State v. Farhad Nayeb

ACCEPTED 05-15-00279-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 7/14/2015 4:13:15 PM LISA MATZ CLERK NO. 05-15-00279-CR, NO. 05-15-00280-CR, NO. 05-00281-CR, NO. 05-15-00282-CR, NO. 05-15-00283-CR, NO. 05-15-00284-CR, FILED IN NO. 05-15-00285-CR, NO. 05-15-00286-CR, NO. 05-15-00287-CR, 5th COURT OF APPEALS DALLAS, TEXAS NO. 05-15-00288-CR, NO. 05-15-00289-CR, NO. 05-15-00290-CR, 7/14/2015 4:13:15 PM NO. 05-15-00291-CR, NO. 05-15-00292-CR, NO. 05-15-00293-CR, LISA MATZ NO. 05-15-00294-CR, NO. 05-15-00295-CR, NO. 05-15-00296-CR, Clerk NO. 05-15-00297-CR, NO. 05-15-00298-CR, NO. 05-15-00299-CR, NO. 05-15-00300-CR, NO. 05-15-00301-CR, NO. 05-15-00302-CR, NO. 05-15-00303-CR, NO. 05-15-00304-CR, NO. 05-15-00305-CR, NO. 05-15-00306-CR, NO. 05-15-00307-CR, NO. 05-15-00308-CR, NO. 05-15-00309-CR, NO. 05-15-00310-CR, NO. 05-15-00311-CR, NO. 05-15-00312-CR, NO. 05-15-00313-CR, NO. 05-15-00314-CR, NO. 05-15-00315-CR, NO. 05-15-00316-CR, NO. 05-15-00317-CR, NO. 05-15-00318-CR, NO. 05-15-00319-CR, NO. 05-15-00320-CR, NO. 05-15-00321-CR, NO. 05-15-00322-CR, NO. 05-15-00323-CR, NO. 05-15-00324-CR, NO. 05-15-00325-CR, NO. 05-15-00326-CR, NO. 05-15-00327-CR, NO. 05-15-00328-CR, NO. 05-15-00329-CR, NO. 05-15-00330-CR, NO. 05-15-00331-CR IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS STATE OF TEXAS, Appellant vs. FARHADNAYEB, Appellee APPELLEE'S BRIEF Page 1 of 98 THOMAS H. KEEN State Bar No.11163300 tom@keenlawfirm.com THE LAW OFFICES OF THOMAS H. KEEN, PLLC 555 Republic Drive, Suite 325 Plano, Texas 75074 Telephone: (469) 241-1467 Telecopier: (972) 499-2446 ATTORNEY FOR APPELLEE FARHADNAYEB ORAL ARGUMENT REQUESTED II Page 2 of 98  IDENTITY OF PARTIES AND COlJNSEL TRIAL AND APPELLATE IliOi\1AS H. KEEN COUNSEL FOR APPELLEE: State Bar No. 11163300 THE LAW OFFICES OF THOlV1AS H. PLLC 555 Republic Drive, Suite 325 Plano, Texas 75074 Telephone: (469) 241-1467 Telecopier: (972) 499-2446 APPELLATE COUNSEL LARRY R. BOYD FOR THE STATE TEXAS: State Bar No. 02775000 ABERNATHY ROEDER BOYD & HULLETT, P.C. 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Telecopier (214) 544-4040 TRIAL COUNSEL JOHN RICHARD ROLATER, JR. FOR THE STATE TEXAS: State Bar No. 00791565 JACKSON MCMJNN State Bar No. 24080023 SARAH FOX ASSISTANT DISTRICT ATTORNEY 2100 Bloomdale Road, Suite 100 l\1cKinney, Texas 75071 Telephone: (972) 548-4323 Telecopier: (972) 548-3622 APPELLEE: FARHADNAY'EB Page 3 of 98  TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL....................................................................... .lll TABLE OF CONTENTS.............................................................................................................iv INDEX OF AUlliORITIES.......................................................................................................vi STATEMENT REGARDING ORAL ARGUMENT..................................................... .vu1 ISSUES PRESENTED..................................................................................................................ix Response Issue No. 1. This appeal is moot as the ordinance at issue has been substantially amended, and the alleged conduct is now beyond the two year statute of limitations.......................................................................................................... IX Response Issue No. 2. The City of Melissa's zoning ordinance is void for vagueness in this application..........................................................................................ix Response Issue No.3. The doctrine of"acceptance of the benefits" does not apply so as to bar a property owner from challenging the constitutionality of a zoning ordinance............................................................................................................. ix STATEMENT OF FACTS...........................................................................................................2 ARGUMENT.................................................................................................................................... 4 I. STANDARD OF REVIEW..............................................................................................4 II. TillS APPEAL IS MOOT ...............................................................................................4 III. THE FORMER ZONING ORDINANCE IS UNCONSTITUTIONAL AS APPLIED TO THE ALLEGED CHECK CASIDNG AND MONEY TRANSMISSION ACTIVITIES OF DEFENDANT'S PERMITTED BUSINESS............................................................................................................................4 IV. THE TRIAL COURT CORRECTLY INVALIDATED THE ZONING ORDINNCE IN TillS APPLICATION.......................................................................8 IV Page 4 of 98 V. THE DOCTRif\U~ OF "ACCEPTANCE OF THE BENEFIT" DOES NOT APPLY SO AS TO BAR A PROPERTY OWNER FROI\1 CHALLENGING CONSTITUTIONALITY OF A ZOINING ORDINANCE.................... 22 C'ONCL tJS I()N.............................................................................................................................. 23 J">RAYER..........................................................................................................................................24 CERTIFICATE OF CO!v1PL1ANCE...................................................................................... 25 CERTIFICATE OF SERVICE................................................................................... "" ..............26 APPEi\TDIX......................................................................................................................... ,............27 v Page 5 of 98  INDEX OF AUffiORITIES Baird v. City ofMelissa, 170 S. W. 3d 921 (!'ex. App. Dallas 2005, pet. den.) ............ 8 BoardofAdjustmentofSanAntoniov. Wende, 92 S.W.3d424,430(Tex. 2002)...... .11 Brioos v. State. 740 SW2d 803, 806 (!'ex. Crim. App. 1987). ............................................5 City ofKermit v. Spruill, 328 S.W.2d 219,223 (Tex. App.-El Paso, 1959)..............9 City ofMesquite v. Aladdin's Castle, Inc., 559 S. W.2d 92, 94-95 (Tex. App.- Dallas 1977)........................................................................................................................................9 City of Webster v. Signad, 682 S.W.2d 644, 646-48 (Tex. App.-Houston [1st Dist.] 1984)..............................................................................................................................9 & 10 Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985), the City of Cleburne .............................................................................................................................. 18 Coffee City v. Thompson, 535 S.W.2d 758, 763 (Tex. App.-Tyler 1976, writ refd n.r.e. )..............................................................................................................................9 & 10 FM Properties v. City ofAustin, 93 F.3d 167, 174 (5th Cir. 1996)................................17 Grayned v. City ofRockford, 408 U.S. 104, 108 ( 1972).................................................. 12 Howeth Investments, Inc. v. City ofHedgwig Village, 259 S.W.3d 877, 903-07 (Tex. App.-Houston [1st Dist.] 2008)....................................................................................9 Lindig v. City ofJohnson City, No. 03-11-00660-CV (Tex. App.-Austin 2012) (mem. op.)...................................................................................................................9 & 10 Lindquist v. City ofPasadena, 669 F.3d 225 (5th Cir. 2012)......................................... ..19 Mayhew v. City ofSunnyvale, 964 S. W.2d 922, 938 (Tex. 1998)................................. 17 Pantera Energy Co. v. RR Comm 'n of Tex., 150 S. W.3d 466 at 471 (!'ex App- Austin 2 004, no pet.).........................................................................................................................4 Spann v. City ofDallas 235 S. W. 513 (1921) .................................................................7 & 9 VI Page 6 of 98 Stotter v. Univ. of at San Antonio, 508 F.3d 812 (5 1h Cir. 2007)................... ., .... J9 564 (2000L ........................................ l9 U.S. CONSTITUTIQ_N Fifth and Fourteenth Amendments,. .... ........,.......... "'"" ........ .. ,. .. ~ ~ ~ """ .. "'" ........ ~" ............. " "" .... "'" ...... ""' . ~ .. ""'"" ~ .,,... 5,' ;)_ 11 ' 16 & 18 )'EXAS CONSTITUT£0N l\rticle 1, Section" 3.. "' ............................ ,. .................................. .,. ................ ,. ................................. 18 .STATUTES Code. Crhn. Proc. 12.02......................................................... '" ... ., .........................................4 V!l Page 7 of 98  STATElVlENT REGARDING ORAL ARGUMENT Appellee is not of opinion that the issues raised in this appeal are so unique or difficult that this Court could not handily dispose of the appeal without oral argument from counsel. The Appellant is of a different opinim1 and has requested oral argument, stating that this Corut has previously held the ordinance at issue to be constitutionaL Appellant is incorrect with respect to the prior holding of this Court, and Appellee is of the opinion that this appeal is moot, given the amendment of the ordinance, the expiration of the statute oflimitations, and the dismissal of charging documents by the court below, However, if Appellant wishes to be heard, Appellee wishes to be heard in response. VII! Page 8 of 98  ISSUES PRESI£NTF~D Response Issue No. l. Whether this appeal is moot as the ordinance at issue has been substantially amended, the charging documents have been dismissed, and the two year statute of limitations has expired. Response Issue No. 2. Whether the City of 1\tfelissa's zoning ordinance was properly held unconstitutional in this application. Response Issue No. The doctrine of "acceptance of the benefits" does not apply so as to bar a property owner from challenging the constitutionality of a zoning ordinance. !X Page 9 of 98  NO. 05-15-00279-CR, NO. 05-15-00280-CR, NO. 05-00281-CR, NO. 05-15-00282-CR, NO. 05-15-00283-CR, NO. 05-15-00284-CR, NO. 05-15-00285-CR, NO. 05-15-00286-CR, NO. 05-15-00287-CR, NO. 05-15-00288-CR, NO. 05-15-00289-CR, NO. 05-15-00290~CR, NO. 05-15-00291-CR, NO. 05-15-00292-CR, NO. 05-15-00293-CR, NO. 05-15-00294-CR, NO. 05-15-00295-CR, NO. 05-"t 5-00296-CR, NO. 05-15-00297-CR, NO. 05-15-00298-CR, NO. 05-15-00299-CR, NO. 05-15-00300-CR, NO. 05-15-00301-CR, NO. 05-15-00302-CR, NO. 05-15-00303-CR, NO. 05-15-00304-CR, NO. 05-15-00305-CR, NO. 05-15-00306-CR, NO. 05-15-00307-CR, NO. 05-15-00308-CR, NO. 05-15-00309-CR, NO. 05-15-00310-CR, NO. 05-15-00311-CR, NO. 05-15-00312-CR, NO. 05-15-00313-CR, NO. 05-15-00314-CR, NO. 05-15-00315-CR, NO. 05·15-00316-CR, NO. 05-15-00317-CR, NO. 05-15-00318-CR, NO. 05-15-00319-CR, NO. 05-15-00320-CR~ NO. 05-15-00321-CR, NO. 05-15-00322-CR, NO. 05-15-00323-CR, NO. 05-15-00324-CR, NO. 05-15-00325-CR, NO. 05-15-00326-CR, NO. 05-15-00327-CR, NO. 05-15-00328-CR, NO. 05-15-00329-CR, NO. 05-15-00330-CR, NO. 05-15-00331-CR IN THE COURT OF APPEALS Ji"OR THE FIFTH JUDICIAL DlSTRlCT OF TEXAS AT nALLAS STATE OF TEXAS, Appellant vs. FARHAD NAYEB, Appellee APPELLEE'S BRIEF' 1 Page 10 of 98  Statement of Facts The City of l\t1elissa issued some 54 Citations to Farhad Nayeb, a business O'\Vner in the City. citations were based primarily on alleged violations of the City then Zoning Ordinance (''Fonner Ordinance 1 ~) claiming that the business, "Kim's Korner" (a permitted convenience store with gas pumps) was illegally cashing checks and electronica11y transferring money for its customers, violation of the Former Ordinance. Neither activity was specificaHy prohibited or even regulated under the f'ormer Ordinance. (RR VoL 3, p. 45, 12-25). \\lhile not dispositive of the citations complained of in this case, the City of Melissa has nmiV extensively revised zoning ordinance to specifically attempt to regulate these activities. The "'New Ordinance~ is attached hereto as Appendix 1, Tab 1. Defendant filed a Motion to Challenge the Constitutionality of the Former Ordinance in the Court below. That motion was heard by the Trial Court on January 2l, 2014 (RR VoL 2 of 5). While not transcribed, the Court heard argument from counsel, and reserved its ruling until a hearing on February 20, 2014, wherein the State chose to call a witness, Harold Watkins, the Chief Enforcement Officer for the City ofl\1elissa (Rl{ Vol. 3 of 5). The attorney for The State, ~1r. McMinn, expressly stated that the purpose of presenting the witness was to make a detem1ination of whether "the law was too vague as applied to this Defendant, and we [the State) 2 Page 11 of 98 asked for a continuance to bring someone in to see if this Defendant was doing check cashing incidental to his business of he was, you k11ow, doing it as a business and it wasn~t an incidental use of the property". (RR~ VoL 3, P. 6, L 23 ·-- P7, L5). At the end of the February 20, 2014, hearing, the Court ruled in tavor of Defendant and dismissed the citations. On ~1arch 12, 2014, the Court heard the State's Motion to Set Aside the Acquittals fl·om its previous ruling, and asked the Court to reconsider the ruling of unconstitutionality of the Ordinance. The Court set aside the Acquittals to allow the State seek review by Mandamus, which was heard by this Court in Cause No. 05~14-00572-CV and then again via the State's rv1otion for Rehearing in the same cause. Court rejected the State's Writ of Mandamus. On February 13, 2015, the County Court below held another hearing regarding dismissal of cases, and granted dismissal of all but one case, a Failure to Appear, not presented as part of this appeal (RR vol. 5 of 5 ). The State's Appeal of that ruling resulted in this AppeaL 3 Page 12 of 98  ARGUMENT t STANDARD OF REVlEW Appellee agrees with the State that the standard of review for this matter is a question of law to determined de novo. H. THIS APPEAL IS MOOT. The conduct complained of in each of the citations and complaints describes conduct which occurred more than two years ago. The statute of limitations for misdemeanors in Texas, is two years. Tx. Code. Cr. Proc. 12.02. The complaints have all been dismissed (Order Dismissing Complaint - Appellant's Brief, Appendix, Tab 2). For an Appellant to have standing, a controversy must exist between the parties every stage of the legal proceedings, including the appeaL PanteraEner&ry v. RR Comm'nofTex., 150S.JV3d466at471 (TexApp-Austin 2004, no pet.). The Ordinance under which Appellee was accused no longer exists, as it has been heavily amended. (Appendix to Appellee's Brief). There is no live controversy between the parties. Any decision of this Com1 on the validity or invalidity of the Former Ordinance \Vould be advisory only. III. THE F'OR1\1ER ZONIN(; ORDINANCE IS UNCONSTITUTIONAL AS APPLIED TO THE ALLEGED CHECK CASHING AND MONEY TRANSJVUSSION ACTIVITIES 011' DEFENDANT'S PERMITTED BUSINESS. 4 Page 13 of 98  A. As the State admits in its Brief, a statute is unconstitutionally void for vagueness when it specifies no standard of conduct or when it defines no core of prohibited activity. Brioos v. State. 740 SW2d 803, 806 (Tex. Crim. App. 1987). Here, Defendant's conduct of using his property is constitutionally protected conduct both under the Texas Constitution and the 5th and 14th Amendments to The U.S. Constitution, both under the "Due Process" provisions and the "Taking" provisions. "Property in a thing consists not merely of ownership and possession, but in the unrestricted right of use, enjoyment and disposal ... The substantial value of property lies in its use." "Since the right of the citizen to use his property as he chooses so long as he harms nobody, is an inherent and constitutional right, the police power cannot be invoked for the abridgment of a particular use of private property, unless such use reasonably endangers or threatens the public safety, the public comfort or welfare". (Spann v. City ofDallas, 111 Tex. 350 (Tex. 1921) This early pronouncement of the nature of property ownership begins the inquiry in this case. There is no dispute that the former Ordinance does not expressly prohibit check cashing or money transmission services. The State seeks to disguise an attempted unwritten regulation of an existing business as an unlisted use, but in truth, it is not a separate use at all. Check cashing and money transmission were conducted by 4 of the 5 similar businesses in the town. The State's only argument is that those 5 Page 14 of 98 uses (so named and defined only by the enforcement officer) are not expressly permitted. The business in question had offered check cashing as a service since the business was established. (RR Vol. 3, P29 L2-5). The Code Enforcement Officer had actually cashed checks there before and did not consider that check cashing illegal. (RR Vol. 3 Pg.29, L 13-18). The Code Enforcement Officer considered check cashing "incidental" to the business and stated that check cashing is "normal practice for anyone that has a cash register". (RR Vol. 3, Pg.29-30 L 23-LS). In questioning from the Court as to where the Former Ordinance prohibited money transfers or check cashing, the Code Enforcement Officer specifically stated "I don't believe that it depicts that you can't do money transfer or check cashing- there's-as an incidental use across the register, if you will for $20.00 over". (RR Vol. 3, Pg. 36 L17-25) In this case, the Code Enforcement Officer thought the justification for the citations came from a letter from the city management "asking all of the businesses in town to stop doing any wire transfer, money transfer or any check cashing until- due to the Ordinance and the process being changed". (RR Vol. 3, Pg. 37 L 18- P 38 L 3) The testimony of this witness, offered by the State, shows conclusively the ad-hoc, unbridled discretion that is repugnant to constitutional principles requiring standards of conduct and definitions of prohibited activity. This is true whether the 6 Page 15 of 98 Fonner Ordinance is attacked in a "'facial" or "as applied" challenge, but clearly, since the State offered a fact witness,. it considered this challenge ~ applied" to the specific facts of this case. The city management and enforcement officer were attempting to regulate, quantify, and define activity which was not regulated, quantified, nor defined in the Fonner Ordinance. As long ago as Spann 1.7. City tif Dallas 23 5 S. W. 513 ( 1921 ), Texas Courts have held that allowing (or as the case Spann- expressly delegating) undefined, or unbridled discretion to be exercised by a building inspector was violative of constitutional principles. "The very essence American constitutions is that the material rights of no man shall subject to the mere will of another" ibid. Here, the Code Enf(>rcement Officer opined that if it was just a personal cheek for maybe $20.00 over, or no fee was charged, or if it was just done at a cash register, it was not prohibited. (RR VoL 3 P 29, L 2-- P 30 L5}. Those qualifications do not exist the ordinance, because the conduct is not regulated in the ordinance. To further complicate matters, the Fonner Ordinance does not define ''Convenience Store", "Bank or other Finant~iai Institution," "Grocery Store," or ''Bakery", yet an of those uses (like Bank or Other Financial Institution) are permitted in the D{~fendant's C-2 District. are no further regulations regarding those uses. (Appendix to Appellant's Brief Sections 20 and 31, Tab 3 Pgs. 18-29). However, "accessory use" is defined Sec. 31 of the Former Ordinance as: "a subordinate use which is incidental to the main or primary 7 Page 16 of 98 use." (Appendix to Appellant's Brief, Sec. 31.2 (2)). Again, in answer to the Court's question, the Chief Code Enforcement Officer admitted that at Kim's Komer, the primary thing they were doing was not wire transfer and check cashing. (RR Vol. 3 Pg. 43 L 16- Pg. 44 L - 1). The Code Enforcement Official admitted that under the Former Ordinance, check cashing and wire transfers were not prohibited, but that he issued the citations in good faith, under the direction of the City Attorney (RR Vol. 3, Pg. 45 L 12-25). The State argues that the Former Ordinance was expressly or impliedly validated by this Court's ruling in Baird v. City of Melissa, 170 S. W. 3d 921 (Tex. App. Dallas 2005, pet. den.), yet that case is distinguishable factually and legally. The facts of that case were that a nonconforming use had been terminated by the City through an amortization ordinance. The trial court resolved the case on summary judgment. The constitutionality of the Former Ordinance was not considered by this Court. (Id., fn. 2. "Resolving that summary judgment in favor of the City is proper based on the Amortization Ordinance, we need not reach Baird's issue concerning the Comprehensive Zoning Ordinance".) IV. THE TRIAL COURT CORRECTLY INVALIDATED THE ZONING ORDINANCE IN THIS APPLICATION. A statute or ordinance violates due process and is fatally vague when persons regulated by it are exposed to some risk or detriment without fair warning of the nature of proscribed conduct or when the Ordinance invites arbitrary and 8 Page 17 of 98 discriminatory enforcement by its lack of guidance for those charged with its enforcement. Lindig v. City of Johnson City, No. 03-11-00660-CV (Tex. App.- Austin 2012) (mem. op.); City of Webster v. Signad, 682 S.W.2d 644, 646-48 (Tex. App.-Houston [1st Dist.] 1984); Howeth Investments, Inc. v. City of Hedgwig Village, 259 S.W.3d 877, 903-07 (Tex. App.-Houston [1st Dist.] 2008). "When persons of common intelligence are compelled to guess at a law's meaning and applicability, due process is violated and the law is invalid." Signad, 682 S.W.2d at 648; see also Coffee City v. Thompson, 535 S.W.2d 758, 762-63 (Tex. App.-Tyler 1976). "An ordinance must be clear, precise, definite and certain in its terms ... this is especially true where the ordinance is penal in character; it must show what it intends to require or prohibit and punish." City of Kermit v. Spruill, 328 S.W.2d 219,223 (Tex. App.-El Paso, 1959). Implicit in this constitutional safeguard is the idea that laws must have an understandable meaning and must set legal standards that are capable of application. City of Mesquite v. Aladdin's Castle, Inc., 559 S.W.2d 92, 94-95 (Tex. App.-Dallas 1977). "It is established that a law fails to meet the standards of due process if it is so vague and standardless [sic] as to leave a governing body free to decide, without any legally fixed guidelines, what is prohibited in each particular case." /d. "The very essence of [the United States and Texas] constitutions is that the material rights of no man shall be subject to the mere will of another." Spann v. City ofDallas, 235 S.W. 513 (Tex. 1921). 9 Page 18 of 98  In City of Uiebster v. Signad, inc., 682 S.W.2d 644, 647-48 (Tex. App.-- Houston [1st Dist.] 1984), the 1st Court of Appeals held that a city sign ordinance that provided that any outdoor advertising signs could not be rebuilt if there was damage to "any substantial parts~' of the sign was fatally vague because the quoted phrase did not provide operators of outdoor advettising signs \:Vith fair and adequate notice as to what sign repairs w·ere permitted or prohibited. The Signad Court held further that the ordinance provided no definition or guidelines t()r measuring "substantial parts" the sign leading to the conclusion that persons of common intelligence would left to guess at the ordinance's meaning. Similarly, in Lindig v. Johnson City, No. 03-11-00660-CV, (Tex. App.-Austin 2012) (mem. op.), the 3rd Court of Appeals held that Johnson City's "building permit fee ordinance" was unconstitutionally vague because there were no guidelines governing the application of the "substantial work" standard embodied in the ordinance and allowed the "Building OfficiaF' to use his "seemingly boundless discretion'' to interpret and apply the tenn to construction projects. In Cojjee City v. Thompson, 535 S.W.2d 758, 763 (Tex. App.-Tyler 1976, writ refd n.r.e.), the 12th Court of Appeals held a building pennit ordinance invalid because it left the question of issuing or denying building permits to the arbitrary discretion or deten11ination of the city secretary without any rule or standard to follow. 10 Page 19 of 98  Courts use the same rules that are used to construe statutes to construe municipal ordinances. Board of Adjustment ofSan Antonio v. Wende, 92 S.W.3d 424, 430 (Tex. 2002). In construing municipal ordinance courts are charged \\lith the task of discerning the city council's intent. !d. In making this determination, courts look first to the plain meaning of the words of the provisions. ld. Defendant has complied with the Ordinance in that Defendant's primary use of the Property is permitted, regardless of whether the City calls it a grocery store, gas station, bank or other such commercial use as may be pennitted uses in the C-2 District. Just as the sa]e of beverages does not necessarily make a grocery store a beverage store, it logical and reasonable examine what the primary use of the property is for classification. In fact, all of Defendant's accessory uses fall within the definition of ''Accessory Uses" in Section 31 The 51h and 14tr: .Amendments to the United States Constitution guarantee each citizen protection from arbitrary denial of life, liberty, and property without due process of . Further, Article 1, Section 19 of the Texas Constitution guarantees each citizen due course of law. These Federal and State constitutional guarantees require that laws or ordinances give persons of ordinary sensibilities notice of prohibited conduct and provide the enforcement authority with objective standards enforcement. is a basic principle of due process that an enactment void for 11 Page 20 of 98 vagueness if its prohibitions are not dearly defined." Grayned v. (?f.Rockjord, 408 U.S. l 04, 108 ( 1972). In Grayned, the Supreme Court opined: Vague laws of:tend several important values. First, because we assume that man is to steer between lawful and unlawfhl conduct, we insist that laws the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and jmies for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory· application. ld 108-09. The State atternpts to show that all of the uses of.Jiv1r. Nayeb's convenience store are pennitted, main uses authorized by the list of permitted uses in the Zoning District. The State lists: alcoholic beverage sales, bakery, grocery store, meat market, phannacy, restaurant, and service station all as listed uses in the use chart. However, the city administrators carved out activities they chose to call "check cashing" and ''money transmission" as prohibited uses, merely because those labels (which they originated) are not the names of the same activities contained in the use 12 Page 21 of 98 chart. Yet, what the State fails to mention is that "Bank or Financial Institution" is included in that same list of permitted, enumerated uses. There is no definition of "Bank or Financial Institution" in the Former Ordinance. As the Court is aware, banks cash checks and transmit money. If the City wanted to prohibit convenience stores from cashing checks or transmitting money, it could have enacted a regulation so stating, but at the time of the citations at issue in this case, it had not. The "New Ordinance" attached hereto as Appendix 1, and also to Defendant's Motion to Hold Ordinance Unconstitutional in the Court below, contains such regulations and definitions and allows what it now terms "Alternative Financial Transactions" at convenience stores (also now defmed) under certain regulations. The State seems to have no issue with Mr. Nayeb's property having a bakery or pharmacy, even though those uses are not defmed or regulated, but is apparently not even willing to consider whether the permitted category "Bank or other Financial Institution" might permit the limited check cashing or money transmission it alleges were happening at Mr. Nayeb's property. Again, without definition or clear regulation, Mr. Nayeb is subjected to whatever some administrator's opinion might be regarding the legality of offering these services. Section 20 of the Ordinance is fatally vague because it fails to distinguish between the particular accessory uses which are permitted and which are prohibited, or otherwise give any standards by which the code enforcement officer is to 13 Page 22 of 98 determine whether an accessory use is permitted, or even whether the alleged uses constitute permitted uses under "Bank or other Financial Institutions". Furthermore, Section 20 fails to define approximately 105 of the 117 specific commercial uses listed. More specifically, Section 20 fails to define the term "Banks and Other Financial Institutions". By common understanding and plain meaning, if the City insists on dividing up a single use into all of its component parts, check cashing and money transmissions would undoubtedly fall within the purview of "Banks and Other Financial Institutions" which are permitted uses in the C-2 District as there is no specific definition contained in the Ordinance. Merriam-Webster's Online Dictionary defines "bank" as "an establishment for the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds". A person of common intelligence could assume that a business offering "check cashing" and/or "money transmission" services would fall within the above definition of"bank". In addition, it is equally unclear what is meant by the phrase "other fmancial institutions". The Ordinance provides no guidance as to what businesses or establishments would be considered "other financial institutions". Because the language of Section 20 is fatally vague, it bestows unbridled discretion on the City and its officials charged with its enforcement, namely Watkins. Because the Ordinance offers no guidance as to which "Accessory Uses" 14 Page 23 of 98 are permitted, Watkins and other city officials have the sole, subjective, and unfettered discretion to detem1ine which uses are permitted under the Fonner Ordinance. In fact, the Fmmer Ordinance does not provide Watkins with any criteria or guidelines follow when determining which "Accessory Uses" are permitted and therefore allows him unfettered discretion when making the detennination. addition~ because the Fom1er Ordinance fails to specifically define ''Banks and Other Financial Institutions", the City and vVatkins have unbridled discretion to determine what types of businesses full within the scope of the phrase. Still further, because the Former Ordinance fails to define 105 of the listed commercial uses in Section 20, the City and its officials could potentially, at their sole discretion, come up with an infinite number of uses that would violate the Fonner Ordinance. The City and its officials rely on the lack of definiteness in the Fonner Ordinance to determine, on a case by case basis, which uses they want to pennit and which uses they want prohibit based on ovm subjective agendas, and what term may use to describe a use, such as "'check cashing business". In this instance, the City and its off1cials continuously practice selective enforcement of Section 20. For example, the City has allowed gas station ow"Uers within the City to operate convenience stores on their respective properties. However, a ''convenience store" is not a pennitted use enumerated in Section 20 of the Ordinance. Under the City's strict interpretation of the Ordinance operation of 15 Page 24 of 98 a convenience store would be considered operation of an illegal business. However, the City has allowed the operation of convenience stores, probably because "grocery stores" are permitted in the "C-2 General Commercial District" and convenience stores are like grocery stores in that they sell some food products. City and its officials conveniently switch back and forth between these tvvo applications of the Ordinance at their discretion depending upon the agenda of the and the officials charged with enforcing the Ordinance. Section 20 of the Ordinance is unconstitutionally vague because Defendant has no means to identify which accessory uses of the Property are permitted and not pennitted and the Ordinance gives the City and its administrative officials unbridled discretion '.vith regard to interpreting Section 20. Further, Section 20 does not provide the City or its officials with any objective standard :for its application "Accessory Uses'' and conveniently £'1.iJs to define 105 of the 117listed commercial uses further adding the ambiguity of the Ordinance. The 141h Amendment of the United States and Article 1, Section 17 of the Texas Constitution guarantee each citizen that the laws enacted by governmental entities for the public health, safety and welfare of its citizens will be so related, reasonable, and not irrationally or arbitrarily related to legitimate governmental purposes. 16 Page 25 of 98  A court should set aside a zoning determination for a substantive due process violation ifit has no foundation in reason and is a mere arbitrary or irrational exercise of power having no substantial relation to public health, the public morals, the public safety or the public welfare in its proper sense. See Mayhew v. City of Sunnyvale, 964 S.W.2d 922,938 (Tex. 1998). A generally applicable zoning ordinance will not survive a substantive due process challenge if it is not designed to accomplish an objective within the government's police power and if a rational relationship does not exist between the ordinance and its purpose. Jd.; FM Properties v. City ofAustin, 93 F.3d 167, 174 (5th Cir. 1996). An ordinance will violate substantive due process if it is clearly arbitrary and unreasonable. Mayhew, 964 S.W.2d at 939. In Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985), the City of Cleburne, in their zoning ordinance, required a special use permit for a group home for housing the "mentally retarded". However, the city did not require a special use permit for apartment houses, multiple dwellings, boarding and lodging houses, fraternity or sorority houses, dormitories, apartment hotels, hospitals, sanitariums nursing homes, and private clubs or fraternal orders located in the same zoning district. The city's insistence on the permit rested on several factors including, the negative attitude of the majority of property owners located within 200 feet of the facility, as well as, the fears of elderly residents of the neighborhood, fear that because the home was across the street from a junior high, students might harass the 17 Page 26 of 98 occupants, its location to the Hoodplain, and the size of the home and the number of occupants it would house. The Supreme Court, stated that mere negative attitudes, or fear, unsubstantiated by factors which are properly cognizable in a zoning proceeding, were not permissible bases for the disparate treatment. See Cleburne v. Cleburne Living Center, Inc., 473 lJ.S. 432, 448 (1985). The Supreme Court held that the Cleburne ordinance was unconstitutional because it was arbitrary and unreasonable and was not rationally related to a legitimate government interest. ld. There is no rational link between the Ordinance and prohibit "check cashing'' and "money transmissions" by convenience stores in the General Commercia] District". Like Cleburne, the City allows other business including banks, other financial institutions, grocery stores} and other retail stores to conduct "check cashing" and "'money transmission" business in the same district The City has arbitrarily and unreasonably chosen to enforce the Ordinance against Defendant in violation of Defendant's substantive due process rights under the United States and Texas Constitutions. The 141h Amendment to the United States Constitution and l<\rticle 1, Section 3 of the Texas Constitution mandate that all persons similarly situated must be treated equal under the law. "The purpose of the equal protection clause of Fourteenth Amendment is to secure every person within a staters jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terrns of a 18 Page 27 of 98 statute or by its improper execution through duly constituted agents." Village of ~Villowbrook v. Olech, 528 U.S. 562, 564 (2000). The Supreme Court has recognized successfhl equal protection claims brought by a "class of one," \vhere the plaintiff alleges that she has been intentionally treated diflerently from others similarly situated and that there no rational basis for the ditlerence in treatment. ld. To establish such a '"class of one'~ claim for violation equal protection a defendant must show that he or she was treated differently from others similarly situated and there was no rational basis for the disparate treatment ld.; see also Lindquist v. City of Pasadena, 669 F.3d 225 (srn Cir. 2012); Stotter v. Univ. ofTex. at San Antonio, 508 F.3d 812 (5th Cir. 2007). In Olech, the plaintiff sought connect their property to the municipal water supply, however, city conditioned their cormection on granting the city a 33-foot easement as opposed to the 15-foot that all other property owners were required to provide. The Olechs claimed the disparate treatment was motivated by ill wiH resulting from the Olechs' previous filing of an unrelated, successful lawsuit against the city. Agreeing with the 7th Court of Appeals, the Supreme Court held that a plaintiff can allege an equal protection violation by asserting that state action was motivated solely by a ''spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." 19 Page 28 of 98  In the present case, there are 5 convenience stores or similar stores operating within the City of 1'Vielissa. Of the 5 stores, 3 of the stores admitted to providing "'alternative financial services" including "check cashing". However, the Defendant is the only owner that has been cited for violations of the Ordinance. In fact~ Defendant has been cited approximately 54 times for various violations, yet the other store owners, similarly situated, that offer and have offered alternative financial services have not received a single citation from the City. The City has no basis to support its disparate tfeatment of Defendant. The City permits banks and other financial institutions, grocery stores, and other convenience stores to pertonn check cashing within the C-2 District Defendant is simi lariy situated to the banks and other financial institutions, grocery stores, and other convenience stores the C-2 District, however, Defendant has not been allowed to provide check cashing services. The City has no rational basis to support its disparate treatment of Defendant. The City also allows other businesses that are not specifically listed in Section permitted use chart to operate unmolested within the city limits. For example~ "self-storage facility" is not a listed permitted use in Section 20, however, the City aUo\vs Store-All Self Storage to operate a self-storage facility as a pennitted use within the city limits. Furthermore, "insurance agency" not a listed pem1itted use in Section 20, h.owever, the City allows at least three insurance agencies to operate 20 Page 29 of 98 as permitted uses. Still further, "martial arts studio" is not a listed permitted use in Section 20, however, the City allows Perin's TaeKwonDo Center to operate as a permitted use. There are countless other businesses that the City allows to operate that are not specifically listed in Section 20. The Ordinance as written, because of the lack of definiteness, allows the City to arbitrarily "pick and choose" which businesses fall within the scope of the permitted uses in Section 20. However, the City has chosen to treat Defendant's business differently than these countless others without any rational basis that furthers a legitimate government interest. As stated above, the City claims generally that prohibiting "check cashing" and "money transmission" is a valid exercise of the City's police power and prohibiting such businesses will protect the general health and safety of the City's residents. The City does not rely on any statistical data to support its contention. Even if it might be a valid exercise of the police power, this case is about a permitted use under the ordinance, which allegedly happens to offer those services, not a sole, stand-alone use. Based on the foregoing Defendant has been treated differently than others similarly situated and there is no rational basis for the disparate treatment. Kim's Komer is a legitimate, permitted use in the City, and has operated since before the adoption of the Ordinance under which it is now prosecuted. The Ordinance is vague, and in this application confers unfettered discretion on the City to enforce it however the City pleases. 21 Page 30 of 98 V. THE DOCTRINE OF "ACCEPTANCE OF THE BENEFIT" DOES NOT APPLY SO AS TO BAR A PROPERTY OWNER FROM CHALLENGING THE CONSTITUTIONALITY OF A ZOINING ORDINANCE. As indicated earlier, the sanctity of property ownership does not emanate from the State; it is inherent as a fundamental right, attaching before being guaranteed by the constitution. It is subject to reasonable, constitutional regulation. Mr. Nayeb did not "accept benefits" bestowed on him by The City of Melissa. His rights existed the day he bought property. This is probably why none of the cases cited by the State on this issue involve zoning or the uses allowed on property. The State fundamentally mischaracterizes the use and ownership of property as a privilege it grants. The State cites case involving workers comp. claims, a parking permit request (on private property), a prenuptial agreement, reliance on the acceptance of bank drafts, standing to assert a breach of contract, and the termination of oil and gas leases after accepting the benefits (production and profits) from them. The only one of these cases touching upon constitutional issues involved a prenuptial agreement and the application of a widow's rights. All of the cited cases are inapplicable. If any further discussion is necessary, the State has not demonstrated nor identified any benefit the Defendant supposedly got from "applying for a certificate of occupancy or otherwise from the operation of the City's Zoning Ordinance. The 22 Page 31 of 98 State's argument is an equitable one. It must argue that Mr. Nayeb voluntarily, affirmatively sought or accepted a tangible benefit. Attempted compliance with the law is not an acceptance of a benefit similar to a contract or seeking a privilege. That is not how property rights arise. In fact, the City never issued a Certificate of Occupancy, because it didn't think one was necessary. No benefit was granted. Secondly, the "waiver" necessary to effectuate this supposed estoppel must be a right "intelligently, voluntarily, and knowingly" relinquished. No such waiver did, or could have taken place under these facts because the Former Ordinance under which the waiver allegedly occurred did not prohibit the conduct sought, and is challenged as unconstitutionally vague. Based on the language of the Ordinance, there is no way any alleged waiver could have been intelligent, voluntary or knowing. Indeed, if the defense advanced by the State existed, no property owner would ever be able to challenge the constitutionality of a statute or Ordinance governing land use. CONCLUSION The tortured application of the City's Former Zoning Ordinance in an attempt to regulate a legitimate, permitted business from cashing checks or performing money transfers, was an unconstitutional interpretation of the Former Ordinance by 23 Page 32 of 98 city administrators. It is the State that chose to call a fact witness in an attempt to show that check cashing and money transmission were not accessory uses. The State's witness testified that he had cashed checks there and did not consider it a violation. The State's witness testified that he conducted a survey of the other four similar uses in the City, and all but one offered check cashing or money transmission or both. Banks are freely permitted in the same zoning district. The witness gave his opinion of conduct that would be permissible, but nowhere are the factors he recited set forth in the Ordinance. The City has since heavily amended the ordinance to provide more specific definitions and regulations. The Application of Estoppel and Waiver attempted by the State has no application to the facts of this case. There was no benefit granted, and no intentional waiver by the Defendant. The doctrine is in applicable. PRAYER WHEREFORE, PREMISES CONSIDERED Defendant Farhad Nayeb prays that this Court uphold the ruling of County Court at Law No. 2 of Collin County, Texas. In the Alternative, should this Court be inclined to grant Appellant's request, Defendant specifically requests that this Court not order the County Court to reinstate the cases, but to allow that Court the opportunity to consider what action might be appropriate in light of this Court's opinion. 24 Page 33 of 98  Respectfully Submitted, By: Is/ Thomas H. Keen Thomas H. Keen Texas Bar No. 11163300 555 Republic Drive, Suite 325 Plano, TX 75074 Tel. (469)241.1467 Fax. (972)499.2446 Tom@keenlawfmn.com ATTORNEY FOR FARHAD NAYEB CERTIFICATE OF COMPLIANCE I certify that this petition was prepared with Word 2013, in a 14 point font, and that, according to that program's word count function, the sections covered by TRAP 9.4 (i) (1) contain 5,782 words. Is/ Thomas H. Keen Thomas H. Keen 25 Page 34 of 98  CERTIFICATE OF SERVICE I certify that I served a copy of the Appellee's Brief on the following parties or their counsel via electronic mail or by hand delivery on the 14th day of July, 2015. Larry R. Boyd ABERNATHY ROEDER BOYD & HULLETT, P.C. 1700 Redbud Blvd., Suite 300 ~cKinney, Texas75069 Is/ Thomas H. Keen Thomas H. Keen 26 Page 35 of 98 APPENDIX 27 Page 36 of 98 Municode Page I of62 Melissa, Texas, Code of Ordinances» CHAPTER 12 • PLANNING AND ZONING » ARTICLE 12.300 ZONING ORDINANCE ADOPTED» ARTICLE 12.300 ZONING ORDINANCE ADOPTED W CITY OF MEUSSA, TEXAS ORDINANCE NO. 92..08 AN ORDINANCE REPLACING IN ITS ENTIRETY THE EXISTING ZONING ORDINANCE OF THE CITY OF MELISSA. TEXAS; ESTABLISHING NEW ZONING DISTRICTS; ADOPTING A NEW ZONING MAP; REGULATING THE SIZE AND USE OF BUILDINGS AND LOTS THAT MAY BE OCCUPIED; REQUIRING CERTIFICATES OF OCCUPANCY FOR ALL USES; PROVIDING OFF-STREET PARKING AND LOADING REQUIREMENTS; REGULATING ACCESSORY BUILDINGS; REGULATING SIGNS; PROVIDING FOR SPECIFIC USE PERMITS; PROVIDING FOR AMENDMENTS TO THIS ZONING ORDINANCE AND CLASSIFYING NEW AND UNLISTED USES; PROVIDING FOR NONCONFORMING LOTS AND STRUCTURES; PROVIDING FOR A GENERAL PENALTY FOR VIOLATIONS NOTTO EXCEED TWO THOUSAND DOLLARS ($2.000.00) FOR EACH OFFENSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MELISSA. TEXAS: SECTION 1 I!I1.Ii That !his ordinance. together with an subsequent amendments thereto. shall hereby referred to as the "Revised Zoning Ordinance of the City of Melissa. Texas.· SECTION2 PURPOSE Zoning regulations and districts are herein established in accordance with a comprehensive plan for the purpose of promoling the health. safely, morals and general welfare of the City. They are designed to lessen congestion in the streets: to secure safety from fire. panic and other dangers: to provide adequate light and air; to prevent the overcrowding of land. to avoid undue concenlration of population; to facilitate the adequate provision of transportation. water, sewerage, schools, parks end other public requirements. They have been estabfished with reasonable consideration, among other things, for the character of each district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and ancouraging the most appropriate use of land throughout the City. SECTION3 ZONING DISTRICTS ESTABLISHED The City of Melissa, Texas, is hereby divided into zoning districts as listed in this section. bbn•vlation Plan. Once land in this cat~DIY has been zoned into ~nother zoning district, the intent of !his Ordinancj! is that such land shall not be changed bad< to an A£ticulture District cat~DIY by any subsequent !rOQuest for a cha-. F·1 invi.,.Familv llesidmtial District·1: The Stnwte-family Residential-1 district will permit a twenty thousand 120,000) square foot minimum residential lot reatlnt> a rural and estate !\IDe settiM. F-2 :;rrvt.,.Familv llninrlov District: The Historic Overlay district is Intended to protect, enhance and perpetuate the districts and landmarlhere phystcai featyres o! the ground are at variance 'Nilh infom1ation shown on the official zoning dJStrict map, m if there anses a que-st;on .as to how a pan.:-i!! of property is zoned and such question C'.CnflOt be resolved by the application of subsections 5-1 through 5-8, or the zoning of property is invalidated by a f1na! judgment of a court of competent jUr~sdtchon. the property shall :::>e considered as classified "A''. AgMcuHura! Dtstricl., temporarily until otner zcning ts given SECTiON e TEMPORARY ZONING ANN£X£D T£RR!T_QEX 6.1 Ali territory hereafter annexed to the City of Melissa shall be {f~mporatily classified as Agr:r..;Jltural District until permanent zontng is estabhshed by the City Council. The procedure lor establishing permanent zonmg oo anne)(ed le:ritory shall conform to the procedures estabhshed by law for the adoptwn ot ong1na1 zoning regulations 6 2 ln an area le111porari1y classifted as Agricultural District {a} No per"S{)n ;;hall use, erect. construe\ and/or pioceed or continue with the eredion or construction of any building or str.;cture Of cause the same to be done m any newty annelt:ect terrHory to the City of Melissa wHhout tlrsl applying for and obtain!ng a building permit or r:.ertJJca!e of occupancy from the Building Inspector <)I the City Council as may be required {b) No permtt for the construcHon of a buitding or use of land 1>-half be- issued by the Bui!dJng Inspector other than a permit wh1c;h Wlfl allow the construction of a buiidmg p€1mftted in the Agncultural Qistnct. unless and unti! such territory has beer dassifted tn a z.ony law ~QlillE ~PL!ANCE REQijJB(;Jl All land buildings, str.;ctures or iippurte-nances thereon located vrilhin the City of Melissa, Texas. whic:h are hereafter occup1ed. used. erected. altered. remov~d. placed. demolished or converted shaH be occupied, used. erected. altered, removed. placed. demolished or converted in confcrmance with the zo.nmg regulations prescribed for the zomnt; distnct in wrnch such land or building is tocated as hereinafter prmnded. §.f;.<:;TIO_~§ 'A 'jiJiBl£UL TURAL.QLS..!Jjlf;.[ a 1 General Purpose and Description This d1slrict is intended to apply to land situated on the fringe of an urban area ar~d used fr;r agrkulturaf purposes. whicf1 may become developed as an urban area m the future. Generally. the land in an P. .gricuHura; District may be appropriate for de>~elopment. therefore, the agncu!tural activitoes conduct eo: m the Agncultural District should not be detrimental to urban !and uses_ The types of uses and the area and intensity of use permiHed in this distnct are intended 10 encourage and protet.i agricultural uses unttl urbanization is warranted and the appropnate change in d1stnct dass11icatJon is made 8.2 Pemutted Uses. Uses permllted in the Agncu!tural Dtstrict oncluoe !hose listed in Schedule of Uses found in Sec!ton ZO hereof and are subject lo the fol!owlf!g conditfons· (a) All general and special aglicultural. farming, ranching. stables and related accessory buildongs, stoci< and poultry :aismg. d~en topography and as a buffer between areas expected to remain in agriculhtra! use for an extended pm1od of time and areas expected to experience r-esidenttai development. 9.2 Permrtted Uses. Uses penr.itled in the SF-1 Dislric! include lt•os<> hsted in Schedule of Usetlouml in Section 20 her~of and are subjec! !fJ the following conditions: http://library.municode.com/printaspx?h=&clientiD=13543&HTMRequest=http%3a0:'02fl:lo ... 1/6/2014 Page 38 of 98 Municode Page 3 of 62 (a) A private stable usea for the housmg of a horse- or horses owned by the resident shaH be set back from adjacent property lines a minimum distance of one hundred feet (100} An area of one and one-haff (1.5) acre shali be required for each animal. 9.2 Area and Neigh/ Regu!arions and Mimmum Dweilmg Srze The requirements regulatwg the m:nimum lot size. minimum yard sizes. ma.~9I!Q..f"i1~ "MF" MUL Tf-FAMIL Y RESIDENTIAl, Q!STRICT 12.1 General Pu!]'JO.se and Descnption. The Multi--Family Restdential Dm!nct IS establlshed to meet tne needs for med11...tm to- h;gn dens;ty residenfta! development where such areas are suitable for h:gher impact development and higher traffic volume. Attached reside>ntial dwellings are pe:;rnitted in this district but not more than fifteen (15) owelhng umts per arnt shaH be al!owed 12.2 Permitted Uses_ Uses permitted fn the MF O;strict include !hose listed in Schedule of Uses found in Section .20 hereof 12.3 A~a and Height .Regulations and Minimum DweUing Size. The requiremenf5. re-gulating the mimmum lot size_ minimum yard sizes maximum building height. maxtmum percent of iot coverage by buildings and accessory uses. and the m1ntmum dwelling stze shall contorrn wilh the scher!ule found 1n Section 21 as may be applicable 12.4 Reserved. 12.5 Refuse FeCifttes Every dwelling unit shall be IO<'.ated within two hundred fifty (25()) le- inch (6") reinforcerl concrete. The driveway shall provide access from the str~et to the back of li1e front building line All dnvewnys, parking areas. anrl walkways snali b-e constructed in accordance v.ritlE the lates! edition of the Star:dard SpeaficaUons for Pubiic \f.forks ConstrucUon published be North Centraf Texas Council of Governments http ://library .muni code .comlprint.aspx?h= &c lientiD= 13 54 3&HTMRequest::: http'%3a%2f0:() ... 1/(i/2014 Page 39 of 98 Municode Page 4 of 62 (c) Electncal and Telepr1ooe Service. All electrical vmmg and telepilone cabling in the manufactured home park shall oe unaergro•Jnd (d) Water Supply Each lot shall be supplied water by public water supply system and each lot shall separately meh>red. All water lines shall conform to the ci~/s plumbing code and water constnJction standards and the State Board of Insurance and Texas Department of Health m~nimum standards for water systems. (e) Sewer Disposal Each lol shall be connected to a public sewer system constructed in accordance with the city's plumb•ng code and sewer construction standards and the Texas Department of Heallh mimmum standards for sewer systems. Each manufactured home space shail be proVIded wllh a sewer riser pipe a minimum of four inches (4nl m diameter. ¥\'hen the kit 1S unoccup1ed or var.JJ:nt. the sewer riser pipe shaH be capped off by the owner or manage;- of the mantJiactured nome pari<. (f) Dramage. The manufactured hom<· park shall provide for adequate dramage as provided for in the city's subdlvi:-;.ion standards, All dramage faciiities shat! be constn1ded in accordance Mth the ialest edrl:ion of the Standard Speciftca1ions for Public \1-Jofks Construction published be North Centra) Texas Council of Governments. (g) Frre Protection. All ser,.ce buildings (office. !aundf)' faciliiics. shops. etc) shall be provided with af least one ~re extingwsher lh) Gas Supply Gas piprng shall oe installed undergrouno in accordance wrth the city's ptumbin9 code and conslructf wood sfoJwner or manBger of the manufach1rect home park shaH keep an up"to-date register of the park residents. ll'iduct>ng the manufactured home reg!st;ation ·1ata. the make, model, length. width, year of manufacture. and identificatron number ot each rnanu1ac!ured horr;e (2) Tl1e owner tJr manager of ~e manufactured home park shall be respons1bif'! tor the keeping the manufactured horne park m a clean. sate and sanrt2ry c~nd•hon. free of accumulations of debris, trash. ana !ugh weeds and grass. The owner or manager shall also lt.!~_tl'!_O!_~f! reacJ1edE"Q.~'d."'Q ~~~.~SO! E!-'~~__2.e!'!'i s~~~'l .•..• ··~·~·· ....____ conforms io me original concept plan. lhe Planning and Zoning Commiss1on shall review the request and render judgment as to the conformity. {b) Dev·eJopment •=ian or Detaiied Site Plan: This plan shall se-t forth the final plans for de;;elopment of the PD District .ond sh.aiJ conform to the data presented and approved on Jhe conceptual ptan Approval of the cteve10pment plan shall be the basts for issuance of a bwlding permit For any SF-1 SF-.2 and/or SF-3 Oistnct, a f1nal ptal shall qualify as the development plan. The development plan may be submitted fOl the total area of the PO orfor any sect1on or part as approved on the conceptual pian. The development plan must be appsoved by the ''lannrng and Zon•ng Commisswn and City CounciL A puhhc hearing on approval o1 the development pian shaH be required at the Council and Commisswn leveL unless such a hearing is waived pursuant to Sutseciion 18(A)(4){c) below at lhe time of the conceptual plan approval rn !he original amending orctin3nce. The development plan snal! inc{ude· (1) A s1te inventory analysis including a scale drav·ring showing existing vegetatiOn, natural water courses_ creeks or bod!es of water and an analysis of planned changes in such natural features as a resuft of the development. This shoutd indude a delineation of any flood prone areas: {2) A scale drawing showrng any proposed public or pnvate streets <:md alleys: bwldmg sites or lots, and areas reseNe:d as parks, parle evaluated by lhe Citys Bwld1og Official. or his ctesrgnated representatwe (c) Pmcedure for Establishing a PD. All development plans may have supplemental data ctescribrng standards. schedules or o!ner data pertinent to the ,-:leveJopment of the PO Distri.;.!t wh1ch 1s to be included in the text of the amending ord~nance_ The procedure for estaolishing a PO District shall follow the procedure for zonmg amendments as set forth 1n Section 33 of the zonrng ordinance, a& amended. Th1s procedure is expanded as follows tor app•oval of conceplual ana development plans: ! 1} Separate publiC hearings shall be: held by the P!anning and Zoning Commission and City Counot fer Ute approval of the conceptual pian and the oevelopmer:l' plan or any sechcn of the development p!an. unless such requirement is warved by the C1fy Coundl upon a determinahon that a single pubtic heanng is adequate. A single pub-lic hearing lS adequate when. (i) The applicant submits adequate data v<1th the request for the PD D.strrct to fulfill the requirements lor bottt plans: or (iii lnfonnat1on on the concept plan ts suffiaent to determine the appmpnate use of the land and the detailed site plan will not dev1ate substa:that!y from 1t and {Iii) The requirement is wajved at the time the amending oro!nance is approved. If the requirement 1s waived the condith':ms shall be specmcalty stated in the amend1ng ordinance \21 The ordinance establlshmg the PO Distlict shall not be approved until the conceptual: pian is apprO\Ui!d. (i) The development plan may be appr0\1-ed in sechons. Vv'hen the pian is approved m sections, the separale apprcvats of the Planning and Zoning Commission and C1ry Coundt fot the initial and subsequent sections wift tte reqwre-:i iii) An mitial de•eropment ptan shall be submil!ed for appmval wrthm "" !61 mGn!tls from the approval of the conceptual plan. or some portinn of the conceptual plan_ lf the devetopnmflf plan lS not submiHed within s:1x {6:1 months_ the ccnceptuar plan is subject to re~approval by the Pt.anning and Zoning Commission and City Council. (iii) Reg:ard!ess of whether !he public hearing is waived for thB development plan_ approval by th<:~ P1annmg anct Zoning Comrn1ssion and City Council is still required (5) Applicant's RFJquest fe>r Report.!Comments: VJhen a PO District is bemg considered. a wnU-en repor1 may be requested of tfJe applicant discussing the impact on planning_ e-ngineering, water utilities, e~ctric, sanitation. buildmg inspection, tax. potice< fire and traffic. Vl/ntlen comments from the Melissa tndependent School Oistnct and from pnvate utilit1es may be submitted to the Planning and Zoning Commissfon pnor to the Commission making any recommendations to the City Council. (6! References to and Usts of PDs: All PO Districts appro11ed in accordanc-e w1th the provis1ons of 1tm:. Ordinance In lis origins\ form. or by subsequent amendment Ulere-to, shal! be referenced on the Zoning District M.Jp, and a hst of such PD OistiiCts, together W!Ul Uw category of uses permitted th-erein, shall be mamtaioed in the office of lhe Crty Sec.retary (7) Planned Development Oniirrances Continued Prior to adoonon of thrs Ordmance, ilthe City Council has estabhstle. area or seeu:nty UghUng, he~ghts o-f structures, and cori1patibifity of build1ngs. The Planning and Zoning Commission and City Council shaH consider ihe following criteria in determining the validity of the SUP request ( 1) Tile use shall be harmonious and compatible wi!h its surroundrng ex: sting •Jses Of proposed uses; {2) lhe activities requested hy the applicant shall be normally assodated wiH; the requested use. (3) The narure: of the use shaH be reasonable. and (4) Any negative impact on the surrounding area shall be mitigatec. http://! ibrary .municode.com/printaspx?h=&c IientiD= 13 543& HTMRequest=http~o3arJ,o2 f% ... 1/6/2014 Page 42 of 98 rv1unicode Page 7 of62 {b) In granting a SUP. the City Counc11 may impose condi!Jons which shall be complied with by the owner or grantee before a Certificate of Occupancy may be issued by the City's Building Official, or his designated represenlai>V; of }he SUf'. as!f!a<:_heq to -~~-e s:!eJ!!!l']_<1r~r_ng (or _d!.".:!''~9.~.L!!'l'!.'.'~!'E~X.lh.£.E!.~>:>i!2~g£ningyomr_n~.L'?!l~.!!C Qty -~ ____ . Council. (d) A buiidmg:, prenHse. or !and used under a SUP may be- enlarged. mod•fied, structurkll!y altered or otherwlse cnangect provided the changes do nc~t· (') Increase the hei,Jhl of stmctures. lnclud•ng. wi!hout 11milation. antenna support structures (2) Increase buildJn holding a ~lroperty nolifted public neanng. the C1ty Cound! may amend, change or resdnd a SUP if (1} There is a violation and conviction of any o: the provis1ons of this Ordinance- or any orctmance of ihe City that occurs or me property for whicl'l the SUP is granted (2) The building. prem1se_ or land used u:1der a SUP is enlarged, modif;ed, structurally altered m otherwfse sJgniflc<-lnll~, changed w1thoui aporovai of a separate SUP tor such enlargement mnaificatron, structural alterahon or change. (3) Viotation of any provision of the terms or conditions of a SUP. {4} Ad valorem taxes on the property are delinquent b)l more !han six (6} months. f.O) The SUP was ootained by fraud or with deception (3) Specific Use Permit for Temporary 8vildmgs: \a) Temporary bwldings are penmitted by nght for houses of worship pubhc schools 1lu1!d1ng permit is be1ng sought. compared to the enrollment, employment and for number of people artendmg the exJs!ing permanent building(s) at one (1) time: W) Totai enrollment. employ men! and.Jor membership s1za. {iii} Documentation of gro!Nth records de-picting the number of peop}e tn the congregation. S-Chool andJor- cffice· {iv) V-Jhether the !acii:ty Is a start~up or new facility: ;v) lndJcation of alternative options that were explored before a temporary building app!iGiti0'1 was considered. ivH A.cts of nature: and/or !vii) Any other evidence which is reasonably related to the 1mmediate need for additional space (2) A prelirnrnary s1te plan !0 the C1ty's Development Services Department. prov1ding for a permanenl solution to the immediate need for a new temporary building(s) showing the petmanenl building(s), the temporary building(s) and the reqwed par'!lmg, whtch IS sutl1ect to trw review and approval of ltle Planning and Zoning Commiss to 1he City's Development Services Department vthich is S.UbJeCI to nu: r~view and appro11a! of lrH: Planning and lomng Commtssion. fc) Th" temporary building(s) shall be removed w•tllin tnorty (30) days of the date (1) A Certificate of Occupancy is issued for the permanent building; cr {2) The permit for the temporary butlding exptres. whrchever occurs frrst fd' P, request for a single extension. not to exceed tweh;e (12) months. ("S,ng!e Ex1enslon") of the temporal) building pennii may be granted by the Piannmg and Zoning Commission provided the apphcant (1) Has an approved and valid prelirmnary sit" pl3n for !he permanent huilct:ng(s) and an approved and vahu site pian for the temporary bulld1ng;s;: (2) Has a spe-crfic plan of how an addlhonal year would allow the applicant to construct the permar.ent bw~ding(s) by providing (i) E>Jidence of numeric growth. beyond !hat wh the tmns of me S1ng1e EJctecsion: and ('3} Any ot?"ler criteda thnt !he City Counc1J dee:.ms necessary to e-nsure that ar.y further extens:on granted: li) Is no\ contrary \o the public interest and http://library.nmnicode.com/print.aspx?h=&clientiD-=c13543&HTrv1Request"'-httpo/;,}a%2f'lo... Page 43 of 98  Municode Page 8 of62 Oi) Does nol impair the City's ability to carry out the administration of all applicable ordinances, rules and regulations of lhe City, ss they exist. may be amended or in the future arising. (C) •H/0• HISTORIC OVERLAY DISTRICT Purpose of tilt Histone Owrlay District: The purpose of the Historic Overlay District ("H/0 District") is to protect, enhance and perpetuate the districts and (1 l landmarks of historical and cuftural importance to promote the economic, cuftural, educational, and general wellare of the public. VVithin the City. several areas ··------· .••• _ _ _ _ _ _ _and_s~ctureu!lpresent the unique confluence of time and place lhatJ;haped the identity of generation.Lol citizens and pmduce,...,.1111 • .....,........,.....,.__ _ _ _ _ _ __ architectural and cuftural resources that constitute their heritage. Whenever any provision of this Subsection 18(C) conflicts wilh any other ordinance of the City, including, without limitation. the zoning ordinance, the provisions oflhis Subsection 18(C) shall control. The designation of the H/0 District is intended to. among other things: • Protect and enhance the district and landmarks that represent distinctive elements of the City's historic, architectural and cultural heritage; Foster civic pride in lhe accomptishments of the past • Protect and enhance the City's attractiveness to visitors and the support and stimulus thereby provided to the economy; Ensure the harmonious, orderly. and efllcient growth and development of the City; and • Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City. (2) Use Regulations: A building or premise shall be used only lor lhe lollowmg purposes: (a) Any use permitted in the underlying zoning classification district. (b) WOod or simUar siding for use up to one hundred (100) percent of exterior construction, when authorized by an SUP under Subsection 18(8) above. (3) Specific Use Petmit Conditions: In granting SUPs, lhe City Council shall take into consideration the historic character of the H/0 District in authorizing wood or similar siding up to one hundred (100) percent of exterior conslruction instead of masonry construction. the City Council shall make such approval conditioned upon color selection, architectural style and signage which are compatible with surrounding properties and which are charecteristic of the in the late nineteenth (19th) century or first half of the twentieth (20th) century. ( 4) Standards of Construction: WOod or clapboard siding shall consist of or closely resemble painted horizontal clapboard, horizontal shiplap, vertical tongue-in- groove or vertical board and balten siding. Materials other than wood would be required to consist of Masonite, metal or vinyl. Metal and vinyl siding shall have a baked on enamel surface or other factory finish that requires no additional coat(s) of paint at the lime of installation. (5) District Boundaries; The properties within the H/0 District shall be given the "H/0" prefix on the Zoning District Map and shall be subject lo the provisions of this Subsection 18(C). All land and structures within the H/0 District shall be used and develOped in compliance with this SubSection 18(C). (D) •cC/Q" COMMERCIAL CORRIDOR OVERLAY DISTRICT ( 1) Genera/ Provisions: (a) DeSCiiplion: The Commercial Corridor Overlay District ("CC/0 District") is a zon~ng district that regulates land uses and development standards within the U.S. Highway 75 (·us 75') and Collin County Outer Loop iCCOL ")corridors. as more specifically Illustrated by "Exhibit A". allached hereto and incorporated herein for aH purposes. Photos. drawings and other Hluslralions provided lor in this Subsection 18(D) are for illustration. demonstrative and informational purposes only and are intended to provide examples of the types of standards envisioned by these regulabons. Such photos. drawings and other iUustrations are not all-encompassing. Should there be a conflict between a photo, drawing or other iHustration and the provisions of this Subsection 18(D), the provisions of this Subsection 18(D) shall control. IMlenever any provision of this Subsection 18(D) conflicts with any other ordinance of the City. including. without limitation, the zoning ordinance. the proviSions of this Subsection 18(D) shall control. (b) Purpose: The purpose of the CC/0 District is to guide new development and redevelopment along the US 75 and the CCCL corridors by designating a wide array of permitted uses. incorporaling development flexibility for varying mart;·t·-~;~:f>:.~ ... ·----·-----------··-~ii~~~-~--1-l ;rii!.ind"CQ"V.,i : : 3' . ·1 / ~ . .:.:__:""""'·"T~ .::~:·-::-~ -.::·:~::.,. •.,;:;(":~~:·. 1--- 30' -! ·.Ji:~>~'f··.lJ}o1:';, . .£i~H-~~--(\ ~:-.{~t·:,?l> r l' / -I I- .O.W. 1 ~- 1 Match ro<>t.,rinl ' color of Main Bui lc1l ng -- j 1 ',_...;;:• ~ ·fP·· . . ~~~~--a· I ..JJ- ..t~..Ji1".4.,,:7::) :r , .. '\::'~--- -- 1- 13.5I' - (5) Driveways and Sidewalks within Landscape Buffers: The landscape buffers may be crossed by perpendicular or angled entry or exil driveways that comply with all applicable ordinances. rules and regulations of the City. as they exist. may be amended or in the future arising. but may not be utUized for on-site circulation or fire lanes. The landscape buffers may include a sidewalk not tess than six (6) feet or more than eight (8) feet in width. unless lhe walk is approved as a bike path in which case the width shall be ten (10) feet. Any portion of a trail or sidewalk that is intended to be pan of the "Melissa Trail System•. as provided lor in the Comprehensive Plan. as amended, shall be a monimum of ten (10) feet wide and a maximum of twelve (12) feel wide at locations identified by the Melissa Trail System or the City Manager as high tral!ic trail system locations. II a sidewalk is placed within the required landscape buller. the sidewalk shall be incorporated into the landscaping plan by inciuding such features as. among other things. enhanced pavers. bricks. scored concrete or stamped concrete. a meandering path. benches. shade structures or other elements that enhance the pedestrian experience. but without compromising safety or accessibility requirements. ' - 6 • -8' wide Sidewal.k (6) Parldng Lot Trees: All front parlsles or at a dislance of not more than one hundred eighty (1130) foot rntervals. whichever >S less The City-required trail systems may be incorporated mto the internal walkway, bicycle path and/or pedestrian path of a private deve!coment as a project amenity and enhanced access facility that encourages non-vehicle accessibility Pedestrian walkways shaU also l>e provided to connect points of origin, such as, among other things, outlying parl<1ng spaces and bus stops with destinations such as building entrances. 1\lf such walkways shall be constructed of conventional sidewalk matenals, stamped concrete or scored concr,!!ecs~!J~_c;i<:'!'f¥ .'!!ark.veen a principal use bt;!ld:ng and the n,;;h'-o!-way of US 75 or the CCOL (6) Oulsrdf; Storage: Outside storage of any kind, other than OtJIS!de display of autcmebilcs or sirn>ia• vt!h•c!es for sale or lease ipursuani to Subsection 18(D){12)(a) below), temporary storage of shopping carts in cart cctraJs (pursuant to Subsection 18(D}(4)(d}r7) below), IS not allowed betweer; ;;nr principal use building ant! the right~ofMv-tey of US 75. the CCOL or any o!her street riGI1t·of-way. (7} Shopping Catts: Cart corrals shaH be provided by all establishments using shopping carts. Cart corrals shaH be uncovered and shaH not occupy required parking spaces. bu! shall be p1aced tn des1gnated locations wittun the parkmg lot ot adjacent tc the building. and surrounded b) lands.caning with trees. \'\>hen an establishment is closed shopping carts are to be stored either 'llrithin the bulfding or screeneD with a wo!l that IS intagral to tt1e architectural dasign of the building. htto:/ llibrarv .municodc .com/print.aspx?h=&ci ientlD= 13 543&I-IT~ARequest=http%3a%2f:'O ... Page 49 of 98 Municode Page 14 of62 I e) Bwldmg Services. (1) The local•on of aboveground utility facilities shouio be ident:fied early in the design process Utility facilities shaU be located where they do not confitc! with feahJrea views. outdoor d1ning a(eas and/or sfle circulation. Facilities shoutd be accessible for maintenance and service requirements. All new construction lo be buill in tlle CCIO D1stnct shall have underground umities from tlle building to the property line. All new utliitres extended from off-sHe to serve !he development must also be underground. or withm an casement along the rear of the property. 10 reduce !he amount of overhead utili!!es along US_75. the CCOI. or "ny other street right-of-way in the CC/0 O~stricL _ -~----. (2) Loading areas and doduilding and the lanoscaping so that the visual and acoustic impacts oftf1ese functions am contained and out of view from adpcent properties and public streP.ts These functions and areas shall not be on any facade tacrng US 75, tne CCOL or any other street right-of-way rn the CC/0 Oistric! i3) SollO waste collec!lon areas and grovnd mounted mechanical eqwpment shall be screeneo from v"""' from US 75, the CCOL or any other street righl-of-way in the CC/0 Otstricl ~4> Screening matena!s for S-Olid waste collection and loading areas shall be the same as, or of equal quality to, the materials used for the princlpa! buiiding_ Dumpster pads and approach areas shall be constructed and locat~d in accordance with Cdy ordrr:ances, rules and regulations, as the-y ex1st, may be amended or in the ru:rure arismg standards {5i Roof mounted mechanical e-qutprnent including. without limitation, solar panels, shall be screened from vtew in accordance wilt! City ordmances. rules and regulations, as they exisL may be ame-nded or in the future ansir1g. http:/ /iibrary, municode.comlpri ntaspx?b=&c lientrD"" 13 543& HTMReq uest=hl:1p%J3a%2f% ... 1/6/2014 Page 50 of 98 1v1unicode Page 15 of 62 .,..., ~ V"Jm'lftl'M -ttnin\t)lli ~1ifi~ tot_..._ .,. ~ .. PfincipM uut bvl~ ,md the- r~ht of IN¥ (6) Solar pHn~!.s and other solar energy collection/generation eqwpment may be installed in any z:oo1ng: district subject to the folloWing cnleria (i) Only rooftop installation is permined: (iil Solnr panels and other solar energy collect!Onlgenerat'on equipmenl shall not face a public ctrect: (Hii Solar panels and other solar energy coilectionigenerat,on eqwpment shall not be tree stand;ng, {iv} AH solar w1nng shall be perfonned by a duly licensed etectndan m the Slate of Texas, (V! Solar panels and related eqwpmem shall oe destgned to take win-d and weight loading fnto consrderalion, structural support for solar equipment and solar attaching mechamsms shalf te des;gned by a duly licensed engineer tn ttl€ State of ·rexa5. \ v1) St)lar panels shaf1 be located so as to 1101 cause &ny nuisance reflection or glare to other properties and (vii) Solar panels. il not muse, snail be d1sengaged so as to prevent acodental electncal Charges ro property or persons, i7) Wind grmeration may be considered 011ly m commercial, mdusu,af Qr office park settings 'H'ith .a mn;1mum of tv-1enty <20) acres of land and shaH be SUbte..:t tc the follmv1ng cnteria: {I) V\~nd generation equipment s.haU ooty be permttted when instafied according to an approved si!P plan and must !ak.e into cons!derai!on the avo1ctance of any nwsance or negative impact to adjacent properties; (ii) \llllnd generation equipment shall onty t:e approved if destgned !o meet appropriare structural roquirements and wmd toadong requiremenls '..V!th both be1ng certtfied by a duiy licensed structural engmeer m ihe State ofT exas; and (!ii} \\lind generatlon shall be c-erHfied to meet noise standards such ~hat no noise cames across !he property hnes of the prcpertv on wh1ch the equipment 1S located {51 Cemeteries· Cemeteries in the CCIO Oistnct shall be screened/buffered by an approved fence such as a four (4lloot high omamentallype metal fence with masonry columns thtrty (30} feet on~c-enter along a roadway and Hfty {50} feet on-center afong non-roadway bounctanes and a ten (10} foot Wlde landscape buffer of grass. shrubbery end trees designed to blend with and complement the adjacent project landscape. The combina!ion of fence and landscape matenals shall be approve1.:1 on an individual basts by the City Manager_ The purpose of thfs pfOVJSlon is to msure tnat cemetenes are- mati\ed and affordeci reasonable prntectton frmn routine- access thus preservmg the solemn and historic nature of the space: His not the inlent to h!d~ or rr1ake access exceptlonaHy d1fficult. It is beheved t~1at appwpnateiy protected cemelene:s can contnbute to the open space and positive visual aesthelfcs. of the community. (6) Parking ReqiJII"&ments: {a) Required Parkmg- Parking for the use'S aii~WOO by c-:.':10 District shall be pro\rlded m accomance with Sectli;)f< 20 of the zomng ordinance as amenoen. \ovith the fofltr#Jr'.Q exceptions: ii) Retail uses: 11250 g ta : (iiJ Off1ce and financialtnshtul!on uses 1/300 g.1 a., (iii) Restaurants 11100 g La, {iv} Parking spaces shall be 9' ~.: 18'. plus 2' for overhang f2' additional space may be added to landscape areas or addttional paved space as approve-d at the time of site pian apprmal!J or 9 :.: 20' if head~to--hea{}. Compact park:ing spaces \8.5' )"l 16'. plu£- 2' for overhang) or 8 5' :.- 18' !f head~to-head: are allowed up to ten {10) percent of the required sde parking and shali be blended mto !he parkmg area destgn: (v) Surpb.~ parkmg spaces may be provJdecL bu1 may not exceed the rmnimum numoer required by tht~ Subseci10n 18iD){61 by more than twen:y {20) percent For purposes of calculating partmg reqwrements. the 1olfowmg types of parkmg spaces shai! no< count aga1nst the maximum parkmg reQwmmems. but shall count toward th~ minimum recquit~rnents {A) Ac-:;esslble parktng· {8} Bus. vanpool, and carpool parking. {C) Structured part~g at a r:;tio of one (1) space per one hundred (100) automobile parl inch centers both ways. Parkin(! lots, :lriveways and internal arculahon areas shall be maintained free of pothOles. with a smoo!h surface. frM ot rubble and cracks and sealed. Permeable paving meeting the City's ondmances, rules and regulalions, as !hey exist. may be amended or in the future arising. may be installed 1n low traffic volume areas or areas that are not used for fire lanes or loading and unloading. (c) S!noing Required All required parl ttw City's ord;nances, ruies ana ;egulat>ons, as they eXIst, may be amended or ;n the fulure arismg {9) Ughtmg Regulations. Exterior lighting is not reqUired, except ~or purposes of public safety However, if tnsta!!et'f, ail extenor lighting shall meet !he f-otlO\vmg standards: (a) Concealment and Shielding. light sources shall be concealed or shielded with lumrnaries conta>nrng sh!eld!ng. skirts or cut-offs w1tl1 a cutoff angle nol exceed.ng mnety (00) degrees to minimize the potential for glare and unnecessary dlffus>ng entrances and outs111e seatdlg areas. shall utllize ioc.a! lighting that defines the space wHhout g::are _Floodlights shaH not be utihlt!d !lgt~t any portion nf a OtJIIChng facade after normal business hours FOl purposes of thts SubsectlOfl 18(0)(9), if the seating area of a restaurant IS Clo$ed. but a dn~e-through remains open, the busmess shalt be cdns>dered to be closed, and any floodlights shall be turned off. (c) Style: The style of lliJnt slandaros and fixtures shall t>e cons;stent with the overall theme and des•gn of the project Arch>1eclura! styles consistent w•th on~~ne buildings ma)r be approve.C by the City Ma:nnger "Cobra head~ fixtt.ires, galvanized" metal poles and arm lengths greater than four (4) feet are prohibtted. Lighting shaH not cast glare onto adjacent lots or streets in any way that decreases tile safely of pedestrians and vehiCles (e) Ma.rterior lighting aad more than one (1j fool candle-to-illumination levels at any point off-site (I) http://library.municode.com'prinLaspx?h=&clientiD=13543&HTMRcquest=http%3a~io2:f% ... l/6/2014 Page 52 of 98 tvhmicode Page 17 of n2 Highlighting.· Ugil!s may be used to hijjhhght trees ana similar features within public and plivate plazas, wurl)'ards, walkways and other similar outdoor areas at nigh! to create excitement and a festive ambiance. (g) Uolighting light fixtures used to illuminate flags. statues or any other ObJects mounted on a pole, pedeo.tal or platform shall use a narrow cone beam of hght that will not l-Jjirect\!d_______ ---· . architecturat, hlndscape or decorative fighting, dlr,;;ct 1\ght emissions shan nor be VJsibte above the roof hne. ti) LED Ughting Use of LED tighbog is required to achieve direct iighong to the dt>s11ed or needed location, tv nummize spiilover for focused uphgh!mg, to ad'"Heve optimum architectural impact and for energy efficiency (j) Buiidin;:;-Mounreo FIX lures: Buildmg-mounted light flXtures shall be at!acllerl to walls, and the top f•xlure snail not !Je rower tO.n len (1Ci feet or hrgher than eighteen (18) reet above frnished grade, except entryiextt lightmg positioned above the e-ntry/exit (o) After-Hours Reducrmn All outdoor light not necessary for secunty purposes shai• oe reduced. aclrvared by rn~!ron sensor oelectors. or turned ofl •tter normal business hours. (!) Ftic~enng and f'iOr:llflm vapor or high pressure sodium vapor hghhng is prohibited. (n) Security UgntJng· Any extenor hgnttng dev1~ (lumln.aire) ctesigneo for securliy lighting shall be protected b:y weather and vandal-res,stant covenng. ba .n managed light soure(!: and d1reded down to mimrmze glare and intrnsiveness (O) Umfcrmity of lth,;mination: Parkmg lot. driveways and pedestrian ctrcuiation route lighting shaU provide a uniform leve! of fight throughout the ent1~"e paliw1g area. Fixtur~s st1all be arranged m oroer to proVIde umform illumination lhroughout the par~mg lot of a 3: 1 umforrrnty 1 abo of average iUum1natJon to mintmum iUUmlnatton. (PJ Hw development and redevelopment under !his Subsec11on 18(Dl !hal abul.s or IS adjacent to any res•dential use (other than residential use WJtrlin 3 mixed use or transit-onented development or a residential use accessory to a nonres!Ctent:al use) shaU proVIde for the protec1ion ofthe ad;acent res~den¥!3: uses b~· comp 1ytng with the fo!Io~~~ing regulat1ons. (a} Setbacks· o) Setback from Ad;acent Resh;Jent;al for Buiidings up to Twenty (201 Feer Higfl·ihtrty 00) feet if there ±r, n0 fire lane· and thwty-fi11c (35) fee: rt a twenty-four (24; foot fire lane ex1sts to allow a minimum ten {10} font landscape space. BUJ.ldlr.tg UlHier. 20 in He..1qht J ·-·30 ·----R.,.:s 1.d•mtit~l. -----· (ii) Setback from Adja.cent ReSidential for Buildings over Twenty (20) Feet High Th1rty (30) feet pfus three {3) feet far eact1 additional one (1) toot lfl height with a maximum of sixty {60) feeL Hetght lS measured to top of parapet wall if a fbt roof IS used. if a pitched roo: is used. height IS measured w the mld·pomt of the pitched roof. http://library.municode.com/printaspx?h=&client1D=13543&HTMRequest~http%3a%21':·~--- 1/6/2014 Page 53 of 98 Municode Page 18 of62 l Building 28' in Hdg!lt _j L-------------_.,___ S< (iii) Parking Setback from AdJacent Residennat Mimmum rear Of s1de setback fo• pa!iside'l!ial property hne and shall not be uttli.ends and holidays. Outside speakers related to restaurant and retail drive-through fBolttm·s shall not t)e located closer !han frfl:y {50} feet to a residential property tine and may not be utilized t>et""'-""' ll1e hours of 10:00 p m. and 7:00a.m. on weekdays and 10:00 p.m, and 10 00 a.f'1 on weekends ana hOlidays if less lt:an one hundred {100) feet away from a •esidential property !me. tVlll) Loadmg Areas Loading areas within one hundred { lOO) feet of a residential property line may not be used between the hours of 10:00 p.m. and 7 00 a.rn {IX) Trash Conraine~ Trash containers within one hundred (100} feet cf a residential property line may not be seMced betv1een the hours of 10.00 p.m. and 7.00 a,m { 11) VacamProPf!rtles: {a) Maintenance Reqwrod Aft vacant properhes shaU be mowed, kept dear of brush and otherwise mamtame:d by the owner in addd1on to any adjacent right-of-way ar;:,a between the property fine and the back of curb. (b) Exception: Properties that are adjacent to right-of-way with a minimum depth of ftfty (50) feet between the back of curb and the property tine shalt not be reqwred to mam!ain the portion of right-ot-way t~at JS beyond fifty (50) feet of the property lme \C) Overgrown ProperfjJJs: Vacant properties shall not be altowed to become overgrnwn {vegetative ::::over excee:Jfng ten {10) inches in height), unless the vegetation JS cul:fvated for agncuHural pUfTlOS1jS, in wf1tCh case the ·,;egetation shall be cut and tnmrned to !he maxirnum allowed height o1 ten (1G) inches Yithin fifty ~sm feet of adjacent developed properties and withm twenty-five {25) fee! of adjacent road rights-of.way. Nothing w1thtn this Sub:s-ection 1St; C)(~ 1) $haJi be cvnstrued to require the removai of ani ex1stmg tre-es unless, the trees pose a safety hazard due tv :hmr !oca~;cr, or condition. http://library.municode.comJprint.aspx?h=&clicntiD=13543& TITMRequest=http%3a%2fYc ... Page 54 of 98 lvrunicode Page 19 of 6:2 ld) Trash and L:tter Prohibited· Vacanl properties and any adjacent right-of-way shall remain free of refuse garbage. !rash. litter. and crebns {e) Oefinib'on: Fer purposes of this Subsection 16(0}(11 ), ·vacant properties• shaH be defined as any !rae! or lot !hat is not part of any public nght-ot-way and that does not have- a habitable building or shudure constructed on it ( l 2) Use-Specific Slandiltds (a) Auromobile Sales Lots· (;) Subjoct to appmval ot an SUP. a franchised new automobile dealership may sell new automobile~ and previously owned automobtles as pari of the franchised new automobile dealership Standards lor sucn franchised new automobile dealef'.htos shail include· (A) ,a, mmrmum of five (5) acres of land: (B) A sales and service building of a m'mmum of fifteen thousand (15.000) square feet lor the base franchised new automob>le sales and service fa;;ility. four {4) serv1ce .bays that provide repairs and make-ready sefV!ces fof automobiles being sofd; and {C) ,~display area provtdmg for a m~mmum of one hundred (100) 11ew aulomobiies is also hereby approved tor such use. New and previously- owned s~les facibties may be dfvided 1nto t\.vo {2) separate tacilihe-s with the mimmum aggregate are-a of facilities totaling seventeen thoC~sand five hundred (17,500) square teet. (ii) Automobile wash facilities. if to be provided. must be operated wtth a mmtmwn of fifty (50! percenl water muse {iii) Automobile sales lots shall have a mirmnum area of five (5) acres (1v) In addtt:on to the landscaping required by Subsection 18(D)( 15)(11; above. automobile sates display frontage on US 75. ttte CCOL ct Major Thoroughfares. as defined in the City's Subd'iv!sion RegufatJonfL as arnended. shall comply with the parkmg and landscape provisions set forth here;r tor the CC/0 Di~tri<;t (v) AH vell!Cies displayed outdoors must be displayed on the ground and not arlificially elevated by ramps, cranes, ilfts. hills. slopes or any o!hsr artJftda~means. Parking vehicles ior dispfay in the righH:lf-way. landscape buffer area or reqwred pa~"kmg setback 1S proh1b1ted {Yi) Canopies, a>tmings or other structures built to covel vehicles displayed for sale shall comply with fhe required setbacks trom property lines and be conststent With the design and colors of the- pnnctpaf boildmgs. en lhe propeny. SucM structures shafi be designed to inciude architectumf details and enhancements and not resemble flat-roof carports. Such structures need not comply w1lh the bu~ding material reqwements ot SubseClion 123.7) and (23.8) of the zoning ordinance, as amended (vil) Newly consL'Ucted automobile d:splay lots, Jillernal driveways. veh>cle circulattcn a>eas and any pmperty used for parkiii) Service oct.vities shall 1>e clearly inc1dental to the vehicle sales operation. fix} Vehide ser..,.ice actMties shan occur \'.Jithin a comp!etefy enctosed budding (>) Vehicle• which have viSible body damage snal! l>e stored completely with.n an enclosed buiiding or within an area completely enclosed by a masonry fence a minimum of seven ('7) feet tall. Any outsi-de storage of such vehiCles ms1de a mast~nry fenc.e shall net be located tess !han one hundred (100} fee! from US 75. the CCOL and Major Thoroughfare$ and Collectors. as def1ned m the City's Subdivision Reguiat1ons. as amende-d {:xi; Vehide: ioaditig and unloading activities may taKe place only within the propt:rty (no maneuvefing in the right~of-way) and may not occur betw-een the hours ot iO_OO p_m, and 7:00a.m. if the property abuts residential zoning. (xii) Banners. streamers. pennants, tnflatable signs. characters and materials and other non-permanent signs are prohibited. ixiii) Flagpoles sh"ll not exceed forty (40) feet in he>ght (b) Big $ax Retail il) Stand-alone retail t>utfdings with a ftoor area ol fifty thousand (50.(}~0) square feel or mote shall be desit)t>ed such that the fr<10! facade has a minimum of three (3; dtstinct set:t1ons to appear- as ff to accommodate at least three (31 separate occupants (>i) The building shall have clearly defined. highly >isible customer entrt>nces wirh a mimmum or three (3) of the loltowing features: canopies, portic.os. overhangs, recesses/pro{ectkms, raised corniced parapets over the doors, peaked roof forms outdoor patios, display windows arcades, arches. wing wans or mtegral planters (iff} Covered waiting areas. shan be provided adjacent to all public entrances edendlng a rmwmum of ten (10; fee! on both sides of the doonL Benches o-r other seating facilities shall be provtded in tne waiting areas (iv) ft.J! sides or !he building shall comply with the arttculation standards of Subsection 18(0)(4)(c) above M Seven and rn1e-half (7 .5) foot deep landscape buffer shall be provided along the ba"" of the wall of the building, except for emrancas and loading areas. The landscaped buffer shall indude grass or ground cover and a combination of trees. shrubs, 5easonaf plants. and!or other landsr..aptng e1emerus. http://I ibrary .municode,com/print .aspx?h=&c Jienti D= 13 543&HTMRequest=hUp%3a%2~'0 ... 1/6/2014 Page 55 of 98 ~.~1unicod~ Page 20 of ti2 {Y•) A vanation ln roof lines shaU be provided to provide 'V1Sual interest and reduce the massive scale ot tatge buddings Roof features shall tncorPDrate a minimum of two (2) of the fo!lov11-ng features· parapets screening Oat roofs and roo'hop eqUJpment. overhanging eaves, siopetf roofs or U1ree (3) or more roof planes 0< repeating patterns of ct1anges in color. text"re and material modules. (vliJ Facade colors shal! be low reflectance. subUe, neutral or earlh tone colors. The use of high int,:;-ns1ty. meta!hc o~ ftuorescent colors Is proh:tHted (viti I Budding trur and accent areas may feature bnghter colors. inctuding pnmary colors: however. neon, atgon or S!mfJ.ar type tubing ls not allowed (c} Mixed Use Development: (i) The mixed cJse c3tegory is eslabhshed to encourage and fac1lltate the development of large. scale d1sbnc!we reg1ona! centers contaimng a concentrated mix of land uses in the samt?' structure Of 10 close proximity. Such centers should include, but not be limited to. major economic generat(tfS Yllth a regional marxet draw, su~h as, among others. regionai retail centers, ma1or emp!oyers< r'!staurants. theaters. hote;s and relatively del"tSB offrce development Any such center should contam a btoad muc of complernentar1 ~ses mduding, OtH no! fimrted lo, htgh~ densily res~t1enttal. civ•c ana pubhc fadlllies. parlerly ovm~rs shall be re<;pont.;ihle for maintenan~-e o! pav€rs tn privatf' streets and driv~?way-s. (vii) Sidewallpen space and parl dents and visitors to the dev,.lopment: (A) Landscaped pnvale open space !or us"' of residents, employees and viSitors to the development or (B) Playqround. palio or plaza with outdoor seating area. containing a minimum area of four hundred (400) square feet \"..'here sign!f;cant natura! or scenic resources exist on a s1te. the devetoper shaU give pnmity to thelf preservation as an cut doer gathenng area Pnvate yards. public or private streets or :ights-of·way and parl\ing areas and driveways shall not b€ counted toward this requirement (13) Area Regulations. The folfowmg minimums and ma)(fmums shall be required ror any development wilhin the CC/0 Otstric!. except for transit--oriented development or mtxcd use devefopment: (a) Mm1mum Front Yard Setback. Tll1rty (30) fee! from any street right-of-way. {b) Mm1mum Rear and Stde Yard Setback: (i) Ten (1 0) ~eel 3butling non-resiae! for buildings up lo twenty (20i feet htgh abutt>ng residential use or zoning. (iiiJ Th1rty (30~ feet, plus three (3) feet for each adchtional one (11 foot in he1ght above tv;enty (20) feet, tor buildtngs over tvtenty (20) feet htgh abuttmg residential use or zonmg. (c) Minimum Parking Setback: (i) Thirty {30) fee• from US 75 or the CCCL. (li) Ftf!een (15) fee! from any other sir eel nght-of·VI!'JY Qli) Twenty (20) teet from residential use or zoning (d) Minimum Separation betvveen Buildings: Zero (OJ fePI (e) Lot Wtd:h. Eighl.y {80) feet. (f) Lot Depm· One Hundred {100) feet. (g} Maximum HsigJJt On~ Hundred Fifty (150) feet (h' Maximum Impervious Lot Coverage. Eighty (SO) perces1t (14) Design Guideline$ for Pulliic Rigl>t-of- Way end Public Property, (a) Design Guidelines Objectives for Freeways and other Public Property· 1 he freeway rights-of-way belong to !he public and should provide a visually pieasinjj experience. Public righlll-of-way and olher publicly owned properties should provide !he same level of high quality design, materials. sus!ainabihty ami maintenance as that required of pnvate property. IM"ltle 1t is not the intent of thts Ordinance to sel definitive criteria for design or landscaplf'lg requiremen1s of public property, U is the intent of the Ctty Council of the CHy to promote the conce-pt of attractive and pleasmg public properties and rights.- of~ way Further, tt is the mtent of th~ Crt't Council to impleme,'lt the objeCtive of attracti-ve and well landscaped public propert;e-s as http ://1 ibrary .municode .com/ pri nt.aspx ?h =&c lientl D= 13 54 3&HTrv!Request= http%3a?;o2f% ... 1/6/2014 Page 57 of 98 Municode Page 22 of62 development matures through specific City projects on C~y proper1ies and to encourage other public entities to instaH and maintain well landscaped and attracti~~e pub6c proper1ies and rights-of-way as such entities construct and modify their projects as lhe community develops. (b) Design Guideines: Pubfic rights-of-way should be landscaped and maintained in an attractive, sustainable manner by the adjacent developer and/or property owner at the time of facility construction on the adjacent development sHe Such landscaping shaH be instafted up to the edge of the adjacent service road or other roadway curb and shaft be designed to blend with adjacent site landscaping. Installation of right-of-way landscaping up to the edge of the service road shall occur at the time of adjacent property landscaping. Lighting should be installed and maintained according to the theme and natwe of its location. Traffic control cabinets. utnity cabinets. switchgear and similar installations should be screened wM landscaping. berms and/or waRs where possible. utilities tor all projects should be installed underground, except for electric transmission lines, and if overhead tines must be used, they should be placed along rear property fines and other less obtrusive locations. Retaining and noise waRs. bridge abutments and roadway slopes should be enhanced wHh landscaping. graphics and other elements. Landscaping contained within the interior of the freeway nght-of-way (from the edge of the service road to the edge of the opposite service road including the landscaped area between service roads and main freeway lanes) shall be the responsibility (installation and maintenance) of the Texas Department of Transportation, or other contractuaRy designated entity. (15) Standards and GuideHne:s: In accordance wM the City Councirs objectives. the following minimum standards should be incorporated into the design and construction of Improvements within the CC/0 District. (a) LatH1scaping Standards: (i) Selection of Materials: The installation and continuous maintenance of landscaping is extremely Important. Landscape materials in areas that are completely surrounded by public right-ot-way and not able to be maintained by an owner of an adjacent tract or lot should be chosen tor their heat and drought tolerance and overall hardiness. The planning and implementation of all improvements should include. among other things, tong-term maintenance costs with respect to plantings, suuctures. surface treatments and other material along the right-of-way. (li) Visual Appeal: Landscaping and treatment of unpaved portions of right-of-way contribute both aesthetically and functionally to the overan character of the CC/0 District: therefore. it is the intent of this Ordinance to establish a higher level of visual appeal than that which has been traditionally observed in the past. Oil) Gtllsses: Native grasses shall be required In all unpaved portions of right-or-way that do not abut private property tor ease of maintenance. Allowable species are listed in Subsection 18(0)(15)(bl below. (iv) Trees: If the area between the curb of US 75 or the CCOL frontage road and the property line is more than ten (10) feet deep. then native or adapted, heat and drought tolerant trees selected from the list in Subsection 18(0)(15)(b) below shaft be planted within the right-of-way a minimum of ten (10) feet from the back of curb. Trees shall be planted at .a ratio of one (1) tree per each sixty (60) teet of frontage and should be staggered. dustened or otherwise arranged in landscaped areas rather than spaced evenly across the frontage of the property. (v) Other Plant Material: Shrubs, ornamental plants and ornamental grasses may be approved for right-of-way areas. subject to approval of the Texas Department of TransportatiOn, If applicable, and the CHy. Acceplable species shaH inClude those listed in the City's ordinances, rules and regulations, as they exist, may be amended or in the future arising. or as hereinafter described below. (b) R~ Species end Sizes: Trees. shrubs and grasses wnhln unpaved areas thai are completely surrounded by right-ot-way shall be selected from the follt'Wing species: 0) Larpe Trees: Large trees shall be a minimum of four (4) caliper inches at time of planting. PermUted large trees shall be selected from !he following species: http://library.rnunicode.com/print.aspx?h=&clientiD=l3543&HTMRequest=http%3a%2fU/o... 116/2014 Page 58 of 98 Municode Page 23 of62 • Ash, Texas • Cypress. Bald • Elm. Cedar • Maple. Shanlung • Oak Ch;nquapin • Oak. Uve 'High Rise' • Oak. Texas Red • Fine. Mondell (ii) OmanrtMtai Trees. Omamental trees sha!i ll€' a minimum of e-1ghl \8) feel ta!J at time of planting Pem;iUeU ornamental trees shall be s.ele-cted from ihe following speoes: • Holfy. Foster • Yaupon Holly • Japsnese Maple, sek-cled vanelles with approval of the City Manager • Myrtle. Crepe, tree fmrn • ¥'/'ax Myr1le (1ii) Shrubs"· LiJ\-v screening shrubs (generally, awarf varieties) shall be a rnimmum of lhree (3) gallon anti a minimum of e1ghteen (18) inch€-s tal! at the hrne of pfanhng_ Larger shrubs shall be a min1mum of five (5) gallon and a Flinimum ot thlfty~six (3$) inches tall at time of pianling Permitted shrubs shali be se!ecled from the followmg species: • Crepe Myrtle. Dwarf " Yaupon Holfy, Dwarf • Hav,.."fhorne, Jndian (many vaneties) • Holly, Dworf Burford .. Dwart Abf~lia • Graylsaf Cotoneaster • Texa~ Sage • Nandina. Dwarf varieties only • Hawnv,me, Indian- Dwart • Rose. KrHJckout .. Barberry • Elaegl'lllS, Dwarf ,. Wax Myrtle. Dwarf (iv) Omamemal Grasses Permitted ornamental grasses shall be selected from the lollowmg spem:s· .. M1scanthus, many vaneties • VVeeptng Love Grass .. Indian Feamer Grass • Gulf Muhly {iv) Turt Grasses. Pennitted turf grasses shalt be selecte-d from the foHowmg species: • Bemwda. common or hybnd • Buffalo gn>ss \ 16) Civic A1t or Amen1ty in L/o... 116/2014 Page 60 of 98 Mum code Page 25 of 62 Pumpage to Land$1;;ape Amas: Retainage water and re-use water from Subsection 18(0)(19)(b) abOve can then be used for large commercial and mixed use project landscape and open space irrigation. Irrigation lines for lhe re-use project needs shall be clearly marked as re-use and not for potable water purposes. Well water (with appropriate perrnHs) may be used to supplement the retainage and re-use irrigation system. (d) Each projed described abOve shall be subject to an engineering evaluation to determine that: (i) An appropriate location exists for the required retention facitity; (w) The capacity of the retention facility; (iii) The volume of aerobically treated water that can be missed or added to the retention facility; (iv) The volume of water that can be wHhdrawn on a monthly basis to provide or supplement irrigation needs; and (v) The appropriate location of pumps and irrigation lines. (e) Developer Inducement: The City may offer inducements to encourage and promote the concepts described above for initial users to provide documented case evaluations on of the benefits and cost savings. It shall be up to the City Council of the City to determine the form and amount of said inducements. Irrigation systems shall be designed to allow the system to be supplemented with potable water as necessary to maintain the landscaped area. (I) City Statr will work with each such project to develop tuft details and a cost analysis for that project unbl a base &ne for typical projects is estabfished. (g) Projects shall be encouraged to join together to accomplish the above stated objectives wHh one (1) of the developers serving as the coordinating property developer. Regionalized or large area drainage and detention facilities may be required to provide for mutual or shered irrigation storage. in which case the City shall develop a mechanism for the initial developer to recover cost in excess of the otherwise proportionate share if saod developer had sized and constructed the detentlon/retaioage faciUty for the exclusive use of said developer's project. Manclatory detention. retention and common use irrigation faciUties may ba structured to provide for a pro-rata type cost shaling as well as a mechanism for shared operational and maintenance cost. Exhibit "A" CCIO Oistrid Boundary Map (Ora No. 13.()9. § 2. 2·21·13. Of!! No. 13-25. § 2. $.28·13) SECTION 19 "FP" FLOOD PLAIN DISTRICT Edltor•no- §edion 3 of Ord. No. 1$-09. adopted Feb. 21.2013. repealed§ 19(19.1-19.3), which derived from Ord. No. 92-08. §§ 1-36. adopted Aug 25. 1992. http://library.municode.comiprint.aspx?h=&clientiD=l3543&HTMRequest=http%3a%2fO/o... 1/6/2014 Page 61 of 98 Mum code Page 26 of62 SECTION 19A H/0 HISTORIC OVERLAY DISTRICT Edltor'•no- §.ru;.tlgn 3 of Ord. No. 13-09, adopted Feb. 21. 2013, repealed§ 19A(19A-1-19A-5), which derived from Ord. No. 92-08, §§ 1-36. adopted Aug. 25, 1992; and Ord. No. 98-07,.§..1. adopted July 14, 1998. SECTION20 SCHEDULE OF USES AND PARKING REQUIREMENTS 20.1 land and buildings in each of the following ClasSified districts may be used for any of the following listed uses but no land shall hereinafter be used and no building or structure shall hereinafter be occupied, used, erected, altered, removed, placed, demolished or converted which is arranged or designed to be used for other than those uses specified for the district in Which it is located as set forth by the follOWing schedule of uses: BASE ZONING Residential Nonn!sldentlal Spedal DISTRICT LEGEND X Use permitted A-AgriculturaiSF -1-Single· SF- 2-Sintl,... SF· 3-Single· MF -Multi· MH-ManufacturedC·1-RestrlctedC •2-Generaii-1-Lilht I· 2-HeavyH/G-HistoricCC/o-tommercl in District District Family Family Family Family Home Park Comm.,rclal Commer<:ial lndustriallndustrilll Overlay Corridor Overlay Use prohibited Residential Residential Residential Dwelting District District District District District District District In District District 1 District 2 District 3 District S Use permitted In District upon approval of a Spedflc Use Permit (a, Usels b, permitted in c... ) the District Indicated if the use complies with conditional development standard or limitations In the corre5ponding alphabetical and note In Subsection 20.] (Conditional Developm•nt Standards) SPECIAL ZONING DISTRICT LEGEND X Use subject to Base Zoninl District X Use subject to (S) a- Zonln!ll District upon approval of a Specific Use P•rrnlt Use prohibited In District Regulation by District (See Individual Section) PARKING REQUIREMENT BASED ON USE (1, See 2, corr•sponding ) .•. )numeric •nd not• In Subsection 22.8 (Parltlng Requirement Based on Use) UseTvoe Resid..ntlal Uses araae Apartment uest- ~nufactured Home "'ultifamily !XIS) esidence ingle-Family IX bwetlint!· Detache ingle·Family IK ISJ bwt.mn•-Attached 6tudio Residence s ownhome s we-Family f< p; ResidenceiDuolexl Nonr•sldential Uses X r r ~ r IX ~ JX r r I ~ http://1ibrary .municode .com/print.aspx?h=&clientiD=13543&HTMRequest=http%3a%2fO/o... 1/6/2014 Page 62 of 98 Municode Page 27 of62 !Accessory ktructure ~ irport/Helioort ----- 1------ --!--- -- t------ -- - "icohotic Beverage !c) i(C) (C) {5} ~!es tcohotic Bevera~e (b) Sib) {b) {5) stablishmeot ' lbmenitv Center X r:te:1na and/or s IS s IS menna Support F i ~tructure, ommerciJi I Mtenna and i or s 5 , ~nte-nna Support f>tructure, Noo· ommerdat ;.thletk Stadium o s , IX !'. 'ield Public !"thtettc Stadium o f':\5) Field PrivatP \utomobile Paul - IX - jXiSI i>orlutomob•le p< to-Agricultur< F• i ~5-ins~e ·~f·l-Sing!e ~F-3-Sin!l!e ~f-Multi MH-0\anufacturec ·1-.Restrict~ C-2-Genor••·l-li!lhf-Hea')WO-Histon CCJO Commerc1 n District DistMct 1.-ami!y Family amlly Family Hcma Park ommerdat ommerdal ~ndu-rtria odustriat P.,.erl,3;y orridor Overlay ~"' prohibited ~f''Sidentiai ~eside.nttai Re-sidential ~"lltng Oh:trkt Pistrlct Otstrict pistnct istnct Pls.trict District ~hstrict 2 t"" n !:Ustrict lo!stnt-t 1 !Otstrict J loi:a.r\ct permitted n District ;Upon approval f'' a Spedflc I I I "·, !use Permit pse is ~rmltteval of a l ! pe<:ific Use !Permit jUse prohibited ·, District I I p!egulatfon by I ~isttict (Se" ndivlduat !section) I I ' I http://library .municode.com/print.aspx?h=&clientlD= 13543&HT!'v·1Request=http%3a%2f01o... 116/2014 Page 63 of 98 fv'lunicode Page 28 of62 ratRKING I (1, See fQUlREMENT ASEO ON USE 2, corre-sponding l ... )numeric end note In Subsection 21.8 (l'arklng Requirement Based on Use) Us" Tvoe - ._ ._ . eauty IX X alon; Barber Shoo ed and Breakfast j5 s nn ig Box Retail X pevelopment ' fX uilding Material IS X IXiSI nd Hardware alt<5 Major I vildmg Mate;iat lx X 'fi X nd Hardware 5atE's. Minor us;oe'.is Ser.nce X I 1>' abinet/Upholste!) .hop ar Wash. full Ser.) tk} fhl iS I icensehlp ,1vtc!Convent1on IS s .(S) entef ·ouege. p. X XiS) ~niversfty, Trade- pr Private Boarding Schoo! I l omrnercial X ~musement. lndoo omme-rciat J - s XIS> musement, but door ommunity CenteJ li lSi oocretei Asphalt ~atchifli Plant, I erm~nent ! ()(!crete! Asphatt IS I" , s X(Si atching Plant, emoorarv X r IX X X _onstruction Yard nct Field Offi<:e, F l emoorarv II I *ontrZ!ctor·s Shop mdior Storage I fard onvenlence Store (a) {a) - a) il) XiS) lith Gas Pumps onvenience Store ithout Gas Pumos «i (a) a) 3) 1 {S) av Services. Adult IS )( X XiSi . ,_····r .,_..... ......,."' . . . _,. . . ,.,__. I5ASE ZONING DISTRICT ReJidtmtl.ai ~onrtosid.entiai Speciat EGEND ~~e permltt~ kt ~-A.grit:ultura f -1-·Smgle ~····· ~·· ~."'~ .,~ H/0-Historic CIO-C< District btstrict amuy ram1ly amity 1:-amr!y !Hom,. Park ~mercia! ommorciat Industria ndustrlal Overlay orridor PJse prohibited In e~idential ~&ciflc Use (a. Use is permitted in the b, Distrid if c ... ) the use compiles with conditJonaf development standard o.- flmttat!oos in the corresponding alphabetical and note in Subsection 20. J {Conditional Development Standards) SPECIAL ZONING DISTRICT LEGEND Use subject to Base Zomng District X Uw subject to Sas.e ($) lomng District upon approvat of a Specific Use Permit Use p.-ohibited In District Regulation by District 1s..., Individual Section) PARKING I REQUIREMENT BASED ON USE { 1, See corresponding 2, numeric end note in 3 .. ) Subsection ;u.s {Parking Requirement 'I ~ l>_lionlllanquet/Meetin I eal~f'l; Fitness Center X X orne O.:cooation e E''i "'mblv and X X ~anufaCUJring USe omplytng with ~er~f~o~rm~•7n~c~e~S~ta~n~d~a~r~m~--t----------+--------4--------+--------4-------r------------h----------t~--·----·~-----+~----+---------r----- ock•'ll>th1S..Curity System 1 X ompany t-~ach!ne Shoo ~ssaRe Therapy, LKens-ed X r-"age Therapy, Unticense Use prohibited in ~esldentlal esidentlal ~esfdentlat P.,eiiiOB jotstrict Pistrict jofstrict District joistrlct iDfstnct ')istrlct District pistrict 1 p1strfct 2 Plstrict 3 ptstrict Use permitted In District upon approval of a ,.... [sPecific Use Permit a, Use is permitted in ~·District ) ndlcated If the use omplles with onditfonaf !;Q... 1/6/2014 Page 66 of 98 Municode Page 3l of62 l IJ~··· ,.~-·"·~ orresponding lphab<>tlcal and ' '"~'~j ote tn Subsection • j eveiQPrnent L _t.!_n_dards)__ SPECIAL ZONING DISTRICT LEGEND X: Usf? subject to Base Zomng ())strict )( Use subject to Base ($) Zoning District upon approvat of a Specific Use Permit Use prohibited in District R..gulation by District (S"" Individual Section) PARKING REQUIREMENT !lASED ON USE {1, See corresponding I I 2. num-eric end note in l ... ) Subsection 22.8 (!"arking Requir-e-ment eased I on Use) U..- tesldence Hotel Tvo~ ~--- ----·- -~-- L..------·· b - - - - - - · - - X:-:;----· XiS! Ext<>ndeO estaurant Of' Catetefia il il_ d IX est,:u.::r·;:mt. Dtive··ln X X ·r;: etaH Stor~ and Shop~ X tx ~, etait/Ser-.nc(>, X nddental choo!. Private- X chooL Pubi1c t chool D;strict Sus Yard m m m) m m ! s mall EngmP Repair Shoo ~ X table. Commerdal -torage or Whol~sate X X X X - Warehoose -axidermis.t 0 ' s is.tnbutioo iT ransmissior f'l) One thousand 11 ,OOOi feet from a public school if tne C•ty Counc:l receM;s a request tor thts additional spacing requirement from the school distnct and the City Council 3dopts such a~ditionat spadng reqwrements tly resolullon: or (c) One tt'H?usand {1 ,000} feet from a pnvate sc.hoot 1f the City Council receives a request for th1s additional spacing requi:ement from the board of the private scllocl. and the City Council adopts the additional spacing requirements by resollilion (d) Measurement for the distance befiveen an Alcoholic Beverage Establishment and the uses listed above or 1he nearest residential zonmg distm,i shall be in a dire-ct line from the Property Line ot the applicable use !1sted above or the nearest resiaenttaJ zoning distnd to the Property Line of the Alcoholic Beverage Establishment, and in a direct line across intersections {e) Theie shai! be no variances considered with regard 1o lhe regulations set forth herein (c) Alcohonc Beverage Sales: (1) Alcoholic Beverage Sales snall be subject to compliance wim tt,a TEX. ALC. 8£V_ CODE. as amended. and any applicable local optio-n elections (2) Alcoholic Beverage Sales are perm1Ued by SUP only m the C-!. C-2, i-l anrl CCIO zonin[l districts. (31 Bertt sales are not permitted in distticts zoned .solety as resident;ai. hov.-ever. beer sales may be allowed t'l a m1>:t:':d- ust: development and in a PC} dr!?trict {4} Pursuant !C th-e CHy Charter. the- sale of liquor_ as defined in lhe TEX ..ALC BEV CODE. as amended. sr1atl be pmhibtted ny a person or entily holding a package store permit as described in1he TEX ALC. BEV COOL as amended. lfl. any zoning d~strict which anows. in whole or ln part. residential development in the City. (5) The regulations hene1n applicaole to a pub fie scttoui shan also appiy to a day-care center or a chita-care c~nter as provtded in§ 109.331. TEX. /tLC BEV. CODE. as amended (6) A!-co-Otlohc Beverage Sales shall not be !ocated within the following (a) T11ree hunared {300) feet from a church. put~llc school. private schoot and/or publlc hospital However, Alcoholic Beverage Saies may be located -.,V!thfn three- hundred {300) feet of a private school ff rnmors are proh!blteiJ from entenng the place of busrness. as required by §109.53, TEX. l'lC. SEV CODE. as amended, or {b} One thousand (1 .000) fee£ from a prwate school if the City Council recefves a request for this add!bonal spacing requirement from the board of !he privaJe schoot and the City Council adop!s the adGrtional spacmg requirements by resolution. But ~he City Council may not adapt 1his aodi1ion.al spacing requrrement if {i} mtnors an~ prohjbited from entenng the ptace of t>ustness engaged ;n Ncohofic Beverage Sale-s. pur~uant !o Section 100.53, TEX. ALC BEV. CODE. as amended: {ii) the holder of a retaH off~pre-rnises consumption pemtit or license if less than fifty percent t5D%) of the gross recen.lt for !he prectncal drsturbance beyona the property !me: {b) No exterior storage of material, eQuipment. vet11des and/or supplies used in ron1unction wfth the home occupa!ion: {c} No shxage of hazardous malRria!s for business pl!rpose.s zha!! be allowed on the premises: id) The home occupation shall not have a separate entrance. (e) Not more than two !2} patron- or business4eiatect veh1cies shalf be present at any one hme. and the proprietm shall prov1de adeqt1ate off~street parKrng to; such vehicles; (f) A maximum of one (1) commercial vehicle. capacity one (1.11on or less. may be used or parl) ions. ThiS shall not be construed to proh1bH defivelies by commercta! package dehvery ccmpan1es: \h) The home occupation shalf not dis.piay adverttsfng s1gns or other vlsual or aUd1o devtces which ca.H attention !o the business use; (il Me-n.:hand!se shan not be offered or displayed for sate on the prem1ses. Safes mcioenta! to a sendee shall he ailowed; and orders previOusly made via me telephone. in!eme~ or at a sates party may be frlied on lh>! premises. and (i) No traffic shall oe generated oy a home occupation in greater volumes than normally expected in e rt!Sidential nergnborhood. and any need for pari<'n~ must be accommodated withrn the off-street parJo:mg pruVJded for the resrdence {i.e. !he orweway or garage) and along the street frontage of the lot: {3) The home occup8tlon shali be ctearly mcidentat ~nd: secontlarY' to the use of fhe premises for resuJentiat purp-oses, (4J The home oc<:upatJon shaU employ no more than tv..ro (2} indiViduals who are not an occupant of the resldence lh1s shaH not 1nclude the coordir:atlon or supervision of empfoyees who do not reg:ularty visit the residence for purposes related tc the busmess. t5J The nome cccuparlon snau not cHer a ready inventory of any commodity for sale. except as specifically !Jsted under Subsection 20 3(e}{8J(C), (6) The home occupation shan not accept clients or customers before 7 00 a.rn or after 'fO·OO p m. Tht~ Umliation ort hours of cperat1on shai! no! appty to allowed childcare home occupations. Hours of operation shall be limllt"ct to B 00 am. to 8:00 p_m for outdoor aclivmes; and {7) Outdoor activities are not ailowed. unless the actiYJties are screened from neighbcring pmperty and pubiic ights-of-way (8t Uses allowed as home occupations shall include the followmg: (a) Office of an accountant, architect. attorney engrneer. realtor. minister. rabbi. clergyman. or similar profession; (b) Office Gf a ~alesman or manutacurer's represenlatrve. prov1lled that no retaH or "vholesa!e transacnons nr pmvls;on ot serv1ces may be personally and physically made on premises: \C) Author. arust, sculptor. ld) Dressmaker, seamstress. tailor, mr!liner: {e) 11.-tuS!C./Oance teacher, tutoring or similar mstructlon. prov1ded that no more than three (3'i pupds may oe presE;nl at any one t1r:1e: {f} Sv>limming l-essons or water safety instruction p-rovided that a max1mum of six (6) puplts may b-e pfesent at any one t!r.le; (g) Home crans. such as weavmg. model ma!ods i-'Klude: bread, roHs, b1scurts.. sweet breads, muffins, cakes, pastnes. ccoktes. fru;t p1es tams, j-ellies, dry herbs and dry nerb ffil)(e.S (9) Uses prohibited as home occupations shat! ,ncludP the toltow1ng (a) Anrmalnospital. comme>cial stable, ke:mel. (b) Boardrngtwuse or roormng house; (c) Schooling or instruction with more than five IS) pupils: \d) Restaurant cr on. ptemises food/beverage consumpt1on of any ~~nd, (e) AutomotHfe. boat or trailer rep~r. smell engme or rnotorc.yde repatr, large applianr-..e repair, repair of any items w1th 1nterna! comb\,Ost.cn englnt;::s or other reparrs shops: If) Cabinetry. metal worl: or welding shOp: (g) Office fm d<><-ior. dentist. veterinarian or other medical-related prolessron: (h) On-premises retail or wholesale sale of any kind. except home craft items produced entire'y on premrses; (i) Commercial clothing laundering or cleaning: (j) Mortua!)' or funeral home; (k) TraHer. vehteie, tool or equipment rental; (t) Antique. gift'" specialty shop, and (m} Any use detifled by the building code as assembly. fa:ctotyiindustria!, t1azardous, institutional or mercantile occupancy (10) Determinatron of a Home Occupation Use not Spec>fica!ly Listed· (a) The Director :shall -determme whether a proposed: use not specificalty listP.ri 1s appropnate as a hom? occupo!ion. The Director shaH evatua!e !he proposed home occupatiOn in terms or its rmpact on neigt1boring property. its similarity to other allov.-ed and prohrbrted uses and its conformance with the reguiations herem. (11) Appeal of the Directors Home Occupation Determinatron: {a) If lhe applieaflt disagrees with tile determrna!ion of the Director. ihe applicant may appeal !he Director's . 13·21. Od0pted4·23-13. Sec 4) SECTION21 SCHEDULE OF DISTRICT REGULATIONS In addition to the schedule of regulations below. also see the special and additional regulations in Section 23 of this zoning ordinance. A SF·t F·2 f.) F H ·1 ·2 ·1 ·2 ot Area (SQ. ft. acres 20 000 10 000 000 b 000 one none none none inlmum Lot Width ft. 150 100 0 ~ 0 one none inimt..m Lot Death ft. root Yard Setbaclt (ft. 00 50 120 30 120 5 100 25 150 5 120 5 one d) none 0 """" none 0 """" """" 0 ide Yard Setback ft. /interior lot a 15 10 7.5 15 .5 d) 10 e e ide Yard Setback ft. /corner lot a 5 0 0 5 0 d 5 f f ear Yard Setbaclt ft. 5 5 5 5 0 10 d 0 f f ~xlmum HeiGht stories or ft. 25 3 .5 .5 l .5 too· 100' laximum lot CoveraQe % inimt..m DweiUnq Size (SQ. ft. • 15 1 100 40 1,800 0 1 500 140 1.000 40 c 0 20 0 ooe ,.,.. """" 0 one """" 0 one aximum Oensitv Per Acre Ia 2 7 15 Ia Ia Ia Ia "The minimum floor area of any dwelling shall be exclusive of garages. breezeways. and porches. (a) The minimum side yard on each side ol the lot shall have a width of not less than 15% of the width of the tot or 50 feet. whichever is less. (b) The minimum lot area for multi-family dweHings shall have a minimum of 3.000 square feel per dweUing unit. (c) The minimum dwelling size for each multi-family dweUing unit Shall be 600 square feet. (d) None required lor buftdlngs In existence at the time of passage of this ordinance. However: when new construction of buildings in this district occur. then yard setbacks shell be at least 10 feet from the property line. (e) The minimum side yard setbaclt shall be alleasl 10 feet from the property line except where a permitted use abuts a residential district boundary line. the minimum yard setbaclt shall be a minimum of 20 feel. (I) The minimum side or rear yard setback shaH be at least 20 feet from the property line except where a permitted use abuts a residential district boundary line, the minimum yard setbaclt shall be a minimum of 50 feet. (Orcf No. 04-02. lldOpted J. 1/HU, Sec. 2) SECTION22 OFF-STReET PARKING AND LOADING Rl:QU/Rl:MENTS 22.1 Purpose: To secure safety from fore, panic, and other dangers: to lessen congestion on public streets: to facilitate the adequate provisions of transportation: to conserve the value of buildings: and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the loUowing schedules and provisions. 22.2 Special OII'..Sileet Parte regularly mainla•ned to ensure contmuous clear identificat•on of lt>e space (b) Parking Space Dtmeosior>s. {1} Each standaro off- street parkmg space shall be a minimum of nine {9) feet in Vlidth and tvtent'f (2D} feet rn depth, exclusive of driveways and maneuvering aisles and shall he of usable shape and condition. (2) \Nl'wre it IS p!)SSiblJeO standard space may be reduced to eighteen {181 teet. The. landscaped buffer shaH te increased by two {2) teet ...mere the parking is (Hgmeen {'!B) fet:-t 1n length. (3; No parkmg so.uce shall a!low a veh!cle to overnartg a required iand~cape area, open space area, S!Oewajic street right-of-way or adjacent property. (41 Head-In parking spaces ad;acen! to buJdings shaH have a rnimmum four (4) fool wtde clearance betweer> the front of the car and the building (a) The four r4) foG! wroe clearance shall be mamtained by curbs or wt1eel stops. ft1eface of "-hich sM!i be located s~> (6) feet from the bulldrng. which allows a vehicle overhang ol twc (2) feet Vvheel stops shall only t>e used in par1e Director {d} Dead £nd Parkrng. Dead end parking ts prohibited in nonres{dentiat districts.. except 1n the H!f) d1stnc1 as apprQvJ;;d by the Director (e} Handicap Parking_ Handicap parking space{s) shai! be provided according to the StatP. of Texas Program for the Elimination of Architectural Barriers. as amended, and shall conform to !he Amencans Olsabi!Hy Act (ADA) of 1991, as amended, and accessibility guidelines or the Uniform Fede-raJ Accessit>lhty Standards, as amended_ Current requirements are as foilows and are !Subject to amendments based on the !aws- reference-a herein: tota! Parl'.ing 5poces Required Minimum Nu:nber of evtde data to support the request. (2) Op6onal resmrrc~s !or th<> parl;o ... 1/6/2014 Page 72 of 98 fvlunicode Page 37 of 62 (e) Shared Parln 2~.7 shall apply to ail nonresidential d!stncts. (b) Parking Atsies. Parkong aiSles shall be des1gner guest room in addition to the requirements lor a nomtal residential use (5) Boarding or Rooming .~-louse. One {1} parkmg space for each sfe~pmg room !6) Bowing All~Street Parkin~ Provistons) (ResHjentia! Otstricts, excluding Mufti-Family Restdenlia! D1stncts) (ej {Min!fl1um Parkmg Provis1onsl. (18) Dwei!mgs. Mu!Ulamily Two (2) spaces for one (1) and two (2\ bedroom units. plus one (l) additional space for each a1ditional bedroom (' 9l Res&rved. (20) Frarermty, Sorority cr Dormitory One (1) parking space for each two (2! be<:!s on campus. and one and one-half Z'Y..i spaces for each two beds in off carnpus projet.is (21 l Gas Pumps (Access::>ry Use) Four (4) parkmq spaces. {22) Golf Course. N111e tS} par1>ting spaces per !1~e, plus one 11) parking space for each one hundred fitly {150! square leet of floor area af golf or country club \23) GolfCoutSe (muuat""' and driving range). One and one-half (1 Vii pa!llities over twenty thousand (ZO.OOOl square feel shall use the parking standards set forth lor hospitals. (38) Privdte Club or Restaurant with a Pnvate Club. Aic~holic Beverage Establishment. One (1) pafid by taking the square footage of standard classrooms divided oy twenty {20). plus the square footage of spedai classrooms. such as art, J~boratones. drama. band and vocational rooms. divided by fifty (50). (45) School. High School (Ninth (9th) through Twelfth (12th) Grade) (Pubfic or Pnvale). One (1) parkmg space per three and three-tenths (3 3) students. (The total numt"HJr o-f students shall be determined by takmg the square footage of standard classrooms di',nded by tvventy (20), plus the square !ootage of special classrooms. such as art laboratones_ drama. band and vocational rooms, dtvided by fifty (50)) (45) Theater; Sports At:e'n.a. Stadium, Gymnasi<;m or Auditorium. One (1; p.arkmg- space for each tour (4) seats or bench seating spaces {47) Truck Stops One {1J tn;ck par'r:ing space measuring seventy~ five (75J feHt by twelve {12) feet for each ten thousand (10,000} square feet of site area plus one t 1) ~Jehicte paf1(1ng space per two hundred (200) square f~::~et of building area (48} Warehouse. Whoi1E'Sa1e. Manufacturing and Other industrial Type Uses. One (1) space for one thousand (1.000) square feet of gross flom area (49) BesVCummt Prac~ces Parking Rauo. For uses shown in the Use Chan !hat have atyp~e of the service !stand. whichever is applicable (4} Number af Required Stacking Spaces {All Districts)- tn all Districts. at the time any building or structure is erected or altered. stacking spaces shall be provided in the number and manner set forth in the foHowtng hst of property uses. (a) Automated Teller Machine {ATM) Three (3) staclJe (h} Dry Cleaning, Pharmacy or Other Retail Establishments '11.1th a Orive-Through. Three (3) stackmg spares tor f1rst service window. (i) Fmancia! institution Five {5} stacking spaces per window or servicF- !ane U) Restaurant ~N'ith Drive· Through_ FIVe (5) stacking spaces for first wmdow, order board or other stopping point (k) School, ELementary, Secondary ar Middle {K:n::Jergarten t.":lrough E;ghth (8th) Grade} {Pubilc or Private}- One (1} stocxtng space per twenty {2\i) students provided on a through "circular" dri"". (!) Schoof, High Dchool (Ninth (9th} through Twelffh (12th) Grarle) (Pubiic or Private). Tne number of stQcking spaces sha!l be determined during S!1e Plan review and approV1!'d by the Oirer-.toL (5) http://library.municode.com/print.aspx?h=&clientiD=13543&HTMRequest=ht1p%3a%2i% ... l/6/2014 Page 74 of 98 Municodi; Page 39 of62 Single Stacking Space Required after me Fmal Window, Ord&r Board or Stoppi'!g Point. A smgle stacking space shall be provided after the final window. order board or stopping point to allow vehicles to pull ciear of the transaction area prior to enlerrtrg an intersectrng on-site driveway or maneuvering aisle. {ll) Setback Requirement. Buildings and other structures shall be setbaci( a minimum of ten ( 10) feet from the back of the curb of tne intersecting driveway or maneuvering arsle to provide adequate visibility and 10 allow vehicles to safely exit drive-through lanes and escape lanes prior to merying into intersecting driveways or maneuveling aisles. (7) Escape Lane Requirement tor Drive-Through Facilities. (a) An escape lane shall be provrded for any use contatmng a dove-through facility. (b) An escape lane shall be nine {9) feet in width and shall provide access around the drive-through fa~•lity (c) An escape lane may be pari of a arculatioo a1sle. 22 9 Location of Parking Spaces· AI! pan"nO spaces required herein shall be located on tile same lot with the building or use served, except as fo"ows. (a) Parking Easement Requimmenl ror Off-S1te Parking. In any case where the required parking spaces are nollocated on the same lot w>th the building or use served, or where such spaces are coliectivety or jointly provtded and used. such spaces shall be located in a padl.ing easement as shown on a Final Pfal and Site Plan. (b) Historic Overlay Distm~1 Parking Reduction and Awarding of Historic Overlay Oislrict Public Parking Spaces ( 1) If il •s determined that due to existing site constraints or overall development plan for a project. the requu<;ments of thiS ()romance cannot be met in the HIO distnct. the Director may, at h•slher sole 1iscrellon. award public off-street parking spaces, if avmlans to prov1de the necessary parkmg includmg, without ltmltatior.. utilizing any vacant parcel. ownea by the owner and/or lessee. which could be developed as parktng. (e) Ther~ must be a surplus of e)(isting H/0 district public parking spaces. as solety de1ermmed by the t)iredor (1) A roster of HJO distnct puNic parKing spaces wilt be kept and main tamed by the Director. m The buih:hng occupant agrees to pay, in conjunction with the occupants' •.¥ater, sewer and garbage bHL a specified H!O £hStnct parking fee for the use and application of required park>ng on C!ly"'wned property. as solel~ oeterm.ned by the City. p;x spot awarded by the Oorector for the mamtenance of City-provided parking. (2) The Director may approile on-street parking !o be credited to a use withw the H!O d1slnct. lcl Retaining Historic Overlay District Pubfic Parking Spaces. (1) Uses 1n the HIO dtslnct that have been awarded parkmg spaces out of any H/0 disirict pubhc parking spaces, will retain ttle ablllry lo apply lhese sp~s 10 their off-street parking requirements for up to .si:a: (6) months after the use, for which the addihon;lf spaces were awarded under ttus Subsection 22.9(c), has vacated the prerrJses. (2) It after s1x \6) monU1s the site does not have a new use tor which a Ce;"tific;l~e af Occupancy has been issved~ the spaces will revten 1o the CHy as surplus (3} In the event a propeny, previously awarded H/0 district pub!it parkmg spaces, changes to a less !nlensi~;E> use lhe >inrteeded spaces shaii be forfeited. (d) Intent of Awarding HIO Oist,ct Public Paoong Spaces. ( 1) Awaffi1ng H/0 district pubfic parkmg spaces is allow~ solely for the purpose o! assistmg an appftcant ln satjsfyinQ the off-street park1f'lg requirements estaohshed by thts Ord1o.ance (2} An award of HJO distnct public parking spaces is not a guarantee thai the awarde-d spaces will he open for parx1ng at any andtm a!l times (3) P.vailabt1ity ot any HtO distnct pubhc parkrng spaces is on a first (',ome. first serve basis, and tf:e- H!O district pubbc parning spaces are open to the public. (4) Awarded parking spaces shall no! be labeled and/or marked 10 any way by the use!. lessee andlor landowner of recurd. (e) P&rking P10h1bited in Front Yards No parking shall be allowed ~eHing and no lot existing at the time o1 passage of thi• ordinance shall be reduced in area betow the minimum requirements set forth in the respective district. (b) Location of DweUings and Buildings: Only one ( 1) mam buildmg for one-family and duplex use with permi!!ed accessory buildings may be located upon a lot or unplalted tract. Every m"ans of access shall have a minimum width of twenty-five (25) feet. V'Jhere a lot is used for retail and dwelling purposes. more than one { 1) matn buildrng may be located upon the lot but only when such buildll1gs conform 10 all the open space. parking and densrty reqwements applicable to !he uses and districts. Whenever two or more main buildings. or portions thereof. are placed upon a single tot or tract and such buildings do not face upon a public street. lhe same may be permitted when the site plan for such development 1s recommended by the Planning and Zoning ComrnisstQn and approved by the City Council so as to comply with the normal requirements for p~aHing. No parking area, storage area, or required open space for one building shall be computed as being the open space_ yard, or area requirements for any other dwelling or other use 23 :Z Front '>'ards: (a} On comer lOts. the front yard setback shaH be ohser.... P..d along lhe frontage of both intersecting stree-ts {unless shown specificaUy otherwise on a tina! Plan. (b) Where the frontage on one side of a street between two intrmect!ng streets is divided by two or more zonlng dislrlcts. lhe front yard shall comply with the requirements a1 \he most re~tnctive district for the entire frontsge. (c) \A'here a building line ha> been established by a plat approved by the City Council or by ordinance and such llne requires a greater or lesser front yard setback than is prescnbed by this ordjnance for the distric1 in which th~ building line Is located, the required front yard shafl comply with tl 1e buildmg line so establisl1ed by such ordinance or plat prov>ded no such building lin" shall oe less than twenty (20) feet (except as approved by "PD"J. (d) http:!/I ibrary .municode .com/print.aspx?h=&clientiD= 13 543&HT~1Request=http%3a~~2f-.-o ... 11612014 Page 75 of 98 Municode Page 40 of62 The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory bu~dings. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures. platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard. (e) IJ\/here lots have double frontage, running through from one street to another, a required front yard shaU ba provided on both streets unless a building tine for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (I) Visual clearance shall ba provided In all zoning districta so that no fence, wall, architectural screen, earth mounding or landscaping obstructs the vision of a motor vehicle driver approaching any street. alley or driveway intersection. On any comer lot for which front and side yards are required herein, no wail. fence. structure. sign. tree, or other planting or slope terrace or embankment may ba maintained higher than three (3) feet above the street grade so as to cause danger or hazard to traffic by obstructing the view of the intersection from a point thirty (30) feet back from the right-of-way comer. (g) Gasoline service station pump islands may not be located nearer than eighteen ( 18) feet to the front property line. An unenclosed canopy tor a gasotine fdling station may extend beyond the front b~ding line but shall never be closer than ten (10) feel to lhe property fine. (h) IJ\/here a future right-oJ.way line has baen established for future widening or opening of a street or thoroughfare upon which a lot abuts, lhe front or side yard shall be measured from the future right-of-way fine. 23.3 Side Yards: (a) Every part of a required side yard shall be open and unobstructed except for: ( 1) accessory buildings as permitted herein; (2) the ordinary projections of window siHs. batt courses. cornices, and other architectural features not more than twelve (12) inches into the required side yard; and (3) roof eaves projecting not more than thirty-six (38) inches into the required side yard. Balconies shall not project into the required side yard. (b) For multi-family structures in the MF and PO Districts. a minimum side yard, or space between adjoining buildings, shall be thirty (30) feet between building walls when such walls have openings for windows and access. and twenty (20) feet when no openings exist. (c) IJ\/hen a non-residentially zoned lot or tract abuts upon a zoning district boundary tine dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard often (10) feet shall be provided on the nonresidential property. An opaque wood fence or masonry wall having a minimum height of six (6) feet above the averege grade of the resulenlial property shall ba constructed on non-residential property adjacent to the common side (or rear) property line. 23.4 Rear Yards: The required rear yard shall ba open and unobstruded from a point thirty (30) inches above the average elevation of the graded rear yard. except for accessory buildings as permitted herein. Eaves. covered porches. and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four (4) feet Balconies shall not project into the required rear yard. 23.5 Swimming Pools: It is the purpose of the following provisions to recognize an outdoor swimming pool as a potential attractive nuisance and to promote the safety and enjoyment of property rights be establishing rules and regulaUons governing the location and improvement of swimming pools whether privately. publicly or commercially owned or operated. (a) Perrnita and Approvals: No swimming pool shaD be conslruded or used until a swimming pool building permit and a certificate of occupancy have baen issued therefor_ No building pennit and no final certificate of occupancy shan be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Depanment regulations. (b) Requirements: A swimming pool may ba constructed and operated when: (1) the pool is not located in any required front or side yard abutting a street; (2) a wall or fence. not less than three and one-half (3-1-i) feet in height with self-endosing and self-latching gates at all entrances. completely encloses either the pool area or the surrounding yard area and which children cannot crawl through; (3) all lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individuaNy shielded they shall be so placed. or the enclosing wall or fence shall be so designed. that direct rays from the lights shall not ba visible from adjacent properties; (4) no broadcasting 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 pubfic address system necessary or useful to the supervision of the pool and the safety of swimmers: and 23.6 T~mporary ConstfUCiion Buildings: Temporary buUdings for uses incidental to construction work on the premises shall be permitted in any zoning district but shall ba immj!diately removed upon the completion or abandonment of the construction work. The Building Inspector shall determine the appropriate time period the construction buildings may be used on the sHe. 23.7 Type of Exterior Construction. At least 80 percent of the exterior walls of the first lloor of all structures shall be of masonry construction exClusive of doors. windows, and the area above the top plate line. Each story above the first noor of a straight wall structure shaH be at least 80 percent masonry exdusive of doors. windows. and the area above the top plate lines. Masonry construction in all districts shall ba exterior walls construded of brick, rock. stone. stucco. lilt wail materials. concrete, concrete block. or other approved masonry materials and shall be constructed in accordance with the Melissa Building Code. but in no case shall brick ba less than three inches in thickness when applied as a veneer nor shall it be less than the thickness required by the Melissa Building Code when serving as a structural masonry wall: and in no case shall stone. concrete. concrete blocks or tilt wall materials. or other approved masonry materials other than brick ba less than 3.58 inches In thickness when appfied ea a veneer nor shall " be less than the thickness required by the Melissa Building Code when serving as a structural masonry wan. Homes and structures in the Historical Overlay District are eligible for a Special Use Permit to use wood or similar construction instead of masonry construction if such construction would make the home or structure more compatible with the preservation of that HistOrical Overlay District. 23.8 Types of Roofing Materials. Roofing material in all districts shall consist of architectural asphalt shingles, including laminated shingles and "shadowed" three-tab shingles, day and concrete tile, metal shingles, mineral-surfaced row roofing, state and state-type shingles, wood shingles, wood shakes or metal roof panels and shan be constructed in accordance with the Melissa Building Code. Should architectural shingles be used as roofmg material, said shingles shall ba accompanied with a minimum twenty-five (25) year warranty. Under no circumstance shall three-tab shingles be used as roofing material. 23.9 Residential Front EntJy Garage Standerds: (a) Applicability. This Subsection 23.9 shall apply to an residential zoning districts. except multi-family and manufactured home park districts. (b) Setbaclc. A garage face shall either ba set back a minimum of five (5) feet from the front of the house or front porch or be a minimum of twenty-five (25) feet from the front property line. whichever is greater. (c) Front Door Enhancement. Homes shan be designed in a manner that enhances the front door rather than the garage door and shall include one (1) of the following: (1) Front porch: or (2) Columns/Gateways/Articulation at the sidewalk. (d) Enhanced Pavement (applicable only to Projecl$ eommenced after May 1, 2013). Driveways and entryway sidewalks shall incorporate a decorative paving technique from the following: (1 l Earth-tone colored concrete (stain mixed in. not applied after). (2) Starnped/panemed concrete. (3) Brick/pave stone. (e) Garage Door Tl8atments. Garage doors shaH contain three (3) of the folowing enhancements: http:/llibrary.municode.com/print.aspx?h=&clientiD=l3543&HTMRequest=http%3a%2fO/o... 1/6/2014 Page 76 of 98 l'vlunicode Page 41 of62 (1) Garage door recessed a minrmum of twelve (12) inches from the garage race (2) Cedar/wood clad ooors. (3) Double doors (4) Decorative windows. {5) Decorative hardwme, (6) Reveals.~exture. (Orr:! No 98~00 . .adopt~ 7·14-9(l sec. 1: Orri Na 12-05 'ltdopted 11.-t$-11, Sl.tc Z_ Otd No tJ·21. adopled4-Z3-i3, SiJ<: 6"l SECTION 24 ~12_t;_;;$_9RY /lUILDING_Bfl.fiY~L\I!SJJJ§ 24.1 In a single-fam1fy fe5Jden!Ja! or mufti-family district, an accessory building is a subordinate bwki!f1g exceeding one hundred t-Nen!y t120} square feet of floor area. attached to or detached from the mam buildmg. without separate bath or kitchen fac;iities. not used for commercial pul])oses and no! rented 24.2 In other distncts. an accessory building is a subordinate building, me use of which is incidental to and used only in conjunction with !he main bu:lding 24.3 No accessmy building shaH be greater in het{}ht !han the main structure. 24 _4 Area Reguiab-ons for Accessory Buildings in Single and Mult1-Famliy Dfstncts: (a) Size of Yards: (1) Front iard Attached front ac'"'ssory burldings shall nave a front yard not less tttan the m;;1n building or as specif..:.O m the particular d1stnct. Detached accessory Dwldlng.s shall be focated in the area detir.ed as the reaf yard. (2) Side Yard· The-re shalt be a side yard not less tha.n f)ve -'5J feet from any side iot line, alley fine or easemenl line; except mal adjacent to a side s~reet. the s•de yard shall never be less than ten (10) feet Re-ar Yard. There shall be a rear yard not iess than five \5! fee! fmm any iot line. alley line. or -easemrmt hne. Carports. garages, or other acces::;ory btii!dinys, located within the rear portion of a !ot as heretofore described shaU nof be located closer than f:h:een (15} teet to fhtJ mam buiiding nor nearer than five f5) feet lo any side lot line No accessory bui!riing or stmclure shali obs:-nJct lr.affic ·... ision in a triangle formed by !egs of foity {40) fee~ extendu1g honz:onlaily in ,zach direction trom the property comer 24_ 5 Outbuildings. As used hemirL an "outbuilding"' is defined as a struclure situatej on property ;z:oned for residential use. primarily intende(l robe used far mmor storage purposes, but not for !he stctage of automobiles or human or ammal habitation. The e-rection. installation. construction or use of an o-utbuilding shall be subject to the regu!al!ons as set forth hereirt (at No outbuilding shall be farger 1han one hundre-d nlnety~two ( 192) s-quare feet the- dimensions of which must qol exceed tw-elve fee-t ( 12') by sixteen feet (i 6') in width and length. (b) :\n outbuilding shall not exceed the height of the main structure The roof of the outhuilding shall not exceed the mof pitch or height of the primary structure (c) No mo1e than one outbuildmg shall be e1ected. placed. instailed or constructed on any lot (d) OutbuHdings may b-e of metal, wood at masonry constructiorL All outbuitd!ng must be- of a neutral color such as white. tan or brown: provided r1owever. the outbuitdmg: may bE:< lhe sarne- color of the primary srructure situated on the property which l.he outbuilding is h.iCated. AH exterior surfaces must be pa1nte-d or coated w1th a protective ma1-erial so a$ to prevent decay. rust or -delerioraHon due to weather and environme-nt. The floor of an outbuilding may be compnsed of concrete slab or ottter sirm!ar foundation or onder block. wood sial or uther sirnifar nonpermanent material or CJmposrth:m_ The outbuUd1ng may con tam electrical, water and any other utility connection necessar_" to serve the outbuilding with said utility{!es) Unless an outbuilding Is constructed and!or situated on a concrete siab foundation, skirting of ttle outbuilding ts required. W) Outbuildings must be -<uatcd on prop€'rty in compfianc-e wlth atl front. side and rear yard setback requirements. in the appJlc.able zonmg dtstrict. A.n o-utbuilding shall be located on a tot :;;uch that the ent;re struct-.;r-e 9•L1 of Ord No 13--09. adopted Feb 21. 2013 repealed§ 26(28.1~2G 3). whrch perta1neo to "SUP" Spec1f1c Use Permrt and denved from Ord No. 92-08. §§ 1-36 adopted Aug 25 1992; Ora. No 00-41. §_3. adopted Sept 26,2006: and Ord. No. 12-20. §_2. aooiJted March 27 2012 SECTION27 !:1,4 TTIN_(?J'.BQEJ;BTY N.QI PER~~'Y__F;_f;[[!,_Y._ZONED 27.1 The Planning and Zoning Commtssron shall not approve any plat of any subdivision withm the city hmils until the area covererl by lh" proposed pial shall nave been permanently zoned by the City Covr~cu 27.2 The Planning and Zonlng Cornmission shall not approve any plat or any subdhtJsion within any area where a petition or ordinance for an-nexation or a recommendation ror anne;"·elopmenl District" or "PO(sj" shalll:>e Res•dential or Non·ResHjentiai depend•ng on !he permitted uses in the Planned Development D•strict. (d) "Develcped" 01 •oevelopmMI" shall mean any manmade change to improved or unimproved real estate. ·ncluding but not limited to. bui>dings and/or other structures. paving. drainage, utilities, storage and/or agnculturat actiwhes. (e) "Reaevelop<:d" or "Redeve/op!'llf!nl" sha!! mean any toning chenge andlor manmade change or alteration to a design andior iayoul of an existing development(s) mcluding but nol fimited to, re-pair. expansion and/or removal and replacement of eklSting. bullding andtor structure. paving. drainage. ubHtles. storage and:or agncult'Jrat activities. Property rendered non-conforming oue to rezoning is exempf until su-e-.h tirne as there !5 a change in ownership or usage (f) "Developer' shall mean any person, flfm, corporaticn or entity responsible for the development or redevelopment of property. 3 Applicability (aj Requirements of this Ordinance shall apply to all property within the corporate limits of Melissa developed or redevelopea arter tne passage of this Ordinance. No Site develop~ plior to the effedtve date of this Ord10ance shall be reqwred to conform to the !am:iscap.ing requirements of this Ordinance unless the s1te iS be1ng redeveloped. Such property must. however comply with ordmances exJStmg at the time of its developMent. Once a "CertifiCate of Occupancy" is issued for single family, manufactured or duplex home sdes. the property becomes exempt from the developmental landscaping provisions of this Ordinanr..e. but must contmue to meet the tanctscaping maintenance and tree preserva11on provis1ons set forth heretn. {b) Trees less than lhree (3) inches caliper are exempt from the tree preservation requirements of this Ordinance B. Landscape Requirements. i .Non-Residential Dlstricrs Tt1ese standards shali appty to all Non~Resid~Ttliai Use or Otstncts Any area within a planned development district containing landscaping standards shall be reguiated by the more restnctive standards:. (a) The mtn1mum landsctl:p!Og area for nonresidential districts shaJJ b€" not !ess than ten {10} percent of the pavement area on the sHe Landscaping st1a!l include the following items as ctetal!ed in paragraphs (!3)(1)0Mllandsc.aping 1s required to equal ten ( 10) percent. {b) Landscaping Nong Street Rights-of-Way. All commerd.al, mdustlial and other non-resf(tentlal dlstric1s shafJ comply Wlth the tonowmg street scope requu,ements: (i} A landscaped t."dge shaU be prov1ded adjncent to alf streets The landscape-d edge shan be a minimum w1dth of ten (10} fee!, exclusive of street rights-of-way_ VVHhin the landscaped eage a mm1mum of one (1) shade tree {three {30 1n::r.es cahper rnirumum) or an approved ornamental tree shaH be planted per fwe hundred (500) square feel of landscaped area The ten-foo! landscaped edge may be reauced in the Reslncted Commerc:al (C·1) Distncl to no less than tlNO (2j feet where lots ar" less than two (2i acres In such case. a min1mum of one (1) shade tree (three (3) inche~ caliper mtn!mum) or an approved ornamental tree shall be planted for every fifty (SO> feet of frontage on any public street. {2) Yvtlere palt.ing lots and dnves abut the tandscapea edge ten {10J shrubs {f!vevgalian rmn1murn} shaJ~ be placed per r;ve hundred i500) square feet of landscaped edge The number of reQuired shrubs shan be calculated soleiy on the area of the required landscape edge. A berm may he ptaced within the iandscape\1 edge in fteu of the required shrubs, howe\t·er. a headhght $Green must be accommodated if reqwrect The berm must be forty~(wu {42) inches above the average grade of the street and part<;ing lot curbs. The s*ope of the berm shall not e:xceed a 3 to 1 grade. (3) lithe parking lot is iocaled fifty (50) !eel or mere frc.m the street right-of-way line. no shrubs or berms wiil be requ.red unless required for a headlight screen. (4) The applicant Is also encouraged to plant a variety of ornamental trees and flowers in addition to the reqwred plantings Any permeable surtace not occupied by tre~s. shrubs, planhng beds, stgns or other permitted fl.Uures shall be planted w;th turf or other livrng ground cover. (Si The required w1dth of fandscaped edge may he reduced during p!an review when pubhc improvements are necessary< (C) Interior Pati;mg Lot Landscaptng. Any non~residentia! pa-rkmg areu which contains rnore than twenty {20) park1ng spaces shall prowle- intenor landscap~ng m add1tior. to the required landscaped edge (1) intenor tanasca})ing shalt include a» areas withJn the paved boundarie~ of 1he park111g lot as well as plant:ng islands, curbed areas. corner lots, parlry twenty (20) parinQ is wi!hm fifty (50) feel ,,f residentially zoned property and is not screened from view by a screening wall. a continuous screen of shrubs {fiye-ga!lon mimmum} must be placed adjacent to !he parking The required landscapmg shall compl) w1th the iollowing regulatJons: http://I i brary .municode.com/print.aspx?h=&c lientfD= 13 54 3 &HTMRequest=http%3a%2f% ... 116/2014 Page 78 of 98 Municodc Page 43 of 62 (1) 1 he requ1re areas of the re>qU!red landscaped edge {b) VVhere parking lots anct dnves abut the !ands.:-.aped edge, ten (10J shrubs {f1ve (5;~ gallon minimum) shall be planted per ;tve hundred (500] square feet of landscaped edge. The number or reqwed trees shall be cal<:ulate1 solely on the area or llle required landscaped edge. t, berm may be placed within the iandscaped edge in lieu of !tie required shrt~bs, however. a hea:lli>;hl screen mustoe ar~ommodat•>ement!l are necessary (f) Parled edge E1gt>t (8) square feet of lanascap1ng fur eacr, pa1king spHce shail be n prov:ded within the paved boundaries, induding one ( shad.: tree {thre-e 13} inches caliper minimurn) {,If an approved ornamental tree per ten (1 0) parl<:ng spa<:es (g.i All landscaped areas shall be protected by a raised six-inch ccncre1e curb. Pavement shall nm be placed closer than the normal mature drrp 'me of the tree untess a Melissa staff approved root hamer 1:s utilized {h) One(1 J shade ln-se (three (3) mches caliper mmJmum) or ar, approveO ornamental tree per one thou sana { 1 .Of)C) square fe~t of requireo op:er; space sha" be prions of the following paragraphs relating to tre-e preservation and protection apply to real property as follows. (a) Ali vacant and undeveloped propetties are the re$ponS!bliity of the 0wnefis) {b) AJl property to be developed and redeveloped, Including wilhout timilation. any addttions or al!erahons. it the responsibt!ity of th~:- developer or owner. !c) Streets in resident'e and non-native trees. not commonty found in th!S area, w11! be disccvered oo land to be developed or redeve-loped in ~..1a1issa. In order to prov;.de tor such chan\1es and contingencies, a deterrntnation as to the appropriate classification of any new or unlisted unprdected tree shall be made as foUows: (a) The Cay Council, untq the Director of Community Development is in place, shall refer the ques!ton of any new or unl!sted unprotected tree to the Plannmg and Zonrng Comrnrssion requesling an int~rpretation as to the classification mto which su~.h tree should be placed The referral of the Interpretation quJS-stion shall b-e accompanied by a statement of facts !isbng the overall cnaracterishcs of the tree to include whether it is a native tre-e. ability to resist drought. ability to resist disease, ab-Jiity ~o resist destrucHon by pests common in thfs area, abih!y to resLst freez(ng weather, expected hfe unprotected features such as fhoms or dfscharge of nuisance by~products and ov-erall aesthetics" \b; The Planning and Zoning Comrmssion shall consider the combination of characteristics of the tree as comp.;:rea wittl ttje characteristics of the trees currently listed a• "unprotected" and determine whether the tree should be added to the list (c) 'lhe Plam1ing and Zoning Commission shall transmit its findings and recommendations tc• !he City Cound! as to the dassificat:on of the tree as "unprotected" or 'protected' The C1ty Council silall, by resolution, approve or disapprove of the recommenda!1on(s) 13. Guidel1nes for Tree Protection Developers shaH adhere to U1e follOWing tree protection guidelines on all consb·uctwn sites as applicable· (a) Prior !o construction or development. the developer shan clearly marl< all trees to be preserved (b} The developer shall erect a temporary fence around each tree or gr-oup of trees to prohibit the placement or· debris. parking of vehicles or fill vo~itMin the normal mature Orip hr.e of any tree. (c) During tht! construction stage ot development. the deveioper shall prOhibit cleaning of eq~Jipment or materials under itle canopy of any tree or group of trees to remain. In addition. !he develop-er shall not aHow the disposal of any waste matetial such as, among other thmgs. paint. oil. solvents. asphalt concrete, mortar. etc under the canopy of any tree or groups of trees to remain. (d) No attachments orwims of any kind. other than those of a protective nature, may be attached to .:my tree Ie) Major changes of graygen must be used. http:i/1 i brary .municode. com/print.aspx?h""&c lientTO== 13 54 3 &F!.TMRequest=http%3a%>2f% ... 1/6/2014 Page 80 of 98 .lVlunicode Page 45 of 62 (g) Fence row trees that exist ptimari!y m nearly a stra>gnlline along older or exis!ing property lines that generally, l>ut not always. run parallel to a fence. Fence row trees six (6) >nches caliper or greater in residential developments shall be preserved by providing a fifteen-foo~ protected area centered ""'ven and on,.ha!f (7Y,") feet on each side of the centertine. co and parallel to tne fence row trees. No utility. trench (including irrigation trenches), alley paving or permanent structure shall be allowed within !he area. Remo~al of trees six (6) inches caliper or lar~er Is allowed where an alley has back-to- back residential lots and access is needed to one side of the area These trees shalf be identified and removal of such will not require replacement All trees saved ttreive (12) in<'lles caliper and larger shall be conSldereo tor tree credil purposes. Fences mat are mslalled within !hrs area. which do nol Interfere wffh tile mdsl!ng trees. may be allowed. Fences proposed !o be located in fhe area shall have !he design and layout submitted to Melissa for revi! may, in Melissa's sole discrettOn, t>e issued when a tree(s)' (a) ts/are in1ured. dying, diseased or infested witn harmful Insects: (b) Is/are in danger of falling, interfere wJth utility servtce or create unsafe vision cfearanc.e; (c) In any manner. create(s) a hazardous or dangerous condition. as solely determined by Melissa. so as to endanger the public health. welfare or safety; 0' (d) Is/are located en real property having an Agricullur<>-Open Space zoned drsllict classiflcaticn or has/have an agricullure exemption lor taxation purposes. 2 Under no arcumstane:es shall the dear-cutting of trees on any· real property wtthin Mehssa be allowed prior to the issuance of a Tree Removal Permit for said property. Any tree removestrator. or his/her desljjnee. {bi The application for a Tree Removal Permit. lf requn-ed, shall be considered an integral part of the applica11on for dtvelopment plan approval and no development plan for any development subjecl to Ihe terms and prov1sions of this paragraph G shalt be approved w;tr.out sa1d Tree Removal PeriTiiL 4. Once a Tree Removai Permit has been issued. the treeslndic..'1ted to be cut 00\vn shall be completely removed from :ne stte within ninely (90} days. inducting all pol1ions of the tree:.s; down to and incluarng lhe trunk ro below the fin.snea or proposed fimshed graae on !he sile. All 'eplacement trees. transplanted trees or escrow fund• sufftcienllo comply with the requirements of this Ordinance shaH l:>e in place pnor to the 1ssuance of a "Certificate of Occupancy" or acceptance of any public 1mprovements on the subject property by Mehssa. H. Penalties for Unauthorized Remcval of Trees, If any tree is rnmoved tram any real property, including m;ury to a tree resulbng from !he owner's failure :o follow required tree protection guidelines. that rest~lts in or may reasonabty be expectect to result in the death of the subject tro.e{s}. the property owner shaH be determmed to be in viotation of this Ordif,ance-. L Replacement ofT rees. ln the event it is necessary to remove a tree six (6} inches caliper or targer. the deYeloper. builder or property owner shalf be require-d to replace the tree to toe removed With comparaOie or better spacio•JS trees somewhere within the planned development or subdfvfston fSee paragraphs (F}{5Hi n for tree preservation credits_)_ The City Councd (until the Community D-evelopment Department is lfl place) may allmv the trees to be located to other areas m Mahssa if !I is deemed necessary solely by Mehssa staff. and space is avaiiabJe. Otherwise. the developer. bwider or owner shan be required to escrow funds suffic1ent to meet the reqwrements of this Ordmance. 1. A sufficient number of trees shaU be planted to equal, in caliper. the caliper of the tree removed. Saul replacement lrees shal! be a minimum of three {3) inches caliper when planted, 2 Trees planled to sahsfy lands(;ape r~quirements that are indicated hereto. and success1ully transplanted trees, shall count toward the tree r~ptacem£-r:! requirements. inch for mctL Transplanted trees must successfully survive one- (1) fuil year after planting to count ?sa preserved tree 3 Protec~ed trees six \6) inch~s caliper or larger located m tl'le Restricted Commercia! District (C-1) will bf:! replaced at the following rate: (a) Trees twen!y-bJr (24) inches caliper or greater-One hundred {100) percent replacement required. (b) Trees less than twenty-four (24.l>nches caltper-Fifty (50) percent replacement reqtllmd 4 Credits may be applied as stated in paragraphs (F){5)-(11) above Recommenaed Trees For New Plantings_ Th-e foHO\-vmg is a list of recomme-nded high quality. long-living trees whictl are cn-nsidered suitable ior local soil coPdil!or!s and dimate. Other species may tl€ acceptabl-e with approval from lhe City Council (until the Community Develop men! Departrnent is established) Requi1ed trees shaH be a m!fiimum of three (3) inches caliper Immediately after plantrng 1 Overstory tShadej Tree-s: Ht?ight F-:ochum dtS-tirum urOak uercll!. macrocarua ,edar em Ulmus cras:sifoh1e exlcan Plum runi!S mexicana urplP. P1um ?runus cerasifera edbued free mulch 3. Turf Requirements. All turf areas must be established prior to Melissa's acc.eptance. The turf must have ninety '00) percent coverage and be weed free 4. /\JI site preparation. landscape and irrigation plans for areas to be tumed over and/or dedicated lo Melissa mus! be approved by the City Council. until the ParKs and Recreation Department is in place. 5 All trees must be back fitted w1th the native soiL and a miid fertilizer must be added to the backfill. The soil mus~ be free of rocks and debris. Ail trees mus! be staked outs1de o~ the rootbaH. 6. Warranty. All required trees and plant materials shaU be guaranteed lor one (1) year. Sod and turf must be mamtamed by the developer. bu!lcter or owner. whichever IS apphcaole. for at least one (1) year prior to Melissa's acceptance Or'd N\1 ~;.;:; adoo1.e-d 17~9-97 S~c '1 Or:!. f\Jo 05--18, adopted 2~:??>Ia! of reC{lrC. properly approved by the City Council. and filed in the Plat Recnrds of Collin County. Te•as. (b) The plot. tract or lot faces upon a dedicated street and was separately owned prior lo the effective date ol thn!ial alteration of uses. lots and/or slroctures which do not conform to currently appticatfe standards or regulations, but whiL"'h were in conformance with standards in place at the time of the1r mception, and have been rendered noncontorrning due to a change in the applicable standards and regulattons (A) Noncontorrnibes occur in three (3) general C\ltegones. or combinations thereof: (i) Nonconforming lots as des.cribed in Subsection 30.2(a)(li (legal Nonconrmmmg). For exampie. a nonconformmg lot can be nonconformfng as to lot area or dimension requirement (ii) NonC{lnformings!ructures as described l!l Subsection 30.2(al(1) (legal Nonconformmg). For example. a nonconforming structure can be nonconforming as to setback. yard or height lot area or dimension requirement (iii) Ncno>nformmg uses are uses as oescrii>ed in Subsecbon 30.2(a)(1) (legal Nonconlormmgl {8) U is the decfared in lent of this Section 3-0 that nonconformmg uses and structures eventually be eliminated and be :eq01red to comply with the regulatJons of this Ordinance. having due regard for the property nghts of the person affected. !he public wetlare and !he character of the surrounding area. (bl limit Incompatibility. It i• further the Intent 01 this Section 30 that nonconforming uses shall not be: (1) Enlarged upon. (2) Expanded or extended. or ('3} Used as a basis tor aad1ng other structures or uses proh1hfted elsewhere In the same district. (C) http://libmry.municode.com/print.aspx?h=&clientJD=l3543&HTlv1Request==http%3a%2f% ... 1/6/2014 Page 82 of 98 Municode Page 47 of 62 Incompatible Uses. Notwithstanding anything to the contrary herein. nonconforming uses are hereby declared incompatible with the permitted uses in t~e districts involved. 30.2 Establishment of Legal Nonconforming Status. (a) Existence. For purposes of interpretation of this Section 30. any uses. structures and/or lots which. in whole or part. are not in conformance with current zoning standards shall be considered as follows: (1) ·• 'legal Nonconforming. Those uses. structures or lots which in whole or part are not In conformance with current zoning standards; but were legally. established at a prior date at whiCh lime they were in conformance with applicable standards. SuCh uses. structures or lots may be maintained or potentially allered subject to the provisions of this Section 30. (2) Illegal Status. Those uses. structures or lots WhiCh, in whole or part. are not in conformance with current zoning standards and were not in conformance with applicable standards at the lime of their inceptiOn shall not be considered nonconforming. but shall be considered illegal uses, structures or lots and shall not be approved lor any alteration or expansion. and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued. (b) Time of Adoption. Any use. platted lot and/or structure is a lawful use at the time of the adoption of any amendment to this Ordinance. but by suCh amendment is placed in a district wherein such use. platted lot and/or structure is not otherwise permitted shall be deemed legal nonconforming. (c) Annexation. If a use, platted lot and/or structure was in existence at the time of annexation to the City and has since been in regular and continuous use shaft be deemed legal nonconforming. 30.3 Burden of Demonsltalion. The burden of establishing that any nonconformity is a legal nonconformity as defined in this Section 30 shall be borne by the owner or proponent of suCh nonconformity. 30.4 Continuing Lawful Use of Property and Existence of Structures. (a) Abandonment of Nonconforming Use. If a nonconforming use on a particular parcel of land shall cease operations for a period of more than six (6) months. then suCh nonconforming use shall be deemed to be permanently abandoned. For the purpose of this paragraph. to "cease operations' shall mean to intentionaNy terminate operations of the nonconforming use. Any nonconforming use whiCh does not involve a permanent type of structure or operation and whiCh is moved from the premises shall be considered to have been abandoned. (b) Prohibited Expansion or Reoccupalion. A nonconforming use or structure shall not be expanded, reoccupied w~h another nonconform1ng use or increased as of the etfecllve date of th1s Ordinance. except as provided in Subsection 30.6 (Expansion of Nonconforming Uses and Slructures). (c) Single Famiy Residential Uses. (1) Conforming single family residential uses on platted lots approved prior to February 28, 2013. whiCh may now be nonconforming due to stricter standards. shall be deemed in conformance wHh this Ordinance as long as the use of the lot is allowed in the respective district (2) Only lhe lot size. depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in whiCh it is located. All other regulations of this Ordinance shall be met. or the lot shall be considered nonconforming. (d) Existing PlaUed Lots are Conforming Lots. Any existing vacant lot platted prior to February 28. 2013, which was legally conforming, shaH be deemed a conforming lot. 30.5 Changing Uses and Nonconforming R1ghts. (a) Nonconforming Use to Conforming Use. Any nonconforming use may be changed to a conforming use, and once such change is made. the use shall not be changed back to a nonconforming use. (b) Nonconfonning Use to another Nonconforming Use. A nonconforming use may not be changed to another nonconforming use. (c) Conforming Use in a Nonconforming Structure. Wlere a conforming use is located in a nonconforming structure. the use may be changed to another conforming use provided the folloWing critena are met: (1) Regardless of Whether the land upon which the nonconforming structure is located has been previously platted. in any way. no conforming use may be operated within said nonconforming structure unless and until any and all dedications and conveyances (whether in fee simple. by easement or otheowise) are dedicated. conveyed and granted to the City in accordance with.Mickt 9 ..lJ)O (Subdivision Ordinance Adopted). as amended. of the City's Code ot Ordinances. and in the form reasonably required by the City; (2) Compliance with Article 3.100 (Construction Codes). as amended. ot the City's Code of Ordinances; and (3) Compijance with the process ouUined in Subsection 30.6 (Expansion of Nonconforming Use and Structures). NOTWITHSTANDING THE FOREGOING SUBSECTION 30.5(C) (CONFORMING USE IN A NONCONFORMING STRUCTURE). CHAPTER 245. TEX. LOC. GOV'T CODE. AS AMENDED. ("CHAPTER 245") SHALL NOT APPlY TO THE REQUIREMENTS SET FORTH IN THIS SUBSECTION 30.5(C). IF A CLAIM IS MADE AGAINST THE CITY UNDER CHAPTER 245 VIIITH REGARD TO THIS SUBSECTION 30.5(C). THE OPTION SET FORTH IN THIS SUBSECTION 30.5(C) SHALL NOT APPLY AND/OR BE MADE AVAILABLE TO AN APPLICANT SEEKING RELIEF UNDER SUBSECTION 30.5(C). 30.6 Expansion of Nonconforming Uses and Structutes. An expansion of a nonconforming use or structure is allowed in accordance with the following. (a) Nonconforming Use Expansion In Existing Building. A nonconforming use located within a building may be extended throughout the elristing building, provided: ( 1) No structural alteration may be mede on or in the building except those required by law to preserve suCh building In a slructurally sound condition. (2) The number of dwelling units or rooms in a nonconforming residential use shan not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use. (b) Nonconforming Use Prohibited from Expansion beyOnd Existing Building. A nonconforming use within a building shall not be extended to occupy any land outside the building. (c) on-Street Loading and Parking. A nonconforming use of land or building shal not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the land or building became a nonconforming use. except to provide off-street loading or oil-street parking space. (d) Residential Lot Exemption. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required whiCh was an official ,ot of record" prior to February 28, 2013. may be used for a single family dwelling. (e) Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed. Buildings or structures whiCh have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use, provided the appficant complies with the requirements of Subsections 30.5(c) (Conforming Use in a Nonconforming Structure) and 30.6 (Expansion of Nonconforming Use and Structures). 30.7 Restoralion of Nonconfonning Slrucltt~es. (a) Total Destruction. If a nonconforming structure is destroyed by fire. the elements or other cause. it may not be rebuilt except to conform to the provisions of this Ordinance. (b) Partial Destruction. In the case of partial deslruction of a nonconforming structure not exceeding fifty-one percent (51%) of its total appraised value as detannined by the Collin County Appraisal District. reconatruc:lion wll be permitted. but the existing square footage or function of the nonconforming structure cannot be expanded. 30.8 Movement of Nonconfotming Structures. (a) Relocation of a Nonconforming Structure within a Platted Lot Nonconforming slructures may be relocated within the same platted lot. (b) Compliance. Nonconforming structures shall comply wHh al setback and screening requirements. http://library.municode.com/print.aspx?h=&clientlD=l3543&HTMRequest=http%3a%2fOio... 1/6/2014 Page 83 of 98 Municode Page 48 of62 30.9 CompleiJon of Structures Nothing herein contained shall require any change in the plans. construction or designated use Of the !?flowing. (a) Approved Building. A buildmg or structure for wnich a building permit has been issued or a Site Plan approved prior to February 26. 2013. (b) Building in the Approvai Process. A building or sttuctwe for Which a complete application for a building permil was accepted !)y the Chief Bwlding Official on or before the effective dale of these regulations: provided. however, that such building permit shall comply with all applicable ordinances in effect on the dale such application was filed. 30.10 Amortization of Nonconforming Uses. {a) lnitiatton of Compli~nce Case_ Any person who resides or owns real property in the City may request that the City Council establish a compliance oate for a nonconforming use (b) Publlc Heanng Process Upon receivmg a request und!'!r Subsect1on 30.10(a) (lnit!Dtion of Compliance Case). C1ty sraff shaH schedule the First Public Hearing before the City Council {1) Ftrst Pubttc Hearing The City Council shall hoid a public hearing to determtne whether th€ continued operation of the nonconforming use w11l have an advllI has deterrruned al the firs! public hearing lhallhe nonco~fonnmg use will havE an adverse effect on nearby properties.'' d to make its determinaHo!l of a compliance date based upon any reasonably avai!aOle public records, as weff as public testfmo:1y at the nearing Fa1ture by owner to provtde the requested tnarn:;:al documen!s and/or recorDs sha!i not prevent the City Ct:ur"'dl from setting a compliance cUH€- 30 11 Ceasing Operations. 1f !he City Council estabitsnes a cornphance date for a nortconfonnmg use, the use must cease operat1ons on thal date and 1t may not operate thereafter unless H becomes .a conformmg use. 30. 12 Definitions_ For purpo-se~ of thiS Section 30, "'owner'' means ttte owner of the nonr;onforming use at the lime of the City Council'~ detetrrHnahon of a compliance date for tht: ncncon!ormir:g us..e 30 13 Pinaiify of Cecis:ons (a} Oeasmns lhat Cannot be !mmediately Appealed A aecis!oq by the City Council that the continued operatt011 of., noncontorrnrng use will nave an ad-verse effect on ooighbonng nmperty. and the City Council's deosion to schedule a second public tte:arir:g to establish a compimnce date IS fmal {b) Decis1on to Deny a RBqLest to Establish a Compliance Date_ A oecHJ.km by the City Couna! to deny a request to estabhsh a CQmphance date 1s f1nal ~nless appealed to a Collin County Stale Court wrthin tan (10) calendar days"' accordance with Chapter 2: 1, Texas Local Government Code. as amended (c) Detisian Setttng a Carnpliance Date. A decision by the City Coundt settrng a compliance dat-e is final unless appf:alttd to a Collin County State Coun witf".ln ff'n {10) calendar days in accordance w!ttJ Chapter 211. Texas tocai Government Code. as amenoed. [On:! No 03p20. adopUra 9-9·03. 5«. 2: o.-o tvo O!i~ 15, adapri!H11·25-05 $ec :tOrr! No 134J5 sdootenclude the future tense. (2) worns used in the sJngu!at" number include the plural number. (3) Words in lhe plural numoer Include the singular number. (4} The words "building" and "'structure" are synonymous. (5) The words '1ol". "plot" Bnd "tract" are synonymous. (6) The word "shall" is mandatory and not discretionary. 31.2 General Definitions. For the purpose of this Comprehensive Zoning Ordinance, certain terms and words are to be used and mterpr€ted as defined hereinafter Words used in U1e present tense shaH mclude the future tense: words in the singular number include the plural and words in the plural number include the singular. except where the natural constr-tJCtlon of the writmg mdtcat-es ofherwme. The word shaH 1s mandatory and not discret1cnary. The fo!lowtng are the Comprehensive Zomng Ordinance definitions, Accessory StllJctum. Any structure either attached or detached from tne main dwelling. l!>e use of which ls incidental lo lhat of the main structure and la<:ated oo the same lot Accessory structures mclm.le, bul are not limited to, patio covers. arbors, gazebos. cabanas. outdoor kitchens and/or recreahona! fire enclosures. trellis and structures/sheds or the like. A permit is mquited for aU accessory structures. Also referred to as an •accessory bwlding·. AccessOly use_ A subordinate use which is incidental to the main or primary use http://lihrary.municode.com/print.aspx?h=&clientiD==I3543&HTMRequcst=ht1p%3a%2fl/o.,. 1/6/2014 Page 84 of 98 Municode Page .J-9 of 62 Acts of Natu"" An extraorclmary intem•ption by a natural oause (Such as a flood or earthquake) of the usual courS<' of events that experience. presc•ence or care cannot reasonably foresee or prevent Advertismg Sign or Strucluflll. Any cloth, card. paper. metal. glass. wooden, plastic, plaster or stone Sign or other S.Aduals, generally persons fifty-five (55) years of age or older. with common dining and recreational areas ctesignect for the needs of the clderty _Sefvices ln these estabhshments include assistance with routine living fundions lhal are no-n- medical !n nature, such as dressing, grooming. bathing, and social and re("Aeationat services. such as meal servk;es. transportation, housekeeptng. tinen ana organized so-:ia! activities. An assisted living facility mny indude an aduft ctay~care as an accessory use. Alhleac Stadium or Field. Pnvate A private fteld(s) and structure !Jsed for spcnlng events with associated spectator seating. either permanent or temporary. Athletic Stadium or Field, Pul)ltc A field(s) and struelure owned and operated by the CHy and!0r a loc.sile fuels. lubricants. and automobile accessories; the minor repair m replacement of parts and performing state- inspections and making minor repairs necessary to pass said inspection, automobile detaihng: window tmting and the sal-es and installation of automobile radios Uses listed und~r "Automobfle Repair, Major" or any other stmilar uses nre not induded. Venic!es. which are inoperative or are being repaired. may not remain parked outskte for a period greater than seven(?) calendar days. Automobfie Safes. Used. Sales ot used automobites ot light toad veh1cles. Automobile Sale-s/Leasing, New. Sales. rental and/or leasing of new automobiles Oi light load vehicles. inc!uding. as accessory uses· Automobile Safes. Used: Automobile Repair. t,~1ajor. and Automobile Storage Automobile Stomge. 'The storage on a lot or tract of operable automobiles for the purpose of holding such vehic1e-s fm sale, lease. distribution or storage BanK Savings and Loan or Credit Umon. An estabfishnJe:ot for !he custody, !can, exchange or !sst~t~ of money, the e'lctension of credit andlor fac1htating the transmisston of funds, in~uding automated tetter machines. Basement (or Cellar). A. stvry partly or whoUy underground. For purposes or heignt measurement. a basemen! shan be counted as a sto.')' when more than one-half {il) of its height is above the average level of the adjoining ground or when subdw1ded ano used for commercsaf or ctweHmg rn. apose;:;. by other than a janitor employed en the pfemises. Beauty Sa;onlBarber Si1op. Eslattishments primarily engaged ln providing services generail~ invofverJ m !he care of the person or hts appsre! inducting. but not limited to. barber and beauty shops. tanning salons aar piercing shops. cosmetic taHootng st1ops and redvcmg salons. Bed and Breakfast inn. An owner (or operaton occup-ed resJd!?nce \'.lith up tc five \5) bedrcoms available for overnighl guests A Bed and BreaHast Inn may provide for guest stays up to founeen (14) consecutiVe calendar days. however. it shall not offer weekly rental rates Kllchen and dimng fac!lihes may be included to provrde meals for guests only; however. no food orep..Jrahon shall be permitted m guest teuroorns A Bed and Breakfast !nr; shall not indude restaurants, bana;.:e: facilltles or similar services. Big Box Retail Deve-lopment lJNess specifically prOV!Ced otherwise ~n a spec; a! drstnct BiQ Box uses are defined as single tenant retai! buildings otter seventy thousand (70,000) square feel. BlocX. A grouprng of resJdent!allots (an-d their alleys) that are partially Cf fully Surrounded by one or mere streets. A, block COnSIStS of one n) Of twO {2) t!€:"S Of lOtS Lots that are separated by an alley are in the same block. but lots that a•e separat£->d by a slreet are in different blocks. Block Face. The portion of a blo<:k thai abuls a street. Block Length. The length of the bloc!\ face between two (21 mlersections. Board of Actjustm•nt. fhe Board of AdJUStment of the Crty of Melfssa B:.11fdabfe Area. The allm·;abie area a¥atlable to construct a building or structure after COfPpiying with the City's applicable sel back and maximum lot coverage reqwrements. Buildmg. Any struc:ture usee or intended for supporting or shelff'::'rir.g any use or occupancy Building. Mam fn a nonresident:~! district a build1ng in wtwjl the pnncipal use of !he rot on which it is situated is conducted Jn a resider;ttal dis1rict any [r.velfmg Uqit Area shaH be deemed to be a ma;n building on the lol on WhiCh it 1s S!tua!ed Building He;gnt The vertical distance between the average of the highest and lowest points of grade of !hat portion or tile lot covered by the buiid!ng to the tHg!";est point of a structure. Building Line. A l!r.e paraHel. or approximate!)~' parallel, to .any front \OI lir.e at a specific distance ther-efrom. marking the mimmum distance from the front lot line !ha! a building may be erected Building Matenal arret Hardwaffi Sales M.ajor An establls~ment for lhe sale of ma!eri;;'!;!S customari\y used in the constn.J>:;tlcn or bUltdings and other strue!ures. ~ncludfngoutstde storage or d!splay of materi.lfS or merchandise. Building Matenai and Hard~.t·.!Jm Sales. Minor. An establishment fcH tn& sate of matefia!s customarily used in the constnJcilfm of buildmgs and other sfructures, without any outside storage or display of materials or merchan-dise. Building Offioai. Chief. The inspe<::tor or adminrstrative offrcial charged With responsibility for issuing permits and enforcing the Comprehensive Zoning Or~rnance and applicable construction codes, as aoopted by the City and set forth in,'\1.1•~1~,;lJ_QQ (Construct•on Codes) of the Melissa Code o! Ordinances Build-ta-Une A line parallel. cr approximately parallel, to any lot line at a speclfic dlstanl:"' therefrom. mar1<1ng the minimum distance from lhe lot line that a building may be erected, and marking !he bu!lding envelope, which is the area in which a Oui!d!ng may be erected. Building Size. See Building, Main Business Ser-?ice. An eslaJJlishmeJ!t primarity engage-d in providing services nor elsewhere dass!fied. to business enterprises on a fee contract basts, inc!uding, but not limited to, advertising agencies. c.ompuler programming and software services. and office equipment sates. rental, Iessing or repair Cabinet'Upholstery Snop An ~s!ablishment tor the production. display, and sale of cabmets, fwniture and soft coverings !or furniture Carport. A. structure open on a minimum of t\.-vo sides designed or used io shelter not more than three (3) vehicles. and not to e-xceed twenty~four t24) feet on its longest dimension_ Also catied "covf:red parking area". Car wash. Fu!l $t!rvice. A facility ...vhere a customer can hav~ a motorcycle, automobile and light loud vehtc!e washed in exchange for financial consideration Car Wasil, Self Service A facility. typically coin operated as a place of work.. for a gymnast, dancer, or martial artist or for instrwctionai classes in gyrnna.stics, dance or martial arts. Han. Dance. An eslablishrnen! cpen to the general public for enterta,nment. in particular. dancrng 1-ia!J, Reception1'!3anquet!Mee1in.g. .A. bw!ding, facility, room. or portkm thereoL wl!iC!l is rented. teased or othe!1Yise made available tc any p~rson or group for a private event funct~on. tt':at iS not open to the general public, whether or not a fee is charged Health/Fitness Center. A pubifc or pnvate facility operated to promote physical heafth and fitness Ar:!ivities may include exerc:se. physrca! thera:ny, trainmg. and etlucation pertainrng to llealth and fitness. Uses or combinations of uses or facilities would typically Include. bul are not limite11o, game courts. we'l)ht lifllng and exercise equiprnerH. aerobics. SWimming pools and spas and running or ]oggmg tracks. Heavy Loed Vehicle. A se!f-propeJied veh1cle havrng a Manufac!urer·s Recommended Gross Vehtcle \'Jeight (GVW) or greater than eleven thousand (11 ,000) pounds. such as !arge recreational vehicles {onginally manufactured as RVs, not converted), tractor-trailers, buses, t.tans. and other shmlar v€h!Cies. The term "true!<~ shail be construed to mean "Heavy Loa~ Vehicle" unless specifically stated otherwise. Uefistop. An accessory use where helicopters car. !and and take off but excfuding refuehng, maintenance rep~irs; and storage of helicaplers. Home Occupation An occupation. which is secondary to the primary use of a dwelling as .a tijSidence. conducted on residential prermses by the occupant of !he residence Hcmebuildet Design Center. A bailding or .structure usetl for the marketing and sale of luts or homes. Hospital. An mstiturion providing primary health ser.tices and rnt"d!c.aJ or surg1cal care to persons. primarily inpatients. suft'ering from illness, disease. injury, dek:rrniry, anj other abi"Jormal physical o: mer~tal cdlh :s multrplied by lot depth. Lot Frontage That dimension of a lot or portion of a lot abutting on a street, excluding the side dimens1on of a come: loL Lot Line. ,cront The narrowet side of the iot abut1ing a street V\lhere two {2} lot tines abutting streets are of equal length: the owner shall have a choice in designating Which shai! be the tot frontage For a lot which has a boundary line wtl1ch does not abut the front street line. i:s not a rear lot line and ties along the same generai directional onentation as the front and: rear lot lines. said line shall be considered a front lot !ine in estabhshmg rmmmum setb~ck lines. Lot Line, Rear. The lot line fartnesl from and most parallel to the front lot line For tnangular lots the point opposite me front lot line shall t>e considered the rear lot Une and have a vaJue or zero Lot LJnet Sreie. Any fot line nc! the front or teai lot line. Lot Lmes or Property Lines The lines bouf'lding a io! as def1ned herein, pr0vH.:Jed_ howr~ver. "Property Lme~ when used br the purpose of eslabllshmg measurement requirements for !he sate of any type of aiCQholic beverage shell mean the nearest property line ol the lot wnere the sale ol any type of alc.olwlic beverage may ocwr. without regard to mtervemng stru(:tures or Objects. to the nearest pronertt' line of the !ot where the church. public hosp1taL publiC sctu-Jol, pnva~e school and/or res1der.t:ai zoning drstnct, as applicable. is located Lot of Record. A 101 vvh!Ch is part of a subdtvision. the plat of wtnc.'l has been recorded m !he off1ce or the County ClerK of CoHm or a lo! svbdiv!Clf.'O by metes and bounds C""'er. A bwldmg primarily devoted lo storage, "'arehousmg and distribution of goods. merchandise. supplies. and eqwpment Accessory uses may include retail and wholesale sales areas. sales offices and display areas lor products sold and drsinbulcd from \he storage and warehousing areas. OffiCially Approved Place ol Access, Access. other than a deti•cated street. to a property. which is approved oy the City, Oil Wel!tGas Wefl and lVhneraf E.:r;traction. Area tJSed for development and production and all operationai activities aSS{JCJated w1th oil and gas for any well dnHed, to be drilled. or used lor the intended or acluai production of oil or natural gas, or a well classified as an oi! or gas we!! under the laws of !he State of Texas Mmerai exirachon is the process of extracting sand. graveL s1one or other mtneralsinatural resources from the earth Open Ornamental Fence Fencing constructed with wrought iron. tubular steel or similar materials and designed to allow for partial visibility from one side of the fence to the other Open omamentai fences rnay 11ave solid masonry fo-unaattcns, colwnns or similar featu;es. Chain link fences are not included in t"lis definition. Outside Merchandise D1spJay. tntJdental Use. A temporary disp'ay of merchandise for sale outstdc of a building for no rnt."ire than seventy~two {7Z) hours. Outside Storage ami Display, Primary Use, A pnmary land use pr,- or a PfaJ'l for Development. An admimstratively comptete application for a PrP!fmmary Site Pia11 or Site Pian An applica!Km for a Preliminary Site Ptan or Site Ptan shall be constdere-1 admmistrative!y comp!ere when all information required lo be subm!tte-::'-1 tor consideration has been rece1ved by the City. m addit100 to any reqwred ft:~es Planned DevY:IDp>'nent Dtstnct Planned associations of uses dev~!ope-d as integral land use units such as mdustrjar parks or industrial d;stricts. offices. commercJal or service centers, shopping ceruers. residential cteve!oprnents of muttiple or mixed housing, including attached single family dwellings or any appropnate combination of uses. which may be planned. developed or operah!d or tntegral iand use tmits either by a single owner or a cnmbinat10n of owners Ptanning & Zoning Commtss~on A board. app..':':!inted by the City Cmmdl as an advisory body authonzed to recommend changes in the zoning and -o!her planning tundions as delegated by the City Cf)UHCJL Afso referred lo as the ..Commission'". Plat. A plan of a suodiv;ston ct !and creating building fots and showmg all essential o!mensions and o!her informatiOn essential to comply with the subdi'i·ision standards of the City and suOJect to approval- by the Planning & Zomng Commrss•on and filea in the plat records of Collin County. Flot. A single unit or parcel of land Umt can be identified and referooood to a recorded plat or map. Portable Building Sales. An establishment that displays and sen.s structures which ar-e capable of being carried and tran3pcrted to another location. sometimes referred to as Portable on Demand (POD) Storage Untts, but spedficalfy excluding manufactured homes. Premises. Land together w1th any buildings or structures Situated lh?.reon. Primary Use. The prinopal or predunnnant use of any lot or bui!d•ng Print Shop, M-ajor An establishment -speziahzing in long·run printing operat1ons including. but not l.!mited to, book, magaz:ne, and newspaper pubhshmg usmg engraving, die cutting, lithography and thennogmphy processes_ Print Shop. Minor An es!ab!ist~ment spe-cializing in short-run operations to produce newsletters. flyers. resumes, maps, conslruction documents and plans, and S-Imilar materiats us~ng photocopying. duplicating and blue printmg proce~ses. This definition shall inClude mailing and shippmg "Services. but exc!ude5 the on~ site storage of heavy load fieet vehicles Pnvate Club, An establishment holding a Pnvate Club permit under Chapter 32 or 33 of tl·•e TEX ALC 8EV. CODE. as amended. that derives thirty-five percent {35%) or more of its gros& revenue from the sale or Sverab!e resourc~s. such as newspapers, magazmes. books. and other paper products: gla>s. merai cans. and othei products are recycled. reprocessed, and trea!ed to return such products to a condition in wtuch lhey may again be used for productton. Redevelopment. Any manmade change or alteration to a das1gn anO/or layout 0f an extstmg 0ey-e!oprr..enHs1 \ndua1ng repair. expans10n a:1d.r'or removal and tep!acement of existing buildmg andtor structure. pavrng dra1nage. utiliftes. storage and!a agncuHural u::.es Rehabilitation Cate lnstiiLlfion. Subjec1 to being licens-ed to op~r~te by the Texas Department of Aging and Disabiiity Serv1ces (DADS,, a facility whi-ch provides residence and caret!) ten ( 10) or more persons, regardless ollegal relahonsnip, who nave demonstrateo a tendency towaro: aicohoiism, drug abuse. mental itfness. or aniisocJal or cnminal conduct together wiih sopervisory personnel Rehab!l!taton fn~Home Care Subject to being ficensed to 0perate by the Texas Department of Agmg and Disability Services (DAOSL a dweHing unit wh1ch prov1des res1dence and care ton~ more than rane (9} persons regardless of legal relationshlp who have demonstrated: a tenoency towards atcohohsm, dn~g abust:L mentaf ~uness, or ant! social or cri-mmal conduct hvmg tef)ethe-r wtln not more than tvvo (2! supervisory personnel as a smgle housekeeptng uml. Research and Oeve-lopment Center A facWty H1at includes laboratories and ey.perimental equipmen1 for medical testing prototype \!es.igr. and development. and produc1 testmg Any facinty that is del ermined by heal1h. fire or bUJld1r.g officials to be a nazard or m.nsance to adJacent property or the communiTy at large due to !:ne possible emtSS!on of excessive srnoke, noise. gas. fumes. dust, odor or vibration or the danger of fire. explosi-on or rad1ation js ncl to be included in this category F?e.su:Jence. Any building Of oortlon thereof. \'lhfch IS d!:!s:gned or used as hving quarters for one ( 1) or more househoJ<;s Residence Hotel (Extended Stay Hoten A !:n.ti!d1ng or group of bwldings used as a temporal"'{ dwef!mg place for indivnjuais in exv'lange for financtai cor;siderafrun where customary hotel services such as linen. housekeeping S-ef'-ltce and teiephone an: prov1ded Res1dence Hole! room un•ts are designed to be sv!table for long term occupancy l\1th financiaJ consideratmn being calcula!ed on a nigt;~ty. weP.kly. andior mcnttH'f basis. Typrcai Res1tienr.-e Hotel attributes 1nc!ude, but are not fimited tc. kitchen faciiJttes, two-story design and extemal doorways into room units Residential DIStrict District where the pnmary purpose IS res1der.tm! usA. Restaurant or Cafetena An eslabiishment where food and dnnk are prepared and consumed pnmarily on the premiset. Orlve-·through windows are permtfte::!. Restaurant, Drive.rn An eating establishment where primarily food or drink is ser.'e!J 10 customers in motor vehicles or where facilities are provided on the premises v.'h!ch encourage t11e serJmg and consumpticn of tood in automobiles on Of near lhe resta~rant premlses Retail Stores and $hops. An establishment engaJed in !he selling of goods and mer:::har:d1se tn the gene;a! public for persona! 01 household consumptwn and rendering services inc~dental to the sale of such goods. RelatL'Service. Incidental Any <~Se different from the primary use but which complements andior supplements the primary use. Said use shall be operated lor the benefit or convenience oi the employees. visitors or customers of the primary use. lncJdentat shall mean an !!rea that constitutes not more than fifteen percent (15%! of ttte main use. Room. A building or portion 0f a building that i:; arranged, oc:up1ed, or lnlended to be occup:ed as !iv1ng or sleepmg quarters, bt,t no! includmg toile! or cook:1ng facilities. Sate!IJte Drsh Antenna. AJ1 oval or round. parabohc apparatu-s capable ot receiving te!evlS!On communicatJOns . Scnool, Private. '' schooi operated by a private or reltgious agency or corporahon other than an mdependent school district, havmg a cuniculum generally equivalent lo a public elementary or secondary school. School, Public. A. school operated by an independent school district and providing ele:rtentaty or secondary curriculum Scl'1oof District Bus Yard. Any premises owned andlor operated by an mdependent school distnct used fo1 !he parking anc storage of motor·dnven buses Sewa!l'J Tmatment Plant/Pumping Station. A facility owned and/or operated by a plivate entity lhet is designed for the wffection removal, treatment, and/or di•posal of wa1er borne sewage but not including off· site sewer facilities/sept;c. Sexually Oriented Uses. Sexualfy oriented estabtfshments and businesses as define-d in_J?-[1i9:.£L~.,2.QQ {Sexually Ori-ented Business~s} of the Me!issa Code of Ordinances. Sexually o:-mnted uses include, but are not limited to, adul! bookstore, adult vweo store, aduit theater adutt cabaret, sexual encounter cen~er and nude modehng center. http://library.municode.com/printaspx?h=&clientiD=l3543&11TMRequcst=http%3a%2f% ... 11612014 Page 93 of 98 Municode Page 58 of 6:2 Shopping Center A group a' pnmafily retail 3nd service commercial establishments planned. constructed and managed as a total entity with customer and employee parking provided on-site. provis1on !or goods detwed. A buildmg having separate a;;commodations for. and occupied by not more than, two (2) households, whereby each indiv•dual dwelling unit is located on a separate iot of record as a result of the property line being coincident with the common wall separating each dwelling unil. such that dwelfing unus may be individually owned. Single Family Residence DetaCiled A dwelling designeStnbuled as a reward or charitable dcnabon Slcry. That portion or a bw!ding 1nciudeo between the upper 3utface or a floor and tile upper ~urface of lh..~pam ot tne wort< area must aiso be a permanent res.P:lent of the dwcl!tng unit AH activd!es assooate-d W!th the stud1o shali take place- in ~he rrlmary structure as opposed !o an accessory bwldfng or yard. Ta)(idermst. An establishment whose pnncipal busmess is the pract;ce of preparing, stuffing, and mounting !he skms of dead an.mals for exh;billon in a lifelike state. Telephone Exchange. A cemral svntching hub servicing the public m large in Which telephone lines are connected to penr"!it commurucation Temporary Buifd111g Ar industna!ized 0r rnoduiar building or structuri: W1thout a permaneni foundatton shalt be consideref or a combined seaung capadtv greater than twr: thousand five twn\1red {.2,500}. Townnome A structure con:ainrng three (3) to eight (8\ dwelling •.m:~s with each unit designee foe occupancy by one household and eacn unit anached to another by a common wall, Tract. An un-platted area, parcel, site, piece of land, or property that is the subJeCt of a zomng: or development applicabon. Trailer, Haulmg A vehtde to be pulled behind an automobile or truck which IS designed for hauling animals. produce, goods or cornmod1ties. including boats. Trailer, Travel or Camping A pcrlabie or mobile living unil used for temporary human occupancy away from the place of residence of the o~-cupants. and not ccnstitutir;g the pnncipal place of residence of the occupants designed to be towed behind another vehicle. Trailer Rental The display and ~ffering lor rent of trailers designed to be towed by light load vehicles. Trailet/Manufactu~d Horn~ Display and Safes. The offenng for sale storage, or display of trailers or manufactureQ homes on a parcel of land but excluding the use of such facilities as dwellings e1ther on a temporary or permanent basis. Transit Centar Any prem1ses, lnclud;ng lrain or bus statrons. for the loading and unloading of passengers and the lernporary parking of transit vehicles oetween routes or durfng stopovers and exclud1ng ovemtgt1t parkmg and storage of transtt vehicles Tlllck. A !ight or heevy loao veh1cle. tSee Light and Heavy Load Vellicle.) Truck Sales. Heavy Trucks Ttle- displav. storage, sate, !eas,ng, or rental of new or used panel trucks, van~. trailers, recreat,onal vehicles or buses in operable condition." rmck rermmal An area and building where cargo is stored and where trucks, includ1!1g tractors and trailer units, load and unload cmga on a regular basis. including faCJifties tor the temporary storage of loads prior to shipment. Trvck!Bus Repaw An establishment prov1dmg mf.ljor and mmor repair services to panet trucks. vans. trailers. recreational vehicles or buses. http ://library .rn unicode. com/ pri nt.aspx?h=&c l ientiD= 13543&HTMRequest=http17o3a0/o2f% ... 1/6/2014 - Page 94 of 98 Municode Page 59 of62 Two Family Residence (Doole<) A detached dwelling designed with a common vertical wall between units and to be <;ccupied oy t.vo (2) households living independenlly of each other. Urban Mixed Use, A development or portion or a development !hat includes a mixture of resideniiai and nonresidential uses in a configuration where a ma;ority of the buildings are two or more stories tal! and pedestrian oriented. Usable Open Space (A) Usable Open Space. ( 1) An area or recreationallaci!i!y ftlat IS d»S1gned and intended to be used for outdoor livi,1g and/or recreation (8) Space Defin<>d. {1} AA area of common usable open spac...e· {a) Shall have a slope not exceeding ten percent (1G%l: {b) Shall have no dimension olless !han fifteen (15) feet: and {C) May JnoC-it1de recreational fncllitles. water fecnures, require:..! perimeter landscape areas. floodplain areas and decorative objects such as ar1 wofi.: or fountatns. (C) Usable open space shall not include: (1) Wblks: (2) Rooftops; (3) }l.ccessory bwhimgs. except !hose pO£iions or any bUilding Jt, StK 3: Otd. No 0S.16. adopt&IJ 1-2$05. Sec 4. 01'1 No. 06·41. aoopted9-21Nl6 $"". 4, Oro lVa. !J-06. adopM:t Z·12-13 Sec 4: 0!!1. No. 13·21. adopted<-23- 13_ Sec 7) SECTION 32 CERTIFI\;Hff.$._01" OCCUP/Y1£Y. 32.1 Certificate of Occupancy Required· No permanent structure <:·.on-structed. remodeled. enlarged or otherv'i/tse located within th?. city limits rnay be occupied prior to issuance of a certificate of occupancy by the Buildmg Inspector. No change in the existing oonformtng use of a pP.rmanent structure or of land to a use of a differenl classification under this ordinance. ar.,d no change in the legally conforming use of a pe1manent structure or of tan-d may tak-e place prior to issuance of a certificate of occupancy by the Building Inspector 32.2 Procedure lor Vacant Land or a Change in Use: Written application for a ce-rJficate of occupanC':I for the use of vacant Jand, or for a change in the use of :and or a buildmg. or for a change 1n a nonconforrnmg use, as herem provided, shall be made to sa1d Building Inspector. if the proposed use is in conformity "'1th the provis1ons o! ttlis ordinance. the certificale of occupancy therefor shall be Issued wiltun ten (10) days after the application for same has been made 32.3 Cont&m oiCMtificaltl of Occupancy: EvelY certillcale of <:l(;(Upsncy shall state that the buuding O<' th& proposed"'"' of a buii of a temporary certificate shaii http://library .mun icode. co m/pri nt.aspx?h=&c lienti D= 13 54 3& HT MReq uest=http~·~3a%2 f?.-Q ..• 1/6/2014 Page 95 of 98 Municode Page 60 of62 not be construed to alter the respecti·;e rights, du;ies. or obligations of lhe owner or of the City re!at1ng to the use occupancy of the premises or any other matler covered by tllis zomng ord111ance 32.5 ApplicaUon and Issuance of Certificates for Nonconforming Uses. A certificate of occupancy shall also be required for all lawful nonconlonning uses of land or buildings created by .adopHon of this zoning ordinance. It shafl be the responsibi1ity of the mvner or :essee of building or land occupied by such nonconforming use to file an application wtth the Buildir;g Inspector for such certificate of occupancy. Upon rece1pt of the appltcation by the BUlldtng !nspeclor. each owner or lessee shall be required to file an affidallit stating !halsudl land or buijding was occupied by the nonconforming use at1d was in lawful use or lawfully existed as of tt1e date of the adoption ol !h!s zoning ordinance. :r the Building Inspector finds mat such use did '" lac! lawfuily exiSt a! !he time of adoption of this zoning ordinance. the Buiiding Inspector shall !hen issue a cer111icate of occupancy for such lawful nonconforming use. Failure to apply for such certificate of occupancy for a nonconforming use within one (1) year from the of doing bus•ness. (d) As an official amendmeni of the zoning ordinance, 33 2 Authority to Am~md Ordmance· T!'!€. C,ty Council ma7 from hme to time, atiBr ;eceiving a f;nal :--eport thereon by the P!annmg and Zoning CommiSsion and after public heartngs required by law, amend, supplement or change the regulations herein provided or lhe dassJflcahon or boundaries of the zoning distncts. Any amem:Jrnent. supplement or change to the text of !he zo111ng ordinance and any change in the classification or boundaries of the zoning diStricts may be orderea tor ronsioeration ny !he City Counctl. may Oe initiate-d by the Planrnng and Zoning Cornmiss1on or may be requested by thtt owner of affected reaf property or the authonzed representativt' ot an owner of affected real property. :~3 3 Pi.Jbhc Heanng and Notice· Prior to making a report to the City CounciL the PlanrHng and Zoning Comrwssion shF...llf hofd at !east one pubhc heanng on each appfication, Written nohce of an pub He heanngs on proposed changes m ctistnct dassificattoo or boundanes shall be sent !o all owners of property. or to the person rendering the same for aty taxes. locate-d wzHlin the area of application and within two- hundred (200} feet of any property affected thereby. WIH1lfl not less than ten (1C) days before sudl hearing is held Sudl notice may oe setved by using !hti last known address as listed on lhe city tax roll and depositing the notice. postage paid. in the United States maiL Notice oft1eanngs on pm)JOSeti changes in the text Of the Zonmg Ordinance and on proposed changes in d1stnct dassificahon or boundanes shaH be pubhshec at least once no1 less than fifteen {i 5) days prior thereto 1n the offiaai rle'n-spaper of the C11y. 33 4 Commrss1onConsideration and Report The Planning and ZonU1:g Commtsslon, after the publk hearing :s closed shaH prepare its report and recommendations on the proposed change stating Hs findings. its evaluation of the request and of the relationship of the request to the Comprehensive ,.,tan. The Planning and Zomng Commiss1on may defer its report for not more than nmety (90) days until it t1as t1ad opportunity to com:ader other pmposed ct:anges wh1ch may have a d1rect Leanng thereon. In makmg its aetermtnation. the Plannmg and Zoning Commission shaH consider the foilowmg factors· (a) \Nhether the uses permdteposed amendment i& app10ved. ano whether such desigoal!on for other areas should also be modified. (I) Any other factors which will substanl!ai!y affect the public neal!h, safety, morals or general welfare. 33.5 Council Consiaeration (a) Proposal Racomme-noeQ for At,iproval: E\/ery proposal YlfiiCh is recommended favorably by the P!annmg and Zomng Cornm1ssion shall be fof\<'1arded to the Council for a public hear)ng there-on. No ordinance change shaH become effective unt11 after the adoption of the ordinance and its pub!ic.atfon as reQuired by law. (bl Proposal Rec..ommend;>d fer Denial. When the P!anmng and Zoning CommissiOn determines that a proposal should be denied. it shal; so report and recommend !o the CHy Council and notrfy lhe appltcant V.Jhen a proposed zon1ng rer_.fuest is heard by the City Coun<,;tl thai has been denied by the DJanning and Zoning Comm>ssion, a lhree-lourths (Y.) majority vote by tne Clly Council shall be reqwred for approval. A request which has been denied by lhe Planning and Zoning CommisSJon and/or C1ty CouncH may be resubmitted at any time for re-consideration by the C:ity alonu Wlth a new fi!mg fee wh1ch must accompany the request. The Planning and Zonw.g CommiSSIOn and!or Ctty Counc.! may specificaily deny any request with or will'lout prejudice. If a request has been specifically denied with prejudice. the request may not be resubmitted to the C•ty for six (6) months from the orig111al date or denial (c) Council Heanng ana NOlle<': Requ~red not1ce of City Council hearing shall be given by puDitcaUon m the official newspaper of the city, staling the time and place of sur.ll hearing, which shall be at least fll!een (15) days after the date cf pubHcafiOn. (d) Three~Fourths Vote: '' favorable vote of three~fourtns c;.~) of aft members of the City Council sha!i be required to approve any change in zoning when written objections are receivemmed>ately adjoining the same and extending lwo hundred (200) feel therefrom (measured without regard to city streets or other public right of way), such zoning change or amendments shall not become effective except by a thr,..,·fourt~s (%)vote of the City CounCil 33 6 Final Approval and Oroinance Actopbon· Following the hearing on the zoning request by the Otv Council. Ule applicant shaH submit a metes and bounds description to tt1e City wi!hrn thirty (30} days for the preparation of the amending ordinance The amending orcftnt:tnce shall be approved wilhin Slx (61 months of !he zoning request. SECTION 34 VESTING AND (:QM~JJ;TE APPLJCA 7'/QN PEQ(JiREMENT$ 34 1 Incomplete Appficaffon Procl!'dures. (a) Period of Time For Determining tncomplf>!e Application On or before \he tenth (10!h) calendar day a!!er an applicalion for a permit is filed with the Development Services Dapartment the City shall determine if nn application is cornpiete. (b) http://library .municode.com/print.aspx?h=&clientlD== 13 54.3&H1'MRequest=http%3a%2fJ;'O ... 1/6/2014 Page 96 of 98 Municode Page 61 of 62 Determination of ln~omp!ete Applications If the application tor a perrml does not contain ail information required by any ordinance, taw or regulaticn. as each exists. mU)· be amencted or in the future arising. goveming the application for a permit, then it shall Oe considered incomplete. (cl Crty Shall Provide Notu:e of Incomplete Applications. (1) V\1-itten Notice Delivety Methods. The City shall provide written notice of!he failure to the applicant by one (1) o! the followinq methods: (A) Mall. {B) Email: (C) Facsimiko, \DJ Delivery s<~rvice; or (Ei Hamj delivery or otner delivery mettrod of written notice approved by !he City Manager, or his d date il is rece1veil by the City's Development Secvtces Depa11men1 (3) If hand-delivmed. applicabons for permits musl b<> filed with the Crty's De¥elopment Serv•ces Department. Documents g•ven to City staff. othe< than staff .n the City's Development Services Department. shall not be consJOered ar. application ior a permit cnduding, but not Jim!ted to, documents gtven to Cly staff during a m""bng. (4) For purposes .:Jf th1S paragraph, "property addressed" means the enveiope or container for delfvery !S labeled "'App!!callon Endosed" con.-:>picuovsly on t11e outside 1n at ieast twelve (12) point font and is addressed to: Department of Development Services 3411 Barker Avenue Melissa, Texas 75454 34.3 Mandated Action for P'err:uts. !far. ordinance, law or regulation as they exist, may be amended or in the fulure arising mandates that an application for peHni! be acted upon. or deemed appro..,-'Cd ny the City if it 1s not acted upon, wlthm a specified time period that is too short to allow the City to wail for the documents or information reqwred to be requested :n a Notice of lncompiete Application, !he City may process the apphcation fOf a permit U; detern-·Hne whether it is approved or dented 34.4 Zomng AppJ/cahons.. {a) Complete P..pp!icattonr. Required. No ;zoning applicatmn s.r,al! be accepted for filing or processing un1ess such request is accompanied by a complele{j application and aU docu~ents required by ana prepared m accordance with the requirements of thts Ordinance and any o1her applicabl-e ordinance, as lt e)(ists. maybe amended or in the future arising. and 1t 1S ftled with the City's Depm1ment of Development Services. {b) Texas Local Government Code Chapter 245 does not apply to Zoning Appflcations. Chap!er 245 of the Texas local Govemmenl Code. as amended, stla!l not apply tc a .;::oning app:u:.ation or an ordinance establishmg zoning since neitber is a pem1it under tht5 Ordinance or Chapter 245, (C) Dania! of Z.piralion Date. The at)proved applicatioo did not have an exprration date: and {bi Progress Benchmarks. Ant ooe (!) 01 more ollhe lolkming had occurred. (1) An application tor a Final Plat or plan was property filed in accordance with City ordinances. and said Final Plat or ;;ian has not expired (2) A good-faith attempt was made 10 file an application for a penna required to begon or conlinue toward• compleUoo of !he development (3) Costs were incurred for developing the project including. without limiralion, costs associa!cd with roadway. utility, and other infrastructure racilit1es desll)lled to serve. in whole or in part, the development (but not including the cost of land acquisilionj in the aggregate amount of tive percent (5%) o! U1e most recent appraised value of !he real property on which the project is located. http://library.municode.com/print.aspx?h=&clientiD=l3543&HTMRequest=http%3a%2B<) ... 1/6/2014 Page 97 of 98 Municode Page 62 of (4) Fiscal security was posted with lhe City. or othe' regulatory agency, lo ensure performance of obhgalions requiced by City ordinances andicr regulatory agencies. (5l Utnity connection fees or impact fees for the project were pard to the appropriate authority or regulatory agency 35.2. E~pira!Jon Date for Project and Permits Filed on or after September 1. 2005. {a) PrOJeCts. For projects CQ!l1mencerl on Of after September 1, 2005, by the !llmg of an application for a pem11t, the project shall expire on the fifth (Stn) anniversary of the date the first application for a permit that was approvetled for a pro)E'ct shall be suhter.t to the then exiStmg regulations, (b\ Permits. Applications for a perm•t filed on or after September 1, 2005, !Of wtlichlhe application does not exp•re pur3Uant to Subseclioo 14.1 (Incomplete Applic-ation Procedme,s) or tor whiCh the permll is subsequently approved, the application for a perm!l andlm the permit shall expire rwo (2) yBars from lhe date !he apphcat1on rm a permit was filed if there is no progress towards completion. 35.3 Expirallon Dale for Permits Filed before September t 2005. and Approved on or after May J 1, 1999. (1) Expiration Date Specified. Applications for permits and projects filed with t11e City before September 1, 2005. and approved on or after May 11. 1999. shall be vailct for the period ly Council oi !he City of Melissa. Texas on thts lhe 251h doy of August, 1992 APPROVED· Mayor ATTEST: City Secretary -{3) --- Editor's not-e-- Ofd No_ !i2-i"'8'. §§ 1-36 «dopi~C Aug. 25. 1932. was not SPf!C·lfic,-,!f.,· a:TJ!Nx:1&tory of !he Code. ar:-d mdusion a-S Article 12 300 was at the r.:.!y's du.tcf"fifnM Fof'f'n(trly, the- Zonmg Ordin~nce was maintained in :he offlce Qf t~ City $.,r;retary. as amended from t:f"rlf': to ttme. L/?.1!£1.J State Law refetTJnee-- Zomtot; authonty. V. T CA. Local GoVBmrnent Code. ch ;]11.L@..et