§ 5.06. Special regulations for Zones B-1, B-2, B-3, and B-4

(1) The following additional regulations are imposed upon the subzone B-1, which are in addition to the overall regulations placed upon the zone designated as Zone B:

(a) No building in this subzone shall be constructed closer to Lakeshore Drive or Bayou View Drive than thirty-five (35) feet of the property lines of said streets or thirty-five (35) feet from Farm to Market Road 528 (NASA Road One) property line, so that all buildings shall be set back from the property lines of Lakeshore Drive or Bayou View Drive or FM 528 (NASA Road One), a distance of not less than thirty-five (35) feet.

(b) Prior to the construction of any improvements upon this subzone, a solid masonry wall six (6) feet in height shall be constructed and maintained along the line dividing this subzone from Zone A, extending from Lakeshores Drive to Bayou View Drive and from Bayou View Drive to the Eastern Boundary of the City of El Lago along the line separating the subzone [from] Zone A.

(2) The following additional regulations are imposed upon subzone B-3 which are in addition to the overall regulations placed upon the zone designated as Zone B:

(a) No building in this subzone shall be constructed closer than thirty-five (35) feet from the property line of Farm to Market Road 528 (NASA Road One) so that all buildings shall be set back from the property line of Farm to Market Road 528 (NASA Road One) a distance of not less than thirty-five (35) feet.

(b) The exterior finish or construction of buildings may be of wood materials such as wooden siding, which is manufactured and processed for exterior use.

(1) As to wooden siding, the following requirements shall apply to the individual section, unit or piece of siding and to its installation on an exterior wall:

(a) There shall be no holes, loose knots, or splits.

(b) All requirements of the Southern [Standard] Building Code shall be met and there shall be no manufacturing, processing or installation defects which can be detected by the unaided eye from a distance of twenty-five (25) feet or more in any direction from the point of installation.

(c) All siding shall conform to the requirements of the Southern [Standard] Building Code; however, in no case shall the thickness be less than seven-sixteenths of an inch.

(d) All exterior wood shall be coated to protect the materials from deterioration.

(e) All wood materials used on external finishes must be fire treated.

(2) Only asphalt shingles may be used and the following requirements shall apply to the individual shingles and to their installation on an exterior finish: Shingles shall be installed according to practices specified in the Southern [Standard] Building Code. Such installation shall not result in any misalignment or construction damage which can be detected by the unaided eye at a distance of twenty-five (25) feet or more from the exterior upon which shingles are installed.

(3) The following additional regulation is imposed upon subzone B-4 which is in addition to the overall regulations placed upon the zone designated as Zone B: No building in this subzone shall be constructed closer than twenty (20) feet from the property line of Farm to Market Road 528 (NASA Road One) or Kirby Road so that all buildings shall be set back from the property line of FM 528 (NASA Road One) or Kirby Road a distance of not less than twenty (20) feet.

(4) The following additional regulations are imposed on subzones B-3 and B-4 in addition to the overall regulations placed upon the zone designated as Zone B and in place of any contrary regulations contained in this zoning ordinance as applicable to said subzones:

Mixed Use Standards

(a) Performance criteria. All mixed residential structures shall meet the following performance criteria for the overall intensity of use. The criteria are the maximum permitted intensities of use and vary by the height range of the building(s), as shown below in Table 1, Multifamily, Commercial & Mixed Use Performance Standards.

Table 1 Multifamily, Commercial & Mixed Use Performance Standards
Maximum Gross Density	Minimum Landscaped Surface	Maximum Building Coverage	Maximum Height	Type of Parking (Maximum Structure Type)
40	30%	60%	50	At grade
40	33%	57%	100'	2-story structure
40	36%	54%	150'	2-story structure
40	40%	50%	200'	3-story structure
40	45%	45%	250'	3-story structure

(b) [Minimum required setbacks.] As displayed in Table 2, Setbacks, the minimum required setbacks are designed to ensure that the waterfront is developed as a community asset that increases the value of the business areas. They ensure that units can have views of the water from the waterfront and sides without blocking the views of an adjoining similar structure. Note that the side yard dimensions vary with the height of the building.

Table 2 Setbacks
Yard	Height Range	Minimum Required
Waterfront	Not applicable	40 feet
Street (parallel to water)	Not applicable	35 feet
Side Yard	50'	20 feet
	100'	25 feet
	150'	30 feet
	200'	36 feet
	250'	42 feet
Street yard (perpendicular to water)	50'	0 feet
	100'	10 feet
	150'	15 feet
	200'	20 feet
	250'	30 feet

(c) Minimum residential unit size. No residential unit shall be less than nine hundred (900) square feet in floor area. Hotel or motel units shall have a minimum of five hundred (500) square feet and in a mixed use building shall be considered as a dwelling unit for the purpose of calculating the intensity of use.

(d) Shading. For buildings over fifty (50) feet in height, the applicant shall provide shading drawings for October 21st and February 20th, which shall indicate the shadow cast by all buildings forty (40) feet and greater in height at 9:00 a.m., 10:00 a.m., 11:00 a.m., 12:00 p.m., 1:00 p.m., 2:00 p.m., and 3:00 p.m. The planning and zoning commission shall review the drawings and may require setbacks greater than those required for a side yard against a residential use where it is deemed the shading will detrimentally reduce the light and air of the adjoining residential unit(s) after reviewing the length of time the use is shaded and the layout of house and property.

(e) Landscaping. Table 1, Multifamily, Commercial and Mixed Use Performance Standards, indicates the minimum landscaped surface area of the site. The landscaping standards are summarized in Table 3, Landscape Requirements. A maximum of no more than fifty (50) percent of the required minimum landscaped surface area may be in used for walks and paved areas, including recreational areas like pools and pool decks or patios for outdoor dining. Driveways may cross the landscaped surface area, subject to the fifty (50) percent maximum requirement. All dimensions shall be proportionally calculated to determine the total plant unit requirements.

(f) Screening. The requirements for screening are as follows:

i. Parking lots and drives. Landscaping shall be provided for parking and vehicular use areas adjacent to public street rights-of-way. Nondeciduous or evergreen shrubs shall be planted in a double row with triangular spacing along seventy (70) percent of all parking and vehicular use areas that are parallel or roughly adjacent to public street rights-of-way.

ii. Trash enclosures. Areas used to hold refuse containers must be completely screened from public view with a solid masonry fence at least as tall as the container and in no case less than six (6) feet in height. This provision applies to all refuse containers, including those used for the collection and storage of recyclable materials.

iii. Mounted equipment. Exterior ground-mounted or building-mounted equipment to serve a building, including mechanical equipment, utility meter banks, and heating or cooling equipment, must be completely screened from public view with landscaping or with an architectural treatment compatible with the building materials and colors. Building mounted equipment shall be painted to match the building color on which it is attached.

iv. Rooftop equipment. All rooftop equipment must be completely screened from public view with a structural treatment that is compatible with the building architecture. The methods of screening rooftop equipment include the use of parapet walls and the encasement of partition screens.

v. Outdoor storage. All materials and equipment which is stored outside of a fully enclosed building must be completely screened from public view.

Table 3 Landscape Requirements
Area	Plant Units	Area	Reference
Pervious areas	1.0	5,000 square feet	5.06
Walkways	1.0	100 linear feet of walkway	5.06
Paved areas	0.5	5,000 square feet	5.06
Street rights-of-way	2.0	100 linear feet	5.06
Waterfront (10' pedestrian area)	6.0	acre	5.06
Waterfront (less than 10' pedestrian area)	1.0	6,000 square feet	5.06

(g) Plant units. Listed in Table 3, Plant Unit Options, is the plant units that are permitted for landscaping along the waterfront areas. The planning and zoning commission shall evaluate the choice of plant units to determine the appropriateness and effectiveness in achieving the desired development quality and character of the site.

i. Alternative Unit C should be used only where there are overhead lines that make the use of canopy trees impractical or where the planning and zoning commission finds this lower planting desirable.

ii. Alternative Unit E is designed for use in parking lots where the canopy trees are desired and lower plants create visual obstructions. It may also be ideal where a fence or wall is used and, thus, renders lower plants ineffective in terms of their visual impact.

Table 4—Plant Unit Options
Plant Unit Options	Quantity, Size & Type of Plants	Illustration
Alternative Unit A	1 - 3" caliper Canopy Tree 1 - 1-1/2" cal./6' tall Understory 1 - 8' tall Evergreen 11 - 3' tall Shrubs
Alternative Unit B	1 - 3" caliper Canopy Tree 2 - 1-1/2" cal./6' tall Understory 14 - 3' tall Shrubs
Alternative Unit C	1 - 1-1/2" cal./6' high Understory 3 - 8' tall Evergreens 13 - 3' tall Shrubs
Alternative Unit D	4 - 8' tall Evergreens 10 - 3' tall Shrubs
Alternative Unit E	2 - 3" caliper Canopy Trees 4 - 3' tall Shrubs

(h) Building design. The design of the building should be of quality construction and appearance, including avoidance of an overly box-like, monotonous appearance. The following standards shall be met:

i. The building's height shall be varied. If the building's longest dimension is less than sixty (60) feet, this may be accomplished solely by the expression of the elevator and other mechanical screening structures having a height of at least six (6) feet above the roof plane. Where the building is more than sixty (60) feet but less than one hundred eighty (180) feet in its longest dimension, and greater than eighty (80) feet in height, the top floor may not be greater than sixty-five (65) percent of the area of the second highest floor. Where the building is greater than one hundred eighty (180) feet in its greatest dimension and more than seventy-five (75) feet in height, at least the top two (2) floors shall be of a decreased area, with the top floor having no more than fifty (50) percent of the area of the floors that are not staggered to meet this requirement. The city shall approve the design after viewing renderings and/or a 3-D model (refer to item (i) below).

ii. The planes of each facade shall be varied. The use of balconies or stair towers that provide a regular rhythm to the facade is permitted on a building where the longest facade dimension is less than one hundred eighty (180) feet, although a more pronounced variation is encouraged for any building. Where a building is greater than one hundred eighty (180) feet in its longest dimension, acceptable means of variation include a shift in the alignment of the building planes are visually interesting. Planters can be used to enhance the effect of balconies as can alterations of the floor size and height.

iii. The materials of the building shall include various forms of masonry (brick, tile, and stone) and shall show concern for the use of materials to enrich the visual character of facades by emphasizing windows, floors, or elements of the building with changes in color, texture, and/or materials. Metal facades may be used only with approval of a special panel design, where the metal is used to provide a smooth tile appearance that integrates windows and walls into modular units (metal siding is prohibited). Plaster or dry-vet is permitted where the selection of this material allows the creation of interest in the facade by small changes in the planes surface to create texture, shadow lines, patterns, and the appearance of structural features. Reflective glass shall not be used where it will provide glare. All building materials must meet building code standards. The use of other materials may be permitted as a conditional use where the city finds the materials create a building of equal quality but more attractive design.

(i) Modeling. For buildings greater than eight (80) feet in height, the city shall require a three dimensional model of the site and surrounding properties or an interactive 3-D computer model that permits the building to be viewed from other areas of the city and different view points. If necessary to complete its evaluation of the proposed building(s), the city may require the use of its own 3-D model for which the applicant will be required to reimburse the city for such expense.

(5) Screening device. Prior to the issuance of a certificate of occupancy, a screening device, as defined in Chapter XVI, Definitions, shall be built along that boundary of the area proposed for commercial use, which abuts property of a residential use or district.

(6) Upon the issuance of a permit by the building official confirming its compliance with all rules and regulations of the city and with all laws of the State of Texas, a manufactured home may be erected on a permanent foundation on a lot within Zone B-4, and only that zone, of the city.

(Ord. No. 350, § 5, 3-20-06)