§ 27-15.1. "TX 10" Texas Highway 10 Multiuse District.

Latest version.

(a)

Purpose of district. The Texas Highway 10 Multiuse District is intended to permit concentrated growth along the north and south sides of Texas Highway 10 with the development of business, industry and compatible support activities that maximize the potential for job growth, increase property values, and enhance the city's urban image along the state Highway 10 corridor. It specifically encourages those uses that will stimulate work force expansion, optimize employee to customer ratios, maximize the economic use of available land and encourage the redevelopment of land. It specifically discourages those uses which provide for marginal increases in job growth, promote idle land, and detract from the image enhancement intentions of this district.

(b)

Permitted uses. The following are the only permitted uses within the Highway 10 Multiuse District and are subject only to the general conditions of this section and such other sections as are applicable:

(1)

Accessory use or structure;

(2)

Antique sales;

(3)

Automotive maintenance and repair;

(4)

Bank, savings and loan, or credit union;

(5)

Cafe, restaurant or cafeteria;

(6)

Clinic;

(7)

Convenience store;

(8)

Commercial amusement (indoors);

(9)

Drive-in eating establishment;

(10)

Drive-through eating establishment;

(11)

Hospital;

(12)

Hotel or motel;

(13)

Manufacturing, processing, fabrication and assembly;

(14)

Movie theaters;

(15)

Personal service shop;

(16)

Pharmacies;

(17)

Print shops;

(18)

Professional office;

(19)

Radio, television or microwave tower, as an accessory use or structure only to a primary use;

(20)

Railroad or bus passenger station;

(21)

Railroad right-of-way;

(22)

Research and development laboratory;

(23)

Retail sales and services;

(24)

School (vocational/technical);

(25)

Service station;

(26)

Shopping center;

(27)

Spas, health studios, fitness centers;

(28)

Service establishment;

(29)

Specialty shops;

(30)

Warehousing and enclosed storage as an accessory use;

(31)

Wholesale display and sales.

(c)

Planned development uses. The following uses are permitted in the Highway 10 Multiuse District subject to the general conditions, regulations contained in this section, other sections as may be applicable, and regulations or conditions as may be imposed by the planned development application and the accompanying site plan and ordinance adopting such site plan: Electronic-cigarette sales, tattoo studio, outdoor automotive and equipment sales, multifamily residences, lodges, civic clubs, fraternal organizations, day care, churches, veterinary clinics, contractor services, electrical power substations, theme parks, and pawn shops. Other planned development uses may be considered if they meet the general purpose of the Texas Highway 10 Multiuse District.

(d)

General conditions.

(1)

Area requirements:

Minimum lot size. Every lot within this zoning district shall be at least twenty-two thousand five hundred (22,500) square feet in area.

Minimum lot width: Every lot within this zoning district shall be at least one hundred thirty (130) feet in width, measured at the front building line.

(2)

Yard requirements:

Front yard. Every building within this district shall have a minimum front yard setback of thirty (30) feet from the property line adjacent to a public street right-of-way, provided however, a twenty (20) foot front yard setback is allowed if the entire front yard is landscaped open space area.

Side yard. Every building within this district shall have a minimum side yard setback of ten (10) feet from adjacent property lines, provided however, a minimum twenty (20) foot side yard setback is required from the property line adjacent to a public street right-of-way.

Rear yard. Every building within this district shall have a minimum rear yard setback of ten (10) feet from adjacent property line, provided however, a minimum twenty (20) foot rear yard setback is required from the property line adjacent to a public street right-of-way.

Adjacent to single-family zoned property. Every building within this district built on property adjacent to single-family zoned property shall have a minimum setback of two (2) feet in distance from the adjacent single-family zoned property line for each one (1) foot of building height.

Adjacent to multifamily zoned property. Every building within this district built on property adjacent to multifamily zoned and used property shall have a minimum setback of one (1) foot in distance from the adjacent property line for each one (1) foot of building height.

Outside storage. No outside storage shall be allowed within twenty-five (25) feet of the common property line of single-family zoned property.

(3)

Height restrictions: No building in this district shall exceed sixty (60) feet in height, provided however, no building in this district shall exceed one (1) story of twenty (20) feet in height when such structure is located within one hundred twenty (120) feet of property zoned for single-family dwelling purposes.

(4)

Outside activities and uses.

Outside display and sales of new merchandise is permitted as an accessory use in view from Texas Highway 10, provided, however, said area shall be located no closer to any public street than any wall of the main structure and shall not extend into any yard area required by this chapter and said area shall be directly adjacent to the main building and not exceed twenty (20) percent of the building area of the principal use.

All materials storage of waste materials, vehicles, equipment, raw materials, construction materials and salvaged materials or finished product storage is permitted as an accessory use behind the front of the building and shall be screened from view of all adjacent property, alley right-of-way and public street right-of-way.

All outside storage and activity areas shall be paved with an all-weather surface such as concrete, asphalt or pavers and no materials may be stacked or stored to a height greater than the height of the screening wall or fence.

(5)

Screening.

Screening fence and wall requirements. Where required, screening fences and walls shall be erected to a height or not less than six (6) feet in height nor greater than eight (8) feet in height unless otherwise provided. Such screening fence or wall shall be permanently and adequately maintained by the owner of the property on which the fence is required to be erected. Only the following types of walls or fences shall qualify as a screening fence or wall required by this zoning district.

Masonry wall or fence. Masonry fences or walls shall be constructed with the finish side out and of any of the following materials: Native stone, brick, prestressed concrete panels with decorative finish or decorative concrete masonry units. In no case shall more than twenty-five (25) percent of the area of the fence be erected with common smooth-face masonry units.

Ribbed metal panel fence. Suitably finished to blend with the primary structure and supported by a structurally sound metal frame.

Galvanized metal chain link fence with slats. Constructed of metal posts placed in concrete footings, galvanized metal fabric, and metal bracing between each post attached at the top, middle, and bottom of the fence with the addition of metal slats into the fabric in a manner so as to make the fence an opaque screen which blocks the view of the storage area and its contents.

Conditions and requirements:

Screening of outside storage and activity areas. All outside activities and uses including loading docks, outside storage of materials and supplies shall be screened from all adjacent property. Such outside activities or storage areas shall be screened from all public streets, alleys, medical uses, hotels, motels, and shopping centers by a solid masonry fence or wall.

Screening required next to residentially zoned districts. All uses within this district shall provide a masonry screening wall not less than six (6) feet in height, erected along the entire length of the common property line between this district and all property zoned for single or multi-family uses unless said masonry fence was constructed previously by the residential development.

Access to screened storage areas. An opening adequate in width to permit vehicular traffic shall be permitted. Said opening shall be equipped with gates capable of screening the outside activities and uses from view when closed and such gates shall not be designed to swing into the front or side street yard.

Screening of loading docks. All loading docks shall be located at least fifty (50) feet from Highway 10 and be screened from view of Highway 10 by a masonry screening fence or wing wall.

Screening of refuse storage areas. All refuse facilities shall be screened from view from public streets and adjacent property by a masonry fence no less than six (6) feet in height. No refuse storage area may be located closer than twenty-five (25) feet to any property zoned for single or multi-family purposes.

Screening of refuse containers. A solid masonry fence not less than eight (8) feet in height shall be provided for all refuse containers in view from any public street. A solid wood or metal gate is required on one (1) of the four (4) sides of the screening fence for the purpose of access.

Screening of roof-mounted equipment. All roof-mounted equipment which rises above the roof line of any building or structure shall be screened from view of any public street with a building material consistent and compatible with the building.

Screening of meters and utility devices. All storage tanks, pad-mounted utility equipment, gas meters, transformers, ventilation, air-conditioning equipment and maintenance facilities shall be screened.

(6)

Exterior wall surfaces.

All buildings hereafter erected shall maintain an exterior wall surface in accordance with the following "Minimum Masonry Table."

Minimum Masonry Table

Total Floor Area of Structure (square feet)	Minimum percentage of wall area to be masonry
Less than 50,000	80 percent of all exterior walls
50,000 to 100,000	40 percent of all street facing walls
More than 100,000	20 percent of all street facing walls

The area of any exterior wall subject to the minimum masonry requirement shall be measured by applying the minimum percentage of wall area, including the entire width and height of the wall from the finished grade to the roof line, excluding windows and doors. Insets, such as porch ways and breeze ways shall also be subject to minimum masonry requirements.

Only the following materials shall be considered as meeting the masonry requirements of this zoning district: Natural stone, brick, prestressed concrete panels, stucco, and/or concrete masonry units of the following types: Split-face, fluted, castle rock, shadow rock, scored and/or glazed (common smooth-face masonry units are specifically prohibited unless used in combination with other types of concrete masonry units and do not exceed twenty-five (25) percent of the area covered by concrete masonry units).

(7)

Parking and loading. All uses within this district shall be required to meet the off-street parking requirements as contained in section 27-20 except for the following conditions and/or requirements:

Sections of 27-20 excluded. Conditions and regulations contained in section 27-20 but excluded from the Highway 10 Multiuse District include:

Section 27-20(d)(4).

Section 27-20(d)(6).

Section 27-20(e)(6).

Section 27-20(e)(7).

Section 27-20, Table 20-3.

Space standards:

(1)

A space nine (9) feet by eighteen (18) feet with unobstructed access to a public street shall be deemed to be a parking space for one (1) vehicle.

(2)

Table 20-2 is incorporated in and made part of these regulations and shall be used in determining capacity of off-street parking areas.

(3)

Unless otherwise specified, a space twelve (12) feet by thirty (30) feet with a clear height of fourteen (14) feet, and with unobstructed access to a public street or private drive, shall be deemed to be loading space for one (1) vehicle.

Table 15.1-1.

Highway 10 Multiuse District
Off-street Parking Requirements

Use	Number of Parking Spaces	Required for Each
Drive-in eating establishment	1	50 square feet of floor area
Drive-through eating establishment	1	100 square feet of floor area
Cafe, restaurant or cafeteria	1	100 square feet of floor area
Service station	1	125 square feet of floor area
Personal service shop	1	200 square feet of floor area
Service establishment	1	200 square feet of floor area
Specialty shop	1	200 square feet of floor area
Clinic	1	200 square feet of floor area
Veterinary clinic	1	200 square feet of floor area
Lodges, civic clubs, fraternal organizations	1	200 square feet of floor area
Retail sales	1	250 square feet of floor area
Commercial amusement (indoor)	1	250 square feet of floor area
Shopping center	1	250 square feet of floor area
School (vocational/technical)	1	250 square feet of floor area
Spas, health studios, fitness centers	1	250 square feet of floor area
Railroad or bus passenger station	1	250 square feet of floor area
Wholesale display and sales	1	250 square feet of floor area
Meeting room within hotel or motel	1	250 square feet of floor area
Contractor services	1	250 square feet of floor area
Professional office	1	300 square feet of floor area
Bank, savings and loan, credit union	1	300 square feet of floor area
Research and development laboratory	1	500 square feet of floor area
Outdoor display and sales	1	500 square feet of floor area
Automotive repair	1	500 square feet of floor area
Day care	1	500 square feet of floor area
Manufacturing, processing, fabrication, assembly and distribution	1	1,000 square feet of floor area
Accessory warehousing and enclosed storage	1	3,000 square feet of floor area
Hospital	1.5	Bed
Hotel or motel	1	Guest room
Residence hotel	1	Guest room
Multifamily residence	2	Dwelling unit
Church	1	4 seats in sanctuary or auditorium

(8)

Sign regulations. Subject to the general conditions of section 27-22.

(9)

Landscaping requirements.

Purpose. The purpose of this section is to describe the general conditions and requirements which will improve the appearance of certain setbacks, yard areas, off-street vehicular parking area, protect and preserve the appearance, character, and value of the surrounding area in order to promote the general welfare by providing for the installation and maintenance of landscapes for screening and other public benefits.

Landscaped buffer strip. All lots within this district will be required to maintain a landscape buffer strip exclusive of approved driveways for ingress and egress, along Highway 10, and any dedicated streets which intersect Highway 10. The landscaped buffer strip shall have a width of ten (10) feet located on the site plus the space located between the street right-of-way and the edge of street paving. The quantity of trees required shall be based on providing the number of trees equal to one (1) tree of at least three (3) inches in caliper and twelve (12) feet in height at initial planting for every twenty-five (25) feet of frontage. Said trees shall be installed in the landscape buffer strip based on the attached approved plant list.

Landscaped parking lots. In addition to a required landscaped buffer strip, all lots that provide parking in front of the main building adjacent to Highway 10 and any dedicated streets which intersect Highway 10 will be required to provide an open space landscaped area equal to or greater than twenty-five (25) square feet for each parking space provided in the front yard. The quantity of trees required in the landscaped parking lot areas shall be one (1) tree for each two hundred fifty (250) square feet of open space landscaped area provided. All landscaped areas shall be a minimum of four (4) feet wide and be protected by a monolithic curb and remain free of trash, litter and car bumper overhangs. All landscaped areas shall be provided with a fully automatic or manual underground irrigation system.

Property adjacent to railroad right-of-way. If the rear of the lot adjacent to the common property line and right-of-way line of the OK & T RR right-of-way is used for any outside activities a ten-foot landscaped buffer strip shall be established. The landscaped buffer strip shall be protected by a monolithic curb, irrigated with a fully automatic or manual underground irrigation system and planted with trees located twenty-five (25) feet on center.

Outdoor storage adjacent to single-family property. If the lot adjacent to the common property line of single-family zoned property is used for any outside storage activities a ten-foot landscaped buffer strip shall be established adjacent to the common property line with the single-family zoned property. The landscaped buffer strip shall be protected by a monolithic curb, irrigated with a fully automatic or manual underground irrigation system and planted with a solid evergreen hedge maturing to a height greater than seven (7) feet.

Credit for existing trees. An existing or planted tree of at least six (6) inches in diameter and at least fifteen (15) feet in height shall be considered as two (2) trees for purposes of satisfying this requirement. Existing trees to be preserved shall be protected during construction and the area under its branches shall be left permeable. All newly planted trees shall be planted in a permeable area no less than four (4) feet in diameter.

Landscape plan: A landscape plan shall be prepared and submitted to the city for processing and approval. The landscape plan shall be drawn to a scale large enough to adequately show the details of the plan. The drawings shall consist of plans and/or elevations plus detailed plans of any elements such as walls, fountains, raised planters, berms, etc. Specific items which shall be shown include:

Location of all trees to be preserved.

Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features;

Species of all plant material to be used;

Size of all plant material to be used;

Spacing of plant material;

Layout and description of irrigations, sprinkler or water systems including placement of water sources;

Description of maintenance provisions for the landscape plan;

Person(s) responsible for the preparation of landscape plan. Accompanying the plan will be a set of specification which will include the following:

(i)

Common and scientific names of all plant materials.

(ii)

Size and quantity of plant materials.

(iii)

Specifications for developing all supporting site elements.

Installation of landscaping. Except as otherwise provided, all landscaping must be completed in accordance with the approved landscape plan before a certificate of occupancy may be issued for any building on the lot. If the property owner provides the building official with documented assurance that the landscaping will be completed within six (6) months, the building official may issue one (1) six-month temporary certificate of occupancy and permit the property owner to complete landscaping during the six-month period.

Maintenance. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size.

Conflict with traffic: Where the rigid enforcement of these landscaping requirements will result in conflict with visibility requirements of traffic circulation on or adjacent to the site, the requirements of providing visibility shall override the landscape requirements.

Plant material. Plant material which may be used which complies with the requirements of this chapter include:

Trees. Trees referred to in this section shall be of a species common to this area of Texas, and shall have an average spread of crown of greater than fifteen (15) feet crown of spread. Trees shall be of a minimum of twelve (12) feet in height with a three (3) inch caliper at time of planting. Acceptable species include the following:

Bald Cypress	Taxodium distichum
Cedar Elm	Ulmus crassifolia
Lacebark Elm	Ulmus parvifolia
Pecan	Carya illinoinesis
Chinese Pistache	Pistacia chinesis
Bur Oak	Quercus macrocarpa
Southern Red Oak	Quercus falcata
Texas Red Oak	Quercus texana
Chinkapin Oak	Quercus muehlenbergii
Shumard Oak	Quercus shumardii
Sweet Gum	Liquidambar styraciflua
Green Ash	Fraxinus pennyslvanica
Live Oak	Quercus virginiana
Western Soapberry	Sapindus drummondii
Black Jack Oak	Quercus marilandica
Eastern Red Cedar	Juniperus virginiana
Southern Magnolia	Magnolia grandiflora
Slash pine	Pinus elliotii
Japanese Black Pine	Pinus thunbergi
Afghan Pine	Pinus eldarica
Mexican Plum	Prunus mexicana
River Birch	Betula nigra
Bradford Pear	Pyrus calleryana "Bradford"
Chaste Tree	Vitex agnus-castus

Shrubs and hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one (1) year after time of planting. Acceptable species for shrubs include the following:

Dwarf crape myrtle	Langerstroemia indica nana
Dwarf buford holly	Illex cornuta "barfordii nana"
Fraser's photinia	Photinia Fraseri
Purple leaf japanese	Berberis thumbergil "Atropurpurea"
Pampus grass	Cortaderia selloana
Juniper cupp.	Juniperus chinesis barberry

Acceptable species for a solid evergreen hedge include the following:

Elaeagnus	Elaeagnus macrophylla
Burford Holly	Ilex cornuta "Burfordi"
East Palatka Holly	Ilex x attenuata "East Palatka"
Foster Holly	Ilex x attenuata "Fosteri"
Nellie R. Stevens	Ilex "Nellie R. Stevens"
Yaupon Holly	Ilex vomitoria
Chinese Photenia	Photenia serrulata
Frasers Photenia (red tip)	Photenia fraseri
Pyracantha	Pyracantha spp.
Cherry Laurel	Prunus caroliniana
Japanese Ligustrum	Ligustrum japonicum
Glossy Privet	Ligustrum lucidum
Eastern Red Cedar	Juniperus virginiana
Hetzii Juniperus	Juniperus chinensis "Hetzii"

(e)

Planned development regulations.

(1)

Purpose. The purpose and intent of the planned development regulation is to establish general conditions and other development standards for listed planned development uses, existing nonconforming buildings and sites, and permit the modification of specific general conditions or other development standards for new permitted uses in a manner so as to implement the purpose and intent of this chapter and to better serve community needs and reduce the demand on community facilities. The use of this section of the chapter shall require the approval of a site plan as defined in subsections 27-16(d) and (e).

(2)

Effects of planned development. Property may be developed under the planned development regulations when the following conditions exist.

Existing nonconforming buildings and sites. When an existing property does not conform to the general conditions of the Highway 10 Multiuse District the following conditions shall not apply except as specifically imposed by the site plan and ordinance adopting such site plan.

Minimum lot size

Minimum lot width

Yard requirements

Height restrictions

Outside activities and uses

Screening

Exterior wall surfaces

Parking and loading

Signs

Landscape requirements

The construction of new facilities for uses listed in the permitted uses section of this chapter may be constructed without conforming to the general conditions listed below, provided the nonconformance to any specific general condition is mitigated by another general condition, except as specifically imposed by the site plan and ordinance adopting such site plan. The general conditions for which compliance is not required, provided such noncompliance is mitigated by another general condition, include:

Lot size

Lot width

Building height

Exterior building materials

Parking

Signage

Landscaping

The construction of the planned development uses listed in the Highway 10 Multiuse District shall conform to the general conditions listed in this district and other conditions as specifically imposed by the site plan and the ordinance adopting such plan.

(Ord. No. 1344, § 2, 10-8-91; Ord. No. 1893, § 3, 11-25-03; Ord. No. 2034, § 1, 10-23-07; Ord. No. 2315, § 6, 4-12-16)

                    
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