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Building Design Standards for Multiple-Family Use
A. Multiple-Family Design Standards for the MF-16 and MF-22 Districts.
1. Applicability.
This subsection shall apply to the multiple-family (MF) uses within the MF-16, Multiple-Family Dwelling District and the MF-22, Multiple-Family Dwelling District.

2. Building Orientation and Construction.
a. Building Orientation Adjacent to a Single-Family Zoning District.
i. Unless set back 100 feet or more from the property line adjoining a single-family zoning district, a MF building shall be designed so that the smallest façade faces the single-family property. The purpose of this regulation is to limit to the greatest extent possible the number of windows and balconies that face towards or look onto the single-family properties.

ii. If a MF development is bounded by single-family developments on multiple property lines, then the longest lines shall take priority over the smaller property lines.

b. Parking.
i. Parking is only allowed between the building and a public street when located at or beyond the required landscape buffer and screened with a headlight screen of earthen berms or a row of shrubs.

ii. Parking areas located between the building and a public street are also subject to tree planting requirements specified in Section 4.b, Other Parking and Circulation Requirements below.

iii. Buildings with enclosed garages, when adjacent to a public street, must face the garage doors internally to the development. Garage doors may not face a public street.
 
c. Detached Garages.
No detached garages may be located between residential buildings and a public street.

d. Pedestrian Connections.
Gated or un-gated pedestrian sidewalk connections will be provided around the perimeter of the property to adjacent schools, parks, and nonresidential developments.

3. Exterior Material Requirements and Design Elements. See § 11-1-6.06A.3 for detailed information.

4. Parking and Circulation Standards. See § 11-1-6.06A.4 for details.

5. MF Structure Separation. See § 11-1-6.06A.5 for detailed information.

B. Multiple-Family Design Standards for the CB, Central Business District.
1. Applicability.
This subsection shall apply to the multiple-family (MF) uses within the CB, Central Business District.

2. Design Elements.
The following design elements shall be incorporated into multiple-family uses within the CB, Central Business District, except MF uses may occupy or reoccupy an existing building without complying with the following design elements.
a. Windows on the First Floor.
At least 25 percent of the first floor façade along a street shall consist of windows.

b. Building Design.
At least 75 percent of the MF building's façade shall be located along the minimum front setback.

c. Parking Located in the Center of a Lot with Buildings along the Edge of the Property.
In order to promote a more walkable and urban form, parking lots or parking structures shall be located in the interior of the property with MF buildings located along the edges of the property.

d. Direct Access to the Street Required.
MF units adjacent to a street shall have direct access via a door to the street.

e. Balconies along the Street Required.
i. Balconies shall be required for every exterior MF unit adjacent to the street.
ii. Balconies may extend five feet into the minimum setback.
 
f. Parallel or Angled Parking along the Street Allowed.
Parallel or Angled parking is allowed along the street frontage.

g. Street Furnishing along the Street Required.
 
i. Areas along street sidewalks or adjacent to buildings shall incorporate features to promote a walkable environment, such as seats and benches.
 

ii. Benches shall be provided along sidewalks or adjacent to buildings at a rate of one bench per 100 linear feet of sidewalk.

iii. Litter receptacles or planters shall be provided along sidewalks or adjacent to buildings at a rate of one bench per 100 linear feet of sidewalk. Street furnishings shall be low maintenance and resistant to vandalism.

iv. Street furnishings shall maintain an unencumbered walkway for pedestrians.

v. Street furnishings may be grouped together at common locations, such as a plaza or outdoor sitting/eating area.

h. Off-Site Parking Allowed.
Parking may be located off-site to allow an entire block to be built as one unified complex.
Building Design Standards for Nonresidential Buildings
A. Purpose and Intent.
This section of the Zoning Ordinance is intended to ensure that all nonresidential buildings shall be compatible with the architectural character and design in terms of style, mass, height, roof design, and other exterior elements.

B. Applicability.
All nonresidential buildings shall comply with this section, except buildings within the LI, Light Industrial District or the HI, Heavy Industrial District.

C. Nonresidential Building Orientation.
Any building (excluding parking garages) within view of a public Right-of-Way shall either face such Right-of-Way or shall have a façade facing such Right-of-Way in keeping with the character of the Front Façade.

D. Nonresidential Design Elements Requirements.
1. Following is a list of design elements that, based upon the size of a building (see Section 11-1-6.05.D.2 below), shall be incorporated into a building's design: See Table 12 for detailed information.
 
E. Nonresidential Front Façade Entry Requirements.
1. A Front Façade shall be articulated and designed to present a distinctive entry presence, emphasizing the building's entry point along the façade.

2. Each building shall provide a sheltered entry.

F. Nonresidential Building Articulation.
Façade depth and height articulation shall be required on the front façade of a building, per the following:
1. Depth articulation of at least three feet shall be required for every 50 feet of building façade length. Depth articulation applies only below the roofline.

2. Height articulation for flat roofs of at least five feet shall be required for every 50 feet of building façade length. Pitched roofs do not require height articulation.

G. Tripartite Building Design/Composition. See § 11-1-6.05G for detailed information.
 
H. Roof Design Standards.
1. All structures shall be constructed with a pitched roof, flat roof with a parapet, true mansard roof, or any combination thereof.

2. All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible.

3. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this paragraph, visible shall be defined as "capable of being seen at a height of six feet while standing at the highest grade on the property line."
Building Façade Material Standards
A. Masonry Construction. See § 11-1-6.04A for detailed information.
B. Exterior Material Requirements for all Single-Family Units.
1. Applicability.
This section applies to all single-family (attached and detached) units.

2. Residential Material Standards.
a. The exterior façades of a main building or structure shall be constructed of 85 percent Class 1: Masonry Construction unless otherwise specified in this Zoning Ordinance.
i. Individual exterior walls shall contain no less than 50 percent Class 1: Masonry Construction.
b. Fiber Cement Siding.
i. Fiber cement siding shall be considered a Class 1: Masonry Construction material for single-family (attached and detached) units.

ii. Fiber cement siding may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers of rear entry garages, columns, chimneys not part of an exterior wall, or other architectural features.
 
C. Exterior Material Requirements for all Multi-family Units.
1. Applicability.
This section applies to all multi-family units.

2. Residential Material Standards.
The exterior façades of a main building or structure shall be constructed of 85 percent Class 1: Masonry Construction on the first and second floors and 50 percent on all other floors.

D. Exterior Material Requirements for Nonresidential Districts and Uses.
1. Applicability.
This section applies to all nonresidential buildings.

2. Nonresidential Material Standards.
a. The exterior façades of a main building or structure shall comply with the following tables. See § 11-1-6.04D.2.a for detailed information.

b. If a nonresidential use is within a residential district, then all exterior façades of a main building or structure shall consist of 100 percent Class 2: Masonry Construction.
 
3. Maximum Material Coverage.
No single building material shall cover more than 90 percent of the front of any building, with the exception of on-site utility or service structures.

4. Windows.
a. Clear glass shall be used for commercial storefront display windows and doors.
b. Windows shall be individually defined with detail elements such as frames, sills, and lintels, and placed to visually define the building stories.

5. Residential Adjacency Standards for Businesses.
a. Purpose and Intent.
In order to preserve and protect the integrity of single-family residential neighborhoods and in an effort to protect the quiet enjoyment of single-family residential properties and to maintain property values, the City has determined that it is necessary and appropriate to adopt specialized regulations for non-single-family residential uses and buildings that are constructed within 400 feet of properties used for single-family residences.

b. Applicability.
i. The following Residential Adjacency Standards for Businesses shall apply to all non-single-family residential buildings or uses that lie within 400 feet of properties used for single-family residences.

ii. For purposes of the Section, the 400 foot distance shall be measured from the non-single-family residential building or use to the property line of the single-family residence.

iii. All buildings within the CB, Central Business District are exempt from Residential Adjacency Standards for Businesses.

c. Masonry Requirements for Building Façades:
i. All façades of a building shall be finished on all four sides with the same materials (meeting the masonry requirements.

ii. The use of cement, standard (i.e., smooth-faced) concrete block, concrete tilt wall, stucco and other masonry materials of similar characteristics is not permitted.

iii. Exception for Façades not Visible from Public Streets:
(a) The rear wall of the building may be constructed of standard concrete block, concrete tilt wall, stucco and other masonry materials of similar characteristics provided that it is of the same color as the other façades.

(b) This exception does not apply to buildings on pad sites (i.e., "out" buildings).
Building Location and Arrangement Standards
A. Location and Arrangement of Residential Buildings on Lots for Single-Family or Duplex Uses.
 
1. Only one main building for single-family or duplex use with a permitted Accessory Building may be located upon a lot.

2. Every dwelling shall face or front upon a public street or approved access easement, other than an alley, which means of access shall have a minimum width of 30 feet.
 
B. Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses.
 
1. Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts.
 
a. All main buildings shall face upon a public street or approved access easement other than an alley.
 
2. 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 building or other use.

3. On lots zoned and used for multi-family use, the minimum separation distance between any two buildings shall be 30 feet.
Drive-Through Facilities
Drive-throughs are not permitted in the O-1, Office District or O-2, Office District.
Lighting Standards
Purpose. See § 11-1-6.03A for details.

General Requirements.
The following standards shall apply to all exterior lighting except public street lighting and other lighting (see the City's engineering standards for lighting requirements in a public right-of-way) that is specifically exempted by this subsection.
 
1. Shielded Light Source Required.
a. All luminaires located on nonresidential use properties shall be designed so that the light source (bulb or lamp) is completely shielded from direct view of at a point three feet above grade on the lot line abutting a residentially used or zoned property.

b. In all other instances, the light source must be completely shielded from direct view of at a point six feet above grade on the lot line.

c. See Figure 7: Shielded/Cutoff Light Source Required for examples.

2. Light Emitting Diode (LED) Lighting Required.
All exterior lighting governed by this section, Lighting Standards shall be composed of LED luminaires and no other form or type of luminaire, such as a metal halide lamp, is permitted.

3. Light Trespass (foot-candle) Limitation.
All luminaires located on private property shall be designed or positioned so that the maximum illumination at the property line next to a residentially used or zoned property shall not exceed one-quarter (¼) foot-candle and shall not exceed one-half (½) foot-candle adjacent to a street right-of-way.

4. Canopy Lighting.
Lighting recessed for canopies covering fueling stations at automobile service stations and drive-through facilities shall not illuminate abutting properties and the luminaires shall be designed so that the light source and lenses (bulb or lamp) are completely shielded from direct view at a point five feet above the grade on the lot line.

5. Outdoor Advertising Lighting.
Outdoor advertising lighting shall conform to all applicable laws, ordinances, rules, and regulations. See § 11-1-6.03B.5 for illustrations and detailed information.

6. Wall or Roof Lighting.
a. Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas and yard areas within 30 feet of the building.

b. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Building Official finds the following:
i. That the proposed lighting is not in conflict with the stated purpose;
ii. That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

7. Open Area Used for Motor Vehicle Parking, Storage or Access.
a. Any open area used for motor vehicle parking, storage or access may be illuminated with freestanding luminaires.

b. Freestanding luminaires are permitted to be a maximum of 30 feet in height.

c. When a luminary is located within 100 feet of a residentially used or zoned property, the maximum permitted luminaires height shall be 20 feet.

d. All luminaires must have a total cutoff angle equal to or less than 90 degrees.

e. The use of exterior lighting with a cutoff angle greater than 90 degrees shall be permitted only when the Building Official finds the following:
i. That the proposed lighting is not in conflict with the stated purpose;
ii. That the proposed lighting will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
iii. The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.

8. Signs.
Signs shall conform to all applicable laws, ordinances, rules, and regulations.

9. Flags, Statues, and Other Similar Objects.
Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare.

10. Buildings.
Building façades and architectural features of buildings may be floodlighted when the following conditions are met:

Illumination Levels. See § 11-1-6.03C for detailed information.
Method of Measurement. See § 11-1-6.03D for detailed information.

Prohibited. See § 11-1-6.03F for details.
Exemptions. See § 11-1-6.03G for details.

See § 11-1-6.03: Lighting standards. for more detailed information.
Multiple-Family Density Bonus
A. Applicability.
1. The following density bonus options are available to all multiple-family uses.

2. These density bonuses are subject to the City Council's approval through a modified Site Plans Related to Building Permit Applications process. The process is modified from § 11-1-9.05C.2.b in that the City Council shall be the approval authority instead of the Planning Division Manager and Building Official.

3. An applicant can petition the City Council for all of the density bonus options listed below.

4. The City Council may either grant a full bonus or a partial bonus depending upon the degree that the proposed project meets the requirement of this section.

5. Density bonuses are cumulative and multiple density bonuses may be applied to the base density of the base zoning district.

B. Density Bonus Options.
1. Affordable Units.
A density bonus of up to six dwelling units per acre may be granted if 50 percent of the additional units created by the bonus are dedicated for affordable housing. Affordable housing shall be for families earning less than 80 percent of median income, as reported for the City in the most recent census data, and calculated so that the monthly rent, including utilities, does not exceed 30 percent of a family's monthly income.

2. Parking Structures.
A density bonus of up to 30 dwelling units per acre may be granted if a parking structure is built. The parking structure shall be designed to accommodate 100 percent of the required residential parking. If the development is part of a mixed use development, nonresidential parking does not have to be accommodated by the parking structure.

3. Retail Space Provided on First Floor.
A density bonus of up to six dwelling units per acre may be granted if the first floor of the multiple-family development is designed to accommodate retail uses. If granted by the City Council, then nonresidential uses shall be allowed per the uses of the LR, Local Retail District.

4. Stoops.
A density bonus of up to three dwelling units per acre may be granted if units with direct access to the street are designed with stoops at least six feet above street level.

5. Public Art, Open Space, and Public Amenities.
A density bonus of up to six dwelling units per acre may be granted if public art, a plaza, or other public open space, or public amenities are provided on-site or off-site (e.g., within the right-of-way). Due to the varied nature of each project and the proposed level of public art, public open space, or public amenities, these element should have a substantial influence on the public realm.

C. Alteration of Dimensional Regulations to Allow Buildings with Density Bonuses.
The City Council may, upon application of the developer, vary any of the dimensional regulations (maximum height, maximum coverage, etc.) found in either Section 11-1-5.04 or 11-1-5.05 to permit a development to meet any approved density bonus.
Nonconformities
Intent of Provisions.
1. Existence of Nonconformities.
 
a. A nonconformity describes a use, structure, or lot that does not conform to the current standards of the Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

b. The City Council has determined that it is in the best interest of the City for Nonconformities to be brought into conformance with the Zoning Ordinance at the earliest reasonable time. The purpose of this Section 11-1-4.08 Nonconformities is to establish provisions for the allowance and potential alteration of uses, structures and lots that do not conform to currently applicable zoning standards or regulations.

c. Nonconformities occur in three general categories, or combination thereof.
 
i. Nonconforming Uses.
A nonconforming use can occur when an existing use is no longer allowed in a zoning district.

ii. Nonconforming Structures. A nonconforming structure can have a lesser setback, yard, or height lot area or dimension requirement than required by the Zoning Ordinance.

iii. Nonconforming Lots. A nonconforming lot can be nonconforming as to lot area or dimension requirements.

d. It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.
 
2. Incompatible Uses.
Nonconformities are hereby declared incompatible with the permitted uses in the districts involved.

Establishment of Legal or Illegal Nonconformities.
1. Legal Nonconformities.
 
a. Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the effective date of this Zoning Ordinance, at which time they were in conformance with applicable standards shall be considered "Legal Nonconformities."

b. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this section.

2. Illegal Nonconformities.
 
a. Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall be considered "Illegal Nonconformities."

b. Such uses, structures, or lots and shall be subject to the penalties established in § 11-1-1.06: Zoning violations.

Single-Family Residential Uses.
Previously conforming single-family residential uses on platted lots approved prior to the Zoning Ordinance effective date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Zoning Ordinance.

Existing Platted Lots are Conforming Lots.
Any existing vacant lot platted prior to the Zoning Ordinance effective date that was legally conforming shall be deemed a conforming lot.

Changing Uses. See § 11-1-4.08E for detailed information.
 
Expansion of Nonconforming Uses and Structures.
An expansion of a Nonconforming Use or Nonconforming Structure is allowed in accordance with the following.
1. Prohibited Expansion or Reoccupation.
A Nonconforming Use or Nonconforming Structure shall not be expanded, reoccupied with another Nonconforming Use, or increased as of the effective date of this Zoning Ordinance, except as provided in this section,  Expansion of Nonconforming Uses and Structures.

2. Nonconforming Use Expansion in Existing Building.
A Nonconforming Use may be enlarged, increased, or extended within an existing building provided:
a. No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition.

b. Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement value of the building.

c. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.

3. Nonconforming Use Prohibited from Expansion beyond Existing Building.
A Nonconforming Use located within any building shall not be extended to occupy any land outside the building.

4. 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 required by the Zoning Ordinance that was an official Lot of Record prior to the effective date may be used for a single-family dwelling.

5. Expansion of Nonconforming Structures with Conforming Uses.
Buildings or structures that do not conform to the area regulations or development standards in the Zoning Ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than 10 percent from the date when the building became nonconforming.

6. Reuse of Nonconforming Structure by Conforming Uses Allowed.
 
a. Nonconforming Structures that have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

b. If re-occupied by a conforming use, then the new conforming use shall meet the applicable parking (Section 11-1-6.02), and fire lane requirements for health, safety, and welfare reasons.
 
 
Movement of Nonconforming Structure. A Nonconforming Structure may be relocated within the same platted lot, and shall comply with all setback and screening requirements.
 
Nonconforming Use Created by Acquisition of Right-of-Way. See § 11-1-4.08L for detailed information.

See § 11-1-4.08: Nonconformities for more detailed information.
Off-Street Parking and Loading Requirements
Applicability.
1. No building or structure or part thereof shall be erected, altered, or converted for any permitted use unless vehicle parking is provided according to the following standards, or unless subject to an exception.

2. With the exception of the CB, Central Business District, vehicle parking shall be provided on the lot or tract, on an immediately contiguous lot or tract, or within 150 feet of such building or structure.

3. An established use lawfully existing at the effective date of this Zoning Ordinance need not provide any additionally vehicle parking to meet the requirements of the Zoning Ordinance; however, no existing vehicle parking in connection with a legal use may be reduced below the minimum number of spaces as hereinafter required.

General Requirements.
1. Parking Areas and Driveways.
Unless otherwise noted, parking areas and driveways shall be curbed, paved and maintained to the City specifications.

2. Parking Space Dimension (Standard).
In all zoning districts, all parking spaces shall not be less than nine feet by 20 feet.
 
Off-Street Parking Regulations.
1. In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.

2. Floor Area of a structure devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use.
 
Parking Requirements for New or Unlisted Use.
Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be determined by the Planning Division Manager as those of a similar use.

Circulation and Parking Requirements for all Nonresidential Developments.
1. Applicability.
The regulations provided in this section shall apply to all nonresidential development.

2. Parking Aisles.
Parking aisles shall generally be designed perpendicular to the front of the primary building in the development.

3. Wheel Stops or Bollards.
If curbs are not provided, then parking spaces that face and are adjacent to a building or required landscaped area shall utilize wheel stops or bollards within 12 inches from the end of the space.

Handicap Parking Space(s).
Handicap parking space(s) shall be provided according to all state and federal laws and regulations, as may be amended.

Parking Space Design Details.
Each standard off-street surface parking space size shall be in accordance with the design standards as shown on the following illustrations for space size and design. See § 11-1-6.02J for illustrations.

Vehicle Stacking Requirements. See § 11-1-6.02L for detailed information.
 
Platting The City shall not approve any Plat of any subdivision within the City Limits until the area covered by the proposed Plat has been zoned by the City Council, as described in Section 11-1-9.01 Zoning Upon Annexation.
Pollution Prevention
1. No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the Texas Commission on Environmental Quality (TCEQ) or its successor, the Texas Department of Health or its successor, and the Texas Railroad Commission or its successor.

2. No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of Texas Commission on Environmental Quality (TCEQ) or its successor.
Screening Requirements for Residential and Nonresidential Properties
A. Screening Required Between Nonresidential and Residential.
1. A masonry screening wall separating a nonresidential zoning district from a residential zoning district shall be required pursuant to this section except when deemed physically impractical by the City Council.

2. A required masonry screening wall shall be at least eight feet in height, but not more than ten feet, unless specifically permitted or required by this Section or unless approved by a PD, Planned Development District, Site Plan, or Specific Use Designation.

B. Responsibility for Constructing the Screening Wall.
1. When new construction abuts the boundary of an existing development, then the Developer of the new construction, regardless of whether the new construction is residential or nonresidential, shall erect the screening wall adjacent to the common property line with the existing development. The screening wall shall extend along the entire shared portion of the common property line.

2. The design and construction material of the screening wall shall be as specified in this Section.

C. Screening Walls for Loading Docks.
1. Nonresidential uses with loading docks or delivery entrances that front a Collector Street or Arterial Street shall be screened by a minimum eight-foot tall masonry screening wall to obscure views of loading docks and loading spaces.

2. Loading docks and delivery entrances within the LI, Light Industrial District and HI, Heavy Industrial District are exempt from the above requirement of  this Subsection C1, above.

3. The following standards apply if service or loading dock areas are adjacent to residential uses.
a. Service/loading areas shall be screened from view at a height of eight feet at the residential property line.
b. This eight-foot wall must screen the entire loading dock or space.
c. Screening materials shall utilize similar masonry materials to the building's façades.
d. Service/loading areas shall be located at the side or rear of buildings.

D. Screening Wall Materials.
1. Any screening wall required by this Section shall be constructed of the following materials:
a. Brick, stone, or split-face concrete masonry unit; or
b. Pre-cast concrete wall or poured-in-place concrete wall with a similar appearance as brick, stone or split-face concrete masonry unit.

2. All construction materials shall be earth-tone masonry colors including white.
a. Where a masonry screening wall is constructed of split-face concrete masonry units or pre-cast concrete or poured-in-place concrete with a similar appearance as brick, the decorative or split-face side of the wall shall face the adjacent residential properties or street.

b. An unfinished haydite block wall or a wall with non-earth-tone colors shall be prohibited.
c. Smooth-faced concrete masonry units shall not be permitted as a construction material for a screening fence.

Screening Wall Design.
1. If masonry is used on the main building, then all masonry walls shall be constructed with the same masonry materials as the main building.
2. The screening wall shall be designed and constructed to prevent any drainage or erosion problems.
3. A minimum five-foot wide screening fence maintenance easement shall be provided on all lots abutting the required screening along the full length of the required screening fence, unless separated by an alley.
 
Mechanical Equipment Screening Requirements for Nonresidential Properties.
1. General.
a. In all nonresidential development, all mechanical equipment whether ground-mounted, roof-mounted or otherwise attached to the building shall be screened from view.

b. Mechanical equipment areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence.

c. The location, construction, and screening of all mechanical equipment shall be shown on the Site Plan or design drawings.

2. Ground-Mounted Mechanical Equipment.
Ground-mounted mechanical equipment, with the exception of an electricity delivery provider's distribution equipment, shall be placed behind a screening wall or living screen (e.g., landscaping materials) equal to or greater than one foot above the height of the unit.

3. Roof-Mounted Mechanical Equipment.
a. Roof-mounted mechanical equipment shall be screened from view with a parapet wall, mansard roof or alternative architectural element.

b. The height of the screening element shall be equal to or greater than the height of the mechanical unit(s) provided that the element shall not extend more than six feet above the roof.

c. When the height of a mechanical unit exceeds the maximum permitted height of the screening feature, an additional roof setback for the unit shall be required at a ratio of two horizontal feet for each additional one foot of vertical height above the maximum six feet.

d. Screening for mechanical equipment shall apply to new building construction only.

Screening of Outdoor Waste Storage for Nonresidential, Single-Family Attached, and Multiple-Family Residential Properties.
1. General.
a. Waste storage areas housing refuse containers, dumpsters, and similar facilities shall be constructed, located, and screened to prevent interference with the peace, comfort, and repose of the occupants of any associated or neighboring building or residence.

b. The location, construction, and screening of all waste storage areas shall be shown on the Site Plan.

2. Screening Required.
Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be screened on three sides with a masonry screening wall that shall be constructed to a minimum height of one foot above the container height, but shall not exceed eight feet in height.
a. The container shall be screened by the masonry wall capable of screening the area.
b. The screening wall shall be similar to or extensions of the development's architectural design.

3. Incidental Use Requirement and Location Standards.
Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers that are used for waste disposal purposes shall:
a. Only be allowed as an incidental use; and
b. Only be allowed when located behind the building line established by the structure and not within any required landscaped area.
Temporary Uses of Land
Standards.
The following types of uses shall be allowed on a temporary basis by resolution approved by the City Council when it determines that the proposed temporary use will not be detrimental to the use of land in the established zoning district, according to the uses allowed by such district. The maximum time limit of such temporary use shall be one year, and the Council may impose any conditions it deems necessary to ensure that the conditions of construction or operation associated with the temporary use will not be inconsistent with the intent of the use of land according to the established zoning district. Land used as a roping arena as approved by the City Council shall have a maximum time limit of three years and any renewal process shall be subject to the same public hearing process and procedures described herein as for all other allowable temporary uses of land. Such temporary uses shall not be considered as established uses of land when approved as provided herein. Therefore, the procedures applicable to re-zoning of properties shall not apply, except that a single public hearing shall be held by the City Council, with prior notice to owners of property within 200 feet of the proposed location, a minimum of ten days before such hearing, prior to approval of such temporary use, if the period of use will extend in excess of one calendar day (except in the case of a mobile food vendor, as provided within this section) or the use is located within any residential zoning district or is located within 1,000 feet of any residential zoning district. All buildings or other structures which are erected or located on the property in connection with the temporary use shall be removed not later than two days after the same time period for which the use is approved as set forth in the resolution, or sooner if specified in the conditions of approval.
 
1. Carnival, fair, circus or amusement facility or function.

2. Asphalt or concrete batching plant.

3. Seasonal fruit, vegetable, plant or Christmas tree sales.

4. Religious or cultural observance or performance.

5. Mobile food vendors at fixed location.
a. A mobile food vendor shall be considered to have a fixed location any time it operates four or more consecutive days at one location.

b. Mobile food vendors at a fixed location shall be connected to an individual electric meter, shall not be connected to water or sewer lines, and shall only be located on a paved surface or other similar type surface in zoning districts that allow restaurants. The mobile food vendor structure shall either be anchored to the ground or mounted on wheels and shall be wired in metal conduit. Mobile food vendors shall not sell alcoholic beverages.

c. The following shall be submitted with all applications for Mobile Food Vendors at Fixed Locations:
i. Health Department certificate.

ii. If no restroom is provided by the mobile food vendor: a letter from a business whose entrance is within 500 feet from the proposed location granting restroom access for the mobile food vendors' employees; hours of operation shall not exceed said businesses' hours of operation.

iii. A site plan for all proposed locations showing: a minimum of three paved parking spaces in addition to the parking spaces required for the business upon whose property the mobile food vendor is located, building setbacks in accordance with the zoning district, proposed signage, and distances from the mobile food vendor to all driveways on the property.

iv. A letter of permission from the owner of the property on which the mobile food vendor proposes to locate.
 
6. Roping arenas.

7. Freight containers.

8. Any temporary activity involving outdoor music after 10:00 p.m. or that includes the sale of alcoholic beverages.

9. Outside sale of dogs.

The following shall be submitted with all applications for temporary land use permits for the outside sale of dogs.
 
a. A letter from the property owner stating that the applicant is allowed to sell dogs between the times of 9:00 a.m. and 6:00 p.m. on the said date(s) on the said property;

b. Veterinary records showing that each dog to be sold has its rabies vaccination;

c. Proof that each dog to be sold has had its Distemper/Parvo vaccination, and its Bordetella vaccination;

d. Each dog to be sold will be required to have a current City license. See Section 6-2-7, of the City Code of Midland, Texas, for license requirements;

e. Each dog to be sold must be spayed or neutered;

f. Each dog to be sold will require prior inspection by the Director of Animal Services or his designee. The inspection will verify the general health of the dog, and compliance with requirements {of} Subsections 9.d and 9.e above.

g. The applicant must display the temporary land use permit in a location that can be seen by customers;

h. The applicant must provide a City of Midland Animal Services Information Packet with each dog that is sold. The packets will be issued to applicant at the time the permit is issued;

i. The applicant must provide adequate water and shelter for the dog during all times that said dog is on the premises of the sale;

j. The temporary land use permit for the outside sale of dogs shall be subject to the prescribed fees set forth in the adopted Fee Schedule. This fee does not apply to or affect any other temporary land use permit but only applies to a permit for the outside sale of dogs.

k. The issuance of any temporary land use permit for the outside sale of dogs by the City of Midland does not constitute any assumption of liability by the City of Midland regarding the dog(s) to be sold or any occurrences taking place on the premises of the sale. The City of Midland assumes no liability and makes no representations that the dog(s) to be sold are fit for any particular purpose.
 
10. Any temporary activity determined to be of a similar nature by the City Council.

Miscellaneous.
1. A review fee as set forth in the adopted Fee Schedule shall accompany each request for approval of a temporary use as described above.

2. For purposes of this subsection the term "one day" shall have the following meaning: A time period which begins no earlier than 8:00 a.m. and ends no later than 10:00 p.m. on the same day.
Uses with Flammable, Toxic and Hazardous Materials
1. The storage, manufacture, utilization, or dispensing of substances that may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code.

2. The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, 50 percent of the limit of such as is given in "Threshold Limit Values" as adopted at the most recent International Fire Code and International Building Code.

3. No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way.

4. The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the City Manager as a part of the Building Permit application and shall be based upon the requirements of the International Fire Code and International Building Code.
Zoning Violations
Any person, firm, corporation, or other entity who violates, disobeys, or otherwise fails to comply with or who resists the enforcement of any of the provisions of the Zoning Ordinance shall be fined not more than $2,000.00 for each violation. Each day that a violation exists shall constitute a separate and distinct offense.