(a) No building except single-family dwellings shall be constructed in such a way that any part of the structure is more than 150 feet from a public street or highway; provided, however, that the structure may be erected at a greater distance than 150 feet, if the owner thereof dedicates, constructs and maintains a fire lane or access easement having a minimum width of 20 feet and a minimum height clearance of 14 feet terminating within 100 feet of the farthest point of the structure.

(b) Any such fire lane or access easements dedicated to the city for such use, shall be of hard surface for the entire width thereof and maintained and kept in a state of good repair at all times by the owner of the premises, and the city shall not be responsible for the maintenance thereof. Such fire lanes shall be permanently marked as fire lanes and the owner of the property shall ensure that the same such markings are kept and obviously displayed.

Note: This section references many large tables and figures. Links are provided to the tables within the code. Additionally a .pdf containing all of the tables can be viewed and downloaded HERE.

(a) Purpose and intent. The purpose of this section is to provide minimum requirements for landscape and maintenance in newly developed and redeveloped properties, in accord with the goals and objectives of the city comprehensive plan. The intent of these requirements is to accomplish the following:

(1) Protect and promote the value and positive image of property, and enhance the general welfare and physical appearance of the city;
(2) Promote the healthy growth and maintenance of native and adapted trees and vegetation to aid in environmental and ecological protections, including air purification, temperature moderation, oxygen regeneration, groundwater recharge, storm water runoff management, and erosion control;
(3) Provide for landscape elements that are well-integrated into both public and private properties, serving to harmonize the appearance of streets, parking areas, buildings, and open space;
(4) Provide buffering of properties from adjacent roadways, particularly where low-density residential development is adjacent to non-residential development, or where any development or open space is adjacent to a thoroughfare or heavily trafficked perimeter street;
(5) Provide for the separation, screening, or buffering of incongruous or incompatible land-uses and intensity of activities, particularly between low-density residential and non-residential development, roadways, thoroughfares, or heavily trafficked perimeter streets;
(6) Reduce the negative effects of noise, dust, and reflected glare from paved surfaces; and
(7) Reduce light pollution and spillover to adjacent properties, the public right-of-way, and the night sky.

(b) Applicability. The requirements of this section shall apply to all new construction and all redevelopment that results in the replacement or expansion of more than 30 percent of the principal permitted use or structure. Buildings in existence on the effective date of the ordinance from which this division is derived shall be considered legally nonconforming. Pad-site developments or ground-lease developments shall meet the landscape and buffer requirements of subsections (d) and (e).
Additionally, any use requiring a PD zoning designation must comply with these landscape standards unless special provisions are included in the ordinance establishing the PD district.
The city code enforcement office or its designee shall administer and enforce the provisions of this section.
(c) Definitions. Refer to section 52-1 (Definitions) for all definitions applicable to this section.
(d) Landscape buffers. A landscape buffer yard shall provide visual separation of differing land uses, or between a land use and a public road, to reduce or eliminate the potential nuisance effects of noise, glare, signs, dust, litter, and unsightly areas or functions. Buffer yards without established grass or ground cover shall be seeded with grass or planted with ground cover, to ensure coverage within three years. The standards of this section provide for increases in the width and the opacity of the landscape buffer required per subsection (b).

(1) Activities exempt from buffer yard requirements.

a. Residential uses adjoining residential uses within any residential zoning district;
b. Non-residential uses adjoining non-residential uses of the same zoning classification;
c. Agricultural uses;
d. Any use, building, or structure for which only a change of use is requested, and which does not increase the existing building area.

(2) Buffer yard location.

a. A buffer yard shall be located within and along the outer perimeter of a lot or boundary line.
b. Buffer yard canopy trees shall not be planted within a water or sanitary sewer easement.
c. A buffer yard may overlap a drainage easement if plantings do not impede the flow of water within the easement.
d. A buffer yard shall not be located within any portion of an existing or dedicated public street or right-of-way.

(3) Buffer yard requirements.

a. Existing tree credit. An existing, mature canopy tree located within 20 feet of the property line, with a minimum of 25 percent of its radial drip line falling within a required buffer yard area, shall be granted credit toward reducing the required tree plantings as shown in Table 52-1. Tree diameter shall be measured as DBH ("diameter at breast-height") at approximately four and one-half feet above the natural ground level. Existing tree credit candidates shall be healthy and listed on the Recommended Canopy Tree List in Table 52-10.
b. Table 52-2 defines the buffer yard requirements. Required plant materials shall apply to a single buffer yard (i.e. corner lots shall provide two buffer yards, and may not apply plantings for one buffer yard toward the requirements for the second yard).
c. Tables 52-3 and 52-4 determine the type of buffer yard required between two adjacent parcels, or between a parcel and a roadway. Proposed buffer yard may require city approval.

Required structures.

(a) Whenever a berm is required in a buffer yard, it shall be a minimum of three feet in height and constructed in accordance with the specifications set forth in the city's design standards. Berms shall have side slopes no steeper than 3:1. Wherever possible, berms shall be curvilinear rather than straight. Berms are not required to be continuous and are preferred to be broken periodically, but must cover a minimum of 75 percent of the length of the property line to be buffered.
(b) A hedge of evergreen shrubs obtaining a mature height greater than three feet may be approved to substitute for a berm. Any approved hedge shrubs must be a minimum of two feet in height at the time of planting, and spaced on minimum 24-inch centers.
(c) Unless otherwise noted or approved, whenever a fence or wall is required within a buffer yard, it shall be constructed in accordance with specifications set forth in the city's design standards and summarized in Table 52-5. An "F1" fence shall be a wooden fence, and may be of a split-rail, picket, board-on-board, shadow-box, or stockade style. An "F2" wall shall be of masonry construction. Both F1 and F2 structures may incorporate decorative capped columns. If there is a difference in finish level between the two sides of the fence or wall, the less finished side shall face the more intensive land use.
(d) A screening wall and a buffer yard is required when the rear or side yards of a residential subdivision abut a thoroughfare, collector, or local street. The screening wall and landscaping shall be located in an easement equal to the buffer yard prescribed in Table 52-2 with the wall located between the landscaping and the residential lots.

The applicant may seek city approval of an optional buffer yard than is otherwise required, as shown in Table 52-6.

A buffer yard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that (a) no plant material is eliminated, (b) the total width of the buffer yard is maintained, and all other requirements of this section are met. Buffer yards may not be used for play fields, stables, swimming pools, tennis courts, accessory buildings, parking facilities or trash dumpster locations.

(a) Screening elements, either plantings or structures, shall be provided with the intent to promote safety, to enhance or protect the visual character of residential, commercial, and industrial areas; and to help maintain the value of land, buildings, and neighborhoods.
(b) Construction and maintenance of screening elements shall be conducted in compliance with all relevant sections of the zoning and subdivision ordinances.
(c) Subdivision screening designs must be approved by the city before construction or installation begins.
(d) Interior landscaping requirements. The landscape area required on the interior of all lots (excluding buffer yards) for MH, LR, GB and LI zoning districts shall be ten percent of the lot area.

(1) Planting requirements. The following plants shall be required within the interior landscape area:

a. One canopy tree per 600 square feet, planted a minimum of 12 feet on-center.
b. One understory tree per 300 square feet, planted a minimum of eight feet on-center.
c. One shrub per 60 square feet of landscape area, spacing per Table 52-11.
d. Ground cover. To provide continuous cover for a maximum of 25 percent of total required landscape area.

(2) Location requirements. A minimum of 75 percent of all required plant materials within the interior landscape area shall be in the front or along either side of the building between the building and the interior edge of the buffer yards.
(3) Enhanced pavement credits. For every one square foot of enhanced pavement area, the required interior landscape area may be reduced by one-half square foot. The maximum credit given for enhanced pavement area shall be ten percent of the required interior landscape area.
(4) Right-of-way landscaping credits. The required interior landscape area may be reduced by a maximum of ten percent when the applicant chooses to establish, irrigate, and maintain turf grass within the parkway along the front of their property. The percent credit given will be prorated based on the portion of the parkway irrigated (i.e. 50 percent parkway irrigated provides five percent credit).

(a) Minimum landscaping requirements within new single-family and two-family (2F), developments:

(1) Planting requirements. Trees and shrubs shall be planted to meet the total quantities in Table 52-7. Required canopy (shade) trees shall be a minimum three caliper inches in diameter. Required understory (ornamental) trees shall be a minimum two caliper inches in diameter. A minimum of one canopy and one ornamental tree shall be located in the front yard of all residential lots. The remaining required trees may be placed in the front or rear of the residential lot.
(2) Location of trees.

a. No trees are to be planted within the parkway, the area between the back of curb and the right-of-way/property line.
b. No tree shall be placed in a location that interferes with, or will grow to interfere with, overhead and/or underground utility easements.
c. Trees shall be spaced so that at mature growth the canopies do not substantially overlap.

(3) Measurement.

a. Tree diameter shall be measured as DBH ("diameter at breast-height") at approximately four and one-half feet above the natural ground level.
b. If the trunk splits into multiple trunks below the six-inch level, then the multiple trunk trees are measured by the following formula.

1. Measure largest trunk circumference at 12 inches above the natural ground level.
2. Remaining trunks, measure circumference at 12 inches above the natural ground level and divided by two.
3. Add subsections 1. and 2. for total circumference, divide total by 3.14 to get caliper.

(4) Additional vegetation requirements.

a. Required shrubs shall be a minimum of three gallons in size when planted and shall be planted in the front yard of all residential lots. Shrubs may be substituted with small trees when planted in the front yard.
b. Solid vegetative ground cover or lawn for the entirety of the lot that is not otherwise covered by mulched planter beds, building(s) and/or driveway area(s).

(5) All landscaping required above shall be planted prior to issuance of the certificate of occupancy on the dwelling(s).

Planter islands shall be provided in parking areas based on 20 square feet of landscape area for each parking stall provided (approximately one island per eight stalls). Each row of parking stalls shall provide the required landscape area, however it shall be the applicant's right to place the islands near the building, throughout the parking or at the end of the rows away from the building. The city manager or designee may modify the island requirement for each row in situations where it would be beneficial to combine islands into a larger island. Planter islands shall have a minimum width of eight feet back to back, if curbed, or nine feet edge to edge, if no curb is provided. Parking lot landscaping does not count toward the total required interior landscape area.
(a) Existing trees. The city manager or designee may approve variations to the planter island requirements to preserve existing trees in interior parking areas. For existing trees, the minimum width of the planter island shall be as shown in Table 52-8.
(b) Planting requirements. A minimum of 50 percent of all planter islands in parking areas shall contain a minimum of one canopy tree with the remaining area in shrubs, ground cover, grasses, or seasonal color. Planter islands that have light poles may substitute two understory/accent trees for the required canopy tree.

Plant materials.

(a) The city reserves the right to approve proposed planting plans through an appointed horticulturist, landscape architect, or other persons so qualified. Table 52-13 indicates plant species that are prohibited, due to their invasive or noxious characteristics.
(b) All non-paved surfaces shall be completely covered with living plant material. Landscape materials such as wood chips and gravel may be approved for use under trees, shrubs and other plants, but shall not comprise a significant portion of the total landscaped area. This requirement shall not apply to public or private playgrounds built in association with any non-residential or park use.
(c) All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the code of standards set forth in the current edition of the American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.
(d) Recommended plants. Approved recommended plants are listed in Tables 52-9 to 52-12. Prohibited plants are listed in Table 52-13. Any non-prohibited plants proposed other than those on the approved lists will require city approval. Plant materials shall be appropriate for the region and local site climatic and soil conditions, including drought-tolerance. Plant materials shall be installed in accordance with established horticultural standards of practice.
(e) Size requirements when planted. All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used, but use of such plants shall not decrease the size requirements of other proposed plants.

(1) Tree measurement. Canopy and understory trees with single trunks shall be measured by caliper size one foot above the ground line. Multi-trunk trees shall be measured by the height of the tree.
(2) Minimum sizes. The minimum plant size when planted shall be as follows:

Plant Material Type	Minimum Size
Single-trunk shade tree	3" caliper, 10'-12' height, ball-and-burlap
Single-trunk understory tree	2" caliper, 6'-8' height
Multi-trunk understory tree	2" caliper (largest stem), 6'-8' height
Shrub	3-gallon container, 12-inch height
Ornamental grasses	3-gallon container, 18-inch height
Groundcover	4-inch (SP4) containers

Landscaping improvements shall be installed within the medians of all proposed, planned, or divided roadways within the city limits as shown on the city master thoroughfare plan. Frontage is wherever a property abuts the right-of-way of the divided thoroughfare, and separate frontages exist on each side of the thoroughfare.

(1) Applicability. Only developments or subdivisions abutting or adjacent to a divided roadway, as defined in the master thoroughfare plan, shall be subject to this section.
(2) Developer obligation. The subdivider or developer shall be fully responsible for the construction and installation of the required landscaping and maintenance of the improvements for a period of one year. During the first year following installation, the subdivider or developer shall replace any tree, shrub, sod, groundcover or hardscape in substandard condition. Following the first year, the director of engineering and public works shall inspect the installation and determine what, if any, plant materials and/or hardscape must be replaced prior to the city taking over maintenance.
(3) Installation or deferment. In the event that the director of engineering and public works, in his sole discretion, determines that the installation of improvements at any given time period is impractical due to further road construction or other factors, the subdivider or developer shall pay a fee-in-lieu into an escrow account for future median landscaping and/or maintenance. This fee-in-lieu of installation is collected once from each frontage and described more fully in subsection (7)j.
(4) City participation. At the discretion of the director of engineering and public works, the subdivider may install landscaping across the full width of the median, and be reimbursed by the city for the landscaping provided for the second frontage at the per linear foot of frontage rate or the actual cost of the improvements, whichever is less, if funds are available.
(5) Plan design burden/escrowed cost. In the case where undeveloped land exists on both sides of a divided public street, the first to develop shall carry the burden of submitting plans for landscaping, hardscape and irrigation of the median, along with escrowing the fee-in-lieu, as described in subsection (7)j. At the discretion of the director of engineering and public works, the city or county may contribute to this escrow account in order to facilitate the implementation of the landscape plan.
(6) Installation burden. Should the city decline to assume responsibility of planting the median in question, the second to develop will utilize the approved plans (or modify the approved plans with city approval) and shall be responsible for the purchase and installation of the median improvements, using the escrowed account from the first developer and shall contribute an equal amount to the overall cost of the median landscaping. In the event that the original escrow amount has fallen short of current material and/or installation costs, the city will make up the difference in cost or the plans shall be modified to be installed within the cost allotted. Any surplus funds shall be placed in the city's landscape maintenance account.
(7) Minimum requirements for median landscaping.

a. All trees and plant materials shall be chosen from the city's approved plant list.
b. One ornamental tree per 30 linear feet of median. Ornamental trees shall be a minimum two-inch caliper and eight feet in height at time of planting and shall be used primarily as accent trees near the median nose and dispersed within the canopy trees.
c. One canopy tree per 30 linear feet of median, with a minimum of four-inch caliper trunk, and a well-formed canopy that is typical of the species. Canopy trees shall be planted no closer than 30 feet from streetlights located in the median, no closer than 20 feet to an intersection, and no closer than 15 feet from any overhead electrical line.
d. Ornamental and canopy trees need not be evenly spaced and may be clustered for a more pleasing aesthetic effect.
e. When the nose of a median is tapered to five feet or less, that portion of the median shall be paved with bricks placed to align with the top of curb.
f. A minimum of 20 percent of the landscaped area shall be planted in evergreen shrubs, ground cover and/or native grasses.
g. Planting beds shall be separated from turf grass using 14-gauge steel edging to define ground cover beds and reduce weed incursion.
h. Irrigation installation shall include bubblers or drip irrigation for all canopy and ornamental trees and irrigation to uniformly water the planting beds and shall be equipped with rain-freeze sensors.
i. Landscape and installation plans shall be subject to review and approval by the director of planning and development services and the director of engineering/public works. The location and placement of landscaping shall conform to the city street design standards and shall be placed to accommodate the ultimate number of traffic lanes, although shrubs, native grasses and ornamental trees may be placed in future traffic lanes if it is determined that these lanes will likely not be constructed in less than ten years.
j. Fee-in-lieu. Should the director of engineering and public works, at his sole discretion, determine that the immediate installation of median landscaping is impractical, a fee-in-lieu of construction shall be collected and placed in escrow at a rate of $25.00 per linear foot of median length for one-side frontage and $50.00 per linear foot of median length if the development is adjacent to both sides of the roadway. The fee-in-lieu shall be collected prior to plat filing. Said fees-in-lieu of installation shall be applied to construction, reconstruction, upgrading, and installation of median landscaping of divided roadways within the adjacent median landscape areas. Any fees not expended within ten years of collection shall be returned to the developer or subdivider who deposited the fees with the city.
k. Notwithstanding the provisions of subsection (7)j., hereinabove, the city shall not be required to return fees that have not been expended if roadway medians have not been constructed on divided roadways within the adjacent roadway benefit area thus preventing the purchasing, planting, growing and/or irrigation of the required standard median landscaping. The time period for the expenditure of fees escrowed with the city for the construction of median landscaping shall not begin to run until such time as the roadway medians have been constructed on such divided roadways, the roadway medians have been accepted by the city, and the roadway medians are ready for standard median landscaping.

Landscape/irrigation plan requirements.

(a) Qualification to prepare plans. Landscape plans shall be prepared by a registered landscape architect, a landscape designer, or landscape contractor, knowledgeable in plant materials and landscape design. Irrigation plans shall be prepared by a licensed irrigator or landscape architect.
(b) Landscape plan requirements. The following items shall be provided on the required landscape plan:

(1) Sheet size 24 inches by 36 inches, or as approved;
(2) Acceptable scale: One inch equals ten feet, one inch equals 20 feet, one inch equals 40 feet, or as approved;
(3) North arrow, graphic and written scale;
(4) Appropriate title (i.e. "Landscape Plan");
(5) Title block, including street address, legal description, and date of preparation;
(6) Name and address of owner;
(7) Name, address, and telephone number of person preparing plan;
(8) Property line shown with dimensions;
(9) Existing utilities (water, sewer, storm drain, gas, electric, cable TV, etc.);
(10) Width and type of buffer yards labeled on all sides;
(11) Location, caliper size and species of all existing trees six-inch caliper or greater which are to be preserved;
(12) Location, quantity, size and species of all proposed plant materials;
(13) Maintenance note;
(14) Label type of any enhanced pavement proposed;
(15) Visibility triangles shown;
(16) Seal and dated signature of landscape architect (if applicable);
(17) Plant list; and
(18) Any berms delineated with one-foot contours.

(c) Irrigation plan requirements. The following items shall be provided on the required irrigation plan:

(1) Sheet size 24 inches by 36 inches, or as approved;
(2) Acceptable scale: one inch equals 10 feet, one inch equals 20 feet, one inch equals 40 feet, or as approved (must be at same scale as landscape plan);
(3) North arrow, graphic and written scale;
(4) Appropriate title (i.e. "Irrigation Plan");
(5) Title block including street address, legal description, and date of preparation;
(6) Name and address of owner;
(7) Name, address, and telephone number of person preparing plan;
(8) Property line with dimensions;
(9) Location of all existing trees six-inch caliper or larger which are to be saved;
(10) All pipes labeled as to size;
(11) All sprinkler heads labeled as to type (key is acceptable);
(12) Backflow prevention device labeled with type and size;
(13) Location of water meter and connection to water service;
(14) Any existing utilities (water, sewer, storm drain, gas, electric, cable TV, etc.);
(15) Note indicating that installation must be inspected by the city;
(16) Maintenance note indicated;
(17) Seal and dated signature of professional who prepared plan.

(d) Maintenance.

(1) General. The owner, tenant, and the agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and irrigation. 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 material or plants not a part of the approved landscape plan, and all plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year.
(2) Any broken or non-performing irrigation components shall be replaced or repaired to functioning condition by a licensed irrigator.
(3) Plant replacement. For one year after the date of issuance of the certificate of occupancy, the owner shall be responsible for replacing all plant materials that have died after installation, or that do not exhibit healthy foliage during the growing season of at one-third percent of the normal branching extent or pattern. Plant materials that die shall be replaced with plant material of similar variety and similar initial size. The owner shall make such necessary replacements within 30 days of notification by the city. 

All outdoor lighting installed after enactment of this division shall conform to the standards established herein.

All existing outdoor lighting on property annexed into the city following the enactment of this division, or that was legally installed within the city's municipal boundaries (i.e., city limits) before the enactment of this division, that conflicts with the standards specified herein shall be considered nonconforming. Nonconforming outdoor lighting shall be brought into conformance with this division as follows:

The replacement, enlargement, alteration, repair, or improvement of any existing outdoor lighting equipment which becomes damaged or inoperable with equipment that does not conform to this division, is prohibited unless brought into conformance.

The provisions of this division are not binding in the ETJ of the city. However, compliance is strongly encouraged.

No lighting fixture shall be illuminated to an intensity or brightness to a degree that could constitute a hazard or nuisance.

(a) All commercial outdoor lighting, including governmental owned streetlights, shall be shielded so that the luminous elements of the fixture are not visible from any other property.
(b) Outdoor uplighting is prohibited.
(c) Lighting shall not directly shine on adjacent dwellings or produce more than 0.2 foot candles of light upon an adjacent property. The measurement shall be taken at the property line.
(d) If there is existing lighting nearby the subject property that produces a foot candle measurement, this may be deducted from the 0.2 requirement.

(a) Before final acceptance of streets, alleys, sewers and other utilities, street light locations and installations shall be coordinated by the developer with the power company and the City of Justin. It shall be the subdivider's responsibility to install street lights with metal poles (or approved similar material) at all intersections not to exceed a maximum distance of 600 feet apart. The design of all street lights shall conform to technical construction standards and specifications of this Code. The developer shall pay for the electricity for the subdivision for a period of 24 months, after which the city shall pay for the electricity.

(b) If a developer desires to install designer street lights, the design and installation shall be approved by the city. The total cost of designer street lights shall be furnished to the city by the subdivider for all intersections within the subdivision. Designer street lights shall be owned and maintained by that subdivision's PID or homeowners association.

(c) Street lighting in public right-of-way.

(1) Street lights in all subdivisions shall be installed on approved poles.

a. Poles must be approved by a public electric utility holding a city franchise and the director of public works.
b. Poles and their installation shall be contracted and paid for by the developer during the construction phase of a subdivision and before building permits are issued.
c. Poles shall be purchased through a public electric utility holding a city franchise to serve the area the subdivision is located in.

(d) The location of street lights shall be as follows:

(1) At all intersections.
(2) Where a new street intersects an existing street.
(3) Where a block is 600 feet or longer, a street light shall be installed every 600 feet or mid-block, whichever is the shortest distance.
(4) If more than one mid-block light is required, they shall be installed to create an equal balance of light throughout the entire length of the block.
(5) If a cul-de-sac block is 400 feet or longer, a street light shall be installed in the end of the cul-de-sac.
(6) Street lights shall be installed at any other location as may be directed by the public works director for the welfare and safety of the community.

(a) Outdoor internally-illuminated signs (whether free standing or building mounted) shall be constructed with an opaque background and translucent letters and symbols or with a colored background and lighter letters and symbols. (See Figure E). The internally-illuminated portion of the sign cannot be white, cream, off-white, yellow or any light color unless it is part of a registered logo. White, cream, off-white, yellow or any light color are permitted in the logo only, provided that such colors in the logo shall represent not more than 33 percent of the total sign area permitted.

(b) No sign shall be illuminated to an intensity or brightness to a degree that could constitute a hazard or nuisance.

The operation of searchlights for advertising purposes is prohibited.

(a) All nonresidential and new residential developments must include an outdoor lighting plan (photometric plan) which includes the following information and shall follow the regulations below:

(1) The location of all existing and proposed light fixtures with a candle-foot grid describing the calculation points shall be provided as presented in Figure G at the site plan or zoning application stage for new nonresidential developments.
(2) Luminaries intended to illuminate fuel pumps or automated teller machines must be so noted.
(3) The developer shall provide a general lighting plan for all new residential developments.
(4) Specification sheets for all proposed light fixtures to show proper shielding.

(b) Verification that a residential or commercial construction project requiring a building permit application has complied with the provisions of this division shall occur during the final electrical inspection by the city building inspector.

FIGURE G

The following lighting instances are exempt from this division:

(1) Lighting needed during activities of law enforcement, fire and other emergency services.
(2) Lighting employed during emergency repairs of roads and utilities may be unshielded provided the lights are positioned so they do not shine in the eyes of passing drivers.
(3) Temporary lighting for theatrical, television, performance areas, construction areas, or special events, provided the lights are positioned so they do not shine in the eyes of passing drivers and the source of the illumination is shielded from any other property. This temporary lighting must not allow any light to be projected or reflect above the structures or trees on the property.

(a) Masonry construction required. The total exterior wall surface of all main buildings in all zoning districts, except on light industrial zoned properties not adjacent to F.M. 407, F.M. 156, or the railroad, shall be 100 percent masonry construction, excluding windows and doors. The masonry component of all exterior walls must be constructed of four-inch by eight-inch bricks, architectural CMU block, split face stone construction, natural stone, metal mesh stucco, or other masonry material, approved and constructed in accordance with the adopted building code of the city, but shall not include fiber cement siding (such as Hardiplank or Hardiboard), except as noted in this section. Pre-cast concrete walls or tilt-wall construction shall be counted toward the masonry construction requirements.

(b) Buildings facing public streets. The total exterior wall surface of all main buildings facing public streets in all zoning districts, except on light industrial zoned properties not adjacent to F.M. 407, F.M. 156, or the railroad, shall have a minimum of 75 percent stone construction, excluding windows and doors. The stone component of all exterior walls must be constructed of split face stone construction, natural stone, or other stone-appearance material approved and constructed in accordance with the adopted building code of the city.

(c) Non-frontage masonry. The exterior masonry construction requirements for walls that do not face public streets may also be met by non-architectural CMU block and tilt-wall construction.

(d) Residential. Up to 25 percent of the exterior masonry construction requirements for residential structures may be met by fiber cement siding (such as Hardiplank or Hardiboard).

(e) Light industrial districts. Where buildings constructed within light industrial districts are not adjacent to F.M. 407, F.M. 156, or the railroad, a minimum of 25 percent of the exterior walls facing a public street shall be constructed of stone, excluding doors and windows.

All properties shall meet all base standards provided in this section for architectural features. In addition, properties shall achieve the required minimum number of enhancing elements from each category. Base standards and enhancing elements are summarized in figure NRD-1 and detailed in section 52-274.

The purpose of the design standards is to provide for exterior building materials, building articulation, form and massing, and architectural compatibility.

Design review is required for new construction and substantial renovation of existing buildings in the form of a site plan with a table which describes clearly how the site meets the requirements of this section. Site plans shall be reviewed as per the standard requirements for site plans according to this article. Substantial renovation means:

(1) Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters.
(2) An increase in the floor area of the building greater than ten percent.
(3) Alterations of the exterior of existing building materials greater than ten percent of the surface area of the front facade, excluding painting of existing painted exterior materials where paint colors fall within those described in this section.

(a) All requests for exterior building materials not specifically described herein (including roof pitch and roof materials) shall be clearly noted and described in detail on a color facade plan submitted along with the site plan. Submission of actual samples of the proposed exterior finish material may be required along with the facade plan and the site plan. As part of the site plan approval process, the planning and zoning commission may recommend, and the city council may approve, exterior building materials not specifically described herein, if it is determined to be equivalent or better than the exterior building materials otherwise required by this subsection. Consideration for exterior building materials not specifically described herein, shall be based only upon the following:

(1) Architectural design, creativity and innovation;
(2) Compatibility with surrounding structures;
(3) Relative ease of maintenance of the material;
(4) Long-term durability and weather-resistance of the material; and
(5) Long-term stability in property value due to the high quality of the material.

(b) Interior renovations of existing buildings that do not alter the exterior appearance of the building do not require site plan and design review under the provisions of this section. (e.g., a drop ceiling that covers part of an existing window would alter the exterior appearance and require review.)
(c) Original stone or masonry surfaces should be maintained and not covered or removed. It is not the intent of this section to require replacement of original stone or masonry, if the existing building exterior material is in good repair.

Nonresidential design requirements are achieved by projects in accordance with the following criteria:

(1) Building materials.

a. Base standard. All development must comply fully with all listed below:

1. Primary materials for exterior facades of buildings in the LR, GB-OT and GB districts, and in the LI district where buildings face F.M. 407, F.M. 156, or the railroad, shall be constructed of the following:

(i) 100 percent masonry including, but not limited to, brick, stone, cast stone, decorative concrete, or tilt wall. Note: Tilt wall construction shall suffice as masonry construction, provided that facing material is elastomeric, non-EFIS stucco, or a variant thereof.
(ii) The facade adjacent to a street shall be constructed of a minimum of 75 percent of the following materials including, but not limited to:

A. Stone.
B. Cast stone.
C. Decorative concrete stamped and stained to resemble the appearance of stone.
D. Or similar.

2. Primary materials for buildings in the LI district where buildings do not face F.M. 407, F.M. 156, or the railroad, shall be constructed of the following:

(i) The facade adjacent to a street shall be constructed of a minimum of 25 percent of the following materials including, but not limited to:

A. Stone.
B. Cast stone.
C. Decorative concrete stamped and stained to resemble the appearance of stone.
D. Or similar.

(ii) Exteriors of buildings in the LI district where buildings are not adjacent to F.M. 407, F.M. 156, or the railroad, may be constructed of metal materials, but shall meet the requirements of the building code.

3. Accent materials for architectural details, trim, window or door framing may be wood, stone, cast stone, cast iron, or other materials compatible with the historic and architectural character of the old west. Permanent bars over windows or doors shall not be allowed.
4. Roofs with a pitch greater than 2:12 shall have roofing materials of architectural grade dimension asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles.
5. Primary building colors shall be warm earth tones such as tan, ochre, beige, and terra cotta. Roses, pinks, plums and violets shall be prohibited. Vibrant accents may be used in limited quantities at appropriate locations. Accents are to be of high quality materials and are used to promote a vibrant street life in a manner compatible with the civic nature of the street. Accent and highlight building colors shall equal no more than 25 percent of the front facade of and shall allow the full spectrum of colors. Original stone or masonry surfaces should be maintained and not be painted, unless severe deterioration of the brick or stone can be shown to require painting and other consolidation or stabilization methods cannot be shown to be appropriate. If masonry was previously painted, it is often not appropriate or possible to remove paint and appropriate repainting should be considered.
6. Along the facade adjacent to a street, buildings shall provide an awning with a pitch of no greater than 2:12, for the entire length of the frontage which projects no less than six feet from the building face, supported by posts spaced no less than ten feet apart.
7. Each building shall provide a minimum of four, a maximum of ten 'old west' detail devices. No more than two of any one device shall be allowed. Acceptable devices include, but are not limited to, the following:

(i) A wagon wheel.
(ii) Hitching posts.
(iii) Wood barrels.
(iv) Cedar railing.
(v) Western designed signage.
(vi) Statue.
(vii) Special landscaping elements.
(viii) Decorative brick pattern.
(ix) Metal Texas star.
(x) Or similar device.

b. Enhancing elements. Each development must select four of the five elements listed below:

1. To achieve façade articulation, visual variety or architectural detailing buildings shall provide two complementary primary facade materials.
2. Application of base standards to facades not facing a public street.
3. Each building shall provide a minimum of eight, a maximum of ten "old west" detail devices. No more than two of any one device shall be allowed. Acceptable devices include, but are not limited to, the following:

(i) A wagon.
(ii) A wagon wheel.
(iii) Hitching posts.
(iv) Wood barrels.
(v) Cedar railing.
(vi) Western designed signage.
(vii) Statue.
(viii) Special landscaping elements.
(ix) Decorative brick pattern.
(x) Metal Texas star.
(xi) Or similar device.

4. Buildings with hip roof sections, dormers, or two or more gable roof sections at right angles to each other.
5. Provide basic features of historic-style architecture on the primary street façade to include, but not limited to, the following:

(i) Cornices.
(ii) Display windows with transom windows above and lower window panels below.
(iii) Pilasters that divide the façade vertically and separate the display windows units into discrete visual elements.
(iv) Second floor windows recessed with multiple lights, lintels and sills.

(2) Building articulation, form and massing.

a. Base standard. All development must comply fully with all listed below:

1. In order to avoid large blank building facades, variations in the elevation of building facades adjacent to a public street shall be provided in both the vertical and horizontal dimensions. Walls shall not exceed a height to width ratio of one to two without substantial variations in massing that include a change in height and either a projective or recessed element, as follows:

(i) At least 25 percent of the roof line of the façade adjacent to a public street shall be offset a minimum of four feet in height, in a form compatible with residential architecture.
(ii) At least 25 percent of the facade adjacent to a public street shall be offset a minimum of four feet either protruding from or recessed back from the remainder of the facade in LR, GB-OT and GB districts. At least 25 percent of the façade adjacent to a public street shall be offset a minimum of four feet either protruding from or recessed back from the remainder of the facade in the LI district where buildings are adjacent to F.M. 407, F.M. 156, or the railroad.

2. Entrances to buildings shall be emphasized through providing projections, recessed areas, canopies, projections in height, or other architectural elements.
3. Ground floor facades adjacent to a public street in a LR, GB-OT and GB district shall have arcades, display windows, entry areas, awnings, or other such features along at least 75 percent of their horizontal length.

b. Enhancing elements. Each development must select one of the two elements listed below:

1. Application of the base standard to facades not adjacent to a public street, but visible from a public street.
2. Use of architectural detailing to provide variety in the visual appearance of the facade of the building. Architectural detailing may be achieved by the harmonious use of materials, colors, or textures.

(a) Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.

(b) When a building line has been established by plat or ordinance and such line requires greater or lesser front yard setback than is prescribed by this article for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat.

(c) The front yard shall be measured from the property line to the front face of the buildings, covered porch, covered terrace, or attached accessory buildings. Eaves and roof extensions may project into the required front yard for a distance not to exceed four feet and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 40 inches above the average grade of the yard.

(d) Where lots have a double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.

(e) Gasoline service station pump islands may not be located nearer than 18 feet to the front property line.

(a) In a residentially zoned district, no structure shall be erected so that it does obstruct the vision of motorists traveling upon the public street adjacent thereto. Structures such as fences, planters or plantings, and no tree with foliage extending below ten feet above the established street grades shall be maintained in any front, side or rear yard within ten feet of any public street.

(b) In other than residentially zoned districts fences may be constructed to a maximum height of eight feet above grade. In residential zoned districts fences shall not be erected to exceed eight feet in height above grade when located behind the front building line nor 4½ feet in height above grade when located within the required front yard or side yard on a corner lot adjacent to a side street, but in no case shall any fence be permitted closer than ten feet from the curb or roadway area. No fence shall be located within any easement except by prior written approval of those agencies having interest in such easement.

(c) No fence erected under the above provisions, and no wall, screen hedge, tree, brush, shrub, billboard or structure shall be erected, planted or maintained in such position or place so as to be dangerous or detrimental to the health or safety of persons living in any house or adjoining premises or in any way obstruct the view so as to constitute a traffic hazard. On any corner lot or parkway adjacent thereto, no fence, wall, structure, hedge, tree or growth of any nature may be erected, planted or maintained so as to interfere with sight lines at elevation between 2½ feet and eight feet above the top of the adjacent roadway curb. If there is no curb then from the center of the street (the crown) shall be constructed to be the same height of a curb. Such an obstruction shall be prima facie evidence that such fence, wall, structure, hedge, tree or growth of any nature constitutes an obstruction to vision as regards public traffic on the streets, except post, poles and tree trunks of less than 12-inch diameter within the triangular line of sight easement. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section. Any such fence, wall, structure, hedge, tree or growth of any nature erected, planted or maintained in violation of this subsection, shall be removed upon written notice from the building official, served upon the owner, agent or occupant of the premises where such obstruction has been erected, planted or maintained.