Case Information

*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 7/14/2015 4:13:15 PM LISA MATZ Clerk

*1 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, 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. 05-15-00296-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 FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS STATE OF TEXAS, Appellant vs. FARHADNAYEB, Appellee APPELLEE'S BRIEF *2 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 *3 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 *4 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 APPLICA TION ....................................................................... 8 IV *5 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">RA YER .......................................................................................................................................... 24 CERTIFICATE OF CO!v1PL1ANCE ...................................................................................... 25 CERTIFICATE OF SERVICE ................................................................................... "" .............. 26 APPEi\TD IX ......................................................................................................................... , ............ 2 7

v *6 INDEX OF AUffiORITIES Baird v. City of Melissa, 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. 7 40 SW2d 803, 806 (!'ex. Crim. App. 1987). ............................................ 5

City of Kermit v. Spruill,

328 S.W.2d 219,223 (Tex. App.-El Paso, 1959) .............. 9

City of Mesquite 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 of Austin,

93 F.3d 167, 174 (5th Cir. 1996) ............................... .17

Grayned v. City of Rockford,

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 of Pasadena,

669 F.3d 225 (5th Cir. 2012) ......................................... ..19

Mayhew v. City of Sunnyvale,

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 of Dallas 235 S. W. 513 (1921) ................................................................. 7 & 9 VI *7 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 *8 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! *9 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 *10 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 *11 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 *12 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 seek review by Mandamus, which was heard by this Court in to allow the State Cause No. 05~14-00572-CV and then again via the State's rv1otion for Rehearing in

Court rejected the State's Writ of Mandamus. On February

the same cause.

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 *13 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 *14 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 of Dallas, 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 *15 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. 3 7 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 *16 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 *17 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 *18 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 of Dallas, 235 S.W. 513 (Tex. 1921).

9 *19 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

left

to guess at the ordinance's meaning. Similarly, in Lindig intelligence would

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 *20 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 !d. In making this determination, the task of discerning the city council's intent. 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 5 1 h and 14tr: .Amendments to the United States Constitution guarantee each citizen protection from arbitrary denial of life, liberty, and property without due . Further, Article 1, Section 19 of the Texas Constitution guarantees process of

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 *21 (?f.Rockjord, vagueness if its prohibitions are not dearly defined." Grayned v.

408 U.S. l 04, 1 08 ( 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 *22 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 *23 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 1 05 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 *24 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 F mmer 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

ovm

subjective agendas, and what term may use to describe prohibit based on

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

to operate convenience stores on their respective properties.

within the City

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 *25 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 City and its stores are like grocery stores in that they sell some food products. 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 14 1h Amendment of the United States and Article 1, Section 1 7 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 *26 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 of Austin, 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 *27 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 14 1h 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 *28 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 *29 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 *30 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 *31 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 *32 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 *33 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 *34 Respectfully Submitted, By: Is/ Thomas H. Keen

Thomas

H. Keen Texas Bar No. 11163300 555 Republic Drive, Suite 325 Plano, TX 7 507 4 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 *35 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 *36 APPENDIX 27 *37 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 promo ling 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. <ltntoral Description bbn•vlation iArricultural District: The A£ticultural district provides for the continuance of farming, ranchina, and gardening activities on land now utilized for these ~ ~· When land in the Aaticutture district Is needed for development purposes, it is antidpated the zonins will be chanted to the appropriate zoning at~ories to provide for orderly growth and development In accordance with the Comprehensivt> 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. :;rrvt.,.Familv llni<l«<tial District· : The Sifli(e-family Residential-2 district provides for a low density, single family residential development of a F-2 relatively spadous character t<lflether with such public and semi-public uses as may be necessary and compatible with residentialn<!ighbortloods. The "'•nimum residential lot In this district is ten thousand_i10.000}_sq_uare feet. F·l inflltt-Familv Residmtial District·3: The Sinwle·family Residential·l district provides for a low density single-family and two-family residential kfevelapment and oennits smaller twe housina. The minimum r~dentiallot In this district Is six thousand 16 0001 sauare feet. IMulti·Familv R•sid«<tial District: The Multi-Family Residential district permits hither denSity development of multiple· family dwellings not permitted in MF he more traditional single family districts. The density in this district shall not exceed fifteen (151 units per acre. rftl Ho,... Part District: The Manufactured Home Park district is Intended to accommodate manufactured home development within the City. MH minimum of twentv , 20 acr~ is reautred for anv manufactured home oar!<. rstrictftl c.,...,.,rcial District: The Restricted Commerdal distnct IS intended to accommodate limited retail, commercial and office uses that are

·I

~lly found in central busln~s districts. ·2 Mrol CofJ'JIJHtrciol D;strict: The General Commerdal di5trict permits retail, commercial. and office uses which requ1re considerable space for display, at~ or apen storage or by the nature of the use Is generally not compatible with uses in the C·1 District. itllt Industrial District: The Lltht Industrial district is intended to accommodate litht Industrial uses and those commercial uses requiring outside ·1 torage and display. The r~ulations are designed to provide for a mixture [of) commerdal •nd light Industrial or manufacturing uses with proper tandards to encouraae attractive work areas for dtizens. ~avv Industrial District: The Heavy Industrial district is intended to accommodate a wide range of industrial uses, some of which may aenerate ·2 fobjectlonable or hazardous conditions and therefore are not compatible with other land uses. Pennltted uses include manufadurlnw, processinw, ~ssembllns, warehousing, and distribution. This district can also accommodate commerdal uses which have outside storage and display and which support ndustrial fadllties. IPionn.d Ornloornent District: The Planned Development district provides a zoning cat~ol)' for the planning and development of larger tracts of land or D racts of land with unique characteristics for a single or combination of uses requirtna flexibility and variety in design to achle-e orderly development with klue resot!Ct to the orotection of surroundinv orooertv. istoric C>nrlov District: The Historic Overlay district is Intended to protect, enhance and perpetuate the districts and landmarl<s of historical and

~0 ultural tmporUnce and to promote the economic. cultural, educational and general welfare of the public. Comtnf!rciol Corridor Ov•rlov Oistrict: The Commerdal Corridor Overlay district is intended to luide new development and redevelopment along the US C/0 Highway 75 and the Collin County Outer loop corridor; by designating a wide array of permitted uses, incorporating development flexibility for varying !marl<et conditions and establishing enhanced standards for the desi111, appearance and placement r:l buildings and other site Improvements, landscaping, ;tons utlliti~ liohtinv. fences and screeninv. ISD<td/ic Usf! ,..,mit: The uses listed under the various zoning districts as Specific Use Permits are so classified because they more intensely dominate the

~UP

rea In which thev are located than do other uses permitted In the district. (Ord. No. 13-21. adoplftd 4·23-13, Sec 2) SECT!ON4 ZONING DISTRICT MAP 4.1 The boundaries of the zoning districts as established herein are delineated upon the zoning map of the City of Melissa, Texas, said map being hereby adopted as a part of this ordinance as tufty as If the same were set forth herein in detail. http:/ /library .municode .com/print.aspx?h=&c lientiD= 13 543 & HTMRcquest=http%3a%2B~ ... 1/6/2014 *38 1\1unicode Page 2 of62

4.2 Two (2) origin;,!_ official and ldentical copies of the zoning rn.ap are hereby adopted Dearing the signature of the Mayor and attestation of the City Secretary and shall be flied and maintamed as fellows: (a) One copy shall be filed wiih the City Secretary, to be retamed as the original record and shall not be ctlanged in any manner. (b) One copy shall be displayed for puo»c view in the city hail and shall be maintained up-to-date by posting thereon all changes and subsequent amendments

This zoning map shai! be referenced when Issuing building permits. certificates of occupancy and for enforcing this zoning ordinance. Reproducuons for information purposes may from time to time be made of the offioal zoning maps. The map m~y be updated as individual zoning requests (C) are approved. Sf'~DQN !5 j,yNING DISTRICT BOUNDARIES 5.1 The district boundary fines ::.hown on !he zoning map are usuafiy along streets alloys. property' lines or extensions thereof \'Vhere uncertainty exists as to the boundanes of distncts as shown on t~e offloal zc.ning map. the following rules shall apply. 5.2 Boundaries ondicated as approximately following streets, highways or alleys shall be ronstrue<l to follow the centeri,ne of such street highway or ailey 5.3 Boundanes indicated as approximately following pta!!ed lot !ines shall be construed as following such lines. 5A Boundanes imhcated as approximately foUowmg city limits shalt be construed as following city limHs. 5.5 Boundaries lnaicated as foUuwing railroad or utility Hoes shaH be construed to be the centerline ot the right--of~way or if no cemertine is established, the boundary

s11al: be Interpreted 10 be m<dway between the nghl-of-way lines. 5.6 Boundaries indicated as approximately totlowmg the streams. drainageways. Of other bodies of water shall be con5\11Jea to !ollow the ~.ent~rl!nes of such streets. drainageway, or other body. 5,7 Boundanes indicated as parallel to or extensions of features indicated in subsections 5.1 through 5.6 abo\le shall t;<e so construed Drstaoces not specifically Jndicaled on the ori-ginal Zoning Map shall be dete-m1tned from the grap111C scaie on ·the map 58 V'Jhene~er the stnret alley Of other public wa:y is vacated by oftkia! action of the City CounciL or whatever street or ailey area is franchised lor bui!cttng p\Jrooses. the zoning dis1rie1 line ad1oimng each side of sud1 street alley or other pubtic way shatl be automatically extended to the centerline of such var..ated street, alley or way, and ali areas so invotve<l shali then and hencefrnth be sucject to all regulal<ons of the extended dlstncts

5.9 \!\>here 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.on<ng distnct ot.i1er than the .A.gnculturat District by the City Counci in ttw mamJi!r ~rescribed t>y 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<ury. and other related uses are permitted so long as they do not cause a hazard to health by reason of unsanitary conditions. are nol QffensJve by reason of odors, dusL fumes, noise o; vibrations to persons of Drdinary sensibilities and are not otherv .. 1se detnmental 10 the pobhc safety and wetfare

8.:3 Ares and Height Regutatwns and Minimum Dwelling Size_ The requirements regulating the minimum lot size. mmimum yard sizes, maximum building height rnaximum percent of lot coverage by bwfr!ings and accessory uses, and the minimum Owe!llng size sh.at! conform With the schedule found in Sed1or- 21 fOrd No 13-21. adooted 4-2.3-13 Sec 3_1

Q£,CI!Q_~

"SF-1" $/NGL/i; FAMILY RE$/Q!;_NTIA!, OISTRtCT-J 9,1 General Purpose and Descnf)i.iOtt This. distriCt" is intend~d to prov1de tor lorgcr lots vlith as~ociated large single famil•J res!dentJa! awe!hng-s and .accessory structures. Such distrtds will usually be tocale<l in relaflvely remote area•. separated from heavy traffic and major thoroughfares This district io also appropnate in areas of environmental sensitiv1ty and/or une>~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%3a 0 :'02fl:lo ... 1/6/2014 *39 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.<imum buiidmg heighi. maximum percent of lot coverage oy buildings and accessO!y uses. and the minimum dwelling s1ze shall confonn with the .scheduiB found in Secbon 21. ~E~T:mu!l :§EX S,LVGLfi_f_N-A!L Y fi£$JQENiJAJ.cQl$.IFili:.I:?. 10.1 General Purpo:;.e anc! Oescnpdon This district is designed to provide for iov.t density. traditional single family re:::id:entiat development. This district is appro~,fiate as a buffer between hi!Jhflf oensity resrdential uses and agncultural andior estate type residential areas, Hl2 Permitted Uses Uses perm1tted in the SF-2 Distnct 1ncluOe those hsted in Schedule of Uses. found in Section 20 hereof 10 3 Area and Height Regulations and Mirnmom Dwelling Size The requirements regulating the mit1irnum !at size. minimum yard s1zes, maximum building tJe!ght.

maximum percent of let coverage by buildings and accessory uses. and the mimmum dv1elhng s1ze shall conform with lhe schedule found in Section 21 _ $J:t;.JtQNJ1 ~F·J" $INGLE FAMII, V RESIDENTIAL D!STRICT-3 11.1 General Purpose and Description. This distric! is designed to accommodate smgle family resident:al development of somewhat higher denSity than found in the SF·2 District and SF -1 Distnc1 This db~nct is appropriate as a .buffer be!\-veen multi-famiiy residential areas or some commercial areas and lower density smgfe famil}' residential areas.

1 i 2 Permitted Use!:. Us-es pem~:tted in the SF~3 District lnclude those listed m Schedule of Uses found in Section 20 hereof. 11.3 Area and HfNght Regulations and Mmimum Dwelling Size. The requirements regulatmg the minimum !ct size. nnn1mum yard s1zes. maxHnum buiidtng he1gt1t,

maximam percent of !ot coverage by buildings a'id accessory uses. and the mmimum dwelling size shall conform wi-th the schedule found in Section 21 (Ord_ No 13·21, adOoted 4-23·13 Sec ,J)

;>~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-<J( of a re!u$e faCility, measured alonq the deSignated pedestrtan and

vehtcuiar tfavei Wfi'Y. There shaH be ava!labJe at all times a! least six \6} cubic yurC-5 of reh1se container per thirty (30) multi#famHy dvJe-!ting units_ For t:omplex.es with l-es~ than t.~irty t30) units. no less than f;:Jur (4) cubic yards of refuse container snail be provided. Each refuse facility shaft be screened from view on three sides from perso-ns slanding a1 ground teve! on the s1te or anmediately adjoirung property. b':f an opaque- fence or wall of wood or masonry no! less-- than six- (6) feet rmr more than etght (8) feet In height or hy an endost~r€ with:n a budding Retuse cootamers shaH be- p-rov1ded and maintained in a manne-r to satisfy pubirc health and sanitary regulations Each refuse tadlity shall be located so as to pnvi<:te -s:afe and convement p1ctup by refuse cot!ect!cn age-ncies.

12.6 Border fenong of wood or mason-ry of not less than six (6) feet m height shafl be installed by the builder at the fime of con:r.-truction of any multi·fami!y complex. a!cng the property Une on any penmeter not abutting a pubfic street or right-of-way. Ttus fence shall be maintatne-d throughout the existence of the mu!h-fami!y unit by the owner.

12.7 Each unit in nny multi-stor_y design, regardless of density. shall be ptovtdeO With tv;o (2) points of entry and exit v,nth each providmg separate access to places of safety in th€ event of fiJ e or other emergency. ~-~Q!QN 13 MANUf:!jf;;_TUR£0 HOME PARK DISTRiCT 13_1 General Pur!Jose and Desc;iption. This dislnct IS designed to accommodale manufac1ured heme development No m-ara;tactumd hvme shaH oe pe-rmitted to be located within the City of Melissa unless located in an authorized manufactured home pam No mobile home constructed prior to June 15, 1976- shall be p-ermitted to be located wrthin !he city lirmts. The mrnimum &Ze ol any manufactured home park shall be twenty {20i acres.

13.2 Permitted Uses. Uses pmmitted in the MH District 1nclude those listed <n Schedule of Uses found in Section 20 hereof. Only one ( 1) manufaciUTed home shall be permitted on eacn tot or space. 13 3 Area and Height Regulations and Minimum Dwelting Size T!w requirements regulating ihe minimum lot size. minimum yard SIZ:es. maximum bui!aing he1ghL maximum percent of lot coverage by buHdings and accessory uses, and the mimmum dweUiny s•ze shall conform with the schedule found in Section 21. 13.4 Reserved. 13.5 Design and Construction Stdndaros. Streets. Internal streets. sign.age, street fights shall be prtva~ely owned. buttt and mainiained uniess de-dicated to and accepted b-y the city. Streets tights-·Of· p;,_)

way widths shail be a minimum of fifty feet (50') and the pavement width shatl be not less than lhirty-one f~t (31') wHh curb and gutter. Dead end streets shall not be longer than six tamared feet (66') and shaH have a permanent paved turnaround of eighty feet (80'). No partial or half streets shall be perrrutted except with formal approvnt by !he City Couf'l('.il All stre-ets shall be constructed w:!h six inch (6""} remforceti concrete payernent with integral curb and gutter wh1ch meets the approval and standards of ihe City Council.

(bJ Dnveways Parl<iog Areas. and Walkways. All lots shall be pmv•ded Wlltl a reinforced concrete walkway from the manufactured home to the dnveway which is at least four !&e! (4') b width. Each iot shall also be provided WJ!h adequate dnveway and parl<mg area to accommodate at least two vehicles and wtuch shall be paved with si> 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

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(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<. 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

(f) 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. Frre Protection. All ser,.ce buildings (office. !aundf)' faciliiics. shops. etc) shall be provided with af least one ~re extingwsher

(g) lh) Gas Supply Gas piprng shall oe installed undergrouno in accordance wrth the city's ptumbin9 code and conslruct<nn standaras and the gas supplier's

standards. Gas outleis shall be capped when the lot rs vacant Natural gas shall be supplied excepilhailiquefied petroleum gas system may be .nstalled in the nearest a•iailabie natural gas supply main is !ocate-a more than one thousand {1,000) feet tro-m the park and is permitted by the City Council

{i} Extensions and Ado:-Ons. No structural extension shatl be attached to a manufactured home in violation of the spacing and clearance requirements. h bui!diog permft shall be required for any ext-ension or add-en structure All extensions or add~on structures must be cons:ructed in accordance wt!h the city's hllild!ng codes and ordmances. All extensions and .add~Of1 structures shall be dismantled and removed vvta~n the adtoinmg manufactured home 1S removed from the tot

(D Solid Waste- Disposal. EaGh lot shall subscribe to a solid waste collection service in accordaoce with the city's poHcies and regulations. (k) Anchoring and Skirtmg Hc-quirements Each manufactured home wlthrn the park shaH be mstalled and anchored in accordance with the Texas Department of

Labor and Standards rules and regulations. Also, eac:h marufactured home w1thin the park shal~ be installed wilh a paintt•d meta! (>f wood sfo<irting around the perimeter o! the dwelling which shaif be instaUed witt'Hn thmy (30} days of placement of the manufactured home. The fatlme to instal! :his skirtrng shall be deemed an offense agarnst lhe City.

(If Operaeioflal and Maintenance Requirements. All manufactl.;red homes shall romplyw1th the foUowlng operational and main1enance requirements· ( 1) The <>Jwner 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 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 (2) c~nd•hon. free of accumulations of debris, trash. ana !ugh weeds and grass. The owner or manager shall also l<eep aU streets and sodewalks m good and safe condi1ion. lf.ft1eoever the owner or rnanag-er is notified by the city. or other appropriate authority. ihal unsafe or unsanitary conditions exisL he or she shall abate the condition or nuisance within the allotted tlme as provided in the notice to him or her or he or she shall be guiny of a misdemeanor offense Tn.e 0\•mer or mar.age-r of the manufactured home pane: shaH be responsible fo1 insurmg that park residents. mee-t !he aop!icab/e ancnoring and skiJ1ing

\3) reqv1rements as outlined in paragraph (k; above. Such requirements sha!l be incorporated tr; ail tease or rental agre-ements and stipulate that fatlure to do so will resuti ir. the evichon ot the resident and hiS property from the park. Failure of the owner or mana9er to require compliance with such anchonng af'-d skirtmg requirements after due notice hy the city or faiiure to start ev;ction proceedings shall be unlawft.d

!On:i No 13<2f ac·omea 4-23·13. Sec 3!

SECTION 14

"C·i" RE;STRICTED COMMERCIAL DISTRICT it! i Ge-neral Put!XJS-e and Description· The C~ 1 District is 1ntencted for office fac1lities ne:ghtmrhood shopping fac1liUes and retail and commercia! facHihes of a service character. I he C~ 1 D1stnct JS es1-atlhshed to accommodate such uses compatfbte w1th central business distnct area. 14.2 Pennitted Uses· Uses permitted in the- C-1 District include those listed in 5chet:1u!e of Uses tountJ in Section 2.0 he~eof and arE! subject to the following conditions (a) The business $hall be conducted: wtmlfy wdhir: an enclosed Uuildjng: {b) Required yards shall not bi"i usect for disp-lay, sale or storage of merchandise or for the ~torage of vehicles, equipment, contain•::rs or -..v-dste material; I c) AH merchandise shall be sold at ietalt on the premises: and (d} Such u:se s.hall noi be objectionable because of odor, excessive light. smo~e, dust. norse. vibration or similar nuisance to a person of orctmary sensibi!i!ies 14,3 Ate-a and Heig:?f Regu!5Uarys and Minimum Dw~!!mg Size-: The requirements regulating lhe minimum lot size. mmJmum yacd s.zes, maxlmum building height,

maxtmurn- percent of lot coverage by buiidings and accessory uses, and !he- minimum dwelling size stu:tlf conbrm with the schedule found in Section 21 (Oro No ~3·21 ariopttfflJ·23·f3. Se-c. J)

SECTlON \5 :G·2" Gfil:J{i_f!AI,.f;;QMME;.ftQ1J-.J2LSil!.!Q 15.1 General Purpase and Oes.t:nption rne C-2 Distr}ct is imender:t to provu:te a zoning categcry similar to the C-1 0Jstict, except that addtbonal uses are permlHed ·;Jhich may or may not generally be c.arriB-d on comple-tely w!thin a building or structure. and an expanded range of :service and repair uses is penmt1ed. 1 ~:_ . ., U:se Regviations· Uses per;r;iHed ;n the C~2 District indude !hose !tsted in Schedule of Us.es found !n Section 20 15.3 Aroa and Height Regulations and Mmimum Dwelling Stze· The requirements reg-uiating the minimum lot size. minimum yard S-i?e-S. maximum budding lle!ght.

maximum percent of lot coverage by buildings and accessory uses, and the mimmurn dwe!hng size st~all (".Onto!Ttl wHh the schedv!e found fn Secbon 21.

SECTION 1?

·1·1" LII)HT INOl/STRIAL DIS_TRICT 16.1 General Purpose and O.escription: The purpose of thls district is to provide for light industrial uses and those commercia! usP.s tl'?qulring outside storage and drspla~·. The regqf.ahons are de-s:gned to proVIde: for ~ m1xture of commercial uses and light inuustria-1 or martufactunng uses wttt· proper standards to enr.:ourage attrachve working areas for citizens.

16.2 Use Regulations. Uses r.ermttled in the 1·1 Ot~tnct 1nclude !hose listed in Schedule of Uses found in Section 20 hereof and are sub1ec11o !he following conditions: (a/ All bus;ness. servicing, or processing. except for off-street parking, ott-street loading, dis.play of merchandise for sale to the public, and establishments of the "dfivewin~ type, shall be condur.:tect within completeiy enclosed areas. (b! AH stora:Je wtU11n one hundred teet \100') of a feSJdance district. except for motot vetuctes in OtJ~:t.Jl.llt: t;.OnUition, shaH be wiu-,in cornp!e!ely e.-n:Josed bwldings cr effectively screened with screening not tess than six feet {C') nor more than tnght feel t8') in height provlded no storage located WJthin fifty feet (50') of such screemng s-hall exceed the maxlmum height of such screemng.

(c) Permitted use) in !he !-1 District shall not disseminate dust, fumes, gas, noxiot.s odor, smoke. glare. or other atmospheric influence. (d) Permitted uses in the J, ·1 Distnct shall produce no n01se exceeding in intensity. at the boundary of 1he oroperty. the average intens1t:y of noise of sire~t traffic (e) Permitted uses in the I· l District shall nol create fire hazards on surrounding property.

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16.3 A~ea and Height Regulations and Minimum Dwelling Size: The requirements regulating the minimum lot size. minimum yard sizes. maximum building height. maximum percent of lot coverage by buildings and accessory uses. and the minimum d-Hing size shall conform with the schedule found in Section 21. (Otd. No. 13-21, adopted 4·23·13, Sec. 3)

SECTION 17 "1-2" HEAVY INDUSTRIAL DISTRICT 17.1 General PUIPOSe and Description: The 1-2 District provides for a wide range of industrial activ~ies, some of which may generate objectionable or hazardous conditions and therefore are not compatible with other land uses. Permitted uses include manufacturing, processing, assembling, warehousing. and distribution. Thts district can also accommodates some commercial uses which have outside storage and displays.

17.2 Use Regulations: Uses permitted in the 1-2 District include those listed in Schedule of Uses found in Section 20 hereof and are subject to the following conditions: (a) All business. servicing. or processing. except for oil-street parking. oil-street loading, display or merchandise lor sale to the public. and establishments of the "drive-in" type, shall be conducted within completely enclosed buildtngs unless otherwise indicated. (b) All storage within one hundred feet (100') of a residential district. except for motor vehicles in operable condition. shall be within completely enclosed buildings or effectively, screened With screening not less than six feet (6') nor more than eight feet (8') in height. provided no storage located within ftfty feel (50') of such screening shall exceed the maximum height of such screening.

(c) Such lacimies lor the manufacturing, fabrication. processing or assembly of products, provided that such facilities are not detrimental to the public health, satety or general -Hare. and further provided that the following performance standards and city ordinances are mel: (1) Smoke: No operation shall be conducted unless it conforms to the standards established by any applicable state and federal health rules and

regulations pertaining to smoke emission; (2) Patliculate Matter: No operation shall be conducted unless ~ confonns to the standards established by applicable state and federal health rules and regulations penaining to emission of particulate matter; (3) Dust Odor. Gas. Fumes. Glare. or Vibraffon: No emission of these mailers shall resuk in a concentration at or beyond the property line which is detrimental to the public health. safety or general welfare or which causes injury or damage to property; said emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions;

(4) Radiation Hazan:ls and Electlical Disi!Jrllances: No operation shall be conducted unless ij conforms to the slandards established by applicable state and federal heahh rules and regulations pertaining to radiation control; (5) Noise: No operation shaD be conducted in a manner so that any noise produced is objecttonable due to intermittence. beat frequency or shnllness. Sound levels of noise at the property line shall not exceed 75 DB(A) permitted for a maximum of fifteen (15) mmutes in any one (1) hour; said operation shall in all cases confonn to the standards established by applicable state and federal heallh rules and regulations and to other ~ ordinances pertaining to noise: and

(6) Water Pollution: No water pollution shall be emitted by the manufacturing or olher processing. In a case in which potential hazards exist. it Shaff be necessary to install safeguards acceptable to the appropriate state and national heafth and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said saleguards are acceptable to said agency or agencies.

(d) Other manufacturing and industrial uses which do not m - the general definition for manufacturing processes may be permitted by the City Council after public hearing and review ollhe parbcular operational charactenstics of each such use and other pertinent data atfecting the community's general -lfare. Approval ol uses under this subsection shall be made in accordance with Section 28.

17.3 Araa and Height Regulations and Minimum {)welling Size: The requirements regulating the minimum lot size. minimum yard sizes. maximum buildmg height. maximum percent of lot coverage by buildings and accessory uses. and the minimum dwelling size shall confonn with the schedule found in Section 21. (Ord No. 13-21. edopled4-23-13. Sec 3)

SECTION 18

SPECIAL ZONING DISTRICTS l•l

"PD" PLANNED DEVELOPMENT DISTRICT

(A) ( 1) Genera/ Purpose and Description: The Planned Development District "PO" prefix is intended to provide lor combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibiUty in the use and design of land and buildings in situations where modification of specific provisions of this ordinance Is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and wiH not be harmful to the community. A "PO" District may be used to permij new and innovative concepts in land utilization. Whae great flexibility is given to provide special restrictions which will allow development not otherwise permijted. procedures are established herein to insure against misuse of the increased ne.ibijity.

(2) Permitred Uses: Any use specified in the ordinance granting a Planned Development district shall be permitted in that district. The size. location. appearance and method of operation may be specified to the extent necessary to insure compliance with the pufPOse of this Ordinance. (3) Development Standards: (a) Development standards lor each separate PO District shall be set iorlh in !he ordinance granting the PO District and may include but shall not be limited to: uses. density.lot area. lot width. lot depth, yard depths and widths, building height. building elevations. coverage. floor area ratio. parkmg. access. screening, landscaping, accessory buildings. signs. lighting. management associations. and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. In the PO Distnct, the particular district(s) to which uses specified in the PO are most similar shall be staled in the granting ordinance. All PO

(b) applications shall list all requested variances from the standard requirements set forth throughout this ordinance (Applications without this list will be considered incomplete, among any other reasons an application may be deemed incomplete in accordance with City ordinances. as they exist, may be amended or in the future arising).

(c) The ordinance granting a PO District Shall include a statement as to lhe purpose and intent of the PO granted wherein. A specific list is required of variances in each district or districls and a general statement for citing the reason for the PO request. (d) The PO District shall conform to all other sections of the ordinance unless specifiCally exempted in the granting ordinance. (e) The minimum acreage lor a PO District shall be three (3) acres.

(4) In establishing a PO District in accordance with this Subsection ( 18)(A). the City Counci shall approve and ftle as part of the amending ordinance appropriate plans and standards for each PO District. During the review and public hearing process. the Planning and Zoning Commission and City Council shall require a conceptual plan and a development plan (or detailed site plan). (a) Conceptual Plan: This plan shall be submitted by the applicant. The plan shall show the applicant's intent for the use of the land within the proposed

planned development district in a graphic manner and shall be supported by wrillen documentation of proposals and standards lor development. ( 1) A conceptual plan for residential land use sh"U show general use, thoroughfares and preliminary lolling arrangements. For residential

development which does not propose platted lots. the conceptual plan shall set forth the size. type and location of buildings and building sHes. access, density, building height. ftre lanes. screening, parking areas. landscaped areas and other pertinent development data

(2) A conceptual plan for uses other than residential uses shaH set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the Planning and Zoning Commission or City Counci. may indude, but is no! limited to, the types of use(s), topography and boundary of PO area. physical features of the site. existing streets.

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alleys and easements. location of future public. facilities. building height and loc.atfon. pan-ing ratio5 and other information to adequately describe !he proposec development and to provide data for approval which is to be use<! in drafting the final development plan.

(3) Changes of detail Which do not alter the basiC relationship of the proposed development to adjacent property and whrell do not alter tile uses permitted or !ncrease the density, building lteight or coverage or !he site and whrch do not decrea"" the off-street parlung ratio, reauce the vards provrded at the boundary of the srte. or significanUy alter the landscape plans as indicated on the approved conceptual plan may be authonzed

- - - - - - - - - · -·~--··------~----~Y l~!:.C:il'f~B.u!!.d_i~gg1!JE!~~_tl~ _desig.£13_f!lS!.E!:E!!~':r:!£i!l~,. If anagr~ep_e_r>t.!~_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, parl<iways, playgrounds, utiHty easements. school sites stree-t widening and stre-et changes; the points of ingrto::-ss and egress t'rom existing s-treets; general locatiOn and descr!phon of ex1sling and proposed utility services. fnduding size of water and sewer mams, ttH~ location and width for all curt cuts and the land area of al! abutting srtes and the zomng classrfication thereof rJn an accurate sur~ey of tile trad with the topographw.al conlom interval of not more than five (5) feet A site pian fot proposed budding complexes snowing the locat;on of sepatate buHdu1gs, and between Owildwgs and property !Jnes, street hnes

(3) and aiiey Une$. Also to be included on the site plan is a plan shOWb"\Q the arrangement and provrsion of off-street parking: 1,4) A tandscap~ plan showing screenmg watls. ornamental planting. wooded areas ana trees to be planted· and {5) An architectural ptan showing eievat1ons and signage style to be -used throughoul the dcvelopmenl mall dismcts exc.~pt single--family and dupiex

may t1e required by the Planning and ZrJning Commission or City Council ;f deemed appropriate. Any or all of the required mforrnation may be rncorporated on a single drawing if such draw•rg IS clear and car. t>e 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. 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 (i) 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<l valious PD D1stricts. they are to be conlmued tn fun force anct efted. The establishing ordinances or parts of or-cknances apor-oved pnor to th1s ordinar:::e shaH be ::::arr;eo fort!1 in full force and effecf and are the condrho-ns restrictmns, regulations and r-eqwrements wh1ch apply lo tr1e respective PD Dtsrricts shown on the zomng map af the date of adoption of this Ordinance

'"SUP" SPECIFIC USE PERMIT

{B} ( 1) General ProviSionS: T!u;: Clly Coon-ell, by an affirmative vote, may, after public hearing and proper no lice to all parties affected, anct after recommendations from the Planning and Zoning Cvr.1mission that the uses are in general conformance with the Comprehensive Plan and ge-nera\ obJectives of the City and con!ainmg such reouirMJerrs and safe guards as are necessary to protect adJoining prope1ty authorize application and shall be accompanied by a site pian dra\vn to scale and showing the general arrangement of me progect. ~ogether with essential req•;irements such as off~street parking facJiities; size. height, construction ma\eriais. and iocations of buil-dings and the uses to be permitted; location and instrudion of signs: means of in-gress and egress to pubfic ~tfe-els:; the type of vlsua! screening such as walls, plantings and fences; and the reiatio-nship of the intended use to all exlsting properties t1nd land uses in aU directions to a minimum distance of !wo hundred {200) fr::e: The Plann;ng and Zoning Comrn!SSIOn or C1ty Co-uno! rnay req1;ire additio11al inforrnation or drawings (such as, among ether thmgs, buil-ding floor plans) operahng data and expert evaluation or testimony concerning the location. function and characteristics of any building or use proposed

(2) Specific Use Permit Reguiations tn recommending that a Specific Us-e Permit {"SUP"} for the premises under o.msideraticn be granted the Planning and Zomng Commission shall {a) determine that such uses are harmomous and adaptable to bui!dmg structures and uses of abutting pmper;y and other prepe-rt'i m the- vicinity of the premises under consideration, and shall make recommendations as to . .among oth€r things. requirements to-r the paving of streets, alleys and: Sldev,;-ffiks. means of inqress and egress to publi-c streets. pmvis1cr1s for drainage. adequate off-stn::et parking. protectiwe screemng and open spacE>. 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 Any negative impact on the surrounding area shall be mitigatec. (4)

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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

{b) be issued by the City's Building Official, or his designated represenlai>V<l, for use of the budding on such property pursuant to such SUP and such conditions precedent to the granting or the Certificate of Occupancy Any special conditions shall be sel fOt1h in Miting by the C:ty Council prior to issuance of tt:e Carlltlcate of Occupancy

(c) No SUP shall be granted unless the appl<cant. owner and grantee of the SUP shall be w<lling to accept and agree to be bound by and comply with !he written requirement>; 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 (') Increase build<ng square footage from its"'" at the time the onuioat SUP was granted by greater than ten (10) percent: (2) {:n Reduce the d1stance b-etv.teen a building 01 noise~generaling activity on !he property and an adiacent off-site res1denhal use. This provis;on shall

not apply should the ptoperty and the resioential us.e be separated by a Major Thoroughfare, as defmed in the City's Subdi11ision Regulabons, as amended: andior

(4) Reduce the amoun! of open ~mace as im:iica~ed on the prevrously approved zoning extubit. Ail other enlargements. modifications. s1ructura1 aHemtlons. or changes shan require the approval ot a r.ew SUP Antennas may be placed on a tower with an e:xist1ng SUP V/Jthout approval of a separate SUP subject lo approval of a final plat ano site plan for the property.

(e) The Board of Adjustment shal1 not have jurisdiction to hear. review, reverse or modify any decision. dete1mmahon or ruhng w~th respect to the specific !and use designated by any SUP. (f) V'hlen the Cily Council aultlorizes the granting ol a SUP. except in cases where a SUP IS granted for a iernporary ourldmg m accordance with this Crdmance. the ZoniPg District 1 ... 1ap shall be am-ended accmdmg to 1ts legend to indicate that the affected area has ('"..Onditionai and iimited uses and Si":Ud amendment is to indicate the appropriate- zomng dtsuict for the approved use and prefixed by an .. S" or ··~;UP" designahorL SUPs. granted shaH be indicated by numerical desfgnation on the Zoning District Map, Up>Jn holding a ~lroperty nolifted public neanng. the C1ty Cound! may amend, change or resdnd a SUP if

!g) (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. The SUP was ootained by fraud or with deception f.O)

(3) Specific Use Permit for Temporary 8vildmgs: \a) Temporary bwldings are penmitted by nght for houses of worship pubhc schools 1l<inoerganen through tneifth grade only) and olher government agenc:es and/or political subdivisions of the State of Texas. subject to the conditions below. Tempotary bulkJings are also permlited by SUP for private enterprises subject to the conditions below. A permit to erect a temporary butlding may be issued for an •nitial pefi.od. of up to three (3) years provtded Hle applicant submits

(b) (1} Ai1 application wdi documented eVIdence of an immedtate need for space tc the City's Deveiopment Services Department Capacity of 1he !><!sting permanent buiid!rtg(s). wh1ch is located or planned to be located on the same property for which tne temporary (i) t>u1!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) T otai 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<on; and

(3/ A. site plan tor the temporary buitdlng(s> 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<Ch was specificaky anticipated by the applicant· {ii} r . .,1embersrnp, enrollment and/or employment grow1h records, {iii) Evidence that alternative options were e"X:plored before an ext~nslon of !he temporary build1ng permit was reQuesled: ana (lv) Any other ctiteria reasonably deemed appropnate by the Planning and Zonmg Ccmmiss:on.

(e) The applicant may appeal a dec<sion of the P!annmg and Zoning Commrssion. 10 wnting. lo \he City Council withm fourteen !14) days of a deCiSion of tne Planr:.ing and Zon1ng Cornmission. The Clty C•')tmc,rs decision is fw~al (f) Three (3) or more members of the City Counol may appeal the deosion or !he Planning and Zomng CommissiOn by submitt•ng a written notice ot appeal to the Ctty's Development Services Oepar~ment. The City Councl! shaH cons1def and act on whether H will appeal the Commission's decision no later than tour1een (14) days from the date of such deciston or at its first regular meeting (for which there JS time to post an agenda as required by iilW) that occurs annr ttJe CommiSSion meeting at whtch the decis1on was made, whichever is later. Written notice of thf' City Ccunci!'s vote to appeal shall be submittea ro the City's Development Serv1ces Department 'Nithin seven (7) days of the City Covncirs vote. The City Council shall consider the appeal at a public meeting no later than forty-five (45) days after !he date on wh1ch ltle notice of appeal is subm1tted to tne City's Development Services Departmen~. The City Counci! may affirm. modify or ;everse the dedsion of tt1e Plannmg and Zoning CommiSSion.

(g) If ttle applicant des!fes an extens1on after being granted the Single Extension, the applicant may requesl !he t:<ty counol to grant sucn an extenSIOn pruvided the apphcant submits to the City Council: i'l) The Information requrreo under Subsection o8(8){3)(d)(2) above. (2) A detailed <lnancral summary including without limitation. the reasons for not ccmplymg wilt> 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:

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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. •H/0• HISTORIC OVERLAY DISTRICT (C) 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<et conditions and estabtishing enhanced standards for the design, appearance and placement of buildings and other site improvements. landscaping, signs. utilities. lighting. fences and screening.

(2) Boundaries; The CCIO District applies to all properties with nonresidential zoning that are within the specified areas as depicted on "Exhibit •A", attached hereto. The properties within the CC/0 District shaH be given the "CCJQ• prefix on the Zoning District Map and shall be subject to the provisions of this Subsection 18(D). All land and structures within the CCIO District shall be used and developed in compliance with this Subsection 18(D). Vision and General Design Principles: The City aspires to be a model for safe and beautiful neighborhoods, a vibrant economy and exceptional recreational.

(3) cultural and educational opportunities. The CC/0 District creales a unique opportunity to achieve that vision by creating a transportation corridor that is not only a pleasant environment for travelers, but also serves as a source of retail. entertainment, dining and employment opportunities for residents and visitors. Such an environment iS characterized by enhanced landscaping, public improvements. building and site design and sustainabUity. Design standards are included in this Ordinance to provide property owners and developers with a clear set of design parameters that will guide site planning. architecture, landscapong. streetscapes. signage and other elements to create a consistent character of excellence throughout the CC/0 District and other impacted corridors. The CCIO District encourages the incorporation of unique and community oriented thematic elements into public spaces and public art. landscaping. signage. lighting, fences and walls and other sfte improvements. Development should be designed to provide as attractive a streetscape as possible within the CC/0 District. Parking Jots and other paved areas should be de emphasized in favor of landscaping and altrective building facades. Paved areas should not be the predominant feature of a development. While parl<ing is to be sufllcient to meet the minimum demand of the use it serves, excess parking is strongly discouraged. When parking areas are between right-of-way and a building within the CC/0 District, such parking areas are to be heavily landscaped with a combination of grass. ground cover. berms, trees. shrubs. or other native and drought-tolerant vegetation. Parking lots with one hundred (100) or more parking spaces should be divided into segments by ample landscaped walkways that provide safe pedestrian connections between parking areas and buildings. These landscaped walkways serve to create visual relief from paved expanses. minimize storm water run off, and reduce the heat buUd-up of paved areas. Parking shall be further regulated by standards hereinafter eslabfished. Site design should promote efficient vehicle circulation patterns with shared driveways. parking areas and access easements. Development and redevelopment should be sustamable and incorporate such features as energy-efficient buildings, mulll-modaltransH connections. reduced amounts of paving and other impervious cover. storm water detention/retention. landscaping that includes low-water-demand native and adapted plants that are both drought and heat tolerant and penmeable paving.

(4) ReQUired Standards for New Development: (a) Applicabi6ty: The standards established by this SubSection 18(D) shall apply to all newly constructed nonresidential structures and an new nonresidential development within the boundaries of the CC/0 District. (b) Landscaping: (1) LandsCaped BufferRequi,.ments. 0) A thirty (30) foot wide landscape buffer shall be required along any propeny line adjacent to the US 75 and CCOL. A twenty (20) fool wide landscape buller shaH be required along any property line adjacent to a Major Thoroughfares, as defoned in the Oil

City's Subdivision Regulations. as amended, adjacent 10 or crossing through the CC/0 District. Oii) A fifteen (15) foot wide landscape buller shall be required along any property tine adjacent to any other roadway (Collector or lesser capacity roadway), as defined In the City's Subdivision Regulations, as amended, adjacent to or crossing the CC Overlay District. http:/llibrary.municode.com/print.aspx?h=&clientiD=l3543&HTMRequest=http%3a%2fO/o ... 1/6/2014 *45 Municode Page 9 of62

Aru to be Land::caped

20'\ 15' - - " ' · · · · · _,_1 ___ _. Tho~oughtaro\Str~ot ·

(2) Landscaping Materials: The landscaping buffers shall include a combination of landscaping elements including. among other things. grass. ground cover. shrubs. Rowers. seasonal planting and trees. All landscaping materials shall be fmm the list of approved trees and shrubs sel forth in Section 27-A of the zoning ordinance. as amended, and be a native or adapted. heat and drought-tolerant species with a low water demand. Trees and shrubs shall be of the sizes required by Section 27-A or the zoning ordinance. as amended. Landscape designs with low water demand are encouraged. landscape designs and hardscape elements including. without limitation. plazas. planters, benches. fountains. art. boulders. tables and similar features may be permitted as part of an overall landscaping plan. subject to approval by the City Manager. W the hardscape elements are consistent with the overal design of the development. do not conflict with visibility requirements or easements and do not create any potential satety hazard.

(4) Screening of Parlcing: The thirty (30) foot, twenty (20) foot and fifteen {15) fool wide landscape buffers shall also include a mw of shrubs. a berm or a masonry wall a minimum of thirty (30) inches taR {measured from top of curb) to screen parlcing and driveways within the development. The shrubs. berm or wall may be located anywhere within the landscape buller, but shall not create a visibility obstruction at intersections or driveways. Shrubs shaH be planted in a planting bed and be a minimum of eighteen (18) inches tall at the lime of planting and planted no more than three (3) feet apart, unless otherwise approved by the City Manager based on a species tor which a wider spacing is appropriate. The area within the planting bed separating the shrubs shall be planted with native grasses as described in Subsection 18(0)(15Xb) below. Berms shall be covered with grass or ground cover. Masonry walls shall be of the same brick or stone materials and colors as the main building on the property.

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-1 5 ' - (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 parl<ing lots (front parking is the parking between the front building line and the adjacent roadway right-of-way) shall be landscaped with a minimum ol one (1) tree for every twelve (12) parking spaces; an trees and plant materials shall conform to the allowable species and size standards hereinafter set forth. Additionally. treenandscape islands shall be placed within parking areas so that there are no more than twe1va (12) contiguous parking spaces not separated by a tree/landscape island; treenandscape islands shall be the same width and depth as a standard parking space. Furlher. there shall be a minimum of one (1) tree at the end of each parking row. All perimeter and interior parking lots (those parking areas behind the front building line whether to the side of the building or to the rear of the building) shan be landscaped with a minimum of one ( 1) tree lor every twenty (20) parking spaces. except any row of parking adjacent to a public roadway shall also conform to the above provision requiring a tree.llandscape island so that there are no more than twelve (12) contiguous parking spaces not separated by a treenandscape island and there shall be a tree at the end of each parking row. Trees may be evenly spaced throughout parking lots with less than one hundred (100) parking spaces. In parking lots with one hundred (100) or more parking spaces. trees should be ciustered in landscape island areas. along major drives. or otherwise distributed within the parking area, rather than being evenly spaced. However. a minimum of filly (50) percent of the total required trees shall be wilhin the interior of the parking lot and not distributed around the perimeter of the parking lot. Each tree shall be planted in an area no smaller than the width and depth of a standand parking space (9' • 18', plus 2' overhang. or 9' • 20' head-to-head parking).

(7) Parl<ing Garage Landscaping: Parking garages. if provided, shall provide a ten (10) foot deep landscape buffer around the entire base of the parking garage. Trees shall be planted thirty (30) feet on-center within the landscape buffer. Parking garages attached to a building shall provide the landscape buffer only on those exterior sides not adjacent to the attached building.

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(8) Maintenance of Adjacent Rights-of-Way: Areas of public rights-of-way between a property line and the bad< of curb of the frontage road or travel lane of an adjacent slreet Shall be maintained by the adjacent property owner, including, without limitation, mowing and irrigation of grass, removal of lrash and litter and maintenance of landscaping, unless prohibijed by the Texas Department of Transportation or the City. If lhe right· of-way area exceeds fifty (50) feet in depth, the adjacent property owner shall be required to maintain only the filly (50) feet of right-of-way immediately adjacent to the property ownefs property line. Irrigation System Requited: All landscaping on the premises and within the adjacent right-of-way shall be irrigated by an automatic irrigation

(9) system installed in accordance wijh all applicable Texas Department of Transportation policies and the City's ordinances. rules and regulations. as they exist. may be amended or in the future arising. All main lines. zone control valves. controllers. backflow valves and wiring shall be installed outside of the public right-of-way. Separate bubblers for trees shan be required. unless sulfteient justification for not requiring tree bubblers is approved by the Cfly Manager. Any water lines. shut off valves. or sprinkler heads installed in the right-of-way shall comply wijh the standards of the Texas Department of Transportation.

(1 0) Maintenance Requited: All landscaping shall be maintained in a healthy condition at all times. Dead or damaged landscaping shaU be replaced immediately. The City Manager may approve a delay in replacing dead or damaged landscaping not exceeding one hundred eighty (180) days due to seasonal or other considerations that would justify a postponement Additional postponement may be granted by the City Manager in drought or other declared water emergency conditions.

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(c) Building Matetials and Design: All nonresidential buildings Shall comply with the material and architectural details requirements of the commercial design standards established throughout this Ordinance, except that facades facing US 75 and the CCOL shall provide vertical articulation of eighteen (18) percent of the walrs height.

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---------·---·••-··----+i-.--.ill., __ •. l3,RI•}·--;+---t-------·---· ... .__ At t?.: .... •• L: .,.._tm""' 31 tl! .. aMJ ............, £!n-ations of Building~ Po""'blc Pl;ons of Buildinp; "'-----. ) 38 ft!t .. t:HJ" I

..... _ ___,r--t'---~ l__r-----1 ~ /,...----...1 (d) Site Design:

(1) Minimize Paving.· Development shall be designed to minimize the amount of paving and patlting between buildings and US 75 and the CCOL. Other roadway frontages shall be governed by City ordinances. rules and regulations. as they exist. may be amended or in the future arising. (2) Parldng LDcalion: II is the intent of lhis provision lhat parking for large projects not be lhe dominating feature of such projects, but that the quality of the building architecture. site lendscaping and oilier site amenities are lhe dominate visual features. Thus, no more than twenty-five (25) percent of the required parking for a use may be located between the facade of a building and US 75 or the CCOL right-of-way. The additional sevenly-fNe (75) percent may be located beside or behind the facade facing US 75 or the CCOL right-of-way.

Area to be Landscaped (3) tntemal Walkways: AU parking lots that contain more than one hundred (100) parking spaces shall indude internal pedestrian walkways a minimum of five (5) feet wide from lhe public sidewalk to the main entrance of the principal use of the property and shall comply with all applcable requirements of lhe Texas Accessibility Standards. as emended, for width, slope, texture. level differences and ramps. Pedestrian

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wail<w.lys ~.hall be provided for every three (3) driving a>sles 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<Jd and COfT\ply _'ffl!h all applicable :e:'l'!i~T.!!!':~-?~-"2's~~~~~d-s as a~'!.'!~~,_~or W.!d~'-­ slope, lexlure, level dillerentes and ramps.

(4) Walkways Crossing Or.veways, Where intemat pedestrian waikways cross dnveways, such walkways shall be distrnguished from dr;vmg surfaces lhmugh the u-se of design features such as contrasting co1ors. enhanced pavers. stamped concrete stained concrete, bricks. scored concrete and alternate colors Such crossings shall comply i.vlth all apptic • .':;ble requirements of the: Texas Accessibility Standards, as amended

(5} Accessory Buildings and Uses. Accessory tmiidings and uses are not permitted w1thin the parking lot area, or bet>.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.

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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 dod<s. trud< parking. overhead doors. outdoor storage, utility meters, HVAC equ;pment. trash coHeclian and other build:ng service f~nctions and areas shall be mcorporated into lhe overall desrgn of the !:>uilding 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 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! ~ 4 > 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 *51 1v1unicode Page 15 of 62

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(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, AH solar w1nng shall be perfonned by a duly licensed etectndan m the Slate of Texas, {iv} Solar panels and related eqwpmem shall oe destgned to take win-d and weight loading fnto consrderalion, structural support for solar (V!

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: 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 {I)

avo1ctance of any nwsance or negative impact to adjacent properties; \llllnd generation equipment shall onty t:e approved if destgned !o meet appropriare structural roquirements and wmd toadong requiremenls (ii) '..V!th both be1ng certtfied by a duiy licensed structural engmeer m ihe State ofT exas; and \\lind generatlon shall be c-erHfied to meet noise standards such ~hat no noise cames across !he property hnes of the prcpertv on wh1ch (!ii} 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: 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. {a) \ovith the fofltr#Jr'.Q exceptions: Retail uses: 11250 g ta : ii) (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<ing. underground par~ing. or parkmg wi!hm. above or beneath the build.ng(s) H serves, (0) D<l•licated motorcycle or motor scooter parking spaces: iE) Bicycle parl"ng shall he incorporated intn each project with a b1cyc!e parking area provided for eac~ fifty thousand (50,000) square reel of

buitctmg area, or portron thereof. and (F) For purposes of calculating parning requirements, fieet vehicle parking spaces shall not count toward either the minimum or maximum pamng requirements: Ni) Exc:ephons to the maximum park1ng reqwrements may b~ allowed m s1tuabons thai meet aU of !he tmiow1ng: cnteria, as delermlne-d by the C1ty Manager. {A) The proposed development has uruque or unusuai d1aractenstics. such as high saJes voJume per floor area. low parKing turnover or

overJappmg shift work, wh1ch creotes a parking demand that exceeas the maximum ratio and wh1ch typically do not apply to comparable uses: The par1<ing demand cannot be accommodated by shared parkmg with nearby uses or by increasing the supply of spaces that are examp!

(8) from the maximum ratio: (CJ The req\Jest is the mmimum necessary va'tation from the standards: and (D} ff ioc.ated in a mi.xed use dtstrict. the uses in the proposed de\lelopment and ~he- sHe design are highly supportrve of the mlxed use concept

and :suppor1 hu;;h !evets of eXtsting or planned pedestnan activity: (vi!) Retail, re::;U.tumr.t office ond entertuinmcnt u~e~ sllaH provide de~;gn.:Jtea bicycle p~rk:ng areas 1wthin fifty (50} feet of the buih:1mg entrance vnth a minimum of ooe (1) bicycle parking space for each fifty 150) vehide parkln11 spaces up to a maximum of ten {10) spaces: and {vlii) Retail. res!a.urant, office. and entertainment uses are encouraged to prov1de dedicated park1ng spaces for motcrcycte and motor scooter parkl>~g at a r:;tio of one (1) space per one hundred (100) automobile parl<ing spaces (b l Paving Standards· Parking lots automobile display !ots. mlemal driveways. vehide c:rculation areas and any property used for parking or stornge of vehicles, !rucks, !raitl<rs or motorized equtpment of any krnd shall be paved with a minimum of five (5) rnehes of three thousand (3,000) pounds per http:l/library.municode.com/printaspx?hc::&clientiD:::::J3543&HTI-.JRequest=http%3a%2fU;o ... 1/6/2014 *52 .!'vJunicode Page 16 of62

square inch concr~!e with 113 rebar on eighteen (18> 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<ing shall be clearly striped . . · - · - - ~ ........ -~7J~§icreef}jng!Fencing Regv/jCipns;,Ypless speafied.else;vJ:!~e herein, all.screening fences requ.red by !hrs CC/0 District"' any .ot.her provision of !he ?orung ___ . ordinance as :amended, shall be a minJmum of se\len (7'1 feet ln height and constructt.."{! of masonry matenals :n accordance with the City's ordinances. rules and regulations, as they exist. may be amended or in the future ans111g The City Manager may approve alternate matenais lhat match or are consistent wilh eilher ltle ouilding on the same property or the noise wal!s constructed in conjuncbon with adjacent right-of-way. S1gn Regulat:ons Ail s•gns snail comply witt> ttw City's ord;nances, ruies ana ;egulat>ons, as they eXIst, may be amended or ;n the fulure arismg

(8) {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><m on adjacent property For purposes of this requirement. the angie shall oe m,;asured ustng a line drawn from the da·ecuon of light rays at the light source or reflector, and a line perpendicular lo !he ground from tile ilgnl source above from which no light is emitted

{b} Lighting to be Mtn;tnized: Parking tots and other background spaces shall be mumtnated as unobtrusi\o!ely as pos~ible wh!le meeting me functional needs of sale circulation ana protection of people and property. Foreground spaces such as. amoog other ttungs, burld>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. 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

(c) 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.<imum Spillover. In no case shaff e>rterior lighting aad more than one (1j fool candle-to-illumination levels at any point off-site

(I)

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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 <OOend beyond !he illuminated obJect ~h) Architectural Ughting: ArchJtedural lighting may be used to articulate the parhcular building design or to crea!e effects of shadow, relief and outline !hat . --· _ !!15!.l!i§.u;~l .irJtere$1 8fl(!_ !!Jlll!!!l~IJI asp_ec)s of. tile: building. _L•!Jhbng _of_comlces, up lighting J!!J!l.other effects mayJH;JJSetL£9J.uPwar>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'i<lshmg Lights: No flickering or flashmg fights shall be permittee. l'xcept for temporary decorat•ve seasonall•gh!ing (!) (m! Color: \1\'hi!e llgm meetrng a rninrmum color standard of 2800 kelvin shall be used at all tomes. The usc of i:JW->Or: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. H<Hght of FrX!ures: Freestanding light fixtures snan not exceeo twenty (20) feet m herght wi!hrn fifty (50) ieet of any resrdential zomng dist~ct. twenty-five

(PJ (25) feet in hei9ht w•lhin fifty (50) to one hundred fifty 1 150) feel of any resrdential zoning distnct and !hlfty -fiVe {35) !eel '"ali other locations. FO< the purposes of th1s requirement. he1gh! shall be measdmd from the top of a light fixture to the adjacen: graCe at the base of the suppf"Jfi for ~hat hghl fixture.

(q) He~ghr ol Bases· Concrete light fixture bases sna!l be no taller than eighteen {18; inches. (r} Cartopy Llghtmg t lght f1x!ures rr:ounted under canc,ptes shall be recessed so that the !ens cover is rec..es&ed or flush wllh the bottom surface of th(~

canopy andfof shielded to ehm1nate glare on the adjacent property or nght-of~way. (s} Access Standards AH deYeloornenl subject to thiS Subsection 18(0){9} shall comply with the Gity_.s ordinances. rules and regu!aliO<"l:S. as they ex~st. may be amended m tn t."''~ fu!ure aris1ng: (1 0) Resrdenb'al Adjacency!Prcred!on. All n<>w 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 1 ytng with the fo!Io~~~ing regulat1ons. Setbacks· (a}

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.

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_j L-------------_., ___ S< (iii) Parking Setback from AdJacent Residennat Mimmum rear Of s1de setback fo• pa!i<ing spaces shall be fitleen 115} reel

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l_,! J cc-••.. :: ..• ~- (!v} Lam;Jscape Buffer. A landscaped. buffer vnth a mmimum width of fifte-en(~ 5) feet shaiJ be provideci adjaceru to ali property lines that abut resjaenllalty zoned property The landsc-ape buffer shaH bt? planted with trees from the approveo tree list set forth in Subsection 1BtD)t1S)(b) below as .timended, at a spac1ng of a maxlfnurn of thirty f30) feet

{v) Screening Fencr1. A. rmn1mum seven (7) toot tal! screernng fence constructed of masonry matenals \brick. stone or a~ctH1ectura! concrete pan;,ls) or as approved by the City Mana9"c shell be prollide<l atoog the property fine(s) or within twenty (21)) feet of the property line(sl abutting residentially zone-d property, unless the res!denttal property !S required to provide a screening fence per the approvea zoning of the tesidentlal property

(vi; L.ightinr;r LJgh!mg shall not encroach mto the tesidentiai property. Lrght fixtures shail be designed lO indude a light cut~o!f feature that block.s glare and pr€ue-nts Hght encroachment into the residential property Lights fixtures to use cut off

shields (vii) Outs;ae Speakers: O~;tside speakers shall not be located closenhan one hundred i100) feet to a rE>side'l!ial property hne and shall not be uttli<ed between !tJe hours of 10·00 p.m and 7·00 am. on weekdays and 10:00 p m. an<l1D·OO a.m on w~e>.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 Trash Conraine~ Trash containers within one hundred (100} feet cf a residential property line may not be seMced betv1een the hours of 10.00 {IX) 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.

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*55 Page 19 of 6:2 lvrunicode 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, mmrmum of five (5) acres of land: (A) (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 ,~display area provtdmg for a m~mmum of one hundred (100) 11ew aulomobiies is also hereby approved tor such use. New and previously {C) 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. Automobile wash facilities. if to be provided. must be operated wtth a mmtmwn of fifty (50! percenl water muse

(ii) {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 park<ng or storage of veh•des. trucks. trailers or molorized equipment of any kind shaH b'€' striped and paved with a m1niT.um of frve (5) inches of three thousan-d {3.000) p_s.i. concrete with #3 rebar on eighteen~ 18) inch t~nters both ways. Parking iots. driveways and intem4'! circutation are1;s shall be mamtaine-d free of potholes_ with a smooth surface, tree or rubble and cracks, and sealed. Permeable oawng meeting the City's ordinances, ru~s and regr...~lat,ons, as tt1ey exist may be amended or in the ftJture ans~ng, may be aitowed for mstallation, subject to approval of the Cdy Engineer. in !ow traffic volume areas or areas that are not used for fire lanes or loading and unfoading

(>iii) 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 Big $ax Retail

(b) 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.

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{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 complernentar 1 ~ses mduding, OtH no! fimrted lo, htgh~ densily res~t1enttal. civ•c ana pubhc fadlllies. parl<s and open space Development should fadli!ate a;;d encouragl! pedestrian travel between residentJat and nonresiDential uses Transit fa~llibes and pedestnan.fnendfy elements are importa~! components of mn:ed use centefs

l~~,. (ii) Mi>e<l use development should have a minimum area of twelve 1 12) acres Residential d~velopment should provt<le a mtn•mum density 0i eighteen (1BJ ctweUing units per acre. {in) New mrxOO ;;se development shall establish a regufat pat!err: of blocks that encourages pede~tnat~ orcu!atnn without unduly !imitng vetw:.:.uiar traffic Connectivtty !o adjacent neighborhoods is to be provnied \o\'ith access to surroundmg residentml r:eighb-orhoods !lmded to the lower dens:ty and reSJGi.mllctl componern of the ml)ced use development The site showd be des1gn<1d to mtmmiz:t'; the amount of comrnefetal traffic com1rtg to and goH1i-1 frcm the devew·pment through resittenhaf ne1ghbortwod~L white encouraging pectes1rian ac::ess from adjacent nmghborhoods

(iv} Streetscape design shaH include public ::udewafks withm nghts-of-way or w1thm pedestnan access easements a rrHmmum of six1een {16) feet wtde and a ffi[lXimum of eighteen (18) feet wioe on all sides of ali streets (excluding any frontagE' along US 75 cr the CCOLJ. The sidewalk area shaH incorpomte both a ~meet treetfumlfure a .. ea a minimum of six {6) feet in w1dth adjacent to the curb of the street and a dear area between th.e street heetfumiture area and the face of the Duitdings Street tree'S shall be planled along all mt0mal streets in the mu::ed use development {exclud!ng any frontage n!ong US 75 or the CCOL) or witPin the street treelfurnmne area(S). at an CNerage spactng of t\<venty !20) to thirty (30) fee! on.center. The street rree/furniture area may also t.Je used for the p!ac!='menl of seating, street !q;~hts, planters. waste receptades. b1cycle racks uttflt't structures and similar elements. Ouldoor seating for restaurants ts allowed within the ctear zone area as iong as a m1mmum s~x (6) foot wfd*.: unobstructed walkway Is maintained For purposes of this Subs.ectJon {i8HD){12}tcL "clear zor:e" shall be defined J:JS the winrmum required "Pa~e fer pedeslnan drtd site amem!tes aajaC<'nt ;o ~ghl-of way or pnvaie sire"! easement space.

·"" V.filhm a rnixerj use development a bwld1ng's facade facing: an internal public or pnvate street may be positioned at the edge of the c!ear zone, {'.:) subject to approval on !he overall mixed use development and stte plan. (vi) Crosswalks across public streets and connecting dnveways shall be constructed of stamped co11cre;e with integral color pavers Crosswalks across prtvale streets and connecting drivev1ays on private prcperty- shatl be installed over a concrete sub·base or constructed of stamped concrete with integral colOf and shall comply with the mintmum design standards set fortl'ltn the City's ordmances. rules and regulations, as they extst may t~ amended or tn the future arising. The C!ty snail be responsible for m3mtenance of public street~ and crosswalks constructed m accordance wfih the CHy's or:llnances. rules and regulations as they exist may be amended or in th~ future arising. No pavers shall be ailowed fn pubhc. 9-tn~elc. Afijar..ent prf19(;>rly ovm~rs shall be re<;pont.;ihle for maintenan~-e o! pav€rs tn privatf' streets and driv~?way-s.

(vii) Sidewall<s along the streets shall include accent area$ of pavetl! or stamped concrete comprising a minimum of thirty (30) percanl of me paved w•lkway surface I'd! sidewal~ paving shalf be installed over a sub-grade approved by tne City and shali be matntained by !he adjacent property cwner.

(viii) Groun<l·ftoor facades that face public streets or other public areas (such as. •mong other tnings. outdoor gnthenng spaces. parks cr e>pen space and parl<ing areas) shall incorporate pedeslrian·orienled des1gn features into no less than sixty (60) percent of their horizontal length Pedestnan- *57 http:/ /J ibrary .municode.comi pri nt.a~:px?h=&c lientfD= 1354 3&I !TMRequest=http%3a%2f"l}[,, .. 1/6/2014

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oriented des1gn features may include arcaaes, display windows. entryways, awnings. shaded s•dewalks or other Similar features approved IJy the City Manager.

(ix) Commercu=d uses. such as, among others. retail, restaurant, ,p-ersonal serv1ces ana smaf! offices, shall be rocated at the street level of a mixe-d use de-velopment which wiH support resid~:mUal and larger off1ce uses located on the upper floors \"lithin the same building or in other buildings nearby.

(x) Parking structures shail De wrapped by re!i-Jli, off;ce or residen-tml uses aiong at least SIX"ty {60J pe1 cent of the ground~fio'.Jr frontage on ail pt.blic and private streets, and residential uses shall be encouraged above the ftrst floor of reta!l, office or res1dent1a! uses. {x:f· Res1dertial uses iDcc.rporated wtthm a rnn(ed use distnct shall he VtSually andlor ;mysicalty integtated with nonresJdent!al uses by be-ing vert,r.ally located above street-level commereial uses or hOnzontally located between !he highest density uses within the center and the adjacent ne1ghb0fhoocl. and by including pedestrian connecttons whtch incorporate a Clear pedestna:n circulatiOn system that m:mmizes confi1ct between pedestnan and ..ehicu!ar movements and encourages pedestnan activ•ty between residential and nonresidenl!al uses.

{xii} Parking areas shall b€' iimded to the slructure or below-grade, wHh the exception of on-street park~ng and minimal surtace parkmg areas !o support reta1l uses and stand-atone restaurants. On-s(reet parking shall not be desfgnoted per 1ndhtidual businesses or occupancaes, bu~ may count tovvard the m1nirnum parldng requirements for the enhre structure aJong the adJacent frontag&. Paralte! parkmg, head-:n parking along S1reets andior mimmaf surface panung is permitted subject 10 approval through the site plan appro:~aJ process.

(:dii) Ail mixed use developments st1all ded~ea!e a mimmum of t\.vo (2! percem of the net Slte area lo one: (1) of the follo~tling types or outdoor gat!Jeling spaces or peflestrtan amenities that shall be l<:r...ated so as to oe readily accessiole and usable by res> 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-resia<tnHal use or toning. Thirty (30i l<>e! for buildings up lo twenty (20i feet htgh abutt>ng residential use or zoning. (ii) (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

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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. LatH1scaping Standards: (a)

(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. Visual Appeal: Landscaping and treatment of unpaved portions of right-of-way contribute both aesthetically and functionally to the overan

(li) 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: 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 0)

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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 Turt Grasses. Pennitted turf grasses shalt be selecte-d from the foHowmg species:

{iv) • Bemwda. common or hybnd • Buffalo gn>ss

\ 16) Civic A1t or Amen1ty in L<mdscape and Other Development Amas. (a) Civrc art and/or a mator amen1ty should be incorporated mro any perm~nent features that complement the enwonment in whrcn it is placed (examples shown oetow}. Civic art or amenities shatl be pfaced to designated common areas of projects subject to locations b-eing approved on the project crmcept andtor site development pian as part of !he over a!! projed development or rt a project does not have appropriate civk: art or amenity !ocat1ons, the developer is encouraged to place the appropriate CIVic art funds in a City civic an fund based on the following funding structure • Twt• (2) percent o! first five million dollars ($5.000 C\){).00) oi development expense. and • On,; (1) percent of protect develOPment expense over five miliion dollars ($5,000.000 00).

(b) Property Developnrent Guidelines and Standards Impacting Private and Public Projects: The following shali be requirements for private developments {pubJic eotitJes wiff be encouraged to inc011Jorate the-se criteria into public projects} (•) Retaining Walls: The visual impact of retaining walls shall be softened by the IJSe of grnphrcs. murals, varying patterns of masonry and mortar.

stamp-ed concrete, natlve stone materials. landscaping and other visual enhancements. Retatning wi,tiiS wHhin pro;ects shoutd endeavor to incorporate unique project identificatton graphics into the retaining waH structure.

fti) Signage: The City's Sign Ordinance, as amended. shall apply to the CGIO D1strict The location. fraq"ency and graphics of signage of the CCIO Dlstnct may be lim•ted by state arulior federal regulations and safety standards. The Ctty shall encourage thai graphics be arranged to produce a coordinated and coherent system by hawng consistent visual continuity in the la;'Oul of the graphics and s.qn supports, incorporating concrete columns wtth architectural enhancements wHh sf*ae! trusses that comple!ely span main lanes_ ensuring even ahgnment or signs on structures and

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following a uniform design. Street sign posts installed in the City's rights-of-way within the CCIO District shall employ architectural poles and related elements including streetscape furniture and other atreetscape elements.

(17) Administration: • (a) To encourage creative and unique design. "alternative equivalent compliance" allows development to occur in a manner that meets the intent of this Subsection 18{0), yet through an "alternative design" thai does not slriCUy adhere to the standards of this Subsection 18(0). This is not a general waiver of regulations. Rather. this Subsection 18{0)( 17) authorizes a sile-specifoc plan that is equal to or better than the strict application of the standards. The City Manager may approve an alternative design in the foHowing type of site-specific deviations from the provisions provided for in this Ordinance; Technical provisions, including material specifications and techniCal design standards, that can be quantified using engineering or other technical (I)

criteria to demonstrate the alternative equivalent compliance intent of this Ordinance; and (ii) Building or construction specifications or design provisions that can be illustrated. documented and retained by the City, evidencing the approved alternative design. for the purpose of ensunng adherence to the alternative design in subsequent phases or mamtenance of the subjecl project. Requests for an a1temat1ve design that are Policy {hereinafter defined) decisions in nature, aa determined by • shall not be considered by the City Manager for a possible approved alternative design. The word "Policy" as used in this Subsection ( 1 8)(0)( 17) shall mean issues/subject matters reserved for City Council oonsideration and possible approval induding, but not limited to, density (residential unijs per acre and residential or commercial lot coverage) and land uses. not provided for in this Ordinance.

(b) The City Manager may approve an alternative design in specific instances if the applicant demonstrates that the proposed aftemative design: Achieves lhe intent of the subjecl slandard(s) to the same or better degree than the subject standard(s): (i) policieS al the CC/0 District to the same or better degree than the subject standard(s): (ii) Advances the goals - (iii) Resuhs in benefits to the community that are equivalent to or exceed the benefits associated with the subject standard(s); (lv) Imposes no greater Impacts on adjacent properties than would occur through compliance with the subjed standard(s): (v) Is compatible with surrounding development; (vi) Complies with al other requirements of the approved zoning of the property: (vii) Is an enhancement beyond the minimum design standard(s); (viii) incorporates archijectural design and creativity; and (ix) Provides other enhancements such as, among other things. landscaping, signs, screening. paving and tree preservation beyond the minimum

standard(s). (c) Modifications to these standards may also be requested through the variance or SUP process. Requests for zoning in the CCIO District shall be processed the same as any other zoning request. (d) Building perm« applications for projects that C001ply with the approved zoning and the design standards established by this SubsectiOn 1 8(0) may be issued by the City Manager without the need for any other public hearing or site plan approval. (1 8) Definitions: For purposes of this Subsection 18(0). all definitions shaH be as set forth throughout Subsection 1 8(0) with the following exceptions which shall be defined as follows: (a) City Manager. The City Manager, or staff penoon designated by the City Manager, shall be the City Manager of this Ordinance and shaH be authorized

to review. approve and require revisions to plans submitted hereunder and to make the interpretations provided for hereinabove. (b) Entertainment Uses: Estabfishments that provide food. drink and entertainment to persons on the premise. including such uses as, among other things. public and private pari! and recreation area, golf course and country club, driving range, miniature golf, dance and assembly hall, amusement pari!. commercial amusement, concert venue and meeting/conference center.

(c) General Personal Services: EstabHshments that provide individual services related to personal needs direcUy to customers at the site of the business or that receive goods from or return goods to the customer that have been treated or processed at that location or another locations such as, but not limited to, day care centers. dry cleaning and laundrY services. pharmacy. shoe repair. beauty or barber shops. massage therapy. tanning salons, mortuary or funeral home. tattoo pallor or piercing studio and nail salon.

(d) Retail Sales, or Retail Store, General (collectively, Retail Uses): Retail stores and uses completely within an enclosed building. No structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sales or detivery of foods or beverages. (19) Water Conservation: The City Council of the City Is committed to long term water conservation, as well as to quality landscaping that contributes to the aesthetics and beautification of the community. In order to accomplish the above Objective. the City Council desires to promote the use of reclaimed water. natural runoff and limited use of well water for liTigation purposes thus preserving the use of potable water for household and business purposes. Steps toward reclamation of water for irrigation purposes include the following: (a) Water Retention Faciilies: Step one is lo provide for water storage ponds. lagoons and other water storage facilities including both detention and

retention basins. Enlarging detention basins to include retention. whether in the form of a pond. soil conservation type lake with sol! dam and soil banks, or hardscapelannored lake/pond area with brick. concrete or stone embankments. is the fJrsl contributor to the potential for reuse of reclaimed and capturing either natural runoff or well supplemented water in addition to the community amenity provided by such water retention facitities.

(b) Encourage Treatment for Re-Use: Step two is to encourage or require treatment of domestic and business wastewater by compact aerobic systems typlcaUy pennitted in rural or large lot ansaa. These treatment facilities can be used to treat a significant portion of large projects' wastewater with the thus continuing to !low to regional wastewater treatment facimles. The majority of the projects wastewater bypassing the aerobic treatment facilities - aerobically treated efftuent can be added to the retention fac:ililies described in Subsection 18(0)(19)(a) above. The retention facitity shall have aerator equipment and potential Chlorination capabilities Installed to insure an appropriate level of -ter quality.

(C)

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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: An appropriate location exists for the required retention facitity; (i) The capacity of the retention facility; (w) (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. $.28·13) SECTION 19 "FP" FLOOD PLAIN DISTRICT *62 Edltor•no- §edion 3 of Ord. No. 1$-09. adopted Feb. 21.2013. repealed§ 19(19.1-19.3), which derived from Ord. No. 92-08. §§ 1-36. adopted Aug 25. 1992.

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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-Manuf acturedC·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 u e s t -

~nufactured Home !XIS) "'ultifamily esidence ingle-Family IX bwetlint!· Detache ingle·Family IK ISJ *63 bwt.mn•-Attached s s 6tudio Residence ownhome

p; we-Family f< ResidenceiDuolexl Nonr•sldential r r Uses r

r

r I X IX ~ ~ ~ JX 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 -- !--- ----- 1------ -- -- t------ ~ irport/Helioort "icohotic Beverage !c) i(C) (C) {5} ~!es tcohotic Bevera~e (b) Sib) {b) {5) stablishmeot ' lbmenitv Center X s s IS IS r:te:1na and/or F i menna Support I ~tructure, ommerciJi

, s Mtenna and i or 5 ~nte-nna Support f>tructure, Noo· ommerdat

s X ;<lntenna. Stealth 5 otique Shop !"55isted Living aci!itv , jt>.thletk Stadium o s IX !'.

'ield Public

!"thtettc Stadium o f':\5) - - Field PrivatP IX \utomobile Paul jXiSI - i>orl<m• Lat/Garao• rx f iX(Si f:\utOt"TtobHe ParKin ot/GuraRe "' i"utomabHe Repair'! 11\a'or ~utomob1!e Repair ^[1] X ~iflO!' !"vtomobtle Sales, IS f\iSl 'seti f'utomobile Sate, ($) easin~,;:, New p< f>utomob•le to<al!e ix.

r

~ank, Saving .and oan or C;--edtt

I

~niOll INC.nrestdential pe-dal !lASE ZONING ~estoential DISTRICT EGENO ~ Use P"rmitted 1'>-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 1.-ami!y Family amlly Family Hcma Park ommerdat ommerdal ~ndu-rtria odustriat P.,.erl,3;y orridor Overlay n District DistMct ~f''Sidentiai ~eside.nttai Re-sidential ~"lltng Oh:trkt Otstrict pistnct istnct Pls.trict District Pistrlct ~"' prohibited t"" permitted lo!stnt-t 1 ~hstrict 2 !Otstrict J loi:a.r\ct n !:Ustrict I I n District ;Upon approval f'' a Spedflc

I

I !use Permit "· pse is ! , ~rmltte<l In I .'") he District I ·ndicated if .he US-e I ~ompltes with .ondtUonal foeveiopment tandard or imttations tn he jcorresponding lphabetlca! nd note in ubsection 0.3 Conditlona\ 'ev'l'J'Iopment tandardsl !SPECIAL ON lNG

~!STRICT

I

I EGENO I ~'" subject to ! I ~eloning I l District fUse subject to

Si P,a~e Zonlng ! *64 ~istrlct upon fappn:>val of a pe<:ific Use I I !Permit jUse prohibited ·, District p!egulatfon by I ~isttict (Se" I

I

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fQUlREMENT ASEO ON USE (1, See

2, corre-sponding l ... )numeric end

note In Subsection 21.8 (l'arklng Requirement Based on Use) - ._ . Us" Tvoe ._ IX eauty X

alon; Barber Shoo s ed and Breakfast j5 nn ig Box Retail X ' fX pevelopment uilding Material IS X IXiSI nd Hardware

I alt<5 Major 'fi lx vildmg Mate;iat X X I nd Hardware 5atE's. Minor 1>' us;oe'.is Ser.nce X abinet/Upholste!) .hop

r ar Wash. full 5 - Ser<ice r ar Wash, Self -

ervice

s ernetery or IS IS ! r.amo!eum T

hHd-Care: Foster

amity Home I ! - Independent) hifd.Ctlre: Foster IX ~ I

proup Home

Independent) hild·Care: ;>.) iS I tk} fhl icense<l Child·

i

_are Center

j) hHO-Care: ii ill I icen~ed Chitd- are Home hHd·Care: listed H j) Ji amHv Horne J) hild·Care: Jj j) ~egisterf"d Child- are Home IS X hurch, Temple, ynagogue, Mosq:,e ' pr Other Place of tHor>hlp s , 1vtc!Convent1on IS .(S) entef

p. ·ouege. X XiS) I ~niversfty, Trade- pr Private Boarding l Schoo! omrnercial X

- ~musement. lndoo s XIS> omme-rciat

J

musement, but door li ommunity CenteJ lSi oocretei Asphalt I ~atchifli Plant,

! erm~nent , s ()(!crete! Asphatt I" X(Si IS r atching Plant, emoorarv F X IX X X _onstruction Yard nct Field Offi<:e,

l emoorarv I I *ontrZ!ctor·s Shop mdior Storage

I

I - fard onvenlence Store XiS) (a) {a) a) il) lith Gas Pumps 3) 1 onvenience Store «i {S) (a) a) ithout Gas Pumos IS av Services. Adult )( X XiSi

*65 ~-A.grit:ultura f -1-·Smgle .. ,_····r ~····· ~·· .,_ ..... ~."'~ ...... ,."' .,~ ...... _, ..... ,., __ . H/0-Historic CIO-C< I5ASE ZONING DISTRICT ReJidtmtl.ai Speciat ~onrtosid.entiai

EGEND

~~e permltt~ kt btstrict amity 1:-amr!y !Hom,. Park ~mercia! ommorciat Industria ndustrlal Overlay orridor District amuy ram1ly e~idential ~&<!denllal esideotlal ~wetllns lc;lstrlct ~•strict Pistnct District bistrict Oistrkt jrHstrkt PJse prohibited In ~Hstnct 1 p!Stnct Z IStnct 3 pistrict ~!strict ~se p«nnltte<l in pistrkt upon approval

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Municode Page 29 of 62 L iof • Spf>ciflc Use

~erm1t (a. Use is permitted in the b, Distri<t indicatl>d 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 1 s..., Individual Section) PARKING

I REQUIREMENT BASED ON USE

{ 1, See corresponding 2, numeric end note in 3 .. ) Subsection ;u.s

~ {Parking Requirement 'I l><ls"d on Use)

b---.:-:---"'u'"'"-'-Tv"""'-""---li-----1--- _;rv Cleaners, Mit· or Drv Geanen M~nor qwpment an-d Machmery ales and Rental. Minor ·airurcunds!(xnib!Hon Area fS arm, Ranch. Staole, ( ~ ~ ~,~a~rden~~o~r~O~r~c~h~ar~d~-----t---------1--------~-------1---------r------r------------t~--------t7--·-----+~----t7-----+--------~----·- arrners Market ( X ratt;-mat Orgamzatton, <. i. f X X odge, Civic ctvb, rate<TJitynr Sorority ~u~rn~i~tu~r~e~R~~ 7 t~o~~~.t~J~~~~+---------~--------1--------~------~r------r-------·-----¥~--------~--·-----fx~----~X~----r--------1~---- ~·~'~Pu~·~m~o~<~tA~c~c~~~s~o~~~·~V~s@~'+---------·4-------~--------~l---------r------r-------------f~dL- ______ -f~d~l------+------+------+-------~r----- .:.eneral X X ~anufacturing/lndustdal Use Comply·mg with erformance Standards otf Co-urie and/or Country IS

X

tub .ail, ' x

I Rec"f>_lionlllanquet/Meetin eal~f'l; Fitness Center X X orne O.:cooation e <I E''i $} omebwider De;i qn Center OSPita! X Hotel ous.ehoid Care Facility ndoor Gun or Archery Ran~e andii\1 aundro<nat X .imited A>"'mblv and X X ~anufaCUJring USe omplytng with ~er~f~o~rm~• 7 n~c~e~S~ta~n~d~a~r~m~--t----------+--------4--------+--------4-------r------------h----------t~--·----·~-----+~----+---------r----- 1 ock•'ll>th1S..Curity System X ompany t-~ach!ne Shoo ~ssaRe Therapy, LKens-ed X r-"<as>age Therapy, *66 Unticense<l BASE ZONING DISTRICT Nonr@o'i.idenUai pecial ~estdenHat

£GEND

F·3-Single lo'F-Multi MH-Monufacture< ·1-Restrtct"' ·2-Genera ·!-Light ·2-He•ry ~Q-Hlstorlc CJO- -Agricultura 1'·1-Sfnile Sf·l-Single "' ,..rmltt"d tn Dlstrtct Family Home Pdrk at net am fly amlly ommerdal omme-rciaf ndustria ndustria! pverlay Corrk "' prohibited In District ::~~~nt tiol e-stdentlal Resldertial PweUing District Dhtnct Pistnct ~!strict ~Hstnct Oistri1 Use permitted in O!stri~t Di~trkt Dl<tnct 1 lllstnct 2 ptstri<t 3 \lpon approval of a p!Strlct

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Page 30 of62

Municode

I Jspectflc Use Permit (a, Use Is permitted in the b, District Indicated If the c •.• ) use complies with

conditional development standard or limitations in the correspondlns alphabetical and note In Subsection 20.3 (Conditional Dev-'opment Standards) SPECIAL ZONING DISTRICT LEGEND

X Use subject to Base Zonins District X(S)Use subject to Base Zonlns District upon approval of a Specific Use Permit Use prohibited In District Resulatlon by District (See Individual Section)

PARKING REQUIREMENT

BASED ON USE

(1, See cornspondln1 z. numeric end note In 3 ... ) Subsection 22.8 (Parkinl

Requirement Based on Use) Use Type ini-warehouse/Self-storae ~iscetlaneous, Hazardous

ndustrtal Use obile Food Vendor I} I} () XiS I odet Home ortuarv_or Fun"""t Parlor otorcvcte Sales/Service r- ~unicipal Uses Operated by IX 11 IX 11 he Citv useum/Art Galterv X Nurserv. Malar flurserv. Minor ursina/Convalescent Home Office and Storate Area for ~ ~ public/Private Uttlltv ~Offici!! Center /Showroom XIS /Warehouse/Distrlbutfoo (Sl 11 p< enter pll WO!!li/Gas Well and Mineral

~ xtraction IX putside Stora1e and Display fXISI IX Incidental U,;,l fXISI ~utslde Stor"'I!! and Display IX Prtmarv Use) s ark or Plawround awnshoo ortable Buildin2 Sales rlntin!l Shop, Ma or rintinG Shoo. Ma'or SX rivate Club 5tol lslol Slol 5(g) rivate Utility (other than lsted t< (lecreational Vehicle Sales and l:'.ervic" NO!W/Used flecr.,atlonat Vehicle/Truck ~ Parkil1!1lot or Gara•e Recvclino Center Recvclina Collection Point XS Recvclin!l Plant ehabllitation Care Institution ehabilftation In- Home Care h h h h h 15 esearch and Development JX!S) enter BASE ZONING Resid..Uial pedal ~onresldentlal

DISTRICT LEGEND

*67 Use permitted in -Agriculturo J'iF-1 stnsae ~-2-Sinst• F-3-Sinst• ~-Multi MH-Manufactur"' •1 Restrict"' ·I -Genera 1·1-LIIh ·2-HttO"l HIG-Historic C/Q-Com amlly amlly am fly jHome Park omm&rdal ndustria Industrial pverlay orridor 0> District Plstrict Family ommercial ~esldentlal esidentlal ~esfdentlat P.,eiiiOB jotstrict Pistrict jofstrict District joistrlct iDfstnct ')istrlct Use prohibited in pistrict 1 p1strfct 2 Plstrict 3 ptstrict District Use permitted In District upon approval of a

,. ~·District [sPecific Use Permit a, Use is permitted in ... ) ndlcated If the use omplles with onditfonaf !<Jevelopmttnt

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Page 3l of62

Municode

I ,.~-·"·~ l J~···

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

{1, See corresponding I !lASED ON USE I l ... ) Subsection 22.8 I 2. num-eric end note in

(!"arking Requir-e-ment eased on Use) ~--- ----·- -~-- L..------·· b - - - - - - · - - :-:;----· U..- Tvo~ tesldence Hotel X XiS!

Ext<>nde<l Sta·; Hot;>O estaurant Of' Catetefia il il_ d IX ·r;: est,:u.::r·;:mt. Dtive··ln X X tx etaH Stor~ and Shop~ X etait/Ser-.nc(>, X ~, nddental choo!. Private- X t chooL Pubi1c m m m m mn chool D;strict Sus Yard m m) !<hi (mt (m' s s ewage Treatment .

~ lant!Pumpmg Station s e.xu.aUv OrientM Use"'> mall EngmP Repair Shoo X ~ - table. Commerdal X X -tor age or Whol~sate X X Warehoose - -axidermis.t t X s <clep!wne Excharn;te s , emoor.i1ry BuHdi~ u ·' empot art Portab!e nt \n; 11} n) n) I toraQ,e- Unit - heater. Neiqhbortmo<l y ;.. , tleatf!-r, ReQjonar ·- railer Reotat - X r·ailer /Manufacture-d X -

-icme Dis:otay and Sales

X X rans1t Cente-r IX ruch Sates, Heavy rucks - ruck T erminat X ruck/Sus R~oalr X s ['> ~tillty ^[0] ' is.tnbutioo iT ransmissior f'l<! IX ' X ;(S) v'etertnarian Chnic ---- nd /or KenneL mdoor

r etenn.arian Ciinlc 'X ~ nd 1 or KenneL Outdoor s s atet Tre.Jtment Plant 20.2 !n instances- where a proposed land use is not included in the SchedJ!e of Uses and mterpretation is required regardmg the· appropriate cla~sification of an unlisted form of land use. the City Council shalt make such determinattcn concerning the classificatmn of sud1 use. The City Council shall consider the nature and described pP.-rformance of the proposed use ar.d its compatibility wi!h the uses permitted tn the various districts and determine the zoning district or d1stricts w1th1n which such use *68 should be permitted.

20.3 Conditional Development Standards: A use is permllted in tile zoning district as indtcated 10 the Use Chart. Subse·;ticn 20.1. if the following condil•Onal development standards ill' !Imitations are met (a) Convemence Stoll' With Gas Pumps. (1} Gas Pumps are perrmtted only within two hundred {200} feet of the right-of.way ~1ne-s of intersection major 1l'tcrougl'llau?s; (2) Gas Pumps are permitted at a maximum of two (2) corners at an intersection of two (2) major thoroughtare-s (3) Canopil.::!~ shall hm.·e vitclled roofs (3:12 m gH::al~tL Canopy support columns shall be entirely masonry enmsed; (4) \5) A ra:,ed landscape filanter of tt\e same matenal as :he masonry columns shall be provioM at both enos olall pump .stands. Ratsed lanoscape planters

shall be between eighteen (18) lll1d twenty-lour (24) inches tall and a minimum of four (4) fee! wide and four (4) teet long: • Ratsed planters shaH be landscaped wfth a comomation of shrubs anct ground cover as appmved by th-e City Manager. or his designee:

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tv1unicode Page 32 of 62 Landscape island(s) totaling a length equal to tifty percent (50%) of the canopy perimeter and a minimum of SiX (6) feet wide shall be provided for screemng and traffic !low purposes; • These areoas ~hall have a minimum of one (1) ornamental tree per twetve (12} linear feet or portion thereof and one (1} fwe-gailon shrub per one (1) linear toot ammged as approved by the City Manager. or his designee;

{7} Use shaH be rernoved: if closed for more than six tG) months; and (8) The canOjly bank face shall be or a color consistent with the main str.~cture or an accent color and may no! be bacilli!

(b) Atcotlofic Beverage Esrablishment (1) illcoholic Beverage Establishments sMII be sucwct to compliance with the TEX. ALC. BE'i/ CODE. as amended, and any applie<Jble local option elections. (2) An AlcoholJC Beverage Establishment is pormttled only by SUP m C-1, C-2. i-1 and CCIO zonmg distm:ts (3) The regu!atlons herein app!lcabie to a public school shalt also appiy to a day-care cen:er or a child· care cen~er as pn:;vided in §109.331, TEX. ALC.

BEV. CODE as amended. (4) An Alcoholic Beverage Establishment shall not be located w1thin: Eight hundred ~800) feet from a church. public hospital. public school. pnvate school and/or resifler1tlaf zoning district For this purpose. (a) resiaential zoning districts shallmclude. but not be lim1ted to. properties that are zonro SF-1. SF-2 SF-3 and residential PD districts: (I>) 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. 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

(5) 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 pr<!'mises, excluding the sale of item~ subject to the moto,· fuels are trom trw sate or service of alcoholic hevemges: or {iii) the holder of a Hcense or perrmt issued undef Chapter 27, 31 or 72. TEX. AlC. BEV. COD-E. as arnettded. wh() Is operaong on the premises of a private sChool.

(7) Measurement of th-e d1stance between the place of business engaged in Alcohali': Beverage Sales and tht."' chuich or pc;b\ic hospital shall be along fhe property line of the street 1ronts. from fro-nt door tO fronl door. and m a direct iine across inlersections Measurement for the dislanr:e between the place of b!IS1ness engaged in _Aicohofic Bevera-ge Sales and a public or private schoof shall be: Jn a direc.1 tine from the Property Line of the puthc or privale school to the Property Line of the place of business and in a dire-ct line across (a)

in!ersechons_ or If Alcoholtc Beverage Sales are loc.aled on o; above !he fifth {5th) s~ory of a multistory buiiding. 1n a d1rect line from the Property Line cf the public {b) o: private schc.."Gl to the Property Line ot the piace of bus1ness, in a Otrec1 I me acres:: interse:t,cns a1 ;d vert1C..-r'1H~; tJP n·~e bwtdlng at \he Property line to the bas.e floor on wh~eh Alcoholic Beverage Sales are located.

(8) In accordance with §i09.33. TEX. ALC BEV. CODE as amended. if) thts Subsection 20 3{:::). "pnvate school"' means a private schooL indudmg a paro·:::hfa! s-chool, that· {a) Offers a ccurs-e of instruction for students in Cl!e ( 1} or more grades from kindergarten tt!rough grade twel'.fe {12J: or (b) Has more tha~ one hundred (100) students enrolled and attend1ng courses at a single locatwn.

(9) I! at any time an origma! Al<.'.oholic Beverage permit or iH;ense is granted by the Texas Alcoholic Beverage Commission to an es\ahlishmenl, place ol business or person and the establishment ptace of busmess or person sattsfies the requirements regarding the <listance requirements }n tnis Subsection 20.3(c}, then the same shail be deemed lo satisfy the distance requirements for alt subjed tenev;;ais of the ficense or permit. This shaH not be the case if the Texas Alcoholic Beverage CommiSSIOn revokes the ltcense or perm't.

{10) There shaU be no variances cons10ered with regard to the regulations set forth herefn. *69 (d) Gas Pt~mp.s !Accessory Use}· Accessory gas pumps are oniy allowed as an accessory use to a brg box tenant and are subject to the following development standards 0) Accessmy gas pumps must be located on !he same lot as a big box tenant {2) Accessory gas pumps are pen:nitled ala maximum o! two (2) comers at an mtersection of two (2) major thoroughfares. {3) A sales l<•osk serJiclf.g the accessory gas pumps snail be less than five hundred (500) square-feet In noor area. (4) Accessory gas pumps shall be located alleast two hundred and fifty (250) feet from a property line ~~a residential let For the purposes of th1s Subsection 2C.3{Q). a res!(1enti.allot means a lot on wh1ch a re-sidential use is loc.ated a lot zone<! resident1a! or a !ot

{al des1gnaled as resictentiat on the Comprehensive Land Use Plan. {b) P.ccess.ory ]<lS pumps do nol have to meel the spacing requirement Jf; (i) A maJor thoroughfare separates 1he- <'iO.::essory gas pumps from lhe restdentta! h1t· or (ii) The Future Lam! Use Plan designates a lot as resident•aL bul tile City Council subsequently rezones the properly lo a nonresidential

zonir:g t:k:;trict and no residential us~:~ is located on the lol. (5) Canopies shall have pllclled roofs. (5) Canopy support ~olumns shall be fully encased With masonry materials that are complementary lc that used r;n the main buildmg. (7) The canopy banO face shall be of a color consistent With the mam structur-e Of an accent color and may not be backlit or used as signage.

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Municodc Page 33 of 62 Horne Occupation A home occupation, in districts where allowed, shall meet the fo!!mving standards to maintain the resident1al chara-cter of ft)e neighborhood whUe prmnding opportu111t1e-s for home-based businesses: {1) Unless specifrcally permit!ed by this Subsection 20.3(e). home occupalions shall be conducted entirely within tne main burlcrng: (2) Home occupa:ions shall not produce any alteration or change in the exteriO< appearance of !he res.dence which is mconsrstent with the typical

appearance of a residential dwelling: (a) No external evidence of the occupation shall be detedable at any lot line. includ'ng advertising. srgns. smoke, dust. noise. fumes. glare. vibration

or e>ectncal 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<ed on the property in connectron with ltle horne occupation The commercial vehicle shall not be parked on the street; (g) The twme occupation shall not r~uire regular or frequent deliveries b)' large delivery trucks or vehrcles In excess of one and one· han (1/>) 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; 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 (il

made via me telephone. in!eme~ or at a sates party may be frlied on lh>! premises. and No traffic shall oe generated oy a home occupation in greater volumes than normally expected in e rt!Sidential nergnborhood. and any need for (i) 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, 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 (4J

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!<rng. etc; (hl Repair shop fur small eiectncal appliances. c • .''lmeras. watctie:s. or ether small items prov1ded !hat !tems can be cam~d by one 11} person w1!h no

speCial eqwpment. and prmnded that no internal combustion engine repair is allavi-&d; (i} Chitd-C:are: Licensed Ch1ld~Care Horne. Child~Care· listed Farn.!y Hrnne or Cl'1ild~Care: Registered Chlid .. Care Homt!; (J) Home-s with SIX (6) or more chllctmn shall meet the City's budding and/or fire codes . .as amended;

Barbershop. beauty salon or manicure studtO. provid-ed that no more than one {'1) customer IS serv-ed at any one time: (k) (I} CommHnfty home and other res1dentlat care factfity that qualifies as a community home under the Comrnumty Homes for 01sabled Persr.ns

Location Act Chapter 123 of the Texas Human Resources Code. as amendecL prr..:vtdBd such facit<ttes meet the requirements set out Wllhw th1s Ordinance:

(m) internet hassd businesses: and {o) Food Prodoct1cn Operabons that produee non-potentially hazardCHJS lood Examples of non~potent<ally hat3rdcus fc">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, 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 (e)

or other reparrs shops: Cabinetry. metal worl: or welding shOp: If) (g) Office fm d<><-ior. dentist. veterinarian or other medical-related prolessron: *70 (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; TraHer. vehteie, tool or equipment rental; (k) (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: If lhe applieaflt disagrees with tile determrna!ion of the Director. ihe applicant may appeal !he Director's <!ecrsion !0 the Cr:y Manager. in writing {a) and wUhm five (5) calendar days of the Dlrecto!'S :jec.Jsicn, unless said appeo1l procedure is othetw!s?. provided herein. The City Manager's decisJOP sh..'ilt be finaL

t 12) Any home occuoaUon that was legalfy in ~xiste,ce as of the effective ctate of H1is On:finartce and that is not in fun conrorm1ty with these provisions shaH be deemed a legal noncontormtng use. (f) http :/!library. municode .com/pri nt.aspx?h=&c l ienti D= 13 543&IITiv! Req uest=http%3a%2f~'O ... 1/6/1014

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Household Cafe Facility: Shall maintain a minimum separation of five hundred (500) feet measure<! linearly from property line 1o property line from any other Household Care Facility.

(g) Private Club: (1) Private Clubs shall be subject to comptiance with the TEX. ALC. BEV. CODE, as amended, and any appficable local option elections. (2) A Private Club is penn~ted only by SUP in C-1, C-2. 1-1, 1-2 and CCIO zoning districts. A Private Club is also permitted by SUP as an accessory use in

any zoning distlicl only when in conjunction with the operation of a gOlf course. (3) The regulations herein appticable to a public SChool shall also apply to a day-care center or a child-care center as provided in §109.331, TEX. ALC. BEV. CODE. as amended. (4) A Private Club shall not be located within: (a) Eight hundred (800) feet from a church. public hospital. public SChool, private school and/or residential zoning district; (b) One thousand ( 1.000) feet from a pubfic SChool if the Cily Council receives a request for this additional spacing requirement from the SChool

district, and the C~ Council adopts such add~ional spacing requirements by resolution; or (c) One thousand (1.000) feet from a private SChool If the City Council receives a request for this additional spacing requirement from the board of the private school. and the Cily Council adopts the additional spacing requirements by resolution. (5) Measurement for the distance between a Private Club and the uses fisted above or the nearest residential zoning district shall be in a direct line from the Property Line of the applicable use listed above or the nearest residential zoning district to the Property Line of the Private Club and in a direct line across intersections.

(6) There shall be no variances considered with regard to the regulations set forth herein. (h) Rehabilitetion In-Home Ca~e: Shall maintain a minimum separation of live hundred (500) feet measured ~nearly from property line to property line from any other Rehabilitation In-Home Care. (i) Renaurant or Cafe/erie: (1) Restaurants or Cafeterias are permitted by right in the C-1. C-2. 1-1. HID and CCIO zoning districts. (2) Restaurants with a drive-through are only penmtted on the C-1, C-2.1·1. H/0 and CC/0 zoning districts. (3) Restaurants or Cafeterias that sell Alcoholic Beverages for on-premises consumption shaH be subject to compliance with the TEX. ALC. BEV. CODE.

as amended. and any applicable local option elections. (4) The regulations herein applicable to a public school shan also apply to a day-care center or a child-care center as prOVIded in §109.331, TEX. ALC. BEV. CODE. as amended. (5) A Restaurant or Cafeteria that sells Alcoholic Beverages for on-premises consumption shall not be located within the foHowing: (a) Three hundred (300) feel from a church. public hospital. public school and/or private school. However, Alcoholic Beverage Sales may be located within three hundred (300) feet of a private school if the holder of a license or permit holds a food and beverage certifocate covering a premises that is located within three hundred (300) feet of a prtvale 8Cilool; or

(b) One thousand (1.000) feet from a private school if the City Council receives a request for this additional spacing requirement from the board of the private school, and the City Council adopts suCh additional spacing requirements by resolution. Measurement for the distance between a Restaurant or Cateteria where Alcoholic Beverages for on-premises consumption are sold and a church or public hospital shall be along the property lines ol the street fronts, from front door to front door and in a direct Une across Intersections.

(6) Measurement for the distance between a Restaurant or Cafeteria where Alcoholic Beverages for on-premises consumption are sold and a public and/or private 8Ciloot shaH be: (a) In a direct line from the Properly Line of the public and/or private school to the Properly Line of the place of business and in a direct line across

intersections; or (b) If the Restaurant or Cafeteria that sells Alcoholic Beverages lor on-premises consumption is located on or above the filth (5th) story of a multistory building, in a direct tine from the Properly Une of the public and/or private school to the Property Line of the place of business. in a direct line across intersections and vertically up the building at the Property Line to the base of the floor on whicll the Restaurant or Cafeteria is located.

(7) If a Restaurant or Cafeteria receives seventy-five percent (75%) or more of ~s gross revenue on a qu811er1y basis from the sale or service of Alcoholic Beverages for on-premises consumption, the use win no longer qualify as a Restaurant or Cafeteria and wm be Classified and regulated by the City as an Alcoholic Beverage Establishment under the Comprehensive Zoning Ordinance. as amended.

(8) There shall be no variances considered with regard to the regulations set forth herein. Chifd..Ca~e: Licensed Chifd..Cill& Home. Child-Care: Lis~d Family Homf! or Child-Care: Registel&d Child-Cal& Home: Permitted by right as a home (j) occupation in the designated zoning districts and are subject to the regulations of Home Occupation set forth in Subsection 20.3(e). (k) Child-Care: Licensed Child·Cill& Center: (1) Notwithstanding anything 1o the contrary herein. a public independent school district is not required to obtain a SUP lor the operation of a day-care in a public school. (2) A day-care not operated by a public school district is permitted by right in the C-1. C-2. 1-1 and HID districts and by SUP only in the CC/0 district. The approved SUP shaft estabUsh the maximum enrollment capacity for a Child-Care: licensed Child-Care Center. (3) (4) Day-care facilities shall provide annual reporting data, upon request. thai confirms child-care is provided for less than twenty-four (24) hours a day. (5) Outdoor Play Space Requirement

(a) All centers shall provide outdoor play space at a rate of sixty-five (65) square feet per child. (b) This requirement shalt be based on the maximum licensed capacily of the !aciDly. *71 (c) The outdoor play space shall have no dimension of less than thirty (30) feet. (d) If the facility provides care lo all children for less than four (4) hours per day. then the facility shall be exempt from this requirement.

(6) Outdoor Play Space Defined: (a) Outdoor play space is defined as the area used for outside recreafional purposes for children. The outdoor play area must be endosed by a fence or at least lour (4) feet in height with at least two (2) exlts. (b) (c) One (1) exit may be an entrance lo the building.

(7) Pre-Existing Exemption: Subsections 20.3(k)(5) and (6) shall not apply to a day-care center with a Certificate of Occupancy, Site Plan or SUP issued or approved prior to May 1. 2013. (I) Mobile Food Vendor: (1) Mob~e food vendors are permitted by SUP only in the C-1. C-2.1-1. H/0 and CC/0 zoning districts. (2) Mobile food vendors shaH be located on private property where an existing. permanent business operates in a building with a Certificate of Occupancy. (3) Mobile food vendors shall provide the C~ w~h a copy of written permission from the property owner on an annual basis to allow the operation of a

mobile vendor and 1o allow the mobile vendor and their customers' access to a c:ornmen:iatty plumbed public restroom on-site. (4) A mobile food vendor shall submit a Site Plan depicting the location of the mobQe food vendor on the property, shall secure a health permit as prescribed by the Melissa Code of Ordinances and a permit from Development Services prior to the operation of such uses. (5) Temporary connections 1o potable water are prohibited. Water shaH be from an Internal tank and electridly shall be from a generator or an electrical outlet via a portable cord that is in conformance with the electrical code as adopted by the Cily and selforth in Alticle 3.100 (Construction Codes) olthe Melissa Code of Ordinances.

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(6) MobHe food venders shatt be located within fifty (50) feet ol an entrance of a primary building that holds the Certificate of Occupancy. (7) Mobile food vendors shan be setback a minimum of one hundred (100) feet from major thorOughfares. as designated on the City's Thoroughfare Plan. (8) Mobile food vendors may operate only during the business hours of the primary business on the property. The operator of the primary buHding shall possess a City tax certificate show as paid. (9) ( 1 0) A drive-through is not permitted in conjunction with the mobile food vendor. (11) MobHe food vendors shall not operate in parldng spaces. driveways, lire lanes or public roads. (12) Sales of food from a stationary vehicle excludes catering truclts. (13) Mobile food vendors are prohib~ed in a temporary building.

(m) School Distlict Bus Yard: A School District Bus Yard shall be owned and/or operated by a public school district. Unless othe!Wise approved by the City, School District Bus Yards shall be screened using one (1) of the following methods: (1) Op6on 1:

(a) A six (6) foot ornamental metal fence; (b) Three (3) inch caliper evergreen trees on twenty (20) fool centers: and (c) Five (five) gallon evergreen shrubs on three (3) foot centers.

(2) Opfion2: (a) A six (6) loot clay-fired brick wall: and (b) Three (3) inch caliper evergreen trees on twenty (20) foot centers.

(n) Temporary Portable Storage Unit (TPSU): (1) A permH shall be required to be issued by Development ServiCes for the use of a TPSU lor temporary storage. Among other things. the permit application shall indicate the desired localion of the TPSU on the subject premises. TPSUs may not, under any circumstance, be placed on any public right-ot-way and/or easement. (2) TPSUs shall be placed solely on surfaces in accordance With Subsection 22.2 (Special Off-Street Parking Provisions) (b) (Paving Requirements). (3) (4) In the SF-1. SF-2, SF-3 and MH districts, TPSUs shall be placed at the furthest pointfrom the street. In the MF and MH. if applicable, districts. TPSUs shall be placed at the location authorized by the owner of the property. (5) (6) Only one (1) permit lor one (1) TPSU may be issued per residence at any given time. (7) No appficant for a TPSU perml will receive such permit more than twice in any given calendar year. (8) A TPSU for which a permn is issued as described herein may remain on the subject premises for no longer than ten (10) consecutive days.

commencing on the date the permit is issued and made available to the applicant. (Oro No 05-16. adopted 1·25-CS. Sec: 2, Orcf No 06-41. -pled g.z64J6 Sec. 2: Orc1 No 13-06 aclopted 2·12-13. S<te. 2: Orcf. M>. 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. f.) F A SF·t F·2 H ·1 ·2 ·1 ·2 none none one none ot Area (SQ. ft. acres 20 000 10 000 000 b 000 100 none inlmum Lot Width ft. 150 0 0 one """" """" """" 0 ~ none 00 120 100 150 120 none inimt..m Lot Death ft. 120 one 30 5 25 d) root Yard Setbaclt (ft. 50 5 5 0 0 a a e ide Yard Setback ft. /interior lot 15 10 7.5 15 .5 d) 10 e ide Yard Setback ft. /corner lot 5 0 0 5 0 d 5 f f ear Yard Setbaclt ft. 5 5 5 5 0 10 d f 0 f too· 25 3 .5 .5 l .5 ~xlmum HeiGht stories or ft. 100' """" one """" 0 ,., .. 15 40 140 laximum lot CoveraQe % 0 40 0 0 0 1,800 c inimt..m DweiUnq Size (SQ. ft. • 1 100 1 500 1.000 20 ooe one Ia 2 7 15 Ia Ia Ia Ia aximum Oensitv Per Acre "The minimum floor area of any dwelling shall be exclusive of garages. breezeways. and porches. 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. (a) The minimum lot area for multi-family dweHings shall have a minimum of 3.000 square feel per dweUing unit. (b) The minimum dwelling size for each multi-family dweUing unit Shall be 600 square feet. (c) (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. *72 (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 Part<ing ProvisiOM (Residential Districts, excluding Multi-Family Residen6al Districts): (a) Part<ing Placement. Required off-slreel parking shall be provided on the same lot as the use it is to serve. as referenced in Subsection 22.9 (Location of

Parking Places). (b) Paving Requirements. Required parking must be paved concrete, or it may be pervious concrete or other materials with approval of the City. (c) Agricultural Zoning District. In the A district, the required part<ing shall be on. at a minimum, washed gravel to reduce dust emission or similar all-weather

surface. (d) Heavy Loed Vehicle Storege. No required perking space, garage, carport or other automobile storage space shall be used for the storage ol any heavy load vehicle. (e) Minimum Parldng Provisions. In all SF districts. there shaH be a minimum ol two (2) enclosed garage parking spaces. (1) (2)

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Municode Page 36 of62 In addition, tnere shall be two (2) pav6d parl<ing spaces provided behind the front property line only for the purpose of allowing on-srte stacking or maneuvering to tne enClosed spaces.

(3) Front entry deoigr. requirements listed in Subsection 23.9 (Residential Front Entry Garage Standards) apply to the diStricts listed in this Subsection 22.2 (a). (f) Enclosed Parlrin!J and $racking Spaces. (1) In residential zoning districts. required enClosed parking and sta<:J(ing spaces shall be a IT'Jnimum of nine (9) fee! wide and twenty (20)1eet tong. \2) Required enclosed parking and stacking spaces shall remain clear of any encroachments.

(g) HIO Detached Garage Setbacks. In the HIO distnct the front of a detached garage shall be set back a mu11mwn ol twenty (20) !eet from the projection of the front porch or building line. {h} Circular Driveways (1) Circular driveweys shalt be designed to accommooate any requ:red parl<ing behind the front buildmg tine. (2) Such drweways shall ccmply wrth dnvcway standards as outlined rn the City's Eng1neering Standards. as ~mended. descnbed and defined in lhe

Melissa Cooe of ,Ordinances.)~.r:!Lde 9.100 (Subdivision Ordinance Adopted), Article IV (Design Standards). whrc.h are incorporated herein by reference for all purposes,

22 3 Special Off-Street Parl<ing Provisions (NonresrdentuJI and Multi-Family Residential Distncts): (a) Par/<.ing Space Delmealion

(1) Parking spaces sha!l be permanently and cleariy idenfified by stripes buttons, tiles, curbs. bamers or other approved men·~ods. (2) Nun-permanent !ype ma<l<ing. such as parnt. shaH l:>e 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!)SSibl<e lor a vehicle to overtmng !he front~~ o parkmg space above a paved. stoned, mul;::hed. or grassea area othe' !han a reqwred landscape area. open space area. siaevudk, street right··Of-way or adjacent property, the dept.~ of the pa>JeO 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 par1<ing spaces that are twenty (20) feet long. {5) ParaHet off-street parking spact~S must be a mmimum of e1ght (8) feet in width and twenty~twu (22) feet 1n depth. (6) Paning space• within structured parking garages shaft be a minimum of ei!Jh! and one-haff (6%) feet in w!dth and eighteen (181 teetrn depth.

(c} Encroachment Upon the Public Right-of*W.ay or Required Landscaping Areas (1) Off-street parl<ing shall be prohibited from encroact11nll mro !he public nght-of-way "'any case. (2) All vehH::!e mara~lwering shall tatce place on-site.

(a) No public right-of-way sttall be us•Hi fa< backing or maneuvering into a parking space. except in th" HIO drstrict as approved by tt>e 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:

t ota! Parl'.ing 5poces Required Minimum Nu:nber of e<ess;bt~ Spaoes t to 25 1 ~6 to 50 1 to 75 3 6 to 100 Ol to 150 51 to 200 .01 to 300 01 to 400 01 to 500 ~1.ooo 2 pPrcent of totat 20. ptu:, 1 for ~ach 100 aver 1.000 ,OOi and ove-r

22.4 Off-Stre~t Loading Space (Ail Distncrsr All nonresidenba! use-s having fifty thousand (50 000} square feet Of more of gross floor area shall provide and maintain *73 an off-·street area for lhe )oadfng and unloading of merchandise and goods. (a) Dr.ves and Approaches. (1 J All anves and approaches shall proYtde adequate space and clearances !o allow lor the maneuvering of trucks off-street. {2) Each site shatl pro viae a designated maneuvering area tor lrucks (3) No maneuvenng snail take place in !he right-of-way.

22,5 Parlrmg Access from a Public Street (All Districts)· (a) Vehtcular Access. Vehicular access to nonresidential uses shall not be permitted from alleys serving residentral uses. 22.6 ,t:'(vfes for Compu6ng Number of Parl<ing .Spaces: tn computing the number of parkmg spaces required for each use the following rutes shalf govern (a) Floor Area. "Floor Area" shall mean the gross ftoor area of the specific use. (b) Fractional Parlring Space Calculation. Where fraelional parking spaces result. the parking spaces required sr1all b<; munden up to the nearest whoie number (cl Unlisted Use F?equirement Calculation. The parkmg space requirements for a use not s.pecifica!ly mentione-d herem shall be the same as required for a use ot

similar nature or as approved by !he Cr!y rn conjunction with a Site Plan The appltcant must pc:>vtde data to support the request. {1) (2) Op6onal resmrrc~s !or th<> parl<in(l •pace requimmen! considerahon may include the Urban land lnst1!ute lULl) and lnsUtu!e or Transportation

Engineers (!TE) technical manuals Of oilier slmffar planning documents. Building/Use Changes or En-largements_ \!Vhenever a bui!ding or use constructed or cstabHshed after the erfer:-tive- .jate of !his Ordinance is changed or (£1) enlarged in floor area. number of employees. number of dwelling units, seating capacity or otherwisa, to create a need f<lf an increase ol ten perwnt (10%) or more ln the number of existing parking spaces. such spacez shall be provided on th-e O-asis of the entargeme~-.t or change. (1) 'Mlenever a building or use exiSijng prior to May 1, 2013 is enlarged to the extent of!hirty percent (30%) or more m ftoor area or in the area used, said

building or use shall !hen and thefeafler como!y with the parking requirements sel forth herein. http://library.municode.com/print.aspx?h=&clientiD""l3543&HTMRequest=http%3a%2f<>;o ... 1/6/2014 Page 72 of 98 fvlunicode Page 37 of 62 (e) Shared Parl<ing Space Caicula11ons. In order to establish a baseline number of parking space~ !hal may be reduced on a shared parking agreement the baseline number of pilrking spaces shall equal the sum of the requirements oi the various uses computet~ separately. {1) Mixed Use Sharod Parl<ing Agreement. Up to fifty percent (50%\ of U1e parl<rng s;oaces required for a lheater or ott;er place of evening entertainment

(after 6 00 P.M.). or !or a church. may be provided and used jomt!y by banks. offices and simrlar uses no! normally open. used, or operated dunng evening hours i! speciftcally approved by the City as shown an a Site Plan or Final Plat. (a) When a college or university offering e""ning classes only (after 5:30P.M.) and an off•ce development ~relocated on the same lot. ihey may

share one nundred percent (100%) of the parking proVIded on the lot (with apprcval of a Prelimmary Site Plan or Site Plan designating as such). (2J Uses Prohibited from Mixed Use Sha~d Parking Agreements. Except as otherv..rise penn1Hed in the CCtO district, uses that conform to Subsection 22.8 {Parking Requirement Basect on Use} {a} (Off-Street Parking Reqwrernenis, (42)(c) (Retai! (Shopping Center; are prohibded from using shared par'~<ing unless 1::1pprov-ed by the Director.

(3) Pedestrian Access Proper pedestrian BCCflSS is provided s:uch that pedestrians can access both use~ within an ac::eptab!e distance and that such access m provide-d safely and conveniently to both uses (4) Rescinde<! Shafl!'d Parl<Jng Agreement Approval. Approval by the City may be rescinded by the Cily, and additional par~ing shall be obtained by the owners in tt·~e event that the City determines that such jo1n1 use is resulting in a public nwsance by prcviding an inadequate number of pario!.mg spaces or otnef'l'nse adverseiy affecting the public health. safety or welfare.

22.7 Circulation and Parnmg Requtrements for ail Nonresidential Districts (a} Applicability The regulations provided in this Subsecti(>n 2~.7 shall apply to ail nonresidential d!stncts. (b) Parking Atsies. Parkong aiSles shall be des1gne<i perpendicular to !J1e front or the pnmary building in the development. ~Vheei Stops andiot BoJJards. tf curbs are nol provided, then parking spaces that face and are ~diacent to a building sha\i utilize wheel stops andfor bol!ards (c) {d) Drive Aisles Continuous drive· afsles in front of bui!dmgs cannot be Jonger than three hundred 1300) feet without a thirty [30} foot offset a roundabout, rat sed

crosswalks, or ether acceptabie traffic~ calming feature appwved by the Director and Fire Chief 22.8 Parking Requirement Based on Use· (a} Off-Street Park1ng Requirements. In all dtstricts, at the Hme any building or structure is erec!ect or structurally aitered, off.·stre&t park,ng spaces shall t;e

provided in accordance ... vtth the following reqwreme11ts. 11) Assisted Care or Uvmg Facility. One (1) space per frve (5) beds and one (1) parkrng space for each one thousa~u {1 OV'O) square feet of lot area tor

outdoor uses (2) Athletic F;elds. Minimum of fifty (50) spaces per field for fields withou1 (ixeo seating or the greater of f1fty (50} spaces per field or one {1) space per four (4) f1xed temporary or permanent seats, (J} Bank.. Savings and Loan or Credit Un!on One (1) space per three nundred (300) square feet of gross flr:,or area. i4) Bed and Breai<f<Jst Inn One {1) space p<>r 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<!y F,,., (5) parking spaces for eac.n a!ley or lane. (7) Car Wash. Ful! Se.-vic;, Two (2) parking spaces plus required stad"ng for each car wash bay. (6) Car Wash, Self SeNice. Two {2) parl<ing spaces plus required stacking for each car wash bay. {9) Child-care. Kindergartens, Day Schoots and S;milar Child Training Establishments. One ("l} space per e:gt1t {8) pupjJs pius one ( 1) space per emp!cyee. (10} Church. Rector; or Other Ptace of Worshtp One \1} space p€r une hundred {100} square l·eet ot gross floor area of the main sanctuary. ( 11) College or IJmttefSlty. One (1) space per each day student (12) Civic/Convention Center. Community Center. Library, Museum or Arl Galler;. Ten (1 0) parking spaces ptuE one ad<lilrona' space for each three

hunared (300) square feet of floor area in excess of two thousand {2 JJOO) square feet If an auditorium is Included as a part ol the burlding. •ts n"or area shaH be deduc~e<i from the total and a<:!ditional parking provrded on the basrs of one (1} space for <"ach four 14) seats that tt contarns

(13) Com'Tiercia! Amusement jlndoof). If a stand~alont use, then one (1} space per one hundred {100! square feet of gross fioor area. If w1thin a shopping center, then one (1} space per two hundred fifty {250} square feet of gross floor area (14:t Commercial Amusement (Outdoor). Two {2) spaces per three {3) seats on amvsemenl nctes. or ten {10,1 spaces per nde. sports cour!. battmg cage facifity or attrat:1jon w1th no specific or defined seatmg ( "15) Conventence StorE: with Gas Pumps, One (1) space per t\..vo hundred {200} square feet nf gross fioor area. Parkinq m front of pump stations shall be counled towards m~ebn-g the required parl!:ing A minimum of six {6} parking spaces shaH be provided adJacent to the main building. (15) Dance Hair Assembly or Exhibrtron Hall without FIXed Seats. One (1\ parl<rng space !Of each one hundred (WO) square teet of floor area thereof {17) Dweffmgs. Single Family. See Subsection 222 {Specta! OF>~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. *74 (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!l<ing spaces per hole (or tee), plus one (1) space for each one hundred (HJO) square feet of game room area (24) Heal!h Studio or Club. One \1 i parking space per one hundred (100) square feet. {25) Hospital. One (1) space. per emp!oyee on the taryest s!""Jift, plus one and one·half {1 ~,..1} spa;;es per each bed or examination room. whichever is

opplicabfe {26) Hotel One (1) parl<ing space for each sleepmg room or su~e plus ooe (1) space for each two hundred (200) •quare feet o! commercial floor area ronlaine<:! !herem. (27) Lodge or Fratemal Ooyanization. One (1) space per !wo hundred (200) square feet. (28) Mamrfacturing or lndastrfal Establishment Research or Testing Laboratory. Creamery B~ilfing Plant. Wareflo"se. Printing or Plumbmg Shop or Similar

£stablist1ment. One (i) parking space for each employee on the maximum workmg shift plus parking spaces to accommodate aH trucks and olher vehides used Tn connection therewith. but not less than one {1) parking space foi each one tM:ousanU {1 ,oom square feet of floor area

(29) Mini~Warehouse. S1x {6) parking spaces per complex located outside of the security gates and accessible to the pub!)c. (a) Interior parking spaces for loading and unloading may be included as parallel spaces between the fire lane and storage bw}dings (3D) Man11facwred Horne Park. Two (2) part<ing apaces for each manufactured home plus additional pa!l<lng spaces as required herein for accessory uses (3"1) Mortuar-1 or Funeral Nome One{'!'} paridng space for ea'".h fifty (50) square feet of ftoor space in slumber 1ooms. parlors or individuai funeral service

rooms. (~2) Reserved. (33) Motor Vehicle Repair ~nd Service. Three {3) parking spaces per service bay plus one (1) addit1onal parl<ing space per maximum number of employees

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62 (34) Motor-Vehicle S"i"sroom and Used Car Lots One (1) parking space for eaCh five hundred (500) square feet of sales ffoor for indoor uses. or one (1) parking space for each one thousand (1.000) square feel of lot a111a lor outdoor uses. {35) Nursery (Major ana Minor). One (1) parking space for each five thousand (5.000i square reel of outdoor storage area Any associated sales or office area snail be calcu!ated at one ( 1 J parking space pe< two hundred (200) square feet. (36) Office (Professional). One (1) space per three hundred fifty (350) square feet of gross noor area e<cept as otherwise specified nerein {37) Office (Medical and/or Dental). One (1) spaee per two hundred (200) square feet of gross fiOOf area. Fac>lities 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) pafi<mg space for eacil seventy-five (75) square feel of gross !!cor area. (39) Recycling Center/Plant One (1) space per one thousand (1.000) squme feet of gross floor area of the processmg center. (40) Reserved. (4 i) Restaurant or S1miiar Dining Establishment

(a) Stand-alone Restaurants. One (1) parking space for each one hundred {100) square feet of gross ftoor area. fnime Restaurants_ !nhne .restaurants. re:staur;ulls located w1!hin a common stludwre. attached to neighbonng busfnesses, and are not stand {b)

alone structures. shall provide one (1) space per two hundred (200) square feet of gross floor area {1) This standard. does not apply to restaarar.ts conforming to Subsect1on 22.8 (Parking Requirt!ment Based on Use) (a} {Oft-Street Paiim1g

Reqwremen!s. (42)(c) (Retail (Shopp,ng Center). {c) Outdoor Seatmg Areas Outdoor seattng areas {may be covered_ Out not enctosed) under tive hundred (500; square feet do not have an additionai parking requirement. lf greater than f1ve nundred (500) sqllare feet, one (i) parking space for each one hundred (100) square feet of gross floor area

(42) Retail. (a) General "?etai/. One (1) space per two hundred (200) square feet of gross floor area. Reta1! (brg cox. wholesale. fum1ture store. etc.). One (1 J space per two hundred fifty (250) square feet of gross floor area rb) {c) RetaJ/ (Shoppmg Center) One (1) space per two hundreo fifty (250) square feet of gross floor area ior shopmng centers between one honored

thousand \,00.000! and five hundred thousand (500,00(1) square fee!. Regardless of use breakdowfL parking overtlow amongst uses:!o!s is permitleC.

fd) Retail (over 500.000 square feel}. One (1) space per lwo hundred (200) square teet of gross floor area. (43) Samtanum Convalescent Home, Home tar the Aged or Simrlar ins/llvlion On€ (1) parlong space for each five 1.5) beds (44) School. Elementary. Secondary or Middle (Kmderganen throug~ Eighth (8th) GraCe) (Public or Pnvate) O"e (1) parl<mg space per seventeen 117)

students. The total number of students shaH be detemln<>d by taking the square footage of standard classrooms divided oy twenty {20). plus the square (a)

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~<oal standards or sin111e uses wiuci• have varying parking needs

depending on the fuf!clior. of that spedfic smgle use, an applicant may submit a parking ratio based on besi/current planning and transportation prac~jces. Best!Cum!!nt Pract1ces Parking Ratio Applicabon {a)

(1) An aop!icant shalt fu!fy cite the sources used to dtMive the applicant·submftted paiklng ratio, possible resources lnc!ude parking standards rnat€riV!s from the Jnstitute of Transportation Engineers (IT[)_ as amended. or the Arnencan P!arntng Association (API'-.), as amende1 it:e Director s:hal! review the appltcanl submitted paliting raho to confum besttcurrent planning practices for a use. (2} {3) The Director shalt approve. modify or deny the applicant subrm!ted parking ratio. Parking Ratio Detennmation in Case- where nc Application is Subm1tted.

(fJ) 0} ff the applicant does not submit a parking ratio. then the Director shall determine the parking. {50) Conditional Devefopment Standards. {See specific Conditional Development Standaros penami11g to use ) (b) Stacking Requirements. *75 Stacking Space De.firrt'tion. Stacking spaces provfde the ability for vehicles to queue on sfte prior to receiving a service. \11 Stacking Space Size and Location. A stacking space slla» be a mimmum of nine (9) feet in width and twenty (20) feel in length and shall no! be located (2)

within or interfere wi!.h any other Clrcu!atlon driveway, parking space. fire lane or maneuvering area. (3) AddiYonal Stackmg Soace LocaNon Criteria Stacking spaces shall be provH.led behind lhe vehicle bay door. mHJdle of the service window or midd>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) stacl<ing spaces. {b) Automobile Oil Change and Similar Estab/lshments Three /3i stacking spaces per bay. (c) Car Wash. Full SeNice Six (6) stack1ng spaces per tay. (d) Car Wasil. Serr Service (Automated). Three (3) stacking spaces per bay. (e) C;;r Wash. Self Service (Open Bay). Two (2) staclling spaces pe1 bay (I) Car Wash, Se.ff SefV!ce (Drying Arnas and Vacuum lslancls;. Two (2) stacking spaces per drying area and/or vacuum island. (g) Child-caro, Kmdergartens, Day Schools and Sirnilar Child Training and Care Estab!t.shments. One { 1) stacking space per twenty {20,1 students

pr-ovided on a through "circular· dri·>Je (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;

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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 ( 1 0) 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 avml<lble. a! Ctty-designaled locahoos if all of thB !ollovmg COndiUOOS eXISt (a) Any property ownen1essee. or his/her aut~cnzetl agent. requesting any bt1ild:ng penni! andtor Cenificate or Occupancy, which affects a parcel in

the H/0 distr~ct and wtlich resuHs in a more inlense use or greater sqvare footage. must provide the additional parking requ1red by this Ord:nance It determmed by the Director.

{b) The proposed use represents an increase i_n parking intensity' fc) The exrsting or praposeO use wiH be located ln an extsting structure, and non"bui!dfng areas of the property f'.annot be reconfigured to prowde a!J

ol!he reqUJred off-street parking. ~d) The (hvner andior lessee of the proposed use has exhausted all other rnt>ans 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. The Director may approile on-street parking !o be credited to a use withw the H!O d1slnct.

(2) 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. Intent of Awarding HIO Oist,ct Public Paoong Spaces. (d) ( 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.vailabt ^[1] ity 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 <n me Irani yards. 22.10 Uses of ReqUtred Parl<mg Spaces, Nonresidential Districts Required uff~stre-et parting and loaQing spaces shaf! b-e tJsed only for these respective purposes

and shall not be used for storage m permaner;t display of boats. traHers. campers. motor vehicles or other goods. personal property, marenais or products tor sale *76 22.11 Storm Water ManagEtment Requirements for Parking Lots: FOf uses with mere than one hundred ( 1 00) parking spaces, afl park.mg spa<;es over one hundred (1 00) which are in excess of the minimum number of re-quired parking spaces shall provide an additional landscape area equal to five percent (5%) of the excess parking surface and provide one (1) addltionallre.: per five hunored (500) square feet of landscape area

SECTION 23

SPEC tAL A.VD ADD!TlONAL REGULATfONS 23. 1 Lot Regulabons: (a) Lot Area: The min1mum residentiallol area for the various districts shalt be tn accordance with the regulations for each district except that a lot havmg iess

area than herein required which was an officfa~ "lot of recon:r prior to the adoptiof'l of this ordinance may be used fof a single~ family dv>~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.

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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. 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 (I) 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. 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

(h) 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: the pool is not located in any required front or side yard abutting a street; (1) (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; 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 (3) enclosing wall or fence shall be so designed. that direct rays from the lights shall not ba visible from adjacent properties; 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 (4) 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 *77 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. 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 (c) 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: Earth-tone colored concrete (stain mixed in. not applied after). (1 l (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

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(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: 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

(1) 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 ( 1 92) 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 -&ltuatcd 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 <s Situate-d' within the rear yard (On:i No 22-26. adopted 1!)-9-01. $o"K: 2j SECTION25 RI:SERVED FOR FUTURJLIJSE SECTION 26 RESERVED FOR FUTURE US.'; Editor's note-- *78 S.<"Cl>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;"<ation lo lhe- City is p-ending before the City Council unless and until such annexation shaH have been approved by the City C ovnd. 27 3 In the event !he P!annmg and Zoning Commission holds a hearing on proposed annexation, rt may. at iis diS<:retion. hold a contemporaneous hearing upon t~e permanent zoning that is to be applied to the area or tract to be annexed< TI1e Commtssion may make- a recommend-alton on both matters to the City Council and the City Council may, at its discretion, act contemporaneously on the matters of permanent 1:0ning and annexation.

SECTION 27·-A

i.ANDSCAPE REGULATION$ AND TREE PRESERVATION A General ProYisions. 1. Purpose. Establish rules and regulations governing. the protecti0:1 end prese1vation of desired natlve or estabhshed trees wilhin Melissa {a) (b) Encourage the prote-ci1on of heatthy and desirable trees anti provide for the repfac.emenl and/or replanting of traes that are necessarily removed dudng

con~truction, develoornent or redevelopment. (c) Provtde- for ttta prese:IVation and protection of desired larger native or established tree-s, which provide a valuable amoody to the urban environment and \vhich. once destroyed. can onty be replaced after generations. if at all Provide for shade, windbreaks, beauty and the cooling of air. (tl) Provide for open space and more efficient drainage of land, lhe-rety, reducing the effe-cts of soH eros1on and 1he ne-ed for additional drainage facilities fe} ~n Prevent the c.lear~etitting of land containing lrees of six (fi) inches ca!ip~r or larger. The We-gal cutting of each tree six (6-) inches ca~iper or larger shall

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2. Delimtions "Ril'$1denbal Use or Distncr shall mean SF-1. SF-2, SF-3 Single Family Res•dentiai O!Siricts, MF Multi Fa'l'lay Dwell!ng DJsl•icts and MH Manufactured (a) Horne Par!< Oistncts 'Non-Residential Use or Districts• shall mean C-1 and C-2 Commerctal Distrtcts, 1-1 andl-2 Industria! Disl!icts. {b) (c) "PD Planned Development Otstricts', "Piannf'd De>·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)<b), (c). (d) and (e) below ( 1) Lanascaping a1ung s:reet rignts-of-way. (2) Interior parking lot landscaping; (3} Landscapmg !or corner lots and (4) Landscaping/screening for park1ng lots adjacent to residential areas fn the -event tha1 the tota!Jandsc.ape area provided. per the requirements of paragraphs (8}( 1 )(b), (C}. {d} ana (e}. 1s less than ten pOJ percent of Hle pavt!ment area of the site. addiliooal landscaping shall be provided to meet !he len (1 0) percent requirement. Example' 1. II (8)(i)(a)i1 \--(4) abo~e equal fifleen (15) percent of pavement. then reqwrement fo; ten ( 10) percent of pavement ;s satisfied. •· II (B)( 1 ){a)( 1 j--(4) above egual eight (8) percent of pavement. then acdrt>0Mllandsc.aping 1s required to equal ten ( 1 0) 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< *79 (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,

parl<!ng spaces and all inletior dnveways and aisles. except those wilh no par!<~ng spaces located on either side landscaped areas outside of tlle paf!•ang !ot may not be used to meet the intanor fandscaping reqytrement.

(21 Tnere shall be eight (8) square teet of interior landscaping for eac~ parting space (one hundred eighty (180) square teet) or fraction tnereof (3) There shall be a minimum of on'! (1) shade tree l!hree (3) inches caliper mmimum) or an approved orr.amemai tree for evf>ry twenty (20) pari<ng

spaces unless appro•ed by lhe City Council until the Director of Communi~t Development is in place All landscaped areas shaft be protected by a raised SIX·inch concrete curb. Pavement -shall not be placed in doser than the nonnai mature dnp {4) hne of the tree, at time of installation. unless a ctty-approved root barrJer is uht1zed, Vv11ere an el'i:1sting parking area is altered or expanded to Increase the number of spaces to more than !wenty {201< intehor landscaping shall oe (5) provided on: the nev<~ portion of the lot in accordance with the above standards, (6) The requirements listed above shall not apply to structured parking garages. Landscaping For Corn"' Lots. Corner lots a! the inlenrechon of two (2) ma10< or larger thoroughfares shall ccmply with the foliovmlg landscaping (d) requirements in addition to !he required plantings for the landscaped edge and tnlerior parkrng lot landscaping: (1) /'. minimum fifteen-loot wide landscaped edge shaH be located along tile street righi·Of·way begmning at the comer and extending oM hundred

seventy.five (175) feel or to ltle closest driveway. Beyond this point, the landscaped edge may be gradually reduced (over a d1stance of twenty· nve (25) feel (O !en (10) feet in Width. \/'/here the City Council {until the Communily Development Department has boon established) deterrnilles !here is a need for a ri9ht-turn lane at

(2) a locat1on. the fandscaped edge may be reduced to a minimum of sfwen and one~half (7:.-1) feet (Se-e Thoroughfare Design Standards 1n the Subdivtsion Ordi~ance. as i1 exits or may be amended)

PI A minimum landscaped area of approxJmately mne hundred (1100) square feet shall be located at the •ntersecticn comer of the lot. This landscaped area shall be provided within the area measured a minimum distance of forty {40) feet !rom the projected comer ol the intersection on both sides of the lot. No trees may be planted m this area.

Landsc..'I!Jing/Screening lor Part<ing Lots Adjacent !o Residential Areas Where pall<:>nQ is wi!hm fifty (50) feel ,,f residentially zoned property and is not (e) 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:

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1 he requ1re<! shrubs shall create a minimum forty¥two~ind1 h1gh screen at time of installation (1) {2) Drough1 and freeze-resistant shrubs shall be used, including but not limited to

Burford rlol!y Chinese HOlly Eleagnus Juniper (several varieties) Nelfie R. Stevens Wax Myrtles Yaupon Holly Othar planls may be used witll Melissa staff approval.

(f) All matenars rnus1 meet the American Association of Nurseryman Inc 'American S1andard for Nursery Stock" (latest edition). 2. Multi-Family Districts. (ai A :andstaped e•ige s.hall he provided adjacent tu all streets. The iandscaped edge shan De a mimmum width of ten \10) feet, €XClusive af saee! rights of-way. VV!trnn tt)e landscaped edge. one {1) shade tree. tt1r.;:,e (3) inches callper. shall be planted per five hunored (5DO) square feet ot landsr-..aped edge The number of required trees shall be caicularW so!.ely en !he> 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•><l rt necessary Tne berm must be forty-two 142) inches above !he average grade of the street and parking lot curbs. The slope of !he berm shall no! exceed a :Ito 1 grade The applicant is also encouraged to plant a vanety ot ornamenla! trees and seasonal color rn actdit1on to the reqwred plantings Any permanent surface

(c) not occu;:ued by trees, shrubs, planting be-cts, s1gns or other permitted !extures shall be planted wrth turf or other livmg ground cover. {d) lf the parkmg lot IS located frfty (50} feet or more from the street fight·of-way !me. no shrubs or berms o,vil! be required ur,!ess requifed for a ne-Rd!ight scren. (e) The required witlth of lands-caped edge m~ oe reduced dunng ptan review when public- impm'.>ement!l are necessary Parl<rng ar""' sr,a:l be landscaped •n add:tion to !he reouited iandsca;:>ed edge E1gt>t (8) square feet of lanascap1ng fur eacr, pa1king spHce shail be (f)

prov:ded within the paved boundaries, induding one ( n 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 pr<M<led. {i} AU watenals musi mf"et the Amer-ican Asso:;~a11on of Nurseryman, !rrc. "Amencan Standard for Nursery Sir;ck" Halest edit1nni 3 Single Famly ResidMfr31 Dis/nets. MH and Duplexes Any development lilat has 11.9 units pet acre or less shall fall und~r this classifcation. Any area within a planntX1 development d1stnct containing landscapmg standards shaH be regulaled by the mure restnctlve standards. ResJdentJOi iots 10 a!! zonmg districts shall have a m1mmum of f,fty (50) percent of the requlfed front yard and required Side yard adjacent to a side s'Teel devote<~ to landscaping. A rthmmum of two {2} 1ree-s (three {3) inches ca!:per mintmum} or approved ornamen:a! trees, either exrshng or plante-d, IS required in the combined front {a)

yar-d and skil-"! yard adfaccnt to a side street tor each dweHing unit (bj Aii requrred trees must M planted prior to roouest for final bu•lding r~soecti"n of the tlwellmg unrt PlanUng of ~ther landscape malenals mBy be deferred, however. up to one hundred ~ighty { 1 80} days in case or mcompat1D!e climatiC cond!tions !n this case. a conditiorla! .. Certificate of OcCiJpancy· may. tn Melissa's sole discretton. be 1ssued.

(C) AH roa!eriafs must meet the American Assoct3110rl of Nurseryman. Inc. "American Standard for Nursery Stock" natest edition)_ {d) Landscapmg •n htmnony with the surro~mdmg area adequate to "nlOHTlfZf the VlSua: monr;tC-n) and barrenness shaH be provided 1n the form cf at leas:

three ~3) five.,gaHon or stx (6) three-galion shrub!\. ie) Turf. Sod or Ground Cover (living. growing ma1eriai). not to exceed f'.Hei\Je ('12) inches 1n he1ght, Yihich n1ny b~ combined v1Hh aesthetic xenscape tand.s<:;ap~ng ·~vhrch prevents SOil eroston, shall be provided. (f) Shruts used fr. i8J1dscaplng- shaft be in harmony wlth the surrounding area 4 Non-resider./ial. SF, duplex. NIH and MF distncts withm PDs are subject 10 the respective restnctions described above. C. Landscape Mamte,.ance Requiremer.ts. The foHowing requ:rernents are mtended for au Single-Family, Mu!li-Family. Commerc:al and lndustnal 0;s1rlcts. These *80 requirements alsD apply for those areas which have a PO prefix and have an aforementioned zoning .MI plant matenals shall be maintained: H1 a healthy and growing cond•lion ar,d must be replaced with p!ant material of sim1~ar variety and SJZe if damaged. 1.

destroyed Of removed landsr...aped areas shall be kept fr~e of !rash, litter, weeds and other such materials or plants not a part of the landscaping. 2. 3 An automatic imgation system must be installed m au required landscaped areas in commercia! propert1es along thc-roughfare-s. ,A,ny pe--son deve!oper o'!: entity rlesinng to rnstaH and mainta1r. landscaping ;T:3tenals ami irrigation facil~hes witbn l~e dty nght-ar-way must first ente;-- into and 4.

execute a ~t.,..'iedJan Right·of-IIVay Landscape and Irrigation Agreement." 5 Land-scape plans shalf be submitted reviewed and approved by Meiissa for entrywavs to res1der:t1a! subdivtsior:s or con:tnercia~ properties wtthin city nght.s-of way. T!1is reqwrement also applies to amenity features witrun city rights.of"way. Diameters of existing tmes are measured at lour i4) feet abOve grade. If the tree is on a slope, measure hom the high srde or the slope In addillon. :neasure 6, above unusual swells in the trunk. (a) To determine !he <liameter of a multi-trunk tree. measure all the trunks, add the total diameter of !he largest trunk lo one-half (Y,) the diameter of each

addlltcnal ttl..H'lk A mu!ti-!runked tree is differentlated from indrv1dual trees growing from a c.ommon root siodl: if there is a visib-IA connection bet\veen the trunks above grour:d.

(b) Diameter measurements must be accurate to the nearest one-hall (Iii rndl. ThiS data ;s used in detennina!ion of tree signif:cance and replacement v.r1tue {If necessary}. (c) Trees may be measured witll a caliper, cruise stick, standard tape measure or diameter tape, all of which are available at forestry suppliers Cahpers are accurate, but oifficult to handle. Cn;;se sticks are less accurate. but efficient for quick measurements. Standard tape measures are accurate. but require transpe:sing trom circumference to diamete-r_ Diameter tapes are accurate and nave the advantage of giving readings in d}ameter mches End hc,ck:s and auroma!Jc recoiling on some models pre vide maxmtUm efficlf.!ncy,

0 Landscape/lmgalion Plans 1 landscape and 1rngation plans shal! be submitted with at! nonresidential. mu-lti-famlty and rettrement housing development submissions. landscap€/lrrigaUon plans ":lh::ttl ensurf' prop.e-r lOCation of vegeta!ioo wtH11n pubh-c IightsHof-way, preserve vis:blllty triangles, mafnta!n ihe O\.'era!! in!egr:t~· and mlent at livmg screen.!; and promote ornamental pfant!ng within Melissa.

2 Subm:ssioc of landscapelnigation plans rar areas which indude public rights-of-way, parks and grcBnbelts sllali iJe made to the City Council until ine :o!row.ng Departments are in plaee: Department of Community Development for review by Community tJevelopment. Pub!lc Works and Parks and Recreation. All other submissmns shall be made to the City Council until the Community Development. Public Works and Parks and Recreation Departments are in place. The applicant sna!l be provided a landscape revie-w chec!dh,t. Melissa staff shall evaluate the appropualeness of landscape and 1rngahon plans and may approve them or approve them subject :c stipulations.

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Municode Page 44 of62 3 landscape and 1rrtgation "As Built" plans shall be submrtted lo Melissa for areas whid1 1ncluoe public nghls-of-way. parl<s and greenbelts drawn to a suilable scale before a ''Certificate of Occupancy• is issued. Landscape Buffers There shall be a lwenty-five-foot roo! irrigated landscape buffer immediately adJacent lo U.S 75 SH 12i and SH 5 m which no building, structure E. or parl<ing shall be permilled. F Tree Preservation end Protection The purpose of the following paragraphs 1S lo establish incentives for the preservation of ex1stmg, healihy and protected trees within Melissa and to provide 1 guidelines lot the protection of trees. 2 Aopficabliity, The terms and provr.>ions 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) AJl property to be developed and redeveloped, Including wilhout timilation. any addttions or al!erahons. it the responsibt!ity of th~:- developer or owner. {b) !c) Streets in resident<al de..,elopments, including, without lirnttation. associated landscaping. are the responsibility of the deve1oper until accepted by

Mehssa or a propert)' and/or home owners associ;;;~tioo. 3. Prelimmary Development Plans A general survey of natural vegetation showing tree groupings and anticipated tree los•es shall be submitted with ali preliminary slte plans 4. Final Development Plans. The landscape pfao that is reqwred with site plans and preliminary plat submissions shall also inctude tne approximate location, size {caliper and netght). condition and common name of each tree to be preserved if the applicant 1S requesting tree credits 5. 1 ree Preservation Credris For every healthy protected tree (six (6) rnches caliper or larger) located outside of the •1ood p:arn lhatrs preserved. the developm shall be gJven credit. according to tile foJ!owing chart Vv'hen fnterior parl;·fng to~ tam1scaping is also required, on!v those trees presef',;ed in the parking area shall be considere<l for credit tor the parking area. according to the follov~ng· Trees six (6) in-chec to 1\veive- { 12) inches cab per One ( 1) inch credi1 for each one (1) inch pre-served (a)

Tre:·es twefve and one-!enths (12.1) inches to twenty~ four {24) inches caliper one and one·haH o·lin Inches cred1t for each one (1) inch preserved.

(D)

(cl Trees over twenty.four {24) inches caliper: Two (.2:) 1ncnes credit for each one {1) inch preserved

6 On!y trees having been protected in act."'rdance wtth the gu,QeiJnes for tree protection (See paragraph (F)( 13) below) shall be cons1dered for credit No locus horse apple or similar tree shalt be preserved for credit Tree credit-s may be ap-pfied ai a maximum rate of one·!h1n1 {1!3) for res:dential and one-half(%} for non~resH:temia:! toward iandscape andfor tree replacement 7. 8 Healthy unprote::~ed trees. over twelve (12) mctws m S1ze. l~Jca1ed outsiae- the fiocd plain. may be cons~t~ered for tree cred1ts only when individually field

inspecteo and approved by a ctesignaled represenlative o( Melissa. 9. Oetermmation of credits shaU oe made by the r .. 1elissa engineenng staff untli Community Develc·pment staff JS in place and upon com~:ietion of s;te improvements_ Field conditions may, in Melissa's sole dis-o-ehon, warrant subm1ttal of a revised l.antlscape plan to determine the number of tree credits. ReVIew mt'-1y include, but not be limited to. a f1eid inspection ol the site~ and. the plan may be f€ferrect ~o other departments or consuttants tor review an\l rerommendation(s).

10 Certain nattve and n-on~nahve tr-ees are consider-ed unprotected and will be considered exempt from the requireme-nts of !his Ordinance. except !hat a Tree Removai Pennit. reqtmect tiereJn, must be issued pnor lo removaL 1 he fa»owlng are conSidered unprotee!ed tre€'s: nzon.3 Ash ·----fF:'-r-"'an 7 x'-"m~us~ve<=,u:;n:;.n;!!a ____________________________ 4 OlS 0' Ar< O·~ativei ,1.,.-\Jdura p.omifera on.g-_y locust tNatJVt'l .J-h:•Oitsia tnaranth<Y\ ombard Pootar orus a!OO ifx.orian E\m Utmu~ oumila cer saccharinum liver Mapte ;ycamore

[Thu1a ohcat.a Prosoois oub~c!N15 E-5_;;].r:te *81 11 Other ~<gnific.antly-sized. unprotected trees will be considered for tree credits ThesH trees rnust be located outsid~.: {.,_f the floodplain. be over twelvB 02) inches calipe-r u1 su:e and be indiVtf.:!ually field inspected by a designated representative of , .. 1elissa. 12< New and Unfisted Unprote!;ted Trees. It is recogmzed !hat other unprotected natJ\>'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 I e) Major changes of gra<le one ( 1 ) in ell or oreater wm require additional measures to maintain proper oxygen and water exchange with the roots. Wth

major gmde changes, a retaining waU or tre.: weH of rock or brick mus1 be constructed around the tree no clo-ser than one-half{%) the distance between the trunk and the normal mature drip line, The lop of ihe retalning wall must be constmcted a! !he new grade. Grade changes one (1) inch or greater may be made with Me!issa staff approval if a patio. sidewalk. drlvs or p-arking lot must be pfaced within the normal mature drip line ol an existmg tr-ee. n-;atHrial.such as porous (turf) pavement

(f) til at 'Nill allow the passage of waler and o>ygen must be used. http:i /1 i brary .municode. com/print.aspx?h""&c lient TO== 13 54 3 &F!.TMRequest=http%3a%>2f% ... 1/6/2014

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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. (g) 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<lw and aoproval.

14. The firs! flOor of parlung garages is the only area that should be used to determine landscaping requirements as estaofislled herein. !5. No tree six {6) inches caliper or larger shall be cut down without obta1mng a Tree Removal Permit as reqwred herein.

G. Tree Fiemoval PerrrJts. L Trees three (3) inch?S c.aliper or greater shall not be remo\led without issuance of a Tree Removal Permit The City .Administrator, or hislher designee. must approve the removal thereof. A no-fee perm>! 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 remove<J witt be subject to the guide1in.es anrl requirements of this Ordmance 3 Application for Tree Removal Permit Tree Removal Penn,ts for the removal of trees shall be obtained by mak•ns applicat•on to Melissa. on a form pro\llded by Melissa. and shall be sub.iecllo the following procedures: (a) Rev1ew of Application for Tree Removal Permrt Upon receipt of a proper apphca!lon for a Tree Removal Perrrut accompanied by an administrative fee

of twenty-five dOllars 1$25.00) per pennit aoplication (unless exempt trom the fee). the Cily Admintstrator, or h•sJ~,er desrgnee. shall rev•ew the .application and may c.m,duc! field inspections of the development and!or refer the perrn1t application to other depBrtments for review .and recommendation(s). as deemea necessary and appropnate solely by the City Admtn>strator. 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 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: 3 (a) Trees twen!y-bJr (24) inches caliper or greater-One hundred {100) percent replacement required. *82 (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-<ange 30--60 Feet Ul.rnus americana meria:n £!m a>:ochum dtS-tirum aid Cvor"'' urOak uercll!. macrocarua ,edar em Ulmus cras:sifoh<l IPistada. chinesis hlne'ie Ptsracke louercus mUE.oflienber:g!l hinouaoin Oal<

astern Red Cedar uniPffU~ vlrglnlana reen Ash ~"Marshall Seedless" ·reeo Ash Cultivare SSP. acebali< \Drake) Elm e" a '"" Oa~. <><:an lstacttio ~'="' edOa!< humard Of Texas Red Gak weet Gum Uil Wiest em Soogber!)' lsaoindus drunlrnop{jji The fo!!O'Ning ornamt:nta! trees. with Melissa staff approval, may be substituted for the required shade trees. These ornamental trees shaif have a minimum

2 caliper of mree (3) inches. Accent (Omarnertali Trees: Height Range 10-20 Feel http:/ /library. municode.com/print.aspx ?h=&c 1 ientiD= 13 54 3&HTMRequest=http%3a~lo2f'%._, l/6/2014

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------------------------------ rap<' Myrtle ager>troemia indica Qedduoos Hotly_ esert WiHow hHoosts hnearts iPyrus c.a-Hervana "Bradford ... "Capital··, 'AnstocraC loweeing Pear Pinus thunberl!fl e:dcan Bucke>1e exlcan Plum runi!S mexicana urplP. P1um ?runus cerasifera edbu<l erds canadensis exas SoQhora ~ophora aflinis ~il¥. Mvrtte ~y•ica cerifera 'at!pon HoHv lex vomitaria K. Installation Practices (for areas to be dedicated to Melissa). 1. Grading AJt areas recewing new 1wt or sod shall be fine graded. ehmmat1ng all rocxs and debns larger than one '· 11 inch m d10.me~er. ~f necessar)', tJSe additional fertile SOil !or t"P dressing to promote healthy growtfl and positive drainage 2. Bed Preparation. Alii:Je<ls shall be prepped with at leas! lour (4) inches of amended or new soil. The beds must be cnr·omed or sloped to create positiVe dramage. The beds shall be topped with two (2) inches ot w<.>ed 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~:??<J5 Stlc 2;

SECTION 28

CLASSIF!f~"!TION OF NEW AND UNLISTED USES 28.1 It is recognized that new t}tpes of land use witt develop and forms ot J.and use not antietpated may seek to locate m the city. In nrder to provide for sudl changes and contmgenctes, a determination as to tPe appropnate ctassific.ation of any new or untJsted fotm o! land use shall be made as fo!!ows · (a) The Building Inspector shall refer the question coneeming any new or unlisted use to !he Planning and Zoning CommissiOn requesbng an interpretation as to the zorung dassificatJ:on mto whteh such us€ should ba ptaced. The ref~;rrat ot the us.e Jnterp.retatwn questtrJn shail be '3ccompani-t:d by a statemem of fttcrs lisnng the nature 01 the us., and whether it involves dWelling activity. sales. processmg, type of prod"ct. storage and amount. and nature thereof. endosed or open storage, antic1petect empl-oyment, transportation reqmrernents. the amount of llOISe. odor. fumes. dust. toxic matenal and vibration !Jkely to be g-eners!ed and the general reqwrements for publtc utittbes such as water ano sanitat)' sewer. The Pianmng and Zoning Commission shalf cons1der the nature and described perfonnance or ~he proposed use- and its compa!ibillty wolh the: uses permitted

(bj in the YariotJs distncts. and determfne the zoning dlstfict or dist!ids within which such use showd be pe-rmitted tc) The Planntng and Zoning Commtssion shan transmit Hs findings and recommendations to the City Coufltil as to Hm dasslficanon proposed for any new or unlisted use. The City CcH.md! shatl by resofutlon approve the recommendation of the Pfenning and Zoning Comr'fliSSiOn or make sud1 determinatJon concerning lhe classificat.on of such use as ts determined appropriate based upon its findings Standards !or ne--t an<! unlisted uses may be interpreted es those of a similar use V'lhen determina!lon of the mmimum requiremen1s cannot be readily

(d) ascertatned. the same pror-.ess outliner! in paragraphs fa~. {b). and tel above shaH be foHcwed

SECTION 29

f!!...f,BIJON OF BUILDffiG §JLE;; 29 i No permit for the constructton of a building or buiidmgs upon any tract or plot shatl be Issued ur::ti! a bt.~ild1ng site. buUding tract, or bwtding lot has been created *83 by compliance with one of the following condlt1ons (a) The lot or tract if part of a >>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 th<s ordinance or prior to annexalton to the ci!y

vvh1chever 1s applicable, in which event a budding permtl for only one mam bwldtng contomung to ali the reqUirements of tht~ ordinanc~ may be issued an each such anginal separately twmed parcel without first compty109 wilh paragraph (a) preceding The pfot or tract is all or part of a s1te plan off;CJally approved by the Cit, Counetl and ccmphance has been made with prov1sions and improvements approv~d

(C/ on sucn site plan toraH 1.oti%:ty and drainage easemants. dedication of streets, a!leys and other public 1mprovemems required to meet the standards established fer the plamng o11ann_ An:f' and an pmts. tract or Jots must be pro\llded access 11fa a pubhc street or drive.

SECTION 30

NONCONFORMING USES AND STRUCTUIJ£2 30.1 Intent of Provisions: (a) Existence of Nonconformilies. The purpose of this Section 30 is to establish provisions for the allowance and pc!~>n!ial alteration of uses. lots and/or slroctures which do not conform

(1) 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 NonC{lnformings!ructures as described l!l Subsection 30.2(al(1) (legal Nonconformmg). For example. a nonconforming structure can be (ii) 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)

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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. 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

(2) 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. Prohibited Expansion or Reoccupalion. A nonconforming use or structure shall not be expanded, reoccupied w~h another nonconform1ng use or increased as

(b) 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 *84 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. 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 (2)

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. 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 (c) 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. 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 (a)

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.

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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. 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 (b)

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

advll<Se eff~?CI oo nearoy properlies, it shall schedule a second public heanng to establish a compliance date for the nonconformmg use; otherwise. it sha!: not !n1eterrninmg whether the continued will hove an adverse '3ffed vn nearby propert1es, lhe City Council shalt ;:onsider the following factors (A) The char<P:ter ol the surrounding netghborhood 18) The degree of incompatiblfity of the use to the zoning dtstric1ln Ythtch it IS located {C) The manner in which the use ;s being conducted. \D) The hours of operation of the use. (E) The extent to which continued operation of !he use may threaten public health or safety (F) The envimomental impact of !i1e use's operations. mcluding bur not limilea to the impacts of nois$, glare. oust and ooor. (G) The extent to which pt~blic disturbances and nuisances may be created or perpetuated by conMued operalioo of me use. (H) The extent to wh•ch traffic or parkmg problems may be created or perpetuated b~ conlinced ope: otion of the use (I) Any other factors relevant to the 1ssue or whether contmuerl operation of the use will adversefy affect nearby propertie:.; (J) Notwn:hstandfng anything to the contrary her-e1n, the City Counol cannot amotilze a use describeC m Subsection 6 2ta} {Temporary Zoning

A11nexed Terntoryl (2) Second Public Hearing. II the c;ty CouC<;>I has deterrruned al the firs! public hearing lhallhe nonco~fonnmg use will havE an adverse effect on nearby properties.'' <hall (A) hofd a sec,.ond pubfic hearing to establish a comptiance date for the nonconform,ng use under a plan whereby the owners actual mvestment 1n the use berore the tiMe that the use became nonconforming: can be amortiled w1thin a definite time penod The followlfig factors must be considered by the City Councd in determming a reasonable amortization peno<1: {i) The owner's capital Investment in structures. fixed equipment and other assets (excluding inventory and other assets !hal may be reasobly

transferred tc anorher S1!e) on the property before the l!me !he use became- m.}ocQnforrn!ng {ii) Any costs that are dire<:lly attnbutable to the establishment of a compliance dale. <ncludmg olemoli!wn expenses relocation expenses !erm:natJOn of leases and discharge ot mortgages (ih} Any retum on investment since inception ot 1he use. inc!uaing net income and depredation. nv) The ant!dpated annual rer..overy of mvestment. indudmg net income and depreoation A r-easonabty wind~up penod tor the nonconforming use (Y"l

\8) If the City CounciL at the first public heanng, requests financial documentatton and/or recCh'"Us from the owner refatmg to the factors listed directly a.oove, the ()wner shall prov1d~ sanj documents and/or records at least thirty (30) days before: the second public he-anng If the owner does no! provjde s.;rnd documentation and!or reeords, the City Council is authonzt..>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€-

*85 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 sdoote<J 2·12·13. Sec 3!

SECTION 3!

RVLES QU;_ONSTRtJCTIQN AND GENERAL D£FINIT/QNS 31.1 General Rules or Ccns/nlcbon: The following rules of consti\Jction shall apply to the interpretation of words used in thts ordinance: (1) Words use1 in the pre~enl tense >nclude 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

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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<gn, device or structure o! any character whatsoever. Including a statuary or place for outdoor ad"ertising pu'IJOses on the ground or any tree. wan. bush, rod<, pc~t fence. buildmg nr structure. The term placed shall include erectrng, constructrng. posting, pa1nting, pnnting, tackmg, mailing, llluing, s!icl<mg, carv10g or othe!Wise fastenong. affixing or makin(l visible in any manner whatsoever. Neither dirnctionsl. warning nor other signs postoo by public officials in tile course of their public shall be ronstrued as advertiSIIliJ signs lor the purpose of this Ordinance. (See.M!f.\l:!.JJ_()_QO (Siqn Regulations) of the Melissa Code of Ordinances for further details.)

Agricultural Use. ,A, use that consist of the growing of crops mainly for food and fiber, or the- keeping, grazing. breeding or feeding ct· animals for the products they produce or for eventual sale_ Airport/Heliport. A. place where aircraft and/or helicopters can land and take oN, usuafly eqtJipped wiU1 hangars. facilities for refueling and repBir and variOlJS accommodatfons for passengers Alcoholic Beverage Means al,:ohoL or any beverage containFlg more than one+half (~'l) of one percent {il?iJ} or alcohol by vdurr;e, wh:ch is capable of use for beverage purposes. e1tiler alone or dolul€d, as defined by U1e TEX. ALC BEY CODE. as amended. Alcoholic Beverage Establishment. ,A.ny estabhshment that derives seventy·fi\le percent (75%) or more of its gros.s revenues on a quarterty basis from the· sale or service of atcohohc beverages. as defined by the TEX. ALC. BEV. CODE, as amend~. for on-pmmises consumption Alcoholic Beverage Sales Any establishment. place ofbusme~s or person engaged in the selling of alcoholic beverages, as defined by the TEX ALC BEV. CODE. as amended, to the general pt..~bik,: for off-premtses personal or household consumption. Alley A minor righi-of~way. dedicated to public use. which .affords a secondary means of vehicular access to the back or side of pn;perties mhetwise at)u1tii19 a :street, and whtcti may be use(j for putlllc utHity purposf'JS Alternative Financial Services_ The transmission of money or f110rtetary value through money transmissi.oft Thts definition spec,fica!ly- excludes the cashtng of checks the making of payday loa11s or <:rnfern:d presentment transactions and rnctor vehicle/auto title/car litie/tiUe toan busmesses. purchases from patro;,s seWng goods er sennces such as. among other til;ngs, me buying anct setlmg cf pr€aous metals and/or or any other consumab}e or non-cor.Slimdb!e products, goods or services. lhis definition also excludes financial institutions cashing checks soie!y engaged in the business of banking.

Amenity Center A (ecreahonat facility. induding, but not timited to, clubhouse. sw1mmmg pool, pfaj'- area. operated for the exclusive use of private ;esidents or ne1ghborhooo groups and the~r guests. and not !he general pt<blic. Antenna. Jln instrument or devk:e consisting of wires. poles. rods, or reflecting discs. designed for transm1tting or recehring any portKm of th-e radio. m1crowave, cr electromagnetic spectrum Antenna. Stealth. A Stealth Antenna is a commerdaJ antenna thai is designed to be non~obtrusive. or vniually transparent or ~nvisible to tim surrounding neighborhood. Stealth Antennas include, but are not Hnuted to: (A} Antennas within a bti:fd:ng's att1c space. (8) /".Jltennas on the rvof o1 a mimmum three~story bulfding ~nd not V1Sible from the. property fine of the !o! on which lhe antenna !S !orAted (CI Antennas on a public uuHty structure, sucti as a water tower or fllgh transmiSSfOfl iine suppor1 t-0\ver. and painted to mat::.n the structure. {0) Antennas iocated wiihm a strJCture such as a flagprne_ church steeple. subdivision monument clock tower, or similar architectural feature, anC antennas

located 011 an athletic fiai<J lighi pole. *86 Antenna and/or Antenna Svpport Stn.ICfvre. Commerr:iat M antenna and Its support strue-ture used for commerc1ai brtradcasbng or tetecommunica!'!vn purpost·s. Thts: defimtion shall also indude a sate!Jite c!f.stl e;Keeding twelve (i2l feet in diame(er and a mg::.rowave"transrrutting tower. PJl radiating equipment mtJsl ccmpty w;tll Federal Communt~tions Commission r.FCC). Env1ronmeotat Prctect1on ;.,gency (EPA}. Occupational HeaHh and Safety Administration {OSHAt and an othe; apphcab)e State ana Federal re{lul.a:ory agem .. "'f requirements and guidelines for human safety, as ame-nded, Thrs deftniho-n indllde~ ancillary gmund equipment

Antenna and/or Antenna Support Structure. Non·Commercial An im:troment or devtce comAsting of wire:s. poles~ rods, or reflecting chs;;s and its support structure not exceedmg forty (40} feet in height abD'Ve- the ground e!evatmn at the base of the suppoft structure, destg:ne~1 for transmitting or receivmg any portion of 1he radic microwave or electromagnetic spectrum. Th1s definition shall also include a satellite dish antenna not to exceed twelve (12) feel in diameter.

Antenna Support Structure. My Hh.'f'e:r, mast. pole, tripo-d, box frame, or other structure utilized for the purpose of transmis.s1on. retransmission andior recep!ion of etectromagnetlc, radio. television or micn:r.r.,.ave signals. Antique Shop A retail e-s~abH"ihrm:nt engaged 1n t,r,e seiling of works of art. hJrnitur~, or ·:tther artifacts of an eartier period: with .an sales and storage occurring inside a building. Apartment /J.. f<)Om or suiie of rooms in a rnultifamify residence 3ITW1fled, des1gne•d. or occupit:d as a place of residenc1; by a single tar.1ily in::hvidua1 or gro:..:p ot· im::!JvlctuaJs Appfic,snt .A.ny person or entit::t that 5.ubrnits lo the City an application tor a permit required by the City for a Project. To be qualified as an applicant under this Ord~nance. the person cr entity mLr5! have sufficient legal authority or proprietary interests in the land to commence and maintain proceedings u;;cter thiS Ordtnance. Tne tenn shail be restricted to indude oniy the property owner(s.). or a duly authorized agent and repre-sentahve of !he property owner

Appficaticn for a Permit Any document filed with the City that cJ.earty indicates that the applicant is se-ekmg consideratior; for a perm1t. th€ !yoe of permit sought and provides the City with fair notice of the project, and when used in tll1s Comprehensive Zoning Ordinance. shallifldude a plan lor development of real property or a plan for development, but excluding applications :o establish or amend a zoning district. including b!Jt not Hmited to, a request to establish m amend a PD or to receive or amend a

SUP,

Assisted Living Fao!ity. A fadfity providing residence. supervision and dalty assistance for mdi>.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.s<l mdependenl school distri.ct used for sport1ng events with

a11S0Ciated spectator seating. eil!1<!f permanent <X temporaJY _ Automobile. A set!i)ropelled mechanical vet11cle designed lor use on streets and highways for the conveyance of goods ?md people, inducting. but not limited to, pass-enger cars, rrucks, buses, motor seooters and motorcycles. Automobile Paid ?aF1fing LoVGarage. An area or structure v.;tu;re a fee is charged for parking automobiles and which serves as the primary use on the lot. This use does not indude the storage of gaso!lnfil:. http:/ /library .municode .com/print.aspx?h=&clientiD= 13543& HTMRequest=http%3a%2f~ 1 o ... 1/6/2014

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Municode Page 50 of62 Automobile Parl<ing Lot'Garage l\n area or structure where the parking of automobiles serves as the pn~1ary use on the loL Thrs use does not include !he storage of gasoline. Automobile Repair, Major, General repair or reconditiontng of engines, air~ conditioning systems. and transmissions fef· automobiles, wrecker or towing service ~vtth on-site storage of vehicles: collision services including body. frame. or fender straightening or repair; customizrng: painting. vehicle steam cleanrng: lire retreading: insurance estimations with on-s1te s!orage; und&coating and rust proofing and other Stnllfar uses.

Automobile Repllir, Mirror An establishment used for \he dispensmg or sales of automot>ile 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 *87 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. ~ncludfng outstde 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 operate<!, used by the cu5tomer to wash motorcycles. automobiles and light load vehicles Cemetery or Mausoleum Property used for the interring of the dead Certificate of Occupancy .An official certJficate issued by !he Cily through the Chief SuJicing Officlallha! indkates confomwnce witl1 or approve.d conditional

variations from the zoning regulations and aut'lorizeslegal use of Ule premises for wllich it is issued. http://library.municode.comiprint aspx?h=&clienHD=13543&IIT:rv1Request=:httpg'03a~-o2f~o ... l/6/20 14

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Check(:s). A Check, draft, share draft or other Instrument for the payment of money, or as otherwise amended by the TEX. ADMIN. CODE. Chapter 83. Child-Cam: Foster Family Home (lndependMt}. Pursuant 10 the definition of the Department of Family and Protective Services (DFPS), as amended. a single

independent home that is the primary residence of the foster parents and ~c;ensed to provide care for six (6) or fewer Children up to the age of eighteen ( 18) years. Child-Cam: Foster Group Home (Independent). Pursuant to the definition of the Department of Family and Protective Services (OFPS). as amended, a single Independent home lhal is lha primary residence of the foster parents and Hcensed lo provide care for seven {7) to twelve (12) children up to the age of eighteen (18) years. Child-Care: Licensed Child-Care Center. Pursuant to the definition of the Department of Family and Protective Services (DFPS), as amended, an operation providing care for seven (7) or more Children younger than fourteen (14) years old for less than twenty-four (24) hours per day at a location other than the permn holder's home. Child-Care: Licensed Child-Care Home. Pursuant to the definition of the Department of Family and Protective Services (OFPS), as amended, the primary caregiver provides care in the careg1ver's own residence for children from birth through thirteen (13) years. The total number of children in care varies wnh the ages of the children, but the total number of children in care at any given lime, induding the children related to the caregiver, must not ellceed twelve (12).

Child-Care: Usted Family Home. Pursuant to the definition of the Department of Family and Protective Services (DFPS). as amended, a caregiver at least eighteen ( 18) years old who provides care in her own home for compensatiOn, for three (3) or fewer ch~dren unrelated to the caregiver. ages birth through thirteen (13) years. Regular care is provided. whiCh is care provided for at least four (4) hours a day. three (3) or more days a week. and more than nine (9) consecutive weeks. The total number of children in care. including ch~dren related to the caregiver, may not exceed twelve (12).

Child-Care: Regismred Child-Care Home. Pursuant 10 the definition of the Department of Fam~y and Protective Services (DFPS). as amended, a caregiver who provides regular care in her own home for not more than Six (6) children from birth through thirteen (13) years. Child day-care can be provided for six (6) additional school aged children before and after the customary school day. The Ictal number of children in care at any given time, induding the children related to the caregiver, must not exceed twelve (12).

Church, Temple. Synagogue, Mosque or Other Place of Worship. A building used primarily for religious assembly and worship and those accessory activffies which are customarily associated therewith, and the place of residence for ministers, priests. nuns, rabbis. or other religious personnel on the premises (tax exempt as defined by State law). For the purposes of this Ordinance. Bible study and other similar activities that occur in a person's primary residence shall not apply to this definition.

City. Means the C1ty of Melissa. Texas. City Council The governing body of the City of Melissa. Texas. Civic/Convention Crmter. A b~ding or complex of bu~dings used for cultural. recreational. athletic. convention or entertainment purposes. Clear-Cuffing. Any indiscriminate cutting, plowing. or grubbing of tree(s) without regard to their type or size for the purpose of clearing an area of land of trees. conege. University. Trade or Private Boarrling School. An institution established tor educational purposes offering courses for study beyond the secondary education

level. including trade schools and commercial schools offering training or instruction in a trade. art. or occupation. A boarding school is an educational institution offering primary and secondary level courses. Dormnories for students and employees only are permitted in conjunction wilh these uses.

Commercial Amusement Indoor. An enterprise providing for indoor recreational activities. services. amusements. and instruction for an admission fee. Uses may include, but are not limited to. bowling alleys. ice or roller skating rinks, bingo pertors, amusement arcades, and/or practice areas. *88 Commercial Amusement Outaoor. An enterprise providing for outdoor recreational activities, services. amusements. and instructiOn for an admiSsion lee, induding. but not limited to. batting cages, miniature golf. go-kart tracks and carnivals. Communily Center. A building or portion of a building owned and/or opereted by a government entity or not-for-profit agency in which facilities are provided for civic. educational. political or social purposes. Comprehen:sive Plan. Graphic and textual form policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City Comprehensive Plan shall mean as it exists or may be amended. Concrete/Asphalt Batching Plant Pemtanent A permanent manufacturing facility for the production of concrete or asphalt. Concrete/Asphalt Batching Plant, Temporary. A temporary manufacturing f~ity for the on-site production of concrete or asphalt during construction of a project. and

to be removed when the project is completed. Con:slruclion Yard and Field OffiCII, Tamporery. A building. structure. or storagelassembly yard used in conjunction with a development project for housing temporary supervisory or administrative functiOns related to development construction. or the sale of real estate properties within the development and subject to removal at completion of construction.

Contractor's Shop and/or Sfora~ Yard. A building. part of a building. or land area for the construction or storage (inside or out) of materials, tools. products and vehicle fleets. Convenience Stole with Gas Pumps. A retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumption, as well as the dispensing or sales of motor vehicle fuels, lubricants and accessories, but shall not include automobile repair or the sate of replacement parts. This definition may include the retai establishment offering limited Altemative Financial Services which conSist of less than five percent (5%) of the total square footage of the retail establishment said servioss shall not be the primary purpose and/or existence of the relail establishment.

Convenience Store without Gas Pumps. A retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumptiOn. This definition may lndude the retail estabHshment offertng limited Alternative Financial Services which consist of len than five percent (5%) of the total square footage of the retaff establishment; said services shall not be the pnmary purpose and/or existence of the retaU establishment.

Court. An open. unobstructed space, bounded on more than two sides by the waUs of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one (1) side open to a street. alley. yard or other permanent open space. Covera~. The lot area covered by all structures located thereon. Structures shaU indude main structures and accessory structures with or without a permeable roof. Cutrency. The coin and paper money of the United States or another country that iS designated as legal tender and circulates and is customarily used and accepted

as medium of exchange in the country of issuance, or as otherwise amended by the TEX. FIN. CODE. Chapter 151. Day Services, Adult A facility that provides services under an Adult Day-Care Program on a daily or regular basis, but not overnight to four (4) or more elderly or handicapped persona who - not re1a1ac1 by blood, man!age, or adoption to the owner of the fadllty. Adult Day Senllces Centers (also referred to as Adult Day- Care Centers) must be licensed by the Texas Department of Human Services.

Development. Any manmade change to improved or unimproved real estate, induding but not limited to, buildings and/or other structures, paving, drainage. ulililies. storage. and agricultural activities. http:/ !library .municode.com/print.aspx?h=&clientiD= 13 54 3&HTMRequest=http%3a%2F/o ... 1/6/2014 Page 87 of 98 Municode

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Director. The Director of Development Services, or his/her designee or representative. Disability or Hantkap. With respect to an individual: (A) A physical or mental impairment which substantially limits one (1) or more of such person's major life activities; (B) A record of having such an impairment; or (C) Being reganled as having such an impairmenl. but such term does not inClude current. Hlegal use of or addiction to a controlled substance (as defined in §102

of the Controlled Substances Act, 21 U.S.C. 802. as amended)). Disttict. Any secticln or sections of the City lor which the regulations governing the use of land and the use, density. bulk, height and coverage of buildings and other structures are uniform 101 each class or kind of building therein. Dry Cleaning, Major. An industrial faci!Hy where fabrics are cleaned with substantiaHy non-aqueous organic solvents on a commercial or wholesale basis. Dry Cleaning, Minor. A custom Cleaning shop or pick-up station not exceeding six thousand (6.000) square feet of noor area, inCluding, but not limited to, dry Cleaning

plants having no more than one thousand five hundred (1.500) square feet of floor area lor dry cleaning equipment. Dwelling Size. See Dwelling Unit Area. DweHing Unit Area. Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive of porches, enclosed or open

breezeways, storage area or closets or other non-living space. Easement. A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. Educational Use. A use that provides instruction and training in a wide variety of subjects provided by specialized establishments. such as schools, colleges,

universities and traoning centers. Electrical Power Generating Plant. All equipment, fixtures. and property operated or maintained in connection with the production of electricity and transmission of electricity produced. EqUtpment and Machinery Sales and Rental, Major. A building or open area used for the display. sale. rental. or outdoor storage of heavy equipment and machinery. Equipment and Machinery Sales and Rental, Minor. A building or structure used lor the inside display. sale. rental, or storage of light machinery, oncluding. but not

limited to, bicycles, lawn mowers, tools and other small machinery. Fair No/ice. An application for a permit containing information sufficient for the City to determine: (A) The size. 1111mber. location and shape of all lots involved in the project; (B) The desired zoning distlict and the specific uses aRowed within the zoning district that will be developed on the property as part of the project; (C) The size. 1111mber, location and type of improvements to be made on the property as part of the project; and (0) The streets. alleys, water mains and taps. sanitary sewer mains and taps and storm sewers that will be necessary to adequately serve the property when the

*89 project is complete. Fairgrounds/EKhibilion Area. An area where outdoor fairs. circuses or exhiMions are held. Family. One (1) or more persons related by blood, marriage. or adoption. or a group not to exceed lour (4) persons not all reiated by blood or marriage, adoption or

guardianship, occupying a dweUing unit and living as a single housekeeping unit. Farm, Ranch. Stable, Garden or Orr:hard. An area which is used lor the cultivation of vegetables. fruits. and grain or lor the raising thereon of the usual farm poultry and farm animals such as horses. cattle. and sheep and oncludlng the necessary accessory uses for raising, treating, and storing products raised on the premises. but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Farmer's Marlcet. An area containing individual vendors who offer fruits. vegetables, herbs, spices, edible seeds. nuts. live plants, flowers, and honey lor sale. This definition does not include the sale of any type of meal, fish. poultry. eggs, refrigerated dairy products. or home canned or packaged items. Fire Lane. A Fire Apparatus Access Road aocording to the fore code. as adopted by the City and set forth in Artic;!e 3.100 (Construction Codes) of the Melissa Code of Ordinances. Floodplain. Any pmperty within the limits as delineated by FEMA (Federal Emergency Management Agency) of the 100-year floodplain or as amended by an engineering flood study ot the uHimate developed conditions prior to any reclamation. Floor Area. The tolal gross square feat of noor space within the outside dimensions of a building including each floor level, but excluding carports. residential garages. and breezeways. Floor Atea Ratio (FAR). The ftoor area of a main building or buHdings on a lot. excluding structured parking garages. divided by the lot area. Fraternal Organization. Lodge. Civic Club, Frat.mity or Sorority. An organized group having a restricted membership and specific purpose related to the welfare of

the members including, but not limited to. Elks. Masons, Knights of Columbus. Rotary International. Shriners or a labor union. Furniture Restoration. A workshop that specializes in furniture refinishing, including the use of all materials, tools, and chemicals associated with the use. Garage, Private. AA enClosed (on at least three (3) sides) accessory building. or a part of a main building. used lor storage of automobiles and used solely by the

occupants and their guests. Also called "enclOsed parking space". Garage Apartment A dwelling unit erected in conjunction with a garage when lhe main structure is an owner occupied detached dweNing unit. Gas Pumps (Accessory Use). Any facility, equipment or fiXlure. including a canopy. used lor dispensing motor vehicle fuels as an accessory use of a Big Box Retail

Development. General Manutaclutingllndustrial Use Complying with Petfonnance Standards. Manufacturing of finished products and component products or parts through the processing of materials 01 substances. including baSte industrial processing. Such operations shall be determined by HeaHh, Fire, and Chief Building Official not to be a hazard or nuisance to adjacent property or the community at large. due to the possible emission of excessive smOke. noise. gas. fumes, dust. odor or vibration. or the danger of fire, explosion or radiation.

Glare. Direct fight emitted from a light source, which is suflident to cause annoyance, discomfort or temporary loss of visual performance and visibility. Golf Cour.se and/or Country Club. A land area and buildings used lor golf, including fairways, greens, tee boxes. driving range, puHing green. and associated

maintenance and retail tacifities. This definition shall also include Clubhouses, dining rooms. swimming pools, tennis courts, and similar recreational or service uses available only to memb<n and their guests.

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Municode Page 53 of62 Governmental Office. A building U!H~d fof the provlsmn of govemmentat executive, management. administrative. and/or postai services Governmental offices include those facrlotres owned andlor operated by oiy, special district county. state. and federal agencies. Guest House. An accessory budding used to house guests of lhe owner(s) of the main residenfia! structure. and which is nevt?r rented or offered for rent. Gymnastics/Dane& Studio. A ouiiding: or portion of a bUilding usE>d 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 c<Jndftlons and mcludtng. as an ;niegral part of the institution. relaled facilities such as !.Qborator,es, heh.st;::;ps, outpatient facilities. or tra:ning facilities as licensed by the State of Texas.

Hotel. ,4, building or g(oup of bui!dJngs usea as a temporary ctweWng ptace for indiv10ua!s in exchange tor financial consideration where customary hotel services such as linen. housekeep:ng service. and telephone are provided. Hotel room units are accessetl through doorways into an mtemal hallway, courtyard. or lobby. Financr<ll co'1s!deratior, for Hotel room un1ts 1S. generatty calculated on a night!y basis.

Hous.lJhold Care Facility A dwelling :.mit which provides residence and care to not more than nine (ff) persons. regardless of legal rela1ior,shio. who are e!derly: dnsabled: orphaned. abamir.med. abused or neglected chtldren; victims of domestic violence· coova!escmg from illness. tenmna!!.,J 1!!, or rendered temporarily homeiess Cfue to fire. natural disaster 0!' financial setba\...ks, living: logether w-Hh not more !han two (2) supen;Jsory personnel as a single housekeeping unit. Where applicable. a housetmtd ::are fac.lity shall have appropriate Hcensrng and/or regtstration try the State of Texas

*90 Incidental Use. P..ny use different from the primary use but which complements andfor su~plements the primary use. lncl\iental s;-,a!! rrean an area that constitutes not more than fifteen percent \15%) of the mam use. An incidental use 1s also an accessory use. Indoor Gun or Art:hery Range (Commercial amusement~ indoor). Any indoor fncility open to the publ1c and occupying a!! or a portion of a building where firearms and/or archery are di$chargc....Q for testing or recreation purposes !ncfustrial Parle A farge tract of tand that has been planned. developed and opr.:rated as an integrated 1adtity 1or a number of individual industrial uses.. wlth special a!tenilon to circulation. parking, utility needs. aesthetics and compatibthfy mfifi Development The development of structures '..vithin previOusly developed areas wtHch utilize the e:c.isring tnfrastructur~ Jnstitutionaf Use. A use tt1at prov1des health. social, or community ser..1ces, including uses such as hospitals, churches, public re.:reational cer1ters or rehabiiJtation

care tadlities trrigaror. A person who hoids a license to practice irrigattOn in the St.ete of Texas iSWM. The mtegra!ed Storm Water Management (iSVVM) program, a site development design manual developed by the North Central Texas Gouncil of

Gover;~ments (NCTCOG) Kennel. ,4, use primarily engaged in providmg pet care services {el.tcept veterinary) for iour ~4) or more anm1ats. such as b~ardtng gmom'mg. sitting ar~d tram1ng pe!s Lsndfif!. !4.. tract of !and use\:~ for the: burial of farm. residential. insti!ulional. industrial, or commercial waste that is not hazardous. medical or radioactive Landscape Arcltite-ct. A person whc. hotds a license to practice landscape arcJ'1ltecture in the State of Texas_ Landscaping Materia: such as. but not limited to, grass, grounocovers. shrubs. vtnes, hedges, trees and non+livin.g durable materia! commonty used in landscaping,

such as. but not limited lo, rocks, pebbtes. sand, wafts or fences, but ex:ciucting paving Laundromat. A tacili!y where patrons wash. dry or dry-clean clothmg and other fabtics in mach ones operated by the patrorL Ught Load Vehicles. A self.propeliec1 vehicle having a Manufacturer's RecommeMed Gross Vehre!e Weoght (GW.~ nol greater than eleven thousand (11 .000)

pounds. and having no mote than two (2) axles. such a!! pick-up trucks. vans. recreational vehicles (less than thirty-two (32) feel in lengli'l). campers and other similar vthtcles. bu! not including automobiles and motorcycles.

Ltmtted Assemb!y and Manufacturing Use Complying with Performance Standards. The fabrlca!ion. assemb{J', manufacturing. and packagirg oftimshed products or parts, predominantly from previously prepared materials, but excfudtng basic industria! processing. Such operations shall be deternuned by health. fire and building officials nnt to be a hazard or nuisance to adjacent property or the community at large. due to the possible emisston of excessf11e smoke. noise. gas. fumes. dust. odo; or vibration or the danger of fire. explosion or radiation

Loading Space. An off-street space or berth used for the delivery and loading or unloading of vehicles. Locksmirh!Security System Company. Establishments primarily engaged in provoding. installing. repauing, andior monitoring locks and electrcmc securily systems Lot. Any plot of land occupied or intended to be occupied by one (1) main building and the required parl<ing, or a group at <nain buildings. and accessory building and

uses, inducting such open spar:es as .are re-quired by this Ordinance. and qther taws or ordinances, and having its pnncipal frontag.e: on a public street or officially appro'led place.

Lot. Area. The total area, measured una hortzontal plane. tncluded within fot lines. "Lot Area" shall also m~:.•an Lot Size http:/ Iii brary .municode.comlprint.aspx?h=&cl ientiD= 13 543&HTMRequest=http~'03a~o2i% ... 1/6/2014

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!'vlunicode Page 54 of62 Lot. Comer. A lot which has at least two 12) adjacent srdes abutting tor their fuillengths on a street, pro\!ided that trre interior angle at the intersection of such two (2) s1des is less than one hundred ihirty·five degrees (135'). Lol, Depth. The mean horizo1tal diStance between the front and rear !of lines. Thoroughfare easements shall not be included in lot depth calculations. Lot. Double Frontage. A lot havmg: a fron:age or. two ~2) non,in!ersect:ng streds. as distinguished from a corner lot. Lot, Flag or Panhandle A lot having access to a street by means of a parcel of la.'1d ha;1ng a depth greater than its frontage. and havmg a "idth less than the

minimum required lot width. but not iess ttmn twenty-five (25) feet. The maximum drstanc~ of the area less than the reqwn:d width from the front property line shall be one hundred ten ( 11 OJ feet.

Lot, interior. A lot other than :a c.omer lot Lot Key. A corner lot that is so destgne<t that the lots located di1ectJy behind lt face the side s1reet of the comer lot and are not separated by an ailey sh&ll boa

considered a key lot. Lot Coverage. The ratio ten.veen the ground floor area of the budding or bwldmgs and the lot area, exc!udtng nny ccve-red paho s;ructure that is used solely tor general open use and SWlffiming pool Lot Dimension. The area ;n square footage when the lot w>dlh :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 *91 bounds <lescnption prior!o September10. 1985 Lot Size. See Lot. Area Lot Wrdth The hcnzontal ctistat'ce measured between s1de iot lP'les parallel to the tmm tot line, and measured from tne pomt on the owiaing line that lS closest tc• the

front lot line. Machi!"ie Shop A workshop where me-taJ fabncation tools inchsdmg, but not limited to, lathes, presses. and mills. are used for making. fin,shing. or repairing machines or machine parts Major Thoroughfaie A six (6) !ane :llVlO'ed roadway 3S 1detttlfied on ~he Thoroughfare P!an of the Comprehensiv-e Plan Manufactured Heme (HUD Code). A tactory~built smgle-fami!y structure_ wh1ch IS rnanufactureo or constructed under authont;,: or 42 U.S.C. §5403. Federal

Manufactured Home Conslruction and Safety Standards. and is to be used as a piace for rwman habitation and IS conr.tructed vrith a permanent chass1s and disp;ays a red HUO certification label

Masonry Construction {See S'4$bsection 23.7 !Type of EX1Brior C:onstruction)). Massage Therapy UcenserJ. Any place of business in which massage therapy is pract1ced by a massage therap1st. as defined and licensed by State lavi "Massage

therapy", as a heallh .:.are service, means the mampu!a!lon of salt tssue for therapeutic purposes. The term inCludes. but'" not ilm1leo to, effleurage (stroking). petnssage {kneading) tapotement {percussion). compress1on. vtbrat,on. tndion, nerve strokes. and Swedish gymnastics either by hetno or wtth mechan;ca! or electncaf apparatus far the purpose of body message Massage therapy rnay mdude the use of oiL saU glows, heat lamps hot and cold pac~s. tub. shower or cab!net baths. Equivalent terms for "massage therapy" are massage, therapeutiC massage Massage and "lherapeutrc"' do not include cttagnosis the trealment of illness t.'r disease, or any ser111.ce or procedure for which a license to practice medidne, chtropractic. physicai therapy or podiatry is required by law.

Massage Therapy. Unhcensed. Any pidek of business in which mussage therapy is pract!ceO by an unhcensed ma~sage 1herap!SL "Massag..; !herapy··. as a health care service. means the man.pulalion of soft :ISsue for therapeutic purposes. The term mdudes, but'" not limited to. eff!eura11e lstrokmg). petnssage (Kneading), tapotement {percussion). compresston, vibratiOil, fncbon, nerve strokes. and Swedistl gymnastics. e1ther by hand or with mechanical or electrical apparatus for the purpose of oooy message Massage therapy may include the use of oil, saH glows, lleattamps, hot and COld pacl<s, tub. shower or cabrner baths. Equivaten! terms for ·massage therapy" are massage. therapeutic massage. Massage and "the:-apeutk" cto not inClude d1agnosts. the treatmenl of rllness or dtsease, or any servwe or procedure for "vtuch a license to practice medicine, chiropractic. physical therapy. or podiatry is reqwred by law.

Melissa Cede of Ordmances Means the C1ty of Me!Jssa's Code of Ordmances No_ 92·04. as amended. Mini·WarenouseiSelf-Storage. A building(s) containmg separate mdividual self. storage un1ts lor rent or lease. The conduct of saies. business or any activity ot~er

than storage shall be prollibited within any individual storage unit. M 1 sce!taneous Hazardous industrial Use. Any industrial use not specifically def1ned in thts Ordinance that is a hazard or nuisance to adJacent property or the community at farge, due to the possible em1SS1an of excess1ve smoke, no1se, gas. fumes, dust. odor, or Vlbration or the dang-er of fJre, e:A:pfosfon or radiation. Mob!fe Food Venctor_ Any person or persons who operates or se!ls food from .a statmnary can or trailer mcunted on chassis, but without an ertgme, or a registered vehicle for period of fifteen ( 15) calendar days or greater per year Mobile food vendors who operate for fourteen ( 14} calenda. days or less snaU be considered tempora~J food establishments, as set forth in lhe Melissa Cede of Ordinances.

Model Home, A s1r.glk? family llw-:!ling in a OOveloping subdivision !ocated on a !ega! lot of record that is limited to temporary use as a ~.'Jie::; office for tne subdhri<J!cn and to provide an example of !he dweR!r.gs which have been both or whidl are proposed to be buiH In the same subdivision. Moduiar Home (orindustrializQd housing), Pursuant lo §1202 of tile TEX. OCC. CODE. as amended: (A) Modular or tndustriaJi.zad housmg is a residenliat structure that is:

(1) Designed for the occupancy ol one (1) or more families; http://library.municode.comlprint.aspx?h=&clicntiD=13543&IHl\ifRequest==http%3a%2fO;'Q ... l/6/20 14 Page 90 of 98 Page 55 of 62 J\:hmicode 12) Construcied in one (1) Of more modules Of constructed using one (1) or more modular comp~nents buill at a locatiOn other !han the permanent site and (3) Designed to be use<i as a permanent resid<mtial structure when the module or the modular component is transported to the permanent site and erected

or installed on a permanent foundation system. (8) Modular or lndusllia!ized housing Includes the structure's plumbing, heating. air conditioning. and electrical s~sterns !C) Modalar or lndustnal,z.ed housmg does not Include:

(1) A residential structure that exceeds three (3) stories or forty-nine (49) feet in he1gh! as me'lS"<ed from th~ fio1shed grade eleva!ion at the build1ng entrance to the peak of the roof; (2) Housing constructed of a sectional or panelized system that does not use a modular C<Jmpooent; or A ready-built home constructed m a manner in which the entire living area is conta111ed m a single uM or section a! a temporary location lor the purpose (:!)

of selling and rnov.ng the home to another location. Money or Monet.a:y Valve- Gurr€:ncy or a cia:tm that can be converted into currency through a financial institution, electrcntc payrnents netv.rork or other formal or mformat payment system. or as ott1€'1W1Se amended by the TEX FlN. CODE, Chapter 151 Money Transmission. Shat! mean the following, unfess oH1erwise am~oded by the TEX. FIN CODE, ChGpter 151. 1he rece.pt of ;-Honey or monetary value by any means m exchange for a promise to make lhe money or monetary value availaole at a later ttme or dttferenf locatlcn The term: (A) Includes· ( 1) Selhng or issumg s~ored value or payment instruments, including checks, money cr1ers <:md traveler's chef.:"ks; (2} Receiving moru?y 01 monetary value for transmission. including by payment Instrument, Mre, facsimile, electronic transfer or ACH debit (3) Proviaing !hird,party bit! paying sen,ices. or !4) Receiving cunency or an instrument payable in currency to p-hysically transport ~he currency or its aquiva!en1 from one location ~o another by motor

vehicle or other rneans of transportation or through the use of the mali or a shipping, couner or other deliV£-r servicH: and {8) Does not mcJude the provision sotefy of onlinE:' or tele-commurncation scrVJces or connectior; serv:ces to tne interne! Mortuary/Funeral ParlOr. A place for lhe storage of human bodies prior to their burial or crematron. or a building used for the preparation ol ttle deceased tor tunal

and the 1lisplay of the de<:eased and ceremonies conne<:ted thert'W•th before ounal or cremation. Motorcycle ll. usuaHy two.wneeled self-propelled veh1Cle having vne (1) or two (2} s.adctles or seats, and \!lh1ch may havt< a s1decar attach-eo For purposes of thts Ordinance. motOrbikes, motor scocters, mopeds and s.im11ar vehicles are c!asstfied as motorcycles Motorcycle SalestService Th<! d~Soiay. sale. repa.r and serviClngot new or used motorcycles. Motor VehicU,. Any vehide designed to carry one ill or more persons. which Is propelled or or awn by mechanical power. such as automobiles. tn.tcks. motorcyCles

and buses. *92 Motor Vehicle Trt/e Loans/Auto Tille Loans/Car ntte Loans!Titie Loans A toan in vvhlch an UN!ncumbered mofOf veh1cie i::. g1ven as security for L"le loan, or as otherwise amendect tJy Chapl-er 393. TEX_ FiN. CODE The term does not mdude a retail instailme:11 transaction unde-r Chapte1 346. TEX. FlN. CODE. as amenoert or another loan made lo finance the purchase of a motor veh1da.

M:.:Jtr-Family Residence Attached \l~veHrng unns ctes.tgned tv be occupied by three (3} Qr more rwusehoids livmg indepenoenHy of one another. -exciusJve of hoteos. motels or residence hotels Mumcipal Uses Operated by !lie City Any area. tand. O<Ji!ding stn,cture. and/or facility owned. used. leased. or operated by the Crtv inclUding, but not limited to. aomm1strative office, ma;ntenance facility, fire sfation, J\brary. sewage treatment plant. poltce stahon, water towec service center. part<:, hehport, helistop and golf course Muse.um/Att Gallery. A bufldfng serving as d repository for a col!ectwn of naturaL sde-nhfic. art:shc. or hterary obJects of i!'verest and des1gned to b-~ used for vie••ting, w1fh or without an admissmn charge. and wh1c.l! may tnclude as an accessory use the sa!e ot -goOds. Net Acreage, Lot. The acreage W!41'1in the platted Iot. Net Acreage. Subdrvision The tot<~l remaimng acres of a subd•visior. after subtracting land dedrcaled lor rights of. way grMter lhan sixty (60) feet fioodplains. a"d

eros1on hazard setbacks. easements greater than twt;!'nty r20} feet areas !or !horougtifare screening and land provtded for City an{f s.ct1ooi district purpvses. New Urbanism The process of r~integfaflng the oornponents of modern lile-housing, workplace shopping. and recreation--mto ::ompact, pedestrian fnendly. !nl.l(ed-use nelghbortloods !inked by trans1t and set in a larger reg1ona1 open space framework. New Urbanism 15 commonty referred to as "neotrad1tional p!anmng" or "'t:-artlhonal n~ighborhood developmenr',

Ncnccnforti'Jm; Use A. buildmg, .st;uctuu:.~- or use of lund laYvfGt!y occuofed at the time of !he etrerJwe da!e ot tr-us Ordm.ance er am.~ndments tt1e:e!o. but Wt"1ict'! coes not conform w the use regulations of the distnc:t in Ytfl!ch 1t IS S!tuated. Nonms.dential. Property ZOfled or used for other than residential purposes Nursery Major. An estabftshrnent for !he cullivatron and propagatior\, display storage, and sale (retaH and vhlOiesale) of large plants. shrubs trees. and ether

rnatenals used 1n indoor or outdoor pk::mi~ngs. and the ~ontractll'VJ for installation and/or maintenance of landscape matenal as an accessory use Ouwoor Qisplay ana storage ts permitted.

Nursery. Minor A retail business for the display and/or sale of trees. shr»bs. flowers, ornamental plants. seeds. garden and lawn supplies. and other materials used 111 indoor and outdoor planting. wlfhout ovrs1de storag~ or display Nursing/Convalescent Home. An in3titu!ionat facibty licensed by the Stale of Texas providing in-patient health care, personal care or rehabililative sef\'ices over a long penod of time generally exceeding th1rty (30) days to persons chronically ill, aged or disabled who need on-going heallh supervision bul not including hospitals Th!S use excludes the prowsion or surgfca! or emergency medical services and the provision of care for alcoholism, drug addiction, mentai disease or communicable ct1sease-

Occupancy Classification. The use or intended use of the land or buikJings by proprietof s or tenant'S Offtce!Offlce Center. A building or complex of buildrngs used for conoucling the affairs of the government. a business. such as. among other tllings. executive,

management. admin!Stralive anct professkH1a!, and ether services, such as, amo-ng othef thmgs, real estate property management. investment, medicaf, architect enginee:, traveL secretanal services, accounting organizations and assoc:ations and vehtcle rental office wtthout on~site storage of fleet vehicles, or hke actnJJty that may include ancillary services 'or off.ce workers suco as. among other thmgs. a coffee shop. newspaper or candy stand.

Office and Storage Ares for Pub#c/Private Utility. The pole yard. marntenance yard or admmistralive office of public or pnvate utrlities. Office/Showroom. A building that primarily consists of sates offtces and sample display areas for products andfor secv1ces deiwered or performed off~premises,

Catalog and telephone sales fac•lilies are appropriate. Incidental reta1! sales of products associated witt the pnmary products andlor se!Yices are permitted. Warehousing facittties shall not exceed fifty percent {50%) of the total Roor area. This designation does not mclude contractor's shop and storage yard.

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!vlunicode Page 56 of62 Office!Wareilouse!Distributior> 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<W1ding outdoor storage or display o! commodilles. malenals, goods, equipment. vehicles, or

rnerchandise in its normal dayAo...day business ac1ivit1es This definition exctudes new anct used sal<:} or lease of automobiles_ motorcycles< recreational veh•cles, boats or w.atefcmtts.

Tr,is definihon does not include t~mparary outside merchandise display, such as a sicte~.valk sale Park or Playgro1.md_ An area developed for active play ann recreation that inc ^[1] udes, but is nof limited to. open space, sports courts. ptey equipment and trails Parl<ing Lot, An off-street. gmund level area, usually surfaced and unproved. for the temporary storag~ of motor veh•clt1S Parking Space. An area reserved exclusively for the parking of a motor vehicle Pawn Shop. An establishmer.r w'!':eore money 1s loaned on the so:::..;rHy of personal property pledged In the keepmg ot !he OWfH~rs {pawnbroker). Payday Loan or Defemd Presentment Transacfion. Shall mean the !olicwing unless o!herw1se amended by the TEX. ADMIN. CODE. Chapter 83: {A) A transaction m wtuch

(i) A ca~h advance- in whole or part !s made in exchange for a personaf check or authonzation to debit a deposit account; (2) The amount of the checX Of autt·1orized debit equals. UJe amount of the ath.1ance plus a fee: and

The person makmg the advance agrees that he checl: will not be cashed or deposited or the authorized de-bit wm net be made tmti! a designatetJ future !3) date. *93 (B) This type of transaction is often referred to as a "payday loa1". "payday advance" or "deferred deposit loan· Payment mstroment Shall mean rhe foJiowing unless ottJen.visc arncnded by the TEX. FIN. CODE. Chaprer 151. a writlen or electronic equivalent of a che6, draft,

rnone-y orcter. traveler's chect. or oihe-r wriHen or electronic instruments-, service or device for the transmiSSlOn or payment of mof!ey or monetary value_ sole or issued to one (1) or more persons. regardiess of whether negotiable_ The term does nol. inctude an instrument. ser...ice or device that

(A) Transfers money directly frDm a purchaser to a creditor of the purchaser or to an agent of the creditor: !s redeemed hy the issuer in goods or services or a cash or credit mfund under etrcumstances not designed to e-vade the ob11gahons and respons1btlihes (8}

imposed unaer Chapter 151. TEX. FIN. CODE. as amended or (C) is a credit c-.aro voucher or letter of crediL Permit. A license. certificate, approval, registrat;on. consent permrt. contract or other agreement tor the construction or pnwts1on of service from a utmty owned.

operated, orcontroltt:d by the City, o.r other form or authorization reqlured by law, rule, regulation, order or ordjnance. whir..h has. been appro'tled by the Crty. tha1 a person or entity must obtain to perform an acti{)n or initiate, r .. cmtmue, or complete a project for which the permit Is sought and for which the application for !he permit or inff..;.r,nation requir€-"d to be sub:rmtteo for consJCit:ration provides fa!< notice of the proj-eCt to the City. Notwithstanding. an ordinance estabiisl1ing or changing a zoning d1strict including but not fimi1ed to an ordmarce estabhsl'iing or amending a PD or SP. is not cons1dered a pemiit

Plan for Development of Rear Pmpert>,- 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 S<lf\lice of Aicoholic Beverages for on-premises coosumplion and that is located wiltlin a dry area as defined in-IlllilJ! (local Op!iOfl Elections) of!he TEX. ALC. SEV CODE. as amended Private Club does not include a fraternal or veteran's organization. as deffned in the TEX. ALC BE\1 CODE. as amended. holding a Pnvate Clul:l permit under Chapter 32 or 33 of the TEX. ALC. BEV. CODE. A Private Club does nol inClude the ho!d•r at a food and beverage certificate as defined in the TEX, ALC. BEV. CODE, as amended. Unless the person owmng or operating the use supplies the building official with records to prove otherwise. an establishment holding a Private Club permit under Chapter 32 or 33 of the TEX . .A.LC. BEV. CODE. as am"nded. is presumed to derive thirty-fiv0 percent (35%} or more of its gross revenue from the sale or service- ot AJcoho!ic Beverages for on~prem1ses consumption.

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Privs.:e Utiliiy(otherthanlisfed). A nt.m~pub/tc utility requiring speciaf factlihes in resident:al areas or on public property such as electricity, natural gas, or telecommunications no1 cus!omarl?y prov1ded by the munitipal'ity or public utilities AU radiatin-g eqwpment must comply wtfh currem Feoeral Commumcat1ons Commission (FCC), Env•ronmental Protection Agency (EPAl. Occupational Health and Safety Admtnmtra!ion (OSHA) and all other applicable Slate and Federal regulatory agency requirements and guiaeunes for human safety. as they each extst, may be amentled or in lhe lu!ure arising.

Progress Towards Completion. (See §245.005(c) of the TEX. LOC. GOV'T CODE. as amended, unless another meaning is specified.\ Pro;ect. M -endeavor over wf1ich the City exerts its jurisdictiOn and for which one {1) or more permit~ are reqUired :o in itt ate, continue or complete the endeavor. Property Une. (See lot L;nes or Property Lines.) PvbJic Parking Space(s). An area resenred exclusively tor the temporary parkmg of a motor vet)icle Public!Semi~Put;t;c Uses. Any uses that are educational, gove•nmentat or institutiOnal in nature Receive. To obtain possession of money or monetary value in a manner that be reversed through tt·le exercise of rout1ne contractual or statutory rights ur,less

otherwise amended by tlle TEX FIN CODE. Chapter 15L Recreational Vehicle (RV). A ponable or mobile livfng un1t used for temporary hiJman occupancy away from the place of permanent res1dence of rhe oc::-.. upanls and self-propelled (motorized). (Also see 'Heavy Load Vehicle'.) Recreational Vehi:le Sales afld Se!Vice. New/Used. Sales and/or leasing of new and/or use<! rec:ealional vehicles or boats. including, as an accessory use, repair work of recreatlonaf vehtdes and boats. Recreational VehJc/e/Truck Parlung Lol or Garag;o An area or structure des'!ln<Yj f01 tile shor1 or lcng.lerm parking Dr storage of recreational vehicles, boats or heavy load vehicles. Recycling Center A fadhty in which recoverable resources, such as newspapers, gl.assv.Jare, and meta! .::ans are coHecled, stored. flattened. crushed or bundled. essentially by hand wi!Mm a completely enclosed building_ Recycling Co!Jecb·on Point. An incu;enta! use that serves as a nP.1gnborhood drop.off poinl for temporary storage of recoverable resources. No processing of such ltems ts allowed. This tac:lity would generally be !ocatect 10 a shoppmg center parking lot or m ottu~r publJcJquas•-public areas such as m churches and schools. Recycling Plant Afacility that is not a junkyard and in which rec<>verab!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. *94 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 detw<ary separated from customer access. prows•on of aeslhellcally appropriate dosign and protection from tt1e elements Single Family Residence. Anact>ed. 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 designe<J and constrc1cted for occupancy by one (1) household and ~avrng no pnysica! connection to a build;ng located on any other separate lot or triK1 Small Engm& Repa1r Shop A shop tor the repaw of tawnmowers chainsaws. lawn equipment. and other small engine eqltipment and mact·unery. Stacie. Commercutl. A stab !e use-d for ttu;; rental of stall space or for the sale or rental of horses or mules Storage or Wholesale Warehous<!. A building used primarily for the storage of goods ami materials. Stored Value Shalf mean the fol!owmg. unless otherwtse amended by the TEX. FIN CODE. Ctlapler 151. monetari va1ue evidenced by an electromc record !ha! 1S

prefunded and for which value is reduced on each use. The term does not include an electronic record that is: (A} Loadett w1t11 pomts, mt!es or other nonmonetary value, or (8) Not sold to the puboc but d>Stnbuled 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<! ftoor or roof next above (alw see "Mezzanine" as def1ned

in the bui!drng croe. as adoptt'd by the C1ty and set forth in Ar!i£1!l..:U_Qll (Conslructioo Codes) of the Melissa Coda of Ordinances). It is measured as me vertical distance from top to top of t\l.io !2) successive Uers of beams or finished tioor surfaces and, for the topmost story. from the top of the. floor finish to the top ot the ceiling Jolsts or '.'-.I here there is nat a ceiling. to the top of the 1001 •afters.

Stor;, Half. A Slligle room wnhin a dwc!hng unit above the second floor A half-story wi!f occupy no less than two-thnds (2'13} of the area under the roor, and shall have non,aperating opaque wmdows for fayaaes that face adjacent properoes. Transparent windows may face the front yard. A half· story contain1ng independent apartment, ~iving quarters, or bedroom shall be coumed as a fun story

Street. Any dedicated public thoroughfare that affords the principal means of access to abutting property Street. lnrersection . .i\ny stree: thm joins another street at an angle, whether or not it crosses the other. *95 Structural Alterut1ons. Any C'1il!lge in the supportmg members of ;J b;.Jiiding. such as beaong walls or partmra1s coiumns beams, or g1rders or any substantia! change

in the roof or in the extenor walts. Structure. Same as "Bwlding- Any:htng constructed or erected, the use of wh1ch re-qu,res locat1on on the ground or whtc:M 1S aHacned to sommhing having a localrJn on the ground {also see definJtJon of Bwtdmg). Studio Re$/dence A '*SKience that includes up to fifty percent (50%) oi its total fioor area as a work area lor a photographer, artist mu•ician, architect. or srmilar occupatwn. The pnmary occ>..~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 considere<l a temporary buildmg. Membrane

structures shall not be considered a temporary building. Temporary Por.abie Stora1e Unit (iPSU). A transportable. standard1zed reusable vesset. container or receptacle that was origrnaHy ami spedficaf!y designed and/or u:sed for. among ether th1ngs. stowing, pac!qng. shippmg, mo'ling, transport1ng items such as, among other things, fre,ght, aructes, good~ or commodtties; that !S des1gned tor or is capable of bemg mounted or moved on a truck and thai !S located 4! a site or prem1se5 for ternpomry storage of personal property. A TPSU is sometimes referred to as Portable on Demaoo \POD) Storage Umt.

Theater; Neighborhood. A buiidmg or part of a building devoled to the showing of motion pictures or tor dramatic, musical. or l1ve performances. w1th a max1murn of ten screens, stages, or combination thereof a-r a combmed: seating capacity of rwo thousand five hundred (2.500) or less Theater, RegiDnar A buildirtg m por.ioo of a building used pnmari!y for showing motion pictures or for dramattc. musical. or live performance hall!ng more than ten (10) screens, stages. or combinahon tnere:>f 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= 1354 3&HTMRequest=http 1 7o3a 0 /o2f% ... 1/6/2014 -

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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 <Jes1gned specJflcaily for recreational purposes; Parn•ng areas. \4) tanoscape<i pa<1<mg reqwrernents; (5) (5) Driveways; (7) Turn-arounds; or (8) Right-of-way or easemem for streelS or alleys.

Utility Distribution/Transmission Line. FaDHhes. including s;.Jbsidiary stahons that serve 10 dJstrioute. transmit transform. or feduce the pressure of gas. water, or electric current, includmg, but not limlled. to. e!ectrfcal transmission lines. gas traflSffiiSS!Oil lines and metenng stalions. *96 Vanance. An adjustment in th~ appiu:.atlon of the spec:fic reg:ulat;ons o1 the Comprehensive Zoning Ordinance to a particular parcel of prooertt which, because of special conditions or crrcumstances of hardship peculiar !o the particular parceL is necessary to prevent the property from being deortved or nglns a,~d privileges enJoyed by other parcels in the same Y!Cil11!y and zomng distnct Only the Board of Adjustment of the City can gran! a vanance.

lleterinanan Clinic and/or Kennel, Indoor. An estabhshment. not including outside pensJkennels, where animals and pets are admitted for examination and me?dlca! treatment. or whe•·e domE-sticatea: an1mars are housed. groomed, bred. bcan:Jed, tra1ned or sold for commerciai purposes. Veterinarian Clinic and/or Kennel. Outdoor An establishment with auldocr pens/kennels_ where animals anO pels are adm1!ted for examinat:on and med1cal treatmeni, o-r where domesticated anlma1s are housed, groomed, bred. boarded, trained or sold for commerdal purposes Viilage Green. A communai usatJlt: open space area or park central to a neighbomood. Water Resource ?.one. A landscape zone that iS des1gnea for U1e purpose of caprunng, fittenng, reusmg or tnf,ltrating rainwater with the mtenoed purpose of

proteding and conservmg water resources Water Treatment Ptant. A faciilty owned andJor operated by a private entity that fs tlsed to alt~r the physical, chernlcat or b!otoglcal quality of water Yarri A.n open so ace a~ .grade between a htn!dlng and the adjo1ning lot lines. unoccup1ed and unoostructed by any portion ot a structure from the ground upward.

el(cept wh-ere otherwise spe-dficauy provided in lhis Ordmance that the buiidmq or structure may be located 10 a portion of a yard required tor a main building. ln measuring a yard for the purpose of de!ennming the width of tl1e side yard, !he depth of 8 front yard or the depth of a rear yard. the shortest horizontal distance between the lot tine and the main bui!diny shaH be used.

Y.artl Front. A yard located in front of lt'Je f(onf elevation of a ouild;ng and ex1end1ng across a lo1 bet-Neen the stde yard lines anti being the mmimum horizonlat dJstance between the front property tlne and the outs1de waU of the main b!Jiiding_ Yard. Rear The area extending across the rear of a lot measured between the lot Hnes and betng the mmrmum hortzorHal distance be-t11\<eEm !he rear !ot lme and the rear of the outside wall of :he main btnldlng On beth corner tots and interior Jots, the rear yard shaH 1n all c--ases be at the opposite eno ot !he lot !rom the front yard Yard, Side. The area between the bu:lding and side line of the lot and extending frvm the ~ron! lDl line to the rear lot line ana being the minimum horilon\a! distance beMeen a side iot line and !he outside waH nf the s1de of the main builctinq. Zoning Application A request to cor.sid&r an ordinance establish,ng or &tanging a zoning district. inclw1ing but not limited to an ordinance establishing or amending a PD or Permit Zoning District Map. The offici a! map upon ·which the boundaries of the ~Jarious zoning distncts are drawn and which is an integral part of the Comprehensi';e Zoning Ordinance (0ni No 27·26. adopted 10.9>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<ling or land complies Wl!h atl prov!sions of the building and zoning laws and ordinances of the city, A record of aU cer1ificates of occupancy shotf he kept an file In the office of the Building Insp-ector or his or her agent and copies Shall be furnished on request to any person having proprietary or tenancy interest in the building or land ;;fleeted

32.4 Temporary Certificate_· Pend1n9 the issuance or a regular certJficate. a temporary certificate of occupancy may be issued by the Buitding Inspector fo; a period not exceeding six (6i months during the completion of aueral!Ons or crunng parlial occupancy of a building pendinQ its completion. tssuanc<> of a temporary certificate shaii http:/ /library .mun icode. co m/pri nt.aspx?h=&c l ienti D= 13 54 3& HT MReq uest=http~·~3a%2 f?.-Q ..• 1/6/2014

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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 <late o! adoption of this ordinance shaH he e-~nenc_e thaf said nonconforming use was either illegal or did not !awfully exisl at the adoption date of !his ordinance. unless the :;wner or lessee can otherwise prove the nonconforming use did exist at the time of adoption of th1s ordmance Proof of verification can mdude utility recOfds, tax records. <.lffi-aavits from neighbors. elc.

SECTION 33

ZO!:Il!{G CHANGE$ 1\NO AMENQ.fl1f,NI§. 33.1 OeclaratJM of Policy. The City declares !he enactment of these regulaUons governing the use and development of land. buridings, and st11.1ctures lobe a measure necessary to the orderly development of the community. Therefore, no change shaH he made 1n these regulations or in the boundanes of ltle zonmg districts except:

(a/ To correct any error in the regulations or map (b) To re-cognize changed •'X changing conditions or arcumstances in a partiCular locality ICi To recogniZe changes in technology, style of living, or manne> 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.

*97 :~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 permdte<! by the proposed change will be appropriate m the 1mmediale area concerned and ttrelr relationship to the general area and tne City as a wh~le {b) V\h\ether the proposed change fs in accord wHh any exJstu1g or propose-d plans for providing public schools. streRtS, water supply. sanitary sewers and o!her utilities to the area and shall note the findings {c) The amotJnt ,)f vacant fano currenUy cJasslfied for slmt!ar dev~opment in the vicruty and elsev..rhere in the City, and any specm! circumstances which may make a St.ibstantial part of such vacant !.and unsuitaNe for development. (d) The recet:t rate at which land is be;ng developed m the same zomng classification as the request part1cularly in the v1cintty 0: \he pr~posed change The manner'" which other areas oosignated for similar development will be. or are iii< ely to be. affected if the pr:>posed amendment i& app10ved. ano whether (e)

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 receive<l by owners of ~.r.<enty (20) percent or more of !he area or the lots or land covered by the proposed r.hange or such area within two hundred (200) feet of the property wh1ch a zoning change is being contempla!e<J If a protest against such proposed amendment, supplement or dlange has been filed witn the City Secretary. duly signed and acknowledged by lhe owners ol twenty (20) percent or more o' the area of the lots or land included in such a proposed change or the lots or land >mmed>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

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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<mgnee

{2) VJriHen Nobce CGnsents. The City shall spectfy w;tt!in the written notice the foilowing: {,;) The documents and ~ntormation necessary to make the application comptete·, (8) The date by which the documents and information must be recewe<!, and (C) The dnte !he application fDr a penni! will expire if all of the requested dccuments and mforrr.a!ion are not recerved by the appropnate City

department (Nolice of incomplete Applicalion"). {d) Expiration of lncomp!e!e Applications. (1) If Notice of Incomplete Apptrcaiion is sent to the applicar1t then the application for a permit sllall exprre on the fort-;-flflh (45!ll) calendar day after the dat€ the appt~cabon for a permit was fiJed tr the a.pptic.ation tor a permit is not made complete by the appi,cant (2) Any nliO{I fee pard may be retained by the City for reviewing !tie application for a permit for completeness. Thereafter, a new appltcation for a pernil. including, but not lim•led to, the filing fee, is required if the applicani wishes ilia be considered. (3) The City may send w!itten notice to the applicant that the applrcatron for permit has expired, ow rt is not requ:red to do so, and failure of the Crty to send notice that a permit has expired shall not prevenl the permit from expinng (4) Fa~!\Jfe to provide the requested items within the time. frame will iesu!t in !he case me being C!o3ed on the tony-sixth \46th; calendar day aftei date ot application fo1 a permil was filed. A new case with aH fees will be requir~.:d on all subsequent applications 34.2 Filed Applic•bons. (a) Applications Receive<t from the Unrted States Postal Serv1ce

*98 \1) If sent to the City by the United States Postal Service. an applrca!ion for a permit shall be considemd filed if it rs properly addressed, on !he date of tr.e uo.ted States PostmarK stamped on the envelope or package cootaimng the application, if it lS legrble: or If me date is no~ legible~ the application for penmt shall be cons1derect filed on the date immediately preceding I he dale it is received by the City

{2) Applicat•ons Receiyed by Means other ttran the United States Postal SefVlce or are Hand-Delrvered· (b) (1) if sent to the City ny means other than United States Postal Service or hand-delivered, an application fat a petmH shall be considered fired on the ctate it i:s rece1ved by the Clty (2} If nci property addressed to the attention of the C;ty's Development S.ar;nces Department at! applicatton !or a perm1t s.hai! be f'..OnSidered filed on lhc:> 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, Dania! of Z.<l!ling App!iC<Jtions. (C) The acceptance or processing by any City official of a zoning aJ:mllcation prior lQ the tim~ .a cornplete app!ication is sutlrruu.ed hereby is deemed tc be ( 1} null and void and, vpon discovery, shall be grounds for denial or revocation of such applicatiOn. (2) A typugraphica! error shall not conshtute an incomplete appllcahon {3) The apphc.ant may be notified of such deniat or revocation for an incomplete zoning application in writing.

34.5 No Accf!1ai o!Vested Right; from Spedfic AppF.cat;ons. No rigtl!s derived from Chap!e< 245 of the Texas Local Government Code. as amended, shall accrue from an app»cation for a permit that expires, from an application for a permit that Is denied or from an application !hal does nol provide fair notice. (OrC. Nc. 13-06. adop(ed 2-tl-13. Sec S) E<f/torsno- Sectig_n 5 of Oro. No. 13,06. adopted Feb 12. 2013, repealed !/le lormN § 34, and enacted a new§ 34 as set out herein The former§ 34 pertatned to preserving ngh:s in

pending littyation and derived from Ord No 92-08. adopted Attg 25. 1992, Sec. 34 SECTION 35 QP..BMANT 0£1[FLOE_ME"!.J PRO.JJ;S;TSJEXFj__R£0 PRQ,J_£(;]"..$ 35.1 Progress Towards Completion Defined. F0r purposes of lh!S Subsection 35.1 {Progress Towards Completion Deftned), pmgress ta';vards completion of thJ? development of land shall be considered to have occurre<t if as of May 11, 2000: (a) No E>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 A good-faith attempt was made 10 file an application for a penna required to begon or conlinue toward• compleUoo of !he development (2) Costs were incurred for developing the project including. without limiralion, costs associa!cd with roadway. utility, and other infrastructure racilit1es (3)

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.

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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 approve<J by· the City was filed if there ls no progress towards compielion. Following expiratio~ of a project. any new applications !or perm•ts subm>tled 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 <Jf !1me specffieC in the ord1nances that ex1sted on the date lhe apphcation for perm1l was fiied (2) No Exp.ralion Oate Specrfted. If the approved application did not 11ave an expiration date. then the permit shail be valid for €ighteen { 18) months beqinning on the date the appfir.allon tor perm1t was filed. (Ord No. 13~06, adopted 2·12:~13. S.:.c. 5) Editor's not&- §fc!lon §of Ord. No. 13-06, adopted Feb. 12. 2013, repealed the !orrner § 35, and enacted a new§ 35 es set out herein. rhe former § 35 perta:ne-d to penalty for violations,

and denved from Ord. No. 92 08. adopted Aug 25. 1992, Sec. 35

SECTION 36

f'R~SEPVf.f.JG .R!GHT$ IN_ff/VD!!jflj.JI.!.Q.6 T!ON By the passage ol !h:s Ordina,1ce. no presen!ly •!legal use shaU be deemed to have been legalized unless suc.'1 use specifically falls wHIM a use distnc! where ti1e actual use is a conforming use. Ottierwise. such uses shaH remain nonconforming uses wher~ recognized, or an illegaf use. as the case may be. It is further the intent and *99 declared purpose of 1hls Ord1nar:ce that no offense committed and no liability, penalty or forfeiture. either civi.i o-r crimir:al, incurred prior to the time the ex1stlng Zoning Ordinance was amendeU in Its enbrety by this Ordinance, shafl be discharged or af'feC:ed by such repeal: but prosecution and suits tor such off®ses. !labilities. penalties. or forfeitures rnay be mstituted or causes presently pending may be proceeded with in afl respects as if such plior ordinance had not br!en amended {Ord 1\10 13--()6 adopU:d2-12-13 $<!"c 7) Editor's note-- .§..~~!Qo_l of Orct No. 13--00, adopted Fee 12. 20"!3. repealed the former§ "36. and enacted a new§ 36 as set out herein. The fom1er § 36 pertained to ~atidity severance

and conflicts. aod denved from Oro_ No. 92-0--8. adopted Aug 25. "1£192. S~t::- 36 SECTION 37 PENALTY FQR VIOLATION$ Any person oc ccrp-uraHon VIOlating any of the provisions ot th1s ordinance shall upon convidion be- fined the sum of two thousand dollars {$2,000.00} per day and each and every day that the provrsions ofthis ordinance are violated shaU constitute a separate and distmct offense tn addWon to the satd penaity provided for, the nght is hereby conferred and exiended upon any property 01.vner o-wnmg property in any d1stnct where such proper1y owner may be affected or uwaded by a vioiailon of the rerrns of the ..:m:Hnance to bnng suit in such court O( eouns having junsd1ction thereof and obtain such remetd1es as may be available at Law and equity in !he protection of the rights of such property owners

SECTiON 38 VAL.'Q!TY SEVERANCE AND CQNFLJill if any section_ parr-,graph subdivision, dause. phrase or provision of ttus ordinance shall be ad;udged invaltd or heid unconstitutional. the same shaH be served from and shan not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so de-Qicated 10 be invalid or unconsii!utional U is intended that thts ordmance entirety replace and sup-ersede all prov!SlOns -of the existing zontng ordioonce, of the City of r..-1el:ssa, Texas. as amended To the extent any provision of this ordfnance conflicts wth o1her orrlfnances of the City of Melissa the tenns of this ordinance shall control. (Orri. No_ 13 ^[4] -06. adOpted 2~1'd·13. Sec 9}

PASSED and APPROVED by the C>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<J --(4)- Editor's no•e-- Sec-ban 2 utOrr:t No 13·09. adoiJ!ed Fttb 21. 20fJ. Mpeafed ttw fo~r Section 18. andem1cte-d a new Sed;on 'f8 as set Ob-'t Jmrein T~ former Secticn 18 pertemed to "PO~ Ptarmed

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