as the date all submissions are received by the Administrator and comply with the requirements of this code. If denied, the Commission shall provide a written explanation of the reason for denial. If the Commission fails to approve or deny the application within 30 days of the official sutmission date, the conveyance plat shall be deemed approved. A conveyance plat qualifying as a minor plat shall be reviewed and acted upon by the Administrator in accordance with Section 9-300(3) pimittal Requirements - StmErApprtmal]. (d) Signing and Filing. 1. After the approval of the conveyance plat by the Ctunission, and the correction of the conveyance plat as required by the Commission, the property owner or his engineer shall submit filing fees and the required number of copies for filing to the AdminisLiator for filing with the County. Having submitted all copies and fees, the owner may request a delay of filing for up to six months from the date of approval. Any conveyance plat which has not been filed with the County within six months of the date of approval shall be void. Prior to filing with the County the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn and/or voided, must be resubmitted under current regulations and procedures and re-approved by the Commission and filed with the County. Prior to filing, the Chairman of the Commission or the Adminisliator shall endorse approval of the conveyance plat. 2. No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat. 9 - 18 I I ' (e) Effect. 1. Conveyance plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by ' other sections of this or other ordinances of the City pertain- ing to the improvement of the property or extension of services as required to make the property suitable for development. ' 2. Neither reservation nor dedication of right-of-way shall relieve the property owner from obligations for street con- struction or assessments associated with public street improve- ment programs. Easements for access, utilities and drainage may be recorded on conveyance plats. 3. Final Platting Requirements. * No building permits shall be issued nor permanent utility ' service provided for land which has only received approval as a conveyance plat. Notwithstanding the above, the Administrator may authorize temporary building permits, temporary occupancy permits, and temporary utility ' service. * A conveyance plat may be vacated, replatted or superseded ' in total or in part by a through compliance with the procedures and requirements of this ordinance. ' Section 9-1000. Replotting of Land. (1) Replat Required: Unless otherwise expressly provided for herein, a property owner who propoecs to replat any portion of an already filed ' final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same proce- dures prescribed for the platting of land by these regulations. The ' Administrator may waive or modify requirements for a land plan under circumstances where the previously approved land plan is sufficient to achieve the purposcs set for in this Article. ' (2) geplatting Without Vacating Preceding Plat: A replat ofa final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: ' (a) Is signed and acknowledged by only the owners of the property being replatted; t (b) Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the Commission and; (c) Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat. 9 - 19 1 I ii IS (3) Additional Requirements for Certain Replats: (a) In addition to compliance with Section 9-1000(2) above, a replat I without a vacation of the preceding plat must conform to the requirements of this Section 9-1000(3) if: II 1. During the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classi- IIfication to residential use for not more than two residential units per lot; or fgg t 2. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per II lot. i Compliance with this Section 9-1000(3) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in I the legally recorded restrictions applicable to the plat. (b) Notice of the hearing required under Section 9-1000(2) shall be II given before the 15th day before the date of the hearing by 11 i publication in an official newspaper or a newspaper of general circulation in the County and by written notice, with a copy of Section 9-1000(3)(c) attached, forwarded by the Commission to the t owners, as indicated on the most recently approved ad valorem tax 1 roll of the City, of property in the original subdivision within 200 feet of the property upon which the replat is requested. The I written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the City. I (c) If 20 percent or more of the owners to whom notice is required to be given under Section 9-1000(2) file with the Commission a written t protest of the replotting before or at the hearing, approval of theIIs. replat will require the affirmative vote of three-fourths of the Commission members. In computing percentages of ownership, each lot is considered equal to all other lots regardless of size or number ' of owners, and the owners of each lot are entitled to cast only one vote per lot. The area of streets and alleys shall be included in ! computing the percentage of land area. I (d) Any replat which adds or deletes lots must include the original lot boundaries. Section 9-1100. Corrected Plats. I (1) Purpose: The Commission may, upon petition of the property owner or ' developer, approve and issue an amending plat which is signed by the applicants only unless otherwise required to the contrary, and which is for one or more of the purpoecs set forth in this section, and such approval and issuance shall not require notice, hearing, or approval of II F other lot owners. This subsection shall apply only if the sole purpose of the amending plat is: i 9 - 20 ' € (a) Tb correct an error in any course or distance shown on the prior plat; (b) Tb add any course or distance that was omitted on the prior plat; (c) Tb correct an error in the description of the real property shimelon the prior plat; (d) Tb indicate monuments set after death, disability, or retirement from practice of the surveyor charged with responsibilities for settimmonments; (e) Tb show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (f) Tb correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification ct adjacent resordedplats; (g) Tb correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restric- tions and does not have a material adverse effect on the property rights of the other owners in the plat; (h) Tb relocate a lot line in order to cure an inadvertent encroachment ct a building or improvement on a lot line or on an easement; (i) Tb relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: 1. Attempt to remove recorded covenants or restrictions; or 2. Increase the number of lots. (j) Tb make necessary changes to the prior plat to create six or fewer lots in the subdivision or addition or a part of the subdivision or addition covered by the prior plat if: 1. The changes do not affect applicable zoning and other regula- tions of the City; 2. The changes do not attempt to amend or remove any covenants or restrictions; and 3. The area covered by the changes is located in an area that the 11 Commission has approved, after a public hearing, as a residen- tial improvement area. 9 - 21 II [ II ' II i i (2) Procedures: Amending plats shall be processed using procedures for conveyance plats set forth in this Article. I k Section 9-1200. Plat Vacation. 1 1 (1) By Property Owner: The property owner of the tract covered by a plat may vacate, upon the approval of the COmmission, the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowl- I edged instrument declaring the plat vacated is approved and recorded in I 1 the manner prescribed for the original plat. (2) By A11 Lot Owners: If lots in the plat have been sold, the plat, or any II 1 part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the , original plat. II 1 , (3) Criteria: The Catimission shall approve the petition for vacation on such i terms and conditions as are reasonable to protect public health, safety and welfare. As a condition of vacation of the plat, the Commission may I I , direct the petitioners to prepare a revised final plat in accordance with i these regulations. 1 II (4) Effect of Action: On the execution and recording of the vacating instru- 1 nent, the vacated plat shall have no effect. PegardlAgs of the Commis- sion's action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the City nor II / to the return of any property or consideration dedicated or delivered to 1 the City except as may have previously been agreed to by the Commission. 1 II (5) Government Initiated Plat Vacation: i (a) General Conditions - The Commission, on its motion, may vacate the I plat of an approved subdivision or addition when: I. No lots within the approved plat have been sold within five (5) - il years from the date that the plat was signed by the Chairman of the COmmission; 2. The property owner has breached an improvement agreement and the City is unable to obtain funds with which to complete II construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its II successor; 3. The plat has been of record for more than five (5) years and the Commission determines that the further sale of lots within II the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors. II II 9 22 II (b) Procedure - Upon any motion of the Commission to vacate the plat of any previously approved subdivision or addition, in whole or in part, the Cammission shall publish notice in a newspaper of general circulation in the County and provide personal notice to all proper- ty owners within the subdivision or addition and shall also provide notice to the Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision or addition plat. The Cammission shall approve the vacation only if the criteria in Section 9-1200(4) [Effect of Action/Plat Vacation] are satisfied. (c) Record of Notice - If the Commission adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the County Clerk's Office. If the Cbmmission adopts a resolution vacating a plat in part, it shall cause a revised final plat to be recorded which shows that portion of the original plat that has been vacated and that portion that has not been vacated. Section 9-1300. appeals to City Council. The applicant, AdltinibLLator or member of City Council may appeal the decision of the Commission with regard to a land plan, preliminary plat, final plat, replat, conveyance plat or variance by filing a Notice of Appeal in the Office of the Administrator, no later than ten (10) days after the date on which the Commission notifies the applicant of its decision. Such notification may take place by means of an oral ruling by the Commission at a public meeting. Written notice of any appeal shall be sent to the property owner. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal . The Council shall consider the appeal at a• public meeting not later than 45 days after the date on which the Notice of Appeal is filed. The Council may affirm, modify or reverse the decision of the Comission and may, where appropriate, remand the plat, land plan, or variance request to the Commission for further proceedings consistent with Cbuncil's decision. Revised 03/08/93 03/11/93 05/10/93 \udc\article.9 9 - 23 1I ARTICLE 10 URBAN Dpi AIDAND INFECN HIP =KAMM Section 10-100. Urban Design Principles. In order to provide developers and designers with direction regarding the creation of quality and well coordinated subdivisions within the City of Euless, these design guidelines have been developed. The quality of design of the urban area is dependent on the design quality of the individual subdivision that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. herefore, the design of each subdivision shall be prepared in accordance with the following provisions. • (1) The Neighborhood Unit: It is intended that the urban area shall be gde- sined as a group of integrated residential neighborhoods with activity centers and corridors and industrial areas. The following design principles are central to the neighborhood unit concept. (a) Perimeter Arterials: Neighborhoods are well defined when arterial streets can be routed around the perimeter of the neighborhood. (b) Collector Streets: Collector Streets should disperse local traffic to - II arterial streets without bisecting the neighborhood. Collector streets should be designed so as to discourage their use as crosstown, arterial streets. (c) Pedestrian Oriented: Children can walk to school and play areas through pedestrian ways or open space corridors separated frau streets and the hazards of moving automobiles. (d) Residential or Local Streets: Residential streets shall(' provide good access to residential units but should be planned so that they will not be used as through-traffic routes. Cul-de-sacs and curved street layouts should be used to promote law traffic volumes and preservation of residential character. ' (e) Schools and Parks: The elementary school and neighborhood park and playground should be located in the center of the residential area while major streets are routed along the perimeter. Each family should be within one-half (1/2) mile of the neighborhood center. (f) Neighborhood Retail: The neighborhood shopping center is located on arterial streets. This gives good access both from within and outside of the neighborhood. Residents of other areas can reach the shopping center without traveling through the neighborhood. (2) Physical Conditions: The arrangement of lots and blocks and the street system should be designated to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved. The system of streets and sidewalks, and the layout 1 10 - 1 ' and arrangement of blocks and lots should be deigned to take advantage of the natural and scenic qualities of the area. Land which the City Council finds to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations, utility or pipeline easements ' or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its surroundings, shall not be subdivided or developed unless adequate ' methods are formulated by the developer and approved by the City that will solve the problems created by the unsuitable land conditions. (3) Coordination Requirements: The following design requirements ensure that the proposed subdivision is coordinated with its immediate neighbors with respect to land use, street connections, utilities, drainage facilities, and the possible dedication of parks and open spaces. ' (a) Larger than Normal Building Lots: When a tract is subdivided into larger than normal building lots, such lots shall be so arranged as to ' permit the logical location and opening of future streets and possible resubdivision of lots with provision for adequate utility easements and convections. (b) Plat of Partial Property: when the plat to be submitted includes only part of the contiguous property owned or intended for development by the subdivider, a tentative plan of a proposed future street system ' for the urisubdivided portion shall be prepared and submitted by the subdivider. ' (c) Extension of Utilities: The subdivision plat shall provide for the logical extension of abutting and proposed utilities and drainage easements and improvements in order to provide for system continuity and to promote future development of adjacent areas. ' Section 10-200. Subdivision Loy-out Staff. ' The plan of a subdivision, which includes the lay-nit of streets, lots, blocks, set backs, and easements, and excluding the design of the infrastructure shall be governed by the regulations stated in this Section. ' (1) Lots: Subdivisions shall be divided into lots and blocks. Lots shall be the smallest unit of land parcels on which development may occur. The following standards shall apply for lots: ' (a) Minimum i Dimensions: Lots shall have a minimum width, depth and area of not less than that required for the zoning district in which the ' lots are located. Corner lots shall be increased in size whenever necessary to permit any structure placed thereupon to conform to the building line of each street in accordance with the zoning ordinance requirenents. ' (b) Double Frontage Lots: Double frontage lots are undesirable and will not be allowed where they can be avoided. ' 10 - 2 1 II (c) Side Lot Lines: Side lot lines, insofar as practical, shall be at right angles or radial to street lines. (d) Lots Abutting TWo Streets: Whenever a residential lot abuts two streets, one of which is an existing or proposed arterial street, the Planning and Zoning Commission may require access on the nonarterial street and nonaooess reservation along the rear property line. O nssequently, no driveway access shall access the arterial street. Lots at major street intersections and at all other points ut ere traffic flow may be affected shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than twenty-five (25) feet without decreasing the normal width of the sidewalk area. (2) Blocks: The lengths, widths, and shapes of blocks shall be determined with ' g due regard for the following standards: (a) General Characteristics: Blocks used for residential purposes should be of sufficient width to allow for two (2) tiers of lots of appropri- ' t ate depth. Exceptions to this standard shall be permitted in blocks adjacent to ajr streets, railroads, or waterways. (b) Length: Block lengths, generally, should not exceed one thousand (1,000) feet in length. (3) Building Lines: Building lines shall be shown on all lots intended for ' 4 residential usage. Whenever required by the Planning and Zoning Commis- sion, building lines shall be shown on lots intended for business usage. (4) Easements: its and fire lanes shall be provided by the lay-out design of the subdivisions to enable public access to utilities for the benefit and safety of the general public. The property owner shall be ' y responsible for the maintenance of easements and fire lanes and shall keep the easement and fire lane areas free of all permanent improvements. (a) Utility: Minimum utilityeasements of twenty (20) feet shall be provided along rear and side lot lines when necessary for use by public and private utilities. Provided, however, that the Planning and Zoning Commission may require easements of greater width for the extension of main storm sewers, water lines or sanitary sewers and other utilities when it is deemed necessary. (b) Drainage: Minimum drainage easements shall be required when a subdi- vision is traversed by a watercourse, drainage channel, stream or underground conduits. Minimum easements shall be adequate to provide for the drainage requirements as determined by the City Engineer and all access shall be provided to all easements detailed in this document. (c) Fire Lanes: Properties that have a number of buildings constructed, ' or properties that contain public facilities such as shopping centers, churches, office parks, etc., shall provide for access for emergency 10 - 3 � I IIvehicles. EMergency access lanes will be indicated on the plats and shall be of a width and configurations as required by the Fire Marshal of the City of I &less. (5) Survey Monuments and Markers: All subdivisions shall be measured in the field and documented by certified drawings by a Licensed Public Land II Surveyor. Monuments and markers established by surveyors shall camOywith the following regulations. II (a) Concrete Mbnuments: Concrete monuments shall reference official City Moana Concrete monuments at lease eight (8) inches in diameter by thirty (30) inches in depth, shall be placed at the four extreme corners of subdivision covering an area in excess of five (5) acres. II Where extreme corners would be closer than five hundred (500) feet, one nonunent will be repositioned to the next nearest corner at lease five hundred (500) feet away. Subdivisions less than five (5) acres II in area shall have monuments located at the northeast most and south- west most corners. The exact intersection point on the monument shall be marked by a copper pin or cap one-fourth (1/4) of an inch in I diameter embedded at least three (3) inches into the ncnument. The top of the nonunent shall be placed flush with the finished grade. Horizontal and vertical control for each nonunent shall be placed on the plat consistent with the NGVP 1929 datum and the NAD 1983 datum. II These mcmunents shall be tied to aminimmt of two (2) established City brass cap inanuments by coordinate and elevation. IIlaterommaltrMteremae /trwments: STRIKE (b) Lot Markers: Lot markers shall be a one-half (1/2) inch by twen- I ty-four (24) inch metal, concrete or other reasonably permanent material and shall be placed flush with the ground, or countersunk, if necessary, in order to avoid being disturbed. II (6) House and Business Numbers: House and business addresses shall be allo- cated to lots. Addresses will be in general compliance with the City's Address Grid Map and follow the convention of even numbers on the right II side of the street when going away from the City center (Main Street at Hwy 10 "EUleiss Blvd.") and odd numbers on the left side of the street when going away from the City center. One address will be assigned per platted lot, with building designations assigned by the property owner and shall II follow a logical sequence allowing for emergency services identification and future expansion of the site. II (7) Parks, Schools. and Playgrounds: Sits suitable for parks, schools, playgrounds or other public usage, as required by the City, should be carefully considered in collaboration with the City Planning and Zoning IICommission and so indicated upon the Preliminary Plat. This is done so that these sites can be checked for conformity with the recommended loca- tions indicated upon the master plan and so that these sites can be duly placed upon the Final Plat for dedication. Such sites should be in confor- II mity with the general requirements of the City Planning and Zoning COmmis- sion in keeping with modern city planning principles. They shall be of adequate size as recommended by the City Planning and Zoning Commission and IIas may be required by the City under its policies and specifications. The II City Planning and Zoning Commission may require the owner or subdivider to obtain a letter from the appropriate independent school district stating that provisions for the site of future schools, if such be required, are adequate. If a schoolsite is not required, the letter is to so state. II (8) flood Prone Land: Land subject to flooding, land designated by the Federal Emergency Management Agency as flood prone and land deemed by the Planning and Zoning Ccamission to be uninhabitable may be platted; however, such land shall be encumbered by a drainage easement. II Section 10-300. Street Improvemenbs Standards. Any owner of land, subdivider, his or their engineer, land planner or any other person making a street layout for any parcel of land or subdivision shall design the street layout in accordance with the following design standards. (1) General Conformance: In general, the proposed subdivision shall conform to the general projected future land use pattern as outlined by the master plans of the City that has been formulated and adopted by the City Planning and Zoning Commission. (2) Variations and Modifications: Variations and modifications of the general requirements as outlined in this Article will be made by the Planning and Zoning Commission when, in its judgment, special or peculiar factors and conditions warrant such variations and do not affect the general applica- tion or spirit of the rules and regulations or the master plans of the City. (3) Street Classifications: The arrangement, classification, character, length, width, grade and location of all streets shall conform to the City of Euless Master Thoroughfare Plan. The standard widths of streets shall be designed in accordance with the following: Street Type Minim= RCM Minimum Pavement Width Width (in feet) (in feet) Major Arterial 80 - 160 48 - 100 Minor Arterial 80 - 100 36 - 86 Collector 60 - 68 36 - 48 Local 50 30 CU-de-sac Radii 70 50 (a) Major Arterial: The subdivider shall be required to dedicate appro- priate right-of-way for major arterial streets required within or abutting said subdivision in accordance with the Master Thoroughfare Plan. The right-of-way and pavement widths shall be in accordance with the adopted thoroughfare plans used by the City. The width of paving shall include channelization and storage lanes as may be appropriate, as determined by the City Engineer. 10 - 5 II II II (b) Minor Arterial: The subdivider shall be required to dedicate appro- priate right-of-way for major arterial streets required within or abutting said subdivision in accordance with the Master Thoroughfare Plan. The right-of-way and pavement widths shall be in accordance II with the adopted thoroughfare plans used by the City. The width of paving shall include channelization and storage lanes as may be appropriate, as determined by the City Engineer. II (c) Collector: These streets shall be constructed in new subdivisions by the subdivider. The City will pay all increased costs associated to II the extent said costs exceed that necessary to build a residential street as defined herein; subject to City Council approval and the availability of funds. II (d) Local: These streets shall be constructed in new subdivisions by the subdivider. II (e) Cul-de-sacs: %hen the Planning and Zoning Commission determines that the most desirable residential plan requires laying out a dead-end street, the street shall terminate in a cul-de-sac; said dead-end street shall be no more than six hundred (600) feet long, unless II topography, density, adequate circulation, or other unusual conditions necessitate a greater length. II (4) Dead-end Streets: EXcept in unusual cases, dead-end streets will not be approved unless such dead-end streets are provided for in such a Danner that will permit connection with future streets in adjacent platted land. I Cturts, cul-de-sacs or "places" nay be provided where the shape of a portion of the proposed subdivision or the terrain of the land would make it difficult, uneconomical or unreasonable to plat with connecting streets. Aturnaroundmust be provided at the closed end having an outside radius of II not less than fifty (50) feet. In general, no reserve strips controlling access to land dedicated or to be dedicated to public use shall be permit- ted. II (5) Access to Arterial Streets: %here a residential subdivision borders on or contains an existing or proposed arterial street, the Planning and Zoning COmmission shall require that access to such streets be limited by the IIfollowing: (a) Non-access Reservation Strip: The subdivision of lots so as to back II into the primary arterial and front onto a parallel local street with a non-access reservation strip along the rear property line to prevent ' - access from the arterial; II (b) No Through Street: Providing a series of cul-de-sacs, U-shaped local streets, or short loops entered from and designed geerally at right angles to a parallel street, with the rear lot lines of their terminal 4 IIlots backing into the arterial street. (6) Access to Subdivision: Single access points for subdivisions are not II desired, but if they are necessary the entry must be a parkway design type with a minimum of four (4), twelve (12) foot lanes and a minimum of a four (4) foot median. II 10 - 6 1 � (7) Offsets in Streets Alignment: Offsets in street alignment shall be avoid- ed. When a subdivision staset is intersected by two (2) other subdivision streets, the intersecting streets should form a cross-intersection ar two tee intersections offset at their centers by at least one hundred fifty (150) feet. In the case of two (2) collector or arterial street intersec- tions. a larger street offset may be required to allow for left turn storage between intersections. Intersections of five (5) or more approach- es shall not be permitted. The preferred angle of intersection of inter- secting ntersecting streets is ninety (90) degrees. Acute angles between streets in subdivisions at their intersection shall be avoided: provided, that when intersecting angles sharper than eighty (80) degrees are deemed necessary by the City, the property line in the small angle of the intersection shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than twenty-five without decreasing the normal width of the sidewalk area. property lines is 800 or less, a line of sight triangle easement.pmahibit ing sight obstruction shall be deeded. (8) Curbs and Otters: All streets shall be designed with concrete curb and ' gutters as per City's Standard Detail Sheets. (9) Curve Requirements: Ctrvilinear streets will be permitted. Major thor- oughfares may have a minimum radius at the center line of the street of nineteen hundred twenty (1,920) feet. Collector streets may have a minimum radius at the center line of the street of one thousand (1,000) feet. Minor residential streets may have a minima i m m, radius of six hundred (600) feet. In special circumstances, the City Planning and Zoning commission may approve of shorter radii where the circumstances justify such action upon recommendation of the City Engineer. ' (10) Street Glades: Major thoroughfares shall be limited to a maximum grade of five (5) per cent unless the natural topography is such that steeper grades are essential. In this case, grades up to seven and one-half (7-1/2) per cent may be used for a distance not to exceed two hundred 1200) feet maximum in any one continuous distance. Collector streets shall be limited to a maxim-an grade of seven and ane-half (7-1/2%) per cent. Minor residen- tial streets shall be limited to a maximum m+ grade of ten (10) per Cent. The minimum mm grad,e of any street shall be not less than six tenths (0.6) of one per cent. Grade changes in the center line of streets with an algebraic difference in grades of more than two (2) per cent shall be axinec ted with vertical curves. The street grading, grades and vertical curves shall be such that the sight distance is not less than six hundred (600) feet on main thoroughfares, and not less than four hundred (400) feet on all other streets. Where cross slopes are desirable or necessary from one curb to an opposite curb, the cross slope shall not be more than twelve (12) inches in thirty (30) feet. ' (11) Street Connections with Adjacent Subdivisions: In order that proper relationship of new subdivision streets may be maintained with adjoining streets and land, the system of streets in a new subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions that have been platted. There must, in general, be a reason- : 10 - 7 able projection of streets into the nearest subdivided tracts, and the same must be continued to the boundaries of the tract subdivided, so that other subdivisions may be connected therewith. (12) Provisions for FUture Streets: Where a tract of land is subdivided into parcels that are larger than normal building lots, such parcels shall be arranged to permit the opening of future streets and a logical ultimate resubdivision. (13) Alleys. COmmercial Property: Alleys, or adequate loading areas, shall be provided for commercial property. Alleys shall be a minium of twenty (20) feet in width and shall consist of a concrete paving as approved by the City Engineer. (14) Alleys. Residential Property: Alleys shall not be required in residential districts, with exception to instances there the extension of an alley would be consistent and appropriate relative to existing and adjacent subdivisions. Permitted alleys shall be a minimum of twenty (20) feet in width and shall consist of a paved surface as approved by the City Engi- neer. (15) Obstructions of View or Sight: On any lot on the street side, or sides if it is a corner lot, no wall, fence or other structure shall be erected, and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location as to obstanmtthe view. The definition of "obstruction" is any fence, wall, hedge, shxutbery, etc. , II higher than thirty-six (36) inches above adjacent top of curb at property line to a point fifty-two (52) inches above adjacent top of curb at the building line on a lot is hereby declared to be an obstruction to view, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. No solid fence shall be constructed in front of the building line on any lot including corner lots, except as defined above. Sight visibility triangles will be required to dedicated and maintained at these intersections. The legs of the triangles will be determined by the angle of the intersection. (16) Sidewalks: Sidewalks on both sides of all public rights-of-way shall be installed by the subdivider at time of public improvement. The minimum paving width in single family residential areas shall be four (4) feet and in all other areas five (5) feet along the right-of-way line. The side- walks shall be located one (1) foot from property line between the curb and property line. Sidewalks shall be located along major thoroughfares where lots do not adjoin the streets, along power line easements and in other areas where pedestrian walkways are necessary. Hike and bike sidewalks shall be built by the developer along streets designated for hike and bike • trails or as required by the Planning & Zoning Commission. All sidewalks • shall be at-grade at driveways in accordance with the Americans with Disabilities Act of 1990. 10 - 8 (17) Handicap Rams: Handicap ramps shall be installed at all intersections in accordance with the Americans with Disabilities Act of 1990. Section 10-400. Water and Wasstewater Incroveuent Standards. The developer shall install a complete water distribution system and complete wastewater collection system to serve proposed subdivisions. Individual water taps, including approved meter boxes set to grade, shall be installed. with ' a. proposed systems. Individual water service and wastewater service locations shall be permanently marked with a stamp ("W" for water, and "S" for sanitary sewer) on the face of the curb; or if no curb is constructed, on the top of the pavement. The markings shall be a minimum of four (4) inches in height. All new water and wastewater lines crossing under existing paved streets shall be bored or jacked, casing pipe installed, and pressure grouted immediately upon completions of bore. All approved meters, valves, pipe material, acceptable products and construction details are contained in the City of Euless' Standard Detail sheets as provided by the City Engineers office. (1) Water: The developer shall install a c mplete water distribution system to serve his subdivision. the size of lines to be installed shall be deter- mined by the City master water plan and the type of development to be served. (a) Size of Feeder Mains: Feeder mains shall not be smaller than eight (8) inches in diameter and if possible the system shall be looped. Dead end lines shall be avoided where possible and in no instance shall any dead end line exceed six hundred (600) feet in length. All dead end lines shall have an approved blow-off/sample station. (b) Location: Water mains shall be located between the back-of-curb and right-of-way line on the north and east sides of public streets. (c) Valves: Approved gate valves shall be installed on water lines as required for control of the system, to properly isolate mains for _ maintenance and where needed as determined by the City Engineer. A two and one-half (2 1/2) foot square concrete pad with appropriate openings, shall be constructed at ground level around the valve. (d) Fire Hydrants: Approved fire hydrants shall be installed on water systems at intervals of five hundred (500) feet minimum radius when serving residential areas of nine (9) units per acre or less; and at intervals of three hundred fifty (350) feet minimum radius in all other land uses and residential densities. Fire hydrant spacing along a water main shall not, in any case, exceed 600 feet in single family residential areas and 300 feet in commercial, industrial and heavily congested residential areas. (1) All water lines mist be looped unless specifically approved by the City Engineer. All lines must be pressure tested and meet all Federal and State testing requirements. No more than one (1) fire hydrant will be allowed on six (6) inch lines unless approved by the City Engineer. All fire hydrants shall be valved. A blue traffic button shall be located in the street one 10 - 9 (1) traffic lane width in front of the curb directly in front of the fire hydrant. Fire hydrants shall be primed and painted with a machine implement grade enamel paint. The body of the fire hydrant shall be painted "fire engine" red and the bonnets or tops of the hydrants shall be painted with reflective paint in accordance to the size of the main to which the hydrant is connected, as indicated below: 1. Six (6) inch diameter water lines = RED Reflective Paint 2. Eight (8) inch diameter water lines = WHiTE Reflective Paint 3. TWelve (12) inch and greater diameter water lines = BLUE Reflec- tive Paint (e) Material: Water mains shall have a minimum cover of forty-eight (48) inches to finish grade and shall be constructed of materials as permitted by the City's specifications or approved by the City Engi- neer. (f) Backfill: All lines must be backfilled with the appropriate material and compacted as determined by the design specifications as adopted by the City. (g) Installation: All water main pipes shall be bedded with a minimum of six (6) inches of cushion sand (or approved material) under the pipe and a minimum of twelve (12) inches of cushion sand (or approved material) over the pipe. The rest of the trench shall be filled with density controlled compacted crushed limestone base material placed in lifts not to exceed eight (8) inches in depth. (h) Blocking: In order to protect installed pipelines from the deterio- rating force of a pressurized system, fire hydrants, valves, pipe ends, and pipe angles or any alignment change shall be blocked with concrete. (i) Water meter location: (2) Wastewater: The developer shall install a complete sewerage collection system to serve the subdivision. (a) Size of Wastewater Collection Line: The size of line shall be deter- mined by the City master sewer plan and the type of development to be served; however, collection lines shall not be less than eight (8) inches in diameter except when serving 1Pss than two hundred (200) feet and no more than two (2) manholes are required upstream. (b) Location: Wastewater collection lines shall be located between the back-of-curb and right-of-way line on the south and west sides of public streets. (c) Material: Wastewater collection lines shall be constructed of materi- als as permitted by the City's specifications or approved by the City Engineer. 10 - 10 1 . ' { (d) Installation: Wastewater collection lines shall be installed a minimum of four and one-half (4-1/2) feet below the finished grade of adjacent tap-of-curb or pavement or adjacent property to be served (whichever is lower in elevation) and shall if possible maintain a minimum mim of four and one half (4-1/2) feet of cover. Wastewater collection lines shall be bedded with a minimum of six (6) inches of cushion sand (or approved material) tinder the pipe and a minimum of twelve (12) inches of cushion sand (or approved material) over the pipe. PVC joints shall be rubber locked ring-type. (e) Backfill: All lines must be backfilled with the appropriate material and =impacted as determined by the design specifications as adopted by the City. (f) Grades: Wastewater collection lines shall be designed to have a miniflum mean velocity flowing full of two and one half (2-1/2) feet per second (fps). The minimum slope of the line shall conform to the minimums reoamm riled by the 'Mos Department of Health (TDH) and/or the Texas Water Commission and maximum velocity shall not exceed ten (10) fps, (g) Manholes: Manholes shall be located at all intersections of waste- water collection lines, changes in grade, changes in alignment, and at distances not to exceed 500 feet. Manholes shall be constructed of precast reinforced conte pipe or cast in place concrete and fiber- glass will be allowed in certain situations only. Brick manholes will not be allowed. Where PVC pipe enters manholes, an approved coupling with rubber ring joint shall be used to provide a watertight connec- tion. A concrete pad measuring four (4) square feet shall be poured at ground level around the lid of the manhole. (h) Drop Manholes: Drop manholes shall be used at locations where the elevation of the incxxning wastewater collection line is two (2) feet or greater from the elevation of the outgoing line. Construction shall be the same as the standard manhole. constructed at theend of all (i) Cleanouts: Cleanouts shall be upper wastewater collection mains. Cleanouts shall be constructed of the same material and same size as the wastewater collection main. The top shall have a cast iron boot with cover. A two and a half (2-1/2) foot square by six (6) inch thick concrete pad shall be placed around this boot. Cleanout locations shall be stamped in the nearest street/curb. (j) Lift Stations: Lift stations shall be designed in accordance with the criteria of the State Regulatory Agency. Design data will be submit- ted and approved by the City Engineer or Public Works Director on a case-by-case basis. Lift stations will be allowed only when no other feasible alternative will work. 1 10 - 11 1 ' Section 10-500. Stonater imprommwslt Standards. Developers shall be required to design and construct stormwater I rovements to ' protect the general health, safety and welfare of the public by reducing flood- ing potential, controlling excessive runoff, minimizing erosion and siltation problems, and eliminating damage to public facilities resulting from uncon- trolled storm water runoff. Increased stormwater runoff attributable to new ' development nust not exceed the capacity of the downstream drainage system or adversely affect adjoining property. mere the proposed runoff would exceed capacity, the City may accept the phasing of development, the use of control ' methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation. (1) Method of Measuring: The determination of design discharge of storm ' drainage water shall be accomplished in accordance with the following criteria: ' (a) Development Assu ption: All calculations shall be performed assuming 100% urbanization of the affected drainage area. Land uses for ultimate development will be determined by existing zoning unless ' otherwise approved by the City. Land use for drainage areas or portions of drainage areas laying outside of the corporate limits of Euless shall be determined by the zoning maps of the respective cities. (b) Rational Method: The Rational Method (Q CIA) shall be used on small watersheds of 750 acres or less. ' (c) Unit Hydrograph: Unit hydrograph techniques, shall be used for areas greater than 750 acres. The technique and data to be used for the determination of the design discharge shall be approved by the City Engineer prior to the completion of calculations. A complete set of all detailed calculations must be submitted to the City Engineer for approval prior to the completion of the plans for the drainage system. ' (d) Design Flow: The design flow shall be based on a twenty-five (25) year return frequency except for bridges, culverts, underpasses, and open ditches. For the latter, storm drainage design flaw shall be based on a one hundred (100) year return frequency storm. The twen- ty-five (25) year flow must be contained within an enclosed system. The one hundred (100) year flood nust be conveyed within the dedicated ' right-of-way or drainage easements. (e) Intensity and Duration: The intensity and duration of the rainfall ' shall be based on Technical Paper No. 40 of the Weather Bureau of the United States Department of Commence (City of Fort Worth Intensity Curves) for the various frequencies. ' (f) Runoff Coefficients: The coefficient of runoff to be used in the calculations shall be as follows: 10 - 12 Description of Area Coefficient • Business Areas 0.95 Industrial Areas 0.95 Multi-family Residential 0.70 Other Residential Areas 0.65 Park and Permanent Open 0.35 SPaces The time coefficient of runoff for undeveloped land shall be the appropriate coefficient for the ultimate land development as shown on the Future Land Use Map of the latest City Master Plan. (g) Time of Concentration: The time of concentration is defined as the longest time that will be required for a drop of water to flow from the upper limit of the drainage area to the point of concentration. Time of concentration is a combination of the inlet time and the time of flow in the storm drainage facility. Inlet time is composed of overland flow time plus the time of flow in the gutter required to reach the inlet. 1. In calculating gutter time the following are to be assumed to be gutter velocities: Slope of Otter Assumed Velocity (in feet per second) 0.4% 1.4 1.0% 2.2 . ' } 2.0% 3.1 3.0% 3.8 4.0% 4.3 5.0% 4.9 F 6.0% 5.3 8.0% 6.1 10.0% 6.9 ' 2. The minimum inlet times of concentration are show below: Description Time in Minutes* Parks and Permanent Open Areas 20 Minutes Residential Areas 15 Minutes Multi-Family, Business & Industrial 10 Minutes *In cases where it is evident that the actual time of concentration is ' F. less than that indicated above, a shorter time of concentration should be used. (2) Curb Height: Curb height on all streets shall be not more than eight (8) inches and at least equal to the depth of water at design flow. 1 10 - 13 ' i t ' (3) Maximum Water Depth: Maximum depth of water to be allowed in streets at design flow shall be determined by the classification of the street on the major street plan of the City and as set forth in Section 10-500(5)(b) [S'1 of Water]„ but not more than eight (8) inches, as determined from II street width and slope. (4) Finish Floor Elevations: Finish floor elevations shall be required to be ' shown on all lots that either lay within or are adjacent to a designated 100 year flood plain. Finish floor elevation shall be two (2) feet above any 100 year flood elevation as determined by FEMA or in the absence of ' FEMA information as determined by an engineering hydraulics study approved by the City Engineer. (5) Drainage Features and Policies: In order to define drainage conditions and ' the policies associated with those conditions the following criteria and regulations are provided: ' (a) 1A/pes of Drainage Features: The three (3) types of drainage features that are addressed in this subsection consist of the following: ' a. Closed drainage systems; b. Reinforced concrete lined channels; c. Natural channels ' (b) Spread of Water: During the design storm, the quantity of storm water that is allowed to collect in the streets before being intercepted by a storm drainage system is referred to as the "spread of water". In determining the limitations for carrying storm water in the street, the ultimate development of the street shall be considered. The use of the street for carrying storm water shall be limited as follows: ' Thoroughfares = Tao (2) traffic lanes to remain clear collectors = One (1) traffic lane to remain clear Residential Streets = Six (6) inch depth of flow at the curb or no ' lane completely clear (6) Closed Drainage Systems: Storm water in excess of the stated quantities ' allowed to be carried in the streets shall be handled in storm sewer pipe, or shall be handled in open ditches not in the street right-of-way. Capacity of storm sewers and ditches shall be calculated by Kutter's or Manning's formula or other approved methods. Storm water runoff shall be ' carried in a storm sewer pipe when either of the following apply (headwalls shall be constructed at the outfall of all storm systems.): a. The runoff can be carried in a pipe of seventy-two (72) inches in diameter or smaller; or b. Where it is necessary for the protection of adjacent facilities that the storm water be carried in an enclosed facility. (7) Reinforced Concrete Lined Open Channels: Reinforced concrete lined open channels should be used when the criteria outlined in Section 10-500(5) [Closed Drainage Systems] is exceeded. Reinforced concrete lined channels shall conform to the following: ' 10 - 14 1 (a) "CA" Factors Less than 250: Channels draining an area with a "CA" factor of two hundred fifty (250) or less shall be lined with rein- forced concrete in a manner which will contain the design frequency storm plus one (1) foot of freeboard within the concrete lining: (b) "CAP Factors Between 250 and 500: Channels draining an area with a "CA" factor of more than two hundred fifty (250) but less than five hundred (500) shall be concrete lined to contain the runoff from a twenty-five (25) year return frequency storm with the balance of re- quired design frequency storm contained within grassed slopes no steeper than three (3) horizontal to one (1) vertical and with a minimum m m of one (1) foot freeboard; (C) "CA" Factors Greater than 500: Channels draining a area with a "CA" factor of more than five hundred (500) shall be governed by criteria designed for the individual situation. (8) '4atural Channels: Channels may be preserved when criteria in Section 10-500(6)(c) ("Ca" Factors Greater Than 500] is met or when the developer desires to preserve the natural channels within his addition for the purpose of aesthetics and/or open space and when approved by the City Engi- neer according to the procedures prescribed for plat approval. The follow- ing criteria shall apply when it is desirable to preserve natural channels: (a) Application for Preservation of Natural Channel: An application for . preservation of a natural channel shall be submitted through the ' K Director of Planning and Development for review by the City of &iless a minimum of twenty-one (21) days prior to the approval of the prelim inary plat. This application shall contain the following information furnished by the developer: 1. Topographic, hydrologic and hydraulic information sufficient to I properly evaluate the proposal; 2. When the natural channel to be preserved is one which has had a IIfloodplain information report prepared by the Corps of Engineers or other governmental agencies, the identified one hundred (100) year return frequency storm shall be shown to the extent that it affects the property in the application. In addition, it shall be demonstrated and stated on the plans that the proposed im- provements will Comply in all respects with the criteria outlined in Section 1910 of the national flood insurance regulations as amended promulgated by the Federal Insurance Administration. A hydrologic report also shall be provided to determine and identi- fy the one hundred (100) year flood plain after the proposed improvements are in place. 3. When a governmental report does not exist, a civil engineering and hydrologic survey and report must be provided to determine the existing and proposed one hundred (100) year flood plains. ' 3 d10 - 15 � ' (b) Criteria for Charnels Measuring Less than a "CA" of 500: When the drainage feature measures less than a "CA" of five hum (500), the proposed improvement shall be constructed with a reinforced concrete pilot channel not less than six (6) feet in width and having at least ' eight (8) inch vertical curbs and a depressed invert with a minimum mum of transverse slope of two--thirds (2/3) inch per foot. The remainder of the channel shall consist of earthen side slopes with proper ' vegetative cover on slopes no steeper than two (2) horizontal to one (1) vertical below the elevation required for the design frequency storm and three (3) horizontal to one (1) vertical above. In the ' special cases approved according to the procedure prescribed for plat approval, large single tract developments may be governed by criteria designed for the individual situation. ' Cases- of this nature shall be considered only where the applicant demonstrates substantial preservation of aesthetics and/or open space. the mere reduction of development costs will not be considered as ' justification for this variance. A Perpetual Maintenance Agreement shall be provided in accordance with the requirements of this document to include all maintenance responsibility for the facility. (c) criteria for Channels Measuring a "CA" Greater than 500: When the drainage feature measures greater than a "CA" of five hundred (500), the following criteria shall also be met: ' 1. All land having an elevation below the twenty-five (25) year return frequency flood elevation shall be contained within an ' easement dedicated to the public for the purpose of providing drainage. The twenty-five (25) year return frequency storm shall be determined on the basis of a fully-developed watershed accord- ing to the latest available master plan; 2. All channel improvements such as reshaping, realignment, etc., shall be protected with sodding, back sloping, cribbing, and I other bank protection designed and constructed to control erosion from the twenty-five (25) year return frequency storm; ' 3. An analysis shall also be made to determine the limits of the one hundred (100) year return frequency flood. The one hundred (100) year flood must be maintained between the top of banks of the channel unless approved by the City Engineer. A flowage easement ' shall be dedicated to limit the construction of any structures in the area bounded between the one hundred (100) year and twen- ty-five (25) year return frequency storms as indicated above. ' The term structure shall be construed to include any and all types of fences, portable buildings or any man-made device which could be construed to be an obstacle to the flow of water; ' 10 - 16 1 � 4. The following velocity controls shall be applied to channels with { earthen banks: Description Velocity (in Feet per Second) Unlined Banks in Clay 8.5 fps Soil with Grass Cover Unlined Banks in Sand or 5.0 fps Silty Soil with Grass Cover _. 5. A Perpetual Maintenance Agreement in form prescribed by the City of niless shall be executed by all parties awning any interest in the property abutting upon, adjacent to, or included within such channel and flowage easement provided for in the document. Such Perpetual Maintenance Agreement shall be filed of record and shall establish an affirmative burden, charge and duty on the part of all existing and future parties owning any interest in the property abutting upon, adjacent to, or included within such channel and flowage easement for the maintenance of the channel and flowage easement with regard to vegetation, erosion control and the control of trash and debris. The right, without a duty to do so, shall be given the City of Euless to enforce such Perpetual Maintenance Agreement, and, if it so elects, to perform necessary maintenance, the pro-rata cost of which may be charged as a priority lien and assessment against the property and the owners thereof abutting upon, adjacent to, or included within such channel and flowage easement. ' F (9) Catch Basins: Sufficient and adequate catch basins shall be installed to allow entry of required quantity of water into storm sewers. Catch basin inlet openings shall be seven (7) inches high and there shall be at least one (1) linear foot of catch basin inlet opening for each cubic foot per second of water to be discharged into the catch basin. (10) Street Grades: Street grades shall be such that excessive sand deposition from too low a water velocity or pavement scouring from too high a velocity is to be avoided as far as practical. Street grades are normally to be not less than six (6) feet nor more than seventy-five (75) feet fall per one thousand (1,000) linear feet and shall never be less than six (6) feet per one thousand (1,000). Storm sewers shall be provided and all water is to be diverted from the streets into the storm sewers, regardless of the quantity. Use of asphalt pavement will not be allowed when the water velocity exceeds eight (8) feet per second at design flow. (11) ValleyGutters: Valleyshall be gutters provided to carry the water flow across all intersections. Valley gutters shall be of concrete construction and shall be six (6) inches thick and eight (8) feet wide. (12) Water Dimmed frown Street into Watercourse: Where water is dumped from a street directly into an open watercourse, it shall be dumped through an 11 approved type of catch basin, or through a retard lined with concrete. 10 - 17 I II •II (13) Height of Curb Where Water Directed: Where a flow of water is directed towards a curb and is required to turn in direction, the height of the curb against which the water is directed shall be not less than the depth of water flow plus the velocity head of the water plus two (2) inches. II (14) Open Ditches and Channels: All open ditches in subdivisions that are used to carry surface runoff shall be lined in accordance with the criteria out- I lined in this Document. The required improvement shall extend across the entire areas of each subdivision being developed and off-site improvements shall be as required by the Document or City Engineer. Lining of drainage ditch floors shall be done with six (6) inches thick or thicker concrete. I Walls shall be a minimum of five (5) iixth thick concrete sloped not steeper than one (1) foot vertically to one and one half (1-1/2) feet horizontally. I All open channels shall have a minimum bottom width of four (4) feet. The height of the lining shall be adequate for the calculated depth necessary to meet the requirements of this Document. Side slopes of the channel •II above the lining shall, not be steeper than one (1) foot vertical to three (3) feet horizontal. Ramp access must be provided for maintenance purpos- es. I• (15) gasements, etcu ,. for Drainage Structures in New Subdivisions: In new subdivisions, the developer shall provide all the necessary easement and right-of-way required for drainage structures, including storm sewers and II open lined channels. Easement width for storm sewer pipe shall be not less than twenty (20) feet, and easement width for open channels shall be at least twenty (20) feet wider than the top of the channel, fifteen (15) feet II of which shall be on one side to serve as access way for naintenance purposes. Access for maintenance must be provided also. (16) Off-site Drainage: Mere drainage is impacted or impacts the proposed Isubdivision, the following criteria shall be observed: (a) Responsibility of Owner/Developer: The owner or developer of the II property to be developed shall be responsible for all storm drainage flowing on his property. This responsibility includes the drainage directed to that property by prior development as well as drainage naturally flowing through the property by reason of topography. II (b) COnsideration of Discharge: Adequate consideration shall be given by the owner in the development of property to determine how the dis- II charge leaving the proposed development will affect downstream proper- ty. II (c) Control of Runoff: In all new developments where storm water runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewer unless proper drainage improvements are made, drainage easements II are provided, and the water is released in a non-erosive manner that meets all federal, state and local rules and regulations. II (d) Financial Responsibility: The subdivider shall pay for the cost of all drainage improvements required for the development of his subdivi- I 10 - 18 F 1I 1 sion, including any necessary off-site channels or storm sews and acquisition of the required easements with the following eweption: If the owner is unable to acquire the necessary off-site easements, he shall provide the City with documentation of his efforts, including evidence of a reasonable offer made to the affected property owner. Upon such a written request for assistance, the City shall attempt to acquire these easements through negotiations. In certain situations the City may consider condemnation. In any case, all costs associated with the acquisition of these easements shall be paid by the owner. (e) Overloading Downstream Facility: Where it is anticipated that addi- tional runoff incident to the development for the subdivision will overload an existing downstream drainage facility, whether natural or man made, and result in hazardous conditions, the Planning and Zoning commission may withhold approval of the subdivision until appropriate provision has been made to accommodate the problem. mere it is determined that existing capacity is not available immediately down- stream, the owner's engineer shall design a drainage system, detention ' facility or parallel system to mitigate the deficiency. Plans shall be provided which include all necessary off-site improvements in- cluding storm sewer systems, channel grading, driveway adjustments, culvert improvements, retention and detention basins, etc. (17) Bridges: Bridges are to be constructed at all street crossings over the major streams in the City and shall have the proper dimensions to fit the proposed channel sections given in the drainage section of the City master plan. (18) Alternate Facilities: Other innovative drainage concepts will be consid- ered ered if approved by the City Engineer. Section 10-600 Street Light Improvements. ' Street lights on rust resistant metal standards are required in all subdivisions developed after the effective date of this Document, consistent with the follow- ing criteria: (1) Minimum Capacity of Luminaries: The minimum capacity of luminaries abut- ting butting local and collector streets shall be one hundred (100) watt high pressure sodium (8500 lumens initial rating) or an approved equal. The minimum capacity of luminaries abutting minor and major arterials shall be two hundred fifty (250) watt high pressure sodium (8500 lumens) or an approved equal approved by the City Engineer. (2) Locations: Street lights shall be installed at all intersections, at the end of cul-de-sacs, and at additional locations not less than two hundred (200) feet apart. Locations shall be designated so as to provide an average separation of approximately five hundred (500) feet. Variations shall occur only where lot widths and/or other conditions necessitate. , a (3) , x n on Preliminary Plat: The subdivider, in cooperation with TU Elec- tric, shall designate proposed street light locations on the Preliminary Plat. 10 - 19 1 1 ' (4) Approval by the City Engineer: The City Engineer shall approve street light locations and may require relocation of designated street lights and/or addition or deletion of street lights. (5) Associated Costs: All costs associated with the construction and installa- tion of street lights in subdivisions developed after the effective date of this Document shall be paid by the subdivider. Payment of said costs shall ' be a prerequisite to approval of the Final Plat of the subdivision and acceptance of the 11 II (6) assumed Costs: Upon installation and acceptance of any public street light at a location established in accordance with the above guidelines and subject to maintenance bonds, the City of Euless shall assume the monthly power and maintenance cost charges set in the current rate schedule. Section 10-700 Standard Specificaticns. ' The basic uniform specifications, as prepared by the North Central Texas Council of Governments and with local amendments, shall be utilized for all public works projects installed within the City's jurisdiction. Use of these specifications ' will accomplish the following: a. Complement other City project design standards and specifications. ' b. Allow common interpretation of provisions for all disciplines involved in public works construction. ' c. Simplify the bidding process for both the City and contractors. d. Provide a continuing amendment process to meet the changing demands of new technology, new materials and improved methods. ' e. Reduce City expenditures associated with Staff or consultant develop- ment of specifications and training of construction inspectors. f. Result in decreased construction costs for public works projects. Copies of the standard Specifications for Public Works Constructions are avail- able for purchase from the Administrator or from the North Central Texas Council of Governments, P.O. Drawer COG, Arlington, Texas 75006-5888. In the event these specifications are in conflict with the City of Euless' standards, the ' City's standards shall prevail. Revised 04/23/93 06/01/93 ' 10/18/93 ' /ljlindc/article.l0 10 - 20 i ARTICLE 11 ASS RAID RA C CHP EITON AICD MAI C, M VEMEN S ' Section 11-100. and Subdivision I txgreeoent. (1) Completion of Improvements: Except as provided below, before the final. plat is signed by the Chairman of the Commission or Administrator, all applicants shall be required to complete, in accordance with the City's decision and to the satisfaction of the City Engineer, all the street, sanitary, and other public improvements, as well as lot improvements on the individual residential lots of the subdivision or addition as required in these regulations, specified in the final plat, and as approved by the Commission, and to dedicate those public improvements to the City. As used in this Section, "lot improvements" refers to grading and installation of improvements required far proper drainage and prevention of soil erosion. (2) laprovemart ?greement and Guarantee: (a) Agreement: The Commission, upon recommendation of the Administrator, may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final ' plat, and may permit the property owner/developer to enter into an improvement agreement by which the property owner/developer covenants to complete all required public improvements no later than two (2) years following the date on which the final plat is signed. The Commission may also require the property owner/developer to complete and dedicate sane required public prior to approval of the final plat and to enter into an improvement agreement for completion of the remainder of the required improvements during such two--year period. The owner shall covenant to maintain n the required public improvements for a period of one (1) year following the acceptance by the City of all required public 11 improvements and shall provide a warranty that all required public improvements will be free frau defect for a period of two (2) years following such acceptance by the City. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner/developer and the City. Nothing in this section shall nullify the City's obligation to participate in the construction of oversize facilities. b rove ment for Oversize Reimbursement: The ( ) shall require agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs as provided in Article 12. Upon the recommendation of the CityII 1 Fl�tgineer, the Planning and Zoning Commission shall authorize the approval of such agreement as meeting the requirements of the City, and the City shall not withhold 1 approval as a means of avoiding compensation due under the terms of II ordinance. 1 � r ' 9 11 - 1 ' (c) Dovenants to Run with the Land: The improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs and assignees of the ' property owner/developer. The Improvement Agreement shall be recorded in the Land Records of the County. All existing lienholders shall be required to subordinate their liens to the covenants contained in the Agreaaent. MI (d) Security: Whenever the City permits a property among/developer to enter into an improvement agreement, it shall require the owner to ' de sufficient security,ty, coveting the completion of the public improve. The security shall be in the form of cash escrow or, where authorized by the City, a letter of credit, as security for the promises contained in the improvement agreement. In addition to ' all other security, for completion of those public improvements where the City participates in the cost, the owner shall provide a performance bond from the contractor, with the City as a co-obligee. ' Security shall be in an amount equal to one hundred fifteen percent (115%) of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the City Attorney. • (e) Letter of Credit: If the Commission authorizes the property owner/developer to post a letter of credit as security for its prop i cc contained in the improvement agreement, the letter of credit shall: ' 1. Be irrevocable. 2. Be for a term sufficient to cover the completion, maintenance ' and warranty periods but in no event less than two (2) years. 3. Require only that the City present the issuer with a sight ' draft and a certificate signed by an authorized representative of the City certifying to the City's right to draw funds under the letter of credit. ' (f) Letter of Credit draw down: As portions of the public improvements are completed in accordance with the Standard Specifications and the engineering plans, the Developer may make application to the City ' Engineer or his designee to reduce the amount of the original letter of credit. If the City Engineer or his designee is satisfied that such portion of the improvements has been completed in accordance with city standards, he may (but is not required to) cause the amount of the letter of credit to be reduced by such amount that he deems appropriate, so that the remaining ni ng amount of the letter of ' credit adequately insures the completion of the remaining public improvements. ' 11 - 2 If (g) Retainage: Upon the dedication of and acceptance by the City of all required public improvements, the City shall authorize a reduction in the security to 10% of the original amount of the security if the property owner/developer is not in bah of the improvement agreement. The remaining security shall be security for the owner's t r covenant to maintain the required public improvements and the warrant that the improvements are free from defect far two years thereafter. The City will release the entire amount of the � developer security if the required security for maintenance and warranty is provided by the contractors or by others. (3) Temporary Improvements: The property owner/developer shall build and pay for all costs of temporary improvements required by the City and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the owner shall file with the City a separate improvement agreement and escrow, or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained, and removed. 4 Government Entities: ( ) Governmental entities to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Article. (5) Failure to Complete Improvements: For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the City, the land study or preliminary plat approval shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the City may: (a) Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; ' H (b) Suspend final plat approval until the public improvements are completed; (c) Obtain funds under the security and complete the public improvements itself or through a third party; (d) Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision or addition for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the tract; II11 - 3 I ' (e) Renegotiate the tends of the agreement; (f) Ekercise any other rights available under the law. ' (6) Acceptance of Dedication Offers: Acceptance of formal offers of dedication of street, public areas, easements, and parks shall be by authorization of the City Engineer. The approval by the Commission of a plat, whether land study, conveyance, preliminary or final shall not in of itself be deemed to constitute or imply the acceptance by the City of any street, easement, or park shown on plat. The Commission may require ' the plat to be ezdarsed with appropriate notes to this effect. Section 11-200. Glinstruction Procedures. ' (1) Preconstr u:tion Conference: The City Engineer may require that all contractors participating in the construction shall meet for a preoonstruction conference to discuss the project prior to beginning ' work. (2) Conditions Prior to Authorization: Prior to authorizing construction, the City Engineer shall be satisfied that the following conditions have ' been met: (a) The preliminary plat shall be completed to the requirements of the ' Commission at the time of approval. (b) All required contract documents shall be completed and filed with ' the City Engineer. (c) All necessary off-site easements or dedication required for City maintained facilities, not shown on the final plat must be conveyed ' solely to the City, with proper signatures affixed. The original of the documents, and filing fees as determined by the Engineering Department, shall be returned to the Engineering Department prior to I approval and release of the engineering plans. (d) All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the ' Engineering Department. These plans shall remain on the job site at all times. (e) A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City Engineer. (f) All applicable fees must be paid to the City. Section 11-300. Inspection of Public Improvements: ' (1) General Procedure: Construction inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved Plans, Standard Specifications and Standard Details of the City of ' 11 - 4 I Euless. Any change in design required during construction should be made by the Engineer triose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plane if so authorized by the owner of the plans and if those revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer. If the City Engineer finds upon inspection that any of the required public improvements have not been constructed in accordance with the City's construction standards and specifications, the property owner/developer shall be responsible for completing and/oar correcting the public improvements. (2) Certificate of Satisfactory Completion: The City will not accept dedication of required public improvements until the applicant's engineer or surveyor has certified to the City Engineer, through submission of a detailed "ashbuilt" survey plat of the property, indicating location, dimensions, materials, and other information required by the Commission or City Engineer, that all required public improvements have been completed. (a) As-Builts: "As-Builts" shall include a complete set of drawings of the paving, drainage, water, sanitary sewer, and other public improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat, and all changes made in the plans during construction and containing on each sheet an "As-Built" stamp bearing the signature of the Engineer and the date. ' f (b) Microfilmed an Aperture Card: One complete set of microfilmed "As-Built" drawings shall be provided in .the form of 35mm silver negative originals along with three (3) complete sets of diazo copies. The microfilmed originals and copies shall be provided on 3 1/4" x 7 1/2" aperture cards. Each aperture card shall have the ' g addition name, phase, date, labeled as "As-Built", description of the sheet contents, sheet number as it appears on the original set "As-Built" plans card numberseach card in the same of Buil and typed on form and shoran in Appe mtbe A. (c) CARD (Computer Aided Drafting and Design) Data Required: The engineer or surveyor shall also furnish a copy of the final plat and engineering plans, if prepared on a CADD system, in such a format that is compatible with the City's CADD system. (d) Acceptance of Public Improvements: then such requirements have been net the City Engineer, an behalf of the City, shall thereafter accept the public improvements for dedication in accordance with the established procedure. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City Engineer may, at his decision, accept dedication of a portion of the required public improvements, if the remaining public improvements are not required for health and safety reasons and the owner has posted a 11 - 5 II 1 ' performance band letter of credit or cash bond in the amount of 115% of the estimated cost of those remaining n?ng improvements for a length of time to be determined by the City Engineer. Upon acceptance of ' the required public improvements, the City Engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed. I Sectia 11400. Deferral of Required Isproverotts. .) Commission's Authority: The Oamnission may, upon petition of the property c5uaser/developer and favorable recommendation of the City II Engineer, defer at the time of final approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the interests of the public health, safety, ' and general welfare. (See Section 9-500(3)(0 Timing of Anbrlic Thprovements.) ' (2) Ptanding Rewired: Whenever a petition to defer the construction of any public improvement required under these regulations is granted by the City, the property owner/developer shall deposit in escrow his share of the costs (in accordance with Article 12 of this ordinance) of the future ' public improvements with the City prior to signing of the final plat, or the property owner/developer may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit ' guaranteeing completion of the deferred public imps upon demand of the City. Section 11-500. Building Oa nstru tion and Oampancy of Buildiz and (1) Plat and Public Imrovement Requirements Prior to Building Construction: ' No construction of any building or structure shall commence on any lot or building site unless a building permit has been issued and the lot or site has been officially recorded by a final plat approved by the City of ' Enless and all public improvements as required for final plat approval have been completed, except as permitted belga. ' (a) Building permits may be issued for non-residential and ru ti-family (apartments) development provided that a preliminary plat is approved by the City and construction plans have been released by the City Engineer. Building construction will not be allowed to ' surpass the construction of fire protection improvements. (b) The City Engineer may authorize residential building permits for a ' portion of a subdivision, provided that a preliminary plat has been approved and all public improvements have been completed far that portion of the development, including but not limited to those required for fire and emergency protection. Notwithstanding, no lot ' may be sold or title conveyed until a final plat approved by the City has been recorded. ' 11 - 6 r } i (c) Oonditional building permits, conditional occupancy permits and temporary accordance with Sectionservicety 9-9000�3may j(;tted by the ter in I (2) Plat and Public }Required Prior to Occupancy: No building or I property shall be occupied or used unless a certificate of occupancy is first issued and all subdivision improvements have been completed and a final plat approved by the City has been recorded. Notwithstanding the above, the Administrator may authorize the occupancy of a structurei' t provided that an agreement providing cash escrow, a letter of credit, or i other sufficient surety is approved by the City for the completion of all remaining public I 7 t il If t Revised 05\03\93 I 1 05\10\93 j 10\18\93 f. s ljl\udc\article.11 I ! Ef 1 I II1 Ii,, t II 1 ' ` II i 1 ' I i i 1 7 I Lti 1 t AiRiZCIE 12 pARI'It AND ESCROW RRNIREMENTS Section 12-100. Participation Policies. (1) City's Share of Incrovement Costsz The City shall participate in the costs of public improvements which are not for the primary benefit of the II development and which have been oversized to serve developments other than for which the plat has been submitted for approval and as required by the City, only to the extent and according to the standards stated in this article and pursuant to the procedures herein set forth and only if ' an Improvement Agreement is entered into between the City and owner as provided in these regulations which conforms to the requirements of Article 2368a Section 2c, Nun's Annd abed Cavil Statutes, as amended, ' and as later codified in the local government code. (2) Owner's Responsibility. ' (a) The property owner/developer shall be responsible for the entire costs of designing and installing all public improvements which ' primarily serve the subdivision or addition. Facilities required by these regulations, unless listed in Section 12-200 shall be considered as primarily serving the subdivision or addition unless otherwise determined by the City. ' (b) The property owner/developer shall also be responsible for its share of the costs of oversized or off-site public improvements needed to assure adequacy of public facilities and services for the addition or subdivision, subject to participation and escrow policies contained in this article. ' (c) The property owner/developer shall be responsible for extending streets, water, sewer or drainage facilities off-site to the subject property as required by the Commission and/or required to ensure ' adequacy of public facilities. (d) Should the subdivision or addition abut an existing water or ' sanitary sewer line installed by someone other than the City, the owner shall pay to the City a "Developers Liability" charge to be refunded to the original installer of the line, as prescribed in this article. (e) Should a lift station, either temporary or permanent, be necessary to provide a sanitary sewer service to the subdivision or addition, ' the property owner/developer shall construct the station and all appurtenances, at his own expense. If and when the lift station is no longer needed, the installation will, unless other provisions are made, remain the property of the City of Euless for reuse or disposal. A "Developers Liability" charge for such lift stations and appurtenances may be established as prescribed in this article. ' 12 - 1 1 Section 12-200. Facilities Eligible far City Participation. The City shall participate in the costs of installing public improvements according to the following schedule: (1) Total Reimbursement from City: The City shall reimburse the property , owner/developer for 100% of the following costs: (a) Oasts of paving streets and thoroughfares for the portion of the width of pavement exceeding forty-nine (49) feet for internal streets and thirty-three (33) feet (per side) for perimeter streets. Costs include those for pavement, soil stabilization and excavation. (b) Paving costs for streets and thoroughfares for that portion of the required paving thickness exceeding eight (8) itches of concrete pavement. ' k£ (c) Ousts of that portion of grade-separated intersections which require paving in excess of forty-nine (49) feet in width. (d) Ousts of installing conduit for traffic signals along minor arterials or larger thoroughfares. (e) A portion of the costs of all water or sanitary sewer pipelines larger than twelve (12) inches, subject to the provisions of this article. City participation shall be based upon the difference in cost between a standard twelve (12) inch diameter pipeline and the size pipeline actually installed, including embedment, manholes, special fittings and other appurtenances necessary for complete sanitary sewer pipeline installation. (2) Reimbursement from City at 25%: The City shall reimburse the property owner/developer twenty-five percent (25%) of the following costs: (a) Drainage structures, crossing streets associated with residential developments, with an opening larger than that of a double seventy-two (72) inch pipe culvert. The cost of the structure shall be based on a standard, basic culvert or bridge including rip-rap, if required by the City Engineer, for erosion control. (b) That portion of storm sewers, for residential developments, exceeding seventy-two (72) inches in diameter. (3) Reinibursement fram City at 10%: The City shall reimburse the property owner/developer ten percent (10%) of the following costs: (a) Drainage structures, crossing streets associated with non-residential developments, with an opening larger than that of a double seventy-two (72) inch pipe culvert. The cost of the lure shall be based on a standard, basic culvert or bridge including rip-rap, if needed, for erosion control. (b) That portion of storm sewers, for non-residential developments, exceeding double seventy-two (72) inches in diameter. 12 - 2 i . ' Section 12-300. Limitation and Ekceptions. (1) Notwithstanding Section 12-200 (Eligible City Participation), the City IIshall not participate in the following costs: li (a) Those portions of the costs of any public improvements not expressly described in Section 12-200 (Eligible City Participation). ' (b) Costs of clearing and grubbing for streets and thoroughfares. ' Co) Costs of constructing streets built wider than called for in the Thoroughfare Plan. (d) Costs of lights, traffic control devices, decorative finishes or ' other similar exper ses, unless required by the City Engineer. (e) Costs of pipe headwalls, regardless of pipe size, or the costs of ' retention/detention ponds or slope protection,iosn, except rip-rap under a bridge. ' (2) When reimbursing the property owner/developer pursuant to this Article, the City of Mess shall pay a maximum of 6% of the City's participation cost for engineering fees, which includes surveying, construction staking and supervision, and the City shall not be responsible far any other incidental expenses or costs. Section 12-400. Piooec ices far City Par icip tics. (1) Definitions. For purpose of Article 12, the following terms shall have the following meanings: ' (a) Contiguity - The term "contiguous" shall mean that the reimbursable improvements are within the boundaries of, or abutting the perimeter _ of, a developed subdivision or addition. ' (b) Developed Subdivision or Addition - Property for which a final plat has been filed for record in the county in which the property is ' located, and the public improvements required by the City have been installed by the property owner/developer and have been accepted by the City. ' (2) Application for Participation: In order to initiate a reimbursement request, the owner must establish a front foot oversize cost for the reimbursable sable public improvements. Requests for reimbursement to the ' owner of cost of oversize paving, drainage, water and sanitary sewer mains shall include the owner's name and mailing address. The request must include as-built drawings showing the reimbursable items, a copy of the Contractor's bid for construction, final payment with quantities and ' unit costs, oversize calculations for all reimbursement its, and a project location map. ' 12 - 3 i (3) preaon to Processing Request: Participation requests will be processed after the public improvements are accepted by the City. Reimbursement requests for on-site oversizing will be processed in the order of their receipt and subject to City Canncil approval as appropriate. Requests exceeding funds available shall be scheduled for payment as a part of the next year's capital improvements program, subject to available funding. However, all oversize participation shall be refunded no later than five years following the date of final acceptance of the public infrastructure improvements. In the case of off-site public improvements, participation will be processed after a development is accepted which contains or abuts the off-site improvements. All participation will be made in accordance with Section 12-400(4) (City Engineer Determination) of the ordinance. (4) City Engineer Determination: The City Engineer shall determine the City's participation in the cost of public improvements, in accordance with the criteria in Section 12-100 (Facilities Eligible for City Participation) through 12-300 (Limitations and Exceptions). Payments shall be allocated to a development on a front foot basis and shall be made as follows: (a) As property is platted and developed adjacent to the off-site public ' E infrastructure , the City will reimburse oversize costs for that portion contiguous to the property. Oversize costs will be reimbursed to the initial developer after final acceptance by the , g City of the public improvements. Oversize reimbursammt will not be made with filing of a conveyance plat. (b) Reimbursement funds for the City's .share of the public infrastructure improvements will be as scheduled in the Annual Capital Improvements Program. However, all oversize participation shall be refunded no later than five years following the date of ' s final acceptance of the public infrastructure improvements. (5) fmnding: The City will annually prepare a capital improvement program, a component of which will generally identify funds for payment of oversize participation. Funds will be designated individually from the appropriate source for both street and drainage and water and wastewater projects. Requests in excess of available funding will be deferred for future allocations. Section 12-500. Mcrae Policies and Procedures. , (1) Deposit with City: Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner/developer shall deposit an amount equal ' F to his share of the costs of design and construction in escrow with the City. Such amount shall be paid prior to release of construction plans.. In lieu of such payment at such time, the City may permit the property I owner/developer to contract with the City and shall agree in such contract that no building construction shall commence on any lot included within said plat, or increment thereof, until the full amount of the ' _ II 12 4 1 ' escrow is paid, or a pro rata part thereof for the full increment if developed inrementally. The obligations and responsibilities of the property owner/developer shall become those of property owner/developer's transferees, successors and assigns; and the liability therefor shall be ' joint and several. (2) Determination of Escrow Amount: The amount of the escrow shall be ' determined a using the average of the comparable bids awarded by the City in th preceding six (6) months or, if none exist, thea in the preceding year or, if none exists current market value of construction as ' determined by an estimate by the City Engineer. Strh determination shall be made as of the time the escrow is due here under. (3) Termination of Escrow: Escrows which have been placed with the City ' under this section which have been held for a period of ten (10) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for ' construction of such public improvements for which the escrow was made, shall upon written request be returned to the property owner/developer, with accrued interest. Such return does not remove any obligations of ' the owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for. ' (4) Refund: If any street or roadway for which escrow is deposited for, is constructed, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be ' refunded to the property owner/developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the owner's actual ' proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the ' (5) Interest Limitation: If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date ' will be refunded with interest accrued, calculated at 1% less than the rate of actual earnings. Section 12-600. Payment of Fees, Charges, and Assessments. ' As a condition of plat approval, the property owner/developer shall pay all fees, charges and assessments required to assure adequacy of public facilities ' to the subdivision or addition, as may be imposed under these or other regulations of the City. Revised 05\03\93 ' 05\10\93 10\18\93 ' ljl\udc\article.12 12 - 5 1 f � 1 j 1 f � f � APPENDIX A ' ILLUSTRATIONS 1 I . . If 1 k" ftWIDTH OF LOT ..LANDSCAPING • w + w w w•w www�ww w :.w w . w' :'A;• . _ . ww . ww•w.ww ww . w w wwwww. w . ww.ww A � . ..w. A . .. ._ .w -....k.. « ` AA ....... A ^ w ww . w . w w .wwn. . A . A +++111 w w . . . . w www ww. . . . AA ww . . . . . AA . w . . I w . . .. .w .w. w A . . w w•. w • w w w ^.^ww ww wwww w.w. w. w ................. w A . A . w• www A A A I + FRONT SET BACK + Aw• A . . 44 . • 1 141."le • �i►r w+Aw . w w ww. w w .f y • .w . . .` w tet_ .1- t . � www . . wr '/ice'�1. i • w • . . . . •. . . 4177 . �' •u w SIDE YARD I wl ..... . . . . .wwAAA www . .�. SET BACK ^^^^^'^ ...... *:-*IP:'• •,..:::il'A 77e . ww w . DEPTI I OFLOT T AAAAAAA ...-_,...._____ II GT CI Ii OF UNIT T ` I t ''''''' ••''"'''"•""''-•'''."-",•2.'".'"'"".'''':,,...............,, ,• ...'...L..,.:..-....., 0 IMPERVIOUS /o .: _.si,,,,,,,,,,,,,:,::::,,,,,R,F,,,,,,,,,,...,;,,,,:.,,::„.0s::::E.,,:,:,....,„,,,„:„E„.:. .---.,.-: ARI I_ . .............,........,.... '. ,.....*: EA ..:: 1 A REAR YARD I'- ..._,,,,,.*%%.,,,,,,,,_. _ _ .. . A A A • A •• i I SET BACK I NcE AND ��__ R9 _„-----------T-7--H �- SC It1:I:NINC E. i'- ci -4.,,,,... -7,.-1, ,,. ...._____,,. _.,.-1.,.7‘;,.•••-. i - ti \i ('1':SSOI:I BUILDING IH I . - ARERESTRICTIONS GOVERNED I3Y 7.()NINr; ORDINANCES 1 1i I 1 I r I • I 1‘.- STREET STREET STREET FRONT YARD FRONT YARD FRONT YARD Building.Line .......0 .uildins Line Buildingline.... 1 LOT WIDTH I I LOT WIDTH LAT WIDTII i 1 1 11 s LOT WIDTH I I H 1 ISTREET STREET •STREET • k,._ La De Loi I Depth Depth Depth 1 L 1 1 1 I I_ . ,,,,, ...............„.„ ,. _ , 1 LOT DEPTH t i I L I 1 t 11I ° STREET /meat :.:i STREET :ro". I,lu r' • I i -- —T— ton STREET I , I I : I t I I R.r 1'rJ I ynrRnS I . . ii . ik Rear Yard Lues , I IC(i T.- wilding Area / Lot Lines t I 1 .�..fir ..,. 40 4 Building Coverage 44 � !: �" ':,:4,, e . ..a..... Side Yard Arr IL Side Yard ::: ; :r 'r ir .,.`. ?SFr Ifrd, ..."*:. I /1////'A 1 I Front Yard + (Setback) 1 Yard Lines i Required I ir (Setback Lines) Front Yard 33 Front Lot Linc i 1 STREET R O W ii 1 Building Area it ��111111111111!!.i I I _111it. ... .,_______, .. it . ..... IL Limitso t7.**- J/ 4-)1, 1 priplincNt, 1,,A..-/—ri it 'I 1 i t{ I �{! 1 1 _ } . ' � Iii i i , M � / ;� �j tli i !i! ai ;ii i ' I y ; , i !4 ! ,. t t iii{ * t \ I ill , 1!1i1i i t 1 'I1 IS rii111; _ I { I)ripiinc Definition 1 • I 1 r cF I i C in Split Zoning the Front Yard Remains Uniform 1 Throughout the Block...Even though one district Ef may be less restrictive than the other I Iti I III j R-12 R-12 R-1 R-12 R-12 R-12 R-12 I 18-12 R 12 R 12 R l2 R-7.5 R-7.S R-7.5 R-7. I i I JJ 1 - II t 1. i 1 Front Yard Where Zoning Changes in a Block 1 , t "• 1:2 ratio represents 8 floors of — 2,722 sq.ft.each for a total of I 21,780 sq. ft. Total Building Floor Area 1 i L Floor Area Ratio= Total Lot Area or I Floor Area: Lot Area L I 1:2 ratio rcnrescnts 2 floors ot ____________7}/i 10_a 0 so It ; each for a total ut } `sSa :t0 s . : ,J:Arca = as z, ...I it j _ 1 i t I•,t:u represents I :: .,,r i i _ ---4.--- L.uIJ AreaJ 4.5t.0 sq. It. I 1 t Ter Area Ratio (F.A.R.) II I . I 1 I 1 1 1 . If „,,,,,„„ii„„, :9 ii • ; dr.__25' B/L I . ' 25' from center line SO' R. plus 2S' B/L to property line plus 25' BIL '........... ) IDetermining Set-Back Distance Along Curved Property Lines In k... . II_ , ,IL . . , . • : f: y Minimum F-nnt YZrc! Distance ":c. v{a h 1 I-4 14 1 ._ I ) -i I 1 I Il I I ! 1 Mc;tfhOcf of N1easuring Front Yard I - 1 1 I I 1 ' i I I I �_� t 1 I P----; I � r p II Private or Public I 1 Streets ::`::: I I I 1 —H `r4 1„ -{C' ..i he „: 1K ' 1 1 • 1 g 0 i 111111L Common Open Space Pm... - .:::: . . Asamo tillilr"..1 i____ I 1I II i Lot Lines ________ __1 g Living Unit ' 3 •I 1 Dwelling, Single Family Cluster i I i IL 1 r 1 •• Building Height •3 Story t I t • I i_ I ,1 ;1 AN,crJceGratici I I _ , '.utc •. hp:n \' ,%, :_•. 1::.,n , . .., t fi.,%cmrns I 'd t . (3uilding Definitions I I . 'I Iil Public Street Driveway I f Property Line ; ' _� 44-,:f ......z_ T,. El--- ,,, I I i 11 Ili '.-:<---.'31sfb$a ME I 1Dwelling. Single Family Detachcd • 'itt . Public Street i • [ _DriveTY -I I --:4-;',0d—.:.&, I . _, Property Line S ':_ Lig mg knit--\ ..--::'.. i_C I - I i 1 ,___, / r 1 ' I ! II 1 1 _----i • I — I Dwelling. 7.cre Lot [,inc 1 I I.I 1 t R Public Street Propperty Line 1 1 Y,, _ Common(Party)Wall 411.1.41.14111 le.r14 I I Ii f .,,,,. 1 _::, 1 ......y--_-_-_pri,..,, I 1 1 Ir.1441 h hfti h 6,.,,,•li i 1 h k h.. . _. `----;:v5;,- au }r mut tag I Ial t. " Parking f ' �— Single Family Unit M y Dwelling. Single Family Townhouse 1 kr4._ . 1 1 t t1 L F _ _I . -„, ___. .. . ... ,..,,,., El 1 1 ! _ t 1 IL •� ` t € imi I1__ - \ _..�.- __ I f - -1 \ ..,, ir 1 ° ltro I.ot Line i 1 1 — I Dwelling, Sin_r,lc Family Twinhomc 1 I . II •,1 I ,I. Public Street , Driveway 11 1 f •,:. '3;1 f,;....„, .-----. --;---n-7- -"'L>...•.... - Property Line If i"s7-t- 1 ...4 '.....*-+ ..... ... .... ........ ... r,— ,. .., ...., .• ,...•• • • Common(Party)Wall f. 4.-::..M• ii;.*1_,Ir,. 11.— ... — .. e,,,,?,!, _........................ „,„..:: , inik Niii, I , 4,..,,,,,,.. I 41111114- . ,.....4.--.2! ....,,,. .:1:ii;;N Mi: II 1-tA4.A. i ................ ._,..,...,..........„ •-•.„..Zt% -—-`71:- E. • I ,, ,.... , -1 ilk III illta is 75..7!,.. ,. . - _ .. .....at....L. I 1 *hcri..!. „.....,-.- .... ....... 4—.....— ' II tvfir,,-.+..-1 , -..„, --....-.....*-'----CE. 'ic , tat. ,.. .......... ....- I 11 Dwelling, Multi-Family Duplex k . It • Public Street .. IIPrivate Parking _ . „., I _.,-.•-,,,,,....„.i: • Property Line Ls ); I •-• I :•,;,•,4 1 li . _ ... . . II_ -••••-g•.:. ''';;.:,;:•.. 1 ,-'‘...i.... I 1 . -- . .,..,,,, ,;,-... •" , .. 7:.,','-' : •---.:1: i _ 1 -:. •- , r . • . . , 1 , I!_ -.1 , . : ci • - I I 1 ... '''•., '''- / I N C/ i•-_, 1 - ......---. I i ' -'' I ' .,_.„I) 'nS paCe . I cliiri , i.,„. Multi-F3mily 1 i, 1 II ' CINNAMON RIDGE ADDN PHASES 3 & 4 (1983) Blocks, A, J, K, L, M, N, 0, P, Q, R, S, T • As Built Card 14/36 Plan/Profile, Parsley Ln - Sta 0+00 - Sta 6.10.45 Sheet 14/39 - - 4. ..r Il.t;05" ®Enema.III II S 1.0 ya]IC'41.5,N q]U.Il 171.M.113.4i9 rm..,"•Ie,.. .... CINNAMON RIDGE ADDN PHASES 3 & 4 (1983) ' Blocks, A, J, K, L, M, N, 0, P, Q, R, S, T . As Built • w Card 15/36 - f .. V Hca I Plan/Profile, Tarragon Ln - Sta 0+00 - Sta 5+19.94 Sheet 15/39 � ',: .1.+ _..E MC.e.n%on N.:I N'•5 744.1I31U I.PI. 414 VII a."h'+•.••44. CINNAMON RIDGE ADDN PHASES 3 & 4 f _q83) , Blocks, A, J, K, L, `l, N. 0, P, Q, R. I As Built I_4rd 16/36 k . 1 Wit.' Plan/ProriLe. I;arrawav Ln - Sta .+>5.96 Catalpa (.n - Sta - 0+00 - Sta 4=22. 29 - Sheet 16/39 I 1 I ,1 k 1 1 _ 1 1 I . i 1 I APPENDIX B Il iIi APPLICATIONS AND CHECKLISTS I I_ I 1_ 1,-- I I 1 . 1 I i _ 1 . I 1- .. CITY OF EULESS - Preliminary Plat Application and Checklist PRP-1 I 1 i . 1 [ .. Case Number I • , I PRELIMINARY PLAT APPLICATION AND CHECKLISTI -• .' • 1 PRELIMINARY PLAT APPLICATION iII' Date l I Name of Proposed Development . .. I IIII ( Name of Developer I It Address Phone I : I . Owner of Record Address Phone I iii Name of Land Planner I 1 i ct. Address Phone 1 1 . • I 'i • Name of Professional Engineer Address Phone I Name of Surveyor I Address Phone 1 . I [ Total Acreage Number oi. Lots/Lints 1 _ Current Zoning II i S42ncd 13‘,.: ... . • 1 t . ii li I CITY OF EULESS - Preliminary Plat Application and Checklist PRP-2 I. c IF__ PRELIMINARY PLAT CHECKLIST 1 1 . . The Preliminary Plat shall be drawn to a scale of one hundred feet to one inch and if at all possible at a size of 24"x 36". The Preliminary Plat shall generally include all of the tract I [ intended to be developed at one time. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The Preliminary Plat shall contain or have I . . attached thereto: i (For City Use Only) I t On In- Not Plan complete Applicable a. Properly completed application form as provided by the City(Appendix B) b. Application fee in accordance with the latest adopted fee ordinance. I I c. Written evidence of ownership of the property to be platted ' such that it is acceptable to the City Attorney. d. The title, or name, under which the proposed subdivision is to be recorded, e. The meridian or north point. I f. A key map encompassing the arca surrounding the proposed subdivision. g. The location S: width of existing streets, rights-of-way, i blocks. lots, alleys, casements. building lines, parks, I watercourses, ravines, bridges. culverts. present structures. the outline of wooded .seas, and other natural ` features in the area affected. with principal dimensions, I - and all significant information in regard to property ;tnnicuiately adjacent „m ail sides. IN. I he n.uncs or ienn.>t> yit estsing streets or roads. 1. I ':,e [lames or designations 4.111 adjoining subdivision and I pIcperttes. t j. ,The proposed plan of subdivision, showing proposed streets, blocks, lots, alleys, casements, building lines, I _ parks and other such areas, with principal dimensions. I 1 CITY OF EULESS - Preliminary Plat Application and Checklist PRP-3 I c çC 1 (For City Use Only) • On In- Not I 4 Plan complete Applicable I € I • 1 f . k. The names of proposed streets which shall conform with I the names of any existing streets of which they may be or F become extensions i 1. Plan sheets drawn to the minimum scale of one (1) inch I equals one hundred (100) feet, showing the location and s size of all proposed water, wastewater, street, and storm sewer improvements I a m. Preliminary drainage calculations with the storm drainage 1 i improvements plan sheet; in addition, a summary of these calculations shall be provided on the plan sheet in tabular I. form containing the drainage areas, flow quantities with , t the storm frequency identified,areas of the drainage areas, t i time of concentration used, runoff coefficients used, and any other pertinent information unique to the site. I 1 I n. Topography of the land to be subdivided with contours E intervals of at least five(5) feet provided. I o. The estimated minimum floor elevations for each lot that is adjacent to a creek, channel or tributary. I 3 p. The boundaries and flood elevations of all areas located in 1 flood hazard areas as determined by the Flood Insurance Rate Maps(FIRM). ' q. The location of all existing pipeline easements and ._ information concerning the size of the pipe, type of I product being transported and the pressure in the pipeline. ': r. The name. address. and telephone number of the party - preparing the plat. I • s. l'he location and : lentltiLatlon of any and all established ircr;ut noise Contour ; ;nes. I f j t. \ i,.-.t ,:i the :'r(a)il-,.'1 :"•.iricil'.e covenants, conditions, a ..lift ...:il'.:timi I:i 2o.r;a the nature and use of the property I .iii_ •a:,.:it !f:;:1l. I U. '.11;etc tile I'ieluittii ,ty I'!.rt ubnlittcd for approval covers , (int', a part. a unit, or increment, of the owner's or I 'ulnli' ider's entire holding 'or ultimate subdivision, a k sketch of the prospective future street system of the - submitted part shall be furnished. I . 1 - 1111 CITY OF EULESS - Preliminary Plat Application and Checklist PRP-4 (For City Use Only) On In- Not Plan complete Applicable v. A blank certificate of approval by the City lettered on the ' face of the Preliminary Plat. w. Where any part or portion of a Preliminary Plat is located within Zone "B", as defined by Sec. 17-153 Aircraft • Exposure Zone, a notation regarding such shall appear on the face of the Preliminary Plat. i l • I I - . I ' CITY OF EULESS - Preliminary Plat Application and Checklist PRP-5 , FOR CITY USE ONLY »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»> Application reviewed for completeness by: Date: Application complete: Application Incomplete: E $ Application resubmitted: Date: Complete: Yes No ' Tax receipts: Date Received Filling Fee: Fee Amount$ Date Paid: Receipt No. ' Application scheduled for P&Z agenda: Date: P&Z Recommendation: Approval 3 Denial Date • ' 3 • 1 1 , 1 I . Ii I CITY OF EULESS - Final Plat Application and Checklist FP-1 C Case Number FINAL PLAT APPLICATION AND CHECKLIST FINAL PLAT APPLICATION if Date 11 Please Check one of the following: Final Plat with public improvements ' Final Plat without public improvements 111 1 Name of Proposed Development Name of Developer Address Phone IOwner of Record I Address Phone Name of Land Planner I Address Phone I ' Name of Professional Engineer Address Phone Name of Surveyor ' - Address _ Total :\creaLie nit; 1 Current tunint; I • Signed By: 1 gg CITY OF EULESS - Final Plat Application and Checklist FP-2 I . 1( , . FINAL PLAT CHECKLIST The Final Plat shall generally conform to the Preliminary Plat, as approved by the City I Council and shall be drawn to legibly show all data at a satisfactory scale, usually not fsmaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing I I which is 24 inches by 36 inches and shall contain the following information or have it attached thereto: • t ; (For City Use Only) On In- Not p I Plan complete Applicable I 1 a. Properly completed application form as provided by the ' l City(Appendix B) ; a !I b. Application fee in accordance with the latest adopted fee t 1 i ordinance. c. Written evidence of ownership of the property to be platted 1 t such that it is acceptable to the City Attorney. I t t t d. The subdivision name or identifying title and the name of 1 1 the city, county and state in which the subdivision is I located; e. The name, address, and telephone number of the record owner or subdivider. I f. The name or names of adjacent subdivisions, names of , 1 streets and the number of lots and blocks. Names of new streets should. wherever possible. hollow or be extensions of existing street names. g. All adjacent streets. alie and ea,,entents, including width and nark of each. how n In a dil t-erent Inanner from those I ,)1'the nroptl,ed sur.di' I•-Inns, preferably dotted or Joshed. !1. \ w tatcn IL-.1:1i Je,c.r:I::i•,n .,nit Idrntiticatiort olthe tract belt•! -un,:t% :,ilei. u! lent !( r the requirements of title I 4 ::\.un:n:111)11. I. .\n accurate hnundar% ,ur<ey ut the property , showing the I bearing and distance of ale sides, which shall be • referenced to original survey lines or established _ subdivisions. ' (For City l ase Onlyl CITY OF EULESS - Final Plat Application and Checklist FP-3 I i- ili On In- Not Plan complete Applicable Ij. The location of all lots, streets, highways, alleys, r easements, parks, playgrounds, and such other features, '' with accurate dimensions given in feet and decimals of a foot with bearings. The drawing shall also show the appropriate curve data,such as deflection angels, length of arcs and chords, and tangent distances and tangent ' bearings. k. Complete construction plans for all water, wastewater, '1 street and drainage improvements, alleys and sidewalks, and any other improvement to be performed,as follows: ' 1. Water, Wastewater, Street, alley, and storm sewer plans shall be presented on plan-profile sheets and • drawn to an appropriate horizontal and vertical scale. '= 2. The plan portion of these plans shall show the right- of-way or easement lines and portions of the right-of- is way of intersecting streets and lots adjacent to the I improvement. • 3. The street profiles shall show the existing ground _ grade and the proposed grade of the right and left curb, center line, and all existing and proposed utilities that cross the street. • . ,` 4. At all locations where the City Engineer determines cross sections of the street are necessary, the cross sections shall show existing and proposed grade lines IL and the proposed locations of all buried utilities within the cross section. Detailed plans shall he submitted for any bridges, culverts. catch basins. or ar,v other drainage structure or improvements proposed. I1. ! `:c building. lines of ';.,nt and side streets shall be shown (iottcU or:i:L,hcd. ::no t::c vocation of utility easements shall Ibe situ\\0 In (1:incd l i i,c,. In. l'ronerly e\eC_ cd 'k::, .:tion of ,ill streets. highways. .illus. Mark;. pia%grounds :URI other lands intended for I { use of the public. signed by the owner or owners, and by :,. all other persons or parties leaving a mortgage or lien interest in the property, as shown in Appendix B. 111 ir. CITY OF EULESS - Final Plat Application and Checklist FP-4 I i. (For City Use Only) I On In- Not .. Plan complete Applicable I IQa n. Any private restrictions or covenants proposed for the subdivision shall be filed with the plat if same are too !tiI. lengthy to permit their lettering upon the plat. 1 o. Where any part or portion of a Final Plat is located within 1 Zone "B", as defined by Sec. 17-153 Aircraft • F Exposure Zone, a notation regarding such shall appear on the face of the Final Plat. p. A certificate indicatingthat all taxes have been paid shall accompany the plat. _ ! q. Certificates of approval by the Planning and Zoning Commission and City Council shall be placed on the face of the Final Plat,as shown in Appendix B. I 'g r. Proper certification, as shown in Appendix B, shall be i made upon the plat by a reputable licensed public surveyor 4.( stating that the plat represents a survey made by him and that all necessary monuments are correctly shown upon the I plat, with such monuments being placed as required by the 111 City. i L 1 I 1 { I • - - I It i 9 I 1i lcCITY OF EULESS - Final Plat Application and Checklist FP-5 �111( FOR CITY USE ONLY »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»> 'I- Application reviewed for completeness by: Date: Application complete: Application Incomplete: ifApplication resubmitted: Date: Complete: Yes No Tax receipts: Date Received e- Filling Fee: Fee Amount$ Date Paid: Receipt No. Application scheduled for P&Z agenda: Date: Approval 11 Denial Date 11 . Application scheduled for City Council agenda: Date: Approval II lc( Denial • Date SNC Recommendations Approved by City Council N/A 11. Volume Page Date Filed File Date: Easements Volume & Page ILPerpetual Maintenance Agreement Volume & Page ! Other Agreements - Volume & Page I 1 i I I ( z i • 1 H I # CITY OF EULESS - Short Plat Application and Checklist SP-I I I( 1 r( . . . Case Number I 1 SHORT PLAT APPLICATION AND CHECKLIST i FINAL PLAT APPLICATION(SHORT FORM) Date I Please answer the following: Iz Is there a current Preliminary Plat or Final Plat on file for the property? _ Does (do) the tract(s) differ,as it(they)appears(appear)on the most recent tax 1 rolls, in such a manner as it (they) would not be considered as being one and the same property listed on the tax rolls? 1 _ Does the development propose significant on-site or off-site improvements,as determined by the City Engineer? ,t jIf the applicant can answer "no"to all of these questions, then he may proceed with this application for Short Plat Process. I 4 1 1Name of Proposed Development_ 7 i IName of Developer I Address Phone I I Owner of Record I. Address PhoneI Name of Land Planner L I Address Phone e y ° Name of Professional Engineer Address Phone , i '- Name of Surveyor _ I i I Address Phone j Total Acrenue `•umber ''I I.ot .'t*nits I Current tonti. I 't i - Stt'_ned Us': ' 1 I . IrcCITY OF EULESS - Short Plat Application and Checklist SP-2 Ii FINAL PLAT (SHORT FORM) CHECKLIST IThe Final Plat shall be drawn to legibly show all data at a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 24 inches by 36 inches and shall contain the following inform tion or have it Iattached thereto: ' (For City Use Only) • . On In- Not _ Plan complete Applicable 1 I a. Properly completed application form as provided by the Ii City(Appendix B) b. Application fee in accordance with the latest adopted fee • ordinance. c. Written evidence of ownership of the property to be platted t _____ such that it is acceptable to the City Attorney. I , d. The subdivision name or identifying title and the name of Ithe city, county and state in which the subdivision is I - located; e. The name, address, and telephone number of the record Iowner or subdivider. i f. The name or names of adjacent subdivisions, names of I L streets and the number of lots and blocks. Names of new streets should, wherever possible, follow or be extensions I of existing street names. t I ` g. All adjacent streets. alles. and eacments, including width and name ()leach. shown in a different manner from those or the proposed subdivisions. preferably dotted or dashed. h. ,\ .,ittten ic!:tl desert:)ttun and identification of the tact i'ctng sundi‘ i icd. .ut salmi( lent tor the requirements of title r%..ttnut:ltton. .\ii accurate boundary -.uta cv of the property , showing the Ii. bearing and distance of the sides, which shall be ,referenced to original survey lines or established ,' subdivisions. 55 1- ii f I. CITY OF EULESS - Short Plat Application and Checklist SP-3 I i 1 I t (For City Use Only) On In- Not .. Plan complete Applicable I i • j. The location of all lots, streets, highways, alleys, i I easements, parks, playgrounds, and such other features, with accurate dimensions given in feet and decimals of a I i foot with bearings. The drawing shall also show the 1appropriate curve data, such as deflection angels, length of • arcs and chords, and tangent distances and tangent , bearings. _ t i k. Complete construction plans for all water, wastewater, street and drainage improvements, alleys and sidewalks, and any other improvement to be performed, as follows: 1 I 1. Water, Wastewater, Street, alley, and storm sewer plans shall be presented on plan-profile sheets and • drawn to an appropriate horizontal and vertical scale. ict _________ 2. The plan portion of these plans shall show the right- I of-way or easement lines and portions of the right-of- way of intersecting streets and lots adjacent to theI 1 improvement. 13. The street profiles shall show the existing ground grade and the proposed grade of the right and left I curb, center line, and all existing and proposed utilities that cross the street. 7, 4. At all locations where the City Engineer determines , cross sections of the street are necessa 1 ry, the cross L sections shall show existing and proposed grade lines I and the proposed locations of all buried utilities within t jthe cross section. j - 1 5. Detailed plans shall be submitted ;-or any bridges. r culverts. catch basins. or an•, other drainage structure .,r improvements proposed. I I. l he nut :Ines „r in and side streets shall be shown i ;ottelt or ,::L nccl. .uut :uc !ol;rtron of utility easements shall 111 He -no)\\it In al..,iteu Irons. '" in. Properly CXCCUtcd ,lelttc.ttron ut all streets, highways, allcyti, barks, playgrounds and other lands intended for •i use of the public, signed by the owner or owners, and by all other persons or parties having a mortgage or lien interest in the properly, as shown in Appendix B. I CITY OF EULESS - Short Plat Application and Checklist SP-4 'r( (For City Use Only) On In- Not Plan complete Applicable n. Any private restrictions or covenants proposed for the subdivision shall be filed with the plat if same are too lengthy to permit their lettering upon the plat. o. Where any part or portion of a Final Plat is located within i Zone "B", as defined by Sec. 17-153 Aircraft Exposure Zone, a notation regarding such shall appear I on the face of the Final Plat. p. A certificate indicating that all taxes have been paid shall 'i accompany the plat. q. Certificates of approval by the Planning and Zoning Commission and City Council shall be placed on the face ' of the Final Plat, as shown in Appendix B. I \\\ Proper certification, as shown in Appendix B, shall be ' made upon the plat by a reputable licensed public surveyor stating that the plat represents a survey made by him and that all necessary monuments are correctly shown upon the ' plat, with such monuments being placed as required by the City. It '1 11. � 1- • 1 1 III If it CITY OF EULESS - Short Plat Application and Checklist SP-5 I S f( ' FOR CITY USE ONLY I »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»> ,, FApplication reviewed for completeness by: Date: I Application complete: Application Incomplete: f I Application resubmitted: Date: Complete: Yes No I : 1 Tax receipts: Date Received Filling Fee: Fee Amount$ Date Paid: Receipt No. I I Application scheduled for P&Z agenda: Date: I Planning and Zoning Commission Action: y I Approval I Denial Date Application scheduled for City Council Action: c i Approval Denial III A t L . Date I SNC Recommendations Approved by City Council N/A t I L Volume Page Date Filed I = File Date: Easements Volume s.:. t'age t Perpetual Nlaintcnancc Agreement Volume a: Pace • Other:\,rcemcnts \ ,)lunie .�: I'a_e 1 5 I , { Ii I II It CITY OF EULESS - Rcplat Application and Checklist RP-1 ' [( Case Number REPLAT APPLICATION AND CHECKLIST 1 1 . i I ,REPLAT APPLICATION Date I [ Please Check one of the following: Replat with no public hearing and no public improvements 1 1 _ Replat with public hearing but no public improvements ,_ Replat with no public hearing but with public improvements Replat with public hearing and with public improvements Name of Current Plat Name of Proposed Replat I Name of Developer IAddress Phone L Owner of Record _ 1 I_ . Address - Phone Name of Land Planner Address Phone iName of Professional Engineer Address Phone Name of Survevor Address Phone ITotal ,\ere:t_e `•,iniDer .:I I. ,t.-. l uits Current /uniuu • Signed Uv: • 1 1• t f i _ . ri CITY OFEULESS - Replat Application and Checklist RP-2 ' f. t,,_ , ik. REPEAT CHECKLIST I The Replat shall shall be drawn to legibly show all data at a satisfactory scale, usually not 1 smaller than one inch equals 100 feet. The Replat shall be submitted on a drawing which is 24 inches by 36 inches. 1IE (For City Use Only) On In- . Not Plan complete Applicable I a. Properly completed application form as provided by the i City(Appendix B) - k It b. Application fee in accordance with the latest adopted fee ordinance. I ° c. Written evidence of ownership of the property to be platted such that it is acceptable to the City Attorney. Id. Certificate of taxes paid indicative that there arc no i € property taxes due the City nor the school district. e. Individual lots and/or blocks replatted in their entirety. No • Replat request of a portion of a lot and/or block. _F 1 I f. The title, or name, under which the proposed replat is to be recorded, with the name and signature of the owner shown - thereon. The title of the replat shall be shown a illustrated in Appendix B. I S 3 g. All lot lines, easements, streets, and other such features of L the previously approved and recorded Final Plat, which is I being revised by the Replat, indicated by dashed or dotted t lines. • I i i I h. The letter "R" shall appear ;iter the lot number of all lots that are being re,.•tscu fur the tirm tune. - • i. 1. ;t .urtthets he .: :tt�.. ith the number " I" and 1 ;;r,;'_._.:in, conscLut:Y.(•;‘ . •A here the ,;ubdiviston being nt.Lt:cu has not heen .,t•. cued into lots. I i i. : ::e ;::eotitan (,r t:()ttn :-.,tnt. c.tle ()l the drawing, and date ipre acct!. i k. I he n:ones or designations of existing streets and roads. . "Hie names or designations of all adjoining subdivision and properties. I r 'I Il..." CITY OF EULESS - Rcplat Application and Chccklist RP-3 ' For City Y Use Only) On In- Not • iPlan complete Applicable • I I 1. The names of proposed streets which shall conform with the names of any existing streets of which they may be or become extensions. Proposed street names shall not I duplicate or be similar to the recognized name of any other 11 street located elsewhere in the Hurst, Euless, Bedford, Grapevine.Colleyville, Forth Worth, or the DFW Airport i area. m. The building lines of front and side streets shown dotted or dashed, and the location of utility easements shown in 111. dashed lines. - n. A properly executed dedication of all streets, highways, easements, alleys, parks, playgrounds and other lands 111. intended for use of the public, signed by the owner or owners, and by all other persons or parties having a ik mortgage or lien interest in the property. o. A certificate, signed by the owner, stating that the It property is not currently zoned or deed restricted for single or two family dwellings and has not been so zoned or deed restricted within the last five(5) years. ' • _____ p. Where any part or portion of a Replat is located within Zone "B", as defined by Sec. 17- 153 Aircraft Exposure Zone, a notation regarding such shall appear on the face of the Replat. I q. Proper certification, as shown in Appendix B. by a Ill_ reputable licensed public surveyor stating that the plat represents a survey made by h;m and that all necessary i. monuments are correctly shown upon the plat. s‘ith such 11:_ monuments beim! placed as required by the Cite. r. t .:t,tcates of :wpm\:ii h% the PI:inning and Zoning t..,:nnti' tun :,nd Cit%. t ,,;tnciI :., provided in Appendix I3. I ... • I ' — 111 : . i — i 1 i . r I( CITY OF EULESS - Replat Application and Checklist RP-4 I i ! I( FOR CITY USE ONLY I 3 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ! i Application reviewed for completeness by: Date: I z . Application complete: Application Incomplete: i . 1 Application resubmitted: Date: Complete: Yes No I 1 Tax receipts: Date Received I I Filling Fee: Fee Amount$ Date Paid: Receipt No. , 1 Date Public Hearing Notice Mailed to Property Owners: I Date Public Hearing Notice Published in Newspaper. 1 Application scheduled for P&Z agenda: Date: I Planning and Zoning Commission Action: i' I Approval 1 t Denial I k. Date Application scheduled for City Council Action: I . Approval I 1 . Denial i : • 1 f Date I I -- 1 l Repat Filed: 1 ji I i --- Volume P:12e Dzite Filed 1 , , . i - . I I - I 0 i 1 I 1 . --- I • _ i . I . 6 • CITY OF EULESS - Corrected Plat Application and Checklist CP-1 IC . liC CORRECTEDAPPLICATI PLAT APPLICATIOND N AND CHECKLIST If .. . CDRRECTED PLAT Date ii :. .. Please answer the following: Is the sole purpose of this Corrected Plat to Correct an error in a course or distance shown on the preceding plat; • Add a course or distance that was omitted on the preceding plat; IICorrect an error in a real property description shown on the preceding plat: Indicate monuments set after the death, disability, or retirement from practice of Il _ the engineer or surveyor responsible for setting monuments: Show the location or character of a monument that has been changed in location 11 or character or that is shown incorrectly as to location or character on the . • preceding plat: ik. _ Correct any other type of scrivener or clerical error or omission previously approved by the City, including lot numbers, acreage, street names, and it. identification of adjacent recorded plats; Correct an error in courses and distances of lot lines between two adjacent lots if: I. Both lot owners join in the application for amending the plat; 2. Neither lot is abolished; IL3. The amendment does not attempt to remove recorded covenants or restrictions; and IL4. The amcndinent does not have a material adversc effect an the propert rights of the other o\\ners in the plat: k I,_ Relocate a lot line to cil;nln:lle ;;n Ill 1U er' nt (.Lre,lcnnlent ot. I building; or other Illlpro\cmelll on 0 lot ;:::c ''I' :l>elllclll: or Rdoc:ttc one or re :H Ii:;C., ;;L: c. .;t elle "r ,!ioic ;idia�Ctlt lot] If: I wore 1 tc' , Ilei~ of .111 •h:I`e 14)K 1.1::i III I:;e . ;.loll.:tlull for ;Inlelldille, the plat: ?. hue Aim:ndnlenl toes not ;Iltenlpt ;o remove recorded covenants or I . restrictions; a11J 3. •fhe :unendment sloes not incrcatic the number of lots. i 1 l - I 1 ti( CITY OF EULESS - Corrected Plat Application and Checklist CP-2 I i I IIf the applicant can answer"yes"to any of these questions, then he may proceed with this i application for Corrected Plat. i 1IName of Proposed Plat Being Corrected • • I Name of Developer 1 i Address Phone I F 1 I Owner of Record I1 Address Phone I Name of Land PlannerI Address Phonc i I Name of Professional Engineer 1 tAddress Phone I . Name of Surveyor IAddress Phone I .i 3 Total Acreage Number ol. Lots/Lnits I 1 Current Zoning I t 1 1 t l ) `)iLnien I)\. i I i1 1I ICITY OF EULESS - Corrected Plat Application and Checklist CP-3 CORRECTED PLAT CHECKLIST The Corrected Plat shall be drawn to legibly show all data at a satisfactoryscale, usually not smaller than one inch equals 100 feet. The Corrected Plat shall be submitted on a 'f drawing which is 24 inches by 36 inches and shall contain the following information or have it attached thereto: I (For City Use Only) . On In- Not • Plan complete Applicable a. Properly completed application form as provided by the I City(Appendix B) b. Application fee in accordance with the latest adopted fee ordinance. ' c. Written evidence of ownership ofthe plat to be Corrected such that it is acceptable to the City Attorney. I L d. Final Plat being Corrected, in compliance with all the requirements for Final Plat as listed in Sec. 147 Final I ._ Plat, (3) Drawing and Plan Requirements as applicable to this plat. IL • e. Certificates of approval by the Planning and Zoning Commission and City Council shall be placed on the Corrected Plat, as shown in Appendix B. ' f. The title of the Corrected Plat shall be provided on the face 1 of the plat in accordance with the example shown in Appendix B. g. \ notation cleart', indicattn2 the purpose of the Corrected he shown on the lace o the plat. in accordance •.liown in Appendix B. 1 .• 1 I • I I CITY OF EULESS - Corrected Plat Application and Checklist CP-4 I C 1- FOR CITY USE ONLY I >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Application reviewed for completeness by: Date: I Application complete: Application Incomplete: 1 Application resubmitted: Date: Complete: Yes No I ( 1 1 Tax receipts: Date Received I Filling Fee: Fee Amount$ Date Paid: Receipt No. 1. Application scheduled for P&Z agenda: Date: i Planning and Zoning Commission Action: 1 Approval I 1 Denial 1 .1 Date 1 Application scheduled for City Council Action: 1 e . i iJ 1_IL Approval Denial 1 1 _ , 1 IDate I . . 4 Corrected Plat Filed: 1 ; i 1_ Volume Page Date Filed I 1 1 I , . 1 , . i •- . 1 _ I I . . .._ . 1 ' I fc f APPENDIX C 7 CERTIFICATES , TITLES, AND NOTATIONS w 1 I E i i II q 1. AVIGATION EASEMENT NOTATION I R "The Final Platting of any of the property contained herein shall be accompanied by a ' I 3 properly executed avigation easement and release form. Said property shall be subject to the 1 additional building requirements and specifications in Chapter 55 of the Uniform Building Code as adopted and amended by the City of Euless,Texas." I i 1 2. CITY CERTIFICATE PRELIMINARYPLAT I Reviewed and Preliminary Approval Granted: ., k City Administrator Date 1 ( I I .. 1 1 , 3. CITY APPROVAL CERTIFICATE FOR FINAL PLAT 1 I A i I I_ Approved by the Planning and Zoning Commission: I 1 L iChairman. Planning and Zoning Commission Date I _ i 111 F Approved by the City ('uunctl• g e t I hercnv cettit\ !:i.:t :; iti nIat ,,t il;e \ddition to the City I Limits (if the ( ;:t' „I I:ulrs. I'ex.ts. ‘.vere approved by the City Council ()Idle (.it, it Euless. I exas. un the clay of , 19 . t City Manager. City Secretary I • 11 . • f 1 4. CITY APPROVAL CERTIFICATE FOR REPLAT Approved by the Planning and Zoning Commission: IChairman,Planning and Zoning Commission Date • ii Approved by the City Council: I1 I hereby certify that this Replat of the Addition to the City Limits of the City of Euless, Texas, were approved by the City II Council of the City of Euless,Texas, on the day of , 19_. City Manager City Secretary ii I 111- 5. TITLE FOR REPLAT 111— REPLAF OF \MAI ION CONT • 1_0 IS -R. -R. FTC.. 131 (WK. :n(I Pteintz i•i(m ()I I (.. i I OC K - a, pre\ti)ui\ It:Ltt .:mlilt County Rceords and hut.! ;mit : •:,e , ns,t ract an 1 utt.,s. I,trant tt,untv, l'exas i Ii 1 I1 l 1 6. OWNERSHIP CERTIFICATION FOR REPLAT I { i I (we), the undersigned, intending to make application to the City of Euless, Texas, for I replat or resubdivision of property previously platted, copies of which proposed replat or I f I resubdivision and previous plat are attached,hereto do certify that the list attached hereto is l a true and correct list of the names and addresses of all owners (according to the last Iapproved ad valorem tax roll of the City of Euless, Texas) of all lots in the immediate I preceding plat or subdivision being revised contains more than 100 lots, that such list • contains a true and correct list of all such owners and their addresses of those lots within I 1 such subdivision or plat which are located within 500 feet of any portion of the property • i sought to be replatted or resubdivided. Applicant I SWORN TO AND SUBSCRIBED before me this the day of , 19_ .I Notary Public in and for 1, Tarrant County,TEXAS I My Commission expires: i i I (Printed or typed name) a 7. DEED RESTRICTION CERTIFICATE FOR REPLAT 1 1 L 1 . I (we), the undersigned, do certify that the property covered by the proposed replat or I 1 resubdivision, and all property covered by the previous plat and/or subdivision, all or a Lportion of which is proposed for replatting or resubdivision, is not limited by any deed I restriction or other covenant filed of record to a residential use for not more than two (2) residential units per lot, nor does such proposed replat or resubdivision in anywise alter or t 1 attempt to alter, amend or remove any covenants or restrictions of record. I { Applicant ill S\\'ORN -1.0 .\NU `L[35(.1;1131. ) "_!tlrc 1:1:: ;his Inc ._ ;.Iv of , 19_ \1 rtl\ u,111c III ;Ind for '1 I ..i..:111 t 'twiny. ! i:x.\s `11 CommissionI 4 expires: i - _ (Printed or typed name) I i I . i i1t . - Ii( 8. OWNER'S CERTIFICATE(Individual) IfSTATE OF TEXAS ) • } . COUNTY OF TARRANT } 1 WHEREAS, (name) , am the sole owner(we are the sole owners) of all of a tract of land situated in the Survey, County of Tarrant, according to the deed recorded in volume ,page , DRTCT,herein I I proposed as the Addition, being more particularly described as follows: (insert legal description) NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, I (we), (name [sl) t being the sole owner(being all the owners) do hereby adopt this plat designating the hereinabove described real property as Subdivision (or Addition) to the City of Euless, Tarrant County, Texas, and it does hereby dedicate to the public's use forever the streets, alleys, Itparks,and easements shown thereon. WITNESS MY HAND at (city) ,Tarrant County, Texas, this the Itday of . 19 . • I'- 11BEFORE ME, the undersigned authority, on this day personally appeared • i (name [si) , known to me to he the person(s) .'hose namets) is tare, II_ subscribed to the foregoing instrument, and acknowledged to me that lie (they) executed the same fbr the purposes and consideration thereat expressed. in the capacity therein stated. I GIV'F\ f:NDFR NIV 11.\.\1.) \.I) `d:.\1. OF t >l 1 1r 1' on this the �layof 19) 1 , ,Not:u v l ublic, l'arrtnt County, Texas . I 3 $t II 1 I C 1 r { 9. OWNER'S CERTIFICATE(Corporation) I t [ STATE OF TEXAS I I4 COUNTY OF TARRANT } n II t E WHEREAS, (name of corp.) , acting by and through the 14 undersigned, its duly authorized agent,is the sole owner of all of a tract of land situated in t the Survey, County of Tarrant, according to the deed recorded in 111 volume , page , DRTCT, herein proposed as the 3.1 I Addition,being more particularly described as follows: a! (insert legal description) NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I i g That, (name of corp.) , acting by and through the I undersigned, its duly authorized agent, does hereby adopt this plat designating the t hereinabove described real property as Subdivision (or it Addition) to the City of Euless, Tarrant County, Texas, and it does hereby dedicate to the ' ,. • public's use forever the streets, alleys, parks, and easements shown thereon. i _ WITNESS MY HAND at (city) . Tarrant County, Texas, this the day of , 19 1 i I_ .. _ 1 LName of Corporation) I 1 (Name and Office) I 1 BEFORE ME, the undersigned authority, on this day personailk appeared .name) I ryof , a corporation, known to me to be the person whose name is } t, subscribed to the foregoing instrument, and acknowledeed to me that he executed the same 3 - for the purposes and consideration therein expressed. in the canactty therein stated and as I the act and deed of said corporation. - C1\ f-N ( "\I)FR \11' I I.\'\I) \\I) ';I. \l. OF L i I 1( F. iii this the day of I 19 I } I i I . 11 • li . f10. SURVEYOR'S CERTIFICATE • ' This is to certify that I, (name) ,a Registered Public Surveyor of the State of Texas, have platted the attached subdivision from an actual survey on the ground; and that all lot corners, angle points,and points of curve are properly marked on Jthe ground; and that this plat correctly represents tat survey made under my supervision. I I (Print Name) Surveyor Texas Registration No. 1 (SEAL) I 11. CORRECTED PLAT TITLE lk. . • CORRECTED PLAT OF ADDITION Being a Correction of Addition as filed in Volume , Page , IL Tarrant County Records and Being an Addition to the City of Euless,Tarrant County, Texas Ii. I t , 12. CORRECTED KAT NOT 1 T1O.V t i Note: The soIi purpose of this Corrected I'!:it is to kite reason I [State ia%%, tectunes tti:tt one ut the tc.tsons li ted in Sec. 1 7- 1 " I t'(,rrccted Plat. c t_:trn:t ic,r [dint!, ;:n \ntct;ciccl I'! .1, ;;fust he cited to this nuts. I I — 1 1 II i111 11 i 1 t i INDEX I 1 C. •k [( # t 1 1. f A D 1 It 1s Aircraft Exposure Zone: 8.25, also 8.5, Definitions: 1.3 s i 8.10, 8.15 i Definition of Zone "B": 8.25 Development Review Committee (DRC): I Areas of Sig. Aircraft Influence : 8.25 1.2 4 1 Avigation Easement: 8.25 Subject to Uniform Bldg. Code : 8.25 Drop Manholes: 9.10 . I Alley:9.8, also 1.3. 1.4, 1.13, 2.6. 8.4. 8.9, E - I 8.15, 8.20 1 # Definition of: 1.4 Easements: 9.16 also 1.4. 1.10. 1.12. 2.8. j As Built Plans: 9.19 9.5,59.14--17. 8.15. 8.21. 8.25. 9.2-3, • Access and Egress : 1.7 B Avigation : 1.8 4Construction : 1.8 _ j Block: 9.3, also 8.2, 8.4. 8.6, 8.9, 8.11. 8.13. Definition of: 1.7 I 8.15, 8.16. 8.22, 9.1. 9.2 Drainage: 1.8 r , Definition of: 1.5 Maintenance: 1.8 Y Utilitiy: 1.8 I Building Pcrmit: 2.5, 2.6, 8.2, 8.4, 9.8 i Definition of: 2.2 Enforcement: 2.1 also 2.6-7 '. C Enginccring (Construction) Plans: As Bulks: 9.19 I (..j Certificate of Occupancy: 2.1 also 2.2, 2.5, Definition of: l.6 l 2.6 Final Plat Requirements:8.11-12, 8.16 Definition of: 1.5 Preliminary Plat Requirements: 8-6. 8.8-9 Replan Requirements: 8.17 Clcanouts: 9.10 i_ Comprehensive Plan: 2.3, 2.10. 8.1, 8.7. 8.8. F 9.5 I 4 Definition of: 1.6 • Final Plat: 8.8. also 8.3. 8.7. 8.9-15. 8.17, 1 ' 8.22-25. 9.4, 9.18.20 1 !_ Construction : 8.9, 8.9 Application Requirements: 8.8 I Completion of Improvements :9.1 9 Action by Council: 8.12 Contracts : 9.1 9 Action by P&Z: 8.12 ` 1 Costs : 9.1 9 Deadlines: 8.11 Definition of: 1.6 Dettnnton of: 1.12 Inspection : 9.20 Purnosc: 8.8 I Pre-Cortstruct:on Approval : 9. l9 Submitted Material: 8.11 Corrected Plat: 8.20 Firc hydrants: 9.9 ' Criteria 8.2 0 I IDointtiun r.t 8. 3 Hood Prone Land: IF.i'nlan:rtnry `'utc 8.2 2 ht,-ruse 1,1 8.2 0 (i I ? ' uhtnrr ttr.rt Rt- nrc•rncnts 8.2 3 CuI-dc•aac' '1 (, usu v 1. '. `. 'Pi.. ') 18 'l 1 .Itrtltn,n 111 . I (, # j Hearings: Curb and Gutter: 9.7 .,Iso 1.13. 8.10. ') 3, City Council. 2.') -" t h•8. 'r 12-I3, 9 I P&Z. 2.9 } Public: 1.12. 1.13. I IS. 2.4-5.2 8.9 Rcplat: 8.18.220. 8.23 I Zoning hoard of Adjustment: 2.8 I I . 0 I( IF( House and Business Numbers: 8.4 Submitted Material: 8.16 - Twenty(20)Percent Rule: 8.19 I Without Vacating Preceding Plat: 8.18 i '.• - . J S S . K if . Short Plat Process: 8.3 also 8.7. 8.14 L Criteria : 8.13 • Lift Stations: 9.10 Short Plat Process: 111Purpose of: 8.13 MSidewalks: 9.8 also 8.9, 9.2 III Manholes: 9.9-10 Standard Specifications: 9.18-19 • N Statutcs: fPlatting : 1.1 I 0 Zoning: 1.1. 2.4 Stormwatcr Improvements: • P Bridges : 9.17 I Catch Basins : 9.1 5 Parks, Schools, Playgrounds: 9.4 also Closed Drainage Systems; 9.13 9.1-2 Curb Height :9.1 2 !( Drainage Features and Policies : 9.12 IINi. • . . Penalties: 2.2 also 2.25 Easements: 9.1 6 Maximum Water Depth : 9.12 Platting: 1.1, 1.9, 1.12, 1.14, 2.2-4, 2.8. 8.3, Method of hlcasunng : 9. 10 I8.24-25. 9.19 Natural Channels :9.1 3 Applicability of: 8.1 Open ditches and Channels : 9.16 '- Goals of: 8.1 Reinforced Concrete Lined Open Procedures: 8.2 Channels:9. 1 3 • Purpose: 8.1 Valley Gutters : 9.1$ .. Preliminary Plat: 8.3, also 2.3, 8.2, 8.5-8, I. Strcct Improvements: 8.13-14, 9.4, 9.14, 9.18 Access to Arterial Streets: 9.6 Action by Council : 8.7 Alleys : 9.8, also 1.3, 1.4, 1.13. 2.6, Action by P&Z : 8.6 8.4. 8.9. 8.15. 8.20 Application Requirements : 8.4 Connection to Adjacent Additions : 9.7 Deadlines : 8.5 Curbs and Gutters : 9.7 also 1.13, 8.10, I Definition of: 1.12 ') 3, 9 6.8. 9 12.14, 9 :6 i Effective Period : 8.7 Care KCnurremcnts . ').7 I Exception to : 8.3 ':_.tu•r:U Jtrccts 9 6 Submitted ,Ilatcrtal . 8.6 '...tic-..: I- .atr,r:-.anee ) 5 :+c_s .n -:.c•ct •tu:nmcm 'I 6 Public Notice: 1.12 ,rr..L::.,r•,s .•1 t'•rw.'r .,,,tit 9 R I - ,crs,,,t:s :,,r I ,lure Sift.•S 9 8 .. ,,..s 9 R ,r _..,SSII.IJtfnnS '1 5 R .. f r 1, .,.:e: '1.7 I .. s .,n.r .tludrtic.rtruns . 9.5 I�cplal: 8.14. su i •i,true ••v the r.',,unur A 17 Icrn,n by n:c PAZ 4 17 .•t/cct I ,,•,l.t Improvements: I r 4pprrc':.rrntr i'CgrrrrrtU.Iurs 8 14. 4 20 I.unrnrsrrausr :Il+pruval 'l.I R lk:r.Nurrs :4.1 7 C.ipacr(v of Lurnrnancs • 9. 1 7 Derwww, or 1. 1 3 CJsts • 9. 1 R c•anNonce R. 1 '/ Luratrons 9. I A Public Il I Preliminary flat : 9. 1 R Pura•»c• of A. 14 I I / c* 1 ir( Collection Lincs : 9.10 z Streets: Drop Manholes :9.10 Alleys : 9.8, also 1.3. 1.4, 1.13, 2.6, Lift Stations : 9.10 8.4, 8.9, 8.15, 8.20 Manholes : 9.9-10 1 i Arterials :9.1 also 9.3. 9.5-6, 9.18 Collectors: 9.1 also 9.5-7, 9.13, 9.17 Water Improvements: Cul-de-sacs : 9.6 also 1.6 9.1, 9.5.9.6. Blocking :9.9 { . 9.18 Fire Hydrants : 9.9 r i Local:9.1 also 1.6, 9.5-6, 9.17 Water Mains :9.8 ! { Valves:9.8 1 Subdivision Lay-out Standards: Blocks: 9.3, also 1.5 8.2, 8.4. 8.6, 8.9. 8.11, 8.13, 8.15, 8.16, 8.22, 9.1, 9.2 X • I i Subdivision Lay-out Standards (cont.): Building Lines : 1.5 also 1.13. 8.4, 8.10, 8.15, 9.2-3, 9.8 Y I Lots : 1.9, 9.2 also 1.1. 1.5.7, 1.11. 11.12-IS. 2.2, 2.6, 8.2-5, 8.7. 8.9-11, Z 9.1-4,9.6,9.8. 9.14-16. 9.18-21, 9.24, I Parks. Schools. & Playgrounds : 9.4 also III 9.1-2 Zone 'B': 8.25 also 8.5. 8.10. 8.15 Survey Monuments and Markers: 9.4 also 1 8.10-11, 8.16, 8.21 Zoning Board of Adjustment: 2.4 also 1.3, 1.14, 2.2 II Appeals to :2.5 a T Creation : 2.4 1 C Notice of Public Hearings :2.8 Procedures of: 2.4 I.i I ( U Required Vote :2.8 Specific Powers of: 2.6 Unified Development Control Document I (UDC): 1.1-4, 1.12-13, 2.2, 2.9 Amendment of: 2.8 also 8.8 Benefits of : 1.2 - ' Urban Design Principles: 9.1 . �-- � I i Vacated Plats: 8.24 also 8.14.8.18 jt �_ Valley Gutters: 9.15 1 " Valves: 9.8 also 9.9, 9.1') F 1 _ Variance: I -I uthrrrttv..2. 3 Dctrrrtuun (It I . I4 1'1 Win:: 2.2- 1 1/Ci..m..:ihurl ur '.1ur111:i.i1i n %1 2 7 I VIola tions: 2 2 ,.,.r 1 • . W Wastewater Improvements: I l 1 id.rrtr.urs' '/. I 0 G J O 4�w o� G� EXHIBIT "B" EXHIBIT B ARTICLE III. Licensing Requirements for Sexually Oriented Businesses. DIVISION 1. GENERALLY Section 18 -76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: Adult Bookstore or Adult Video Store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one of the following: (a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representation which depict or describe "specified sexual activities" or "specified anatomical areas "; or (b) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." This does not include items used for birth control purposes or for prevention of sexually transmitted diseases. Adult Motion Picture Theater means any commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photograph reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult Service Establishment means any commercial establishment which, as its principal business purpose, offers services or sells products to customers and in which one or more of the employees or the customer appears in a state of nudity, semi - nudity, or simulated nudity. Church means any building, whether situated within the city or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief. Escort means any person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offer to privately model lingerie, perform a striptease, or to provide "specified sexual activities" for another person. Escort Agency means any person or business association who furnishes, offers to furnish, or advertises to furnish escorts, as one of its principal business purposes, for a fee, tip, or other consideration. Licensee means any person in whose name a license to operate a sexually oriented business has been issued, as well as any and all individuals listed as applicants on the application for a license. Nude Model Business means any place where a person who appears in a state of nudity, semi - nudity, or simulated nudity or displays "specified anatomical areas" is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity or State of Nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the female breast; or a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Semi - nudity means a state of dress in which opaque clothing covers no more than the genitals, pubic region, buttocks, and areola of the female breast, as well as parts of the body covered by supporting straps or devices. Sexual Encounter Center means a business or commercial enterprise that, as its principal business purpose, offers for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons as in a state of nudity, semi - nudity, or simulated nudity. Sexually oriented Business means (a) An adult arcade, adult bookstore, or adult video store, adult service establishment, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business, or sexual encounter center; and /or (b) any establishment whose principal business is the offering of a service or the selling, renting, or the exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or whose employees or customers appear in a state of nudity, semi - nudity, or simulated nudity. However, the term "sexually oriented business "shall not be construed to include: (i) any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses, or licensed athletic trainers; (ii) any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; (iii) any retail establishment whose principal business is the offering or wearing apparel for sale to customers and does not exhibit merchandise of live models; or (iv) any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university. Simulated nudity means a state of dress in which any device or covering is worn and exposed to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the female breast. Specified Anatomical Areas means human genitals in a state of sexual arousal. Specified Sexual Activities means the fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality; masturbation, actual or simulated; and /or excretory functions. Section 18 -77. Location requirements. Sexually Oriented Businesses must comply with the location requirements prescribed in Section 4 -1003 of the City of Euless Uniform Development Code. DIVISION 2. LICENSE Sec. 18 -101. Required. No person may operate or cause to operate a sexually oriented business without a valid license, issued by the City for that particular type of business. The applicant must be qualified according to the provisions of this Article. The fact that a person possesses other types of state or city permits does not exempt the person from the requirement of obtaining a license for sexually oriented business. Section 18 -102. Application. An application for a license must be made on a form provided by the Chief of Police or his designee. The application for a license must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. All applications for a license under this Article shall be accompanied by a non - refundable application fee as established in Section 30 -25 of the Euless Code of Ordinances. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted. If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 18 -103 and each applicant shall be considered a licensee if a license is granted. Section 18 -103. License Issuance The Chief of Police shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless the Chief of Police finds one or more of the following to be true: (a) The location of the adult entertainment establishment is or would be in violation of Section 4 -1003 of the Uniform Development Code (Chapter 84 of the City of Euless Code of Ordinances); (b) The applicant failed to supply all of the information requested on the application; (c) The applicant gave false, fraudulent, or untruthful information on the application; (d) An applicant is under 18 years of age; (e) An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business; (f) An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial of a license; (g) The application or renewal fee required by this article has not been paid; (h) The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof upon which the sexually oriented business will be situated or has a legally enforceable right to acquire the same; (i) An applicant or the proposed establishment is in violation of or is not in compliance with Section 18 -104, 18 -107 or 18 -109 (j) of this Article; An applicant or an applicant's spouse has been convicted of a crime: (1) Involving: (aa) Any of the following offenses as described in Chapter 43 of the Texas Penal Code: (aa) Prostitution; (bb) Promotion of prostitution; (cc) Aggravated promotion of prostitution; (dd) Compelling prostitution; (ee) obscenity; (ff) Sale, distribution, or display of harmful material to a minor; (gg) Sexual performance by a child; and /or (hh) Possession of child pornography; (bb) Any of the following offenses as described in Chapter 21 of the Texas Penal Code: (aa) Public lewdness; (bb) Indecent exposure; (cc) Indecency with a child; (cc) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; (dd) Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; (ee) Criminal attempt, conspiracy, or solicitation to commit anv of the foregoinq offenses; (2) For which: (aa) Less than two years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or (bb) Less than five years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or (cc) Less than five years the last conviction confinement for the the later date, if more misdemeanor misdemeanor offense period. have elapsed since the date of or the date of release from last conviction, whichever is the convictions are of two or offenses or combination of s occurring within any 24 -month The fact that a conviction of the applicant or applicant's spouse is being appealed shall have no effect on the disqualification. An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 18- 103(j)(1) may qualify for a sexually oriented business license only when the time period required by Section 18- 103(j)(2) has elapsed. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. Section 18 -104. Inspection and Maintenance of Records. An applicant or licensee shall permit representatives of the police department, health department, fire department, and building inspections division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. A person who operates a sexually oriented business or his agent or employee commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete update application. A valid driver's license, state identification card, or passport, all with a photo, shall be required for all applications. Section 18 -105. Expiration of License. Each license shall expire on December 31 of each year. A license may be renewed by submission to the Chief of Police or his designee of an application on the form prescribed by the Chief of Police and payment of a non - refundable renewal processing fee as prescribed in Section 30 -25 of the City of Euless Code of Ordinances. Applications for renewal shall be made at least 30 days before the expiration date of the license. Section 18 -106. Suspension. The Chief of Police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has: (a) violated or is not incompliance with Section 4 -1003 of the uniform Development Code, or Section 18 -104, or 18 -109 of this Article; (b) Engaged in public intoxication while on the sexually oriented business premises; (c) Refused to allow an inspection of the sexually oriented business premises as authorized by this Article; or (d) Knowingly permitted gambling by any person on the sexually oriented business premises. When the Chief of Police is authorized to suspend a license under this Section, he shall give the licensee the opportunity to pay a reinstatement fee as prescribed in Section 30 -25 of the City of Euless Code of Ordinances, rather than have the license suspended. Payment of this reinstatement fee shall be considered an administrative admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this article. If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, he loses the opportunity to pay it and the Chief of Police shall impose the suspension. Each day in which a violation is permitted to continue shall constitute a separate cause for suspension. Section 18 -107. Revocation. The Chief of Police shall revoke a license if a cause of suspension in Section 18 -106 occurs and the license has been suspended or a reinstatement fee paid within the preceding 2 months. The Chief of Police shall revoke a license if he determines that: (a) A licensee gave false or misleading information in the material submitted to the Chief of Police during the application process; (b) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (c) A licensee or an employee has knowingly allowed prostitution on the premises; (d) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; (e) A licensee has been convicted of an offense listed in Section 18- 1O3(j)(1) for which the time period required has not elapsed; (f) On two or more occasions within a 12 -month period, an employee of the establishment committed in or on the licensed premises an offense listed in Section 18- 103(j)(1) for which a conviction has been obtained; (g) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in section 21.01, Texas Penal Code; or (h) A licensee is delinquent in payment to the City for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. The fact that a conviction is being appealed shall have no effect on the revocation of the license. Section 18- 107(g) does not apply to adult motels as ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. When the Chief of Police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation become effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Section 18- 107(e), an applicant may not be granted another license until the appropriate number of years required under Section 18- 103(j)(2) has elapsed. Section 18 -108. Appeal. If the Chief of Police is authorized to deny the issuance of a license, or suspend or revoke a license, the Chief of Police shall give written notice to the applicant or licensee of such intention. (a) The notice shall provide that the denial of issuance, suspension, or revocation shall take effect at the expiration of the third working day after notification unless the licensee provides a written response to the Chief of Police before the expiration of the third working day. (b) If a written response from the applicant or licensee is received by the Chief of Police before the expiration of the third working day, the suspension, denial of issuance, or revocation will be stayed pending a decision by the Chief of Police. The Chief of Police shall review the response before rendering a decision. (c) The Chief of Police shall give written notice of his decision to the applicant or licensee. (d) The decision by the Chief of Police is effective immediately and final pending any appeal. (e) Notice shall be deemed delivered by hand delivery to a licensee, owner, or employee of the establishment or by a posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. Such notice shall be mailed to the address listed in the license application for receipt of notice. Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court. An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the Chief of Police or decision of the license appeal board, as applicable. The licensee or applicant shall bear the burden or proof in court. Section 18 -109. Transfer of License. No person shall transfer his license to another person or operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. No person shall counterfeit, forge, change, deface, or alter a license in any way. EXHIBIT "C" EXHIBIT C Section 30 -25. Sexually oriented business license. Application fee ............................... $500.00 Annual renewal fee ............................ 500.00 Reinstatement fee ............................. 200.00