HomeMy WebLinkAboutO-2008-1501-C6 amend Ch 106-maximum height restrictions
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Mav 19 2008
Requ..ted By: Tim Tietjen, \Yf- <f'-k
Department: Planninl!
Source of Funds:
NA
Account Number:
NA
Amount Budgeted: NA
Report: _Resolution: _Ordinance:_X_
Exhibits:
P&Z Staff Report
Ordinance 1501-
Amended Commercial Table
SUMMARY
The current discussion was precipitated by the location of the Quality Inn Hotel under construction along
Fairmont Parkway at Driftwood. This prompted the Planning and Zoning Commission and Staff to review
the ordinance requirements pertaining to hotels/motels located in General Commercial (GC) zoning
districts when adjacent to residential zones within the City. City Council, at the July 23, 2007, meeting,
approved an ordinance amending the Code of Ordinances of the City of La Porte, Section 106-441, Table
A, Commercial Uses, by making Hotels and Motels located within General Commercial zoning districts a
"Conditional Use" when adjacent to residential zoned districts.
Currently, under Sections 106-443, Table B, Commercial Area Requirements, the maximum allowable
height for structures is not applicable. When a commercial property is adjacent to residential zoned
districts, screening/buffering and landscaping are required. The building setbacks are Front 20', Rear 20',
and Sides 10' adjacent to residential uses. A 20' rear setback area requires screening from view of
adjoining residential buildings in compliance with Section 106-444(a) of the Code of Ordinances.
Landscaping/screening should create an opaque fence with plant height reaching at least eight feet within
two years from the time of planting trees/shrubs in the rear setback or landscape easement.
The Planning and Zoning Commission directed staff to consider proposed amendments to the Zoning
Ordinance (Chapter 106), Section 106-443; Table B., Commercial Area Requirements to amend, change
or modifY the maximum allowable height for structures when abutting low density residential properties.
After a workshop and public hearing at the April 17, 2008, meeting, the Planning and Zoning
Commission, by a unanimous vote, forwarded their official position for action by City Council that "the
maximum allowable height for structures within commercially zoned properties located within 120 feet of
residentially zoned properties is 30 feet". In order to further clarifY the classification, it was subsequently
recommended that maximum allowable height for structures within R-2 & R-3 zoned properties located
within 120 feet ofR-l & LL zoned properties also be 30 feet.
Action Required bv Council:
I. Conduct a Public Hearing
2. Consider Planning and Zoning Commission recommendation to approve an ordinance
amending Chapter 106 (Zoning) to add the maximum height restriction for commercially
zoned and high density residentially zoned properties when adjacent to low density
residentially zoned properties.
Ron Bottoms, City Manager
~ 1C18
Date
Staff Report
April!7, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Backe:round:
The Planning and Zoning Commission has asked staff to discuss the possibility of adding
height restrictions for commercial uses of properties which abut residential
neighborhoods. This was precipitated by the recent discussion of rezoning tracts or
parcels of land from General Commercial (GC) to Neighborhood Commercial (NC)
along Fairmont Parkway, at the Commission's workshop meeting on January 17,2008.
The concerns over the location of the hotel under construction along Fairmont Parkway at
Driftwood prompted the Planning and Zoning Commission and Staff to review the
ordinance requirements pertaining to hotels/motels located in General Commercial (GC)
zoning districts when adjacent to residential zones. City Council, at the July 23, 2007,
meeting, approved an ordinance amending the Code of Ordinances of the City of La
Porte, Section 106-441, Table A, Commercial Uses, by making Hotels and Motels
located within General Commercial zoning districts a "Conditional Use" when adjacent
to residential zoned districts.
Several years back, City Council directed the Planning and Zoning Commission to
consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-333;
Table B., Residential Area Requirements, Section 106-443; Table B., Commercial Area
Requirements and Section 106-522; Table B., Industrial Area Requirements to amend,
change or modify the maximum allowable height for structures within those zones. Staff
presented this item to the Planning and Zoning Commission for their discussion and
eventual recommendations to City Council for the changes to the Code of Ordinances
relating to maximum allowable heights for structures.
The Planning and Zoning Commission, at the November 18, 2004, meeting, forwarded
their official position that the maximum height of 45' remain intact. City Council, at the
February 28, 2005, meeting, with a super majority vote, approved an ordinance to remove
the maximum height of 45' from commercial and industrial development requirements.
Existine: Reauirements:
Zoning - Under the Sections listed above, the maximum allowable height
for structures are:
Residential
· Single Family detached---
· Single Family large Lot---
35 feet
45 feet
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 2 of 4
. Single Family Special Lot- 35 feet
. Duplexes--------------------- 45 feet
. Single Family Converted-- 35 feet
. T ownhomes/Quads--------- 45 feet
. rvfultifamily------------------ 45 feet
. rvfanufactured Housing ---- 25 feet
CommerciallIndustrial
· Neighborhood Commercial-------N/A
· General Commercial--------------- NI A
· Business Industrial-----------------NI A
· Light Industrial---------------------NI A
. Heavy Industrial--------------------N/A
NOTE: Shipping Containers are governed by a separate ordinance
which establishes the maximum stacking to be four (4) containers
regardless of height.
Analvsis:
Definition:
· The vertical distance of a building measured from the average elevation of the
finished grade within twenty feet of the structure to the highest point of the roof.
or
· An average between the peak of the roof and the base of the roof.
Building heights usually exclude penthouses containing mechanical equipment such as
air conditioning or elevator equipment and church spires, water towers, radio antennas,
etc. The provision for measuring the finished lot grade within 20 feet of the structure is to
prevent the deliberately building up of a portion of the site on which the building will sit
in order to permit an additional story to be constructed.
The La Porte Fire Department has equipment that can reach up to 100' in elevation. A
rule of thumb used by the fire department when employing this equipment is 7 stories or
70 feet (10 feet per story) given that positioning of the equipment when fighting a fire
will not be ideal. Fire protection regulations for this situation mandated a total sprinkler
system including the attic. All similar buildings attaining this height would require this
protection. Coordination with the fire department shows that as long as the building has a
sprinkler system, this reduces their concern. In addition, Surveys of surrounding cities
shows that a majority do not regulate a maximum height.
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 3 of4
Case Study#l
Holiday Inn Express - in operation
· Location - 401 West G Street and South 8th Street adjacent to the Best Western along
State Highway 146.
· Zoning - General Commercial (GC) surrounding zoning general commercial and
adjacent to commercial uses.
· Room/story - 61 rooms & 4-story
· Height - the peak of 60' -61/4" and a base of 41 ' -11" for an average of about 51 feet;
six feet over the allowed height.
Case Study#2
Quality Inn - under construction
· Location - 11003 Fairmont Parkway at Driftwood Drive
· Zoning - General Commercial (GC) adjacent to Fairmont Park East Subdivision
(single-family residential)
· Room/story - 85 rooms & 3-story
· Height - the peak of 46' and a base of 41 'for an average of about 43'-5"; below the
45' maximum height.
The exact reason for establishing the maximum height for buildings within the City at 45
feet is not known. Discussion of fire protection and the general blocking of view were
offered as possible reasons. Given the economic challenges to development posed by in-
fill lots and the reduced dimensions of available land, commercial developers are
beginning to seek relief from the height requirement to make their project more
economically feasible. Adding additional stories to buildings compensates for the
reduction of footprints at the base of the building to allow room for required parking,
landscaping and maneuvering isles. Viewing economic development as a priority, the
Planning and Zoning Commission is requesting a review of the issue.
Planning & Zoning Commission
April 17, 2008
Maximum Height Restrictions
Zoning Ordinance Amendment
Page 4 of 4
Recommended Requirements:
· Since family/residential structures are habitually not sprinklered, Staff, at this
point, recommends residential use requirements as currently presented in the
Code of Ordinances regarding maximum allowable heights remain intact.
· Commercial/Industrial maximum height requirements are not applicable.
· Maximum height restrictions of 45'or whichever appropriate shall be reinstated
for commercial developments when adjacent to residential zoning districts.
Conclusions:
The footprint of remaining land in the commercial and industrial zones of the City, due to
shape and size, is becoming more restrictive to development. Economic development is
one of the highest priorities. The factors promoting economic development, however,
must be balanced with factors of 'safe' development.
Given that the LPFD has no issues with maximum heights of building (with building and
fire codes remaining current and updates approved); and since the Fire Code and the
International Building Codes are both restrictive on the heights of buildings in light of
other considerations on a case-by-case basis, the City Staff feels that it is in the best
interests of the City of La Porte to retain the stated height restrictions for residential and
no height restrictions for commercial/industrial properties. In addition, the maximum
height restriction of 45 feet, for commercial developments, when adjacent to residential
zoning districts, may be reinstated. Staff believes that this measure represents an
equitable balance between economics, safety, and welfare of the community.
Actions available to the Commission are as follows:
· Recommend to Council approval for proposed amendment to the Zoning
Ordinance pertaining to the maximum height restrictions for commercial
developments adjacent to residential zoning districts as stated above.
· Recommend to Council approval of a revised version of the above.
· Recommend to Council denial for the above amendment.
· Table this item for further consideration by the Commission.
ORDINANCE NO.1501-~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY AMENDING ARTICLE III.
"DISTRICTS", DIVISION 3 "COMMERCIAL DISTRICT REGULATIONS",
SUBDIVISION I, "GENERALLY", BY ADDING FOOTNOTE #9 TO SECTION 106-443,
TABLE B, "COMMERCIAL AREA REQUIREMENTS" , PERTAINING TO MAXIMUM
HEIGHT RESTRICTIONS FOR STRUCTURES LOCATED WITHIN 120 FEET OF
RESIDENTIALLY ZONED PROPERTY; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 1 ih day of April 2008, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible changes to Chapter
106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is
attached to this Ordinance as Exhibit "A", and incorporated by reference herein and
made a part hereof for all purposes, a copy of Notice of Public Hearing.
Section 2.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
Section 3.
Immediately following such public hearing on April 17, 2008, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning
Ordinance of the City of La Porte, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated April 21, 2008, a true
ORDINANCE NO. 1501-ft
Page 2
copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein
and made a part hereof for all purposes.
Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed changes to the ordinance and the recommendation of
the Planning and Zoning Commission on the 19th day of May, 2008, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible changes to the ordinance. There is attached to this
Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing.
Section 5.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission regarding the
amendments to the Zoning Ordinance by adding footnote #9 to Section 106-443, Table
B, "Commercial Area Requirements", to read as shown on Exhibit "F", attached hereto
and fully incorporated in this ordinance as if set forth herein verbatim.
Section 7.
The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Ordinance as amendments
thereto are desirable and in furtherance of the goals and objectives stated in the City of
La Porte's Comprehensive Plan.
Section 8.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
ORDINANCE NO. 1501-~
Page 3
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 9.
This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the j* day Of~
,2008.
CITY OF LA PORTE
~L,?~
By:
ALTON PORTER, Mayor
ATTEST:
By: LfhlWk ~
MARTHA GILLE T, City Secretary
APPROVED:
r~
RK ASKINS, Assistant City Attorney
ZOA 08-01
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day
of April, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider amending or modifying the City of La Porte Code
of Ordinances Section 106-443, Table B, commercial area requirements, to impose maximum
allowable height restrictions for structures located within commercial zoning districts when
adjacent to residential zoning districts.
A regular meeting of the Planning and Zoning Commission will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-47/-5020 OR TDD LINE 281-47/-5030 FOR
FURTHER INFORMA TION.
EXHJBJT A
820 S. 8th Street
La Porte, Texas 77571
The B ~
281-471-1234
Fax 281-471-5763
p' re SUD
RE: PUBLIC NOTICE
Sec. 106-171
La Porte Planning
& Zoning Commission
Amending or Modifyinl
See 106-443
Before me, the undersigned authority, on this date cq~o,~
appeared Adam Yanelli, a duly authorized representativl~
Bayshore Sun, a semi-weekly newspaper published and'
distributed in the City of La Porte, Harris County, Texas:
after being duly sworn, swears the attached notice was put
The ~ ysho ,Su ated 3/30/08
City of La Porte
County of Harris
State of Texas
.
Sworn and subscribed before me this 30th
March ,2008.
~Ju~
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
EXHJBJT 6
City of La Porte
Established 1892
April 21, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Maximum Height Restrictions
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on April 17,
2008, held a public hearing to consider amendment to the Zoning Ordinance pertaining
maximum height restrictions, by amending Division 3, Commercial District Regulations,
Subdivision I, Generally, and by adding a footnote #9 to Section 106-443, Table B,
Commercial Area requirements, as follow:
"Maximum allowable height for structures within commercially zoned properties located
within 120 feet of residentially zoned properties is 30 feet".
The Planning and Zoning Commission, by a unanimous vote, recommends approval of
the above zoning ordinance amendment.
Respectfully Submitted,
PJ~
Pat Muston
Chairperson, Planning and Zoning Commission
c:
Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
EXH 1811
/""'"1
"tu.f
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La
Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La
Porte City Council will conduct a public hearing at 6:00 P.M. on the 19th day of May, 2008, in the
Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider amending the City of La Porte Code of Ordinances Section 106-443,
Table B, commercial area requirements, to establish maximum allowable height restrictions for
structures located within commercial zoning districts when adjacent to residential zoning
districts.
A regular meeting of the City Council will follow the public hearing for the purpose of acting upon
the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required to sign
in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTICIPA TE IN DISCUSSIONS DURING THIS MEETING'
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL. '
THIS FACILITY HAS DISABILITY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS
FOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING.
PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT 281-471-5020 OR TDD LINE 281-471-5030 FOR
FURTHER INFORMATION.
OO1BJ1 D
Th Bw.......
e.";..
-....
281-471-1234
Fax 281-471-5763
820 S. 8th Street
La Porte, Texas 77571
.". "'=' ~e SUD
I:. t1li .. I
Re: Public Notice
City of La Porte
Section 106-171
Considering amendment
Before me, the undersigned authority, on thisSe8afJ>6c~Me and
appeared Adam Yanelli, a duly authorized representative of The
Bayshore Sun, a semi-weekly newspaper published and generally
distributed in the City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was published in
The Bay or: ted April 27, 2008
City of La Porte
County of Harris
State of Texas
to
Sworn and subscribed before me this 29th
April ,2008.
day
~~
Notary Public
Harris County, Texas
M C .. E . 03-13-2012
Y om miSSion xpnres
UII1II1I1II1II1II1II11111" 111111111111111111111111 ~
E. o'~.Y PVS(, DEBORAH SUE STOUT ::
E <'~" NOTARY PUBLIC ::
E * . fP:{ * STATE OF TEXAS =
E oJ''''r'OF<~+t:' Comm. Exp. 03-13-2012 =
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EXHJB'T
......
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses Minimum Maximum Minimum Adjacent to Maximum Bldg.
Landscaping Lot Yard Residential Height Design
Required 5 Coverage Setbacks Minimum (feet). 9 Standards
F. R. S. 1,3,4 Yard 8
,6,7 Setback
F. R. S. 2,6
R-3 uses (permitted)
except Single-family,
detached and Special 6% Density Intensity Regulations Specified in Table B, residential area
lot, duplexes, requirements, section 106-333. see footnote 9
quadruplexes,
townhouses, and
multifamily
CR Comm. Recreation
Dist.;
All permitted or
conditional
NC Neighborhood 6% 50% 20- 10-0 20- 10- 10 N/ A see 100%
Comm.; all Permitted or footnote 9 Masonry8
conditional
GC General Comm.; all 6% 40% 20- 10-0 20-20- 10 N/A see 100%
permitted or conditional footnote 9 Masonry8
Outside sales or services N/A N/A 5-5-5 Same As N/A
Principle use
Outside Storage N/A N/A 20-10-5 Same As See Section
Principle use 106-444 (b)
Freestanding on
premises signs See article VII of this chapter
Freestanding on
premises signs See article VII of this chapter
located in controlled
access
highway corridor
Main Street 6% 60% *-20-5 *-0-0 TBD
Main Street Overlay N/A 80% 0-20-0 N/A TBD
CDI06:62
(b) Footnotes to Table B.
1. A minimum landscape setback of20 feet will be required adjacent to all
designated conservation areas. Buildings, parking areas, loading docks,
outside storage, and refuse containers will not be allowed in such setback
areas. These areas are to be landscaped with trees, shrubs, and groundcover,
with a planting plan required to be submitted and approved by the enforcing
officer. Required landscaping must be maintained by the property owner
and/or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum often feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
5. See article V, division 4 of this chapter for additional requirements.
6. No sign shall be located in a sight triangle so as to obstruct traffic
visibility at a level between three feet and six feet as measured above
adjacent road grade.
7. Within the Main Street District the front yard is the average of the existing
structures on that side of the street or the setback of the closest structure
on an adjacent lot. This applies to the primary structure only. Any
accessory buildings must be a minimum of six feet from the main
structure, but may be zero feet from any lot lines. Within the Main Street
District and Overlay, maximum height is yet to be determined.
8. a) Minimum exterior wall standards shall be one hundred percent (100%)
masonry or glass. Front and side walls, which may be seen from any
public thoroughfare, excluding doors, windows, and window walls, shall
be constructed of brick, stone, masonry, or pre-cast concrete panels.
b) Existing buildings shall also conform to this requirement upon expansion
of over one third (1/3) of an area of improvement/development.
c) In case of structural damage to the front of the building due to fire, flood,
or other reasons, and the cost of redevelopment is in excess of 50% of
the value, the structure shall conform to the above requirements.
The above provisions shall apply to all new developments and buildings
located along the following thoroughfares, roadways, and collector streets:
State Highway 146; State Highway 225; Fairmont Parkway; West Main
Street; Barbour's Cut Boulevard; South and North Broadway Streets (Old
Highway 146); Underwood Road; Bay Area Boulevard; Sens Road;
Canada Road; and East Main Street.
106:62.1
The following are exempt from the above requirements, unless required by the
adopted building codes.
i) Any pre-existing building that contains a single business or multiple
businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses
on a single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise businesses with an established theme.
9. Maximum allowable height for structures within all commercial, R-2 & R-3
zoned properties located within 120 feet ofR-l & LL zoned properties is 30'.
(Ord. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-11, S 7,10-14-02)
Sec. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and
shall be of sufficient width and density to provide an effective screen. The
planting strip shall contain no structures or other use. Such planting strip
shall not be less than six feet in height. Earth mounding or berms may be
used, but shall not be used to achieve more than two feet of the required
screen.
(2) Standards.
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Size of plants: Minimal height off our feet at time of planting.
Must reach a height of six feet within two years.
d. Planting density: Such that within two years of normal growth, a
solid screen will be formed to a height of at least six feet above
adjacent grade.
e. Required landscaping: Required landscaping must be maintained
by the property owner and/or occupant.
106:62.1
The following are exempt from the above requirements, unless required by the
adopted building codes.
i) Any pre-existing building that contains a single business or multiple
businesses and has a footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses
on a single site or parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise businesses with an established theme.
9. Maximun1 allowable height for structures within all commercial zoned
properties, (including R-2 & R-3 uses therein) located within 120 feet ofR-l
& LL zoned properties is 30'.
(Ord. No. 1501-X, S 5, 12-16-96; Ord. No. 1501-11, S 7, 10-14-02)
Sec. 106-444. Special use performance standards.
(a) Required screening.
(1) Planting strip. A planting strip shall consist of evergreen groundcover, and
shall be of sufficient width and density to provide an effective screen. The
planting strip shall contain no structures or other use. Such planting strip
shall not be less than six feet in height. Earth mounding or berms may be
used, but shall not be used to achieve more than two feet of the required
screen.
(2) Standards.
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Size of plants: Minimal height off our feet at time of planting.
Must reach a height of six feet within two years.
d. Planting density: Such that within two years of normal growth, a
solid screen will be formed to a height of at least six feet above
adjacent grade.
e. Required landscaping: Required landscaping must be maintained
by the property owner and/or occupant.