Ordinance No. 09- An ordinance amending the Zoning Chapter of the code of the City of Arlington, Texas, 1987, through the amendment of Article II, Interpretations and Definitions; Article IX, Special Purpose District Regulations; Article XI, Building Setback, Area, Bulk and Design Requirements; Article XIII, Residential Adjacency Standards and General Fence Requirements; Article XIV, Landscape and Screening Standards; Article XV, Off-Street Parking and Loading Requirements to incorporate design standards for single family dwelling units, accessory structures, and developments, including building and lot design and materials, streetscape, landscaping, open space, and fencing, and other miscellaneous minor changes; providing for a fine of up to $2,000 for each offense in violation of the ordinance; providing this ordinance be cumulative; providing for severability; governmental immunity; injunctions; publication and an effective date. WHEREAS, after notice and public hearing the Planning and Zoning Commission recommended approval of the Zoning Chapter amendment on June 17, 2009; and WHEREAS, after notice and public hearing, and upon consideration of the recommendation of the Commission and of all testimony and information submitted during the public hearing, the City Council has determined that it is in the best interest of the public and in support of the health, safety, morals, and general welfare of the citizens that the Zoning Chapter amendment be approved. Now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: That the Zoning Chapter of the Code of the City of Arlington, Texas, 1987, is hereby amended through the amendment of Section 2-200, Definitions, of Article II, Interpretations and Definitions so that hereafter said section shall include: Community. For purposes of Section 11-1500, Residential Design Standards only, a platted subdivision as shown on the final recorded plat. Courtyard. An open, uncovered space, unobstructed to the sky, bounded on three or more sides by exterior building walls or other enclosing devices. Dormer. A window in a sloping roof. Eave. The part of a sloping roof that overhangs the wall. Front Façade. The principal face of the building, facing or oriented toward a street, park, or public open space and showing its most prominent architectural features.
HOA. A homeowners association. Minimum Front Yard. For purposes of Section 11-1500, Residential Design Standards only, the area between the front property line and the building line. PID. A public improvement district. Stoop. A small platform at the entrance to a house, often consisting of several wide steps. Further, Article IX, Special Purpose District Regulations, Section 9-300, Planned Development ( PD ) District, Subsection (E), Minimum Performance Standards, is hereby amended so that hereafter said subsection shall be read as follows: E. Minimum Performance Standards. The following design standards shall be integrated into all "PD" developments where applicable to mitigate negative impacts and to make uses compatible. 1. Height Regulations: The maximum height requirement for permissible uses in this district shall be established by the height setback envelope and shown on the periphery of the development plan. 2. Landscape and Screening Regulations: The applicant shall use the landscape and screening standards identified in Article XIV of the Zoning Chapter of the Code of the City of Arlington as a minimum for any proposed landscaping reflected on the plan. Buffer yards may be reduced when they are not on the periphery of the development plan. Additional landscaping should be considered if warranted to promote compatibility. If minimum standards of the Landscape Ordinance, with the exception of the Residential Adjacency Screening Requirements cannot be met a substitute landscape plan must be approved concurrently with the request. (Amend Ord 95-135, 10/3/95) 3. Signs: Signs shall comply with the standards of Article XVI Sign Standards. 4. Parking: Minimum off-street parking requirements shall not be less than the minimum requirements for uses prescribed in Article XV. 5. Bay Doors: Bay door(s) shall be oriented away from adjoining streets or screened. Bay door(s) shall be screened from adjacent low density residential properties. 6. Open Space: Provisions for public, private and common open space shall be evaluated with regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the development plan. If the development includes two or more lots, based on the amount of common open space and the required maximum site coverage, the plan shall specify the maximum coverage for each lot. 2
7. Residential Adjacency: If residential adjacency exists along the periphery of the "PD", the requirements of Article XIII, Residential Adjacency Standards, shall apply. 8. Residential Design Standards: New residential subdivisions shall adhere to the design standards identified in Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-1500, Residential Design Standards. 9. Additional Provisions: Nothing listed shall limit the Council's ability to require more restrictive standards necessary to protect the public's health, safety and welfare. 10. Exception to Minimum Performance Standards: The requirements in Article VIII, Nonresidential Zoning District Regulations, Subsection 8-700(F)(1), (2), and (4), relating to building setback, bulk, and design requirements and Subsection 8-700(H)(6), relating to site landscaping in the Downtown Business Zoning District; Article XI, Building Setback, Area, Bulk and Design Requirements; and in Article XIII, Residential Adjacency Standards, may be varied in a "PD" when unusual topographic constraints, siting requirements, preservation of existing trees, or when similar conditions create undue hardship and prevent strict compliance with the ordinance. In approving modifications to any existing standards or zoning classification, the Planning and Zoning Commission and the City Council shall be guided by the intent of this ordinance and the purposes or strategies of the adopted Comprehensive Plan. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-100, Minimum Public and Private Street Frontage Building Setbacks, Subsection (A) (5), is hereby amended so that hereafter said subsection shall be and read as follows: 5. Parking a. For lots with single family detached units, parking pavement for the owners and their guests shall not exceed one-half of the area of the required minimum front yard, or 600 square feet, whichever is greater. b. For lots with single family attached units, parking pavement for the owners and their guests shall not exceed 60 percent of the area of the required minimum front yard, or 400 square feet, whichever is greater. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-100, Minimum Public and Private Street Frontage Building Setbacks, Subsection (B), Table 1 is hereby amended, so that hereafter Table 1 shall be and read as follows: 3
Table 1 Minimum Public and Private Street Frontage Building Setbacks Front Streets a Side Streets 15 e Rear Streets c Private Access Easement or Alley (Fronting) Private Access Easement or Alley (Siding) Private Access Easement or Alley (Rear) Garage Front Setback E R R1 R2 TH D MF14 MF18 MF24 a a/d 15 e c a a/d 15 e c a a/d 15 e c a a/b/d 15 e c a a/b/d 15 e c a Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-200, Minimum Interior Side and Rear Building Setbacks, Subsection (B), Table 3 is hereby amended, so that hereafter Table 3 shall be and read as follows: 4 b b b c c c 10 10 10 10 10 10 5 5 5 5 5 5 5 5 5 a a a a a a a. The minimum front yard setback requirements can be reduced by a maximum of 5 to allow for the encroachment of covered front porches, living area and j-swing garages. Front entry garages shall not be permitted to encroach into the front setback. In no case shall the front setback be less than 15, and lots that front an arterial or collector street as designated on the Thoroughfare Development Plan shall have a minimum front setback of 40 in all cases. b. For permitted townhouses and duplexes, the minimum front setback may be reduced to 15 when access is provided by a private access easement at the rear of the structure and the lot fronts a minor collector, local street or private access easement. c. On double frontage lots, a minimum front setback on public streets shall be required on both streets; provided, however, that the minimum rear setback of a lot backing up to a minor collector or a local street on which a single family or townhouse residence is located may be reduced to 5 when a screening fence approved by the City as to location and height is erected along the rear property line. The minimum rear setback of a lot backing up to a major thoroughfare, only for accessory structures, may be reduced to 5, if the accessory structure is no more than 8 in wall height and is less than or equal to 200 square feet in area. d. A carport may be permitted to be constructed in the required front yard setback on lots containing single family structures with approval of a special exception from the Zoning Board of Adjustment, per the requirements of Article XVIII. Individual lots containing townhomes (with three or more attached units) are not eligible for consideration of a special exception for carports to be constructed in the front yard setback. e. Side street setback for accessory structures only may be reduced to 10 when a side screening fence is installed per Section 13-450.B.2., Privacy Fencing, Subsection b (4) Location of Fence.
Table 3 Minimum Interior Side and Rear Building Setbacks Side 10 e E R R1 R2 TH D MF14 MF18 MF24 5 5 5 5 a 5 a 15 b a/c/d b/c a/c/d b/c Rear 10 5 5 5 15 b Zero Lot Line - See Sec 11-300 - - - - - Zero Lot Line a/c/d b/c a. The side setback for an attached townhouse may be reduced to zero except for end units which shall have a minimum side setback of 5. (Amend Ord 95-41, 4/25/95) b. The rear setback for a townhouse may be reduced to 5 if not adjacent to E or R District. c. If residential adjacency exists (adjacent to E, R, R1, R2, TH, or D ) a height setback envelope shall be required as described in Section 11-1100. If no residential adjacency exists (adjacent to E, R, R1, R2, TH, or D ), then the side setback may be reduced to 5 and the rear setback may be reduced to 10. d. Townhouses and duplexes built in multi-family districts may reduce side setbacks to 5. (Amend Ord 95-41, 4/25/95) e. Setback on one side may be reduced to 5, if the other side setback is at least 15. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-500, Permitted Intrusions In Required Building Setbacks, Subsection (A) (1) (c) (1) is hereby amended so that hereafter said subsection shall be and read as follows: (1) Walls shall be of materials as approved in Article XIII, Residential Adjacency Standards and General Fence Requirements, Section 13-450, Single Family Residential Fencing. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-500, Permitted Intrusions In Required Building Setbacks, Subsection (B) (2) is hereby amended so that hereafter said subsection shall be and read as follows: 2. Fences and walls which are not required, not located within a required landscape setback, and meeting the standards as described in Section 13-450, Single Family Residential Fencing, Subsection B.2.d. Fences in Minimum Front Yard. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-500, Permitted Intrusions In Required Building Setbacks, Subsection (C) (2) (a) is hereby amended so that hereafter said subsection shall be and read as follows: a. On corner or reverse corner lots, no fence may be taller than two feet when located on the side property line. Any fence that is more 5
than two feet high must be set back at least five feet from the side property line of a corner lot, and at least 7.5 feet from the side property line of a reverse corner lot. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-500, Permitted Intrusions In Required Building Setbacks, Subsection (C) is hereby amended by the deletion of paragraphs (4) and (5); Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-900, Maximum Lot Coverage, is hereby amended so that hereafter Table 10 shall read as follows: Table 10 Maximum Lot Coverage Residential Districts E R R1 R2 TH D MF14 MF18 MF22 Single Family 40% 40% 60% 60% - - - - - Townhouse - - - - none none none none none Duplex - - - - - 40% 40% 40% 40% Multi-family - - - - - - 50% 50% 50% Nonresidential Uses 40% 40% 40% 40% 40% 40% 40% 40% 40% Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-1200, Masonry Coverage, Gross Living Area, Roof Pitch, And Garage/Carport Requirements For Residential Uses, Subsection (A) is hereby amended so that hereafter it shall be and read as follows: A. Gross living area and garage/carport requirements for single family zoning districts E, R, R1, R2, TH, and D are as set forth in this Subsection. Masonry coverage and roof pitch requirements for these zoning districts are included in Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-1500, Residential Design Standards. 1. Minimum Gross Living Area: 1,500 square feet per unit The minimum gross living area may be reduced to 1,000 square feet by: (i) A special exception as outlined in Section 18-200(P) for subdivisions less than two acres in size and containing 10 or fewer dwelling units; or (ii) An approval from the Zoning Administrator, in order to encourage infill development or redevelopment on lots zoned R, R1 and R2, based on consistency of the proposed design with the housing goals of the Comprehensive Plan and the Residential Design Standards. 6
2. Parking Requirement: A minimum two-car garage measuring at least 390 square feet is required for new single family detached dwelling units. Garage conversion to living space is prohibited unless another two-car garage is built on the same lot. No garage is required for homes constructed prior to January 31, 1984. Garage conversions for homes constructed prior to January 31, 1984 are prohibited unless required parking pads are located directly behind or on the side of the principal residential structure, or in the street frontage building setback on a driveway that is at least 390 square feet in area. 3. Carport: Carports are only permitted when located behind the face of the principal structure. A carport may be constructed in the street frontage building setback on lots containing single family structures in the R, R1, R2, D, and TH residential districts with approval of a special exception from the Zoning Board of Adjustment, per the requirements of Article XVIII. Individual lots containing townhomes (with three or more units) are not eligible for consideration of a special exception for carports to be constructed in the street frontage building setback. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-1200, Masonry Coverage, Gross Living Area, Roof Pitch, And Garage/Carport Requirements For Residential Uses, Subsection (B) is hereby amended to delete Table 14 (including footnotes), and said Table 14 shall be and read as follows: Table 14 has been intentionally deleted. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-1300, Retaining Walls, Subsection (B) is hereby amended so that hereafter it shall be and read as follows: B. For Residential Zoning Districts: Any retaining wall which is more than three feet (3 ) in height and is not an improved drainage channel shall be constructed of: 1. masonry; or 2. stained or textured concrete. Further, Article XI, Building Setback, Area, Bulk and Design Requirements, Section 11-1500, Residential Design Standards is hereby added so that hereafter said section shall be and read as follows: 7
Section 11-1500 Residential Design Standards A. Purpose and Intent. The purpose of these standards is to establish requirements for sustainable residential development throughout the city, increase the value of Arlington s housing stock, and ensure that homes are attractive and of high quality. Specifically, the goals for single family detached development are: 1. Construct new neighborhoods that age gracefully and become established over time. Utilize sustainable design principles so that residences do not deteriorate. 2. Construct residential infill or redevelopment such that it enhances the value and quality of existing neighborhoods. 3. Promote the development of attractive streetscapes, which increase curb appeal, create a sense of place, and enhance Arlington s image. 4. Provide flexibility for variety. The intent of these standards is to prohibit certain design elements that have a negative impact on communities, while simultaneously allowing developers a great deal of latitude to create interesting, attractive developments. B. Administrative Approval. The Residential Design Standards have been carefully crafted to allow flexibility in creative building solutions. Although the standards were drafted to be as comprehensive as possible, there may be instances where they conflict with a unique architectural style or cannot be achieved due to site constraints. Minor deviations from any of the Residential Design Standards may be approved administratively by the Zoning Administrator upon request by the developer of a property, where such deviation will result in a development that complies with the spirit and intent of the Residential Design Standards, and is necessary due to conflict with a unique architectural style, or due to site constraints, or where necessary to encourage infill development or a redevelopment initiative. Any approved deviation must be shown on the site plan as an approved deviation. The standards are not intended to favor one architectural style over another. Unique designs are welcome in the City of Arlington. C. Applicability. 1. These standards are applicable to new construction or redevelopment of single family dwelling units in all zoning districts, except the following: Planned Development Districts that have specific residential design standards, Entertainment District ED Overlay District, Village on the Green at Tierra Verde (VG) Overlay District, Lamar/Collins Mixed Use (LCMU) Overlay District, Downtown (DN and DB) Overlay Districts, Landmark Preservation (LP) Overlay District, and Conservation District. 2. These standards apply in new communities and infill situations in existing communities. 8
3. Communities for which a plat application has been made prior to the adoption of the Residential Design Standards will be subject to only the Building Design and Front Yard Landscaping requirements. In those communities, these standards will be applicable only for building permit applications submitted to the City after two years from the later to occur of the date the City signs the final plat, or the date the City accepts the subdivision improvements offered for public dedication, if any. 4. Any enclosed additions to existing primary residential structures shall comply with all or portions of the Residential Design Standards, based on the following approach: a. For the purposes of this section, an enclosed addition means: (1) An expansion of an existing single family structure, which is enclosed on all four sides by a wall. A substantial part of its wall is a part of the wall of the principal building or is attached to the principal building in a substantial manner, as by a roof. (2) In most instances, it shall increase the gross living area (air conditioned space) of the principal dwelling unit. An attached garage, a patio enclosure, or a sunroom will also be considered an enclosed addition. b. For any enclosed addition less than 30% of the overall square footage of the existing structure, the addition shall comply with the Exterior Finish Materials provisions of Building Design standards. It is highly recommended that the addition match the character of the existing structure. c. For any enclosed addition that increases the overall square footage by 30% or more, the addition shall be considered new construction and shall comply with all Building Design standards. Compliance with the minimum roof pitch requirement of 6:12 is not required when the existing house has a lower pitch. In addition, the property must comply with the requirements of the Front Yard Landscaping and Equipment Screening sections of this ordinance. Administrative approval may be granted for unique circumstances where strict compliance with these standards would have a result contrary to the purpose and intent of this section. d. Any application by property owners to expand structures shall remain in the City s records for ten years from the date of completion. Any subsequent application to expand structures shall be cumulative to any work done within the previous ten years. That total will be used by the city to determine the property owner s necessary level of compliance with these standards. 9
5. Accessory Structure standards shall be applicable to all new accessory structures. 6. In the event of a conflict between these Residential Design Standards and the Zoning Ordinance, these Standards control. In the event of a conflict between these Residential Design Standards and, Appendix I, Site Distance Criteria of the Design Criteria Manual, Appendix I controls. D. Detached Single Family Residential. Development standards are divided into three categories: building design, lot design, and community design. 1. Building Design. The building design standards are intended to create unique neighborhoods by utilizing a wide array of architectural elements and design techniques. The purpose of these requirements is not to dictate how residences are designed; rather, it is to ensure that communities possess a distinct character and are desirable places to live for many years to come. Compliance with the requirements listed below shall be reviewed with each building permit application. a. Orientation of Main Entrance. The placement of the primary entrance is an important element because it provides a feeling of openness and warmth, whereas homes with no discernable front entry feel uninviting. The following techniques are required: (1) The main entrance or a courtyard leading to the main entrance of each primary structure must be located on the front façade. (2) On corner lots, the main entrance shall face either of the streets or be oriented to the corner. Not Acceptable Acceptable Acceptable Acceptable b. Entry Feature. The primary entrance, scaled appropriately to the individual dwelling, creates a pedestrian-oriented environment and in some cases functions as a protective covering from rain or sun. 10
(1) A dwelling must include a covered front porch, a stoop, a recessed entry, or a front courtyard at the main entrance. An entry feature designed in accordance with the style of the dwelling unit is also acceptable. For zero-lot-line developments, side courtyards with wrought iron fencing may also serve as an entry feature. Not Acceptable (2) The minimum area of a porch, stoop landing, recessed entry, or courtyard shall be 20 square feet. (3) The height of the main entry feature shall be scaled appropriately for the individual dwelling. Not Acceptable On two-story homes the roof eave of the entry feature shall not extend up to or above the highest roof eave of the structure. The roof ridge of the entry feature shall not extend up to or above the highest roof ridge of the structure. (4) In order to increase the entry s prominence, the entry shall have at least one of the following: sidelights; a glass transom; decorative detailing on the front door such as raised/recessed panels, arches, glazing, or wrought iron details; or similar features. Acceptable Acceptable Side Courtyard (in a zero lot line development) Acceptable c. Garage Location. Although they are a necessary and highly-used component of a residence, incorrectly placed garages can severely detract from a home s appearance. Garages must be situated so that they are not the predominant design feature of the dwelling. 11
(1) Front loading, front facing garages must not project out from the front façade of the building. (2) Front loading, front facing garage shall not constitute more than 55 percent of the total width of the dwelling. Not Acceptable (3) All front loading, front facing garages shall incorporate at least two different architectural elements. However, garages recessed less than seven feet from the front façade shall incorporate four different architectural elements. Not Acceptable Architectural elements may include balconies or other decorative overhangs above doors, columns flanking doors, decorative banding or moldings, detailed door designs with larger decorative brackets, windows/openings on garage doors, arches, decorative vent covers on a gable above the garage, sconce lighting, etc. (4) No more than two car bays can share a common garage door. Acceptable Acceptable Acceptable 12
d. 360 Degree Architecture. A building is more than a pretty façade. Too often, all of the architectural elements and expensive materials are used only on the front of a home, while the sides and rear walls are left blank. Well-designed homes featuring consistent materials and detailing on all facades are more sustainable than others and contribute to the longevity of the neighborhood. (1) The primary material on the front façade of the house shall be continued on all sides of the house, on at least 50 percent of each side. Not Acceptable (2) Windows are required on all elevations. On public facing facades (streets, parks), windows and doors shall cover a minimum of 20 percent of the elevation. On corner lots, this requirement will be applicable to the front elevation only. (3) Window and door openings must be articulated on all elevations of the building through the use of: shutters; enhanced flat or arched lintels and sills (projecting or recessed, or constructed of materials other than the primary building material); overhangs; or surrounds (trims). Acceptable Acceptable Acceptable 13
e. Additional Architectural Design Feature for Front Elevation. Variation in front elevations adds character and interest to communities. While some common elements may be shared, aspects such as color, material, detailing and landscaping can be used to differentiate homes. Different floor plans and façade treatments may also be utilized. Acceptable Acceptable Acceptable f. Building Foundations. Attention should be given to the foundations of residences to enhance the visual aesthetic and maintain a consistent appearance with the rest of the structure. (1) Foundations of exterior walls or piers exposed more than ten inches from the adjacent ground level shall be clad in the primary exterior finish material such as brick, stone, or stucco, or stained to complement the primary exterior finish material. Not Acceptable Acceptable g. Exterior Finish Materials. Exterior finish materials shall be durable and consistent with the architectural style of the community. (1) One hundred percent of the primary residential structure shall consist of the following masonry materials: Acceptable Materials. i. Stone or brick laid up unit by unit and set in mortar; or ii. Cultured Stone; or iii. Exterior portland cement plaster (stucco) with three coats over metal lath or wire fabric lath; or 14
iv. An equivalent, permanent architecturally finished material with a minimum 30-year warranty period is also acceptable. This coverage calculation does not include doors, windows, recessed entries, chimneys, dormers, window box-outs, bay windows that do not extend to the foundation, or any other exterior wall that does not bear on the foundation. Prohibited Materials. The following materials are prohibited as exterior finish materials: i. Plain concrete block, plain concrete, ii. Corrugated metal, iii. Vinyl siding, aluminum siding, wood siding, iv. Plywood, engineered or manufactured wood, v. Exterior Insulation and Finish Systems (EIFS). (2) Exterior walls of chimneys, dormers, window box-outs, bay windows that do not extend to the foundation, any other exterior wall that does not bear on the foundation, shall be constructed of masonry materials or any other sustainable material with a minimum 30-year warranty period, such as: cementitious fiberboard, seamless steel siding, vinyl siding with a flat or low gloss embossed finish and at least 0.04- inch thick, three-coat stucco, or EIFS. Fascia may be constructed of sustainable materials with a minimum 20-year warranty period covering the product and its coating, such as: cementitious fiberboard, aluminum coil with vinyl coating, cedar wood, redwood, treated engineered wood, or treated dimensional lumber. Prohibited materials include wood (except as noted above), plywood, hardwood, and untreated engineered/manufactured wood. (3) An expression line such as a trim band or capping shall be utilized when transitioning from one material to another or to a different color in the same material, vertically. h. Roof Design. Roofs and rooflines can add character and interest to a home. Details on a roof are important as they break up the mass and perceived bulk. (1) A minimum roof pitch of 6:12 shall apply to gable, hip, or shed roofs. This does not apply to portions of a roof that are separate from the structure s primary roof. (2) Flat roofs must be screened by a parapet wall, capped by a three-dimensional cornice treatment. 15
2. Lot Design (3) Architectural styles that incorporate eaves must have the eaves extend from the building wall at least 12 inches measured horizontally on all facades. (4) The use of proportionally designed dormers on the roof is encouraged where they are appropriate to the architectural style of the home. (5) Prohibited Materials. Sheet metal (except Standing Seam Metal), corrugated metal, and cement asbestos shingles are prohibited as roofing materials. a. Driveway. Driveways should be deep enough to provide sufficient room for vehicles to park without encroaching into the sidewalk, to allow pedestrians and others to use the sidewalk. (1) The driveway length of front loading, front facing garages shall be no less than 20 feet from the front property line. In case of communities with private streets, the 20 feet distance shall be measured from the edge of the sidewalk (away from the street), parallel to the street. (2) Parking pavement for the owners and their guests shall not exceed one-half of the area of the required front yard setback, or 600 square feet, whichever is greater. b. Equipment Location/Screening. Utility equipment such as transformers is unsightly and detracts from a community s appearance. When it is necessary to locate these facilities within residential lots or public spaces, the equipment shall be screened to reduce negative visual impact. (1) On residential lots, utility equipment shall be located behind the building line of the house and screened from public view by a wall, fence, or landscaping. In the event this is not possible, utility equipment shall be at least Not Acceptable 16 Not Acceptable
screened with landscaping, maintained by the owner. (2) Utility equipment located in public ROW or designated open spaces shall be screened with walls, landscaping, or a combination of the two. Such screening must be maintained by the adjacent property owner or the community s HOA or PID. Acceptable c. Front yard landscaping. Landscaping should enhance the front yards of residences and soften the effect of the built environment. Vegetation should vary between residences in order to avoid a feeling of monotony. (1) The front yard must meet at least one of the following two landscaping options: i. In the street frontage building setback, an area equivalent to at least 15% of the minimum front yard must be landscaped with vegetative cover other than turf grass* and maintained by the owner. In addition, front yard Not Acceptable landscaping in corner lots shall wrap around the side for a minimum of ten feet from the street facing building corner. * An arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion is desired. Each tree shall count for 25 square feet of the required landscaped area. The use of xeriscape plants or rain gardens is encouraged. ii. The street frontage building setback must be landscaped with at least ten shrubs, of at least two different species, and one tree. In addition, front yard landscaping on corner lots shall wrap around the side for a minimum of ten feet from the street facing building corner with at least three shrubs. 17
Acceptable Acceptable 3. Community Design a. Streetscape. The intent of this requirement is to provide appealing and comfortable pedestrian street environments in order to promote pedestrian activity, which in turn promotes public health through increased physical activity. An attractive streetscape is a significant community asset, and is often cited by homebuyers as an important Not Acceptable neighborhood amenity. Homes designed in relation to the streetscape become part of the neighborhood, rather than a solitary residence. b. Features such as porches and rear-loaded garages facilitate this intent; however, not every home needs these elements because the entire streetscape works together to form a larger composition. (1) For internal residential streets within a new development of 20 or more single family detached dwelling units, the following zones are required starting from the back of the curb on each side of the street being developed: i. A continuous sidewalk at least four feet in width must be provided. ii. A landscaped buffer area, at least six feet wide, must be provided between the sidewalk and the street. 18
*Approved Street Trees: Mexican Buckeye Crepe Myrtle Lacebark Elm Dessert Willow Ash-leaf Maple Caddo Maple Eve's Necklace Yaupon Holly Redbud Species Little Gem Magnolia Tree Wax Myrtle Lacey Oak Carolina Buckthorn Flame Leaf Sumac Hollywood Juniper Bluepoint Juniper Chinese Pistache (a) (b) (c) (d) (e) (f) Street trees shall be located within the buffer area such that there is: - One tree per lot, evenly spaced, for lots with up to 60 linear feet of street frontage. - Two trees per lot, evenly spaced, for lots with more than 60 linear feet of street frontage. - Two or more street trees per corner lot, evenly spaced, depending on the length of frontage on the side street. A minimum spacing of 30 feet on center must be maintained between the trees, centered at a minimum distance of four feet from the back of the curb. All required street trees shall have a minimum caliper of three inches, be at least ten feet in height at the time of installation, and must be irrigated. Trees shall be selected from the list of approved species*. No single species of tree shall represent more than 30% of the trees required to satisfy the City's street tree requirement in each phase of the subdivision. A Landscape Plan meeting the above requirements shall be submitted along with the Public Improvements application for that phase of the subdivision. A root barrier at least 24 inches in depth and six feet in length on both the curb and the sidewalk side must be provided for all street trees. Street lampposts and mailboxes shall be located in this buffer area, subject to post office regulations for mail boxes. 19 Acceptable
(g) (h) Street trees shall not be located closer than 15 feet to a lamppost. The streetscape must be maintained by the adjacent property owner unless responsibility has been delegated to the community s HOA or PID. (2) Separate walkways, at least three feet wide, that connect the front doorway or porch to the sidewalk and to the driveway are recommended. (3) Streetscape adjacent to major thoroughfares such as a major arterial, minor arterial, or a major collector (i.e. perimeter streetscape) establishes an image of the city. In order to create interesting perimeter streetscapes with landscaping and meandering sidewalks, developers shall designate land adjacent to the street, at least six feet in width, as an open space lot in the plat. The landscaping on that lot shall be maintained by the community s HOA or PID. c. Open Space. Open space fosters physical activity and provides opportunities for socialization among residents. (1) If there is an existing undevelopable natural area interior to the community, it shall be enhanced with low impact improvements. i. Sidewalks or bike trails shall be built to access the space from the community. Publicly accessible places to sit shall be provided. The seating areas may be formal or informal and may include park benches, garden walls, and/or landscape elements such as boulders, fountain edges, and sculpture pieces. (2) A community adjacent to a public park property must provide sidewalks or bike trails in the community to access the park from the community. (3) If there is a designated lot in the approved final plat reserved as open space, the developer must get a landscape plan approved by the City and install all landscaping prior to the issuance of a building permit. Planting may be delayed until optimum season (no more than five months), if the developer provides the City with a performance bond or an irrevocable letter of credit for an amount that is at least 115% of the approved estimated cost of work. (4) Such open spaces shall be maintained by a community s HOA or PID. 20
Acceptable E. Attached Single Family Residential. Townhomes and duplexes are the two types of attached single family residential products considered for these standards. Development standards for attached single residential products are divided into three categories: building design, lot design and community design. 1. Building Design. The building design standards are intended to create unique neighborhoods by utilizing a wide array of architectural elements and design techniques. The purpose of these requirements is not to dictate how residences are designed but rather to ensure that communities possess a distinct character and are desirable places to live for many years to come. Compliance with the requirements listed below shall be reviewed as part of a required site plan included in the building permit application. a. Orientation of Main Entrance. The placement of the primary entrance is an important element because it provides a feeling of openness and warmth, whereas homes with no discernable front entry feel uninviting. Not Acceptable Not Acceptable (1) The main entrance or a courtyard leading to the main entrance of each primary structure must be located on the front façade. 21
(2) On corner lots, the main entrance shall face either of the streets or be oriented to the corner. Acceptable Acceptable b. Entry Feature. The primary entrance, scaled appropriately to the individual dwelling, creates a pedestrian-oriented environment, and in some cases functions as a protective covering from rain or sun. (1) A dwelling must include a covered front porch, a stoop, a recessed entry, or a front courtyard at main entrances. An entry feature designed in accordance with the style of the dwelling unit is also acceptable. Not Acceptable Not Acceptable (2) The minimum area of a porch, stoop landing, recessed entry, or courtyard shall be 20 square feet. (3) No primary entrance of a dwelling unit shall be located on the second story of a structure. (4) The height of the main entry feature shall be scaled appropriately for the individual dwelling. On two-story homes the roof eave of the entry feature shall not extend up to or above the highest roof eave of the structure. The roof ridge of the entry feature shall not extend up to or above the highest roof ridge of the structure. (5) In order to increase its prominence, the entry shall have at least one of the following: sidelights; a glass transom; decorative detailing on the front door such as 22
raised/recessed panels, arches, glazing, or wrought iron details; or similar features. Acceptable Acceptable Acceptable Acceptable c. Garage Location. Although they are a necessary and highly-used component of a residence, incorrectly placed garages can severely detract from a home s appearance. Garages must be situated so that they are not the predominant design feature of the dwelling. (1) Front loading, front facing garages must not project out from the front façade of the building. (2) Front loading, front facing garages shall not constitute more than 60 percent of the total width of the dwelling. Not Acceptable (3) All front loading, front facing garages shall incorporate at least two different architectural elements. However, if the garage is recessed less than seven feet from the front façade or flush with the front façade, it is required to incorporate enhanced driveway paving and three different architectural elements. Architectural elements may include balconies or other decorative overhangs above doors, columns flanking doors, decorative banding or moldings, multiple panel door designs or other architectural detailing with larger decorative brackets, windows/openings on garage doors, arches, decorative vent covers on a gable above the garage, sconce lighting, etc. (4) Two-car garages must have a separate door for each bay, separated by a masonry column. 23
Acceptable Acceptable Acceptable d. 360 Degree Architecture. A building is more than a pretty façade. Too often, all of the architectural elements and expensive materials are used only on the front of a home, while the sides and rear walls are left blank. Well-designed homes featuring consistent materials and detailing on all facades are more sustainable than others and contribute to the longevity of the neighborhood. Not Acceptable (1) The primary material on the front façade of the house shall be continued on all sides of the house, on at least 50 percent of each side. (2) Windows are required on all elevations. On public facing facades (streets, parks), windows and doors shall cover a minimum of 20 percent of the elevation. On corner lots, this requirement will be applicable to the front elevation only. Acceptable Acceptable Acceptable (3) Window and door openings must be articulated on all elevations of the building through the use of: shutters; enhanced flat or arched lintels and sills (projecting or 24
recessed, or constructed of materials other than the primary building material); overhangs; or surrounds (trims). e. Building Foundations. Attention should be given to the foundations of residences to enhance the visual aesthetic and maintain a consistent appearance with the rest of the structure. (1) Foundations of exterior walls or piers exposed more than ten inches from the adjacent ground level shall be clad in the primary exterior finish material such as brick, stone, or stucco, or stained to complement the primary exterior finish material. f. Exterior Finish Materials. Exterior finish materials that are durable and consistent with the architectural style of the community are recommended. Not Acceptable Acceptable (1) One hundred percent of the primary residential structure shall consist of the following masonry materials: Acceptable Materials. i. Stone or brick laid up unit by unit and set in mortar; or ii. Cultured Stone; or iii. Exterior portland cement plaster (stucco) with three coats over metal lath or wire fabric lath; or iv. An equivalent, permanent architecturally finished material with a minimum 30-year warranty period is also acceptable. This coverage calculation does not include doors, windows, recessed entries, chimneys, dormers, window box-outs, bay windows that do not extend to the foundation, or any other exterior wall that does not bear on the foundation. Prohibited Materials. The following materials are prohibited as exterior finish materials: i. Plain concrete block, plain concrete, ii. Corrugated metal, iii. Vinyl siding, aluminum siding, wood siding, iv. Plywood, engineered or manufactured wood, v. Exterior Insulation and Finish Systems (EIFS). 25
(2) Exterior walls of chimneys, dormers, window box-outs, bay windows that do not extend to the foundation, any other exterior wall that does not bear on the foundation, shall be constructed of masonry materials or any other sustainable material with a minimum 30-year warranty period, such as: cementitious fiberboard, seamless steel siding, vinyl siding with a flat or low gloss embossed finish and at least 0.04- inch thick, three-coat stucco, or EIFS. Fascia may be constructed of sustainable materials with a minimum 20-year warranty period covering the product and its coating, such as: cementitious fiberboard, aluminum coil with vinyl coating, cedar wood, redwood, treated engineered wood, or treated dimensional lumber. Prohibited materials include wood (except as noted above), plywood, hardwood, and untreated engineered/manufactured wood. (3) An expression line such as a trim band or capping shall be utilized when transitioning from one material to another or to a different color in the same material, vertically. g. Roof Design. Roofs and rooflines can add character and interest to a home. Details on a roof are important as they break up the mass and perceived bulk. (1) A minimum roof pitch of 4:12 applies to gable and hip roofs. This does not apply to portions of a roof that are separate from the structure s primary roof. (2) Flat roofs must be screened by a parapet wall that is capped by a three-dimensional cornice treatment. (3) Architectural styles that incorporate eaves must have the eaves extend from the building wall at least 12 inches, measured horizontally, on all facades. (4) The use of proportionally designed dormers on the roof is encouraged where they are appropriate to the architectural style of the home. (5) Prohibited Materials. Sheet metal (except Standing Seam Metal), corrugated metal, and cement asbestos shingles are prohibited as roofing materials. h. Anti-Monotony Standards for Townhouses. Variation in front elevations adds character and interest to communities. In order to avoid monotony, different floor plans and façade treatments should 26
be utilized to give residences their own identity. While some common elements may be shared, aspects such as color, material, detailing and landscaping can be used to differentiate homes. Compliance with the requirements listed below shall be reviewed as part of a required site plan before any building permit application is submitted. Townhouses shall incorporate variation to any façade of a building that faces a public road or private road by utilizing the following elements. (1) Variation in building/garage placement. The façade must satisfy at least one of the following: i. All façades shall incorporate wall offsets at least after every 30 feet of frontage that has a differential in horizontal plane of at least two feet. The wall offsets may be in the form of projections or recesses. An offset is also required whenever there is a change in building material. ii. For at least 25% of the dwelling units, garages shall be oriented either at the side or rear of the building. (2) Roof variation. The façade must satisfy at least one of the following: i. Changes in the roofline at intervals not exceeding 40 continuous feet in length, such as variations in roof pitch, overhangs, projections, exaggerated cornices, dormers, vegetated terraces, trellises and extended eaves. ii. Diminishing upper floors (gross floor area of upper story is smaller than the gross floor area of Acceptable Roof Designs the lower story). (3) Architectural design features. The façade must satisfy at least one of the following: 27
i. Distinctive window patterns that are not repeated within groupings of up to four dwelling units. ii. Balconies, bays, box-outs, faux balconettes, window overhangs, or secondary roof eaves with exaggerated projections and decorative supporting rafter beams. iii. Other architectural elements that the Zoning Administrator determines accomplish the objective of visually dividing the structure into smaller identifiable sections. Acceptable details and front elevations 2. Lot Design a. Driveway. Driveways should be deep enough to provide sufficient room for vehicles to park without encroaching into the sidewalk, to allow pedestrians and others to use the sidewalk. (1) The driveway length of front loading, front facing garages Not Acceptable shall be no less than 20 feet from the front property line. In case of communities with private streets, the 20 feet distance shall be measured from 28
the edge of the sidewalk (away from the street), parallel to the street. i. Parking facilities shall not exceed 60% of the area of the required front yard setback, or 400 square feet, whichever is greater. b. Equipment Location/Screening. Equipment such as a transformer is unsightly and detracts from a community s appearance. When it is necessary to locate these facilities within residential lots or public spaces, the equipment shall be screened to reduce negative visual impact. (1) On residential lots, equipment shall be located behind the building line of the house and screened from view by a wall, fence, or landscaping. In the event this is not possible, equipment must be screened with landscaping, which shall be maintained by the homeowner. (2) No such equipment shall be located in front of the main entrance or on the pathway leading to the main entrance. Not Acceptable (3) Equipment located in public spaces shall also be screened with walls, landscaping, or a combination of the two. Such screening must be maintained by the adjacent property owner or the community s HOA or PID. Acceptable c. Front yard landscaping. Landscaping should enhance the front yards of residences and soften the effect of the built environment. Vegetation should vary between residences in order to avoid a feeling of monotony. (1) The front yard must meet at least one of the following: 29
i. In the street frontage building setback, an area equivalent to at least 30% of the minimum front yard must be landscaped with vegetative cover other than turf grass* and maintained by the owner. Not Acceptable In addition, front yard landscaping in corner lots shall wrap around the side for a minimum of seven feet from the street facing building corner. * An arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion is desired. Each tree shall count for 25 square feet of the required landscaped area. The use of xeriscape plants or rain gardens is encouraged. ii. The street frontage building setback must be landscaped with at least six shrubs and one tree. In addition, front yard landscaping in corner lots shall wrap around the side for a minimum of seven feet from the street facing building corner with at least two shrubs. Acceptable Landscape Designs 30
3. Community Design a. Streetscape. The intent of this requirement is to provide appealing and comfortable pedestrian street environments in order to promote pedestrian activity, which in turn promotes public health through increased physical activity. An attractive streetscape is a significant community asset, and is often cited by homebuyers as an important neighborhood amenity. Homes designed in relation to the streetscape become part of the neighborhood, rather than a solitary residence. Features such as porches and rear-loaded garages facilitate this intent; however, not every home needs these elements because the entire streetscape works together to form a larger composition. (1) No more than eight single-family attached units shall be attached in any single row. (2) Each grouping shall have a separation of ten feet between the next townhouse grouping. A walkway between townhouse groupings, measuring at least 15 feet wide with landscaping along either side, can be used toward the open space requirement. (3) For internal residential streets within a new development of 20 or more single family detached dwelling units, the following zones are required on the side of the street being developed, starting from the back of the curb: i. A continuous sidewalk at least four feet in width must be provided. Meandering sidewalks are ii. recommended. A landscaped buffer area, at least six feet wide, must be provided between the sidewalk and the street. (a) Within the buffer area, street trees shall be located at an average interval of 40 feet. For communities with front-loaded front-facing garages, the trees may be placed in alternate landscape islands between driveways or clustered in some strategic spot along the street. For communities with a tree preserve, this requirement may be waived by the Zoning Administrator if there are enough 31 Not Acceptable
*Approved Street Trees: Mexican Buckeye Crepe Myrtle Lacebark Elm Dessert Willow Ash-leaf Maple Caddo Maple Eve's Necklace Yaupon Holly Redbud Spp. Little Gem Magnolia Tree Wax Myrtle Lacey Oak Carolina Buckthorn Flame Leaf Sumac Hollywood Juniper Bluepoint Juniper Chinese Pistache (b) (c) (d) (e) (f) (g) trees in the preservation area, and the area is in an appropriate location to compensate for the street trees. The street trees shall be centered at a minimum distance of four feet from the back of the curb. All required street trees shall have a minimum caliper of three inches, be at least ten feet in height at the time of installation, and must be irrigated. Trees shall be selected from the list of approved species*. No single species of tree shall represent more than 30% of the trees required to satisfy the City's street tree requirement in the community. A Landscape Plan meeting the above requirements shall be submitted along with the Public Improvements application for review. A root barrier at least 24-inch in depth and six feet in length on both curb and sidewalk side must be provided for all street trees. Street lampposts and mailboxes shall be located in this buffer area, subject to post office regulations for mail boxes. Street trees shall not be located closer than 15 feet to a lamppost. Acceptable (4) Separate walkways, at least three feet wide that connect the front doorway or porch to the sidewalk and to the driveway are recommended. (4) Perimeter streetscape adjacent to major thoroughfares such as a major arterial, minor arterial, or a major collector establishes an image of the city. In order to create interesting perimeter streetscapes with landscaping and meandering sidewalks, developers shall designate land adjacent to the street, at least six feet in width, as an open 32
space lot in the plat. The landscaping in that lot shall be maintained by the community s HOA or PID. b. Open Space. Open space fosters physical activity and provides opportunities for socialization among residents. (1) A community open space of at least 200 square feet per unit is required. A maximum of 20 percent of this area may be provided in private open spaces such as back yard, side yard, balconies or porches. A community open space will not be required for infill sites of less than 20 dwelling units, however, at least 150 square feet per unit of private open space shall be provided. (2) The developer must get a landscape plan approved by the City and install all landscaping prior to the issuance of a building permit. Planting may be delayed until optimum Acceptable season (no more than five months), if the developer provides the City with a performance bond or an irrevocable letter of credit for an amount that is at least 115% of the approved estimated cost of work. All such community outdoor spaces shall provide: i. A minimum of one tree and ten linear feet of seating for every 1,000 square feet of open space. ii. One trash receptacle for each 5,000 square feet of open space. iii. Public art and water features are encouraged to be incorporated into such spaces. (3) If there is an existing natural area or a preserve, interior to the community, it shall be preserved and enhanced. This area can be counted towards the open space requirement. i. Sidewalks or bike trails shall be built to access the space from the community. Publicly accessible places to sit shall be provided. The seating may be formal or informal and may include park benches, garden walls, and/or landscape elements such as boulders, fountain edges, and sculpture pieces. 33
F. Accessory Structures. (4) A community adjacent to a public park property must provide sidewalks or bike trails in the community to access the park from the community. (5) Such open spaces shall be maintained by the community s HOA or PID. 1. Types of Accessory Structures a. Portable Accessory Building. Portable accessory buildings are those that do not have a permanent foundation and do not exceed 320 square feet in floor area. A storage building purchased from a home improvement store and used for the storage of tools, etc. is an example of such a structure. b. Permanent Accessory Building. Permanent accessory buildings are those that have a permanent foundation and which may exceed 320 square feet in floor area. They must meet construction requirements of the building code. Detached garages, detached secondary living units, cabanas, storage buildings, and workshops are examples of permanent accessory building. 2. Building Design (1) Special conditions for a secondary living unit/caretakers quarters/garage apt i. It must be oriented towards side or rear yard of the ii. primary structure It must not contain more than one bedroom, more than one kitchen or more than one bathroom. iii. The owner must sign and record restrictive covenants limiting use of the accessory dwelling unit prior to the issuance of a building permit. iv. An accessory dwelling unit is not permitted on a lot with less than 5,000 square feet, except if it is a garage apartment located on top of a detached garage. a. Maximum Area. The total floor area of an accessory structure shall not exceed 50% of the footprint of the principal structure. b. Maximum Height. The height of an accessory structure shall not exceed the height of the principal structure. c. Exterior finish materials, roofing materials. The standards for exterior materials and appearance of the accessory building are 34
based on the size (area and height) of the structure itself and are set forth in the table below. Floor Area/Height Exterior walls Roof Masonry Foundation Less than or equal to 200 square feet in floor area; (i) Less than or equal to 8 feet in wall height Any approved building material per Building Code Any approved roofing material per Building Code No requirements No requirements (ii) More than 8 feet in wall height No metal Any other approved building material per Building Code More than 200 square feet but less than 550 square feet in floor area; regardless of wall height More than 550 square feet in floor area; regardless of wall height No metal Any other approved building material No metal; (see masonry column for more details) No metal, except standing seam metal (if present on primary structure). Any other approved roofing material No metal, except standing seam metal (if present on primary structure) Any other approved roofing material Roof pitch shall be compatible with the roof pitch of the primary residence. No requirements No requirements Approximately the same masonry coverage as the primary structure No requirements Permanent Foundation required for floor areas 320 sq ft or larger; engineered foundations required for habitable structures The exterior appearance of an accessory structure shall be architecturally compatible with the primary residence, including but not limited to coordination of architectural style, exterior building materials and colors, roof form and pitch, window style and placement. 3. Lot Design a. Front setback. Enclosed accessory structures such as a storage building or storm shelters cannot be located between the front property line and an imaginary building line drawn from each front corner of the main building to the side property line. STREET b. Side and Rear Setback. An accessory structure shall be located a minimum of five feet from side and rear property lines except as provided in this Subsection (3)(b). A minimum of 15 feet setback is required from the side property line, adjacent to a street, for a corner or reverse corner lot. The setback may be reduced to ten feet when a side screening fence is installed per Section 13-450.B.2., Privacy Fencing, Subsection b (4) Location of Fence. 35
A minimum of 20 feet setback is required from the rear property line, adjacent to a major thoroughfare. The setback may be reduced to five feet, if the accessory structure is no more than eight feet in wall height and is less than or equal to 200 square feet in area. c. Distance from other buildings. An accessory structure shall be located at least five feet from all other structures including a fence. Further, Article XIII, Residential Adjacency Standards and General Fence Requirements, Section 13-100, Applicability, Subsection (D) is hereby amended so that hereafter it shall be and read as follows: D. Multi-family residential uses in the "MF14", "MF18" and "MF22" districts shall comply with the requirements in Sections 13-200, 13-500(A) and 13-600 when adjacent to residential or vacant properties zoned "E", "R", "R1", "R2", "TH", or "D". Further, Article XIII, Residential Adjacency Standards and General Fence Requirements, Section 13-100, Applicability, Subsection (F) is hereby amended so that hereafter it shall be and read as follows: F. Structures and fences in existence at the time of the adoption of this ordinance shall be exempt from the residential adjacency provisions of this Article and of the General Fence Design standards in Section 13-400 but shall conform to the General Fence Maintenance requirements of Section 13-500. Any replacement, expansion or structural addition to these structures or fences shall conform to the provisions of this Article. (Exception: Compliance with these residential adjacency screening requirements shall not be required for expansions to buildings constructed before June 27, 1995 provided the structures on the site are not expanded by more than thirty percent (30%) of the existing square footage. Such additions of less than thirty percent (30%) shall comply with the screening requirements of the ordinance in effect on June 27, 1995. For pavement expansions see Section 14-200(A)(2). Note: All new development, including development which increases the overall square footage by thirty percent (30%) or more shall not be required to comply with the Residential Adjacency perimeter screening requirements of this Article if: 1. An existing screening fence located on the property being developed (i.e. the fence is on an adjoining property) complies with the ordinance in effect on June 27, 1995. Further, Article XIII, Residential Adjacency Standards and General Fence Requirements, Section 13-400, General Fence Design, is hereby amended so that hereafter it shall be and read as follows: 36
A. The requirements in this section shall apply to all fences in all zoning districts regardless if screening is required or optional. 1. No fence or other screening device, whether required or not, shall be higher than eight feet (8') above the highest adjacent grade within ten feet (10') of the fence. 2. When any stockade fence or other screening device, whether required or not, is located on a lot adjacent to a public street, said fence or screening device shall have its back side oriented away from view from the adjacent public street. For the purpose of this Section, the back side of the stockade fence shall be the side with exposed posts or rails. 3. Any wood stockade fence or portion of a wood stockade fence located adjacent to a major thoroughfare must meet the standards established below. For purposes of this section a major thoroughfare is a freeway, strategic regional arterial, major arterial, minor arterial, or major collector as identified on the City s Thoroughfare Development Plan. a. All vertical posts shall be two and three eighths inch (2 3/8 ) minimum outside diameter standard pipe gauge, or two and one half inch (2½ ) square by one eighth inch (1/8) wall gauge galvanized steel. Vertical posts shall be spaced at least eight feet (8 ) on center, set a minimum of eighteen inches (18") deep into two feet (2 ) deep, ten inch (10") diameter concrete post footings. b. Vertical slats shall be nailed to three horizontal bracing stringers (bottom, middle, and top nailer boards) running from vertical post to post. The size of the stringers shall be no less than two inch (2 ) by four inch (4 ) and shall be bolted to steel posts with non-corrosive metal anchor straps and one fourth (¼ ) non-corrosive bolts or screws. c. All nails or fasteners shall be of non-rusting, non-corrosive metal such as hot dipped galvanized steel. All nails or fasteners shall be of the type (such as screw shank, ring shank, or divergent point staples) that when properly driven, will not work free due to wind, vibration, or shrinkage of members. d. All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay. 37
e. The bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved through the use of a concrete strip poured between the fence supports or by raising the pickets to provide a minimum of three inches (3 ) between the bottom of the pickets and the ground. Ground to fence separation may not exceed four inches (4 ) if fence is a pool/spa barrier. A 2 x 6 kick board may be used to cover the gap between bottom of pickets and ground. This kick board may have ground contact. f. The following sketch indicates basic dimensional requirements and types of materials to be used. Standard and customary fence construction practices are required. (All dimensions are nominal). Three 2 x 4 wood stringers Further, Article XIII, Residential Adjacency Standards and General Fence Requirements, Section 13-450, Single Family Residential Fencing is hereby added so that hereafter said section shall be and read as follows: 38
Section 13-450 Single Family Residential Fencing A. Applicability. 1. These standards are applicable in all zoning districts, except the following: Planned Development Districts that have specific fence design standards, the Entertainment District ED Overlay District, the Village on the Green at Tierra Verde (VG) Overlay District, the Lamar/Collins Mixed Use (LCMU) Overlay District, the Downtown (DN and DB) Overlay Districts, Landmark Preservation (LP) Overlay Districts, and Conservation Districts. 2. Administrative approval providing relief from Perimeter Fencing standards may be granted for previously platted lots, infill and redevelopment situations in order to maintain compatibility with existing or adjacent fencing. 3. Section B.3 applies to replacement of residential fences or construction of new fences at locations where no fence previously existed in already built out single family residential subdivisions (existing neighborhoods). A fence permit is required when more than 50% of one side of the fence is being replaced. If the existing fence material is chain link, the entire side must be replaced with an approved material. If the existing fence is not chain link, the fence may be repaired with the existing material or an approved material. In all other cases of single family residential fencing, sections B1 and B2 apply. 4. Compliance with the requirements listed below shall be reviewed with each fence permit application. B. Residential Fencing Standards. Residential fencing standards are divided into two main categories: perimeter fencing and privacy fencing. Perimeter fencing is required to be completely installed by the developer for the boundary of the approved final plat in the areas as set forth below, prior to the issuance of a building permit. Privacy fencing is an option left up to the builder or homeowner; but if built it must follow the standards listed below. 1. Perimeter Fencing. a. Adjacent to major thoroughfares. In the interest of public safety and privacy, the following standards shall apply for all perimeter lots where the rear and/or side yards are adjacent to a freeway, major arterial, minor arterial, or major collector as identified on the City s Thoroughfare Development Plan. (1) Height. Six feet minimum and eight feet maximum, measured from the highest adjacent grade within ten feet of the fence. In order to create variation in the design of the 39
fence, at certain locations, for no more than 10 percent of the total linear length of the fence, the height may be increased to 10 feet with approval from the Zoning Administrator. (2) Approved Materials. 100% masonry (brick, stone, architecturally finished reinforced concrete), or any other sustainable material with more than 30-year life expectancy to give a long lasting, aesthetically pleasing appearance. Materials should preferably have a low maintenance factor and be complemented with landscaping, where appropriate. Ornamental metal rail fencing may be used to provide at least 50% openness for the portions of the subdivision abutting an internal park/open space or to emphasize the landscaping at the entrance. (3) Prohibited Materials. Chain link, vinyl and wood fencing are prohibited. (4) Design. The fence wall should be curved or angled at corner locations to accommodate appropriate visibility and add variety. Wall sections greater than 50 feet in length should incorporate at least one of the following design features that are proportionate to the wall length: i. A minimum one foot change in wall plane and height for at least ten feet, after at least every 20 feet. ii. A minimum 18 inch raised planter at least eight feet long, after at least every 35 feet. iii. Use of columns at 35-foot intervals. iv. Any other feature, approved by the Zoning Administrator that provides adequate relief from the monotony of a continuous fence. Acceptable Perimeter Fence Designs 40
b. Adjacent to minor collector and local streets. The following standard shall apply for all perimeter lots (except for lots one acre in size or larger, where this fencing shall not be required, but if installed will follow these standards) where the rear and/or side yards are adjacent to a minor collector or a local street. (1) Height. Six feet minimum and eight feet maximum, measured from the highest adjacent grade within ten feet of the fence. (2) Approved Materials. 100% masonry (brick, stone, architecturally finished reinforced concrete), or any sustainable material with more than a 30 year life expectancy. Ornamental metal rail fencing may also be used in combination with any of the masonry materials listed above. Composite fencing or vinyl fencing in a natural tone flat color (such as rust or tan) could also be used. In addition, Cedar or Redwood is permitted, but only if used with metal posts and metal caps or chemically pretreated wooden structural members (posts and horizontal members). Untreated wood posts are prohibited. Chemically pre-treated wooden horizontal members shall be 2 X 4. Wood screws shall be used to attach vertical slats to the horizontal member and metal brackets shall be used to attach horizontal member to the metal post. The side of the fence with the exposed posts or rails shall be oriented away from view from the adjacent public street. (3) Prohibited Materials. Chain link fencing is prohibited. c. General Standards. It is intended that all fences erected pursuant to this Section be constructed in such a manner to last 30 years with minimal maintenance required during said period. As such, all fences required by this Section shall conform to the following minimum standards: (1) The Building Inspections Division shall approve structural plans and specifications for fences and foundations. Such plans and specifications are to be submitted at the same time as construction plans for other subdivision infrastructure improvements are required. Said plans and specifications shall be prepared and sealed by a registered landscape architect, architect or engineer and shall consider 41
2. Privacy Fences. the site's soil characteristics, wind loadings, and other environmental considerations. (2) Fences shall be located on or within the property line. Fences may be in an offset configuration, as long as there is no encroachment into the right of way. (3) The materials, color and design of fences shall be uniform within an approved preliminary plat, unless otherwise approved by the Community Development and Planning Department. (4) All fences shall be placed at least nine feet from any existing or proposed City water line. Where necessary to comply with the foregoing, the developer shall be required to provide up to an additional nine feet of right-of-way. (5) All fences required herein shall be placed on or within private property and outside of the public road right-ofway. (6) It shall be the responsibility of any person, firm, corporation or other entity who shall own or occupy any lot or lots on which a fence was constructed pursuant to the terms of this Section to adequately maintain the fence and to prevent it from becoming dilapidated or unsightly unless otherwise specified as the responsibility of a mandatory HOA or PID. a. Adjacent to single family residentially zoned lot. The following standards shall apply for all fences where the rear and/or side yards are adjacent to a lot in a single family residential zoning district. (1) Height. Not to exceed eight feet measured from the highest adjacent grade within ten feet of the fence. (2) Approved Materials. i. Masonry (brick, stone, reinforced cement concrete) or any other sustainable material with more than a 30-year life expectancy ii. Ornamental metal rail fencing iii. Composite Fencing iv. Wood could be used but only if used with metal posts and metal caps. Chemically pre-treated wooden horizontal members shall be at least 2 X 4. Wood screws shall be used to attach vertical slats to the horizontal member and metal brackets 42
shall be used to attach horizontal member to the metal post. The side of the fence with the exposed posts or rails shall be oriented inward to the lot installing the fence. v. Vinyl fencing in flat white or flat natural tone colors such as rust or tan. (3) Prohibited Materials. Chain link fencing is prohibited b. Adjacent to internal streets. The following standards shall apply for all fences where the rear and/or side yards (all corner lots or lots with an alley) are adjacent to an internal street. (1) Height. Not to exceed eight feet, above the highest adjacent grade within ten feet of the fence. (2) Approved Materials. i. Masonry (brick, stone, reinforced concrete) or any sustainable materials with more than 30 year life expectancy. ii. Ornamental metal rail fencing iii. Composite fencing iv. Wood could be used but only if used with metal posts and metal caps. Chemically pre-treated wooden horizontal members shall be at least 2 X 4. Wood screws shall be used to attach vertical slats to the horizontal member and metal brackets shall be used to attach horizontal member to the metal post. The side of the fence with the exposed posts or rails shall be oriented inward to the lot installing the fence. v. Vinyl fencing in flat white or flat natural tone colors such as rust or tan. (3) Prohibited Materials. Chain link fencing is prohibited. (4) Location of fence. Privacy fences may be located along the property line with the following exceptions. i. In the interest of public safety and considering the visibility triangles, no fence may be taller than two feet when located on the side property lines of a corner lot or a reverse corner lot. ii. Any fence that is more than two feet high must be set back at least five feet from the side property line of a corner lot. Similarly, in the case of a reverse corner lot, any fence that is more than two feet high must be set back at least 7.5 feet from the side property line. 43
c. Adjacent to parkland or an internal designated open space. The following standard shall apply for all privacy fences where the rear and/or side yards are adjacent to a dedicated open space or parkland as identified on the Parks Master Plan and other fences where the rear and/or side yards are adjacent to an internal park or dedicated open space. (1) Height. Not to exceed eight feet, above the highest adjacent grade within ten feet of the fence. (2) Approved Material. Ornamental metal rail fencing with columns (brick or stone) or Acceptable ornamental metal posts shall be used to provide at least 50% openness. Vinyl fencing in a natural tone flat color (such as rust or tan) could also be used providing the same percentage of openness for lots adjacent to internal open spaces only. In the interest of privacy, homeowners may choose to plant vines or shrubs along the fence on their property. (3) Prohibited Materials. Chain link and wood fencing are prohibited. 44