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AN ORDINANCE AMENDING THE CITY OF IRVING, TEXAS, ZONING ORDINANCE BY

ADDING SECTION 52-64d TO PROVIDE FOR THE CREATION OF A STATE HIGHWAY 183
OVERLAY DISTRICT; PROVIDING A PENALTY NOT TO EXCEED $2,000; ESTABLISHING
AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
CONFLICT RESOLUTION.

WHEREAS, on November 18, 1999, the Irving City Council adopted Resolution 11-18-99-537
expressing the support of the City Council for the reconstruction of State Highway 183 with certain
conditions including protection of residential neighborhoods; and

WHEREAS, on January 10, 2002, the Irving City Council adopted Resolution 1-10-02-017
expressing the desire of the City Council that the State Highway 183 reconstruction project incorporate
sound walls and appropriate hardscape and landscape features, the selection of which are to be done
with local feedback and involvement; and

WHEREAS, on October 30, 2003, the Irving City Council adopted Resolution 10-30-03-391
expressing support of the City Council for the schematic design of the State Highway 183
reconstruction and re-iterating the desire of the City Council that the State Highway 183 construction
project incorporate sound walls and appropriate hardscape and landscape features, the selection of
which are to be done with local feedback and involvement; and

WHEREAS, the Texas Department of Transportation has initiated the State Highway 183
construction project as evidenced by property acquisitions for additional right of way; and

WHEREAS, the City of Irving desires that the State Highway 183 corridor promotes excellence
in land use and the image of Irving’s built and natural environment, and

WHEREAS, an Overlay District that establishes higher standards for landscaping, building
design, site design and other development requirements for property along State Highway 183 will
improve the visual impression of the community; and

WHEREAS, the Planning and Zoning Commission and the City Council, in accordance with the
provisions of the Charter of the City of Irving, the state law, and the applicable ordinances of the city,
have given the required notices and have held the required public hearings regarding this amendment to
the Comprehensive Zoning Ordinance No. 1144 of the City of Irving;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:

SECTION 1. That Comprehensive Zoning Ordinance No. 1144 of the City of Irving, Texas, is
hereby amended by adding Section 52-64d which shall read as follows:
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Sec. 52-64d. State Highway 183 Overlay District.

(a) Description.

The State Highway 183 Overlay District is a zoning district that regulates land uses and
development standards within the State Highway 183 corridor.

(b) Purpose.

The purpose of the State Highway 183 Overlay District is to guide new development and
redevelopment along the State Highway 183 corridor by designating permitted uses, and
establishing enhanced standards for the design, appearance and placement of buildings and other
site improvements, landscaping, signs, utilities, lighting, fences and screening.

(c) Boundaries.

The State Highway 183 Overlay District applies to all properties with nonresidential zoning (1)
that abut the right of way of State Highway 183 from the Irving city limit on the east to the Irving
city limit on the west; (2) that share a common property line with a property that abuts the right of
way of State Highway 183 and have access to the right of way of State Highway 183 through a
shared parking lot whether or not a formal ingress/egress, access or parking easement exists; (3)
any portion of which are within 300 feet of the right of way of State Highway 183; and (4) that
are northeast of State Highway 114 and between the north right of way line of Spur 482 and the
east side of Loop 12 as shown on the map attached as Exhibit A. All land and structures within
the State Highway 183 Overlay District shall be used in accordance with the standards of the
Overlay District.

(d) Vision and general design principles.

Irving will be the model for safe and beautiful neighborhoods, a vibrant economy, and exceptional
recreational, cultural and educational opportunities. The reconstruction of State Highway 183
creates a unique opportunity to achieve that vision by creating a transportation corridor that is not
only a pleasant environment for travelers but also serves as a source of retail, entertainment,
dining, and employment opportunities for residents and visitors. Such an environment is
characterized by enhanced landscaping, public improvements, building and site design, and
sustainability.

Design standards are included in this Overlay to provide property owners and developers with a
clear set of design parameters that will instruct site planning, architecture, landscaping,

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streetscapes, signage and other elements to create a consistent character of excellence throughout
the State Highway 183 corridor. Whenever the provisions of the State Highway 183 Overlay
District conflict with any other requirement in any other zoning ordinance, the more restrictive
standard shall apply.

The State Highway Overlay District encourages the incorporation of equine and southwestern
thematic elements into public spaces and public art, landscaping, signage, lighting, fences and
walls, and other site improvements. While such elements are not required, developers are strongly
encouraged to incorporate such design elements into all new development to maintain a consistent
theme throughout the corridor.

Development should be designed to provide as attractive a streetscape along the State Highway
183 frontage as possible. Parking lots and other paved areas should be de-emphasized in favor of
landscaping and attractive building facades.

Paved areas should not be the predominant feature of a development. While parking is to be
sufficient to meet the minimum demand of the use it serves, excess parking is strongly
discouraged.

When parking areas are between the State Highway 183 right of way and a building, such parking
areas are to be heavily landscaped with a combination of grass, ground cover, berms, trees, shrubs
or other native and drought-tolerant vegetation.

Parking lots with 100 or more parking spaces should be divided into segments by wide
landscaped walkways that provide safe pedestrian connections between parking areas and
buildings. These landscaped walkways serve to create visual relief from paved expanses,
minimize storm water run-off, and reduce the heat build-up of paved areas.

Site design should promote efficient vehicle circulation patterns with shared driveways, parking
areas and access easements.

Development and redevelopment should be sustainable, and incorporate such features as energy-
efficient buildings, multi-modal transit connections, reduced amounts of paving and other
impervious cover, storm water detention/retention, landscaping that includes low-water-demand
native and adapted plants that are both drought and heat tolerant, and permeable paving.

(e) Required standards for new development.

(1) Applicability.

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a. New construction. The standards established by this Section 52-64d (e) shall apply to all
newly constructed nonresidential structures within the boundaries of the State Highway
183 Overlay District.

b. Expansion of existing structures. If an existing nonresidential structure is expanded by 30

percent or more of its first floor area, or if one or more additional floors are added, or if it
is being repaired, remodeled, rehabilitated, or otherwise improved to the point that the
value of the repairs, remodeling, rehabilitation, or improvements constitute at least 30
percent of the current value of the structure as established by the most current value
established by the Dallas Central Appraisal District, the entire structure shall be brought
into compliance with the standards established by this Section 52-64d (e). For the purpose
of calculation, the increase in floor area and/or value shall be aggregated over a three-year
period.

(2) Landscaping.

a. Landscaped buffer. A 30-foot wide landscaping buffer shall be required along any
property line adjacent to the right of way of State Highway 183, Loop 12, State Highway
161 and Spur 482, and a 15-foot wide landscaping buffer shall be required along any
property line adjacent to any other thoroughfare.

b. Landscaping materials. The landscaping buffers shall include a combination of

landscaping elements including grass, ground cover, shrubs, flowers, seasonal plantings,
or trees. All landscaping materials shall be from the list of approved trees and shrubs in
Section 52-35a of the Zoning Ordinance, and be a native or adapted, heat and drought-
tolerant species with a low water demand. Trees and shrubs shall be of the sizes required
by Section 52-35a. Landscape designs with low water demand are encouraged. Such
designs and hardscape elements including plazas, planters, benches, fountains, art, tables
and similar features may be permitted as part of an overall landscaping plan subject to
approval by the director if the hardscape elements are consistent with the overall design of
the development, do not conflict with visibility requirements or easements, and do not
create any potential safety hazard.

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c. Trees required in landscaped buffers. Within the 30-foot wide landscaping buffer along
the State Highway 183 frontage, 1 tree shall be planted for each 25 feet of linear frontage
of the landscaped buffer. Within the 15-foot wide landscaping buffer along frontages other
that State Highway 183, 1 tree shall be planted for each 30 feet of linear frontage. Trees
should be staggered, clustered and otherwise arranged in landscaped areas rather than
spaced evenly across the frontage of the property.

d. Screening of parking. The 30-foot and 15-foot wide landscaping buffers shall also include
a row of shrubs, a berm or a masonry wall a minimum of 3 feet tall to screen parking and
driveways within the development. The shrubs, berm or wall may be located anywhere
within the landscaping buffer, but shall not create a visibility obstruction at intersections
or driveways. Shrubs shall be planted in a planting bed and be a minimum of 18 inches
tall at time of planting, and shall be planted no more than 3 feet apart. The area within the
planting bed separating the shrubs shall be planted with native grasses from the list in
Section 52-64d.(k)(1)e. below. Berms shall be covered with grass or ground cover.
Masonry walls shall be of the same materials and colors as the main building on the
property.

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e. Driveways and sidewalks within landscaped buffers. The landscaped buffers may be
crossed by perpendicular or angled entry or exit driveways that comply with the City of
Irving Access Policy, but may not be utilized for on-site circulation or fire lanes. The
landscaped buffers may include a sidewalk not less than 6 feet or more than 8 feet in
width. If a sidewalk is placed within the required landscaped buffer, the sidewalk shall be
incorporated into the landscaping plan by including such features as enhanced pavers,
bricks, scored concrete or stamped asphalt, a meandering path, benches or other elements
that enhance the pedestrian experience but without compromising safety or accessibility
requirements.

f. Parking lot trees. All parking lots shall be landscaped with a minimum of 1 tree for every
10 parking spaces. Trees may be evenly spaced throughout parking lots with less than 100
parking spaces. In parking lots with 100 or more parking spaces, trees should be clustered
in landscaped island areas, along major drives, or otherwise distributed within the parking
area. However, a minimum of 50 percent of the total required trees shall be within the
interior of the parking lot, and not distributed around the perimeter of the parking lot. Each
tree shall be planted in an area no smaller than 5 feet by 5 feet.

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g. Parking garage landscaping. Parking garages, if provided, shall provide a 10-foot deep
landscape buffer around the entire base of the parking garage. Trees shall be planted 30
feet on-center within the landscape buffer. Parking garages attached to a building shall
provide the landscaped buffer only on those exterior sides not adjacent to the attached
building.

h. Maintenance of adjacent rights of way. Areas of public rights of way between a property
line and the back of curb of the frontage road or travel lane of an adjacent street shall be
maintained by the adjacent property owner, including mowing and irrigation of grass,
removal of trash and litter, and maintenance of landscaping, unless prohibited by the
Texas Department of Transportation or the City of Irving. If the right of way area exceeds
50 feet in depth, the adjacent property owner shall be required to maintain only the 50 feet
of right of way immediately adjacent to the property owner’s property line.

i. Irrigation system required. All landscaping on the premises and within the adjacent right
of way shall be irrigated by an automatic irrigation system installed in accordance with all
applicable policies and ordinances. All main lines, zone control valves, controllers,
backflow valves and wiring shall be installed outside of the public right of way.

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j. Maintenance required. All landscaping shall be maintained in a healthy condition at all
times. Dead or damaged landscaping shall be replaced immediately. The director may
approve a delay in replacing dead or damaged landscaping not exceeding 180 days due to
seasonal or other considerations that would justify a postponement. Additional
postponement may be granted by the director in drought or other declared water
emergency conditions.

(3) Building materials and design. All nonresidential buildings shall comply with the material and
architectural details requirements of the commercial design standards established in Sections
52-35c and 52-35d of the Zoning Ordinance except that facades facing State Highway 183
shall provide vertical articulation of 18% of the wall’s height as opposed to the standard 15%.

Articulation Standard Example

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(4) Site design.

a. Minimize paving. Development shall be designed to minimize the amount of paving and
parking between buildings and the State Highway 183 frontage.

b. Parking location. No more than 25% of the required parking for a use may be located
between the façade of a building and the State Highway 183 right of way. The additional
75% may be located beside or behind the façade facing the State Highway 183 right of
way.

c. Internal walkways. All parking lots that contain more than 100 parking spaces shall
include internal pedestrian walkways a minimum of 5 feet wide from the public sidewalk
to the main entrance of the principal use of the property, and shall comply with all
applicable requirements of the Texas Accessibility Standards for width, slope, texture,
level differences and ramps. Walkways shall be provided for every 3 driving aisles or at a
distance of not more than 180-foot intervals, whichever is less.

Pedestrian walkways shall also be provided to connect points of origin such as outlying
parking spaces and bus stops with destinations such as building entrances. All such
walkways shall be constructed of conventional sidewalk materials, enhanced pavers,
colored/stamped concrete or asphalt, bricks, or scored concrete, shall be clearly marked,
and shall comply with all applicable requirements of the Texas Accessibility Standards for
width, slope, texture, level differences and ramps.

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d. Walkways crossing driveways. Where internal pedestrian walkways cross driveways, such
walkways shall be distinguished from driving surfaces through the use of design features
such as contrasting colors, enhanced pavers, colored/stamped concrete or asphalt, bricks,
scored concrete, and alternate colors. Such crossings shall comply with all applicable
requirements of the Texas Accessibility Standards.

e. Accessory buildings and uses. Accessory buildings and uses are not permitted within the
parking lot area, or between a principal use building and the right of way of State
Highway 183 or any other street right of way.

f. Outside storage. Outside storage of any kind, other than outside display of automobiles or
similar vehicles for sale or lease and temporary storage of shopping carts in cart corrals
per subsection (e)(4)g. is not allowed between any principal use building and the right of
way of State Highway 183 or any other street right of way.

g. Shopping carts. Cart corrals shall be provided by all establishments using shopping carts.
Cart corrals shall be uncovered and shall not occupy required parking spaces, but shall be
placed in designed locations within the parking lot or adjacent to the building, and
surrounded by landscaping with trees. When an establishment is closed, shopping carts are
to be stored either within the building or screened with a wall that is integral to the
architectural design of the building.

h. Building services.

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i. The location of above ground utility facilities should be identified early in the design
process. Utility facilities shall be located where they do not conflict with featured
views, outdoor dining areas and/or site circulation. Facilities should be accessible for
maintenance and service requirements.

ii. Loading areas and docks, truck parking, overhead doors, outdoor storage, utility
meters, HVAC equipment, trash collection, and other building service functions and
areas shall be incorporated into the overall design of the building and the landscaping
so that the visual and acoustic impacts of these functions are contained and out of view
from adjacent properties and public streets. These functions and areas shall not be on
any façade facing State Highway 183 or any other public street frontage.

iii. Solid waste collection areas and ground mounted mechanical equipment shall be
screened from view from State Highway 183, any other street, and any adjacent
residentially zoned property.

iv. Roof mounted mechanical equipment, including solar panels, shall be screened from
view in accordance with Chapter 15 of the Land Development Code.

v. Screening materials for solid waste collection and loading areas shall be the same as,
or of equal quality to, the materials used for the principal building. Dumpsters shall be
located in accordance with Chapter 33 of the Code of Ordinances.

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(5) Underground utilities. All new construction to be built in the State Highway 183 Overlay
District shall have underground utilities from the building to the property line. All new
utilities extended from off-site to serve the development must also be underground or within
an easement along the rear of the property to eliminate the amount of overhead utilities along
State Highway 183.

(6) Parking requirements.

a. Required parking. Parking for the uses allowed by this overlay shall be provided in
accordance with Section 52-36 of the Zoning Ordinance with the following exceptions:

i. Retail uses: 1/300 square feet

ii. Office and financial institution uses: 1/350 square feet

iii. Restaurants: 1/100 square feet

iv. Compact parking spaces are prohibited.

v. Surplus parking spaces may be provided but may not exceed the minimum number
required by this section by more than 10%. For purposes of calculating parking
requirements, the following types of parking spaces shall not count against the
maximum parking requirement, but shall count toward the minimum requirements:

(a) Accessible parking;

(b) Bus, vanpool and carpool parking;

(c) Structured parking, underground parking or parking within, above or beneath the
building(s) it serves.

(d) Dedicated motorcycle or motor scooter parking spaces.

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(e) For purposes of calculating parking requirements, fleet vehicle parking spaces
shall not count toward either the minimum or maximum parking requirements.

vi. Exceptions to the maximum parking requirements may be allowed in situations that
meet all of the following criteria as determined by the director:

(a) The proposed development has unique or unusual characteristics such as high sales
volume per floor area or low parking turnover which creates a parking demand that
exceeds the maximum ratio, and which typically do not apply to comparable uses;
and

(b) The parking demand cannot be accommodated by shared parking with nearby uses,
or by increasing the supply of spaces that are exempt from the maximum ratio; and

(c) The request is the minimum necessary variation from the standards; and

(d) If located in a mixed use district, the uses in the proposed development and the site
design are highly supportive of the mixed use concept and support high levels of
existing or planned pedestrian activity.

vii. Retail, restaurant, office and entertainment uses shall provide designated bicycle
parking areas within 50 feet of the building entrance with a minimum of 1 bicycle
parking space for each 50 vehicle parking spaces up to a maximum of 10 spaces.

viii. Retail, restaurant, office and entertainment uses are encouraged to provide dedicated
parking spaces for motorcycle and motor scooter parking at a ratio of 1 space per 100
automobile parking spaces.

b. Paving standards. Parking lots, automobile display lots, internal driveways, vehicle
circulation areas and any property used for parking or storage of vehicles, trucks, trailers
or motorized equipment of any kind shall be paved with a minimum of 5 inches of 3000
pounds per square inch concrete with #3 rebar on 18 inch centers both ways. Parking lots,
driveways and internal circulation areas shall be maintained free of potholes, with a
smooth surface free of rubble, and cracks sealed. Permeable paving meeting the standards
of the city engineer may be installed in low traffic volume areas or areas that are not used
for fire lanes or loading and unloading.

c. Striping required. All required parking shall be clearly striped.

(7) Screening/fencing regulations. All screening fences required by this Overlay District or any
other provision of the Zoning Ordinance shall be a minimum of 7 feet in height, and
constructed of masonry materials in accordance with Chapter 15 of the Land Development
Code. The director may approve alternate materials that match or are consistent with either the
building on the same property or the noise walls constructed in conjunction with State
Highway 183.

(8) Sign regulations. All signs shall comply with Chapter 7 of the City of Irving Land
Development Code.

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(9) Lighting regulations. Exterior lighting is not required except for purposes of public safety.
However, if installed, all exterior lighting shall meet the following standards:

a. Concealment and shielding. Light sources shall be concealed or shielded with luminaries
with shielding, skirts or cut-offs with a cutoff angle not exceeding 90 degrees to minimize
the potential for glare and unnecessary diffusion on adjacent property. For purposes of this
requirement, the angle shall be measured using a line drawn from the direction of light
rays at the light source or reflector, and a line perpendicular to the ground from the light
source above from which no light is emitted.

Examples of 90 degree cut-off flat lens fixtures

b. Lighting to be minimized. Parking lots and other background spaces shall be illuminated as
unobtrusively as possible while meeting the functional needs of safe circulation and
protection of people and property. Foreground spaces, such as building entrances and
outside seating areas, shall utilize local lighting that defines the space without glare.
Floodlights shall not be utilized to light all or any portion of a building façade after normal
business hours, except that if the seating area of a restaurant is closed and a drive-through
remains open, the business shall be determined as closed.

c. Style. The style of light standards and fixtures shall be consistent with the overall theme
and design of the State Highway 183 Overlay District. Architectural styles consistent with
on-site buildings may be approved by the director. “Cobra head” fixtures, galvanized
metal poles and arm lengths greater than 4 feet are prohibited.

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d. Glare prohibited. Lighting shall not cast glare onto adjacent lots or streets in any way that
decreases the safety of pedestrians and vehicles.

e. Maximum spillover. In no case shall exterior lighting add more than one footcandle to
illumination levels at any point off-site.

f. Highlighting. Lights may be used to highlight trees and similar features within public and
private plazas, courtyards, walkways, and other similar outdoor areas at night to create
excitement and a festive ambiance.

g. Uplighting. Light fixtures used to illuminate flags, statues or any other objects mounted on
a pole, pedestal or platform shall use a narrow cone beam of light that will not extend
beyond the illuminated object.

h. Architectural lighting. Architectural lighting may be used to articulate the particular

building design or to create effects of shadow, relief, and outline that add visual interest
and highlight aspects of the building. Lighting of cornices, up lighting, and other effects
may be used. For upward-directed architectural, landscape or decorative lighting, direct
light emissions shall not be visible above the roof line.

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i. Building-mounted fixtures. Building-mounted light fixtures shall be attached to walls, and
the top fixture shall not be lower than 10 feet or higher than 18 feet above finished grade,
except entry/exit lighting positioned above the entry/exit.

j. After-hours reduction. All outdoor light not necessary for security purposes shall be
reduced, activated by motion sensor detectors, or turned off after normal business hours.

k. Flickering and flashing lights. No flickering or flashing lights shall be permitted except
for temporary decorative seasonal lighting.

l. Color. White light meeting a minimum color standard of 2800 kelvin shall be used at all
times. The use of low-sodium vapor or high-pressure sodium vapor lighting is prohibited.

m. Security lighting. Any exterior lighting device (luminaire) designed for security lighting
shall be protected by weather- and vandal-resistant covering, be a managed light source
and directed down to minimize glare and intrusiveness.

n. Uniformity of illumination. Parking lot, driveways and pedestrian circulation route lighting
shall provide a uniform level of light throughout the entire parking area. Fixtures shall be
arranged in order to provide uniform illumination throughout the parking lot of a 3:1
uniformity ratio of average illumination to minimum illumination.

o. Height of fixtures. Freestanding light fixtures shall not exceed 20 feet in height within 50
feet of any residential zoning district, 25 feet in height within 50 to 150 feet of any
residential zoning district, and 35 feet in all other locations. For the purposes of this
requirement, height shall be measured from the top of a light fixture to the adjacent grade
at the base of the support for that light fixture.

p. Height of bases. Concrete light fixture bases shall be no taller than 12 inches.

q. Canopy lighting. Light fixtures mounted under canopies shall be recessed so that the lens
cover is recessed or flush with the bottom surface of the canopy and/or shielded to
eliminate glare on the adjacent property or right of way.

(10) Access Standards. All development subject to this section shall comply with the City of Irving
Access Policy.

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(f) Residential adjacency/protection. All new development and redevelopment under this section
that abuts or is adjacent to any residential use (other than residential use within a mixed use or
transit oriented development, or a residential use accessory to a nonresidential use) shall provide
for the protection of the adjacent residential uses by complying with the following regulations.
These regulations do not apply to residential development in a mixed-use or transit-oriented
development, or a development with residential use as an accessory use:

(1) Setback for buildings up to 20 feet high: 30 feet

(2) Setback for buildings over 20 feet high: 30 feet plus 3 feet for each additional 1 foot in height
with a maximum of 60 feet

(3) Parking setback. Minimum rear or side setback for parking spaces: 20 feet

(4) Landscaped buffer. A landscaped buffer with a minimum width of 20 feet shall be provided
adjacent to all property lines that abut residentially zoned property. The landscaped buffer
shall be planted with trees from the approved tree list at a spacing of a maximum of 30 feet.

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(5) Screening fence. A 7 foot tall minimum masonry screening fence constructed of masonry
materials in accordance with Chapter 15 of the Land Development Code or as approved by the
director shall be provided along the property line(s) or within 20 feet of the property line(s)
abutting residentially zoned property unless the residential property is required to provide a
screening fence per the approved zoning of the residential property.

(6) Lighting. Lighting shall not encroach into the residential property. Light fixtures shall be
designed to include a light cut-off feature that blocks glare and prevents light encroachment
into the residential property.

(7) Outside speakers. Outside speakers shall not be located closer than 100 feet to a residential
property line and shall not be utilized between the hours of 10:00 p.m. and 7:00 a.m. Outside
speakers related to restaurant and retail drive-through facilities shall not be located closer than
50 feet to a residential property line, and may not be utilized between the hours of 10:00 p.m.
and 7:00 a.m.

(8) Loading areas. Loading areas within 100 feet of a residential property line may not be used
between the hours of 10:00 p.m. and 7:00 a.m.

(9) Trash containers. Trash containers within 100 feet of a residential property line may not be
serviced between the hours of 10:00 p.m. and 7:00 a.m.

(g) Vacant properties.

(1) Grass buffer required. Vacant properties shall maintain a 30-foot deep turf grass buffer
adjacent to the State Highway 183 property line and a 15-foot deep turf grass buffer adjacent
to any other street property line. In addition, the right of way area between the property line
and the back of the curb shall be maintained with grass. These grass areas on the premises and
within the right of way shall be irrigated by an automatic irrigation system installed in
accordance with all applicable ordinances and policies. All grass, ground cover and irrigation

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required by this subsection shall be installed no later than 12 months after adoption of this
Overlay District. Nothing within this section shall be construed to require the removal of any
existing trees unless the trees pose a safety hazard due to their location or condition.

(2) Exceptions. (a) Properties that are adjacent to right of way with a minimum depth of 50 feet
between the back of curb and the property line shall not be required to maintain the 30-foot
deep turf grass buffer strip. However such properties shall be required to irrigate the portion
of the right of way within 30 feet of the property line. (b) Properties that are within the
floodway of the Trinity River are not required to provide either the grass buffer strip or
irrigate the adjacent right of way.

(3) Maintenance required. Vacant properties shall not be overgrown (vegetative cover exceeding
10 inches in height) and shall be maintained by the owner in addition to any adjacent right of
way.

(not allowed)

(4) Trash and litter prohibited. Vacant properties and any adjacent right of way shall remain free
of trash, litter and debris.

(5) Definition. For purposes of this section, “vacant properties” shall be defined as any previously
developed tract or lot that is not part of any public right of way that does not have a habitable
building or structure constructed on it.

(h) Required standards for properties not undergoing expansion/redevelopment.

(1) Applicability. The standards established by this Section 52-64d (h)(1) shall apply to all
nonresidential structures within the boundaries of the State Highway 183 Overlay District not
covered in Section 52-64d (e)(1).

(2) Landscaping.

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a. Landscaped buffer. A 15-foot wide landscaping buffer shall be required along any
property line adjacent to the right of way of State Highway 183, Loop 12, State Highway
161 and Spur 482, and a 10-foot wide landscaping buffer shall be required along any
property line adjacent to any other thoroughfare.

b. Landscaping materials. The landscaping buffer shall include a combination of landscaping

elements including grass, ground cover, shrubs, flowers, seasonal plantings, or trees. All
landscaping materials shall be from the list of approved trees and shrubs in Section 52-35a
of the Zoning Ordinance, and be a native or adapted, heat and drought-tolerant species
with a low water demand. Trees and shrubs shall be of the sizes required by Section 52-
35a. Landscape designs with low water demand are encouraged. Such designs and
hardscape elements including plazas, planters, benches, fountains, art, tables and similar
features may be permitted as part of an overall landscaping plan subject to approval by the
director.

c. Trees required within landscaped buffer. Within the 15-foot and 10-foot wide landscaping
buffers, 1 tree shall be planted for each 40 feet of linear frontage of the landscaped buffer.
Trees should be staggered, clustered and otherwise arranged in landscaped areas rather
than spaced evenly across the frontage of the property.

d. Screening of parking. The 15-foot and 10-foot wide landscaping buffers shall also include
a row of shrubs, a berm or a masonry wall a minimum of 3 feet tall to screen parking and
driveways within the development. The shrubs, berm or wall may be located anywhere
within the landscaping buffer, but shall not create a visibility obstruction at intersections
or driveways. Shrubs shall be planted in a planting bed and be a minimum of 18 inches
tall at time of planting, and shall be planted no more than 3 feet apart. The area within the
planting bed separating the shrubs shall be planted with native grasses from the list in
Section 52-64d.(k)(1)e. below. Berms shall be covered with grass or ground cover.
Masonry walls shall be of the same materials and colors as the main building on the
property.

e. Driveways and sidewalks within landscaped buffers. The landscaped buffers may be
crossed by perpendicular or angled entry or exit driveways that comply with the City of
Irving Access Policy, but may not be utilized for on-site circulation or fire lanes. The
landscaped buffers may include a sidewalk not less than 6 feet or more than 8 feet in
width. If a sidewalk is placed within the required landscaped buffer, the sidewalk shall be
incorporated into the landscaping plan by including such features as enhanced pavers,
bricks, scored concrete or stamped asphalt, a meandering path, benches or other elements
that enhance the pedestrian experience but without compromising safety or accessibility
requirements.

f. Parking lot trees. All parking lots shall be landscaped with a minimum of 1 tree for every
30 parking spaces. Trees may be evenly spaced throughout the parking lot, or clustered in
landscaped island areas, along major drives and fire lanes, or otherwise distributed within
the parking area. However, a minimum of 50 percent of the total required trees shall be
within the interior of the parking lot, and not distributed around the perimeter of the
parking lot. Each tree shall be planted in an area no smaller than 5 feet by 5 feet.

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g. Maintenance of adjacent rights of way. Areas of public rights of way between a property
line and the back of curb of the frontage road or travel lane of an adjacent street shall be
maintained by the adjacent property owner, including mowing and irrigation of grass,
removal of trash and litter, and maintenance of the landscaping unless prohibited by the
Texas Department of Transportation or the City of Irving. If the right of way area exceeds
50 feet in depth, the adjacent property owner shall be required to maintain only the 50 feet
of right of way immediately adjacent to the property owner’s property line.

h. Irrigation system required. All landscaping on the premises and within the right of way
shall be irrigated by an automatic irrigation system installed in accordance with all
applicable ordinances and policies. All main lines, zone control valves, controllers,
backflow valves and wiring shall be installed outside of the public right of way.

i. Maintenance required. All landscaping shall be maintained in a healthy condition at

all times. Dead or damaged landscaping shall be replaced immediately. The director
may approve a delay in replacing dead or damaged landscaping not exceeding 180
days due to seasonal or other considerations that would justify a postponement.
Additional postponement may be granted by the director in drought or other declared
water emergency conditions.

j. Alternate landscaping plan. The director may approve alternate landscaping plans that
meet the spirit and intent of this Overlay. Criteria for approving an alternate landscaping
plan include, but are not limited to, (1) the landscaping plan provides the required number
of trees or total landscaped area, but not in the locations required by this Overlay; (2) the
landscaping plan maximizes the amount of landscaping while keeping the required
number of parking spaces within 20 percent of the minimum number of spaces required by
this Overlay; (3) compliance with the landscaping requirements would create a parking
shortage greater than 20% of the minimum requirement, or (4) restrictions exist that are
beyond the control of the property owner (such as existing cross-access easements or
transit-related easements) that prevent installation of landscaping in the required location.
The director is not required to approve an alternate landscaping plan, but may for any
reason chose to disapprove it. Appeals to the director’s disapproval shall be processed in
the same manner as for a variance to Section 52-35a of the Zoning Ordinance.

k. Deadline for installation. All landscaping required by this subsection shall be installed no
later than 3 years after completion of frontage road construction work along the particular
property’s frontage, or upon issuance of a new certificate of occupancy, whichever occurs
first. Should a new certificate of occupancy be issued prior to completion of frontage road
construction work along the property’s frontage, the planting of trees and other
landscaping along the frontage may be deferred until 3 years after completion of the
frontage road construction, however the landscaped area shall be planted with grass or
ground cover, and maintained and irrigated in accordance with subsections g., h. and i.
above.

(3) Underground utilities. All above-ground or overhead utility services servicing buildings
within the State Highway 183 Overlay District shall be relocated underground no later than 3
years after completion of frontage road construction work along the particular property’s
frontage, or upon issuance of a new certificate of occupancy, whichever occurs first. All new
utilities extended to an existing building must be installed underground.

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(4) Parking requirements.

a. Required parking. Parking for the uses allowed by this overlay shall be provided in
accordance with Section 52-36 of the Zoning Ordinance with the following exceptions:

i. Retail uses: 1/300 square feet

ii. Office and financial institution uses: 1/350 square feet

iii. Restaurants: 1/100 square feet

iv. Compact parking spaces are prohibited.

v. Surplus parking spaces may be provided but may not exceed the minimum number
required by this section by more than 10%. For purposes of calculating parking
requirements, the following types of parking spaces shall not count against the
maximum parking requirement, but shall count toward the minimum requirements:

(a) Accessible parking;

(b) Bus, vanpool and carpool parking;

(c) Structured parking, underground parking or parking within, above or beneath the
building(s) it serves.

(d) Dedicated motorcycle or motor scooter parking spaces.

(e) For purposes of calculating parking requirements, fleet vehicle parking spaces
shall not count toward either the minimum or maximum parking requirements.

vi. Exceptions to the maximum parking requirements may be allowed in situations that
meet all of the following criteria as determined by the director:

(a) The proposed development has unique or unusual characteristics such as high sales
volume per floor area or low parking turnover which creates a parking demand that
exceeds the maximum ratio, and which typically do not apply to comparable uses;
and

(b) The parking demand cannot be accommodated by shared parking with nearby uses,
or by increasing the supply of spaces that are exempt from the maximum ratio; and

(c) The request is the minimum necessary variation from the standards; and

(d) If located in a mixed use district, the uses in the proposed development and the site
design are highly supportive of the mixed use concept and support high levels of
existing or planned pedestrian activity.

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vii. Retail, restaurant, office and entertainment uses shall provide designated bicycle
parking areas within 50 feet of the building entrance with a minimum of 1 bicycle
parking space for each 50 vehicle parking spaces up to a maximum of 10 spaces.

viii. Retail, restaurant, office and entertainment uses are encouraged to provide dedicated
parking spaces for motorcycle and motor scooter parking at a ratio of 1 space per 100
automobile parking spaces.

b. Paving standards. Parking lots, automobile display lots, internal driveways, vehicle
circulation areas and any property used for parking or storage of vehicles, trucks, trailers
or motorized equipment of any kind shall be maintained free of potholes, with a smooth
surface free of rubble, and cracks sealed. Permeable paving meeting the standards of the
city engineer may be installed in low traffic volume areas or areas that are not used for fire
lanes or loading and unloading.

c. Striping required. All required parking shall be clearly striped.

(5) Screening/fencing regulations.

a. Height and materials. Screening fences required by this Overlay District or any other
provision of the Zoning Ordinance shall be a minimum of 7 feet in height, and constructed
of masonry materials in accordance with Chapter 15 of the Land Development Code or as
approved by the director that matches either the building on the same property or the noise
walls constructed in conjunction with State Highway 183. Any screening fence or wall
placed adjacent to a noise wall constructed in conjunction with State Highway 183 shall
match the height, materials and design of the noise wall.

(i) Permitted uses and area requirements.

(1) Exceptions for properties with site plan zoning. Properties with Detailed Site Plan (S-P-1) or
Generalized Site Plan (S-P-2) zoning shall comply with the requirements of their respective
site plan zoning relative to any specific provisions for uses, setbacks, height, parking and/or
signage. Unless otherwise specifically delineated on an approved site plan, the standards of
the State Highway 183 Overlay District shall take precedence over any other less specific
standard of the site plan.

(2) Land uses with specific approval processes. Land uses with specific requirements and
approval processes established elsewhere in the Zoning Ordinance such as, but not limited to,
hotels, nondepository financial institutions, restaurants with the accessory use of the sale of
alcoholic beverages, wireless telecommunications facilities, environmentally sensitive land
uses and multifamily development remain subject to the specific requirements and approval
processes established for each elsewhere in the Zoning Ordinance.

(3) Segments.

Existing development along State Highway 183 includes many types of land uses ranging
from low-density single family to heavy industrial. Future development and redevelopment is
expected to include a range of land uses, but in a different pattern. For this reason, this
Overlay District divides the State Highway 183 corridor into distinct segments, each with its

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own particular list of permitted uses, all of which are subject to the development standards
listed in the previous subsections.

Uses are permitted in the various segments of the State Highway 183 Overlay District in
accordance with the following Use Chart:

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SEGMENTS
A SH 183 (Western City Limits-Esters Road)
B SH 183 (Esters Road - Belt Line Road)
C North side SH 183 (Belt Line Road - Story Road)
D South side SH 183 (Belt Line Road - Story Road)
E North side SH 183 (Story Road - O'Connor Road)
F South side SH 183 (Story Road – Britain Road)
G North side SH 183 (O'Connor Road - BNSF Railroad)
H South side SH 183 (Britain Road - BNSF Railroad)
I North side SH 183 (BNSF Railroad - Loop 12)
J South side SH 183 (BNSF Railroad - Loop 12)
K North side SH 183 (Loop 12 - Eastern City Limits)
L South side SH 183 (Loop 12 - Eastern City Limits)

Uses Segment
Open Space and Parks A B C D E F G H I J K L
Enhanced landscaping
Gateway features
Open Space
Trail system linkage
Residential A B C D E F G H I J K L
Medium/high density residential
Educational or Institutional A B C D E F G H I J K L
Government buildings and uses
Museum
Religious assembly
Trade or vocational school
University or college
Medical A B C D E F G H I J K L
Hospital
Medical or dental clinic
Medical or dental laboratory
Veterinary clinic/hospital
Office and Financial A B C D E F G H I J K L
Depository Financial institution with or
without drive-through
Office, general
Retail & Dining A B C D E F G H I J K L
Building material sales (indoor)
Convenience store
Drive-in restaurant
Furniture and appliance sales

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Gasoline service station
Grocery store
Restaurant, with or without drive-
through
Retail sales
Retail store, general

SEGMENTS
A SH 183 (Western City Limits-Esters Road)
B SH 183 (Esters Road - Belt Line Road)
C North side SH 183 (Belt Line Road - Story Road)
D South side SH 183 (Belt Line Road - Story Road)
E North side SH 183 (Story Road - O'Connor Road)
F South side SH 183 (Story Road - Britain Road)
G North side SH 183 (O'Connor Road - BNSF Railroad)
H South side SH 183 (Britain Road - BNSF Railroad)
I North side SH 183 (BNSF Railroad - Loop 12)
J South side SH 183 (BNSF Railroad - Loop 12)
K North side SH 183 (Loop 12 - Eastern City Limits)
L South side SH 183 (Loop 12 - Eastern City Limits)

Uses Segment
Heavy Commercial & Services A B C D E F G H I J K L
Auto parts and accessories, sales and
installations
Auto repair garage
Car wash
Dry cleaning and laundry service
General personal services
New automobile and light truck sales,
rental and service; used automobile and
trucks as an accessory use - see Sec. i(4)a
Trade services
Warehouse & Industrial A B C D E F G H I J K L
General industrial services
Light assembly/fabrication
Light manufacturing
Mini storage
Research and development laboratory
Warehouse
Welding shop
Wholesale distribution
Travel, Leisure, and Entertainment A B C D E F G H I J K L

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Airport – related uses (north side of State
Highway 183, west of Valley View Lane
only)
Bowling alley
Cinema
Entertainment uses
Hotels, in accordance with Section 52-
35b
Mixed Uses A B C D E F G H I J K L
Mixed Use
Transit Oriented Development (within
1/4 mile of rail transit station)

(4) Use-specific standards.

a. Automobile sales lots.

i. Properties developed and operating as a franchised new automobile sales lot on the
effective date of this ordinance as noted on the attached map labeled Exhibit B are
hereby approved for such use. Such properties may continue to be used for franchised
new automobile sales with the following limitations: (1) each franchised new automobile
sales lot may be transferred to a subsequent non-related owner for continued use as a
franchised new automobile sales lot one time after the effective date of this ordinance.
Upon a subsequent conveyance, the use shall become nonconforming. (2) Transfer of a
new automobile sales franchise to a person related to the current franchise holder within
the first or second degree of affinity or consanguinity may be allowed with no limitation
as to the number of times the property may be conveyed. (3) Transfer of a new
automobile sales franchise to a related business entity within the parent corporation of
the franchise may be allowed with no limitation as to the number of times the property
may be conveyed.

ii. Notwithstanding any provisions of Section 52-64d (i)(1) above, the sale of used
automobiles as a principal use with no accessory use relationship with a franchised new
automobile sales business along State Highway 183 is not allowed in the State Highway
183 Overlay District. Properties developed and operating as a used automobile sales lot
on the effective date of this ordinance as noted on the attached map labeled Exhibit C
shall be considered nonconforming uses.

iii. Should the use of a property for the sale of automobiles be discontinued or abandoned
for a period of 12 consecutive months, then such use may not be resumed, and all future
use of the property shall be in accordance with the Use Chart in Subsection (3) above.
Properties formerly used for an automobile sales lot that are closed or inactive as of the
effective date of this ordinance shall be subject to this section. Any of the following
conditions, events or conduct shall constitute the discontinuance or abandonment of the
auto sales use regardless of the intent of the owner:

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(a) the use changes to a use other than automobile sales,

(b) the closure or cessation of the use for a period of 12 consecutive months,

(c) water service or other public utility service is discontinued for a period of 12
consecutive months with the exception of water service to an irrigation-only meter,
or

(d) failure of the owner to initiate repairs or reconstruction in the event the automobile
sales use suffers damage or destruction from fire, storm, flood or other disaster.

iv. Properties developed and operating as an automobile sales lot on the effective date of
this ordinance as noted in the attached Exhibit B shall be required to comply with the
following design standards in subsections v. thru xvi. All improvements required by
these subsections shall be completed no later than 3 years after completion of frontage
road construction work along the particular property’s frontage, or upon issuance of a
new certificate of occupancy, whichever occurs first. Should a new certificate of
occupancy be issued prior to completion of frontage road construction work along the
property’s frontage, the planting of trees and other landscaping along the frontage may
be deferred until 3 years after completion of the frontage road construction,

v. Automobile sales lots shall have a minimum area of 3 acres. Dealerships with multiple
lots or tracts shall aggregate through platting the separate lots or tracts into one in order
to provide proper access and circulation.

vi. In addition to the landscaping required by Section 52-64d (h)(2) above, automobile sales
display areas shall be landscaped with a minimum of one 4” caliper tree per each 30
display spaces.

vii. All vehicle display areas must be screened from any adjacent highway or street right-of-
way by a hedge, berm or masonry wall a minimum of 3 ft. tall.

viii. All vehicles displayed outdoors must be displayed on the ground, and not artificially
elevated by ramps, cranes, lifts, hills, slopes or any other artificial means. Parking
vehicles for display in the right of way is prohibited.

ix. Canopies, awnings or other structures built to cover vehicles shall be consistent with the
materials and design of the principal building on the property, and comply with the
building material requirements of Section 52-64d (e)(3).

x. Automobile display lots, internal driveways, vehicle circulation areas and any property
used for parking or storage of vehicles, trucks, trailers or motorized equipment of any
kind shall be striped and paved with a minimum of 5 inches of 3000 p.s.i. concrete with
#3 rebar on 18 inch centers both ways. Parking lots, driveways and internal circulation
areas shall be maintained free of potholes, with a smooth surface free of rubble, and
cracks sealed. Permeable paving meeting the standards of the city engineer may be
installed in low traffic volume areas or areas that are not used for fire lanes or loading
and unloading.

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xi. Service activities shall be clearly incidental to the vehicle sales operation.

xii. Vehicle service activities shall occur within a completely enclosed building.

xiii. Vehicles which have visible body damage shall be stored completely within an enclosed
building, or within an area completely enclosed by a masonry fence a minimum of 7 ft
tall. Any outside storage of such vehicles inside a masonry fence shall not be located
less than 200 feet from the State Highway 183 right of way.

xiv. Vehicle loading and unloading activities may take place only within the property (no
maneuvering in the right-of-way), and may not occur between the hours of 10:00 p.m.
and 7:00 a.m. if the property abuts residential zoning.

xv. Banners, streamers, pennants, inflatable signs, characters and materials, and other non-
permanent signs are prohibited.

xvi. Flagpoles shall not exceed fifty feet in height.

b. Big box retail.

i. Stand alone retail buildings with a floor area of 50,000 square feet or more shall be
designed such that the front façade has a minimum of three distinct sections to appear as
if to accommodate at least three separate occupants.

ii. The building shall have clearly defined, highly visible customer entrances with a
minimum of three of the following features: canopies, porticos, overhangs,
recesses/projections, raised corniced parapets over the doors, peaked roof forms, outdoor
patios, display windows, arcades, arches, wing walls, and integral planters.

iii. Covered waiting areas shall be provided adjacent to all public entrances extending a
minimum of 10 feet on both sides of the doors. Benches or other seating facilities shall
be provided in the waiting areas.

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iv. All sides of the building shall comply with the articulation standards of subsection (f)(3)
above.

v. A 7.5-ft. deep landscaped buffer shall be provided along the base of the wall of the
building except for entrances and loading areas. The landscaped buffer shall include
grass or ground cover and a combination of trees, shrubs, seasonal plants and/or other
landscaping elements.

vi. A variation in roof lines shall be provided to provide visual interest and reduce the
massive scale of large buildings. Roof features shall incorporate a minimum of two of
the following features: parapets screening flat roofs and rooftop equipment, overhanging
eaves, sloped roofs, three or more roof planes, repeating patterns of changes in color,
texture and material modules.

vii. Façade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of
high intensity, metallic or fluorescent colors is prohibited.

viii. Building trim and accent areas may feature brighter colors, including primary colors,
however neon, argon or similar type tubing is not allowed.

(5) Area Regulations. The following minimums and maximums shall be required:

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a. Minimum front yard setback: 30 feet from any street right of way

b. Minimum rear and side yard setback:

10 feet abutting non-residential use or zoning

30 feet for buildings up to 20 feet high abutting residential use or zoning

30 feet plus 3 feet for each additional 1 foot in height above 20 feet for buildings over 20
feet high abutting residential use or zoning

c. Minimum parking setback:

30 feet from State Highway 183

15 feet from any other street right of way

20 feet from residential use or zoning

d. Minimum separation between buildings: 10 feet

e. Lot width: 100 feet

f. Lot depth: 100 feet

g. Maximum height: 150 feet.

h. Maximum impervious lot coverage: 70%

(j) Nonconforming uses.

Uses and structures that are rendered nonconforming by this Section 52-64d shall be governed by
the provisions of Section 52-47 Nonconforming uses of the Zoning Ordinance.

(k) Design guidelines for public rights of way and property.

The freeway rights of way belong to the public and should provide a visually pleasing experience.
Public rights of way and other publicly owned properties should provide the same level of high
quality design, materials, sustainability and maintenance as that required of private property.

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Public rights of way should be landscaped and maintained in an attractive, sustainable manner.
Lighting should be installed and maintained according to the theme and nature of its location.
Traffic control cabinets, utility cabinets, switchgear and similar installations should be screened
with landscaping, berms and/or walls. Utilities should be installed underground. Noise walls, bridge
abutments and roadway slopes should be enhanced with landscaping, graphics and other elements.

In accordance with Irving City Council Resolutions 11-18-99-537, 1-10-02-017, and 10-30-03-391,
the following minimum standards should be incorporated into the design and construction of
improvements within the State Highway 183 right of way.

(1) Landscaping standards.

a. Selection of materials. The installation and continuous maintenance of landscaping is

extremely important. Landscape materials in areas that are completely surrounded by
public right of way and not able to be maintained by an owner of an adjacent tract or lot
should be chosen for their heat and drought tolerance and overall hardiness. The planning
and implementation of all improvements should include long-term maintenance costs with
respect to plantings, structures, surface treatments and other material along the highway.

b. Visual appeal. Landscaping and treatment of unpaved portions of right of way contribute
both aesthetically and functionally to the overall character of the State Highway 183
corridor and shall establish a higher level of visual appeal than traditional treatments in the
past.

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c. Grasses. Native grasses shall be required in all unpaved portions of right-of-way that do
not abut private property for ease of maintenance. Allowable species are listed in section
(k)(1)e. below.

d. Trees. If the area between the curb of the State Highway 183 frontage road and the
property line is more than 10 feet deep, then native or adapted, heat and drought tolerant
trees selected from the list in subsection (k)(1)e. below shall be planted within the right-
of-way a minimum of 10 feet from the back of curb. Trees shall be planted at a ratio of 1
tree per each 60 feet of frontage, and should be staggered, clustered and otherwise
arranged in landscaped areas rather than spaced evenly across the frontage of the property.

e. Recommended species. Trees, shrubs and grasses within unpaved areas that are completely
surrounded by right-of-way shall be selected from the following species:

Trees

• Ash, Texas • Oak, Chinquapin

• Cypress, Bald • Oak, Live “High Rise”
• Elm, Cedar • Oak, Texas Red
• Maple, Shantung • Pine, Mondel

Ornamental Trees

• Holly, Foster • Myrtle, Crepe, tree form

• Holly, Yaupon

Shrubs

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• Crepe Myrtle, dwarf • Nandina, (many varieties)
• Hawthorne, Indian (many • Rose, Knockout
varieties) • Sage, Texas
• Holly, Dwarf Burford • Wax Myrtle, Dwarf
• Holly, dwarf yaupon

Grasses

• Miscanthus, many varieties • Indian Feather Grass

• Weeping Love Grass • Gulf Muhly

f. Civic art. Civic art should be incorporated into any permanent features that complement
the environment in which it is placed.

(2) Interchanges.

a. Interchange design. Interchanges at major intersections become landmarks that signify

transitions from one segment of the corridor or neighborhood to the next, and create
opportunities to identify those areas through planting, public art or other features.
Interchanges should be designed to reflect the adjacent land use or community, and serve
as dividers between distinct land uses.

b. Interchange elements. Interchanges shall incorporate sustainable landscaping, architectural

and art elements to clearly identify the location as an Irving destination.
 DRAFT 01/29/10

(3) Retaining walls. The visual impact of retaining walls shall be softened by the use of graphics,
murals, varying patterns of masonry and mortar, stamped concrete, native stone materials,
landscaping, and other visual enhancements.

(4) Sound walls. Sound walls shall be designed to complement the surrounding development in
the particular portion of the corridor in which they are placed. Artwork, graphics, murals and
other visual enhancements shall be included in accordance with the theme of the area.
Enhancements shall include both sides of the wall, not just the State Highway 183 side, and
should incorporate areas of open space, landscaping, sidewalks and other amenities.

(5) Signage. The location, frequency and graphics of signage of the highway corridor are limited
by state, federal and safety standards. However, graphics should be arranged to produce a
coordinated and coherent system by having consistent visual continuity in the layout of the
graphics and sign supports, incorporating concrete columns with architectural enhancements
with steel trusses that completely span main lanes, ensuring even alignment of signs on
structures and following a uniform design.

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(l) Administration.

(1) To encourage creative and unique design, “alternative equivalent compliance” allows
development to occur in a manner that meets the intent of this Section 52-64d, yet through an
alternative design that does not strictly adhere to the standards of this Section 52-64d. This is
not a general waiver of regulations. Rather, this section authorizes a site-specific plan that is
equal to or better than the strict application of the standards.

The director may approve alternative equivalent compliance with these design standards in
specific instances if the applicant demonstrates that the proposed alternative:

a. achieves the intent of the subject standard to the same of better degree than the subject
standard;

b. advances the goals and polices of the State Highway 183 Overlay to the same or better
degree than the subject standards;

c. results in benefits to the community that are equivalent to or exceed the benefits
associated with the subject standard;

d. imposes no greater impacts on adjacent properties than would occur through

compliance with the specific requirements;

e. is compatible with surrounding development;

f. complies with all other requirements of the approved zoning of the property;

g. is an enhancement beyond the minimum design standards;

h. incorporates architectural design and creativity; and

i. provides other enhancements such as landscaping, signs, screening, paving, and tree
preservation beyond the minimum standards.

(2) Modifications to these standards may also be requested through the S-P-1 or S-P-2 zoning
process. Requests for S-P-1 or S-P-2 zoning shall be processed the same as any other zoning
request.

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(3) Building permit applications for projects that comply with the approved zoning and the
design standards established by this Section 52-64d may be issued by the director without
the need for any other public hearing or site plan approval.

(4) Photos, drawings and other illustrations included in this Section 52-64d are for
informational purposes only and are intended to provide examples of the types of standards
envisioned by these regulations. Such illustrations are not all-encompassing, and should
there be a conflict between a photo or illustration and the text of this Section 52-64d, the
text shall control.

SECTION 2. That the State Highway 183 Overlay District is hereby established for the
property described in Section 52-64d (c) of Section 52-64d State Highway 183 Overlay District,
and the City Planner is hereby directed to revise the Official Zoning Maps of the City of Irving,
Texas, attached to Ordinance No. 1144 to show this overlay district.

SECTION 3. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each
and every day during which any violation is committed, continued, or permitted, and upon conviction
of any such violation such person shall be punished by a fine in an amount not less than one dollar
($1.00) nor more than two thousand dollars ($2,000.00).

SECTION 4. That this ordinance shall take effect immediately from and after its passage and
publication as provided by law.

SECTION 5. Should any paragraph, sentence, clause, phrase, or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal, or unconstitutional, and shall not affect the validity of the comprehensive zoning ordinance as a
whole.

SECTION 6. That this ordinance shall prevail over any other ordinance which is in conflict
with the provisions of this ordinance.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on ,
2010.

________________________________
HERBERT A. GEARS
MAYOR

ATTEST:

_______________________________
Janice Carroll, TRMC
City Secretary

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APPROVED AS TO FORM:

_______________________________
Charles R. Anderson
City Attorney

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Exhibit B
Existing Franchised New Automobile Sales Lots
As of ____________, 2010
(Map to be added)

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