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"FAM'L'>'"'-"UMBEL <:&' 'V"IJ >-10""'" IST<-, CITY OF NORTH RICHLAND HILLS, TEXAS THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS INCORPORATING AMENDMENTS THROUGH NOVEMBER 9,1992 TABLE OF CONTENTS SECTION DESCRIPTION Section I Section II Section III Section IV Section V Section VI Section VII Section VilA Section IX Section IXA Section X Section XI Section XII Section XIII Section XIV Section XV Section XVI Section XVII Section XVIII Section XIX Section XX Section XXI Section XXII Section XXIII Section XXIV Section XXV Section XXVI Section XXVII Section XXVIII Section XXIX Section XXX Grandfather Clause Appendix I Appendix II Appendix III Purpose Zoning Map Provisions Definitions R-1 Single Family District R-2 Single Family District R-3 Single Family District R-4-SD Separate Ownership Duplex District R-1-S Special Single Family District R-5- T Townhouse R-8 Detached Zero Lot Line Residence R-7-MF Multifamily District 0-1 Office District LR Local Retail District C-1 Commercial District C-2 Commercial District OC Outdoor Commercial District 1-1 Light Industrial District 1-2 Medium Industrial District U School, Church & Institutional District PD Planned Development SU Specific Use Permit FP Flood Plain District Parking & Loading Requirements AG Agricultural District Special Development Controls Application of District Regulations Nonconfonning Uses Zoning Board of Adjustment Amendments Administration, Enforcement & Fees Signs List of Specific Use Permits List of Planned Developments Minimum Parking Area and Spaces TEXT AMENDMENTS ORDINANCE NUMBER DESCRIPTION 1112 1206 1228 1231 1232 1233 1268 1284 1287 1307 1337 1375 1376 1376 1409 1416 1417 1421 1449 1457 1494 1572 1618 1636 1641 1643 1665 1672 1700 1705 1725 1726 1738 1749 1751 1748 1785 1791 1792 1794 1795 1809 1810 1816 1817 1824 1828 1829 1815 1855 Parochial Schools Car Spaces Disabled Spaces Planned Development Accessory Apartment Zero Lot Line Pet Store Mini-Warehousing Special Single Family District Bowling Alleys Rules and Procedures Specific Usage Residential Masonry Requirements Accessory Buildings R-7 MF Multifamily Table 22,3 School Parking Screening Fence Commercial Buildings Accessory Buildings Wind Chargers, TV Satellite Dishes Commercial Amusements, Health Studios Signs Masonry Tilt Wall Requirements Revision to Ordinance New Car Dealerships Banner Signs Temporary Sales & Christmas Trees Revisions to Use Tables Rear Yard Requirements Specific Use Permits Accessory Building Regulations TV Satellite Dishes Parking Space Dimensions Day Care/Kindergarten Side Yard Requirements Carnivals & Special Events LPG/CNG Dispensing Stations Pawn Shops Self Storage/Mini-warehouse Side Yards Requirements Policy on R-8 Zero Lot Line District R-3 Square Foot Requirements Masonry Requirement - Existing Residences Automobile Inspection Stations Automobile Lubrication Center/Service Sta. Extra Width on Corner Lots Landscape Requirement Ground Floor Residence Requirement Vehicle Storage Facility Clarification of Ordinance 1636 QAIE 4/23/84 6/08/85 6/1 0/85 6/1 0/85 6/1 0/85 6/1 0/85 8/26/85 10/14/85 10/14/85 11/11/85 3/24/85 6/09/86 7/14/86 7/14/86 11/10/86 11/10/86 11/10/86 12/08/86 4/27/87 5/11/87 9/28/87 8/1 0/88 8/14/89 10/09/89 11/13/89 11/13/89 4/09/90 5/14/90 12/10/90 1/14/91 3/14/91 1/14/91 6/1 0/91 7/08/91 8/12/91 11/11/91 3/23/92 4/13/92 4/13/92 4/13/92 6/22/92 6/08/92 6/08/92 7/13/92 7/13/92 8/10/92 8/10/92 8/1 0/92 9/28/92 11/9/92 SECTION I PURPOSE 1.1 PURPOSE The purpose of this ordinance is to zone the entire area of the City of North Richland Hills into districts in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the general public. The regulations and districts herein established have been designed to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air, to prevent the overcrowding of land. to avoid undue concentration of populations, to provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements. Said districts have been established with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with the view of conserving the value of buildings and encouraging the most appropriate use of land through the community. Where this ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by other ordinances, covenants or agreements, the provisions of these regulation shall govern. Where other ordinances impose greater restrictions than are imposed herein the provisions of such other ordinances shall govern. 1-1 SECTION \I OFFICIAL ZONING MAP PROVISIONS 2.1 The City of North Richland Hills is hereby divided into the zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Secretary. 2.2 If, in accordance with the provisions of this ordinance, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, promptly after the amendment has been approved by the City Council. 2.3 Approved zoning changes shall be entered on the Official Zoning Map by the City Enforcing Officer and each change shall be identified on the map with the date and number of the ordinance making the change, No amendment to this ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such ordinance has been finally approved by the City Council. 2.4 No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable hereunder. 2.5 Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Office of the City Secretary, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City, The Official Zoning Map shall be available to the public at all hours when the City Hall is open to the public, 2.6 REPLACEMENT OF THE ZONING MAP In the event the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map, The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, 2-1 SECTION III DEFINITIONS Words in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is mandatory and directive, ABUTTING PROPERTY - Property abutting upon a street shall also be understood as not abutting property on the other side of the street. ACCESSORY BUILDING - A subordinate building located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. ACCESSORY USE - A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. ADJACENT - Shall mean "next to" or "closest to" but shall not necessarily mean "touching". AIRPORT OR LANDING FIELD - A landing facility for aircraft. ALLEY - A way which affords only a secondary means of access to abutting property. AMENDMENTS - Changes made in the text or map of the zoning ordinance, AMUSEMENT, COMMERCIAL (outdoors) - An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including but not limited to a golf driving range, archery range and miniature golf course. AMUSEMENT, COMMERCIAL (indoors) - An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the boundary line and including, but not limited to, a bowling alley or billiard parlor, In industrial areas, commercial amusements shall be subject to the same sound perfonnance standards as industrial uses. AMUSEMENT PARK - Any lot, tract or parcel of land, or any improvement thereon, either temporary or pennanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, any of which is operated for a profit. Without limiting the scope of this definition, the following shall be considered as games of skill: Bat-a-ball, miniature golf courses, golf driving ranges and archery galleries, skeet fields and rifle ranges, Without limiting the scope of this definition, the following shall be considered as circuses or carnivals: Wild west shows, medicine shows, vaudeville shows, minstrel shows, Without limiting the scope of this definition, the following shall be considered as riding devices: Skating rinks, merry-go-rounds, Ferris wheels, whips, sky rides, hobby horses, flying jennies, pony rides, kiddy trains. ANTIQUE SHOP - An establishment offering for sale within a building articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as result of age, design or sentiment. APARTMENT - A room or suite of rooms in a multi-family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, individual or group of individuals. 3-1 APARTMENT DWELLING GROUP - Two or more apartment buildings designed as an integral unit and occupying a lot or parcel of land in one ownership and connected by common water and sanitary systems, APARTMENT HOUSE - Any building designed, built, rented, leased, or let to be occupied as a home or place of residence by three or more families living in independent dwelling units. AREA OF THE LOT - The net area of the lot. It shall not include portions of streets and alleys. ART GALLERY OR MUSEUM - An institution for the collection, display and distribution of objects of art or science, sponsored by a public or quasi-public agency and which facility is open to the general public. ATMOSPHERIC POLLUTION - The discharging from stacks, open storage, chimneys, exhausts, vents, ducts, openings or open fires of such air contaminants as visible emissions, sulphur dioxide, particulate matter, hydrocarbons, fumes or similar material or gases, ATTACHED GARAGE - A garage which has one or more walls common with the principal building on a lot; or which is attached to the principal building by an enclosed porch, loggia or passageway, the roof of which is part or extension of the roof of the principal building, AUTO LAUNDRY - A building, or portion thereof containing facilities for washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. AUTOMOBILE - A four-wheeled self-propelled vehicle designed for passenger transportation and commonly propelled by an internal-combustion engine. AUTOMOBILE INSPECTION STATION - A facility which performs inspections of and affixes inspection stickers to vehicles for compliance with applicable State Motor Vehicle Inspection Laws. No repairs are performed other than the minor replacement of items associated with the automobile inspection process. AUTOMOBILE REPAIR, MAJOR - General repair, or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop, AUTOMOBILE REPAIR, MINOR - Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service, replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, AUTOMOBILE SALES AREA - An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, AUTOMOBILE LUBRICATION CENTER OR SERVICE STATION (not including repair) - Facilities which perform retail sales of motor fuels and perform routine maintenance of motor vehicles, including the replacement of elements and fluids which are expected to be routinely replaced on a frequent basis such as engine oils, lubrications, brake fluids, transmission and power steering fluids, and air filters. AWNING - An awning is a roof-like cover of a temporary nature that projects from the wall of a building. BACKGROUND NOISE - Noise from all sources other than that under specific consideration including traffic operating on public thoroughfares. BAR - An establishment, not a restaurant, the principal activity of which is the sale and consumption on the premises of liquor, wine, beer or any other alcoholic beverages, whether served with or without food and other refreshments. 3-2 BASEMENT - A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height. BASEMENT, CELLAR - A basement or cellar is a story wholly or partly (at least fifty (50%) percent) measured from floor to ceiling, below the average level of the ground surrounding the building. A basement or cellar is not counted when measuring the height of a building. BILLBOARD - An outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises, BLOCK - A piece or parcel of land platted as a block on a plat officially adopted by the City and County. BLOCK FACE - A block face is a side of a block facing upon a street, within which lots face the abutting street. BOARDER, LODGER OR ROOMER - Person occupying one or more rooms in a residential structure or portion of such structure occupied as a single housekeeping unit as permitted by this ordinance, other than apartment, hotel, or motel, for which compensation is required, BOARDING HOUSE - A building other than a hotel or apartment hotel where for compensation and by pre-arrangement or definite periods, meals or lodging and meals are provided for five (5) or more persons, but not exceeding twenty (20) persons. BOARD OF ADJUSTMENT (See Section XXVII) BOULEVARD STREET - A public street which, in accordance with the comprehensive plan for zoning of the City and City wide traffic surveys, has been designed to channelize and expedite the free movement of inter-city or intra-city, heavy-volume or high-speed traffic and to relieve congestion from other public streets. Such term, when applied to limited access type roadways, shall be construed to include both the main traffic lanes and frontage roads. BREEZEWAY - A structure entirely open except for roof and supporting columns which connect a residence and an accessory building on the same lot. BUILD - The word build means to erect, convert, enlarge, reconstruct, or alter a building or structure. BUILDABLE WIDTH - The buildable width of a building site is the width of the building site left to be built upon after the required side yards are provided, BUILDING - Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. BUILDING, DETACHED - A detached building is a building surrounded by yards or open space on the same building lot. BUILDING ENDS - Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building. BUILDING, FRONT OF - That portion of a building most nearly parallel with and adjacent to the front of the lot on which it is situated. BUILDING, HEIGHT OF - The vertical distance measured from the ground level to the highest point of the roof surface. 3-3 BUILDING LINE - A line parallel or approximately parallel to the street line at a specified distance therefrom establishing the minimum distance from the street line that a building may be erected, BUILDING LINE, FRONT - A line located a minimum horizontal distance from a front lot line parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this ordinance, BUILDING LINE, REAR - A line located a minimum horizontal distance from a rear lot line, if any, and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this Ordinance. BUILDING LINE, SIDE - A line located a minimum horizontal distance from a side lot line, if any, and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this ordinance. BUILDING LOT - A building lot is a single tract of land located within a single block which (at the time of filing for a building permit) is designed by its owner or developer as tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two (2) or more building lots, subject to the provisions of this ordinance. BUILDING, MIXED - A mixed building is a building used partly for residential use and partly for community facility and/or commercial use, A mixed building is a commercial use. BUILDING OFFICIAL - The building inspector or administrative official charged with responsibility for issuing pennits and enforcing the building code, BUILDING, PRINCIPAL - A building in which the principal use of the lot on which it is located, is conducted, All residential uses, except bona fide servants' quarters are principal uses. BUILDING, RESIDENTIAL - A building which is arranged, designed, used or intended to be used for residential occupancy by one (1) or more families or lodgers, BUSINESS - Includes retail, commercial, and manufacturing uses and districts as herein defined. CANOPY OR MARQUEE - A roof-like structure of a pennanent nature which projects from the wall of a building or structure and overhangs a private or public way, CARPORT - A roofed structure open on three sides when attached to a dwelling and open on four sides when detached from a dwelling, covered with a roof supported by structural steel or wood columns or masonry piers of minimum size for structural safety, CAR SPACE - Space required to park one motor vehicle, CEMETERY - Land used or intended to be used for the interment of human and pet remains and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. CERTIFICATE OF OCCUPANCY - A written document signed by the Building Official authorizing a described use at a described location. CHILD CARE CENTER - Any place, home or institution which cares for four (4) or more children under the age of sixteen (16) years apart from their parents, guardians, or custodians for regular periods of time for compensation provided, however, that the term "child care center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. 3-4 CHURCH - A place of worship and religious training or recognized religions including the on-site housing of ministers, rabbis, priests, nuns and similar staff personnel. CITY COUNCIL - The governing and legislative body of the City of North Richland Hills, Texas. CITY MANAGER - The Chief City Administrative officer. CLEANING SHOP OR LAUNDRY (Limited Area) - To be of the customer self-service type and not a commercial laundry or cleaning plant. CLINIC - A group of offices for one or more physicians, surgeons, or dentists to treat sick or injured out-patients. CLINIC, VETERINARIAN· A group of offices where one or more veterinarians treat sick or injured animals and where animals only remain overnight inside clinic for recovery. CLINIC, MEDICAL - An institution or station for the examination and treatment of ill and afflicted out-patients. CLUB - A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. CLUB, CIVIC - A building or portion of a building, together with the grounds and related facilities, primarily used by an association of persons for periodic meetings to promote special purpose activities, such as literature, science, or civic improvements, CLUB, COMMUNITY - A building or portion of a building, together with the grounds and related facilities, used primarily by an association of the residents of a particular subdivision, neighborhood or housing development and by its members and guests for social, fraternal and recreational purposes. CLUB, PRIVATE - A building or portion of a building together with the grounds and related facilities used primarily by an association, its members, and their guests for social, fraternal, and recreational purposes. COLLEGE OR UNIVERSITY - An academic institution of higher learning, accredited or recognized by the State and offering a program or series of programs of academic study. COMMERCIAL AMUSEMENTS - An enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fee collected at the gate of the activity, Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, and traveling shows. COMMERCIAL DOG KENNELS - Any lot or premises on which dogs are kept, raised, sold or boarded primarily for profit and gain. COMMERCIAL GYMNASIUM - Any facility, open to the general public, offering as its primary use floor area for the playing of organized sports, such as basketball or soccer, for fees; whether in structured league arrangements or in "free play· setting. Such facilities may include restaurant and snack bar-refreshment services subject to all other provisions of this Ordinance governing such services. COMMISSION - The Planning and Zoning Commission of the City of North Richland Hills. COMMON AREA· An area held, designed and designated principally for the common use of the occupants of a town house project, PUD, mobile home park, or subdivision. 3-5 COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the City of North Richland Hills, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the City. COMPREHENSIVE PLAN - Policies in graphic and textual form which guide the future development of the City, CONDOMINIUM - Any building or portion thereof, which is designed, built or altered to allow for individual ownership of each unit within the building or buildings, CONVALESCENT HOME - Any structure used or customarily occupied by persons recovering from illness or suffering from infirmities of age. COURT YARD - An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent space. COVERAGE - The percentage of a lot or tract covered by the roof or first floor of a building, Roof eaves to the extent of three (3) feet from the walls of a building shall be excluded from coverage computation. CURB LEVEL - The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Director of Public Works shall establish such curb or its equivalent for the purpose of this Ordinance. DAY CAMP - A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis, DENSITY - The ration of dwelling units or rooms to the area of the lot or tract upon which a residential structure is located or erected. DEPTH OF LOT - The mean horizontal distance between the front and rear lot lines, DEPTH OF REAR YARD - The mean horizontal distance between the rear line of a building and the rear lot line. DETACHED GARAGE - A garage wholly separated and independent of the principal building on a lot; or connected to the principal building by an unenclosed or latticed passageway, pergola, arbor, or covered walk. DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. DEVELOPMENT STANDARDS· Standards or requirements that apply to improvements or the placement of these improvements on a site or parcel of land, Examples are height, yard and parking requirements, DISTRICT - A contiguous parcel of land of the same zoning. DORMITORY - A building containing sleeping rooms for persons who are generally engaged in the same activities, usually students. DRIVE-IN FOOD AND DRINK ESTABLISHMENT - An establishment serving food and drink to customers in their cars, patio or tables outside of a building, DWELLING - A building or portion thereof, designated but not a house trailer, designated and used exclusively for residential occupancy, including one family dwellings, but not including hotels, motels, or lodging houses. DWELLING, ATTACHED - An attached dwelling is one which is joined to another dwelling at one or more sides by a party wall or walls. 3-6 DWELLING, DETACHED - A detached dwelling is one which is entirely surrounded by open space on the same building lot. DWELLING, ONE-FAMILY ATTACHED - A dwelling building on a separately platted lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate wall, served by separate utilities and not occupied by more than one family. DWELLING, ONE-FAMILY DETACHED - A detached building having accommodations for and occupied by not more than one family, or by one family and not more than two (2) boarders or lodgers, DWELLING, TWO-FAMILY - A detached building having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders or lodgers. (Two boarders or lodgers to each unit.) A dwelling designed, arranged, or used exclusively for the use and occupancy of two families living independently of each other. DWELLING, MULTIPLE FAMILY - Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families. DWELLING UNIT - A room or suite or set or rooms occupied, or suitable for occupancy, as a family residence, and having kitchen, bath and sanitary facilities, together with appropriate appurtenances. EFFICIENCY APARTMENT - An apartment having a maximum floor area of four hundred square feet. EMERGENCY ACCESS EASEMENT - An area other than a dedicated street or alley, which is maintained free and clear of buildings, structures, or other obstructions for the purpose of providing free passage or service and emergency vehicles. ENFORCING OFFICER - The administrative official charged with responsibility of enforcing the Zoning Ordinance. FAMILY - A family consists of one (1) or more persons, each related to the other by blood, marriage, or adoption or a group of not more than four (4) persons not related by blood, marriage or adoption (excluding servants) who are living together in a dwelling. FARM, RANCH, GARDEN OR ORCHARD - An area of two (2) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance or law, and not including commercial riding stables. FARM ACCESSORY BUILDING - A structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops, FEEDING PEN, ACCESSORY - An area used for feeding of livestock as an accessory use only to farming activities, FEEDING PEN, COMMERCIAL - An area where livestock are confined, whether under fence or not, and are fed in any quantity or in any manner other than grazing on growing herbage, for any purpose other than as a normal accessory use to farming activities, Pasturing of livestock on growing herbage, including rental of grazing land for pasturing shall not be considered as a commercial feeding pen use. FIRE LANE - An all weather approach or opening through which a fire fighting vehicle may pass with a minimum of interference. 3-7 FLEA MARKETS - A collection or group of outdoor stalls, booths, tables or other similar arrangements, used by individual vendors, for the display and sale of various items of new or used personal property. FLOOD - A general and temporary condition or partial or complete inundation, by water or mud, of lands not nonnally inundated and that are used for unstable by man, FLOOR AREA - A. Commercial, business, and industrial building or buildings containing mixed uses: The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center-line of walls separating two buildings but not including: (1) attic space providing headroom of less than seven feet; (2) basement space not used for retailing; (3) uncovered steps or fire escapes; (4) accessory water towers or cooling towers; (5) accessory off-street parking spaces; and (6) accessory off-street loading berths. B. Residential buildings: the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls. FOSTER HOME OR ORPHANAGE - A home in which three or more children are received, raised, or provided with food and shelter by people other then their natural or adoptive parents. FRONTAGE, STREETS - The length of all property on one (1) side of a street between two (2) intersecting streets measured along the line of the street, or if the street is a dead end, then the length of all property abutting on one (1) side between an intersecting street and the end of the dead end street. GARAGE, PRIVATE - An accessory building not exceeding nine hundred (900) square feet in area designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory, GARAGE, PUBLIC - A building or portion thereof, other than a private or storage garage, designed for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles, GARAGE, STORAGE - A building or portion thereof designed or used exclusively for storage of motor-driven vehicles, and at which motor fuels and oils may be sold without exterior advertising, and where motor-driven vehicles are not equipped, repaired, hired or sold. GARDEN HOME DEVELOPMENT - A single-family development containing attached dwelling units on a limited portion of land with the remaining land areas consolidated into common open space. GASOLINE OR FUEL SERVICE STATION - An establishment for the retail sales of petroleum products and automotive accessories, including minor automobile service and repair only as an incidental activity to such retail sales, but not including the overhaul of major automobile components, body work, or repair of heavy trucks. GOLF COURSE (commercial) - A golf course, privately owned but open to the public for a fee and operated as a commercial venture, GROCERY STORE - A retail establishment selling meats, fruits, vegetables bakery products, dairy products and similar for human consumption for off-premises consumption only. GROSS FLOOR AREA - Total floor area dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking. GROSS LEASABLE AREA (GLA) - Total floor area designed for tenant occupancy and exclusive use including basements, mezzanines and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces. GUEST QUARTERS (Guest House) - Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters 3-8 shall not have kitchen facilities or separate utility meters, shall not be rented, and shall not be used as a separate dwelling. HELICOPTER BASE - A landing and terminal facility for rotary wing aircraft, including facilities for fueling, servicing and maintaining such craft. HELIPORT - A landing facility for rotary wing aircraft subject to regularly scheduled use, but not including fueling or servicing facilities for such craft. HELISTOP - A landing pad for occasional and infrequent use by rotary wing aircraft. HOBBY SHOP - An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear hereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith. HOME ASSOCIATION - An incorporated non-profit organization operating under recorded land agreements through which : a) each lot owner in a planned unit or other described land area is automatically a member, and b) each lot is automatically subject to a charge for a proportionate share of expenses for the organization's activities such as maintaining common property. HORSE LOT (Private) - An enclosed area used exclusively for quartering horses (the term "horses" shall include all equine animals) and containing at least 10,000 square feet for the first one to four horses and two thousand (2,000) feet for each horse thereafter with a limit of eight (8) horses per acre. Any area used for the keeping of horses under this ordinance shall be fenced and shall exclude any area required as minimum front yard specified in the Zoning Ordinances of the City of North Richland Hills, HORSE LOT (Commercial) - An area used exclusively for quartering horses (the term "horses" shall include all equine animals) for the purposes of boarding or rental to the public and containing a stable which provides at least one hundred (100) square feet for each horse quartered. HOSPITAL - A building or group of buildings, having room facilities for one or more abiding patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, or the treatment of the mentally ill, convalescent, or infirm persons and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices, provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation. HOTEL OR MOTEL - A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone use and upkeep of furniture. JUNK - The term "junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk. JUNK OR SALVAGE YARD - A junk or salvage yard is a lot upon which waste or scrap materials are both, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes an automobile wrecking yard and automobile parts yard. A junk yard does not include such uses conducted entirely within an enclosed building. 3-9 KINDERGARTEN OR NURSERY SCHOOL - A school for children of preschool age, the work of which is purely preliminary to the work of the public school, and which contemplates a planned program of games, songs, social exercises and object lessons. LAND OWNER - Shall mean the legal or beneficial owner or owners of the land. The holder of an option or a contract purchaser or other persons having an enforceable proprietary interest in such land shall be deemed to be a land owner for the purpose of the Ordinance, LANDSCAPING - Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as, but not limited to rocks, pebbles, sand, walls, or fences, but excluding paving. LEGAL HEIGHT - The maximum height of a building permitted by any airport zoning ordinance or other ordinance restricting the height of structures, LEGAL NON-CONFORMING USE, BUILDING OR YARD - A use, building or yard existing legally at the time of the passage of this Ordinance which does not by reason of design, use, or dimensions conform to the regulation of the district in which it is situated, A use, building or yard established after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal non-conforming use. LIQUOR STORE - Facility whose primary purpose is the sale of beer, wine or liquor not for on-premises consumption, It may include soft drinks and some food items. LIVESTOCK AUCTION - Barns, pens and sheds for the temporary holding and sale of livestock. LIVING AREA - That portion of a building or structure devoted to the occupants use and benefit and shall not include garages, carports or outside areas. LIVING UNIT - A room or rooms occupied by a family and which must include cooking facilities. LOT - Land occupied or intended for occupancy by a use permitted in this Ordinance, including one main building together with its accessory buildings, and the yards and parking spaces required herein, and having its principal frontage upon a street or upon an officially approved place, LOT, ADJOINING OR ADJACENT - Any lot, parcel or piece of land that shares with the lot under consideration a common lot line, alley or any point of tangency, LOT AREA - The lot area is the entire area of the lot bounded by its perimeter property lines. LOT AREA PER DWELLING UNIT - Lot area per dwelling unit is the lot required for each dwelling unit located on a building site. LOT, CONTIGUOUS - Two lots which have one boundary, or a part thereof, common to both lots, LOT, CORNER - A lot abutting upon two or more streets at their intersection. LOT COVERAGE - The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. LOT COVERAGE RATIO - The lot coverage ratio is the ratio of the building ground coverage area to the lot area. LOT DEPTH - Lot depth is the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary. 3-10 LOT DOUBLE FRONTAGE - A lot having a frontage on two streets as distinguished from a corner lot. LOT, INTERIOR - A lot other than a corner lot. LOT LINE, FRONT - A front lot line is the boundary of a building lot which is the line of an existing or dedicated street. Upon comer lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively to the front lot line. LOT LINE, REAR - The rear lot line is that boundary of a building lot which is most distant from the front Jot line. LOT LINE, SIDE - A side lot line is any boundary of a building lot which is not a front lot line or a rear lot line. LOT OF RECORD - A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Tarrant County, or a parcel of land, the deed for which it is recorded in the office of the County Clerk of Tarrant County prior to the adoption of this ordinance. LOT, REVERSE CORNER - A reverse corner lot is a corner lot, rear lot line of the street which abuts the side lot line of the lot its rear. LOT, THROUGH - An interior lot having frontages on two streets. LOT WIDTH - The width of a lot at the front building line. LOUNGE OR NIGHT CLUB - An establishment, other than a restaurant, where liquor, wine, beer and/or other alcoholic beverage is served, dispersed or sold, whether served with or without food or other refreshment, and where facilities are offered for dancing, or dancing is permitted or invited by the general public, or where live entertainment is provided. MANUFACTURED HOUSING OR MANUFACTURED HOME - A mobile home or a modular home or both. MARINA - A boat basin or pier with facilities for berthing and securing all types of recreational water craft, as well as providing adequate supplies, provisions and service, and fueling facilities. MARQUEE OR CANOPY - A marquee or canopy is a roof-like structure of a permanent nature which projects from the wall of a building or overhangs a public way. MENTAL HEALTH CENTER - A facility or institution for diagnosing, treating, caring for and counseling persons requiring mental health service. MINI-WAREHOUSE - Enclosed space rented to the general public for storage of personal goods or belongings. MOBILE HOME - A mobile or portable dwelling which in constructed on a chassis, and which is designed to be towed over Texas roads and highways under special permit, designed for year-round occupancy, designed primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units that can be telescoped when transported and expanded later for additional capacity, or of two or more units, separately transportable, but designed to be joined together into one integral unit. The following shall not be included in this definition: (a) Travel trailer, pick-up coaches, motorhomes, camping trailers, or homes or other recreational vehicles. (b) Manufactured modular housing which is designed to be set on a permanent foundation and which uses standard sheathing, roofing, siding, and electrical, plumbing, and heating systems which comply with the Uniform Building Codes of North Richland Hills. 3-11 MODEL DWELLING UNIT - A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision, MOTORCYCLE - A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and may have a sidecar attached, For purposes of this ordinance, motorbikes, motorscooters, mopeds and similar vehicles are classified as motorcycles. MOTOR FREIGHT TERMINAL - A motor freight tenninal is a building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intra-state commerce by motor truck, A motor freight terminal is a truck tenninal. MOTOR VEHICLE - Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses. NATURAL OR ARTIFICIAL BARRIER - Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside, NET LAND AREA - All privately owned property embraced within the outer perimeter property lines, not including dedicated public streets. Dedicated rights-of-way for open space, drainage or access, approved private streets or dedicated easements which can be used by the land occupants for private purposes shall be included in net land area, Where land is dedicated for future opening or widening of a public street. NONCONFORMING BUILDING - A building, structure, or portion thereof which does not conform to the height, area or yard regulations of this Chapter and which lawfully existed at the time the regulations with which it does not conform became effective, NONCONFORMING USE - A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. NOXIOUS MA TIER - Noxious matter is a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans. NURSING AND CARE HOME - An institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding thirty (30) days. Such service includes custodial or attendant care, but mayor may not provide for routine and regular medical and nursing services. Nursing and care homes include homes for the aged, and convalescent and rest homes. OCCUPANCY - The use or intended use of the land or buildings by proprietors, or tenants. ODOR THRESHOLD - The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the Odor Threshold is prescribed by A.S.T.M. D1391-57, Standard Method for Measuring Odor in Atmosphere. OFFICE - A room, studio, suite, or building or any part thereof in which a person transacts his business or carries on his stated occupation. For the purposes of the ordinance, an office shall not involve manufacturing fabrication, production, processing, assembling, cleaning, testing, or storage of materials, goods or products; of the sale and delivery of any materials, goods or products which are physically located on the premises. An office shall not be deemed to include a veterinary clinic. OFF-STREET - Off the right-of-way of a public street or place. 3-12 OFF-STREET PARKING INCIDENTAL TO MAIN USE - Off-street parking spaces provided in accordance with requirements specified by this Ordinance and located on the lot or tract occupied by the main use, on an immediately adjacent lot or tract, or on an immediately adjacent lot or tract across an alley or a street and located within the same zoning district as the main use or a zoning district which would permit the establishment of the main use or a commercial parking lot or structure, or within an adjacent parking district. OFF-STREET PARKING SPACE - An enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle. OPENINGS FOR LIGHT AND AIR - Any window, window wall or glass panel located in the building, but not including doors which are only for ingress and egress. OPEN SPACE - An area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections or cornices, eaves, porches and plant materials. OPEN STORAGE - Storage of any equipment, machinery, commodities, raw or semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six (6) feet above ground level. PARK OR PLAYGROUND (Public) - An open recreation facility or park owned or operated by a public agency such as the City Park Department or the School Department and available to the general public; or the temporary or seasonal use of open land as a play area or recreation area which is authorized, sanctioned or approved by the City of North Richland Hills. PARKING AREA - An open, unoccupied space used or required for use of parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged. PARKING AREA, SEMI-PUBLIC - An open area other than a street, alley, or place used for temporary parking of more that four (4) self- propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals and non-commercial clubs, PARKING AREA, PUBLIC - Any open surface area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold. PARKING LOT - An open surface area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold. PARKING LOT STRUCTURE, COMMERCIAL (auto) - A area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress and egress, PARKING LOT, TRUCK - Facility for parking or storage of currently licensed trucks. PARKWAY - That public property situated between the curb or edge of a street and the property line of the land adjacent. PAWN SHOP - An establishment where articles are traded and exchanged for money plus a right to redeem such articles within a given amount of time upon repayment as such money with interest. Also shall include the sale of such articles as used merchandise subject to the provisions of other City Ordinances covering such sales. 3-13 PERFORMANCE STANDARDS - The standards specified for the operating characteristics of industrial uses related to noise, smoke, particulate matter, odorous matter, fire and explosion hazard, toxic and noxious matter, glare, vibration and storage, PERGOLA - A space open on three sides and partially covered on top with beams, lattice, or similar skeleton structure supported on posts, pillars or columns. PERSONAL SERVICES - Retail establishment specializing in an individual personal service e.g. health spa, tailer shop (not including barber or beauty shop). PET STORE - A retail establishment selling live animals generally kept as household pets, Le. dogs, cats, exotic birds or fish and associated goods for the maintenance of such animals, PLANNED DEVELOPMENT (PO) - Development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and which includes streets, utilities, lots, or building sites, and which indicates all structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A Planned Development may consist of dwelling units and detached, semi-detached, attached, or multi-family structures or any combination thereof and may also include non-residential uses such as religious, cultural, recreational, commercial, or industrial uses, compatibly and harmoniously incorporated into the unitary design of the Planned Development. PLANNING AND ZONING COMMISSION - Appointed by the City Council as an advisory body and authorized to recommend changes in the Zoning. PLAT - A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of North Richland Hills and subject to approval by the Planning and Zoning Commission, Reference to a plat in this ordinance shall mean an official plat of record approved by the Planning and Zoning Commission filed in the Plat Records of Tarrant County. PLAYFIELD OR STADIUM (public) - Any athletic field or stadium owned or operated by a public agency for the general public, including a baseball field, golf course or football field or stadium, PORCH - A roofed space open on three sides; one or more stories in height. PREMISES - A lot, together with all buildings, structures and etc. thereon. PRIVATE OR PAROCHIAL SCHOOL - An institution of learning having a curriculum equivalent to public schools, providing care, training, education, custody, or supervision for twelve or more children who are not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the twenty-four hour day, whether or not the facility is operated for profit, and whether or not the facility makes a charge for the service offered by it; provided however, that this does not include specialty schools, such as dancing, music, beauty, mechanical, trade, swimming, or commercial schools. These institutions must meet the standards and have the same license and certification as required of public schools. PRIVATE STABLES - A stable with horses which are used by residents of the premises and are not for hire, and are maintained in conformity and compliance with all Federal, State and local health and police regulations. PROMOTIONAL EVENT - A promotional event consists of carnivals, circus or similar temporary amusement enterprises produced for a shopping center, major business, public or semi-public use, PUBLIC BUILDING, SHOP OR YARD OF LOCAL, STATE OR FEDERAL GOVERNMENT - Facilities such as office buildings, maintenance yards of shops required by branches of Local, State, or Federal Government for service to an area such as Highway Department yard, City Service Center of Experiment Station. 3-14 RADIO, TELEVISION OR MICROWAVE TOWERS - Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television, RECREATIONAL SPACE - Outdoor space which is made available and maintained in a suitable condition to afford occupants space for passive and active recreational pursuits to the exclusion of all other uses and/or recreation rooms or buildings available to all occupants for the development. RECREATIONAL VEHICLE - A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, self- propelled or to be towed behind a motor vehicle, without a special permit. RECYCLING COLLECTION FACILITY - A facility designed to collect, sort and package, by manual or mechanical processes, recyclable items for transport to a reprocessing plant. RESIDENCE HOME FOR AGED - Any property zoned for the development of dwelling units, RESIDENTIAL ZONED - A single family and two family zoned subdivision or area. RESTAURANT - A business serving food to customers inside the building while occupying seating provided for customers. RIDING CLUB - A paddock, club house and stable for quartering, training and riding horses; the facilities of which are restricted to a specific membership and not available to the general public. SCHOOL, BUSINESS - A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade school. SCHOOL, COMMERCIAL TRADE - A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades, SCHOOL, PUBLIC OR DENOMINATIONAL - A school having an academic curriculum. SCREENING DEVICE - A screening device shall consist of a barrier of stone brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density. and acceptable design. at least six (6) feet in height, where the solid area equals at least sixty-five (65%) percent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained, SECONDHAND MERCHANDISE: DEALERS OR STORAGE (Screened) - The keeping, handling, storage or use of furniture, appliances and/or other merchandise or goods for sale or display, Secondhand merchandise is defined as an item which has previously been sold at the wholesale or retail level or previously used by an individual or business, SERVANTS' QUARTERS - An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate dwelling, and shall not have kitchen facilities or separate utility meters. SHOPPING CENTER - A group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves. SITE PLAN - A detailed line drawing clearly describing the project and showing the following information:- Drawn to scale showing scale used, north arrow, date and title of project.- Property lines, location and widths of all streets, alleys and easements.- Proper dimensions on all fundamental features such as lot, buildings, parking spaces and landscaped areas,- The location of setback lines, driveway openings and sidewalks. - All proposed buildings, free-standing sign locations, parking areas and open-space.- All required landscaping, 3-15 together with a description of type of material to be used, - A cross section on any required or proposed screening.- Total square footage of the development lot; total square footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; garbage collection facilities,- Name, address and telephone number of the proponent. SMOKE - The visible discharge of particulate matter from chimney, vent exhaust, or combustion process. SPAS, HEALTH STUDIO OR FITNESS CENTER - A business, open to the general public, which provides various facilities and materials for the purpose of improving the health and fitness of its clients. This type business may include in its facilities such things as swimming pools, weight rooms, running tracks, saunas or steam rooms for the use of its customers. These various uses must be located indoors. SPOT ZONING - A small parcel of land that is zoned as a district by itself, differing from surrounding parcels. STABLE, PUBLIC - A stable other than a private or riding stable, STABLE, RIDING - A structure in which horses or mules used for pleasure riding or driving are housed, or kept for hire; including a riding track. STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. STORY, HALF - A space under a sloping roof at the top of a building, the floor of which is not more that two feet below the plate, shall be counted as a half-story when not more than sixty (60%) percent of said floor area is used for rooms, baths, or toilets. A half-story containing an independent apartment, or living quarters shall be considered as a full story. STORY , STANDARD - One having eleven feet, six inches (11'6") or less between floors. STREET - Any thoroughfare or public driveway, other than an alley, and more than thirty (30) feet in width, which has been dedicated or deeded to the public for general use. STREET LINE - A dividing line between a lot, tract or parcel of land and contiguous street. STREET WIDTH - The horizontal distance between the side lines on a street, measured at right angles to the side lines, STRUCTURE - Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts, fences or pergolas, STRUCTURAL ALTERATIONS - Any change in the supporting or structural members of a building including but not limited to bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls. SUBSTANTIAL IMPROVEMENT - For the purposes of the definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1) Any project for improvement of a structure to comply with existing or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or, 3-16 2} Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SWIMMING POOL (Commercial) - A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee, SWIMMING POOL (Private) - A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced in accordance with the regulations of the City of North Richland Hills. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners, TAVERN OR LOUNGE - An establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors and where food service, if any, is secondary to the sale of beer, wine and other liquors. TEMPORARY FIELD AND CONSTRUCTION OFFICE - A structure for shelter, subject to removal by order of the Building Inspector, used for connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. TOWNHOUSE - (Sometimes referred to as Row House). A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roof. TOWNHOUSE PROJECT - A townhouse development or plan which is submitted and approved by a single special permit and which is laid out on contiguous land, uninterrupted by intervening public streets. TOXIC MATERIALS - Toxic materials are those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. TOXIC AND NOXIOUS MATTER - Any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger health, safety, or comfort of persons in the vicinity or which may cause injury or damage to property. TRAILER, HOUSE (See Mobile Home) TRANSITION ZONE - Transition zone includes a maximum of two (2) streets and four (4) rows of houses platted to the parameters outlined in the City of North Richland Hills Zoning Ordinance and Subdivision regulations. USE - The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained. USED CAR LOTS - A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts. USES BY RIGHT - Those uses permitted by the zoning ordinance in the various zoning districts. USE RESTRICTIONS - Restrictions on the possible uses of real estates in a designated area. USED CAR SALES AREA - Any open area, other than a street, alley or public place, used for the display and sale of used automobiles and where no repair work is done, except the necessary reconditioning of the cars to be displayed and sold on the premises, 3-17 VARIANCE - An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. VEHICLE STORAGE FACILITY - A structure or parking lot which provides for the temporary parking of automobiles, trucks (under one ton), boats, and recreational vehicles usually on an hourly, daily, or monthly contract or fee basis. VETERINARIAN'S OFFICE (no hospital) - A facility for the prevention, treatment, minor surgery, cure or alleviation of disease and/or injury in animals, specifically domestic animals, with all care provided on an out-patient treatment basis only. No over-night boarding of animals shall be allowed. VISUAL SCREEN - A visual screen is a wall not of living plate material permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall and entrance gates shall not exceed fourteen (14) square inches, and the wall is of sufficient height so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and seven (7) feet above ground level. No wall shall exceed ten (10) feet in height. WAREHOUSE - Commercial storage, crating services, truck terminal operation. WHOLESALE DISTRIBUTION - A distributor of goods for resale. YARD - An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls, ZONING - Control on the use and development of land, by the city whether improved or not, for the supposed benefit of citizens in the community and the public welfare. This control is accomplished to two ways, restrictions and development standards, (See Use Restrictions; see Development Standards). ZONING DISTRICT MAP - The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance. ZOO (Private) - A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise. ZOO (Public) - A publicly owned zoo or similar facility owned and operated by a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed. 3-18 SECTION IV R-1 SINGLE FAMILY DISTRICT 4.1 PURPOSE The R-1 District is intended to permit the low density development of detached single family dwelling units. When combined with PD (Planned Development) a wider variety of use may be permitted. 4.2 PERMITTED USES The following are the only permitted uses within the R-1 district and are subject to the general conditions of this section and such other sections as are applicable: 4.2.1 Single family detached dwelling units 4.2.2 Public parks and playgrounds 4.3 PD (Planned Development) Uses 4.3.1 Recreational facilities in conjunction with residential uses 4.3.2 Golf courses 4.3,3 Country clubs 4.3.4 Private lakes and/or canals 4.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 4.4.1 Fences: See Section XXIV, Subsection 24.13 4.4.2 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 4.5 GENERAL CONDITIONS 4.5,1 Lot area requirements: (a) Minimum lot area: Every lot within the R-1 District shall be at least thirteen thousand (13,000) square feet in area. (b) Minimum lot width: Every lot within the R-1 District shall be at least eighty-five feet in width measured at the front building line. (See section XXIV for lot widths of irregular and/or cul-de-sac lots), (c) Minimum lot depth: Every lot within the R-1 District shall be at least one hundred twenty (120) feet average depth. 4,5,2. Minimum dwelling unit size: See Section XXIV 4.5,3 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty-five (25) feet. 4-1 (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots, Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. See Section 24,7.2 D for side yard requirements for permanent type accessory buildings. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area, For accessory building standards see Section XXIV. (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard, 4.5.4 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 4,5.5 Fences: See Section XXIV subsection 24,13 4.5.6 Parking: Off-street parking space shall be provided on the lots to accommodate four (4) cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. 4,5.7 Accessory buildings: See Section XXIV, Subsection 24.7. 4,5.8 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption ( c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 4,5,9 Garage requirement: Only side entry, rear entry or front entry garages set back thirty (30) feet off the building line shall be allowed. 4.6 PD PLANNED DEVELOPMENT CONDITIONS PD uses shall be subject to R-1 general conditions (see Section IV, subsection 4,5) with exception of minimum lot area and minimum building lines which shall be imposed by the site plan and the ordinance adopting said site plan. 4-2 SECTION V R-2 SINGLE FAMILY DISTRICT 5.1 PURPOSE The R-2 District is intended to permit the low density development of detached single family dwelling units. When combined with PO (Planned Development) a wider variety of use may be permitted. 5.2 PERMITTED USES The following are the only permitted uses within the R-2 district and are subject to the general conditions of this section and such other sections as are applicable: 5.2.1 Single family detached dwelling units 5.2.2 Public parks and playgrounds 5.2.3 All uses of R-1 district 5.3 PD (Planned Development) Uses 5.3.1 Recreational facilities in conjunction with residential uses 5.3.2 Golf courses 5,3.3 Country clubs 5.3.5 Private lakes and/or canals 5.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 5.4,1 Fences: See Section XXIV, Subsection 24.13 5,4.2 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 5.5 GENERAL CONDITIONS 5.5.1 Lot area requirements: (a) Minimum lot area: Every lot within the R-2 District shall be at least nine thousand (9,000) square feet in area. (b) Minimum lot width: Every interior lot within the R-2 District shall be at least seventy (70) feet in width measured at the front building line. Every corner lot within the R-2 District shall be at least eighty (80) feet in width at the front building line. (See section XXIV for lot widths of irregular and/or cul-de-sac lots). (c) Minimum lot depth: Every lot within the R-2 District shall be at least one hundred ten (110) feet average depth. 5.5.2 Minimum dwelling unit size: See Section XXIV 5.5.3 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty-five (25) feet. 5-1 (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. See Section 24.7.2 D for side yard requirements for permanent type accessory buildings. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV. (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. 5.5.4 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 5.5.5 Fences: See Section XXIV subsection 24.13 5.5.6 Parking: Off-street parking space shall be provided on the lots to accommodate four (4) cars for each dwelling unit. At least two such spaces shall be covered: however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. 5.5.7 Accessory buildings: See Section XXIV, Subsection 24,7. 5.5.8 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 5.5.9 Garage requirement: Only side entry, rear entry or front entry garages set back thirty (30) feet off the building line shall be allowed. 5.6 PD PLANNED DEVELOPMENT CONDITIONS PD uses shall be subject to R-2 general conditions (see Section V, subsection 5.5) with exception of minimum lot area and minimum building lines which shall be imposed by the site plan and the ordinance adopting said site plan. 5-2 SECTION VI R-3 SINGLE FAMILY DISTRICT 6.1 PURPOSE R-3 shall be allowed only as a Transition Zone. 6.2 PERMITTED USES The following are the only permitted uses within the R-3 district and are subject to the general conditions of this section and such other sections as are applicable: 6.2.1 Single family detached dwelling units 6.2.2 Public parks and playgrounds 6.2.3 All uses of R-2 6.3 PD (Planned Development) Uses 6.3.1 Recreational facilities in conjunction with residential uses 6.3.2 Golf courses 6.3.3 Country clubs 6.3.4 Private lakes and/or canals 6.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 6.4.1 Fences: See Section XXIV, Subsection 24.13 6.4.2 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 6.5 GENERAL CONDITIONS 6,5.1 Lot area requirements: (a) Minimum lot area: Every lot within the R-3 District shall be at least seven thousand five hundred (7,500) square feet in area, (b) Minimum lot width: Every interior lot within the R-3 District shall be at least sixty-five (65) feet in width measured at the front building line. Every corner lot within the R-3 District shall be at least seventy-five (75) feet in width measured at the front building line. (See section XXIV for lot widths of irregular and/or cul-de-sac lots). (c) Minimum lot depth: Every lot within the R-3 District shall be at least one hundred (100) feet average depth. 6.5.2. Minimum dwelling unit size: See Section XXIV 6.5.3 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty (20) feet. 6-1 (b) Minimum side building line: There shall be a side building line of not less than six (6) feet on each side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least twenty (20) feet and not less than six (6) feet on the other side of the lot. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV. (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. 6.5.4 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 6.5.5 Fences: See Section XXIV subsection 24.13 6.5.6 Parking: Off-street parking space shall be provided on the lots to accommodate four (4) cars for each dwelling unit. At least two such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. 6.5.7 Accessory buildings: See Section XXIV, Subsection 24.7. 6.5.8 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 6.6 PD PLANNED DEVELOPMENT CONDITIONS PD uses shall be subject to R-3 general conditions with exception of minimum lot area and minimum building lines which shall be imposed by the site plan and the ordinance adopting said site plan. 6-2 SECTION VII R-4-D DUPLEX DISTRICT 7.1 PURPOSE The R-4-D District is intended to permit the medium density development of attached duplex dwellings units, When combined with PO (Planned Development) a wider variety of use may be permitted. 7.2 PERMITTED USES The following are the only permitted uses within the R-4-D District and are subject to the general conditions of this section and such other sections as are applicable: 7.2,1 Duplex type dwelling units 7.2.2 Public parks and playgrounds 7.3 PD (Planned Development) Uses 7.3.1 Recreational facilities in conjunction with residential uses 7.3.2 Golf courses 7.3.3 Country clubs 7.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 7.4,1 Fences: See Section XXIV, Subsection 24,13 7.4.2 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 7.5 GENERAL CONDITIONS 7.5.1 Districts area requirements: (a) Minimum area of district: Every parcel of land within this district shall be at least one (1) acre in area (except where a parcel of land is contiguous with like zoning; then the minimum area shall be as approved by the Planning and Zoning Commission and City Council), (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. 7.5.2 Lot area requirements: (a) Minimum lot area: Every lot within the R-4-D District shall be at least three thousand five hundred (3,500) square feet in area per living unit. (b) Minimum lot width: Every lot width within the R-4-D District shall be at least thirty-five (35) feet in width, per living unit measured at the front building line. (See section XXIV for lot widths of irregular and/or cul-de-sac lots). (c) Minimum lot depth: Every lot within this district shall be at least one hundred (100) feet average depth. 7-1 7.5.3. Minimum dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of at least one thousand two hundred (1,200) square feet per living unit exclusive of breezeways, basements, open and enclosed porches, common corridors, parking area, garages and accessory building. 7.5.4 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty (20) feet. (b) Minimum side building line: There shall be a side building line of not less than six feet on each side of every lot, except for corner lots or when a duplex structure is bisected with a lot line, Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. Where a duplex structure is bisected with a lot line, the remaining side building line shall be six feet. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV. (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard, The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure, No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard, 7.5.5 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 7,5.6 Fences: See Section XXIV subsection 24,13 7.5.7 Parking: Off-street parking space shall be provided on the lots to accommodate two (2) cars for each dwelling unit. At least one such space shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line, 7.5.8 Accessory buildings: See Section XXIV, Subsection 24.7. 7.5.9 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 7-2 7.6 PD (PLANNED DEVELOPMENT) CONDITIONS PO uses shall be subject to R-4-0 district general conditions with the exception of minimum lot area and minimum building lines which will be imposed by the site plan and the ordinance adopting said site plan, 7-3 SECTION VilA R-1-S SPECIAL SINGLE FAMILY DISTRICT 7 A.1 PURPOSE The R-1-S District is intended to permit the low density development of single family dwelling units in a quasi-rural setting, The District is specifically constituted to allow for the keeping of livestock in a residential setting. 7 A.2 PERMITTED USES The following are the only permitted uses within the R-1-S District and are subject to the general conditions of this section and such other sections as applicable: 7A.2.1 Single Family detached dwelling units 7A.2,2 Public parks and playgrounds 7 A.3 PD (Planned Development) Uses 7 A.3.1 Recreational facilities in conjunction with residential uses 7 A.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities to the following conditions: 7A.4.2 Fences: See Section XXIV, Subsection 24,13 7A,4.3 A minimum of ten (10) percent of the gross lot area shall be maintained in landscaped open area for each conditional use. 7 A.5.1 GENERAL CONDITIONS 7A,5.1 Lot area requirements: (a) Minimum lot area: Every lot within the R-1-S District shall be at least one acre in size. (b) Minimum lot width: Every lot within this District shall be at least eighty-five feet in width measured at the front building line, (See Section XXIV for lot widths of irregular and/or cul-de-sac lots). (c) Minimum lot depth: Every lot within this District shall be at least one hundred twenty (120) feet average depth. 7A.5.2 Minimum dwelling unit size: See Section XXIV 7A.5.3 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty-five (25) feet. (b) Minimum side building line: There shall be a side building line of not less than ten (10) feet on one side of every lot and not less than six (6) feet on the other side of every lot, except for comer lots, Any corner lot shall have a side building line adjacent to a side street of at least twenty (20) feet and not less than six feet on the other side of the lot. 7A-1 See Section 24.7.2 D for side yard requirements for permanent type accessory buildings. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV, (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure, No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. 7A.5.4 Height restrictions: No building shall exceed thirty-eight (3B) feet in height. 7A.5.5 Fences: See Section XXIV 7A.5.6 Parking: Off-street parking space shall be provided on the lots to accommodate four (4) cars for each dwelling unit, At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. 7A,5.7 Accessory buildings: Permanent accessory buildings requiring a foundation, including tool sheds, greenhouses, and stables, shall be permitted only in the rear yard which exceeds the minimum rear yard requirements. Location of stables and/or other accessory buildings associated with the keeping of livestock shall also be subject to the provisions of Chapter 4 of the Code of Ordinances of North Richland Hills, Texas. 7A.5.B Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics or jewelry 7A.5,9 Garage requirement: Only side entry, rear entry or front entry garages set back thirty (30) feet off the building line shall be allowed, 7A.6 PD PLANNED DEVELOPMENT CONDITIONS PD uses shall be subject to R-1-S general conditions (see Section VilA, subsection 7A.5) with the exception of minimum lot area and minimum building lines which shall be imposed by the site plan and the ordinance adopting said site plan, 7A-2 SECTION IX R-6 T TOWNHOUSE DISTRICT 9.1 PURPOSE The R-6-T District is intended to permit a more dense single family residential character by providing minimum standard for lot area, yards, lot coverage and lot frontage. This classification creates a district that is being recognized as a form of housing in the City. and provides standards which will protect and encourage various types of single family dwellings in the City, This district may be combined with PD, Planned Development to provide a wider variety of uses, 9.2 PERMITTED USES The following are the only permitted uses within the R-6- T dwelling district and are subject to the general conditions of this section and such other sections as are applicable: 9.2.1 Townhouse dwelling units 9.2.2 Public parks and playgrounds 9,2.3 City and utility uses 9.2.4 Churches 9.2.5 Public schools 9.3 PD (Planned Development) Uses 9.3.1 Recreational facilities in conjunction with residential uses 9.3,2 Golf courses 9.3,3 Private lakes 9.3.4 Private clubs 9,3.5 Compatible uses of LR and 0-1 districts 9.3,6 Single family detached residential uses 9.4 GENERAL CONDITIONS 9,4,1 District area requirements: (a) Minimum area in district; Every parcel of land within the R-6- T district shall be at least four (4) acres in area, (Except where a parcel of land is contiguous with existing R-6-T zoning; then the minimum shall be as approved by the Planning and Zoning Commission and City Council) (b) Minimum street frontage: Every parcel of land within this district shall have at least one hundred (100) feet of frontage on a public street. 9.4,2 Lot area requirements: (a) Minimum lot area: Every individual lot within the R-6- T District shall be at least three thousand (3,000) square feet in area. (b) Minimum lot width: Every lot within the R-6-T District shall be at least thirty (30) feet in width measured at the front building line.. 9.4.3 Minimum dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of at least one thousand two hundred (1,200) square feet for 9-1 each living unit exclusive of breeze-ways, basements, open and enclosed porches, common corridors, parking area, garages and accessory buildings. 9.4.4 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least fifteen (15) feet. (b) Minimum side building line: None, except there shall be a side yard of at least fifteen (15) feet where a lot line abuts a residential zoning district. Any corner lot shall have a side building line adjacent to a side street of at least fifteen (15) feet. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV, (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure, No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. 9.4.5 Maximum lot coverage: The ground floor area of main building and accessory buildings shall not cover more than sixty (60) percent of the lot area. 9.4.6 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 9.4.7 Reserved 9.4.8 Parking: Oft-street parking space shall be provided on the lots to accommodate two (2) cars for each living unit. At least one such space shall be covered, however no support member of any garage, carport or other storage structure shall be located within the required front yard. 9.4,9 Signs: Subject to the sign ordinances, 9.4.10 Access: As approved by the City Enforcing Officer 9.4.11 Reserved 9.4.12 Accessory buildings: See Section XXIV, Subsection 24.7. 9.4.13 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 9-2 9.5 ZONING REQUEST SUBMISSION REQUIREMENT Zoning requests for this district must include as a minimum proposed front elevation of buildings, a site plan showing proposed sizes for each lot, building lines for each lot, parking for each lot, access to public streets, proposed areas for refuse containers and a survey of the tract. Survey may not be more than one year old. 9.6 PD PLANNED DEVELOPMENT CONDITIONS 9.6,1 PO uses shall be subject to R-6-T general conditions, provided however, the following R-6-T general conditions shall not apply except as specifically imposed by the site plan and the Ordinance adopting said site plan. (a) Minimum lot area (b) Building line requirements (c) Lot coverage 9-3 SECTION IXA R-8 SINGLE FAMILY DETACHED ZERO LOT LINE RESIDENCE 9A.1 PURPOSE The R-8 District is intended to permit a Single Family use with a higher density than standard Single Family Districts while maintaining the detached individual units, Furthermore, it is the policy of the City of North Richland Hills that applications to rezone properties to the R-8 District will not be considered after June 22, 1992. 9A.2 PERMITTED USES The following are the only permitted uses within the R-8 District and are subject to the general conditions of this section and such other sections as are applicable: 9A,2.1 Single Family Detached-Zero lot Line residential units 9A.2.2 Public parks and playgrounds 9A.2.3 All uses of the R-3 District 9A.3 PD (Planned Development) Uses 9A,3.1 None 9A.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 9A.4.1 Fences: See Section XXIV, Subsection 24.13 9A.4.2 Landscaping: A minimum of ten (10) percent landscaped open area shall be required for every conditional use, 9A.5 GENERAL CONDITIONS 9A.5,1 District Area Requirements: (a) Minimum area of district: Every parcel of land in this district shall be at least one (1) acre in area (except where a parcel of land is contiguous with like zoning; then the minimum area shall be established by the Site Plan as approved by the Planning and Zoning Commission and City Council). (b) Every parcel of land within this district shall have a minimum of 50 feet of frontage on a public street. 9A,5.2 Lot area requirements: (a) Minimum lot area: Every lot within the R-B District shall be at least four thousand (4,000) square feet in area. (b) Minimum lot width: Every lot within the R-8 District shall be at least forty feet in width, measured at the front building line. (See section XXIV, subsection 24.18 for lot widths of irregular and/or cul-de-sac lots). 9A-1 (c) Minimum lot depth: Every lot within the R-8 District shall be at least one hundred (100) feet average depth. 9A.5.3 Minimum dwelling unit size: Every dwelling unit hereafter erected, reconstructed or altered in this district shall have a floor area of at least twelve hundred (1,200) square feet exclusive of breeze-ways, basements, open and enclosed porches, parking area, garages and accessory buildings. 9A.5.4 Building line requirements: (a) Minimum front building line: There shall be a front building set back of at least twenty (20) feet. (b) Minimum side building line: Each lot in this District shall have one side yard of a minimum of six (6) feet. The side building line of corner lots on the side street frontage shall be at least twenty (20) feet. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV. (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. 9A.5.5 Height restrictions: No building in this District shall exceed thirty-eight (38) feet in height. 9A.5.6 Fences: See Section XXIV subsection 24,13 9A.5.7 Parking: Oft-street parking space shall be provided on the lots to accommodate two (2) cars for each dwelling unit. Both spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. 9A.5.8 Accessory buildings: Permanent Accessory Buildings requiring foundations, including tool sheds and greenhouses shall be permitted only in rear yards which exceed the required minimums. Portable type buildings not to exceed ten (10) feet in height and two hundred (200) square feet in area may be allowed in rear yards. Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Section XXIV, Subsection 24,6. 9A.5.9 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Code Enforcement Officer: (a) Musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics or jewelry 9A-2 9A.6 ZONING SUBMISSION REQUIREMENTS Zoning requests for this District must include a Site Plan delineating the following items: (a) Proposed size for each lot (b) Building lines for each lot (c) Representative elevations of building units in the project indicating proposed construction type (d) Survey of project site prepared by a Registered Public Surveyor. 9A-3 SECTION X R-7-MF MULTIFAMILY DISTRICT 10.1 PURPOSE The R-7-MF District is intended to permit medium density multifamily dwelling units. The District may be combined with a PD (Planned Development) District to provide for a grouping of dwelling units to achieve larger open space areas, community recreation areas and to provide for certain local business and office uses which may be deemed compatible with multifamily use through the use of an approved site plan. Density within this district shall not exceed sixteen (16) living units per acre (except as may be granted when combined with a PD District), 10.2 PERMITTED USES The following are the only permitted uses within the R-7-MF dwelling district and are subject to the general conditions of this section and such other sections as are applicable: 10.2.1 Multifamily dwellings 10.2.2 Parks and playgrounds 10.2.3 Churches and public schools 10.2.4 Residence apartments for the aged 10.2.5 Public buildings, libraries, fire stations 10.2.6 City and utility uses 10.3 PD (Planned Development) Uses 10,3.1 Condominiums 10,3,2 Civic clubs, fraternal organizations, lodges, all without alcoholic beverage sale to members or to the public 10,3,3 Recreational facilities 10.3.4 Day nurseries and kindergartens which shall not exceed a maximum of forty-five (45) children, 10.4 GENERAL CONDITIONS 10.4.1 Lot area requirements: (a) Minimum lot area: Every lot within the R-7-MF District shall be at least four (4) acres in area (except where a parcel of land is contiguous with like zoning; then the minimum shall be as approved by the Planning and Zoning Commission), (b) Minimum lot width: Every lot within the R-7-MF District shall be at least two hundred (200) feet in width measured at the front building line. (c) Minimum lot depth: Every lot within the R-7-MF District shall be at least one hundred ten (110) feet average depth. (d) Maximum lot coverage: No more than forty (40) percent of the lot shall be covered by buildings. 10.4,2 Average dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of not less than six hundred fifty (650) square feet average per approved site plan per phase for each living unit exclusive of breeze-ways, basements, open and enclosed porches, common corridors, parking area, garages and accessory buildings. 10-1 10.4,3 Building line requirements: Every lot within this District shall have a front and rear building line of at least twenty-five (25) feet. Such lot shall have a minimum side building line of at least fifteen (15) feet for one story buildings and an additional five (5) feet for each story thereafter. In this district the following rules shall be followed in the establishment of the minimum width of an interior yard; (a) When the exterior walls of one building or of adjacent buildings are within sixty (60) degrees of being parallel and neither contains windows or doors, such walls shall be separated by not less than ten (10) feet of open space. (b) When the exterior walls of one building or of adjacent buildings are within sixty (60) degrees of being parallel and one but not both contains windows or doors, such walls shall be separated by not less than fifteen (15) feet of open space, (c) When the exterior walls of one building or of adjacent buildings are within 60 degrees of being parallel and both contain windows or doors such walls shall be separated by not less than twenty (20) feet of open space. 10.4.4 Height restrictions: No building shall exceed thirty-eight (38) feet in height. Measurement shall be from the lowest ground elevation to the highest point of the building. 10.4,5 Fences: See Section XXIV subsection 24,13 10.4.6 Parking: Two and one half (2112) parking spaces shall be provided for each living unit. 10.4.7 Signs: See Section XXX, 10,4.8 Accessory buildings: See Section XXIV, Subsection 24.7. 10.4.9 Access: As approved by the City Enforcing Officer or site plan. 10.4.10 Refuse containers: All refuse containers shall be screened from view of adjacent property or public streets, 10.4.11 Open spaces: In addition to paved parking and driving areas. At least fifteen (15) percent of the lot shall be maintained in landscaped open area. 10.4.12 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 10,5,13 Maximum density may not exceed sixteen (16) units per acre, except as may be granted when combined with an approved PO Site Plan. 10.4.14 Buildings placed within sixty (60) feet next to lot lines of R-1, R-2, or R-3 Districts shall be single story. 10-2 10.5 ZONING REQUEST SUBMISSION REQUIREMENTS Zoning request for this district must include as a minimum a site plan showing proposed grade and sizes for each lot, building lines for each lot, parking for each lot, access to public streets, proposed open spaces and recreation area, elevations and building materials, proposed areas for refuse containers, recreation areas, exterior elevations and a survey of the tract. Survey may not be more than one year old, 10.6 PD PLANNED DEVELOPMENT REGULATIONS PO uses shall be subject to R-7-MF general conditions, provided however, the following R-7-MF general conditions shall not apply except as specifically imposed by a site plan and ordinance adopting said site plan: (a) Minimum lot area (b) Building lines requirements (c) Height (d) Access (e) Maximum lot coverage (f) Maximum percentage of efficiency apartments (g) Density not to exceed sixteen (16) units per acre (h) Maximum density may not exceed twenty (20) units per acre gross density under any circumstances. 10-3 11.1 PURPOSE SECTION XI 0-1 OFFICE DISTRICT The 0-1 District is intended to permit professional and organization office needs of the community. When combined with PD, (Planned Development) uses permitted in this district may be grouped together with uses permitted in R-6-T, R-7-MF and LR Districts for a wider use development plan, 11.2 PERMITTED USES The following are the only permitted uses within the 0-1 district and are subject to the general conditions of the sections as are applicable: 11.2.1 11.2,2 11.2.3 11 .2.4 11.2,5 11.2.6 11.2.7 11.2.8 11.2,9 Banks and Savings and Loans Churches, Post Offices, Fire Stations, Public Schools City and Utility Uses Emergency Clinics General Organizational Offices Governmental Offices Medical Clinics Professional Offices Veterinarian Clinic (no kennels) 11.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted within the 0-1 District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 11 .2A.1 11 .2A.2 11 .2A.3 11 .2A.4 11 .2A.5 11 .2A.6 11.2A.7 Airport, Heliport or Landing Field Facility for Care of Alcoholic, Narcotic, or Psychiatric Patients High Rise Office Buildings Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Private Clubs Sales of Alcoholic Beverages Trade Schools 11.3 PD (PLANNED DEVELOPMENT) USES 11.3.1 The uses in this district may be combined with any of the permitted uses in the R-6- T, R-7-MF and LR zoning. 11.4 CONDITIONAL USES 11.4.1 Pharmacies, specialty shops, personal service establishment, provided each use shall not occupy more than three thousand (3000) square feet of floor area. All such conditional uses shall comprise no more than twenty (20) percent of the total floor area of all buildings on any lot. 11.5 GENERAL CONDITIONS 11 .5.1 District area requirements: 11-1 (a) Minimum area of district: Every parcel of land within this district shall be at least one (1) acre in area (except where a parcel of land is contiguous with like zoning; then the minimum area shall be as approved by the Planning and Zoning Commission and City Council). (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. 11 .5.2 Lot area requirements: (a) Minimum lot area: Every lot within this district shall be at least six thousand (6,000) square feet in area, (b) Minimum lot width: Every lot within this district shall be at least sixty (60) feet in width measured at the front building line. (c) Maximum lot coverage: No more than forty (40) percent of the total lot area shall be covered by buildings. 11 .5.3 Out door activities or other uses: No outdoor activities or other uses shall be permitted in the 0-1 Office District other than parking and loading and the placement and servicing of refuse containers. 11 .5.4 Building line requirements: Every lot within the district shall have a front building line of at least twenty-five (25) feet, every lot within the district shall have side building lines of at least fifteen (15) feet and a rear building line of at least twenty-five (25) feet where the lot line abuts R-1, R-2, R-3, R-4-SD, R-6-T, R-7-MF, R-8, and AG Districts. 11.5.5 Height restrictions: No building shall exceed forty-eight (48) feet in height. 11 ,5,6 Fences: See Section XXIV subsection 24.13 11.5.7 Parking and loading: See Section XXII. 11 .5.8 Signs: See Section XXX. 11 .5.9 Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets. 11.5.10 Access: As directed by the City Enforcing Officer. 11.5,11 Minimum open space: In addition to paved parking and driving areas, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. The landscaped open area, when abutting a residential area, shall consist of a "greenbelt" at least ten (10) feet wide along the front and rear property lines, and at least five (5) feet wide along the side property lines. 11 .5.12 Drive-up windows: Drive-up windows with minimum driveway storage capacity of sixty (60) feet per window shall be allowed as an accessory use to permitted office uses, provided that the necessary driving lane be separated and apart from parking and maintenance areas required for the use. 11.5.13 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line than exceeds sixty (60) decibels A scale daily from 7:00 a.m. to 10:00 p.m, and fifty five (55) decibels daily from 10:00 p.m.. to 7:00 a,m. 11-2 11.6 PD PLANNED DEVELOPMENT REGULATIONS PD uses shall be subject to 0-1 general conditions provided however, the following 0-1 general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting said site plan: (a) Minimum lot area (b) Building line requirements (c) Height (d) Access (e) Maximum lot coverage. 11-3 12.1 PURPOSE SECTION XII LR LOCAL RETAIL DISTRICT The LR District is intended to pennit a limited area of service establishments and retail stores for the benefit of adjacent and nearby residential areas and in which all trade is conducted indoors and in such a manner as to be capable of placement adjacent to residential areas without changing the character of the residential areas, When combined with PO (Planned Development) less restrictive uses may be grouped with uses permitted in this district to provide for a wider variety of retail services. 12.2 PERMITTED USES The following are the only permitted uses within the LR Local Retail District and are subject to the general conditions of the sections as are applicable: 12.2.1 12,2.2 12,2.3 12.2.4 12.2.5 12.2.6 12.2.7 12.2.8 12.2.9 12.2.10 12.2.11 12.2.12 12.2.13 12.2.14 12.2.15 12.2.16 Baked Goods Shops Barber and Beauty Shops Cafeterias Churches, Post Offices, Fire Stations, Public Schools Cleaning and Pressing Pick-up Stations Convenience Stores (with gasoline pumps) Day Care/Kindergarten (maximum 75 children) Florist Shop Laundry, Self-service Nursery Retail Sales (indoor) Pharmacies Professional Offices Restaurants (no drive-in service) Retail Stores and Shops (no shopping malls) Single Specialty Shop Social Service Organizations 12.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted with the LR Local Retail District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance, These uses are subject to the General Conditions of this section and such other sections as are applicable. 12.2A,1 12.2A.2 12.2A.3 12.2A.4 12.2A,5 Airport, Heliport or landing field Auto Parts and Accessories Stores Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Sales of Alcoholic Beverages Used Vehicle Sales 12.3 PD (PLANNED DEVELOPMENT) USES 12.3.1 R-6-T District Uses 12.3.2 R-7-MF uses 12,3,3 0-1 uses 12.4 GENERAL CONDITIONS 12.4.1 District area requirements: 12-1 (a) Minimum area: Every parcel of land within this district shall be at least twenty thousand (20,000) square feet in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet in frontage on a public street. (c) Maximum coverage: No more than forty (40) percent of the total district shall be covered by buildings. 12.4.2 Reserved 12,4,3 Reserved 12.4.4 Outdoor activities or other uses: No outdoor activities or other uses shall be permitted in the local retail district other than accessory parking and loading and the placement and servicing of refuse containers for permitted uses, (Sales of motor fuels may take place outdoors in this district) 12.4.5 Building line requirements: Every lot within the district shall have a front building line of at least twenty-five (25) feet, every lot within this district shall have a side building line of at least fifteen (15) feet and a rear building line of at least fifteen (15) feet where the lot abuts R-1, R-2, R-3, R-4-SD, R-6-T, R-7-MF, R-8, and AG. 12.4.6 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 12.4,7 Fences: See Section XXIV subsection 24,13 12.4.8 Parking and loading: See Section XXII and Table 22.3. 12.4.9 Signs: See Section XXX. 12.4.10 Refuse containers: All refuse containers shall be screened from view of all adjacent property and public streets. 12.4.11 Access: As directed by the City Enforcing Officer. 12.4.12 Landscaping: In addition to paved parking and driving areas, at least ten (10) percent of the lot shall be maintained in landscaped open area. The landscaped open area, when abutting a residential area, shall consist of a "greenbelt" of at least ten (10) feet wide along the front and rear property lines, and at least five (5) feet wide along the side property lines. 12.4.13 Noise: I n this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 60 decibels A scale daily from 7:00 a,m. to 10:00 p,m, and fifty-five (55) decibels from 10:00 p.m. to 7:00 a.m. 12.5 ZONING REQUEST SUBMISSION REQUIREMENTS 12.5.1 Zoning request for this district must include a site plan showing proposed grade and size for each lot, building lines for each lot, parking for each lot, access to public streets, proposed areas for refuse containers, and a survey of the tract. Survey may not be more than one year old. 12-2 III 12.6 PD PLANNED DEVELOPMENT CONDITIONS 12.6,1 PO uses shall be subject to LR general conditions provided however, the following general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting said site plan: (a) Minimum lot area (b) Building lines (c) Access 12-3 13.1 PURPOSE SECTION XIII C-1 COMMERCIAL DISTRICT The C-1 District is intended to permit a limited variety of commercial uses including retail trade, personal business services establishments, and offices. 13.2 PERMITTED USES The following are the only permitted uses within the C-1 commercial district and are subject to the general conditions of the sections as are applicable: 13.2.1 13.2.2 13,2,3 13,2.4 13.2.5 13.2,6 13.2.7 13.2.8 13,2,10 13,2.11 13,2.12 13,2.13 13.2.14 13.2.15 13.2.16 13.2.17 13.2,18 13.2.19 13.2,20 13.2,21 13.2.22 13,2.23 13.2,24 13.2.25 13,2.26 13.2.27 13.2,28 13.2,29 13.2.30 13.2.31 13,2.32 13.2.33 13,2,34 13.2.35 13.2.36 13.2.37 13.2.38 13.2.39 13.2.40 Auto Parts and Accessories Stores Baked Goods Shops Banks and Savings and Loans Barber and Beauty Shops Cafeterias Churches, Post Offices, Fire Stations, Public Schools City and Utility Uses Cleaning and Pressing Pick-up Stations Convenience Stores (with gasoline pumps) Day Care/Kindergarten Drive-in Restaurants Dry Cleaning Store (not to exceed 3,000 SF. total occupied area) Emergency Clinics Florist Shop General Organizational Offices Governmental Offices High Rise Office Buildings Home Improvement Retail Stores (no outdoor storage and sale of lumber) Hospitals Hotels, Motels Laundry, Self Service Medical Clinics Mortuary/Funeral Parlor Nursery Retail Sales (indoor) Nursing Homes Pet Stores Pharmacies Private Schools and Child Care Centers Professional Offices Restaurants Retail Stores and Shops Shopping Malls, Strip Centers, Shopping Centers Single Specialty Shop Social Service Organizations Spas, Health Studios, Fitness Centers, Commercial Gymnasiums Supennarkets, Department Stores Theaters (not drive-in types), Bowling Alleys Veterinarian Clinics (no kennels) All uses of LR District & 0-1 District 13-1 13.2.18 New car dealerships utilizing at least 25,000 square feet but less than 50,000 square feet shall be allowed in this category. Outside storage of vehicles shall be allowed in property utilized under this subsection 13.2.18. 13.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted within the C-1 Commercial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance, These uses are subject to the General Conditions of this section and such other sections as are applicable. 13.2A.1 13,2A.2 13.2A.3 13.2A.4 13,2A.5 13.2A,6 13.2A.7 13,2A.8 13.2A.9 13.2A.10 13,2A.11 13,2A.12 13,2A.13 Airport, Heliport or Landing Field Amusement Arcades Automotive Repair, Tire & Batteries Sales Car Wash/Auto Laundry Commercial Printing Shops Facility for Care of Alcoholic, Narcotic, or Psychiatric Patients Automobile Lubrication Center or Service Station Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Private Club Sales of Alcoholic Beverages Trade Schools Used Vehicle Sales Automobile Inspection Station 13.2B PD (Planned Development) PERMITTED USES 13.2B.1 13,28.2 13.2B.3 13.2B.4 LR Local Retail District Uses C-1 Commercial District Uses 0-1 Office District Uses R-7-MF Multi-family District Uses 13.3 GENERAL CONDITIONS 13.3.1 District area requirements: 13.4.2 Reserved (a) Minimum area: Every parcel of land within this district, or the combined acreage of contiguously zoned parcels, shall be at least one (1) acre in area. (c) Maximum coverage: No more than fifty (50) percent of the lot shall be covered by buildings exclusive of parking structures. 13,3.3 Outdoor activities or other uses: In connection with any permitted use, there shall be allowed the incidental display of merchandise out of doors subject to the following limitations: (a) All sales of such merchandise shall be consummated indoors, and no cash register or package wrapping counter shall be located out of doors. However, sales and delivery of gasoline may take place outdoors in this district. (b) Package materials displayed out of doors shall not be readily identifiable by type or product name from adjacent public streets by reason of package labels, sales tag markers, or otherwise. 13-2 (c) Except as provided below, all display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use and shall not extend from such building a distance of more than ten (10) feet, and shall be located wholly under a permanent part of the main business building, such as a marquee. 13.3.4 Building line requirements: Every lot within this district shall have a front yard of twenty-five (25) feet. Every lot within this district shall have side building lines of fifteen (15) feet and a rear building line of twenty-five (25) feet where the lot line abuts R-1, R-2, R-3, R-4-SD, R-6-T, R-7-MF, R-8, and AG District. 13.3.5 Height restrictions: Buildings shall be constructed by using a ratio of one (1) foot measured from property line that abuts a residential district to nearest exterior wall of building for every one and one half (1112) foot of building height. 13.3.6 Fences: See Section XXIV subsection 24.13 13.4.7 Parking and loading: See Section XXII. 13.3.8 Signs: See Section XXX. 13.3,9 Refuse containers: All refuse containers shall be screened from view of all adjacent property and public streets. 13.3.10 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 60 decibels A scale daily from 7:00 a.m, to 10:00 p.m, and fifty-five (55) decibels daily from 10:00 p.m. to 7:00 a.m. 13,3,11 Landscaping: In addition to paved parking and driving areas, at least ten (10) percent of the lot shall be maintained in landscaped open area. The landscaped open area, when abutting a residential area, shall consist of a "greenbelt" of at least ten (10) feet wide along the front and rear property lines, and at least five (5) feet wide along the side property lines. 13.3.12 Access: As directed by the City Enforcing Officer. 13.4 PD PLANNED DEVELOPMENT CONDITIONS 13.4.1 PD uses shall be subject to C-1 general conditions provided, however, the following general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting said site plan: (a) Minimum lot area (b) Building lines (c) Access (d) Height 13-3 1- 14.1 PURPOSE SECTION XIV C-2 COMMERCIAL DISTRICT The C-2 District is intended to permit extensive variety of commercial uses including retail trade, personal business services establishments with limited outdoor use or storage. 14.2 PERMITTED USES The following are the only permitted uses within the C-2 Commercial District and are subject to the general conditions of the sections as are applicable: 14,2.1 14.2.2 14.2,3 14.2.4 14.2.5 14.2.6 14.2.7 14.2.8 14.2.9 14.2.10 14.2.11 14.2.12 14,2.13 14.2.14 14.2,15 14.2.16 14.2.17 14.2.18 14.2,19 14.2.20 14.2.21 14.2.22 14.2.23 14.2,24 14.2.25 14.2.26 14.2.27 14.2.28 14.2.29 14.2.30 14.2.31 14.2,32 14.2,33 14.2.34 14.2.35 14.2.36 14.2.37 14.2.38 14,2.39 14.2.40 14.2.41 Auto Parts and Accessories Stores Auto Parts and Accessories Stores (with machine shops) Automobile and Truck Repair Automotive Repair, Tire & Batteries Sales Baked Goods Shops Banks and Savings and Loans Barber and Beauty Shops Car Wash/Auto Laundry Cafeterias Churches, Post Offices, Fire Stations, Public Schools City and Utility Uses Cleaning and Pressing Pick-up Stations Colleges/Universities Commercial Printing Shops Contractors Equipment Rental Contractors Office, Shop & Garage (no fabrication) Convenience Stores (with gasoline pumps) Day Care/Kindergarten Drive-in Restaurants Dry Cleaning Store (not to exceed 3,000 SF, total occupied area) Emergency Clinics Feed and Seed Stores Florist Shop Automobile Lubrication Center or Service Station General Organizational Offices Governmental Offices Hardware & Building Materials Retail and/or Wholesale Hardware Retail and/or Wholesale High Rise Office Buildings Home Improvement Retail Stores Hospitals Hotels, Motels Laundry, Self Service Marine Equipment Sales/Repair Medical Clinics Mortuary/Funeral Parlor New Auto/Truck Dealers Newspaper Printing Plants Nursery Retail Sales (indoor) Nursing Homes Pet Stores 14-1 14.2.42 14.2.43 14.2,44 14.2.45 14.2.46 14.2.47 14.2.48 14.2.49 14.2.50 14.2,51 14.2.52 14.2.53 14.2,54 14.2.55 14,2.56 14.2.57 14.2.58 Pharmacies Private Schools and Child Care Professional Offices Restaurants Research Laboratories Retail Stores and Shops Shopping Malls, Strip Centers, Shopping Centers Single Specialty Shop Social Service Organizations Spas, Health Studios, Fitness Centers Supermarkets, Department Stores Theaters (not drive-in types), Bowling Alleys Trade Schools Veterinarian Clinics (with/without kennels) Wholesale Distributor Pawn Shop Automobile Inspection Station 14.2A PERMITTED USES 8Y SPECIFIC USE PERMIT The following uses are only permitted within the C-2 Commercial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 14.2A.1 14.2A.2 14.2A.3 14.2A.4 14.2A.5 14.2A.6 14.2A.7 14.2A.8 14.2A.10 14.2A.11 14.2A.12 14.2A.13 14.2A.14 14.2A.15 Airport, Heliport or Landing Field Amusement Arcades Auto, Truck, Trailer Rental Commercial Recreational Activities Facility for Care of Alcoholic, Narcotic, or Psychiatric Patients Heavy Machinery Sales Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Miniature Golf Courses Private Clubs Sales of Alcoholic Beverages Used Vehicle Sales LPG/CNG Dispensing Station Self Storage/Mini-warehouse Vehicle Storage Facility 14.28 PD (Planned Development) PERMITTED USES 14.2B.1 14.28.2 14.2B.3 14.28.4 LR Local Retail District Uses C-1 Commercial District Uses 0-1 Office District Uses R-7-MF Multi-family District Uses 14.3 GENERAL CONDITIONS 14.3.1 District area requirements: (a) Minimum area: Every parcel of land within this district, or the combined acreage of contiguously zoned parcels, shall be at least one (1) acre in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. 14-2 (c) Maximum coverage: No more than fifty (50) percent of the lot shall be covered by buildings exclusive of parking structures. 14.4.2 Reserved 14.3.3 Building line requirements: Every lot within this district shall have a front building line of twenty-five (25) feet. Every lot within this district shall have side building lines of fifteen (15) feet and a rear building line of twenty-five (25) feet when the lot abuts R-1, R-2, R-3, R-4-SD, R-6-T, R-7-MF, R-8, and AG Districts. 14.3.4 Height restrictions: Buildings shall be constructed by using a ratio of one (1) foot measured from property line that abuts a residential district for every one and one half (1 Y2) foot of building height. 14.3.5 Fences: See Section XXIV subsection 24.13 14.4,6 Parking and loading: See Section XXII. 14.3.7 Signs: See Section XXX. 14.3.8 Refuse containers: All refuse containers shall be screened from view of all adjacent property and public streets. 14.3.9 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m. to 10:00 p,m. and fifty-five (55) decibels daily from 10:00 p,m. to 7:00 a.m. 14.3.10 Landscaping: In addition to paved parking and drive areas, at least ten (10) percent of the lot shall be maintained in landscaped open area. The landscaped open area, when abutting a residential area, shall consist of a "greenbelt" of at least ten (10) feet wide along the front and rear property lines, and at least five (5) feet wide along the side property lines. 14.3.11 Access: As directed by the City Enforcing Officer. 14.3.12 Outdoor use and/or storage: In connection with any permitted use, there shall be allowed the display and/or storage of merchandise out of doors subject to the following limitations: (a) All sales of such merchandise shall be consummated indoors, and no cash register or package wrapping counter shall be located out of doors. (b) Display and/or storage of merchandise outdoors shall not exceed more than 20% of the total area of the lot. (c) Temporary outdoor sales of merchandise, including cash transfer and package wrapping, may be allowed by the holder of a permanent Certificate of Occupancy at that location upon application and granting of a temporary use permit, subject to the regulations as specified in Section 24,6 and 24,6,1, Special Development Controls, under Temporary Uses. 14-3 14.4 PD PLANNED DEVELOPMENT CONDITIONS 14.4.1 PD uses shall be subject to C-2 general conditions provided, however, the following general conditions shall not apply except as specifically imposed by the site plan and the ordinance adopting said site plan, (a) Minimum lot area (b) Building lines (c) Access (d) Height 14-4 15.1 PURPOSE SECTION XV OC OUTDOOR COMMERCIAL DISTRICT The OC District is intended to permit commercial uses which require an extensive amount of outdoor display use. 15.2 PERMITTED USES The following are the only permitted uses within the OC district and are subject to the general conditions of this section and such other sections as are applicable: 15.2.1 15.2.2 15.2.3 15.2.4 15.2.5 15.2.6 15.2.7 15.2.8 15.2.9 15,2.10 15.2.11 15.2.12 15.2.13 15.2.14 15.2.15 15.2.16 15.2,17 15.2.18 Auto, Truck, Trailer Rental Boat Sales Requiring Outdoor Display Area Bus Passenger Terminals Car Wash/Auto Laundry Churches, Post Offices, Fire Stations, Public Schools City and Utility Uses Commercial Recreational Activities Contractors Equipment Rental Drive-in Restaurants Drive-in Theater Equipment Rental Requiring Outdoor Display Areas Feed and Seed Stores Heavy Machinery Sales Kennels Miniature Golf Courses New Vehicle Sales and Rental Requiring Outdoor Display Areas Nurseries (Plant Materials) Retail Sales Requiring Outdoor Display Areas 15.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted within the OC Outdoor Commercial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 15.2A.1 15.2A.2 15.2A.3 15.2A,4 15,2A.5 15.2A.6 15.2A.7 15.2A.8 15.2A.9 15.2A.10 15.2A.11 Airport, Heliport or Landing Field Amusement Arcades Cemetery or Mausoleum Facility for Care of Alcoholic, Narcotic, or Psychiatric Patients Lodges, Civic Clubs. Fraternal Organizations. Social Clubs Private Clubs Race Tracks Sales of Alcoholic Beverages Used Vehicle sales Shops Self Storage/Mini-warehouse Vehicle Storage Facility 15-1 15.28 PD (PLANNED DEVELOPMENT) PERMITTED USES 15.28.1 15.28.2 15.28.3 15.28.4 15,28.5 15.28.6 LR Local Retail District Uses C-1 Commercial District Uses C-2 Commercial District Uses 1-1 Industrial District Uses 1-2 Industrial District Uses R-7-MF Multi-family District Uses 15.3 GENERAL CONDITIONS 15.3.1 District area requirements: (a) Minimum area: Every lot within the zoning district shall be at least twenty-two thousand five hundred (22,500) square feet in area. (b) Minimum frontage: Every lot within this zoning district shall have at least one hundred fifty (150) feet in width, measured at the front building line. (c) Minimum lot depth: Every lot within this zoning district shall be at least one hundred fifty (150) feet average depth. (d) Maximum coverage: No more than thirty (30) percent of the total area shall be covered by buildings. 15.3.2 Reserved 15.3.3 Building line requirements: Every lot within this district shall have a front yard of twenty-five (25) feet. Every lot within this district shall have side building lines of fifteen (15) feet and a rear building line of twenty-five (25) feet where the lot abuts R-1, R-2, R-3, R-4-SD, R-6-T, R-7-MF, R-8, and AG District. 15.3.4 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 15,3.5 Fences: See Section XXIV subsection 24.13 15.4.6 Parking and loading: See Section XXII. 15.3.7 Signs: See Section XXX. 15,3.8 Reserved. 15.3.9 Refuse containers: All refuse containers shall be screened and located behind the front building line and shall not be located in any required yard. 15.3.10 Access: As approved by the City Enforcing Officer. 15.3.11 Landscaping: In addition to paved parking and driving areas, at least ten (10) percent of the lot shall be maintained in landscaped open area, The landscaped open area, when abutting a residential area, shall consist of a "greenbelt" of at least fifteen (15) feet wide along the front and rear property lines, and at least ten (10) feet wide along the side property lines. 15.3.12 Entrances and exits to truck loading areas shall be no closer than seventy five (75) feet to an adjoining lot located in a residential district, as measured along the common street line. 15-2 15.3.13 No inoperative equipment or vehicle shall be stored or parked in a required yard. Any parking or storage spaces for such equipment or vehicles adjacent to an exterior yard shall be screened by a solid fence not less than six (6) feet in height at the building line. 15,3.14 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m, to 10:00 p.m. and fifty-five (55) decibels daily from 10:00 p.m. to 7:00 a.m. 15.4 PD PLANNED DEVELOPMENT CONDITIONS 15.4.1 PD uses shall be subject to OC general conditions provided, however, the following general conditions shall not apply except as specifically imposed by the site plan and the ordinance adopting said site plan: (a) Minimum lot area (b) Building lines (c) Access (d) Height 15-3 16.1 PURPOSE SECTION XVI 1-1 LIGHT INDUSTRIAL DISTRICT The 1-1 District is intended to permit a limited range of assembly, warehousing and service type uses. 16.2 PERMITTED USES The following are the only permitted uses within the 1-1 Light Industrial district and are subject to the general conditions of the sections as are applicable: 16.2.1 16.2.2 16.2.3 16.2.4 16.2.5 16.2.6 16.2.7 16.2.8 16.2.9 16.2,10 16.2.11 16.2.12 16.2.13 16.2.14 16.2.15 16.2.16 16.2.17 16.2.18 16.2,19 16.2.20 16,2.21 16.2,22 16.2.23 16,2.24 16.2.25 16.2.26 16.2,27 16,2,28 16,2,29 16.2,30 16.2.31 16.2.32 16.2.33 16.2.34 16.2.35 16.2.36 16,2.37 16.2.38 16.2.39 16,2.40 Assembling Operations of Commodities where all Operations are to be conducted Within Fully Enclosed Buildings Auto Parts and Accessories Stores Auto Parts and Accessories Stores (with machine shops) Auto, Truck, Trailer Rental Automobile and Truck Repair Baked Goods Shops Banks and Savings and Loans Barber and Beauty Shops Cabinet Shops Car Wash/Auto Laundry Cafeterias Churches, Post Offices, Fire Stations, Public Schools City and Utility Uses Cleaning and Pressing Pick-up Stations Colleges/Universities Commercial Bakeries Commercial Laundries/Dry Cleaners Commercial Printing Shops Contractors Equipment Rental Contractors Office, Shop & Garage (no fabrication) Convenience Stores (with gasoline pumps) Day Care/Kindergarten Drive-in Restaurants Dry Cleaning Store Emergency Clinics Feed and Seed Stores Florist Shop Automobile Lubrication Center or Service Station General Organizational Offices Governmental Offices Hardware & Building Material Retail and/or Wholesale Hardware Retail and/or Wholesale Heavy Machinery Sales High Rise Office Buildings Home Improvement Retail Stores Hospitals Hotels, Motels Kennels Laundry, Self Service Lumber Yards 16-1 16.2.41 16.2.42 16.2.43 16.2.44 16,2.45 16,2.46 16.2.47 16.2.48 16.2.49 16.2.50 16.2.51 16.2.52 16,2.53 16.2.54 16.2,55 16.2.56 16.2.57 16.2.58 16.2.59 16.2.60 16.2.61 16.2.62 16.2.63 16.2.64 16.2.65 16,2,66 16.2.67 16.2.68 16.2.69 16,2,70 16,2,71 16.2.72 16.2,73 16.2.74 Machine Shops Marine Equipment Sales/Repair Medical Clinics Mortuary/Funeral Parlor New AutolTruck Dealers Newspaper Printing Plants Nursery Retail Sales Nursing Homes Pet Stores Pharmacies Plumbing Shops Private Schools and Child Care Professional Offices Restaurants Research Laboratories Retail Stores and Shops Sheet Metal Shops Shopping Malls, Strip Centers, Shopping Centers Single Specialty Shop Social Service Organizations Soft Drink Bottling Spas, Health Studios, Fitness Centers Supermarkets, Department Stores Theaters (not drive-in types), Bowling Alleys Trade Schools Veterinarian Clinics (with/without kennels) Warehousing Warehousing & Storage of Any Commodity Except Heavy Steel, Large Diameter Pipe, Junk, Salvage, Explosive or Hazardous Chemicals Wholesale Distributor All uses of the C-2 Commercial District Pawn Shop Self Storage/Mini-warehouse Automobile Inspection Station Vehicle Storage Facility 16.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted within the 1-1 Light Industrial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 16.2A.1 16.2A.2 16.2A,3 16.2A.5 16.2A,6 16.2A.7 16.2A.8 16.2A.9 Airport, Heliport or Landing Field Cemetery or Mausoleum Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Race Tracks Sales of Alcoholic Beverages Sewerage Treatment Plants Used Vehicle Sales LPG/CNG Dispensing Station 16-2 16.3 GENERAL CONDITIONS 16.3.1 District area requirements: (a) Minimum area: Every parcel of land within this district, or the combined acreage of contiguously zoned parcels, shall be at least two (2) acres in area, (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. 16.3.2 Reserved 16,3.3 Building line requirements: (a) Every lot within this district shall have a front building line of at least twenty-five (25) feet. (b) When one or more property lines of an industrial lot abut a residential or agricultural district, a twenty-five (25) foot building line shall be required for each side abutting the residential district. 16.3.4 Height: When a lot abuts a residential or agricultural district, then the buildings shall be constructed by using a ratio of one (1) foot measured from the nearest property line for every one and one half (1112) foot of building height. 16.3,5 Fences: See Section XXIV subsection 24.13 16.3.6 Parking: See Section XXII. 16.3,7 Signs: See Section XXX. 16.3.8 Accessory Apartment: In connection with the permitted use of a self-storage or mini-warehouse there may be permitted an accessory apartment with a minimum square footage of 650 square feet. Such apartment shall be specifically for the occupancy of a resident manager for the warehouse facility. No person shall be allowed to occupy the said apartment who is not an employee of the company operating the warehouse facility and no employee of said company occupying the on-site apartment shall be under (18) years of age. 16.4 SPECIAL CONDITIONS 16.4.1 In addition to paved parking and drive areas, at least ten (10) percent of the lot shall be maintained in permanent open landscaped area. The landscaped open area, when abutting a residential area, shall consist of a "greenbelt" of at least fifteen (15) feet wide along the front and rear property lines, and at least ten (10) feet wide along the side property lines. All landscaping shall be properly maintained throughout the life of any use of the lot. 16.4.2 There shall be a five (5) foot wide strip of landscaped area along any lot line (s) which is (are) contiguous to a residential district. 16.4.3 Reserved 16-3 16.5 ENVIRONMENTAL STANDARDS 16.5.1 In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 70 decibels A scale. 16,5.2 See Section XXIV 16-4 17.1 PURPOSE SECTION XVII 1-2 MEDIUM INDUSTRIAL DISTRICT The 1-2 District is intended to permit a wider range of manufacturing, wholesales and service type uses. 17.2 PERMITTED USES The following are the only permitted uses within the 1-2 Medium Industrial District and are subject to the general conditions of the section as are applicable: 17.2.1 17.2.2 17.2.3 17,2.4 17,2,5 17.2.6 17.2.7 17.2.8 17.2.9 17,2.10 17.2.11 17.2.12 17,2,13 17.2,14 17.2,15 17.2.16 17.2.17 17.2.18 17.2.19 17.2,20 17.2.21 17.2.22 17,2,23 17.2,24 17.2.25 17.2.26 17,2,27 17.2.28 17,2.29 17.2.30 17 .2,31 17,2,32 17.2.33 17,2.34 17.2.35 17.2.36 17.2.37 17,2.38 17.2,39 17.2.40 17.2.41 Assembling Operation of Commodities where all Operations are to be conducted Within Fully Enclosed Buildings Auto Parts and Accessories Stores Auto Parts and Accessories Stores (with machine shops) Auto, Truck, Trailer Rental Automobile and Truck Repair Baked Goods Shops Banks and Savings and Loans Barber and Beauty Shops Bus Barns and Lots Cabinet Shops Car Wash/Auto Laundry Cafeterias Chemical Laboratories Churches, Post Offices, Fire Stations, Public Schools City and Utility Uses Cleaning and Pressing Pick-up Stations Cold Storage Plants Colleges/Universities Commercial Bakeries Commercial Carpet Cleaning Commercial Laundries/Dry Cleaners Commercial Printing Shops Contractors Equipment Rental Contractors Office, Ship & Garage (no fabrication) Convenience Stores (with gasoline pumps) Day Care/Kindergarten Drive-in Restaurants Dry Cleaning Store Emergency Clinics Feed and Seed Stores Florist Shop Automobile Lubrication Center or Service Station General Organizational Offices Governmental Offices Hardware & Building Material Retail and/or Wholesale Hardware Retail and/or Wholesale Heavy Machinery Sales High Rise Office Buildings Home Improvement Retail Stores Hospitals Hotels, Motels 17-1 17.2.42 17.2.43 17,2,44 17.2.45 17.2.46 17.2.47 17.2.48 17.2.49 17.2.50 17.2.51 17.2.52 17.2.53 17.2.54 17.2.55 17.2.56 17.2.57 17.2.58 17.2.59 17.2.60 17.2.61 17.2.62 17.2.63 17,2,64 17,2,65 17.2.66 17 .2.67 17.2.68 17.2,69 17.2.70 17.2.71 17.2.72 17.2.73 17.2.74 17 .2. 75 17.2.76 17.2.77 17 .2. 78 17.2.79 17,2.80 Kennels Laundry, Self Service Lumber Yards Machine Shops Manufacturing and Assembling Operations of Commodities Except Large Steel Structures Marine Equipment Sales/Repair Medical Clinics Mortuary/Funeral Parlor New Auto/Truck Dealers Newspaper Printing Plants Nursery Retail Sales Nursing Homes Pet Stores Pharmacies Plumbing Shops Private Schools and Child Care Professional Offices Restaurants Research Laboratories Retail Stores and Shops Sales and Service of Heavy Equipment Sheet Metal Shops Shopping Malls, Strip Centers, Shopping Centers Single Specialty Shop Social Service Organizations Soft Drink Bottling Spas, Health Studios, Fitness Centers Supermarkets, Department Stores Theaters (not drive-in types), Bowling Alleys Trade Schools Veterinarian Clinics (with/without kennels) Warehousing Welding Shops Warehousing & Storage of Any Commodity Except Heavy Steel, Large Diameter Pipe, Junk, Salvage, Explosive or Hazardous Chemicals Wholesale Distributor Pawn Shop Self Storage/Mini-warehouse Automobile Inspection Station Vehicle Storage Facility 17.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted within the 1-2 Medium Industrial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 17.2A.1 17.2A.2 17.2A.3 17.2A.5 17.2A.6 17.2A,7 17 .2A.8 Airport, Heliport or Landing Field Cemetery or Mausoleum Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Race Tracks Sales of Alcoholic Beverages Sewerage Treatment Plants Used Vehicle Sales 17-2 17.2A.9 LPG/CNG Dispensing Station 17.3 GENERAL CONDITIONS 17.3.1 District area requirements: (a) Minimum area: Every parcel of land within this district, or the combined acreage of contiguously zoned parcels, shall be at least two (2) acres in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. 17.3.2 Reserved 17.3,3 Building line requirements: (a) Every lot within this district shall have a front building line of at least twenty-five (25) feet. (b) When one or more property lines of an industrial lot abut a residential or agricultural district, a twenty-five (25) foot building line shall be required for each side abutting the residential district or agricultural district. 17.3.4 Height restrictions: When a lot abuts a residential or agricultural district, then the buildings shall be constructed by using a ratio of one (1) foot measured from the nearest property line for every one and one half (1 Y2) foot of building height. 17,3.5 Fences: See Section XXIV subsection 24.13 17,3.6 Parking and loading: Subject to requirements set forth in Section XXII. 17,3.7 Signs: See Section XXX. 17.3.8 Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets. 17.4 SPECIAL CONDITIONS 17.4,1 In addition to paved parking and drive areas, at least ten (10) percent of the lot shall be maintained in permanent open landscaped area. The landscaped open area shall consist of a "greenbelt" of at least fifteen (15) feet wide along the front and rear property lines, and at least ten (10) feet wide along the side property lines. All landscaping shall be properly maintained throughout the life of any use of the lot. 17.5 ENVIRONMENTAL STANDARDS 17.5,1 In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m. to 10:00 p.m. and 55 decibels daily from 10:00 p.m. to 7:00 a.m. 17.5.2 See Section XXIV 17-3 18.1 PURPOSE SECTION XVIII U SCHOOL, CHURCH & INSTITUTIONAL DISTRICT The U District is intended to permit only non-profit activities of an educational, religious, governmental or institutional nature, 18.2 PERMITTED USES The following are the only permitted uses within the U district and are subject to the general conditions of this section and such other sections as are applicable: 18.2.1 18.2.2 18.2.3 18.2.4 18.2.5 18.2.6 18.2.7 18.2,8 Churches, sanctuaries, church schools, rectories City & Utility Uses Colleges & Universities Governmental Offices Libraries Public Buildings Public Schools and Non-Profit Educational Institutions Offering Programs Equivalent to Public School Grades Day Care/Kindergarten 18.3 PD (PLANNED DEVELOPMENT) Uses 18.3.1 18.3.2 Church sponsored nursing homes Church or government sponsored day nurseries. 18.4 GENERAL CONDITIONS 18.4.1 Area requirements: (a) Minimum lot size: Every lot within this district shall have an area of at least twenty thousand (20,000) square feet. (b) Minimum lot width: Every lot within this zoning district shall be at least one hundred twenty-five (125) feet wide, measured at the front building line. (c) Minimum lot coverage: No more than thirty (30) percent of the total lot area shall be covered with buildings. 18.4,2 Outdoor activities of uses: Accessory parking, loading, placement of refuse containers, and other customary accessory uses incidental to church or government uses. 18.4.3 Building line requirements: Every lot within the district shall have front and rear building lines of at least twenty-five (25) feet and side building lines of at least twenty (20) feet. 18.4.4 Height restrictions: No building shaU exceed thirty-eight (38) feet in height. 18.4,5 Fences: See Section XXIV subsection 24.13 18.4.6 Parking and Loading: See Section XXII. 18-1 18.4.7 Signs: See Section XXX. 18.4,8 Accessory buildings: Permanent accessory buildings requiring foundations, including tool sheds and greenhouses, shall be pennitted only in required yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards,) 18.4.9 Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets, 18.4.10 Access: As approved by City Enforcement Officer. 18.4.11 Minimum open space: In addition to paved parking and driving areas, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. The landscaped open area shall consist of a "greenbelt" of at least fifteen (15) feet wide along the front and rear property lines, and at least ten (10) feet wide along the side property lines, 18.5 PD PLANNED DEVELOPMENT CONDITIONS 18.5.1 PD uses shall be subject to U general conditions provided, however, the following U general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting such site plan: (a) Minimum lot area (b) Building line requirements (c) Building Height (d) Access 18-2 SECTION XIX PD PLANNED DEVELOPMENT DISTRICT 19.1 PURPOSE The PD District is intended to be used in combination with other districts to permit the grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs, 19.2 EFFECTS OF PD CLASSIFICATION Property may be classified under PD District only in combination with another district. All property carrying a PD designation must have an approved site plan. 19.3 GENERAL CONDITIONS 19.3.1 District area requirements: The PD district shall have at least four (4) acres in area. The fact that such property may be platted into smaller lots shall not relieve the owner thereof such minimum area requirements 19.3.2 Maximum lot coverage: Unless limited to a lower percentage by the base district, no more than fifty (50) percent of the lot shall be covered by primary and accessory buildings. 19.3.3 Yard requirements: Unless limited by the base district the yard requirements shall be set by the approved site plan. 19,3.4 Height limitations: Unless limited by the base district the height of buildings shall be set by the approved site plan, 19.3.5 Site plan requirements: A site plan approved by the Planning and Zoning Commission and City Council shall be a prerequisite to issuance of building permits and certification of occupancy for any property in the PD district. A site plan approval request must be heard by the Planning and Zoning Commission and City Council concurrent with a PD zoning request. Prior to consideration of any site plan or a part of a larger tract under the same ownership which has been previously zoned and platted, a site plan under the terms of this district shall contain sufficient information delineating the characteristics of the site. The application shall include changes in those characteristics as may be proposed by the development which will relate to public services and facilities, and what protection features are included to insure that the development will be compatible with existing and allowable development on adjacent property, The site plan shall show at least the following items of information: (a) A scaled drawing in which not less than one (1) inch is equal to one hundred (100) feet, showing dimensioned boundaries of the property, the location and widths of streets and highways adjacent to and on the property, and any other easements thereon or adjacent thereto. (b) Elevation contours at two (2) feet intervals. (c) Location and description of existing utility services, including size of water and sewer mains. (d) Existing improvements proposed to be retained or abandoned when the property is developed. 19-1 (e) The location of each existing and each proposed structure on the site, the general category of use or uses to be contained therein, the number of stories, gross floor area and the location of entrances and exits to buildings. (f) The location and width of all curb cuts and driving lanes. (g) The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same. (h) All pedestrian walks, malls and open areas for use by residents tenants or the public. (i) The location and height of all walls, fences and screen planting and landscaping, ü) Proposed elevation sketches of all different types of proposed buildings. 19.3.6 Site plan approval: A request for a site plan approval shall be processed in accordance and concurrent with the review and hearing procedures for a zoning request. 19.3.7 Modification of site plan: The Commission may recommend modifications and the Council may require such modifications of a site plan in order to permit the proposed project to exist harmoniously with existing and anticipated uses of the surrounding areas. 19.3.8 Amendments to site plan: All site plans may be amended pursuant to the same procedure and subject to the same limitations and requirements as was the original approved site plan. 19-2 20.1 PURPOSE SECTION XX SPECIFIC USE PERMIT The specific use permit is to be used in combination with other districts to permit a specific use and establish controls so as to not adversely effect the adjacent property or the community. 20.2 EFFECTS OF SPECIFIC USE (SU) CLASSIFICATION Property only in combination with 0-1, LR, C-1, C-2, OC, 1-1 and 1-2 districts may be classified specific use. All requests for specified use must be approved by the Planning and Zoning Commission and the City Council except those issued under 20.3.19 which may be issued by the Chief Building Official of the City pursuant to procedure set forth in 20,4.2 and 20.4.3 below. Specific use permits will be issued to the site being considered, 20.3 PERMITTED USES The following are the only specific uses that may be granted and are subject to the General Conditions of this section and such other sections as are applicable. 20,3,1 20,3,2 20.3.3 20.3.4 20.3.5 20.3.6 20.3.7 20.3.8 20,3.9 20.3,10 20.3.11 20,3,12 20.3,13 20.3.14 20.3.15 20.3.16 20,3.17 20.3,18 20.3.19 20.3.20 20.3.21 20.3.22 Airport, Heliport or Landing Field Amusement Arcades Automotive Repair, Tire and Batteries Sales Auto Parts and Accessories Stores Auto, Truck, Trailer Rental Car Wash/Auto Laundry Cemetery or Mausoleum Commercial Printing Shops Commercial Recreational Activities Facility for Care of Alcoholic, Narcotic, or Psychiatric Patients Gasoline Service Station Heavy Machinery Sales High Rise Office Buildings Lodges, Civic Clubs, Fraternal Organizations, Social Clubs Miniature Golf Courses Pawn Shops Private Clubs Race Tracks Sales of Alcoholic Beverages Sewerage Treatment Plant Trade Schools Used Vehicle Sales 20.4 GENERAL CONDITIONS 20.4,1 Procedures (a) After a public hearing conducted by the Planning and Zoning Commission and after receiving a recommendation from the Planning and Zoning Commission The City Council shall conduct a public hearing as is required for all zoning request and may after such a public hearing grant for specific parcels of land the issuance of a specific use permit in those districts where it is allowable to grant such a permit, Each specific use permit application shall be evaluated by the Planning and Zoning Commission and 20-1 City Council as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. (b) In considering and determining its recommendation to the City Council relative to any application for a specific use request the Planning and Zoning Commission shall require the applicant to furnish plans and data concerning the operation, location, function and characteristics of any use of the land or building being proposed, (c) The Planning and Zoning Commission shall recommend to the City Council safeguards and conditions concerning lot size, setbacks, ingress or egress, off-street parking and loading arrangements, location and construction of structures and uses, (d) The City Council may in the interest of the public welfare and to assure compliance with the intent of this Ordinance, require such development standards and safeguards as recommended by the Planning and Zoning Commission, (e) A site plan setting forth development standards and safeguards shall be required of the applicant and such plan when accepted shall be made part of the amending ordinance. (f) A specific use approved under the provision and conditions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. 20.4.2 REQUIREMENTS FOR SALE OF ALCOHOLIC BEVERAGES. A specific use permit for the sale of alcoholic beverages may be issued by the Chief Building Official of the City only when such use is to be in conjunction with the sale of prepared food for on premise consumption. The said Official will not issue such specific use permit until he has made an inspection and made a positive finding that all distance requirements imposed by the Statutes of this State are in compliance and that the property is located in the proper zoning classification for specific use pursuant to 20,2 above. The permit must be countersigned by the City Secretary, 20.4.3 REQUIREMENTS FOR SALE OF BEER FOR OFF-PREMISES CONSUMPTION ONLY. The Chief Building Official may issue such permit when he has made an inspection and has made an affirmative finding that all distance requirements imposed by the Statutes of this State are in compliance and that the property is located in the proper zoning classification for Specific Use pursuant to 20.2 above, The permit must be countersigned by the City Secretary, 20-2 SECTION XXI FLOOD PLAIN DISTRICT 21.1 PURPOSE The purpose of designating the Flood Plain zoning sub-districts is not to prohibit, but to guide development in those flood hazard areas consistent with nature's demands for the conveyance of flood flows and the City's land use needs, Flood area sub-districts are established as a part of the effort to manage areas of special flood hazards. The Flood Damage Prevention Ordinance sets forth other requirements, including the issuance of a Development Permit. The Flood Plain Sub-district is designed to protect the ability of a portion of the flood area necessary to carry flood waters. Because of the extreme dangers and high risks expected in time of flooding and to protect the carrying capacity of the waterway, highly restrictive regulations limiting the uses of land and the conditions under which the land can be used are established for the areas designated as Flood Plain (FP) Sub-district. The Flood Plain Sub-district shall not change the base zoning but shall limit the permitted uses and alter the Development standards of the base zoning. 21.2 VERIFICATION OF FLOOD HAZARD Where an area which is shown to be in the Flood Plain (FP) Sub-district is determined by the enforcing officer not to be in the flood hazard area as based on detailed surveyed topographic and engineering data, the land shall be deemed not to be in the FP Sub-district even if it is shown in the FP Sub-district on the zoning map and the map shall be appropriately modified, If the land has been filled without obtaining, or in violation of a development permit, this paragraph shall not apply, 21.3 PERMITTED USES - GENERAL 21.3,1 In FP Sub-district no building or structure shall be used and no building or structure shall be hereafter erected, reconstructed, altered, enlarged or maintained except for one or more of the following use is such use is also permitted in the base zoning district and when provisions of subsection 21.5.1 are met. No use shall adversely affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system. 21 ,3,2 For use listed in Section 21.4, building permits and/or Certificates of Occupancy may be issued only after an issuance of a development permit, and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, dams, or other flood control structures or facilities existing or proposed at the time of application; and provided that the information outlined in subsection 21.4.2 is satisfactorily submitted in a formal report prepared under the direction of and bearing the seal of a Registered Professional Engineer hired by the applicant. 21.4 SPECIAL EXCEPTION USES 21.4,1 The following uses which involve structures (temporary or permanent), fill or storage of materials or equipment shall be permitted only after approval of a Specific Use Permit if such use is also permitted in the Base Zoning District. These uses are also subject to the provisions of the Flood Damage Prevention Ordinance which apply to all flood plain special exception uses, (a) Uses of structures accessory to open space or special exception uses. (b) Circuses, carnivals, and similar transient amusement enterprises. (c) Drive-in theaters, new and used car lots, roadside stands, signs and billboards. 21-1 (d) Extraction of sand, gravel, and other materials. (e) Reserved. (f) Taxi stands (g) Storage yards for equipment, machinery, or materials. (h) Kennels and stables. (i) Outdoor commercial amusement enterprises. (j) Reserved. (k) Day camp operated by non-profit organization. (I) Permanent buildings of country clubs, sports, or recreation centers. (m) Private park or recreational area. (n) Radio, television, microwave broadcast, relay, receiving towers, and transmission and re-transmission facilities, (0) Game farm, fish hatchery. (p) Loading, unloading area, (q) Non-covered storage yard for equipment and material. (r) Shooting range. (s) Nursery yards of buildings for retail or wholesale. (t) Recreational vehicle parks. (u) Produce market (retail) 21.4.2 Specific use permits listed in 21.4,1 may be granted only after public notice and hearing and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, darns, or other flood control structures or facilities, existing or proposed at the time of application, and provided that the following information is satisfactorily submitted in a formal report prepared under the direction of, and bearing the seal of, a Registered Professional Engineer hired by the applicant for such specific use permit. (a) The relative dangers to life and property occasioned by the proposed uses. (b) The relationship of the proposed use to the comprehensive plan and flood plain management program of the City of North Richland Hills, (c) The relationship and/or effects of the proposed use to the floodwater transportation and storage capacities of the channel and floor plan. The determination of said relationship and/or effects shall be based on the assumption that any resultant permitted increase in the flood plain encroachment will extend for a significant reach of the watercourse together with an encroachment equal in degree on the opposite side of the watercourse, (d) The above report shall be reviewed by the enforcing officer and his written recommendations made available to the City Council and to the City Planning and Zoning Commission prior to advertisement for public hearing to consider a specifIC use permit. The Enforcing Officer shall not be required to submit his report until he is satisfied that the applicant's engineer has adequately studied the possible effects of flooding. The Enforcing Officer may require the following in order to evaluate the report and make his recommendations: 1, Plans drawn to a scale of one (1) inch equal fifty (50) feet w~th one (1) foot contour intervals, or other scales satisfactory to the enforcing officer, showing the nature, locations, dimensions, and elevation of the site or sites in issue and environs within five hundred (500) feet thereof; existing water proofing measures and the relationship of same to the existing and proposed locations of the FP Sub-district. 2. An area location map showing the relationship of the area in issue to surrounding territory. 21-2 3. Technical information evaluating any change of anticipated flood heights and velocities, adequacy of protection and the seriousness of possible flood damages to existing and proposed uses. 4, Any additional infonnation substantiating the wisdom of the proposed use. 5. A typical flood plain cross section showing the channel of watercourse, elevation of land areas adjoining each side of the channel, and cross-sectional areas of present and projected uses and high-water information. 6. Plan (surface view) showing elevation of contours of the ground, channel, alignment, or realignment; all levees, sumps, diversions, pertinent structures, fill or storage elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information. 7, Profile showing the slope of the bed of the channel or flow line of the watercourse. 8. Additional detailed technical information which the City Enforcing Officer, Planning and Zoning Commission and City Council may request. 21 ,5.1 In the Flood Plain (FP) Sub-district no filling, grading or soil removal shall be done for an allowed purpose, prior to a development permit being issued. Prior to issuing such a permit, sufficient information and data shall be submitted to determine the effect of the fill, grading or soil removal. Any or all the information data set out in 21.4.2 may be required, 21.5.2 If filling, grading or soil removal is done but is not in compliance with the above requirements, the land shall be restored to its original condition except for any portion for which a development permit is obtained. 21.6 RESPONSIBILITY FOR FLOODING The fact that land or property is or is not classified as being within the Flood Plain (FP) Sub-district shall not constitute assurance that said land or property is, or is not subject to local flooding, and the designation of the Flood Plain (FP) Sub-district in this ordinance shall not be so interpreted. 21-3 SECTION XXII MINIMUM PARKING AND LOADING REQUIREMENTS 22.1 PURPOSE It is the purpose of this section to establish the guidelines of off-street parking space consistent with the proposed land use to: (a) Reduce the occurrence of on-street parking throughout the city (b) Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space (c) Expedite the movement of traffic on public thoroughfares in a safe manner thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the city (d) Insure that provided parking facilities meet basic requirements 22.2 OFF-STREET PARKING SPACES REQUIRED 22.2.1 Intent: In all districts, for all uses, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, off-street parking spaces for motor vehicles in accordance with the requirements specified herein, 22,2,2 The off-street parking and loading facilities required for the uses mentioned in these regulations shall be on the same lot as the structures intended to be served, or on a lot abutting the lot intended to be served only by access other than a public street. 22.3 PARKING FOR EXISTING USES 22.3.1 Intent: It is the intent of these regulations to preserve and retain existing off-street parking and loading spaces in at least the minimum amounts as would be required if the existing use of structure had been established or erected in full compliance with the provisions herein. 22.3.2 Certificate of Occupancy: No Certificate of Occupancy shall be issued, no use shall be established or changed, and no structure shall be erected, enlarged or reconstructed unless the off-street parking and loading spaces are provided in the minimum amount and maintained in the manner specified in these regulations; however, for the enlargement of a structure or for the expansion of a use of structure or land there shall be required only the number of off-street parking and loading spaces as would be required if such enlargement or expansion were a separate new structure. 22.4 GENERAL REQUIREMENTS 22,4.1 Measurements: (a) When units or measurements result in requirements of a fractional space, any fraction shall require one (1) space. (b) Loading space shall not be considered to supply required off-street parking space, nor shall required off-street parking spaces supply required off- street loading space. 22-1 22.4,2 Non-parking uses: (a) Areas designated for off-street loading shall be used only for the loading and unloading of passengers, equipment, supplies or merchandise. (b) In all zoning categories loading areas shall not be used for refuse containers; or for the repair, storage, dismantling or servicing of vehicles or equipment; or for the storage of materials or supplies; or for any other use in conflict with the designated parking and loading areas, 22.4.3 Access and maneuvering: (a) Except for single family or two-family dwelling units, parking and loading areas shall be arranged so that vehicles shall not be required to back out of the parking or loading spaces directly into a public street. (b) Notwithstanding the provisions of Subsection (a) above, on street classified as arterials or primary collectors on the city's thoroughfare plan, circular drives shall be allowed. Circular drives must extend and provide storage for automobiles behind the property line. 22.4.4 Space standards: (a) A space nine (9) feet by eighteen (18) feet of floor/lot area with unobstructed access to a public street shall be deemed to be parking space for one (1) vehicle. (b) Table 22.2, attached hereto, is incorporated in and made part of these regulations and shall be used in determining capacity of off-street parking areas. (c) Unless otherwise specified, a space twelve (12) feet by thirty (30) feet with a clear height of fourteen (14) feet, and with unobstructed access to a public street or private drive shall be deemed to be loading space for one vehicle. (d) Small car spaces: The minimum required area for each parking space shall not be less than that established by Table 22.2; provided, however, if the total number of required parking spaces exceeds 100 spaces, a number of spaces not to exceed 20% of the required number may be designed for Small Car use only, The minimum size of such Small Car Space shall be 8 feet by 14 feet. Each area designated for Small Car Spaces within a lot shall be clearly marked with signs installed above eye level stating that it is a Small Car parking area. The minimum number of spaces for each class of uses shall not be less than that established by Table 22.3. 22.5 DEVELOPMENT STANDARDS The off-street parking or loading facilities required for the uses mentioned in these regulations shall be on the same lot or parcel of land as the structure they are intended to serve or on a lot or parcel of land abutting the lot they are intended to serve, 22.5.1 Curbs, wheelstops, and islands: Parking and loading spaces shall be provided with curbs, wheelstops, or raised islands so located that no part of the parked vehicle shall extend beyond the parking space or across a property line. 22.5.2 Lighting: Any light used to illuminate or identify a parking or loading area shall be placed so as to reflect the light away from the adjacent dwellings and so as not interfere with traffic control devices. 22-2 22.5.3 Pavement marking and signing: All pavement marking and signing shall be in conformance to the design requirements as set forth in the Manual on UnifonTl Traffic Control Devices. 22.5.4 Landscaping: If parking and maneuvering space exceeds one acre, at least five (5) percent thereof shall be maintained as landscaped area, with adequate and inconspicuous irrigation systems. It is the intent of this section to require design and construction of parking areas in a manner whereby areas unusable for parking or maneuvering are landscaped. 22.5.5 Fences, walls and screens: Where a fence is not otherwise required, parking or loading areas designed for more than six (6) spaces or berths adjacent to residentially or agriculturally zoned property shall be screened by a solid wall not less than six (6) feet in height. Said wall shall be maintained in a neat and orderly condition. Except for necessary driveways, said wall shall screen the vehicle area along those exposures where the vehicle area adjoins or is across a street or alley from property restricted to residential use. 22.5.6 Maintenance requirements: To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking areas to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City. 22.5,7 Visibility triangle and parkway requirements: Parking and loading areas shall be designed and constructed so as to prevent intrusion into or use of the visibility triangle or parkway as defined in the Code of Ordinances of the City, 22.6 OFF STREET LOADING REQUIREMENTS There shall be provided, in connection with each allowable use, off-street loading facilities in accordance with the following minimum requirements. The following off-street merchandise and passenger loading spaces shall be permanently and clearly marked. Each off-street merchandise loading space shall be no less than twelve (12) feet by thirty (30) feet with clear height of fourteen (14) feet and each off-street passenger loading space shall be no less than twelve (12) feet by thirty (30) feet with a clear height of fourteen (14) feet. 22.6.1 Passenger and merchanside loading space: The following amounts of market off-street passenger and merchandise loading spaces shall be required for the following uses classes as set forth in the Table 22.1. 22-3 TABLE 22.1 PASSENGER AND MERCHANDISE LOADING SPACES A. MERCHANDISE LOADING SPACE REQUIREMENTS GROSS FLOOR AREA - SQUARE FEET SPACES REQUIRED o up to and including 20,000 20,001 up to and including 100,000 100,001 up to and including 200,000 200,001 up to and including 300,000 None 1 2 3 and for each additional 100,000 over 300,000 1 B. PASSENGER LOADING SPACE REQUIREMENTS: Marked off-street passenger loading spaces shall be required for the following enumerated use classes in lieu of the above loading spaces. Number of Use Loading Required for Each Additional Spaces Requirements 1. Day-Care Center 3 First 20 Children One for Each Additional 20 Students 2. EDUCATIONAL a. Pre-School and Kindergartens 4 2 classrooms Need not exceed 20 b. Elementary 4 2 classrooms Need not exceed 20 c. Junior High 4 4 classrooms Need not exceed 20 d. Senior High 4 6 classrooms Need not exceed 20 e. Colleges 1 Building 3. HEALTH FACILITIES a. General hospital, convalescent home, or sanitorium 3 Each patient care building b. Outpatient, medical,or dental clinic 1 2 physicians c. Loading space for emergency vehicles See Section 22.6.2 4. Motels and Hotels 2 Minimum One for each 60 rooms 22-4 5. Places of Public Assembly Churches, school auditoriums, fellowship halls, theaters, mortuaries transportation waiting rooms, etc. 2 First 400 seats One for each additional 1000 seats 6, RECREATIONAL AND CULTURAL FACILITIES a. Amusement park 2 Minimum b, Bowling Alley 2 Minimum c. Skating Rink or dance hall 2 Minimum d, Swimming pools 2 Minimum e. Museum and Library 2 Minimum 7. Restaurants and Food Services 1 200 seats 1 minimum 22.6.2 Loading Space for Emergency Vehicles: There shall be provided within thirty (30) feet of the main entrance to every building, according to the criteria set forth below, one permanently marked area not less than thirty (30) feet in length and marked "Emergency Vehicles Only." This requirement shall apply only to: (a) Office type buildings having a gross floor area of twenty thousand (20,000) square feet or more in area. If visitor or tenant parking is permitted adjacent to the building, the Emergency Vehicle Zone shall be reserved next to a raised island extended from the building or parking curb for a distance equal to the depth of the adjoining parking stall, but shall not be required to be more than twenty (20) feet. 22.6.3 PARKING SPACE FOR DISABLED For every lot of more than ten (10) parking spaces, there shall be provided a minimum number of parking spaces for the disabled based upon the total number of spaces required. (a) The number of spaces to be provided for the disabled shall be calculated as follows: Total Parking Spaces Required Minimum Number of ParkinQ Spaces for Disabled 11-50 51-100 101-300 301-500 Over 500 1 2 3 5 1% of Total 22-5 (b) Location: Such parking spaces shall be located on an accessible circulation route and as near as is reasonably possible to the primary entries to the building or facility. In separated parking structures, lots or basement garages, parking spaces shall be located on the shortest possible circulation route. In addition, the parking spaces shall be located in proximity to the accessible point of ingress including elevators, and there shall be an accessible route from the point of egress to the nearest primary entry into the building or facility. (c) Specifications: Such parking spaces shall be open on at least one side and allow room for individuals in wheelchairs, on crutches, or braces to safely maneuver in or out of the vehicle on a level surface. Such spaces shall be so arranged that disabled persons are not required to walk or wheel behind parked cars. (1) Each Head-in or Diagonal space for disabled shall be a minimum of 96 inches wide with an adjacent aisle or clear space of at least 60 inches wide. A single common clear space of 60 inches may be provided between two 96 inch parking spaces. (2) If parallel parking is located on a street, driveway, or other area where vehicular traffic exists the space shall be designed and placed in such a manner that persons are out of the flow of traffic. (3) Parked vehicles overhang shall not intrude or reduce the clearance of accessible routes, (4) Parking surfaces and accessible aisles shall not have a slope in any direction in excess of 2 percent. (5) Parking spaces for the disabled shall be identified and reserved for the handicapped by a sign incorporating the symbol of accessibility and placed so that it will not be obscured by parked vehicles. The sign shall be of such size that it is legible from a distance that would be reasonable for the condition, For every occupancy of more than ten thousand (10,000) square feet of floor area, and for each additional ten thousand (10,000) square feet thereafter, at least one parking space of not less than twelve (12) feet by eighteen (18) feet shall be designated and clearly marked for use by disabled persons. Such parking space shall be at least as close to an entrance as any non-disabled parking space, 22.6.4 Fire Lanes: Fire lanes as required by the Fire Code shall be provided and clearly marked. 22.7 MINIMUM PARKING AREA AND SPACES Minimum required area for each parking space shall not be less than that fumished by Table 22.2a and 22.2b. The minimum number of spaces for each class of use shall not be less than that established by Table 22.3. Editor's Note: These tables can be found in Appendix III. 22-6 SECTION XXIII AG AGRICULTURAL DISTRICT 23.1 PURPOSE This district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools and other facilities so that reasonable development will occur, A change of zoning from AG to any other classification shall be in accordance with provisions established by this ordinance. 23.2 PERMITTED USES The following are the only permitted uses within the AG district and are subject to the general conditions of this section and such other sections as are applicable: 23.2.1 Agricultural Including the Raising of Field Crops, Horticulture, Animal Husbandry Subject to the Rules and Regulations of the City, County and State Health Departments. 23,2.2 Ranch and Farm Dwellings Necessary to Agricultural Operations. 23.2.3 Parks and playgrounds 23,2.4 City and Utility Uses 23.3 GENERAL CONDITIONS 23.3.1 Property once changed from AG zoning to any other zoning district shall not be changed back to AG zoning for any reason, Also property already zoned other than AG cannot be zoned AG for any reason, 23.3.2 Property zoned AG cannot be sub-divided and developed for any other purpose than strictly agriculture use without an approved zoning change. 23.3.3 Minimum lot area: Every lot within the AG District shall be at least two (2)acres in area. 23.3.4 Building line requirements: (a) Minimum front building line: There shall be a front building line having a minimum depth of at least twenty-five (25) feet. (b) Minimum side building line: There shall be two (2) side building lines one on each side of the building having a combined width of not less than twenty (20) percent of the lot width, provided that in no case shall one (1) side building line be less than ten (10) feet. (c) Minimum rear building line: No residential building and/or dwelling unit may be constructed nearer than ten (10) feet to the rear property line and no residential building and/or dwelling unit may be constructed within any easement area. For accessory building standards see Section XXIV. (d) Rear yard open space area: A minimum of twenty percent of the total lot area shall be reserved as an open space in the rear portion of every yard. The open space shall extend from one side property line to another side property line, abutting the rear property line, and not protruding beyond the two most extreme corners of the main structure. No part of the residential building and/or dwelling unit may be constructed so as to occupy any portion of the open space rear yard. 23-1 23.3.5 Height restrictions: No building shall exceed thirty-eight (38) feet in height. 23-2 SECTION XXIV SPECIAL DEVELOPMENT CONTROLS The regulations and development controls of the various districts shall be modified by and be subject to the following provisions and limitations, 24.1 LOT REQUIREMENTS (a) Lot Required: Every building hereafter erected shall be located on a platted lot recorded in the County Records and in no case shall there be more than one main building on such lot, except as herein provided, (b) Multiple structures on lot: In any district where more than one (1) structure is permitted, and principal use is other than a single-family dwelling, multiple structures may be erected on a lot of record, provided that building lines and other requirements of these regulations shall be met for each structure. (c) Adequate and proper sanitary facilities must be provided and approved by the City Enforcing Officer for all uses in all zoning districts. 24.2 MINIMUM DWELLING UNIT SIZE Every dwelling unit hereafter erected, reconstructed or altered in R-1, R-2, or R-3 residential districts shall have a minimum floor area as follows: R-1 and R-1-S 2,000 square feet, R-2 1,800 square feet, and R-3 1,600 square feet and AG 1 ,400 square feet exclusive of breezeways, basements, open and closed porches, common corridors, parking areas, garages and accessory buildings. 24.2.1 CERTAIN RESIDENTIAL BUILDINGS REQUIRED TO HAVE PERCENTAGE OF BRICK OR MASONRY A. All multifamily, quadruplex, duplex, and single family residential dwellings and all permanent structures (as defined in Section 24.7) on a residential lot shall have exterior walls consisting of at least seventy-five percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. For the purposes of this requirement the exterior wall shall be defined as that exposed portion of the building from the foundation up to the ceiling line of the first floor of the building. B. An exemption to the masonry requirement shall apply to existing residential structures, including all permanent structures, which do not meet the masonry requirement. Any enlargement of an existing residential structure, including all permanent structures, shall provide an amount of masonry which matches the adjacent surfaces of the existing structure. C. Masonry tilt wall residential homes shall be allowed only in Single Family Residential Planned-Development Districts, Planned Development Districts construction of tilt wall residences shall be considered only in areas where at least ten contiguous lots are so zoned. For the purposes of this section, any public street, alley or thoroughfare shall not prevent the lots from being considered contiguous. The appJication for Planned Development, provided by this section, shall include a specific plan for each structure including its position on the lot and the size of each proposed structure, No structure less than 1,400 square feet shall be considered. The application shall be processed as all other zoning or rezoning applications. In processing building pennits and inspections in the above PO zone, the Building Official shall require soil tests showing that soil conditions are suitable for this type of tilt wall construction. The suitability, after soil testing, shall be certified by a Registered Professional Engineer as to 24-1 . each lot. The Building Official shall require concrete tests be made for each house using three cylinders for each 25 yards of concrete. Before the final inspection, a statement from a Registered Professional Engineer shall be submitted to the City stating that the structure has been constructed in accordance with the plans and specifications. The exterior of the home shall have a stucco finish and the roof shall be concrete tile or roof with similar weight. The entire exterior surface of the home shall be sealed with a silicone water proof sealer or synthetic equal to the silicone, and applied per the manufactured recommendations. 24.2.2 CERTAIN COMMERCIAL BUILDINGS REQUIRED TO HAVE PERCENTAGE OF BRICK, MASONRY OR CONCRETE CONSTRUCTION All buildings constructed in the 0-1, LR, C-1, C-2, and OC Districts shall have exterior walls constructed of at least seventy-five percent brick, tile, stone, concrete block, or precast or reinforced concrete materials or materials of equal characteristics. This requirement shall apply to all wall sections on all floors above the finish floor level of the foundation. 24.3 HEIGHT LIMITATIONS (a) General exceptions: The height regulations contained in the District Regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (b) Visibility at intersections: On any corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision in the visibility triangle as defined in the City Code of Ordinances. 24.4 TEMPORARY USES AND BUILDINGS (a) Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site and during the period of any construction project upon application for and receipt from the City Enforcing Officer of a permit. However, no manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location. (b) Carnivals, circuses and special fund raising events sponsored by a public entity, civic or non-profit organization located within the City may be allowed as a temporary use for a period not exceeding three consecutive days. Except for churches and public or semi-public school sponsored events on their property, such events shall be on a site containing not less than two acres in a non-residential zoning district. Except for public or semi-public schools, only one permit for a carnival, circus or special fund raising event shall be issued to the same civic or non-profit organization within a 180 day period. Adequate parking and sanitary facilities shall be made available to the satisfaction of the Building Official. No carnival or special event shall begin operation before 8:00 A.M and operation shall cease before 11 :00 P.M, on all nights except on Saturdays when the event shall cease operation at mid-night. The Building Official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the requested use to the Planning and Zoning Commission. 24-2 24.5 LIVESTOCK Agricultural and livestock uses may be conducted in the AG Agriculture Zoning and the R-1-S Residential zones, provided, however neither livestock nor fowl may occupy any lot of less than one (1) acre in size. All such livestock or fowl kept in these zones shall be subject to all the provisions of Chapter 4 of the Code of Ordinances of the City of North Richland Hills, 24.6 TEMPORARY SALES Temporary outdoor sales, on properties zoned LR, C-1, C-2, OC, 1-1, 1-2 and U, by the existing occupants of existing businesses of such properties, may be permitted by the City Enforcing Officer for a period not to exceed thirty (30) days, upon the application and granting of a temporary use permit. In no event shall such temporary uses be allowed for more than thirty (30) consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the City Enforcing Officer and/or Fire Marshal for the protection of public interest and the welfare of the community. No tent or similar structure shall be erected in any required setbacks or designated easements. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use or property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises. 24.6.1 CHRISTMAS TREES The temporary outdoor sale of Christmas trees may be permitted on those properties zoned LR, C-1, C-2, 1-1, 1-2 and U, for a period of thirty (30) days prior to Christmas Day, The City Enforcing Officer may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the Enforcing Officer; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4th following the Christmas holiday. 24.7 ACCESSORY BUILDINGS 24.7.1 TEMPORARY AND PORTABLE TYPE ACCESSORY BUILDINGS Temporary and portable accessory buildings which are not placed on a permanent foundation nor on a corner lot shall be allowed in any residential district or in the AG Agricultural District when located not less than eighty (80) feet from the front property line nor less than three (3) feet from any other property line and shall comply with the following additional requirements: A. HEIGHT: Maximum of fifteen (15) feet. B. AREA: Maximum of two hundred (200) square feet. C. NUMBER ALLOWED: Two (2) per lot. D. REAR YARD OPEN SPACE REQUIREMENT: Temporary and portable accessory buildings shall have no effect on the Rear Yard Open Space requirement of the District. E. SPECIAL CORNER LOT PROVISION: An accessory building on a corner lot shall not extend across the side setback line adjacent to the side street. F. USE: An accessory building shall not be used for a business or dwelling purpose. 24-3 24.7.2 PERMANENT TYPE ACCESSORY BUilDINGS Accessory buildings placed on a permanent type foundation shall be allowed in any residential district or in the AG Agricultural District and comply with the following requirements: A. HEIGHT: Maximum of fifteen (15) feet. B. AREA: The total area of all permanent type accessory buildings shall not occupy more than thirty (30) percent of the Rear Yard Open Space area. C. NUMBER ALLOWED: Two (2) per lot. D. BUILDING LINE REQUIREMENTS: Permanent type accessory buildings shall comply with the minimum building line setback requirements of the Zoning District, except for the following provisions: (1) Permanent type accessory buildings shall be allowed on interior lots in the R-1, R-1-S, and R-2 Districts with a minimum side yard building line of six (6) feet, provided that the accessory building be situated thirty (30) feet behind the front building line, (2) Permanent type accessory buildings shall be allowed on corner lots in the R-1 R-1-S, or R-2 District and, when situated adjacent to a side street on a corner lot, the accessory building shall comply with the minimum side yard requirements of the Zoning District. Permanent type accessory buildings shall be allowed on corner lots in the R-1, R-1-S, or R-2 District with a minimum side yard building line of six (6) feet, provided that it be situated thirty (30) feet behind the front building line and be situated on a side yard having an adjacent lot. (3) Any structural attachment between the permanent type accessory building and the main structure shall not exceed six (6) feet in width or be enclosed in such a manner as to contain a controlled climate environment. E. REAR YARD OPEN SPACE REQUIREMENT: Permanent type accessory buildings shall have no effect on the Rear Yard Open Space requirement of the District. F. MASONRY REQUIREMENT: All permanent accessory buildings containing two hundred (200) square feet, or more, in area shall comply with the masonry requirements of the District. G. EASEMENTS: No permanent accessory building shall be located within or encroach upon any utility or drainage easement. H, USE: An accessory building shall not be used for a business or dwelling purpose. 24.7.3 ADDITIONAL AGRICULTURAL ACCESSORY BUilDING REQUIREMENTS Accessory buildings located in the AG Agricultural District and the R-1-S Residential District which are used as stables, barns, or for the housing of animals shall be exempt from the height limit and masonry requirement contained in Section 24.7.2. 24.8 MECHANICAL EQUIPMENT Swimming pool equipment, and similar mechanical equipment shall be so placed as to direct motor and fan noise away from the nearest property line, Mechanical equipment on rooftops shall be screened from all adjacent public sites. Placement of solar collectors must have approval of the City Enforcing Officer. 24-4 24.9 YARD ACCESSORIES Fences, walls, poles, posts, customary fixed yard accessories and ornaments, and roof overhangs projecting not more than thirty-six (36) inches, may be permitted in any minimum required yard subject to height limitations and requirements limiting obstruction of visibility. 24.10 WIND CHARGERS - TV SATELLITE DISC RECEIVERS 24.10.1 Wind Charger shall be allowed only of lots of two (2) acres or larger and require a permit from the Building Inspection Office prior to installation, 24.10.2 TV Satellite receiver dishes shall be allowed in any residential district or in the AG Agricultural District and shall comply with the following regulations: A. No TV satellite receiver dish shall have a diameter greater than twelve (12) feet. B. TV Satellite receiver dishes shall only be located in a rear yard and no portion of the receiver dish shall be less than six (6) feet from any side or rear property line. C. No TV satellite receiver dish shall be located within or encroach upon any drainage or utility easement. D. No portion of a ground-base mounted TV satellite receiver dish shall extend beyond fifteen (15) feet above the existing grade. However, a ground-pole mounted TV satellite receiver dish located adjacent to or within three (3) feet of the rear of the main structure shall be allowed provided that it not be visible between ground level and five (5) feet above ground level when viewed from the front of the structure at a point nearest the curb line or edge of the street. Furthermore, a roof mounted TV satellite receiver dish may be located on the rear portion of a roof of a main structure, provided that it not be visible between ground level and five (5) feet above ground level when viewed from the front of the structure at a point nearest the curb line or edge of the street. E. No lettering, logo, or any form of advertising shall appear on the face or back of the receiver dish, except the name of the manufacturer or seller of the reception dish. F. Only one TV satellite receiver dish shall be allowed per lot. G. TV satellite receiver dishes with a diameter of one (1) meter, or less, can be installed in a manner consistent with typical television antennae, 24.10.3 In Zoning Districts 0-1, LR, C-1, C-2, OC, 1-1 or 1-2, where such disc receiver is utilized in conjunction the conduct of an associated permitted business one TV Satellite disc receiver may be installed either on the roof of a building or on an approved pole mounting system. Such disc shall be located behind the front building line of the lot. The disc may not exceed a maximum of (12) twelve feet in diameter and must not exceed (38) feet in total height from the surrounding lot grade. Where the lot abuts a residential district the pole mounted disc installation shall be placed such that the total height of the unit shall not exceed a ratio of (1) one foot distance from the residential property for €acn (1 Y.z) one and one-half feet of height. In roof top installations on permitted high-rise buildings the disc may not exceed (12) feet in height above the main roof structure of the building, 24.10.4 A permit must be secured from the Building Inspection Office for installation of all TV Satellite Disc Receivers. 24-5 24.11 SWIMMING POOLS It is the purpose of these provisions to promote the public safety and enjoyment rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated. 24.11,1 Permits and Approvals: No swimming pool shall be constructed until a building permit has been issued therefor, and shall not be used until a certificate of occupancy has been issued. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department regulations. 24.11,2 Requirements: A swimming pool may be constructed and operated when: (a) The pool is not to be located in front or side yards (except on irregular and/or cul-de-sac lots where City Enforcement Officer may grant permit for side yard use), (b) A wall or fence, not less than six (6) feet in height, with self-latching gates at all entrances completely encloses either the pool area or the surrounding yard area. (c) All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties. (d) No audio system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers. 24.12 SALE OF HOUSEHOLD EFFECT AND PERSONAL BELONGINGS In connection with the residential occupancy of a dwelling, the tenants thereof may offer their personal belongings and household effects for sale to the general public in a garage or other accessory building, provided, however, a permit is granted by city, the interval between such sales shall be at least six (6) months, and no sale period shall extend for more than two (2) consecutive calendar days, (The occasional sale of personal automobile, trailer, boat and like belongings may be allowed without permit.) 24.13 WALLS AND FENCES 24.13.1 Permit required: No fence shall be erected or replaced and no required fence shall be removed without a fence permit obtained from the City Enforcing Officer. 24.13.2 Fence permit application: A person desiring a permit to erect or remove or replace any fence shall make written application to the City Enforcing Officer, which application shall designate the location of the fence on the lot, the height of the fence and the materials of which the fence is to be constructed. 24.13.3 Screening Fence required: A permanent screening fence of masonry and/or stockade type wood not less than six (6) feet in height, or permanent screening designed by an arcmtect or landscape architect shall be erected prior to issuance of a Certificate of Occupancy on all property zoned R-7-MF, 0, LR, C-1, C-2, OC, 1-1, 1-2, or U which abuts on property zoned R-1, R-2, R-3, or R-4-SD, On property zoned 0, LR, C-1, C-2, OC, 1-1 or 1-2 which abuts property zoned R-6-T, R-7-MF, or U, a screening fence shall be erected along the entire length of the common line between such properties or within the property required to erect the screening. However, if the said property requiring the screening is proposed to be developed as a 24-6 high-rise (3 stories or more) structure and the adjacent property is zoned R-7-MF and has an apartment project with buildings of 2 or more stories, then the screening fence requirement between the two uses may be waived by the Enforcing Officer. Such waiver must be requested by the commercial developer and must be accompanied by the submittal of a Site Plan giving the site layout of the proposed buildings including distance between the existing and proposed buildings, the proposed landscaping indicating the specific treatment of the area adjacent to the multi-family use and any other pertinent data related to the site development. 24.13,4 Vehicle Storage Facility Screening In addition to the landscaping requirements of the base zoning district, no Certificate of Occupancy shall be issued for a Vehicle Storage Facility until one of the following screening options has been satisfied. (a) In the C-2 Commercial and OC Outdoor Commercial Districts, a permanent masonry screening fence of not less than six feet in height shall be constructed along the property line adjacent to any public street or right-of-way; or (b) In the C-2 Commercial and OC Outdoor Commercial Districts, a wood type stockade screening fence of not less than six feet in height shall be constructed within a landscaped buffer area which shall be parallel with the property line adjacent to any public street right-of-way. The landscaped buffer area shall contain not less than one half of the required ten (10) percent landscaped area and be irrigated and planted with shrubs, bushes, and/or trees facing the street right-of-way covering at least sixty (60) percent of the fence. (c) In the 1-1 Light Industrial and 1-2 Medium Industrial Districts, a chain link fence of not less than six feet in height shall be constructed along the property line adjacent to any public street right-of-way, 24.13.5 Safety: No wall or fence shall be constructed or maintained in such a manner as would endanger the health or safety of the general public, Fences constructed of barbed wire (except for livestock fences) and walls topped with broken glass or surfaced with like materials shall be prohibited, provided, however, a security fence of not less than six (6) feet in height may be topped by barbed wire in C-2, 1-1 and 1-2 only. No electric fence shall be permitted. 24.13.6 Height restrictions: Walls and fences hereafter constructed on property used for or restricted to residential uses shall be no greater than eight (8) feet in height, subject to the following limitations: (a) The height of a wall or fence shall be the vertical distance between the ground and the top of the fence. In terrain where ground slopes at a grade of ten (10) percent or more, the fence or wall may be built in eight (8) foot horizontal stair step sections: the average height of such section shall comply with the height regulations set forth herein. (b) Non-sight barring fences may be allowed in front yards. Such fences are to be wrought iron and not over four (4) feet in height excluding the posts and the posts must be brick or stone. (c) No wall or fence located on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in the Code of Ordinances. (d) Retaining walls shall be permitted for the purpose of protecting property against sliding earth or accidental injury to human life, The height of a retaining wall shall be determined according to accepted engineering principles and the design shall be 24-7 approved by the enforcing officer, A fence erected on top of a retaining wall shall be subject to the height limitations above, measured from the high side of the wall. (e) When two adjoining corner lots are situated so that their lot fronts face parallel street, and so that the side exterior yard of the other, such side exterior yard on both lots may be enclosed by a wall or fence having a maximum height above grade of six (6) feet to the rear of the side exterior yard on each lot. 24.14 MAJOR RECREATIONAL EaUIPMENT For the purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailer, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use. 24.15 FRONT YARD STORAGE No part of a residential front yard shall be used for parking or storage of any vehicle, object or material; except, however, trailers and motor vehicles which are both currently licensed and operable may park only in paved driveways. 24.16 ENVIRONMENTAL REGULATIONS The following regulations are to control contamination of the air, water, or the environment, and to safe-guard the health, safety and welfare of the people. No machines, process or procedures shall be employed on any property in the City, in which: (a) Emission of radioactivity, electromagnetic disturbances, smoke, dust, noxious, toxic or lethal gases are detectable beyond the perimeter of the property. (b) Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic or have a PH factor above nine (9) or below five (5), (c) Vibration is discernible beyond the property line. (d) Direct glare is discernible beyond the property line. (e) No swimming pool, storm water drain, roof drain, or area drain shall empty into the sanitary sewer, Permits must be obtained from the enforcing officer before discharge into any public right of way or easement. Swimming pools shall not be allowed to become stagnant or to contain any water which due to its condition is unhealthful. (f) All disposal of waste materials shall meet all the requirement of City, State and Federal regulations and laws. 24-8 24.17 LANDSCAPING 24,17,1 All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems, and shall be properly maintained. All required landscaped open areas shall be completely covered with living plant material, except that trees and shrubs three feet in height or greater shall contribute toward the required landscaping area for the site based on areas shown in Table 24-1 to the extent that such areas are not paved or built over. Artificial landscaping materials such as wood chips and gravel may be used under trees, TABLE 24-1 EQUIVALENT LANDSCAPE AREA FOR TREES AND SHRUBS Height of Trees or Shrubs Above Finished Grade (When Planted) Equivalent Landscaped Area (Square Feet) 3' 4' 5' 6' 7' 8' 9' 10' 11' 12' 14' 16' or more 20' 35' 60' 90' 130' 180' 240' 300' 370' 440' 590' 760' . Planlings less than three (3) feet in height above finished grade shall not be counted in computation of aquivalant landscaped area, 24.18 LOT WIDTHS -IRREGULAR AND/OR CUL-DE-SAC The Planning and Zoning Commission may approve lots of irregular shapes which do not fully meet the lot requirements of the zone district. 24.19 MODEL HOMES Model homes are allowed in residential districts with the restriction that the garages be returned to their original state and two covered and two off-street parking spaces are provided before a certificate of occupancy shall be issued. 24.20 RODEO TYPE ACTIVITIES Rodeo type activities are allowed only on lotsltracts containing more than five (5) acres, 24.21 SIDEWALKS Sidewalks shall be required on public streets in all districts, with the exception of AG Agriculture. 24-9 SECTION XXV APPLICATION OF DISTRICT REGULATIONS 25.1 UNIFORMITY The regulations set by this ordinance for each district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. 25.2 No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. This shall be deemed to include only the portion of the building, structure or land which is actually newly occupied, newly used, erected, constructed, reconstructed, moved or structurally altered after the effective date of this ordinance. 25.2.1 lot area deficiency: If a lot legally platted prior to the effective date of this ordinance, was held in separate ownership from any adjacent property at such time, and contains less area than is required under these regulations, such lot may be used for any use lawful within the district notwithstanding such lot area deficiency; provided, however, such lot shall be subject to all other district regulations, This section does not apply to Planned Development areas, 25.2.2 Building lines: In previously platted subdivisions, the building shall not be set back from the property line any further than a majority of principal buildings previously constructed in the subdivision. 25.3 NEWLY ANNEXED TERRITORY 25.4.1 All territory which may hereafter be annexed to the City of North Richland Hills shall automatically be classed as lying and being in district "AG" until such classification shall have been changed by an amendment to the zoning ordinance as provided by law. 25.4.2 No person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or demolish any building or structure or cause the same to be done in any area of the city or in any newly annexed territory to the City without first applying for and obtaining a building permit from the Enforcing Officer as may be required in applicable city ordinances. 25.5 COMPLETION OF BUILDINGS Nothing herein contained shall be deemed to require any change in the plans, construction, or use of a building for which a currently valid building permit has been obtained at the time of passage of this ordinance, so long as the entire building is completed within one (1) year from the effective date of this ordinance. The Zoning Board of Adjustment upon application may grant one (1) extension of the time of completion of not more than six (6) months upon a showing of reasonable progress of construction, Any building permit in effect at the passage if this ordinance shall become void if construction is not begun within one hundred twenty (120) days thereof. 25.6 OCCUPANCY OF DWELLING UNITS 25.6,1 No dwelling unit shall be occupied except by a family, as that term is defined herein, 25.6.2 No use is permitted in any district unless it is specifically allowed by the regulations governing such district. Any use not named in any district is prohibited from the entire city. A use named in any district and not named in any other district is allowed only in the district where it is 25-1 named. Where district regulations specifically allow permitted uses from another district, such shall allow only those uses appearing under the "Permitted Uses" section of such other district, and shall not allow "Planned Development" uses or "Conditional Uses," 25.7 Reserved. 25.8 ALCOHOLIC BEVERAGE SALES The term "retail sales, cafes, restaurants, cafeterias, fast food service, drive-in eating establishment and convenience food store" do not include the right to sell alcoholic beverages, 25-2 SECTION XXVI NONCONFORMING USES 26.1 NONCONFORMING "Nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used, or constructed under current ordinances and zoning. 26.2 LAWFUL USE The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this ordinance may require abatement within a given period of time; provided, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such use constitutes a nuisance. Such nonconforming uses shall be subject to such reasonable regulations as the Zoning Board of Adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations herein contained. 26.3 SINGLE OR MULTIPLE FAMILY ZONES In any of the 'R' single or multiple family residential zones, buildings which were legally used for uses not allowed in such district by this ordinance at the time of its passage or which may be prohibited by future amendments shall be removed or converted and their premises thereafter devoted to uses permitted in the district within five (5) years of the date hereof, or within the period required by the previous ordinance also requiring abatement of such nonconforming use, whichever is less, or if such uses are hereafter made nonconforming amendments to districts or to the regulations thereof, within five (5) years of the date such use becomes nonconforming; provided, however, if the fair market value of the buildings as considered separate from the land, as used for commercial purposes is more than twenty thousand dollars ($20,000.00) above the value of such buildings used for conforming uses, all as existed at the time the use was first required by this or any previous ordinance requiring abatement, then the Zoning Board of Adjustment may grant an extension for amortization purposes not to exceed an additional ten (10) years, 26.4 USES OF LAND IN SINGLE OR MULTIPLE FAMILY ZONES Uses of land not requiring a business building, including outside storage, outside sales, trailer parks and courts and the like located in any "R" single or multiple family zoning district shall cease and desist within two (2) years of the date such use becomes nonconforming. The shorter period provided for nonconforming uses without buildings is based on the lack of any capital investment in improvements as distinguished from land value. If there are improvements of some type worth more than twenty thousand dollars ($20,000) more for the existing nonconforming use than for any conforming use, the Zoning Board of Adjustment may grant an extension of time for amortization purposes not to exceed an additional ten (10) years. 26.5 ACCIDENTAL DAMAGE TO BUILDING If a building occupied by nonconforming uses is destroyed by fire or the elements, it may be reconstructed or rebuilt to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its current replacement value, the Enforcing Officer shall issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the Zoning Board of Adjustment may grant a permit for repair but not for enlargement of the building. 26.6 SUBSTANDARD STRUCTURE The right to own and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the city and the cost of 26-1 placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement costs of such structure. 26.7 DETERMINATION OF REPLACEMENT COST In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself including foundation. 26.8 REPAIRS AND ALTERATIONS Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place. 26.9 CONTINUANCE OF NONCONFORMING USE Except as this ordinance may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased. 26.10 CHANGING A NONCONFORMING USE Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use, A nonconforming use shall not be changed to another nonconforming use. 26.11 ABANDONMENT A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when: (a) It has been replaced with a conforming use. (b) Such a building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period. (c) The intention of the owner to permanently discontinue the use is apparent. 26-2 SECTION XXVII ZONING BOARD OF ADJUSTMENT 27.1 CREATION There is hereby created a Board of Adjustment consisting of five (5) members and two (2) alternates each to be appointed by a majority of the City Council for a term of two (2) years and removable for cause by the appointing authority. It is the declared policy of the City Council that it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings, 27.2 TERMS OF OFFICE The members shall serve for a period of two (2) years and until their successors are duly appointed. Qualified Board members may be appointed to succeed themselves. 27.3 VACANCY Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two (2) years. A vacancy in a term of office shall occur whenever the City Council finds that member has resigned, has not maintained the qualifications required for appointment or has been removed by City Council for cause. 27.4 ORGANIZATION The Board shall elect a chairman from among its members to preside at meetings. Such chairman, or in his absence an acting chairman elected from among the members, may administer oaths and compel the attendance of witnesses, The Board shall designate the time and place of its meetings. The Board may adopt rules to govern its proceedings, provided however, that such rules are not inconsistent with this ordinance, All meetings of the Board shall be open to the public, 27.5 MEETINGS AND QUORUM Four (4) members of the Board shall constitute a quorum for the conduct of business, The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation, Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five (5) years, 27.6 DUTIES AND POWERS The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Article 10.11 (g), Revised Civil Statutes of Texas. Board members are representatives of the City and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of the City of North Richland Hills. The Board's jurisdiction shall extend to and include the hearing and deciding of the following topics of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision. 27,6,1 Interpretation: To render an interpretation of the Zoning regulations or the manner of their application where it is aJleged that there is error in any order, requirement, or determination made by the Enforcing Officer in the administration of such provisions. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like matters. 27.6.2 Variance: To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest. However, the Board shall not have the power to grant variances from the terms of this ordinance dealing with density, minimum 27-1 parking or loading space requirements in R-6-T, R-7-MF, 0-1, LR, C-1, C-2, OC, 1-1, and 1-2 zone districts, or grant a variance for a change in use not allowed in a district. Variances shall not be authorized unless the Board makes an affirmative finding to all the following requirements: (a) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. (b) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. (c) That the relief sought will not injure the permitted use of adjacent conforming property, (d) That the granting of the variance will be in harmony with the spirit and purposes of these regulations. 27.6.3 No variance shall be granted except on the concurring vote of four (4) members of the Board. 27.7 INTERPRETATION REQUEST: VARIANCE APPEAL A request for interpretation of regulations or an appeal for variance from certain Development Controls (Section XXV) may be taken by any person aggrieved or by any officer, department, or Board of the City affected by a decision of the Enforcing Officer, Such appeal shall be taken within fifteen (15) days time after the decision has been rendered, by filing with the Enforcing Officer a notice of appeal specifying the grounds thereof, The Enforcing Officer shall forthwith transmit to the Board all papers constituting the record upon which the action being appealed was taken, 27.8 STAY OF PROCEEDINGS An appeal shall stay all proceedings of the action appealed from unless the City Enforcing Officer after the notice of appeal has been filed certifies to the Board that, by reason of facts stated in the certificate, a stay would, in the opinion of the City Enforcement Officer cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record, 27.9 FORM OF APPEAL OR APPLICATION The appeal or application shall be in such fonn and shall contain such information as the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought to completion, 27.10 NOTICE OF HEARING Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or the person rendering the same for taxes, affected by such application, located within two hundred (200) feet of any property affected thereby, excluding any intervening public street, at least ten (10) days before such hearing is held. Such notice shaU be served by using the last known address as listed 011 the city tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings shall also be given by causing publication of the time and place of such hearing in the official newspaper at least ten (10) days prior thereto, together with a brief description of the subject matter of the hearing. 27-2 27.11 HEARING (a) Upon the hearing, any party may appear in person or by attorney or agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the City Enforcing Officer or to the Board in public meeting, (b) Any appeal or application may be withdrawn upon written notice to the City Enforcing Officer but no appeal shall be withdrawn after posting of hearing notice and prior to Board action thereon without formal consent of the Board, (c) The Board shall make its decision on any application within forty-five (45) days from the time the initial hearing is held or the application will be deemed to have been denied. 27.12 DECISION AND VOTING (a) Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings, The Board may act only in matters as specifically authorized by theses regulations and these regulations shall be construed as limitations on the power of the Board to act. (b) Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced. (c) The concurring vote of four (4) members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the City Enforcing Officer, or to grant any variance that the Board is empowered to grant. (d) A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board. (e) A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal other than in the public hearing. 27.13 APPROVAL OF REQUEST (a) In approving any request, the Board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted, (b) When necessary the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with, (c) Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within sixty (60) days after the Board's decision unless a greater time is requested in the application and is authorized by the Board, Any approval may be granted one emergency extension of sixty (60) days on written request filed with the Board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal. 27-3 27.14 DENIAL OF REQUEST No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: (a) That new plans materially change the nature of the request, or (b) The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions, 27.15 APPEAL OF BOARD ACTION Any person or persons, jointly or separately, or any taxpayer, or any officer, department, or Board of the City, aggrieved by any decision of the Zoning Board of Adjustment may present to the appropriate court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision complained of in the offices of the Board and not thereafter. 27-4 SECTION XXVIII AMENDMENTS 28.1 GENERAL The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification or repeal shall be deemed to amend, supplement, change, modify or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan. 28.2 AMENDMENT INITIATION An amendment to this ordinance may be initiated by: (a) City Council on its own motion; (b) Planning and Zoning Commission; (c) Request by owner or agent of owner of property to be changed. 28.3 PROCEDURE All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the City Enforcing Officer, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda. The City Council may not enact any proposed amendment until Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made, 28.4 PUBLIC HEARING AND NOTICE The City Planning and Zoning Commission make its report to the City Council after holding at least one public hearing on each proposed change in the zoning district boundaries. The Planning and Zoning Commission shall follow the laws of the State of Texas in the giving of notice in connection with any proposed public hearing. 28.5 COMMISSION REPORT The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendation on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The Commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct hearing thereon. If the Commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal. 28.6 FORWARDING FINAL REPORT Every proposal receiving a final approval by the Commission shall be forwarded to the City Council for setting and holding a public hearing upon an Ordinance dealing with the report. No change recommended by the Commission shall become effective until approved by Ordinance passed by the City Council. Unless appealed to the City Council by applicant, denial of the Planning and Zoning Commission shall be final (10) ten days from the date of the action by the Planning and Zoning Commission, 28-1 28.7 WITHDRAWAL Any proposal or application may be withdrawn by the proponent after the Commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the City Council will not consider it. 28.8 SIGN POSTING The City Enforcing Officer shall have at least one sign erected on the property to be rezoned which sign shall have a total area of at least four (4) square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Councilor when the applicant withdraws the request, whichever comes first. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zone change or the holding of any public hearing. 28.9 COUNCIL HEARING AND NOTICE The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the City Council. Notice of Council hearing shall be given by publication one time in the official paper of the City, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication, No such amendment, supplement or change shall be considered unless and until the Commission makes its final report thereon. 28.10 DENIAL OF REQUEST OF REZONING No application for rezoning shall be considered within six (6) months of denial of a request for the same classification on the same property. 28.11 PROTEST AGAINST CHANGE In case of a protest against such change signed by the owners of twenty (20) percent or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, such amendment shall not become effective except by the favorable vote of three-fourths (3,4) of all the members of the City Council present and qualified to vote. 28.12 COUNCIL ACTION ON APPLICATION The proponent of any zone change shall satisfy the City Council that either the general welfare of all the City affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning, If such is proved to the City Council's satisfaction, it may grant the requested zone change; or it may change the zone's designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character, 28-2 SECTION XXIX ADMINISTRATION, ENFORCEMENT AND FEES 29.1 ADMINISTRATION The Enforcing Officer as designated by the City Manager shall administer the ordinance, 29.2 RESERVED 29.2,1 Every application for a building permit for construction, moving, alteration of change in a type of occupancy shall be accompanied by a written statement and plans, or plats, drawn to scale, showing the following in sufficient detail to enable the City Enforcing Officer to ascertain whether the proposed work or use is in compliance with the provisions of this ordinance, the Building Code and other City ordinances: (a) The actual shape, location and dimension of the lot or building plot with sufficient information to locate the plat on the ground. (b) The shape, size and location of all buildings, or other structures, to be erected, altered or moved and of any other buildings, or other structures, already on the plot. (c) The existing and intended use of the plot and all structures upon it. (d) Curb cuts, sidewalks, free standing signs, paved parking areas, landscaping, fire lanes, marked parking stalls, vehicle circulation provisions, (e) Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance and other ordinances are being observed. 29.2.3 If the proposed construction, moving alteration, or use of the land as set forth in the application is in conformity with the provisions of this ordinance the City Enforcing Officer may issue a building permit, 29.2.4 Issuance of a building permit does not waive any provision of this ordinance or any other City ordinance, and a permit issued in error shall be void ab initio. 29.2.5 The City Enforcing Officer is not empowered to grant any exception to the actual meaning of any clause, order or regulation contained in the ordinance. 29.2.6 The City Enforcing Officer is not empowered to make changes in this ordinance or vary the terms of this ordinance in carrying out his duties as Enforcing Officer. 29.2.7 If any application for such a building permit is not approved, the City Enforcing Officer shall state in writing one or more of the causes for such disapproval. 29.3. BUILDING PERMITS 29.3.1 No person shall erect or construct or proceed with the erection or construction of any building or structure nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure nor begin excavation for any construction nor cause any of the foregoing in any zoning district without first applying for and obtaining a building permit from the City Enforcing Officer. 29-1 29,3.2 Plans submitted with an application for a building permit shall be reviewed and shall be reviewed and shall be subject to approval by the City Enforcing Officer. 29,3.3 No vacant land shall be occupied and no building or structure hereafter erected or structurally altered, and no change in occupancy of a building, part of a building or land shall be made until after the City Enforcing Officer shall have issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state the occupancy authorized is in compliance with the Zoning Ordinance, Occupancy other than that authorized in the certificate of occupancy shall be unlawful. 29.4. RENEWAL, CHANGE, EXTENSION OF NONCONFORMING USE No nonconforming use shall be renewed, changed or extended without a building permit or certificate of occupancy authorizing such renewal, change or extension. 29.4.1 Application for a Certificate of Occupancy shall be made in writing either coincident with an application for a building permit, or may be applied for directly, and such certificate shall be issued or refused within five (5) days after the City Enforcing Officer has been notified that the building or premises is ready for occupancy. 29.4.2 No permanent water, sewer, electrical, gas, telephone or other PUBLIC utility connection shall be made to any land, building, structure, or portion thereof until and after a certificate of occupancy has been issued by the City Enforcing Officer. 29.4.3 Upon request of the owner or authorized representative, the City Enforcing Officer may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building provided such temporary occupancy or use will not in any way or manner jeopardize life or property, Such permit may be issued for a period not exceeding six (6) months. 29.5 VIOLA TIONS 29.5.1 If the City Enforcing Officer shall find that any of the provisions of this ordinance being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith. 29.5.2 Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the City Enforcing Officer or his deputy. Either notice shall be effective, 29.5.3 In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of public health, safety, morals and general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the City Enforcing Officer shall govern, 29.6 ENFORCEMENT AND PENALTIES Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed one thousand dollars ($1,000) for each offense. Each day such violation continues to exist shall constitute a separate offense. 29-2 29.7 FEES Every application for a zone change or variance shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of processing the application. Such application fee shall be based upon average current cost to the City of North Richland Hills and shall be established and amended by resolution of the City Council. 29.8 REPEAL OF CONFLICTING PROVISIONS All orders, ordinances, or parts of ordinances in conflict with this ordinance or inconsistent with the provisions of this ordinance, are hereby repealed only to the extent necessary to give this ordinance full force and effect. 29.9 SEVERABILITY CLAUSE Should any word, clause, phrase, sentence, section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid, and the remainder hereof shall remain in full force and effect. 29-3 SECTION XXX SIGNS 30.1 PURPOSE The sign regulations as herein established have been made for the purpose of promoting health, safety, morals and general welfare of the City of North Richland Hills. The Ordinance contains standards regulating the use, size, location, construction and maintenance of signs. The intent of the regulations is to protect value within the City of North Richland Hills, to enhance the beauty of the City and to protect the general public from damage and injury which may be caused by the unregulated construction of signs. 30.2 DEFINITIONS 30.2,1 AREA OF SIGN "Area of Sign" shall mean the total area within the extreme perimeter of the attraction area intended to draw attention to the sign. Supporting structures shall not be included in calculations. The area of the sign with two (2) faces, approximately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the planes of the opposing faces exceeds thirty (30) degrees the total area of both faces shall be considered the sign area, For multi-sided or circular signs, the calculation shall include all of the projected area. 30.2.2 BANNER SIGN "Banner Sign" shall mean any sign painted on a strip of cloth, canvas, or light fabric with or without frames intended to be displayed for a short period of time only. 30.2.3 BUILDING LINE "Building Line" shall be the setback lines as established by the Zoning Ordinance of the City of North Richland Hills. 30.2.4 DEVELOPMENT "Development" I for the purposes of this section, shall mean any nonresidential property improvement or properties improved as a unit with a common parking area that is contiguous to the development. A shopping center under single or multiple ownership constitutes a development. A pad site within a shopping center under separate ownership constitutes a development. Any single lot, single structure on nonresidential property constitutes a development. 30.2.5 FLAG "Flag" shall mean United States, Texas, Company and Award type flags flown from flag poles, 30.2.6 GROUND SIGN "Ground Sign" shall mean a sign not wholly supported on a building or which has its main supporting structure depending on the ground for attachment. 30-1 30.2.7 LIMITED ACCESS FREEWAY "Limited Access Freeway" shall be deemed to mean a highway to which the right of access to or from abutting lands is controlled and restricted by the State Department of Highways and Public Transportation or the City of North Richland Hills, further, a "Limited Access Freeway" shall be bordered on each side by access roads (or right-of-way for access roads). "Limited Access Freeways" within the City of North Richland Hills are Interstate Loop 820 and State Highway 121 (Airport Freeway) only. 30.2.8 MAJOR DEVELOPMENT A "Major Development" shall mean a coordinated commercial development containing fifty thousand (50,000) square feet of building(s) area. 30.2.9 MARQUEE SIGN "Marquee Sign" shall include any hood or awning or permanent construction projecting from the wall of a building or other structure containing either permanent or changeable advertising. 30.2.10 MONUMENT SIGN "Monument Sign" shall mean a ground sign constructed out of brick, stone or cast concrete supported on concrete foundation. 30.2.11 PROJECTING SIGN "Projecting Sign" shall mean a sign suspended from a building or structure and projecting out therefrom more than one (1) foot. 30.2.12 PYLON SIGN "Pylon Sign" shall mean a ground sign erected for the purposes of identifying the tenants in a major development as defined by this Section, 30.2.13 QUALIFIED STREET FRONTAGE "Qualified Street Frontage" shall mean the width of property along the street of a commercial or industrial development which bears the address of the property. 30.2.14 ROOF SIGN "Roof Sign" shall mean any sign supported by the roof of building or placed above the apparent flat roof or eaves of a building as viewed from any elevation, 30.2.15 SIGHT TRIANGLE "Sight Triangle", for the purposes of this section, shall be an area of unobstructed visibility on either corner of a street and/or driveway of at least twenty-five (25) feet in any direction. 30.2.16 SIGN "Sign" shall mean a display board, screen, structure, object or part thereof, used to announce, declare, demonstrate, display or otherwise advertise and attract the attention of the public to 30-2 any business, service or product provided on the premises upon which sign is place, other than: (a) Official notices authorized by a court, public body or public officer, and, (b) Directional, warning or information signs authorized by federal, state or municipal authority . 30.2,17 TEMPORARY SIGN "Temporary Sign" shall mean a sign, balloon, or other advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or light material with or without frames intended to be displayed for a short period of time only, Trailer and portable signs are classified "temporary signs". 30.2.18 TRAFFIC CONTROL SIGN "Traffic Control Sign" shall be any sign used only to control and direct traffic on private property, e.g., "ENTER" or "EXIT". 30.2.19 WALL SIGN "Wall Sign" shall mean any sign painted on, attached to or projecting from the wall surface of a building (including permanent window signs and signs on awnings and/or marquees), A wall sign shall not project above the apparent flat roof or eaves line as viewed from all elevations, or more than one (1) foot from the surface of the wall. 30,2.20 WALL SURFACE "Wall Surface" of a building shall mean the general outer surface not including cornices, bay windows, or other ornamental trim, of any main exterior wall of the building. 30.2,21 ZONING DISTRICT "Zoning District" shall be the Districts as designated in this Ordinance. 30.3 SIGN PERMIT AND FEES 30.3.1 SIGN PERMIT REQUIRED (a) No person shall erect, alter, add to a sign or sign structure, except as provided in this Section and unless a permit for the same has been issued by the Building Permit Department. Where signs are illuminated by electric lighting requiring permanent wiring connections, separate electrical permit shall be obtained as required by the Electrical Code of the City, (b) Temporary signs may be permitted to businesses possessing a current Certificate of Occupancy, 30,3.2 OFFICIAL, QUASI-OFFICIAL AND DIRECTIONAL SIGNS (a) Nothing herein contained shall prevent the erection, construction and maintenance of official, traffic, fire and police signs, signals, devices and markings of the State, City or other appropriate governmental authorities, nor the posting of notices required by law. Private and quasi-public signs shall be prohibited upon public property unless authorized by the City or other appropriate governmental authority, 30-3 (b) Legal notices, telephone and other underground utility warning signs not exceeding one (1) square foot in size and other safety signs may be erected without a permit being issued. (c) Non-advertising, directional or informational signs less than six (6) square feet in area may used without a permit in zoning districts R-7-MF, 0-1, LR, C-1, C-2, OC, 1-1, 1-2 and PO as designated in this Ordinance. 30.3.3 APPLICATION FOR SIGN PERMIT Applications for sign permits shall be to the Building Inspection Office for each development on which the sign or signs are to be erected and shall contain or have attached thereto the following information: (a) Name, address and telephone number of the applicant. (b) Location of building, structure or lot to which or upon which the sign or advertising structure is to be attached or erected, (c) Position of the sign or advertising structure in relation to nearby buildings or structures, (d) Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the buildings or in the ground. (e) Copy of stress sheets and calculations showing the structures are designed for dead load and wind pressure in any direction in the amount required by the Codes and Ordinances of the City. The Building Code of the City, which is the current edition of the Uniform Building Code, shall apply for design of any sign structure. All structural calculations and design drawings are to be by a professional engineer registered by the State of Texas. (f) Name of person, firm, corporation or association erecting structure or painting of sign, (g) Any electrical permit required and issued for such sign. (h) Detailed plans of all existing signs, including photos and/or other pertinent data which will aid in the determination to the site's conformance with this Ordinance. (i) Such other information as the Building Official shall require to show full compliance with this and all other Codes and Ordinances of the City. U) In addition to the filing fee, a sign permit fee shall be collected in accordance with the schedule contained in Section 30.3.8, 30,3.4 NONCONFORMING SIGNS (a) The lawful use of any sign at the time this Ordinance was adopted may be continued for a period of five (5) years, after which any sign not in compliance with this Ordinance shall be considered non-conforming. (b) Except as this Ordinance may otherwise require, any nonconforming sign use may be continued in operation on the same land and/or on the same structure which was in use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such sign area advertising and/or structure shall not be changed, 30-4 (c) No new permit may be issued for a sign which does not conform to the provisions of this section. 30,3,5 APPROVAL OF TRAFFIC ENGINEER If, in the opinion of the Building Official, the plans and specifications indicate that the sign or sign structure might interfere with, mislead, or confuse traffic, and if a ground sign is to be placed on a corner lot and in the opinion of the Building Official, could create a potential hazard to traffic, the applicant shall be required to submit a certification from a qualified Traffic Engineer that the sign location and structure will not constitute a hazard. 30,3,6 ISSUANCE OF PERMITS If it shall appear that the proposed sign structure is in compliance with all the requirements of this Section and all other Codes and Ordinances of the City and has received approval where necessary, the Building Department shall then issue the sign permit. If the work authorized under the permit is not prosecuted and has not been completed within one hundred eighty (180) days or a proper extension granted thereto after the date of issuance the said permit shall become null and void. Issuance of a sign permit shall be conditioned upon the applicant's acceptance of any conditions imposed thereon by the City. 30,3.7 UNSAFE AND UNLAWFUL SIGNS (a) Signs and sign structures including those existing prior to this Section shall be maintained at all times in a state of good repair, safe and secure with all braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, able to withstand at all time the wind pressure for which they were originally designed. (b) No person maintaining any sign, sign structure or billboard shall fail to keep the ground space within eight (8') feet of the base of the sign, signboard, or advertising structure free and clear of weeds, rubbish and other flammable waste materials. 30.3.8 FILING AND PERMIT FEES (a) Permanent Signs: Sign permit fees for permanent signs shall be based on square footage of the sign in accordance with the following: Square Footaqe 1 to 50 51 to 100 101 to 200 201 to 300 301 and above Fee $50.00 $100.00 $200.00 $300,00 $300.00 (b) Temporary Signs: A single filing/permit fee of $25,00 shall be charged for each application for temporary signs. Permits for trailer and other types of portable signs shall be in form of a sticker label which shall be applied by owner to sign, Label shall show date of Permit issue and expiration. 30-5 30.4 AREA OF SIGNS PERMITTED 30.4.1 SIGNS: COMMERCIAL AND INDUSTRIAL (a) For signing purposes, frontage on private streets that serve as a public thoroughfare and not just as driveway may be considered as qualified street frontage. (b) Anyone (1) development may have one sign which may be a choice of, a ground sign, Monument sign, roof sign or projecting sign, subject to the requirements of Sections 30.4,2 through 30.4.8. (c) Major Developments, containing fifty thousand (50,000) square feet or greater in building(s), may have one Pylon Sign located on one street frontage, The total amount of signage allowed on a Pylon Sign shall be calculated at (0,005) square feet of signage for each square foot of floor area up to maximum of one thousand (1,000) square feet of sign area, Signage for such major development may reach a maximum height of seventy-five (75) feet if the sign is located on a Controlled Access Freeway frontage. For all other frontages of such development the sign may reach a maximum of fifty (50) foot in height and shall meet the general provisions of this Section. (d) In Developments with substantial street frontages; i.e" three hundred fifty (350) linear feet or greater, on two or more streets, additional ground signs may be permitted for each street providing that all signs requested must meet the provisions of Section 30,4.2. 30.4.2 GROUND SIGNS Ground signs are subject to the following provisions: (a) One (1) ground or pole sign may be permitted for each three hundred (300) linear feet or portion thereof of qualified street frontage with each development in all zoning districts except AG and all "R" Districts. (b) The total area of sign permitted for a ground sign shall be calculated as one (1) square foot of sign for each linear foot of street frontage, up to a maximum of three hundred (300) square feet for anyone sign. (c) The maximum height of any ground sign and supporting structure shall be twenty-five (25) feet, except that the height of a ground sign may be increased by adding one (1) foot of height for each linear foot the sign is set back from the adjacent property lines, not to exceed an absolute maximum of fifty (50) feet to the top of the sign; except as noted in Section 30.4,1. (d) The height of any ground sign may not exceed one-half (1/2) of the shortest linear distance from the location of the sign to the nearest boundary of any AG or "R" Zoning District. (e) The sign shall not project over the property line of the development, right-of-way or over any area within ten (1 0) feet of the curb of a public street. (f) A minimum qualified frontage of fifty (50) feet shall be required to erect a ground sign, (g) Permanent attachment to the ground shall be required for all ground signs, to meet or exceed the requirements of Section 30.3,3 paragraph (e). 30-6 30.4.3 MONUMENT SIGNS Monument signs are subject to the following provisions: (a) One (1) monument sign may be permitted with each development in all zoning district with exceptions as specified in 30.4.3(b), (b) No more than two (2) matching monument signs shall be allowed at the main entrances of "R" district subdivisions. Monuments signs are not permitted in "AG" districts. (c) Monument signs in all zoning districts with exception of lOR" districts shall not exceed six (6) feet in height and shall not exceed one hundred fifty (150) square feet in sign area. (d) Monument signs in lOR" districts shall not exceed four (4) feet in height and shall not exceed fifty (50) square feet in sign area. 30.4.4 BANNER SIGNS Banner Signs are subject to the following provisions: (a) One (1) Banner Sign may be permitted with each development without a sign permit in all zoning districts except AG and the R-1, R-2, R-3, R-6-T, and R-8 Districts. Developments with a parking lot containing more than 65,000 feet may erect color coded banners for the purpose of aiding patrons in locating their parked vehicles such banners shall be located on poles uniformly throughout the parking lot with a ratio of not to exceed one banner for each 65,000 square feet of parking area and such banners shall be entitled to have a logo or symbols identifying the establishment. The total size of each such color coded banner shall not exceed 36 square feet and the banner shall not be less than 3 feet in width nor more than 12 feet in length or greater than 20% of the surface height of the pole to which it is to be attached. (b) The total permitted area for banner signs shall not exceed a maximum of fifty (50) square feet. (c) Banner Signs may be attached to a wall surface or fascia and shall not project above the apparent roof or eaves line. (d) Banner Signs shall be attached in such a manner to withstand wind loads. (e) The total size of each such color coded banner shall not exceed 36 square feet and the banner shall not be less than 20% of the surface height of the pole to which it is to be attached. 30.4.5 FREEWAY SIGNS On properties fronting on the Limited Access Freeways as defined in Section 30.2 the following additional provisions shall apply to Ground Signs erected. (a) The maximum height allowed for a Ground Sign located within two hundred (200) feet of a limited access Freeway shall be fifty (50) feet as measured from the location of the sign or thirty-five (35) feet above the height of the adjacent main travel line of the Freeway, whichever is greater. 30-7 (b) The maximum size of the Ground Sign which is located within two hundred (200) feet of the Freeway shall be two (2) square feet of sign area for each linear foot of Freeway frontage up to a maximum of four hundred (400) square feet. 30.4.6 GROUND SIGNS FOR AUTO DEALERSHIPS Ground Signs erected for the purpose of advertising Automobile Dealerships are subject to the following provisions: (a) One (1) ground or pole sign may be permitted for each distinct Dealership for each one hundred fifty (150) linear feet or portion thereof of qualified street frontage with each development, (b) The total area of sign permitted for a ground sign shall be calculated as one (1) square foot of sign for each linear foot of street frontage, up to a maximum of three hundred (300) square feet for anyone sign. (c) A minimum qualified frontage of fifty (50) feet shall be required to erect a ground sign. 30.4.7 ROOF SIGNS Roof Signs are permitted under the following provisions: (a) One (1) roof sign may be permitted with each development on all zoning districts except AG and the IIR" Districts. (b) Roof signs shall not project horizontally over the edge of the roof or eaves. (c) The maximum permitted area of roof signage shall be one (1) square foot of sign area for each linear foot of qualified frontage not to exceed a maximum of two hundred (200) square feet. (d) The height of a roof sign shall not exceed ten (10) feet above the apparent flat roof or eaves line. (e) Roof sign supports should be architecturally attractive or screened from view. 30.4.8 PROJECTING SIGNS Projecting Signs permitted are subject to the following provisions: (a) One (1) projecting sign may be permitted with each development in all zoning districts except for AG and the IIR" districts. (b) Projecting signs shall not project over the property line of the development, right-of-way, or over any area within ten (10) feet of the curb of a public street. (c) A projecting sign shall not extend more than four (4) feet from any wall facing. (d) The total permitted area of a projecting sign shall be measured as one (1) square foot of sign area for each linear foot of qualified frontage not to exceed a maximum of one hundred (100) square feet. 30-8 30.4.9 THEATER MARQUEES (a) The maximum permitted area of a Theater Marquee shall be one (1) square foot of sign area for each linear foot of qualified frontage not to exceed three hundred (300) square feet of sign area. 30.4.10 WALL SIGNS COMMERCIAL ZONES (a) Wall Signs shall be permitted in Commercial or Industrial Zoning district developments provided the total area of all wall signs on anyone (1) wall of a building shall not exceed twenty-five (25%) percent of the total wall area. (b) Application of the area requirements shall include any valance or permanent window signs, (c) A wall sign shall not project above the apparent flat roof or eaves line. (d) In Service Station/Convenience Store uses when a canopy is provided over the pump area, wall signs located on the fascia area of the canopy, or suspended on the supports of the canopy, may be permitted provided that the total area of all signs does not exceed twenty-five (25%) percent of the total fascia area of the canopy. 30.4.11 SIGNS: RESIDENTIAUAGRICUL TURAL ZONES All signs are prohibited in AG and all "R" Districts except as follows: (a) Multi-family developments in R-7-MF and R-6-T Zoning Districts shall be allowed wall or ground signs for identification purposes only for each street frontage, The total area of such signs shall not exceed fifty (50) square feet. (b) Ground signs allowed in these Districts shall not exceed a height of four (4) feet above grade. (c) Ground signs installed in these Districts shall not be located in the required sight triangle of a street or driveway inspection. (d) In HR" District developments providing solid masonry screening along street frontages, approved wall signs may be installed in such screening walls. (e) Wall signs may be used with any residential use in AG and all lOR" Zoning Districts with the exception of R-7-MF, with a maximum area of two (2) square feet per sign. No more than two (2) signs per occupancy. No permit is required for these signs. (f) In AG zoning districts, legitimate agricultural businesses or enterprises shall be permitted ground, roof, projecting or wall signs in accordance with the restrictions of Sections 30.4.2; 30.4.3; 30.4.6; 30.4.7; and 30.4.9 with exception that such signs shall not exceed a total of one hundred (100) square feet and ground signs shall not exceed fifteen {15) feet in height. 30.4.12 TRAFFIC CONTROL SIGNS (a) The maximum area of anyone traffic control sign shall be two (2) square feet. 30-9 - (b) Traffic control signs are not permitted in AG and "R" Districts, with the exception of the R-7-MF District. (c) Traffic control signs shall not include any advertising or attention attracting lighting, symbols, logos or shapes. (d) Traffic control signs may pertain to either vehicular or pedestrian traffic. 30.4.13 FLAGS Flags permitted are subject to the following provisions: (a) United States and Texas Rags shall be permitted in all zoning districts, (b) Company and Award type flags shall be permitted in all zoning districts except AG, R-1, R-2, R-3 and R-6- T. (c) Company and Award type flags shall not exceed one hundred (100) square foot in area and if flown in conjunction with United States and Texas Flags shall not exceed area of United States and Texas flags. (d) Flags permitted in R-7-MF zoning districts shall not be flown at a height exceeding twenty (20) feet. (e) Flags permitted in Ag, R-1, R-2, R-3 and R-6-T shall not be flown at height exceeding fifteen (15) feet. (f) Flags as described in 30.4.13 shall be permitted without sigh permit or fee. 30.5 GENERAL PROVISIONS 30.5,1 INTERFERENCE WITH BUILDING REGULATIONS No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or windows or obstruct any required ventilator or door stairway. 30,5.2 ENCROACHMENT PERMIT (a) No sign permit shall be issued for any sign which encroaches upon or over any City-owned or controlled property unless an encroachment permit therefor is obtained from the City Councilor State Agency responsible for such property, 30.5.3 PROJECTION OVER PRIVATE PROPERTY (a) No sign may project more than six (6) inches from the face of a building over private property used or intended to be used by the general public, unless there is a minimum of eight (8) feet clearance provided from the bottom of the sign to sidewalk or grade immediately below the sign, or a minimum of fourteen (14) f.eet clearanc-e from the bottom of the sign to a vehicular trafficway immediately below the sign. 30.5.4 MEMORIAL SIGNS AND HISTORICAL TABLETS (a) Nothing herein contained shall prevent the City Council from granting special permits on such terms as it may deem proper, for signs denoting properties or buildings which may 30-1 0 have historical or memorial significance to the community. Nor shall the City Council be restricted from authorizing signs as they may deem appropriate to advertise patriotic, special events or special projects of general public interest taking place within the boundaries of the City. 30.5.5 VEHICLE ADVERTISING (a) The intent of this Section is to create equal and just vehicle advertising. Vehicles may display signage in accordance with Texas Motor Safety Laws with the following additional guidelines. (b) Signs must be permanently attached to vehicles by either being painted, bohed, screwed or magnetically fixed. (c) Cloth or other light materials secured with rubber, rope, string, tape, or other similar adhesives shall not be permitted. (d) No sign or advertising shall be erected or attached to any vehicle except for those signs which are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle. (e) No roof mounted signs shall project more than twelve (12) inches above the roof of the vehicle. (f) All vehicles which have signs or advertising shall be in working order and shall be in compliance with all applicable vehicle safety laws when signs are in place, All such vehicles shall have current registration and inspection stickers and shall be regularly used for transportation purposes. 30,5.6 LIGHTING (a) Signs may be illuminated or non-illuminated, Illumination may be either by internal, internal indirect lighting as defined below. Lighting shall be so installed as to avoid any glare or reflection into adjacent property, or onto a street or alley to create a traffic hazard. (b) When not necessary to satisfy security purposes, it is suggested that lighting be turned off as soon after business hours as is reasonable, especially where signs are in close proximity to residential areas. (c) "Internal lighting" shall mean a source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of the illumination is not visible. (d) "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a free-standing letter) which makes the sign visible at night by means of lighting the background upon which the free-standing character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of the illumination shall not be visible. (e) "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, which lights the sign, but which itself is not visible to persons viewing the sign from any normal position of view, 30-11 30,5.7 ROTATING, MOVING, FLASHING, CHANGING OR BLINKING, BILLBOARD SIGNS (a) Rotating, search lights, flashing, blinking, or billboard signs shall not be permitted. 30.5.8 MESSAGE SIGNS (a) Message signs containing changeable messages, i.e., Time and Temperature, etc, may be permitted on an individual basis by submittal of a request to the Building Official. 30.6 TEMPORARY SIGN 30.6.1 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION: (a) No person may erect a temporary sign as defined in Section 30.2.10 without a permit from the Building Inspection Department. (b) No temporary or portable sign shall be erected or placed to advertise a business, industry or pursuit except on the premises on which the referenced business, industry or pursuit is conducted. (c) All temporary type fragile displays or signage that might separate from itself of become separated from either line under the guidelines of the 1988 Uniform Building code, Section 23-4, Figure 4, Page 137 shall not be allowed. These restrictions are to protect the general public from flying debris generated by dismembered displays. (d) No temporary or portable sign shall be attached to any utility pole, light pole, or traffic control sign or pole. (e) The complete sign package must be removed at termination of the permit. Removal of letters from the sign board does not abate a non-permitted sign. (f) No temporary sign shall be displayed for more than thirty (30) days per permit received, (g) A maximum of three (3) temporary sign permits per year shall be issued to anyone business, industry, or pursuit. However, consecutive permitting is not allowed. There shall be a forty-five (45) day period between permitting. (h) Temporary signs shall not exceed fifty (50) square feet in area, (i) No temporary or portable sign shall be erected or placed within fifteen (15) feet of the curb or street except for those which may be mounted on the wall of a building which is closer than fifteen (15) feet to the curb or street. (j) No temporary or portable signs may be erected or placed in any location that constitutes a safety or traffic hazard. (k) No temporary or portable sign may be erected or placed in a fire zone, fire lane, handicap parking area or required loading zone, (I) No temporary or portable sign may be placed in any location that blocks view from any permitted permanent signage. (m) Temporary or portable sign shall be place at least one hundred (100) feet apart. 30-1 2 (n) Non-conforming temporary signs or temporary signs without pennits may be impounded by the City forty-eight (48) hours after notice is given to the owner or party responsible for the sign, (0) Each temporary sign may advertise one or more individual businesses. However, for each business advertised a separate permit fee will be charged for the advertisement against its allotted three (3) permits per year as stated in Subsection (g). (p) Trailer and portable signs shall bear in letters of not less than one (1) inch in height the company name of the sign owner and telephone number on each unit. This information must be current. Any sign not containing current information shall be classified as non-confonning signs and may be impounded by the City forty-eight (48) hours after notice is given to the owner or party responsible for the sign. 30.6,2 REAL ESTATE SIGNS Permits shall not be required for the following types of real estate signs: (a) One (1) temporary sign announcing the offering for sale or rental of individually platted residential or commercial property on which it is placed shall be allowed in any District and may be placed in any yard, Such sign shall not exceed five (5) square feet in area. Such sign shall be removed within one (1) week following the close of a sale or lease, (b) On nonresidential commercial property where there is a business building, one (1) temporary unlighted sign offering all or a portion of the same sale or rental shall be allowed flat against any wall of the business building. Such sign shall be no taller than the wall and shall have an area no larger than one hundred (100) square feet. Such sign shall be removed within one (1) week following the close of a sale or lease. (c) On undeveloped property, temporary unlighted signs offering the same for sale or lease shall be allowed. Such signs shall be located at least twenty-five (25) feet behind any curb or ten (10) feet behind any property line, whichever is greater; and shall not exceed fifteen (15) feet in height. The total area of all sign message surfaces of all such signs shall not exceed one (1) square foot per one (1) linear foot of street frontage of the property for sale or one hundred (100) square feet on each street fronting the property; whichever is smaller. Only one (1) sign per street frontage shall be permitted. Each sign shall be removed within one (1) week following the close of the sale or lease. 30.6.3 WEEKEND ADVERTISING The City of North Richland Hills policy for weekend advertising, as expressed in this Ordinance is extended to homebuilders and apartment owners for the purpose of guiding the weekend motoring public to available residential properties in North Richland Hills. The policy is intended as a benefit also to the buying public. These provisions are designed to allow temporary directional signs without resulting in an excess that may prove offensive to others of the public. The policy should also serve as "common sense" guidelines in places where direct application is unclear. (a) Registration: In order for a builder/developer to be eligible to participate in this weekend advertisement he must be registered with the Building Inspection Office, An annual fee of $50.00 must be paid by each builder/developer/owner wishing to advertise under these provisions, Such annual fee must be paid and/or renewed during the month of January each year. 30-13 - (b) Schedule: Signs will be allowed between 12 PM Friday and 12 PM Monday. A holiday falling on Friday or Monday will be considered part of the weekend. (c) Sign Size: Signs shall not exceed twenty-four (24) inches by thirty (30) inches in size, not to exceed three (3) feet above grade. (d) Spacing of Signs: A minimum of thirty (30') feet must be held between all signs, and signs for one advertiser must be at least two hundred (200) feet apart. (e) Sign Location: Individual sign locations shall adhere to the following criteria, (1) No closer than forty (40) feet to a street intersection or median opening, (2) Signs may be placed in City right-of-way, but no closer than three (3) feet from the edge of the sign to the street curb or edge of pavement. Signs should not encroach either the sidewalks or the street. (3) No sign shall be placed in a "visibility triangle" as defined in this section. Generally, if a sign is close to blocking motorist visibility, it should be removed. (4) No signs should be placed further than three (3) miles from the subject property, (f) Sign Construction and Criteria: Signs should be rigid, two (2) dimensional displays that advertise new residential property, "For Sale or Lease", guiding the motorists to a specific location in North Richland Hills, These are the guidelines under which this policy will be administered, relating particularly to the weekend/motoring customer. It is the responsibility of the builder/owner to secure permission of the adjacent property owner for placement of the signs on private property, This policy does not grant unlimited access and use of the City right-of-way. Violations of this policy will be cause for confiscation of the signs, Any signs which are confiscated by the Code Enforcement Officer may be reclaimed by the owner of such sign, but each sign so confiscated will be subject to a redemption fee of $5,00 per sign. If signs remain unreclaimed for a period of thirty (30) days, the City will dispose of such signs as may be appropriate, Excessive general violations may require that the policy be suspended for a period of time. The Building Official shall notify the City Council in the event that the suspension of this policy is put into effect indicating the causes and the period of the suspension, All builders/owners are offered the use of these provision equally. In so doing, the City asks that the builders/owners aid in maintaining a neat and orderly appearance throughout all of North Richland Hills. 30.6,4 SUBDIVISION/NEW DEVELOPMENT SIGNS (a) Subdivision/New Development Signs are to be used for the identification of a new project, such as a subdivision, where real property is being sold for the first time to a user, new buildings, public projects and the like. These signs are not permanent but may be required for a longer period of time than most temporary signs. (b) Each subdivision and/or development shaU be permitted to install one on-site sign located on the property owned by the advertiser in the same zoning district as the project and one off-site sign which may be located in any Commercial, Industrial, of Office District or on unplatted vacant property, (c) A sign permit is required for each subdivision or new development sign erected in accordance with these provisions. 30-14 J - (d) Permits for such signs shall be issued for a period of one (1) year or to completion of the project, whichever occurs first. A second permit allowing an additional of one (1) year may be granted by the Building Official upon payment of a renewal fee equal to the original permit fee and conformance with the following requirements: (1) A substantial portion of the development is not yet completed. (2) If the development has building activity in progress, (3) If the sign is relocated to a portion of the development which is not offensive to the completed portion of the development. (e) These signs shall not exceed fifteen (15) feet in height and shall be no larger than one hundred fifty (150) square feet in size, (f) Such signs shall be located at least twenty-five (25) feet behind the curb of the street and shall not be in violation of any visibility triangle. (g) On larger vacant tracts where more than one project or development may be advertised, no two signs may be closer than two hundred (200) feet apart. 30.6.5 TRADE CONSTRUCTION SIGNS (a) Trade Construction signs may be approved at the discretion of the Building Official to advertise the various construction trades on any construction site, (b) Trade construction signs must be removed prior to the issuance of a Certificate of Occupancy. 30.6.6 POLITICAL SIGNS (a) Temporary, unlighted, political signs (including portable or trailer signs) supporting an announced candidate, a party or an issue shall be allowed in any district without a sign permit. (b) Political signs shall not be located on any utility, light, traffic signal or sign pole, (c) Political signs are permitted for a period or thirty (30) days prior to local or county elections, sixty (60) days prior to a state election and ninety (90) days prior to a national election. All political signs shall be removed no later than seven (7) days after the election or after the termination of candidacy, whichever occurs first. (d) In AG and all "R" zoning districts, political signs shall not have a height of more than three (3) feet above grade. In other districts, the height shall not exceed six (6) feet above grade, (e) In AG and all "R" districts, political signs shall not exceed five (5) square feet. (f) In all zoning districts, political signs shall not be located to cause a safety or traffic hazard. 30,6.7 CIVIC AND RELIGIOUS SIGNS (a) Temporary signs advertising public school, religious events of public schools and religious organizations may be erected or placed on their property after obtaining a 30-15 pennit from the Building Department. Such permit will be at no cost. A maximum of two permits may be issued at anyone time, (b) Temporary signs advertising public school, civic or religious events of public school, civic or religious organizations may be placed on any private property with the pennission of the owner. Such off-site signs are required to be permitted. (c) Signs announcing civic or religious events of wide·spread community interest may be erected on public property or right-of-way with special permission of the City Council. Such signs will be permitted by the Building Department at no cost. Such signs shall be located so as not to present a safety or traffic hazard. 30,6.8 GARAGE SALE SIGNS (a) Temporary, unlighted signs announcing the holding of a sale of household possessions at a place of residence shall be allowed in any zoning district without permit. (b) Garage sale signs shall be located on private property only. Garage sale signs shall not be permitted on any public property or right-of-way, nor on any utility, light, traffic signal or sign pole. (c) Sign size shall not exceed six (6) square feet. (d) Signs shall not be posted more than five (5) days prior to the beginning of the sale and shall be removed within twenty-four (24) hours following the end of the sale. 30.7 DESIGN AND CONSTRUCTION 30,7.1 The construction of all signs shall comply with the structural requirements of the City Building Code and the current edition of the Unifonn Building Code as adopted by the City, Structural design shall be by professional engineer registered by the State of Texas. 30,7.2 The design of sign supports and structure shall be compatible with and in harmony with the surrounding buildings and structures. 30.8 OBNOXIOUS SIGNS EXPLOITING SEX PROHIBITED 30,8.1 VISUAL DEPICTION OF SEXUAL AREAS OF HUMAN FORM PROHIBITED, (a) No sign or signs as defined in this Ordinance, to include any temporary sign, which in whole or in part, depicts the human form in such a manner that the areas of the buttocks, or the genitals, or the pubic area, or any portions of the female breast below the top of the nipple, are depicted as not covered with opaque clothing shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent building or premises, 30.8.2 USE OF THE WORDS CONNOTING EROTIC ENTERTAINMENT PROHIBITED. (a) No sign or signs, as defined in this Ordinance, including any temporary signs, which in whole or part advertise any "topless", "bottomless·, "naked", or words of like import, except that the words "adult entertainment· or "adult shows" will be permissible, shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises. 30-16 30,8.3 DISPLAY OF OFFENSIVE SIGNS A PUBLIC NUISANCE. (a) Any sign which is in violation of Sections 30.8,1 or 30.8.2 is declared a public nuisance. 30,8.4 ABATEMENT (a) Any temporary sign or sign in violation of Section XXX shall be abated within twenty-four (24) hours after notice has been given in writing to abate the sign or signs, Any sign which involves letters placed on a marquee is considered a temporary sign for purposes of this Section. (b) Any sign or signs in violation of Section XXX which can be covered or painted over in such a manner so the sign will comply with this Section and which do not require removal or mechanical or electrical alterations, the whole or part of the sign shall be covered or painted within twenty-four (24) hours after written notice has been given in writing to abate the sign or signs. (c) Signs in violation of Section XXX which require mechanical or electrical alteration of all or part of the sign or require the removal of part or all of the sign in order to comply with this Section shall be altered or removed within seven (7) days after service or written notice to abate the sign or signs. 30.8.5 NOTICE TO ABATE (a) The City Manager or the Building Official or one of their designees are authorized to prepare and deliver notice to abate any sign or signs in violation of Section XXX. (b) Notice is deemed to be served for the purpose of Section XXX if delivered to any person who is an owner or lessee of the premises on which the sign or signs are located or to any officer of any corporation or any partner of a partnership which is operating a business on the premises on which the sign or signs are located which violates Section XXX and which is responsible for the sign or signs in violation of this Section. 30,8.6 VIOLATION A MISDEMEANOR (a) Any person, firm, or corporation which is found to be in violation of the provisions of Section XXX shall be guilty of a misdemeanor, and on conviction may be punished by fine of not less than ($50) dollars, and each day such violation occurs shall be deemed a separate offense. 30.9 ADMINISTRATION The Building Official shall administer Section XXX of this Ordinance, 30.10 ENFORCEMENT 30.10.1 ENFORCEMENT (a) If the Building Official or other person he/she may appoint shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the approved sign permit or provisions of this Section, the permittee or owner thereof shall be given written notice of the violation. 30-17 (b) If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within ten (10) days after such notice, such sign or advertising structure may be removed or altered to comply by the City of North Richland Hills at the expense of the permittee and/or owner of the property upon which it is located. (c) The Building Official shall refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the offending sign was located if any owner or permittee shall refuse to pay the costs so assessed. (d) The Building Official may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed; by giving notice to the owner or permittee at least forty-eight (48) hours in advance. (e) The Building Official or other person he/she may appoint may cause an illegal temporary sign, to be removed within twenty-four (24) hours, 30,10.2 RIGHT OF ENTRY (a) Upon presentation of proper credentials, the Building Official or his duly authorized representative may enter at reasonable times, any buildings, structure or premises in the City to perform any duties imposed upon him by Section XXX. 30.11 ABATEMENT OF NONCONFORMING SIGNS 30.11,1 TIME PERIOD A period of ten (10) days subsequent to the effective date of this Ordinance is hereby established for the abatement of signs legally existing prior to the said date but such signs which have become nonconforming under the terms of the Section or previous Ordinances adopted since the effective date noted. Nothing contained within this provision shall apply to signs illegally erected, Such illegally erected signs are subject to immediate abatement. 30,11.2 WALL SIGNS Nonconforming painted wall signs are subject, in addition to the abatement procedures set forth, to immediate abatement when the business occupying the premises changes to a different business or different owner necessitating repainting of the said sign, 30.11,3 APPEAL Abatement periods established herein are subject to appeal before the Zoning Board of Adjustment. 30-18 GRANDFATHER CLAUSE For a period of two years from the effective date of Ordinance 1080, property with a current valid zoning may be developed (Building Permit) issued under Ordinance Number 179. Where development (Building Permit issued) is undertaken under Ordinance Number 179 development shall conform with all of the requirements of Ordinance Number 179 and all policies consistently applied in the application of Ordinance Number 179. Where development is undertaken under Ordinance Number 1080 for a given tract, then all future development on said tract will be pursued under Ordinance Number 1080. If development (Building Permit issued) is not undertaken within the two year period; then the property shall automatically revert to the regulations of Ordinance Number 1080. From the effective date of Ordinance 1080 all requests for new zoning shall following the regulations of Ordinance 1080, 30-1 9 APPENDIX I LIST OF SPECIFIC USE PERMITS SPECIFIC USE PERMITS SUP NAME & ORDINANCE NUMB CASE LOCATION AUTHORIZED SPECIFIC USE NUMBER 1. PZ 84-52 Doyne S. Byrd C-2 Sale of Used Autos 1156 Lot 3R, Block 23 Clearview Add. Conditions: 1. The business to be open from 8 A.M to 5 P,M. 2, Be landscaped per City Ordinance. 3. No additional lighting, 4. No entry from Grapevine Hwy. 5. No cars over 2 years old, 2. PZ 85-58 0.5. Byrd C-2 Sale of Used Autos 1253 Lot 3R, Block 23 Clearview Add. Conditions: 1. Operating hours 8 A.M, to 8 P.M. 2. Lighting not to shine outside property. 3. No cars older than 2 years old. 3. PZ 85-106 World Class C-1 Sale of Used Autos 1288 Motors, Ltd. Lot 5, Kips Big Conditions: Boy Addition (Not in business - Ordinance Voided) 4. PZ 86-24 D,S. Byrd C-2 Sale of Used Autos 1381 Lot 3R, Block 23 Clearview Add, Conditions: 1. No cars older than 6 years old. 2, Definition of a classic car to be defined by City Attorney. 5. PZ 89-12 Kirley Eddleman C-2 Sale of Used Autos 1619 Portion of Lot 7, Block 4, N, Richland Conditions: Hills Addition 1. Consignment cars only. 2. Back of lot 7 only. 3. Ingress and egress from Blaney. 6. PZ 90-12 Snappy Car Rental Agency C-1 Car Rental Agency 1686 Portion of Lot 1, Block 1, Cochran Add. Conditions: 1. For Suite E and 9 designated parking spaces as shown on Exhibit A. ..-- SPECIFIC USE PERMITS SUP NAME & ORDINANCE NUMB CASE LOCATION AUTHORIZED SPECIFIC USE NUMBER 7. PZ 90-15 E.K. Arledge C-2 Vehicle Leasing, Rental and Used Car Sales 1699 Lot 4, Block 1, N. Richland Sta. Add. Conditions: 1. 75% of used vehicles to be no older than five years. 8. PZ 91-22 1-20 Matlock, Inc. C-1 Vehicle Inspection Station 1778 Lot 1, Block 1, Northland Shopping Center Addition 9. PZ 92-12 Conoco, Inc. C-1 Car Wash Facility 1807 Lot 1-R, Block B, Part of Lot 1 and 2. Block B. Richland Oaks Addn. 10. PZ 92-22 lTC, Inc. RV Storage Lot 1818 Tract 8, Johns Addn. APPENDIX II AUTHORIZED PLANNED DEVELOPMENTS AUTHORIZED PLANNED DEVELOPMENTS PD NAME & ORDINANCE NUMB CASE LOCATION PLANNED DEVELOPMENT DESCRIPTION NUMBER 1. PZ 84-25 Nassar Shafipour Twelve townhomes 1120 Portion of Lot 1, Blk. 4 Red Gate Addition. 2. PZ 85-42 Richland Hills U-PD (Institutional Planned 1144 Church of Christ Development) for a church and South of Loop 820 condominium project West of Rufe Snow 3, PZ 85-86 Century Bldg. R-6-T PD (Townhome Planned 1265 Construction Company Development) for 84 units Part of Blk. 4 Northridge Addition 4. PZ 85-155 Richmond Bay Dev. R-7-MF PD (Multi-family Planned 1348 Part of Tr. 2, A-1520 Development) with minimum of W.A. Trimble Survey 1,000 SF per unit 5. PZ 88-10 Richland Hills U-PD (Institutional Planned Res, 88-29 Church of Chrisl Development) for 80 unit Retirement Clr. congregate housing Meadow Lakes Dr. 6. PZ 88-21 J.B, Johnston 0-1 PD (Office Planned Court Order Lot 1R & 2R. Blk, 6 Development) for an office #342-12017289 Meadow Lakes Addn. building constructed 10 N. Richland Sla. Add. reflect architectu re of the neighborhood - APPENDIX III MINIMUM PARKING AREA AND SPACES TABLE 22.2a PARKING DIMENSIONS FULL SIZE CARS AISLE KIH. AISLE WIDTH LENGTH HOOOLE WIDTH PARKING STALL STALL -----------.--.- PER ---------------- AlfGLE WIDTH DEPl'H ONE-WAY mrWAY STALL ONE-WAY m-WAY -------- ----- (A) (8) (C) (D) (D) (E) (F) (F) -------- ----- PARALLEL 8.0 8.0 12.0 18.0 22.0 28.0 34.0 20 9.0 14.6 12.0 18.0 26.3 41.2 47.2 30 9.0 16.8 12.0 18.0 18.0 45.6 51.6 45 9.0 19.1 12.0 25.0 12.7 50.2 63.2 50 9.0 19.6 18.0 25.0 11.7 57.2 64.2 60 9.0 20.1 18.0 25.0 10.4 58.2 65.2 75 9.0 19.7 25.0 25.0 9.3 64.4 64,4 90 9.0 18.0 25.0 25.0 9.0 61.0 61.0 TABLE 22.2b PARKING DIMENSIONS COMPACT CARS AISLE KIN. AISLE WIDTH LENGTH KOOOLE WIDTH PARKING STALL STALL ---------------- PER ---------------- AlfGLE WIDTH DEPl'H ONE-WAY mrWAY STALL ONE-WAY m-WAY -------- ----- (A) (8) (C) (D) (D) (E) (F) (F) -------- ----- PARALLEL 8.0 8.0 12.0 18.0 18.0 28.0 34.0 20 8.0 12.3 12.0 18.0 23.4 36.6 42.6 30 8.0 13.9 12.0 18.0 16.0 39.8 45.8 45 8.0 15.6 12.0 25.0 11.3 43.2 56.2 50 8.0 15.8 18.0 25.0 10.4 49.6 56.6 60 8.0 16.1 18.0 25.0 9,2 50.2 57.2 75 8.0 15.6 25.0 25.0 8.3 56.2 56.2 90 8.0 14.0 25.0 25.0 8.0 53.0 53.0 c FIGURE ·l '" '. t E ~ F D Note: All dimensions are expressed in feet. MINIMUM PARKING SPACES TABLE 22.3 Use Number of Parking Spaces Required for Each Additional Requirements (1 ) RESIDENTIAL (a) Single Family Dwelling 4 Dwelling Unit (b) Townhouse, row- house, duplex, quadruplex or condominium 2 Living Unit (c) Apartment 2,5 Living Unit (d) Dormitory 1,5 Two (2) occupants per designed occupancy (e) Duplex 2 Living Unit One additional for each bedroom over three (2) INSTITUTIONAL SPECIAL (a) Community Center 1 125 square feet of floor space (b) School - Elementary 1 200 square feet of class room space and Jr. High School (c) High School 1 125 square feet of class room space (d) Place of 1 Three seats Public Assembly (e) College or 125 square feet of floor space University (f) Church Three seats in sanctuary or auditorium (g) Kindergarten, day nursery, day care 1 500 square feet (h) Hospital 1.5 Bed (i) Home for the aged 1.5 Three beds and convalescent home ü> Ubrary 1 400 square feet of public area (k) Mortuary. funeral 1 Three seats in chapel chapel (3) RECREATIONAL, SPECIAL AND ENTERTAINMENT (a) Theater 1 Three seats (b) Bowling alley 2 Lane (c) Coin machine arcades 1 125 square feet other commercial of floor area amusements (indoor) TABLE 22.3 (continued) Number of Parking Spaces Required for Each Additional Requirements Use Commercial amusements (outdoor) 500 square feet of site area exclusive of buildings (d) Lodge, fraternal organization Spas, Health Studios, Fitness Centers, Commercial Gymnasiums 50 square feet of floor area 400 square feet of gross floor space (e) (f) PERSONAL SERVICE AND RETAIL (a) Personal service shop 1 (except Barber and Beauty Shops (b) Beauty Shops and Barber Shops (c) Retail Stores or shops (inside) (d) Outside retail sales (4) 150 square feet of floor area 100 square feet of floor area 250 square feet of floor area 1 ,000 square feet of site area exclusive of buildings 250 square feet of floor area (e) Coin-operated or self-service laundry or dry cleaning FOOD AND BEVERAGE SERVICES (Separate Building Only) (a) Fast Food Service 1 150 square feet of floor area 150 square feet of floor area for employee parking 100 square feet floor area (5) Minimum of eight spaces Minimum of eight spaces Drive-in eating (b) Cafe, restaurant cafeteria, and all other eating or drinking establishments (c) Minimum of 15 spaces BUSINESS SERVICES (a) Bank (b) Savings and Loan or similar inst. (6) 300 square feet of floor area 300 square feet of floor area TABLE 22.3 (continued) Use Number of Parking Spaces Required for Each Additional Requirements (c) Medical or 1 200 square feet of floor area dental clinic (d) Office, business 1 300 square feet of floor area over 10,000 SF (e) Small and pro- 250 square feet of floor area fessional bldg. less than 10,000 SF (7) AUTOMOTIVE AND EQUIPMENT (a) Service Station 1 (b) (c) (d) Auto repair, garage or shop Vehicle or machinery sales Car wash 150 square feet of floor area 500 square feet of floor area 150 square feet of floor area 150 square feet of floor area Minimum of four spaces Minimum of five spaces 1 Plus one per 1,000 SF of site area exclusive of bldgs. and parking (8) STORAGE, WHOLESALE AND MANUFACTURING (a) Brick or lumber 1 3,000 square feet of site area yard or similar (b) Open storage of 1 3,000 square feet of site area sand, gravel, petroleum (c) Warehouse and 1 3,000 square feet of floor area enclosed storage (d) Manufacturing 500 square feet of floor area operations --- TABLE 22.3 (continued) Use Number of Parking Spaces Required for Each Additional Requirements (9) (a) Shopping Centers, 1 250 square feet of floor area Malls and Retail (b) Shopping Centers, 1 250 square feet of floor area Malls and nonresi- dential multi-occupancy uses over 60 acres (10) (a) Any other use 1 250 square feet of floor area (11 ) (a) All other Multi- 250 square feet of floor area use Occupancy