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Agriculture Land Uses
Ranching, propagation and cultivation of crops and similar agricultural uses of vacant land where utilities or City services are not readily available. May ultimately be rezoned in accordance with the Comprehensive Plan.
Art and Recreation Land Uses
Includes uses and activities often done for play, enjoyment and pleasure whether outdoors or indoors.
Commercial and Wholesale Trade Land Uses
Generally, the sale or distribution of goods or merchandise to other wholesalers, retailers; industrial, commercial, institutional, other professional business users or the sale of goods to anyone other than a standard consumer.
Compliance with Zoning Regulations

A. Compliance with Zoning Regulations Required.
All land, buildings, structures, or appurtenances thereon located within the City of Joshua which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

B. Authority to Enter Upon Private Property.
The Administrative Official may, in the performance of his/her functions and duties under the provisions of this ordinance, enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of this ordinance in accordance with all applicable laws.

C. Building Permits Prohibited Without Plat.
Except as permitted by the Subdivision Ordinance, no permit for the construction or placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission and City Council and filed in the Plat Records of Johnson County.

D. Exclusions.
Nothing herein contained shall require any change in the plans or construction of a building for which a permit has been applied for at the time of the passage of this ordinance and which entire building is completed within one (1) year from the effective date of this ordinance.

E. One Main Building on a Residential Lot or Tract; Street Frontage Required.
Only one main building for one-family or moderate density residential uses with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street other than an alley.

F. Regulations Applicable to Multiple Buildings.
Where a lot is used for retail or multi-dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other building or use.
Events Causing Compliance

Unless otherwise provided for in this Section, land uses not previously subject to landscaping requirements may be required to comply with this Article upon the occurrence of one of the following events:
A. A change in zoning;
B. Requirement of landscaping as a condition of a Conditional Use Permit;
C. Issuance of a building permit; or
D. Loss of legal nonconforming status.
Fences and Screening Generally

A. When a boundary of a nonresidential Zoning District sides or backs upon an R-1L, R-1, R-2, R-3, R-4, or MH District, a solid screening wall or fence in compliance with ARTICLE 3.05: FENCES in the Joshua Code of Ordinances. The purpose of the screening wall or fence is to provide a visual barrier between the properties.

B. Where a multifamily use abuts an A, R-1L, R-1, or R-2, zoning district, the side and rear property lines of said multifamily district shall be suitably screened to a height of not less than six (6) feet, nor more than eight (8) feet, from any adjacent dissimilar residential dwelling or lot.

C. The owner of the property where the less restrictive use is located shall be responsible for and shall build the required wall or fence on the property line dividing his/her property from the more restrictive zoning district.

D. The entire area occupied by a junkyard or salvage yard shall be surrounded by a continuous screening wall, not less than eight (8) feet in height.

E. Dumpsters and trash receptacles located on nonresidential zoned property and on sites used for nonresidential purposes shall be located on a concrete pad constructed for that purpose. Such dumpsters and trash receptacles shall be screened on three sides by a masonry wall and shall contain a solid self-latching gate. The masonry wall shall be of similar construction to the principle building. Non-decorative concrete block shall not be permitted. A screening device shall be erected alongside and rear property lines adjacent to residential districts. The screening device shall be a minimum height of eight (8) feet, unless otherwise approved by City Council.

F. All required screening elements shall be permanently maintained by the nonresidential property owner.

G. No screening element of solid construction such as brick, masonry, concrete or solid metal, shall be erected or placed in a location which would interfere with the installation or maintenance of any public utility line, service, or drainage-way within easements reserved therefore. Perimeter screening walls of residential developments are included within this regulation. Perimeter screening walls shall be installed within a two and a half (2.5) foot screening wall easement.
General Height and Yard Requirements

A.  Nonresidential Structures.
1. A nonresidential building may exceed the permitted height in a zoning district by 20 feet if the following conditions are met:
a. A Site Plan is provided and approved; and
b. For every one (1) foot exceeding the maximum permitted height, an additional one (1) foot of setback is provided on the front, side, and rear yards. The height of a building shall not exceed twenty (20) feet over the maximum permitted height established in the zoning district.
c. A building may exceed the height described in item (b) above only upon approval of a Special Exception by the Zoning Board of Adjustment.

B. Exceptions.  Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and not intended for human occupancy.

C. Antennas. For antenna and tower height regulations see § 12.1: Wireless Communication Facilities.

D. Public, Quasi-Public Buildings. Churches, schools and other public and quasi-public buildings may be erected to a height not to exceed sixty (60) feet or five (5) stories provided the required front, side and rear yards are each increased at least one (1) foot for each foot of additional height above the height required by this ordinance.

E. Projections of Structural Features.
1. Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than twelve inches into a required yard.
2. Eaves may project not more than thirty-six (36) inches into a required yard.
3. Open or lattice enclosed fire escapes may project into a required yard not to exceed five (5) feet.

F. Porte-Cochere. A porte-cochere may project into a required side yard, provided every part of such porte-cochere is unenclosed except for necessary structural supports.

G. Double Frontage Lots. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one required front yard need be provided.

H. Railroad Siding.
1. Where the side yard abuts and is used for access to a railroad siding, the yard setback shall be zero (0) feet.
2. Where the rear yard abuts and is used for access to a railroad siding, the yard setback shall be zero (0) feet.
Heavy Manufacturing/Industrial Land Uses
Generally includes those manufacturing and industrial processes considered "heavy" especially the processing of raw materials or chemicals or with environmental and adjacency issues.
Installation, Irrigation and Maintenance

A. All required landscaped area shall be permanently landscaped with living plant material, and shall have an irrigation system installed. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this ordinance.

B. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

C. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, and other steps necessary to maintain the plants in healthy and growing condition. Plant materials which die shall be replaced with plant material of similar variety and size within ninety (90) days period, with a one-time extension not exceeding ninety (90) days being provided upon approval of the City Council.

D. In areas to be maintained by the City, if approved by the City Council, all landscape and irrigation materials to be used by the developer shall be designed to conserve water and be of low maintenance. All landscape and irrigation improvements shall conform to the requirements of the City governing sight distance for traffic safety and other ordinances of the City. All planting, if maintained by the City, must be approved by the City. Submittal of plant types will be submitted with irrigation plans for review and approval.
Institutional/Governmental Land Uses
Generally public and quasi-public land uses including utility, educational, religious, recreational, cultural, medical, governmental, and other uses that are strongly vested with public or social importance.
Light Assembly/Manufacturing/Industrial Land Uses
Includes the on-site storage, manufacture, assembly or processing of products and goods not otherwise classified as agricultural or extractive. Generally excludes those manufacturing and industrial processes considered "heavy" especially the processing of raw materials or chemicals or with environmental and adjacency issues.
Multifamily Development in R-3 and R-4 Districts.

MULTIFAMILY LANDSCAPING REQUIREMENTS.
A. Twenty (20) percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this ordinance shall be landscaped in accordance with this Section.
B. Not less than forty (40) percent of the total landscaping required shall be located in the front yard setback. The front yard setback will also be considered the landscape strip.
C. No parking shall be allowed within any front yard setback.
D. One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every five hundred (500) square feet of front yard setback.
E. One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every fifteen (15) parking spaces.
F. Of the required twenty (20) percent landscaping, interior parking lots shall be landscaped as follows:
 
Total Parking Area in Square Feet Interior Landscape Area in Percentage
7,000–24,999 5
25,000–49,999 8
50,000 and larger 10
 
G. Parking lots less than seven thousand (7000) square feet shall not be required to provide interior landscaping.
H. All landscaped areas, including permeable areas and driplines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area, shall be protected with curbs, parking blocks, or similar barriers sufficient to protect them from vehicular intrusion.
Nonconforming Landscaping Conditions
Developments, structures, and uses that are in existence at the time of the adoption of this ordinance, which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming. These nonconforming uses/structures will be subject to Article 4, Nonconforming Lots, Structures and Uses of this ordinance unless otherwise provided for in this Section.
Nonconformities
4.1 Nonconforming Lots, Uses & Structures.

4.1.1  See § 4.11 PURPOSE AND INTENT for details.
 
4.1.2 NONCONFORMING USES REGULATED.
Nonconforming uses are incompatible with permitted uses. Therefore, no nonconforming use of land or building, nonconforming lot or yard, or any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this Ordinance.

4.1.3  NONCONFORMING LOTS OF RECORD.
All legally conforming platted lots and all legally constructed structures existing prior to the effective date of this ordinance shall be deemed to continue to be legally conforming as of the effective date of this ordinance. This provision shall apply even though such lot or structure fails to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations, such as setback distances, heights, and percent of lot coverage shall apply. Any change, alteration, or modification decreasing the area of any said lot or structure shall conform to these zoning regulations contained herein or be authorized by variance granted by the Zoning Board of Adjustment. Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located, is nonconforming when:
A. The use, lot, or structure was in existence and lawfully operating on the date of the passage of this ordinance, and has since been in regular and continuous use; or
B. The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; or
C. The use, lot, or structure had commenced at the time of annexation proceedings and has since been in regular and continuous use.

4.1.4  NONCONFORMING USES OF LAND.
If, at the effective date of this ordinance or amendment thereof, a lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:
A. The nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.
B. The nonconforming use shall not be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance.
C. If any such nonconforming use of land is deemed to be abandoned or discontinued for any for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

4.1.5  NONCONFORMING BUILDINGS AND STRUCTURES.
If a lawful building exists at the effective date of adoption of this ordinance or any amendment thereto that could not be built under the terms of this ordinance because of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, the building may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No Enlargement.
A nonconforming building may not be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with the City building codes.
B. Destruction.
Should a nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost (as determined at the time of destruction), or fifty (50) percent of the square footage of the building, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the Zoning Board of Adjustment, after public hearing thereon. In the event the board conducts a hearing pursuant to this Section, the board must give due consideration of the property rights of persons affected, in light of public welfare and the character of the area surrounding the nonconforming building.
C. Moving of Building.
Should a nonconforming building be moved for any reason for any distance whatever, it must thereafter conform to the regulations of the district in which it is located after it is moved.
D. Nonconforming Structures in Residential Zones.
All structures located on parcels located in residential zoning districts, on the effective date of this ordinance shall be deemed to be conforming, unless the size of the structure is increased, in which event the minimum size of structure required by this Ordinance for the zoning district in which the structure is located shall apply.
E. Completion of Building Under Construction.
A building under construction at the time of the passage of this ordinance, or any amendment to this ordinance, may be completed in accordance with its plans and designated use so long as it is completed within one year from the date of passage of this ordinance or from the date of the amendment to this ordinance.

4.1.6  See § 4.16 NONCONFORMINGUSES OF BUILDINGS for detailed information.
4.1.7  See § 4.17 REPAIRS AND MAINTENANCE for detailed information.

4.1.8  NONCONFORMING USES DISCONTINUED.
A. Requirements.
A nonconforming use of any building, structure or land which has been discontinued shall not thereafter be returned to any conforming use.
B. Discontinuation.
A nonconforming use shall be considered discontinued when any of the following occur:
1. It has been replaced with a conforming use;
2. The nonconforming building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of 180 days, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such 180-day period; or
3. Land used for a nonconforming use has ceased to be used in a bona fide manner as a nonconforming use for 180 consecutive days; or
4. The intention of the owner to permanently discontinue the use is apparent.
 
4.1.9  ABANDONMENT OF NONCONFORMING USE. See 4.1.9 for detailed information.
 
4.1.10  CHANGES THAT LESSEN NONCONFORMITY.
The Board of Adjustment may grant a change to a more restrictive or less intensive nonconforming use that lessens the extent of the original nonconformity.

4.1.11 AMORTIZATION. See § 4.111 AMORTIZATION for detailed information.

See Article 4: Nonconformities for complete, detailed information.
See § 14.02.007: Nonconforming uses. for more information on nonconforming uses.
Nonresidential Uses and Residential Common Areas

NONRESIDENTIAL AND RESIDENTIAL COMMON AREAS LANDSCAPING CRITERIA.
A. Twenty (20) percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this ordinance shall be landscaped in accordance with this Section.

B. Not less than forty (40) percent of the total landscaping required shall be located in the front yard setback. The front yard setback will also be considered the landscape strip.

C. No parking shall be allowed within any front yard setback.

D. One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every five hundred (500) square feet of front yard setback.

E. One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every fifteen (15) parking spaces.
 
F. Of the required twenty (20) percent landscaping, interior parking lots shall be landscaped as follows:
 
Total Parking Area in Square Feet Interior Landscape Area in Percentage
7,000–24,999 5
25,000–49,999 8
50,000 and larger 10
 
 
G. Parking lots less than seven thousand (7000) square feet shall not be required to provide interior landscaping.

H. A parking screen shall be provided on nonresidential properties where headlight glare from parking spaces, or the orientation of a drive through would cause the glare to be directly observed from the public right-of-way. A parking screen of live evergreen shrubs shall be installed in a planting strip adjacent to the parking area. The planting strip must be at least a minimum thirty-six (36) inches wide and protected from vehicle damage through distance and curbing. The screen shall be of sufficient height at planting, to adequately screen headlight glare. The front yard landscape buffer may also be utilized. Planted shrubs may not interfere with any established sight visibility triangles.

I. All landscaped areas, including permeable areas and driplines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area, shall be protected with curbs, parking blocks, or similar barriers sufficient to protect them from vehicular intrusion.

J. Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase shall be subject to the landscape regulations. However, each phase will be required to meet the landscaping regulations as that phase is developed.

K. In the I Industrial zoning district only, the rear and side yard landscape requirements may be waived by the Administrative Official upon submittal of a landscape plan meeting the other requirements of this Section.

L. All landscape material shall comply with visibility requirements of the Subdivision Ordinance.
Office Land Uses
Uses more of an office nature generally without retail sales. These uses tend to be more compatible with adjacent residential areas as well as central business districts.

 
Off-Street Stacking Requirements for Drive Through Facilities

A. A stacking space shall be an area on a site measuring eight (8) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.

B. The following stacking requirements may be used as a guide but may be modified at the time of site plan review based on use and design of this facility:
1. For financial institutions with drive-through facilities, each teller window or station, human or mechanical five (5) stacking spaces.
2. For each service lane of a drive-through restaurant, a minimum of six (6) spaces. An escape lane shall be provided.
3. For kiosks, a minimum of two (2) stacking spaces for each service window.
4. For each full-service auto wash, vacuum or gas pump lane, a minimum of seven (7) stacking spaces.
5. For each self-service (drive-through/automated) wash bay, a minimum of three (3) stacking spaces in addition to the wash bay.
6. For each self-service (open bay), a minimum of two (2) stacking spaces in addition to the wash bay.
7. For automobile quick lube facilities, a minimum of three (3) stacking spaces in addition to the service bay.

C. Off Street Loading Spaces - All Districts.
1. All retail, commercial, and industrial structures, on an as needed basis, shall provide and maintain an off-street area for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof. A loading space shall consist of an area of a minimum of twelve (12) by thirty (30) feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks. These requirements may be modified based on use at the time of site plan review.

2. All loading areas and service bay doors shall be designed where loading doors or docking areas are not directly visible from streets. These areas shall be fully screened with a screening wall. Live landscaping may be allowed based on use or location.

3. All loading areas shall be designed to minimize the impact on adjacent uses. If loading areas are adjacent to residential (single-family, duplex, or multifamily) developments or zoning districts, loading and unloading hours shall be restricted to 6:00 a.m. to 10:00 p.m.

4. Garage doors or service bays for auto/boat motor vehicle related uses shall not face a street, unless it is fully screened with live landscaping or a screening wall.
Outdoor Lighting Requirements

Applicability.
All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this Section, the Building Code and the Electrical Code of the City of Joshua as applicable and under appropriate permit and inspection. These lighting standards shall apply to all non-residential uses in the City of Joshua. Unless otherwise stated, this ordinance does not regulate lighting in public road rights-of way.
The general purpose of lighting requirements is to:
A.
Reduce the problems created by improperly designed and installed outdoor lighting.
B.
Eliminate problems of glare on operators of motor vehicles, pedestrians and land uses.
C.
Minimize light trespass.
D.
Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area that certain kinds of outdoor lighting fixtures can illuminate.
E.
 Preserve the sky as a natural resource and thus the public’s enjoyment.
 

GENERAL
A. Unless otherwise provided herein, illumination, where required by this ordinance, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended.
 
B. Unless otherwise provided herein, all building lighting for security or aesthetics will be fully shielded type, not allowing any upward distribution of light. Wall pack type fixtures are acceptable only if they are fully shielded with 80° cut-off.
 

 
C. No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this Section, a nuisance shall be defined as more than one tenth (0.1) of one footcandle of light measured at the residential property line or twenty-five hundredths (0.25) of one footcandle of light measured at any adjoining non-residential property line, unless said non-residential property is of a similar use and utilizes similar lighting parameters.

D. Halogen lights are prohibited.
E.  Shielding shall be required in all outdoor lighting installations as specified below.
 
Lamp Type Shielding
Low Pressure Sodium (LPS) Fully Shielded, with 80° cut-off
High Pressure Sodium (HPS) Fully Shielded, with 80° cut-off
Metal Halide Fully Shielded, with 80° cut-off
Halogen Prohibited
Mercury Vapor Prohibited
Fluorescent Fully Shielded, with 80° cut-off
Incandescent Fully Shielded, with 80° cut-off
Any light source 50 watts and under Unshielded Permitted as long as source not visible to adjacent residential
Low intensity Neon, Krypton or Argon Discharge Tubes Unshielded Permitted as long as source not visible to adjacent residential
Light Emitting Diodes (LED) Unshielded Permitted as long as source not visible to adjacent residential
 
ILLUMINATION
A. Measurement: Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods.

B. Computation of Illumination: Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects.

C. Limitations on neighboring property: The limit of illumination on neighboring property from one (1) establishment shall be by zoning of the neighboring property. Maximum computed or measured footcandles at the neighboring property line shall not exceed:
 
  Footcandles
Land Use Type Horizontal
Single-family and two-family residential districts 0.25
Non-residential districts 2.25
 
NON-RESIDENTIAL ILLUMINATION
A. All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for site security.

B. Floodlights, accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of fifty (50) watts or less are excepted if necessary for security purposes.
 

C. Parking lots and vehicle movement areas and signs shall not exceed a maximum illumination value of forty (40) footcandles nor a minimum illumination value of 1.0 footcandles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 150 watts. Total pole and fixture height shall not exceed a maximum of thirty (30) feet, measured from grade at the base. The light head or light under canopies shall be designed so that any light filament or bulb is shielded or recessed to prevent direct glare and/or light trespass. No exposed lamp, filament or bulb shall be detectable from outside of the 80-degree cutoff area or from the adjoining property lines. Building facades and architectural features of buildings may use sconces when the following conditions are met:

D. Floodlight fixtures are equipped with shields and are located so as to limit the fixture’s direct light distribution solely to the building façade or feature being illuminated;

E. The configuration of the floodlight installation shall block all view to the floodlight fixture’s recessed lamp, bulb or filament from pedestrian walkways, vehicle maneuvering areas and all adjacent properties;

F. Fixtures used to accent architectural features, landscaping or art shall be located, aimed or shielded to minimize light spill into the night sky, and;

G. The maximum luminance of any floodlighted surface does not exceed the footcandles specified in the Illuminating Engineering Society of North America Lighting Handbook for floodlighting surfaces.

H. Limitations on establishment property. The maximum outdoor initial computed or measured illuminant level on the establishment property shall not exceed forty (40) footcandles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed sixty (60) footcandles.

I. Externally illuminated signs, advertising displays, building identification and monument signs that use top mounted light fixtures shall shine light downward and will be fully shielded or shine upward with pinpointed light which are also fully shielded.

J. Outdoor light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize light-spillover and glare.

PUBLIC AND SEMI-PUBLIC RECREATIONAL FACILITIES.
A. Any light source permitted by this Section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:

B. All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.

C. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
 
PROHIBITED.  Unless otherwise authorized, the following shall be prohibited.
A. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.
B. The operation of searchlights for advertising purposes is prohibited.
C. Halogen and Mercury Vapor Lights are prohibited.

EXEMPTIONS. The following are exempt from the outdoor lighting requirements of this Ordinance:
A. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries used by the Police or Fire Departments.

B. All hazard warning luminaries required by Federal regulatory agencies except that all luminaries used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.

C. Up lighting of the City of Joshua, State of Texas, or United States of America flag.
D. Seasonal decorative lighting.

See § 10.18 TEMPORARY EXEMPTIONS for a list of temporary exemptions.

NON-CONFORMING LIGHTING.
All luminaries lawfully in place prior to the date of the ordinance shall be considered as having legal non-conforming status. However, any luminary that replaces a legal non-conforming luminary, or any legal non-conforming luminary that is removed or relocated, must meet the standards of this Ordinance.
Personal and Business Services Land Uses
Uses generally more of a service nature to either other businesses or individuals. They are not primarily retail sales and would not be considered the heavier classification of commercial use
 
Residential Land Uses
Includes structures, houses and buildings occupied for dwelling uses and those uses normally related to and/or accessory to the provision of housing.
Retail Land Uses
Generally, the sale of goods and services from individuals or businesses to the end-user, whereby sales taxes are normally paid. A retailer purchases goods or products in large quantities from manufacturers directly or through a wholesale, and then sells smaller quantities to the consumer for a profit.
Screening Wall Construction

Unless otherwise provided for herein, a screening wall required under the provisions of this Section shall be constructed of a permanent, solid masonry material.
A. All wall or fence openings shall be equipped with gates compatible with the height and screening characteristics of the wall or fence.
B. In cases where City Council finds this requirement can be better met by a screen of living, irrigated plant materials, a landscape plan may be submitted in lieu of a screening wall. Such landscape screening must be no less than four (4) feet deep and must demonstrate screening characteristics equal to that of a masonry-screening wall.
C. In cases where the City Council finds the requirements of this subsection can be better met by a decorative fence or a combination of decorative fence and masonry screening wall and/or living plant materials, plans for the same may be submitted to the City for approval along with a landscape plan.
D. All required screening walls shall be equally finished on both sides of the wall.
Single-Family and Two-Family Residential Landscaping

Single-Family and Two-Family Residential Landscaping.

The following landscape installation is required
A. Twenty (20) percent of the total lot shall be landscaped. Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants

B. Residential uses located in the A, R-1L, R-1, or R-2 zoning districts shall be required to have a minimum of one tree in the front-yard setback. Such trees shall be a minimum of three (3) inches in caliper.
Temporary Uses
Uses generally considered to be temporary in nature, and not allowed for more than 180 days or until a particular project is complete. The building official may allow 60 day extensions to complete such projects.
Transportation and Auto Services Land Uses
The sale of vehicles, goods and services related to transportation. Vehicles also means trucks, boats, motorcycles, bicycles, airplanes & heavy equipment. Goods includes vehicle parts and accessories.Services includes repairs, maintenance, storage & actual modes of transportation such as taxis and limousines
Tree List and Planting Requirements

See § 8.7: Preferred Tree List. for a complete list of preferred trees.

Tree Planting Requirements.

DISTANCE FROM CURB TO SIDEWALK.
The distance that trees may be planted from the curb or curb lane will be in accordance with the tree species size classes listed in § 8.7: Preferred Tree List, and no trees may be planted closer to any curb or sidewalk than the following: small trees-two (2) feet; medium trees-three (3) feet; and large trees-four (4) feet.

TREE DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS.
No tree shall be planted within the visibility triangle. No tree shall be planted closer than ten (10) feet of any fire hydrant.

UTILITIES.
No trees other than those species listed as small trees in Section 8.7 may be planted in any utility easement under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground waterline, sewer line, transmission line or other utility. If Utility providers prohibit the planting of trees within their respective easements, the developer shall relocate the required trees; however, they must obtain approval from the Administrative Official on where the trees are to be relocated on the site.

TREE TOPPING.
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical are exempt from this Section.