14.1 The City
of Highland Village, Texas hereby establishes the following zoning
districts. The use, height and area regulations as set out herein
apply to each district. The districts established herein shall be
known as:
Abbreviated Designation
|
Zoning District Name
|
---|
Base Districts
|
|
SF-40
|
Single-family residential - low density - 40000 square foot
lots
|
SF-15
|
Single-family residential - 15000 square foot lots
|
SF-12
|
Single-family residential - 12000 square foot lots
|
SF-10
|
Single-family residential - 10000 square foot lots
|
SF-8
|
Single-family residential - 8000 square foot lots
|
2F
|
Two-family residential (duplex) - 8400 square foot lots
|
MF
|
Multifamily residential - 16 units per acre
|
O
|
Office
|
NS
|
Neighborhood service
|
R
|
Retail
|
HC
|
Highway commercial
|
C
|
Commercial
|
LI
|
Light industrial
|
Overlay Districts
|
|
PD
|
Planned development (prefix and overlay district)
|
14.2 A summary
of the area regulations of the following zoning districts is included
in the appendix.
Editor's note–The summary of area regulations
is not printed herein.
14.3 Certain terms and definitions used in this ordinance can be found in section
39 of this ordinance.
(Ordinance 2018-1254 adopted 11/13/18)
15.1 General
purpose and description:
The SF-40, single-family zoning district is designed to promote
and encourage a suitable environment for family life on large parcels
of land used only for suburban style single-family homes and their
community services and facilities. This district is intended to encourage
more open space, permeable surfaces, and greater setbacks with characteristics
of semi-rural areas (estimated average density, 0.8 units per acre).
15.2 Permitted
uses:
1. Those primary uses specified in section
29 (Use Charts).
2. Accessory uses as specified in section
34.
3. Conditional uses as specified in section
12.
15.3 Height
regulations:
A. Maximum
height:
Thirty-five feet for the main building. One story
[for] accessory buildings without garages.
15.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Forty thousand square feet.
2. Minimum
lot width:
One hundred fifty feet.
3. Minimum
lot depth:
One hundred fifty feet.
B. Size of
yards:
1. Minimum
front yard:
Thirty-five feet.
2. Minimum
side yard:
Twenty feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section
36).
3. Minimum
rear yard:
Thirty feet.
C. Maximum
lot coverage:
Fifty percent including accessory buildings,
driveways and parking areas.
D. Parking
regulations:
1. Single-family
dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section
31, off-street parking and loading regulations).
E. Minimum
dwelling unit area:
Two thousand square feet.
15.5 Other
regulations:
A. No permanent
use of temporary dwellings, such as recreational vehicles, travel
trailers or mobile homes, may be used for on-site dwelling purposes.
B. Electrical
fencing and barbed wire are prohibited as perimeter fencing except
for containment of farm animals on one acre or larger.
C. Outside storage
is prohibited (except for materials for the resident's personal use
or consumption, i.e., firewood, garden materials, etc., and screened
from public view. Public view shall be deemed from a public street.)
D. As established by sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
16.1 General
purpose and description:
The SF-15, single-family residential
district - 15000 is intended to be similar to the SF-40 except composed
of detached, single-family residences on lots of not less than 15,000
square feet (estimated average density: 2.0 dwelling units per acre).
16.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
16.3 Height
regulations:
A. Maximum
height:
Thirty-five feet for the main building. One story
for accessory buildings without garages.
16.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Fifteen thousand square feet.
2. Minimum
lot width:
One hundred feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Thirty feet.
2. Minimum
side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section
36).
3. Minimum
rear yard:
Twenty feet adjacent to an alley; 15 feet
if no alley exists.
C. Maximum,
lot coverage:
Thirty-five percent by main buildings and
accessory buildings.
D. Parking
regulations:
1. Single-family
dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section
31, off-street and loading requirements).
2. [Garages:]
Garages shall not face a street unless the garage is set back
40 feet or more from the front property line. (Also see section 31.2(D))
E. Minimum
dwelling unit area:
One thousand eight hundred square
feet.
16.5 Other
regulations:
A. No permanent
use of temporary dwellings, such as travel trailers or mobile homes,
may be used for on-site dwelling purposes.
B. Electrical
fencing and barbed wire are prohibited as perimeter fencing except
for containment of farm animals on one acre or larger.
C. Open storage
is prohibited (except for materials for the resident's personal use
or consumption i.e., firewood, gardening materials, etc., and screened
from public view. Public view shall be deemed from a public street.)
D. Single-family
homes with side entry garages where lot frontage is only to one street
(not a corner lot) shall have a minimum of 20 feet from the door face
of the garage to the side property line for maneuvering.
E. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
17.1 General
purpose and description:
The SF-12 single-family residential district - 12000 is intended
to be similar to the SF-15 except composed of detached, single-family
residences on lots of not less than 12,000 square feet (estimated
average density: 2.5 dwelling units per acre).
17.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
17.3 Height
regulations:
A. Maximum
height:
Thirty-five feet for the main building. One story
for accessory buildings without garages.
17.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Twelve thousand square feet.
2. Minimum
lot width:
Ninety feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Thirty feet.
2. Minimum
side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section
36).
3. Minimum
rear yard:
Twenty feet if adjacent to an alley; 15 feet
if no alley exists.
C. Maximum
lot coverage:
Thirty-five percent by main and accessory
structures.
D. Parking
regulations:
1. Single-family
dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section
31, off-street parking and loading requirements).
2. [Garages:]
Garages shall not face a street unless the garage is set back
40 feet or more from the front property line. (Also see section 31.2(D)).
E. Minimum
dwelling unit area:
One thousand five hundred square
feet.
17.5 Other
regulations:
A. No permanent
use of temporary dwellings, such as recreational vehicles, travel
trailers or motor homes, may be for on-site dwelling purposes.
B. Electrical
fencing and barbed wire are prohibited as perimeter fencing except
for containment of farm animals on one acre or larger.
C. Open storage
is prohibited (except for materials for the resident's personal use
or consumption, i.e., firewood, gardening materials, etc., and screened
from public view. Public view shall be deemed from a public street.)
D. Single-family
homes with side entry garages where lot frontage is only to one street
(not a corner lot) shall have a minimum of 20 feet from the door face
of the garage to the side property line for maneuvering.
E. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
18.1 General
purpose and description:
The SF-10 single-family residential
district - 10000 is intended to be similar to the SF-12 except composed
of detached, single-family residences on lots of not less than 10,000
square feet (estimated average density: 3.1 dwelling units per acre).
18.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
18.3 Height
regulations:
A. Maximum
height:
Thirty-five feet for the main building. One story
for accessory buildings without garages.
18.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Ten thousand square feet.
2. Minimum
lot width:
Eighty feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section
36).
3. Minimum
rear yard:
Twenty feet adjacent to an alley; 15 feet
if no alley exists.
C. Maximum
lot coverage:
Forty percent by main and accessory structures.
D. Parking
regulations:
1. Single-family
dwelling unit:
Two enclosed spaces behind the front building line on the same lot as the main structure (see section
31, off-street parking and loading requirements).
2. [Garages:]
Garages shall not face a street unless the garage is set back
40 feet or more from the front property line. (Also see section 31.2(D))
E. Minimum
dwelling unit area:
One thousand five hundred square
feet.
18.5 Other
regulations:
A. No permanent
use of temporary dwellings, such as recreational vehicles, travel
trailers or motor homes, may be for on-site dwelling purposes.
B. Electrical
fencing and barbed wire are prohibited as perimeter fencing except
for containment of farm animals on one acre or larger.
C. Open storage
is prohibited (except for materials for the resident's personal use
or consumption, i.e., firewood, gardening materials, etc., and screened
from public view. Public view shall be deemed from a public street.)
D. Single-family
homes with side entry garages where lot frontage is only to one street
(not a corner lot) shall have a minimum of 20 feet from the door face
of the garage to the side property line for maneuvering.
E. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
19.1 General
purpose and description:
The SF-8, single-family residential
district - 8000 is designed to provide for suitable residential environment
on smaller and more compact lots or parcels of land not less than
8,000 square feet (estimated average density: 3.8 dwelling units per
acre).
19.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
19.3 Height
regulations:
A. Maximum
height:
Thirty-five feet for the main building. One story
for accessory buildings without garages.
19.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Eight thousand four hundred square feet.
2. Minimum
lot width:
Sixty-five feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section
36).
3. Minimum
rear yard:
Twenty feet if adjacent to an alley; 15 feet
if no alley exists.
C. Maximum
lot coverage:
Forty percent by main buildings and accessory
buildings.
D. Parking
regulations:
1. Single-family
dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section
31, off-street and loading requirements).
2. [Garages:]
Garages shall not face a street unless the garage is set back
40 feet or more from the front property line. (Also see section 31.2(D))
E. Minimum
dwelling unit area:
One thousand four hundred square
feet.
19.5 Other
regulations:
A. No permanent
use of temporary dwellings, such as travel trailers or mobile homes,
may be used for on-site dwelling purposes.
B. Electrical
fencing and barbed wire are prohibited as perimeter fencing except
for containment of farm animals on one acre or larger.
C. Open storage
is prohibited (except for materials for the resident's personal use
or consumption i.e., firewood, gardening materials, etc., and screened
from public view. Public view shall be deemed from a public street.)
D. Single-family
homes with side entry garages where lot frontage is only to one street
(not a corner lot) shall have a minimum of 20 feet from the door face
of the garage to the side property line for maneuvering.
E. Regulations as established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
20.1 General
purpose and description:
The 2F, two-family residential
district is intended to promote stable, quality multiple-occupancy
residential development at slightly increased densities. Individual
ownership of the two-family or duplex units is encouraged. This district
may include portions of neighborhoods, or, when in accordance with
the intent of the comprehensive plan, may provide a "buffer" or transition
district between lower density residential areas and higher or nonresidential
areas, or major thoroughfares (estimated average density: 6.4 dwelling
units per acre).
20.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
20.3 Height
regulations:
A. Maximum
height:
Thirty-five feet for the main building. One story
for accessory buildings without garages.
20.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Eight thousand four hundred square feet for
each pair of dwelling units or 4,200 square feet per unit.
2. Minimum
lot width:
Seventy feet; 35 feet for each dwelling unit.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Ten feet required; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section
36).
3. Minimum
rear yard:
Twenty feet if adjacent to an alley; 15 feet
if no alley exists.
C. Maximum
lot coverage:
Fifty percent by main buildings.
D. Parking
regulations:
1. Residential
structures:
A minimum of two enclosed spaces for each unit behind building line on the same lot as each dwelling unit (see section
31, off-street parking and loading requirements).
2. [Garages:]
Garages shall not face a street unless the garage is set back
40 feet or more [from the] front property line. (Also see section
31.2(D))
E. Minimum
dwelling area size:
One thousand two hundred square feet.
20.5 Other
regulations
A. Lots in the
2F district shall be platted in pairs such that a duplex may be placed
on each pair of lots for the purpose of encouraging individual ownership
of each side or unit. The subdivision plat shall designate the pairs
of lots and which lot lines are to be outside lot lines of each pair.
There shall be only one dwelling unit per lot, and no dwelling unit
shall cross a designated outside lot line. No single-family detached
dwelling may be constructed on one of the designated pairs of lots.
B. All utilities
shall be provided separately to each duplex in a 2F district such
that each unit is individually metered.
C. Single-family
dwellings constructed in this district shall conform to the standards
as set forth in the SF-8 district.
D. A two-hour
interior firewall is required between attached units.
E. A preliminary
plat is required at the time of zoning approval for duplex subdivisions.
F. No permanent
use of temporary dwellings, such as travel trailers, recreational
vehicles, or motor homes, may be for on-site dwelling purposes.
G. Electrical
fencing and barbed wire are prohibited as perimeter fencing except
for containment of farm animals on one acre or larger.
H. Open storage
is prohibited (except for materials for the resident's personal use
or consumption, i.e., firewood, gardening materials, etc., and screened
from public view. Public view shall be deemed from a public street.)
I. Single-family
homes with side entry garages where lot frontage is only to one street
(not a corner lot) shall have a minimum of 20 feet from the door face
of the garage to the side property line for maneuvering.
J. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
21.1 General
purpose and description:
The MF, multiple-family residential district is an attached
residential district intended to provide the highest residential density
of 16 dwelling units per acre. The principal permitted land uses will
include low-rise multiple-family dwellings, and garden apartments.
Recreational, religious, health and educational uses normally located
to service residential areas are also permitted in this district.
This district shall be located adjacent to a major thoroughfare and
serve as a buffer between retail/commercial development or heavy automobile
traffic, and medium or low density residential development.
21.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
21.3 Height
regulations:
A. Maximum
height:
Thirty-five feet. All accessory buildings (excluding
recreational buildings) shall be limited to one story in height.
21.4 Area regulations:
A. Size of
lots:
1. Minimum
lot area:
Two thousand seven hundred twenty-two square
feet per dwelling unit, not to exceed 16 dwelling units per acre (calculated
on gross acreage). The minimum lot size shall be 20,000 square feet.
2. Minimum
lot width:
One hundred feet.
3. Minimum
lot depth:
One hundred twenty feet.
B. Size of
yards:
1. Minimum
front yard:
Forty feet. All areas adjacent to a street
shall be deemed front yards.
2. Minimum
side yard:
Fifteen feet; 60 feet when building is in
excess of one story in height and adjacent to a single-family zoning
district.
3. Minimum
rear yard:
Twenty feet; 80 feet when the building is
in excess of one story and adjacent to a single-family zoning district.
4. Building
separation:
One story, 15 feet, two stories, 20 feet
between buildings without openings (windows or doors); one story,
25 feet, two stories, 35 feet between buildings with openings.
C. Minimum
area per dwelling unit:
Seven hundred fifty square feet
per unit plus 150 square feet for each additional bedroom over one[.]
D. Maximum
lot coverage:
Fifty percent total, including main and
accessory buildings[.]
E. Parking
regulations:
1. 1.75 per
each efficiency or one-bedroom unit.
2. Two per
each two-bedroom unit.
3. 2.5 per
each three-bedroom unit.
4. Three per
each four or more bedroom unit.
5. Fifty percent
of the required parking spaces shall be covered.
6. All parking
areas shall be screened from view adjacent to public streets. Screening
may be in the form of live plant materials, berms, or brick masonry
walls.
7. All complexes
must provide one additional designated space for every ten units for
the storage of recreational vehicles, boats and/or trailers. These
spaces shall be in a designated area and not counted towards the number
of required parking spaces.
8. See section
31, off-street parking and loading requirements.
21.5 Refuse
facilities:
A. Every multifamily
dwelling unit shall be located within 250 feet of a refuse facility,
measured along the designated pedestrian and vehicular travelway.
A refuse facility shall be a dumpster or other similar receptacle
designed for receiving garbage in bulk for more than one dwelling.
Refuse dumpsters shall be no closer than 30 feet to any adjacent single-family
property.
B. Each refuse
facility shall be screened from view on three sides from persons standing
at ground level on the site or immediately adjoining property, by
an opaque wall of brick masonry not less than six feet, nor more than
eight feet in height. Refuse containers shall be provided and maintained
in a manner to satisfy local public health and sanitary regulations.
Each refuse facility shall be located so as to provide safe and convenient
pickup by refuse collection agencies. (See illustration 16 for gate
design.)
21.6 Other
regulations:
A. No permanent
use of temporary dwellings, such as travel trailers, recreational
vehicles, or motor homes, may be for on-site dwelling purposes.
B. Open storage
is prohibited.
C. The front
door of each apartment unit shall be no more than 150 feet from a
fire lane (measured by an unobstructed straight line).
D. A paved walkway
shall connect the front door of each ground floor unit and to the
parking area.
E. Each multifamily
complex shall provide recreational facilities designed for use by
the tenants of the complex.
F. Buildings
shall not exceed 200 feet in length.
G. All multifamily
dwelling units shall have roof slopes with a minimum of 4:12 pitch.
H. Buildings
with facades that are longer than 50 feet shall have their facades
broken up into smaller areas through the use of varying facade setbacks,
arcades, architectural features such as recessed vestibules, columns,
canopies, or other acceptable means.
I. Boats, campers,
trailers and other recreational vehicles shall be prohibited unless
oversize parking areas are provided. This parking area shall not be
used to meet the minimum parking requirements and shall not be in
view from a public street (also see [section]21.4(E)).
J. All buildings
containing residential units shall provide a sign, visible from the
driveway, identifying the unit numbers within the building.
K. All mechanical,
heating and air conditioning units shall be screened or hidden from
view.
L. Usable open
space:
Each lot or parcel of land, which is used for
multiple-family residences, shall provide on the same lot or parcel
of land, usable open space (as defined below) in accordance with the
following requirements:
Number of Bedrooms or Sleeping Rooms
|
Amount of Open Space For Each Sleeping Room
|
---|
One or less
|
600 square feet
|
Each additional bedroom over 1
|
300 square feet
|
An area of common usable open space shall have a slope
not exceeding ten percent, shall have no dimension of less than ten
feet, and may include landscaping, walks, recreational facilities,
water features and decorative objects such as artwork or fountains.
Usable open space shall not include: rooftops; accessory buildings;
parking areas; driveways; turnaround areas; or the right-of-way or
easement for streets or alleys.
At the time of site plan approval, the planning and zoning commission
may recommend and the city council may approve credit for usable open
use requirements under the following conditions:
1. Up to three
square feet for each one square foot of area provided for the following
recreational facilities:
a. Swimming
pools, tennis courts, racquetball courts, or similar facilities.
b. Decks,
patios or lounge areas adjacent to or within ten feet of swimming
pools.
c. Children's
play areas developed with play equipment.
d. Usable
portions of recreational buildings.
2. Partial
or full credit may be given for on-site open space that exceeds the
minimum slope as defined above, if it is determined that such areas
are environmentally or aesthetically significant and their preservation
would enhance the development and community. In determining environmental
and aesthetic significance, the planning and zoning commission and
city council will consider:
a. Preservation
of significant trees or other natural vegetation.
b. Contribution
to on-site retention of stormwater or natural control of drainage.
c. Preservation
of vistas and other qualities.
d. Buffer
or transition between the multifamily use and other uses.
3. Available
off-site open space may be credited for up to one-third of the usable
open space requirement if:
a. Fifteen
percent or more of the site's boundary is adjacent to park land.
b. There
are defined pedestrian connections between the multifamily development
and park land.
c. Permanent
usable open space is within 100 feet of the development that is available
for use by the general public.
d. The design
of the development provides a significant visual and pedestrian connection
in park land.
4. The combined
credit for areas calculated at a three-to-one basis and off-site parks
or usable open space shall not exceed 50 percent of the total usable
open space requirement for each multifamily development.
M. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
22.1 General
purpose and description:
The O, office district is established
to create a flexible district for low intensity office and professional
uses generally in buildings two stories or less. Permitted uses should
be compatible with adjacent residential areas by limiting heights
to one story and utilizing buffers and landscape requirements established
by the district. Buildings in this district should be compatible and
in similar scale with residential uses and adjacent property.
22.2 Uses permitted:
1. Those uses specified in section
29 (Use Charts).
2. Uses permitted by conditional use permit according to section
12.
22.3 Height
regulations:
A. Maximum
height:
Two stories or 40 feet.
B. Roof pitch:
Buildings shall have a minimum roof pitch of 4:12 if the building
is within 60 feet of a residential use or zoning district.
22.4 Area regulations:
A. Size of
yards:
1. Minimum
front yard:
Twenty-five feet; all yards adjacent to a
street shall be considered a front yard.
2. Minimum
side yard:
Exterior, ten feet; interior, none.
3. Minimum
rear yard:
Twenty feet.
4. Adjacent
to a single-family district:
The side or rear setback,
whichever is adjacent to a single-family zoning district, shall observe
a 60-foot setback if the office use is over one story in height.
B. Size of
lots:
1. Minimum
lot size:
Seven thousand square feet.
2. Minimum
lot width:
Sixty feet.
3. Lot depth:
One hundred feet.
22.5 Other
regulations:
A. Maximum
floor area ratio:
0.5:1 (See illustration 1 for example).
B. Parking
requirements:
As established by section
31, off-street parking and loading requirements.
C. [Open storage:]
Open storage is prohibited.
D. [Permanent
use of temporary dwellings:]
No permanent use of temporary
dwellings, such as travel trailers or mobile homes, may be used for
on-site dwelling or nonresidential purposes.
E. [Screening
of mechanical, heating and air conditioning equipment:]
All mechanical, heating and air conditioning equipment shall be screened
from public streets.
F. [Development
standards:]
As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
23.1 General
purpose and description:
The NS, neighborhood service
district is established as a limited retail category intended for
the use of nearby neighborhood areas for the purpose of supplying
day-to-day needs and personal services. Establishments should include
small, freestanding retail structures, such as convenience stores
and neighborhood-oriented personal service establishments. Sites zoned
NS should generally utilize a small or corner lot within a logical
neighborhood area, located on a collector street and the gross leasable
floor area of structures should not exceed 6,000 square feet.
23.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
23.3 Height
regulations:
A. Maximum
height:
One story or 20 feet.
B. Roof pitch:
Buildings shall have a roof pitch of 4:12 if the building is
within 60 feet of a residential use or zoning district.
23.4 Area regulations:
A. Size of
lot:
1. Minimum
lot area:
Seven thousand square feet.
2. Maximum
lot area:
Three acres
3. Minimum
lot width:
Sixty feet.
4. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Ten feet; 25 feet adjacent to a public street
or residential lot.
3. Minimum
rear yard:
Twenty feet or 25 feet adjacent to a residential
lot.
C. Maximum
lot coverage:
Forty percent by main and accessory structures.
D. Maximum
building or structure size:
Six thousand square feet.
E. Parking
regulations:
a. As required by section
31, off-street parking and loading requirements.
23.5 Other
regulations:
A. Open storage
is prohibited.
B. No permanent
use of temporary dwellings, such as travel trailers or mobile homes.
C. All mechanical,
heating and air conditioning equipment shall be screened from public
streets.
D. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
24.1 General
purpose and description:
The R, retail district is established
to provide locations for various types of general retail trade, business
and service uses. The district allows larger shopping areas or uses
with a gross leasable floor area which exceeds 6,000 square feet (those
not permitted in the NS district). These shopping areas should utilize
established landscape and buffering requirements and be limited to
two stories in height. The "R" district should be located along or
at the intersection of major collectors or thoroughfares on F.M. 407
to accommodate higher traffic volumes.
24.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
24.3 Height
regulations:
A. Maximum
height:
Two stories; not to exceed 40 feet.
24.4 Area regulations:
A. Size of
lot:
1. Minimum
lot area:
Seven thousand square feet.
2. Minimum
lot width:
Sixty feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Twenty-five feet adjacent to a street or residential
property.
3. Interior
side yards:
When retail uses are platted adjacent to
other retail and other nonresidential uses, no side yard is required
provided:
a. Both
property owners agree to adjoining buildings;
b. Adequate
fire lanes and circulation is provided on-site; and
c. Appropriate
building codes can be met.
4. Minimum
rear yard:
Twenty-five feet.
C. Maximum
lot coverage:
Forty percent by main and accessory structures.
D. Parking
regulations:
1. As required by section
31, off-street parking and loading requirements.
24.5 Other
regulations:
A. Open storage
is prohibited.
B. No permanent
use of temporary dwellings, such as travel trailers or mobile homes,
may be used for on-site dwelling purposes.
C. All mechanical,
heating and air conditioning equipment shall be screened from public
streets.
D. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
25.1 General
purpose and description:
The HC, highway commercial zoning
district is intended to provide locations for certain larger types
and sizes of office, retail and commercial land uses oriented to F.M.
407 or I.H. 35. The uses within this district are those needing larger
parcels but not necessarily at a major street intersection. This district
allows for uses or buildings with a gross floor area of over 10,000
square feet.
25.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under the provisions of conditional use permits, section
12.
25.3 Height
regulations:
A. Maximum
height:
Two stories; not to exceed 40 feet.
25.4 Area regulations:
A. Size of
lot:
1. Minimum
lot area:
Two acres.
2. Minimum
lot width:
Two hundred feet.
3. Minimum
lot depth:
Three hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Fifty feet.
2. Minimum
side yard:
Thirty feet adjacent to a street or residential
zoning.
3. Interior
side yards:
When nonresidential uses are constructed
adjacent to other nonresidential uses, no side yard is required provided:
a. Both
property owners agree to adjoining buildings;
b. Adequate
fire lanes and circulation is provided on-site; and
c. Appropriate
building codes can be met.
4. Minimum
rear yard:
Thirty feet.
C. Maximum
lot coverage:
Thirty-five percent by main and accessory
structures.
D. Minimum
building size:
Ten thousand square feet.
E. Parking
regulations:
1. As required by section
31, off-street parking and loading requirements.
25.5 Other
regulations:
A. Open storage
is prohibited.
B. No permanent
use of temporary dwellings, such as travel trailers or mobile homes,
may be used for on-site dwelling purposes.
C. All mechanical,
heating and air conditioning equipment shall be screened from public
streets.
D. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
26.1 General
purpose and description:
The "C", commercial district
is intended predominantly for certain retail, and light intensity
wholesale and commercial uses of a service nature which typically
have operating characteristics or traffic service requirements generally
incompatible with typical office, other retail, shopping, and residential
environments. Operating characteristics which may be typical of uses
permitted in the "C" district include carwashes, pawnshops, wholesale
products, major automobile repair shops, welding shops, funeral homes,
and commercial amusement type uses.
26.2 Permitted
uses:
1. Those uses specified in section
29 (Use Charts).
2. Such uses as may be permitted under provisions of conditional use permits, section
12.
26.3 Height
regulations:
A. Maximum
height:
Two stories not to exceed 40 feet.
26.4 Area regulations:
A. Size of
lot:
1. Minimum
lot area:
Ten thousand square feet.
2. Minimum
lot width:
Sixty feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Fifteen feet; 25 feet adjacent to a street.
3. Minimum
rear yard:
Twenty feet; 30 feet if adjacent to single-family
uses or zoning district.
C. Maximum
lot coverage:
Fifty percent by main and accessory structures.
D. Parking
regulations:
As established by section
31, off-street parking and loading requirements.
26.5 Other
regulations:
A. All commercial
zoning districts shall have frontage on F.M. 407 or Interstate 35E.
B. No permanent
use of temporary buildings.
C. All mechanical,
heating and air conditioning equipment shall be screened from public
view and adjacent residential uses or zoning districts.
D. As established in the development standards, sections
30 through
38.
(Ordinance 2018-1254 adopted 11/13/18)
27.1 General
purpose and description:
The LI, light industrial district
is intended primarily for the conduct of light manufacturing, assembling
and fabrication, and for warehousing, wholesaling and service operations
that do not depend upon frequent customer or client visits. Such uses
do require accessibility to major highways, such as F.M. 407 and Interstate
35E, rail lines or other means of transportation.
27.2 Permitted
uses:
A. The following
uses are permitted in the "LI" district, provided that such manufacturing
or industrial operation shall not disseminate dust, fumes, gas, noxious
odor, smoke, glare, or other atmospheric influence beyond the boundaries
of the property on which such use is located and which produces no
noise exceeding the average intensity of noise of street traffic at
that point and provided that such use does not create fire hazards
on surrounding property.
1. Those uses specified in section
29 (Use Charts).
2. Industrial
and manufacturing plants including the processing or assembling of
parts for production of finished equipment where the process of manufacturing
or treatment of materials is such that no dust, odor, gas, smoke or
noise is emitted and not more than 20 percent of the lot or tract
is used for the open storage of products, materials, or equipment.
3. A "high
risk or hazardous industrial use" is permitted by conditional use
permit only. In this section, "high risk or hazardous industrial use"
means any industrial use whose operation, in the opinion of the fire
chief, involves a much higher than average risk to public health and
safety. These uses include but are not limited to facilities where
significant amounts of radiation, radioactive materials, hazardous
chemicals, highly toxic chemicals or substances, or highly combustible
or explosive materials are present, used, produced, stored, or disposed
of.
4. Such uses as may be permitted under provisions of conditional use permits, section
12.
27.3 Height
regulations:
A. Maximum
height:
Two stories; not to exceed 40 feet.
27.4 Area regulations:
A. Size of
lot:
1. Minimum
lot area:
Seven thousand square feet.
2. Minimum
lot width:
Sixty feet.
3. Minimum
lot depth:
One hundred feet.
B. Size of
yards:
1. Minimum
front yard:
Twenty-five feet.
2. Minimum
side yard:
Fifteen feet; 25 feet on a corner lot.
3. Minimum
rear yard:
Twenty feet; 40 feet if adjacent to single-family
uses or zoning district.
4. Additional
setback:
For structures requiring railroad access, setback
requirements from the centerline of the railroad right-of-way shall
be in accordance with applicable state law. Other setbacks may be
required under certain circumstances as stated in the building code.
C. Maximum
lot coverage:
Sixty-five percent by main and accessory
structures.
D. Parking
regulations:
As established by section
31, off-street parking and loading requirements.
27.5 Other
regulations:
A. All light
industrial zoning districts shall have frontage on F.M. 407 or Interstate
35E.
B. No permanent
use of temporary dwellings, such as travel trailers or mobile homes,
may be used for on-site dwelling purposes.
C. All mechanical,
heating and air conditioning equipment shall be screened from public
view and adjacent residential uses or zoning districts.
D. As established in the development standards, sections
30 through
38.
27.6 Compliance
with state law and federal laws:
No uses shall be allowed which are prohibited by state law or
which operate in excess of state or national environmental or pollution
standards as determined by the U.S. Environmental Protection Agency,
Texas State Department of Health, or the Texas Natural Resource Conservation
Commission, as the case may be.
(Ordinance 2018-1254 adopted 11/13/18)
28.1 General
description and purpose:
The planned development (PD)
district is either an overlay district in which specialty tailored
regulations combine with the regulations of the underlying (base)
zoning district to accommodate proposed residential uses and/or nonresidential
uses, or a freestanding district authorizing only a limited range
of unique uses in Highland Village such as single-family attached
dwellings or patio homes, which uses are to be developed and/or operated
as integral land use units either by a single owner or a combination
of owners. The purposes of the PD district are to promote high quality
residential and/or nonresidential uses development and to authorize
establishment of certain uses not otherwise permitted in order to
serve the unique needs of the community. The PD district allows flexibility
of uses and development standards, but requires an integral development
plan.
28.2 Permitted
uses:
A. Overlay
district:
Where a PD district is established as an overlay district, the permitted uses shall be those uses authorized as a permitted use in the underlying residential or nonresidential (base) zoning district unless amended as allowed in section
28.4.
B. Freestanding
district:
Where a PD, district is established as a freestanding
district for single- family attached dwellings or patio homes, the
following uses shall be permitted:
1. Single-family
attached homes or town homes allowing for the development of attached
zero lot line units on individually platted lots.
a. Height
regulations:
(1) Maximum height:
Two and one-half stories for the main
structures, one story for accessory buildings.
b. Area
regulations:
(1) Minimum front yard:
Twenty feet.
(2) Minimum rear yard:
Twenty feet.
(3) Side yard regulations:
(a) Single-family attached dwellings need not have a side yard except
that a minimum 15-foot side yard is required [for a] side yard adjacent
to a street. The ends of any two adjacent building complexes or row
of buildings shall be at least 20 feet apart. The required side yards
shall be designated upon a plat approved by the city council.
(b) A complex of attached single-family dwellings shall have a minimum
length of three dwelling units and shall not exceed 150 feet in length
or the width of six attached units.
(4) Size of lots:
(a) Minimum lot area:
Two thousand seven hundred square
feet.
(b) Minimum lot width:
Twenty-five feet.
(c) Minimum lot depth:
Ninety feet.
(d) Maximum lot coverage:
Eighty-five percent total, including
main and accessory buildings.
(e) Minimum dwelling unit size:
One thousand two hundred
square feet per unit.
(5) Parking regulations:
(a) Two enclosed spaces on the same lot as the main structure (see section
30 [31.2], additional requirements).
(b) In addition to (1) [(a)] above, parking shall be required for any
recreational uses, clubhouse, sales offices and visitors. Designated
visitor parking spaces shall be provided in common areas at a ratio
of one guest/visitor space per four units.
(6) Open space requirement:
All single-family attached developments
shall provide usable open space at the same ratio as specified in
section 21(L) [21.6(L)].
2. Patio homes,
subject to the following standards:
a. General
purpose and description:
Patio homes allow for development of detached "zero lot line"
homes in a modified residential district which encourages greater
use of the side yard areas. Clustered lot patterns with a common usable
open space system can be incorporated as an integral part of the development.
b. Height
regulations:
(1) Maximum height:
Two and one-half stories for the main
structure; one story for accessory buildings.
c. Area
regulations:
(1) Minimum front yard:
Twenty-five feet.
(2) Minimum rear yard:
Twelve feet; 20 feet for structure
accommodating required off-street parking if provided access from
a dedicated or private alley.
(3) Side yard regulations:
(a) Side yard setback:
Side setbacks are one foot minimum
on one side and nine feet on the opposite side. The dwelling shall
be no closer than ten feet between the face of exterior walls of neighboring
dwelling units.
(b) No roof overhang, gutter or extension from a wall will be allowed
to extend into a neighboring property.
(c) The closest exterior roof line to an adjacent property shall be storm
guttered if the general slope of the roof falls toward the neighboring
property.
(d) Each adjacent lot shall provide an access or use easement, a minimum
of three feet, adjacent to the "zero" (one-foot) side or there must
be a three-foot setback from the adjacent "zero" side to allow the
property owner access for maintenance of his dwelling.
(e) The majority of one side of the structure shall be located within
five feet of one side lot line. The building wall which faces the
"zero" side of the lot shall not have any doors, windows, ducts, grills,
vents, or other openings.
(f) Minimum side yard setback adjacent to street right-of-way:
Fifteen feet.
(4) Size of lots:
(a) Minimum lot area:
Five thousand square feet.
(b) Minimum lot width:
Fifty feet.
(c) Minimum lot depth:
Ninety feet.
(5) Maximum lot coverage:
Fifty percent total, including
main and accessory buildings.
(6) Minimum area of dwelling unit:
Each unit shall have
a minimum floor area of 1,200 square feet.
d. Parking
regulations:
(1) Two enclosed spaces on the same lot as the main structure (see section
31.2, off-street parking and loading requirements).
28.3 Conditional
uses:
A. Conditional uses may be permitted in a PD only for those uses specified in section
29 (Use Charts).
28.4 Planned
development district standards:
A. Overlay
district:
Where a PD district is established as an overlay
district, uses shall conform to the standards and regulations of the
underlying zoning district. Deviations from underlying district regulations
may be authorized by the city council in establishing the district.
The PD district shall conform to all other requirements of this ordinance,
unless specifically excluded in the adopting ordinance.
B. Freestanding
district:
Where a PD district is established as a freestanding
district for single-family attached dwellings or patio homes, uses
shall conform to the standards and regulations contained in section
28.2(B).
C. Minimum
acreage:
The minimum area for creation of a PD district
shall be two (2) acres.
28.5 Approval
procedure–Establishment of district:
A. Zoning amendment:
The city council of the City of Highland Village, Texas, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission in accordance with the procedures in section
10, may authorize the creation of a planned development district. An application for establishment of a PD district shall be considered an application for a zoning amendment.
B. Concept
plan:
An application for establishment of a PD district
shall be accompanied by a concept plan which shall be processed simultaneously
with the zoning amendment application. If the zoning amendment application
is approved, the concept plan shall be incorporated within such amendment.
C. Submittal
requirements for concept plan:
The concept plan shall
contain the following information:
1. Name and
address of landowner and date of preparation of the plan;
2. Name and
address of architect, landscape architect, planner, engineer, surveyor,
or other persons involved in the preparation of the plan;
3. Site boundaries
and dimensions, site acreage, and approximate distance to the nearest
existing cross street;
4. Location
map, north arrow and title block;
5. Topography
at ten-foot intervals or less;
6. Natural
features including major tree masses, floodplains and drainageways;
7. Proposed
and existing land use and zoning classifications (including the proposed
base districts) on-site and on adjacent properties, parking areas,
building locations and proposed landscape areas shall be shown for
nonresidential PDs;
8. Existing
and proposed public streets and private drives (60 feet in width or
greater) showing right-of-way width, proposed dedications and reservations
of land for public or common use, such as: major easements, park land,
open space, drainageways, floodplains, and facility sites;
9. Major (over
ten inches in diameter) existing and proposed utilities and easements
shown on the concept plan or written description of how public utilities
will be provided;
10. If the
project is to be developed in phases, a proposed phasing plan that
identifies the sequence of development and a time schedule for installation
of major capital improvements to serve the development;
11. Any proposed
buffers from existing uses;
12. A chart depicting the following information by
phase:
(a) Acreage
of each proposed phase;
(b) Total
number of dwelling units by type and lot size (if applicable);
(c) Dwelling
unit sizes (if applicable); and
(d) Nonresidential
building square footage (if applicable).
13. A general
description of any homeowners' or owners' association requirements
and covenants to be imposed on the property.
14. A written
description of all requested deviations from the base district and
other special development standards.
D. Approval
criteria for PD district:
Based upon the concept plan,
the planning and zoning commission and city council shall determine
whether the PD district should be established, taking into account
the following criteria:
1. The plan
of development is consistent with the future land use objectives policies
and map in the adopted comprehensive plan;
2. Proposed
uses and project design are compatible with existing and planned adjoining
uses and the character of the neighborhood in which the project is
located;
3. Adequate
public facilities required to be installed by the developer will be
provided in a timely manner to support each phase of the development;
4. Proposed
uses and development standards are consistent with the purposes of
the base zoning district, where applicable; and
5. The proposed
phasing of development is consistent with the overall growth and development
of the city.
E. Conditions:
The planning and zoning commission may recommend such conditions
and the city council may impose such conditions on establishment of
the district as are reasonably necessary to assure that the approval
criteria are met. Such conditions shall be stated in the adopting
ordinance as standards applicable to the project development.
F. Planning
and zoning commission recommendation:
The planning and zoning commission, after notice and public hearing in accordance with the procedures in section
10 of these zoning regulations, shall formulate its recommendation with respect to establishment of the district, including any conditions to be applied. The recommendation of the commission shall be forwarded to the city council for final decision.
G. City council
decision:
Following receipt of the planning and zoning commission's recommendation, the city council shall conduct a public hearing in accordance with the procedures in section
10 of these zoning regulations and, shall approve, approve with conditions, or deny the application for establishment of the PD district.
H. Adopting
ordinance:
The ordinance establishing a PD district shall
set forth the following provisions. The concept plan shall be incorporated
as an exhibit to the ordinance.
1. The base
zoning district(s) to be overlaid, where applicable;
2. A statement
as to the purpose and intent of the PD established therein;
3. The permitted
or conditional uses authorized in the district, the location of such
uses, and residential densities associated with phases of the project,
in conformance with the approved concept plan;
4. The standards
applicable to development within the district, including but not limited
to: uses, density, lot area, lot width, building lines, lot depth,
yard depths and widths, building height and size, typical building
elevations, coverage, parking, access, screening, landscaping, accessory
buildings, signs, lighting, project phasing or scheduling, homeowners'
associations and covenants, and such other requirements as the city
council and planning and zoning commission may deem necessary in order
to implement the city's comprehensive plan, and such as are consistent
with the purposes of the PD district and the underlying district;
and
5. A specific
list of deviations from standards in the base zoning district, where
applicable;
6. Proposed
dedication of public improvements in relation to the phasing of development.
I. Zoning map:
All PD districts approved in accordance with the provisions
of this ordinance in its original form, or by subsequent amendments
thereto, shall be designated on the zoning district map, and a list
of such PD districts, together with the adopting ordinances, shall
be maintained as part of the zoning ordinance.
J. Amendment
of concept plan:
Any amendment to an approved concept plan that has been incorporated into a PD zoning district shall be processed as an amendment of the ordinance establishing the PD zoning district, pursuant to procedures for amending the zoning ordinance in section
10; provided, however, that the number of residential lots or building size [sites] depicted on a development plan for a particular phase may be varied by not more than 15 percent and the time for submission of a plat for the phase may be varied by not longer than three months from that designated in the concept plan without the necessity to amend the concept plan or the ordinance establishing the PD zoning district, as long as such change does not result in a change in other standards and restrictions set forth in the adopting ordinance. In the event that an applicant seeks to vary the number of lots the building size(s) or the time for submission of a plat more than such limits, and such change does not result in a change in other standards and restrictions set forth in the adopting ordinance, the request to amend the concept plan and the ordinance establishing the PD district shall be evaluated primarily on the basis of subsections 28.5.D(3) and (5). Minor amendments to a development shall not require amendment of the concept plan or the ordinance establishing the PD district.
28.6 Approval
procedure - development plan:
A. Applicability:
1. The purposes
of a development plan are to assure that the development project proceeds
in orderly fashion consistent with the approved concept plan and to
assure that the standards applicable within the district are met for
each phase of the project.
2. No permits
for development in a planned development district shall be approved
until a development plan consistent with the approved concept plan
has been authorized under the following procedures. The proposed development
plan shall set forth the final plans for development within the PD
district.
3. The developer
may submit a development plan simultaneous with submission of a concept
plan in conjunction with an application for establishment of the PD
district. In such a case, approval of the development plan shall follow
the authorization to establish the PD district in accordance with
the procedures in this section.
4. Development
plans may be submitted in phases in accordance with the provisions
of the adopting ordinance.
5. A public
hearing is required by the planning and zoning commission and city
council for consideration of a development plan. If the development
plan is submitted simultaneously with the concept plan, both can be
considered at the same public hearing.
6. A subdivision plat shall not qualify as a development plan. The applicant may use drawings or plans submitted to satisfy preliminary platting requirements in accordance with the subdivision regulations as the basis for a development plan, provided that such drawings or plans clearly are identified as a development plan rather than a subdivision plat and meet the submittal requirements of subsection
13 [subsection B.].
B. Submittal
requirements for development plan:
The application for
the development plan shall include the following information. The
city manager, on advice of the designated administrative official
in charge of reviewing zoning change requests, may waive submittal
requirements where the information is not necessary under the circumstances
to apprise the planning and zoning commission and the city council
of the nature of the development and whether the development meets
relevant approval criteria. The commission or the city council may
require modification of the development plan to address specific criteria.
1. Name and
address of landowner and date of preparation of the plan;
2. Name and
address of architect, landscape architect, planner, engineer, surveyor,
or other persons involved in the preparation of the plan;
3. Site boundaries
and dimensions, lot lines, site acreage or square footage, and distance
to the nearest cross streets;
4. Location
map, north arrow, title block and site data summary table;
5. Topography
at five-foot intervals or less;
6. Natural
features including tree masses and anticipated tree loss, drainageways,
creeks, and limits of the 100-year floodplain and floodway as shown
on current FEMA mapping, including location and acreage;
7. Proposed
and existing land use and zoning classifications on-site and on adjacent
properties;
8. If standards
or deviations approved with the concept plan are different from the
base zoning district, such as lot sizes, building setbacks and similar
requirements, which are not uniformly applied to the development depicted
in the plan, such standards and deviations shall be illustrated on
the development plan.
9. Public
streets, private drives, alleys and fire lanes with pavement widths,
right-of-way, buffers;
10. If applicable,
parking areas and structures, aisles and spaces, handicap spaces,
ramps, crosswalks, and loading areas with typical dimensions and surface
types;
11. If applicable,
trash dumpster locations, signs, screening walls, fences, living screens,
retaining walls, headlight screens and service area screens;
12. Landscaping
and open space areas with dimensions and total square footage;
13. Phases
of development, including delineation of areas, building sites and
square footage(s) (where applicable), land use and improvements to
be constructed in independent phases and the scheduled timing and
sequencing of development; and
14. If applicable,
proposed buffers from existing uses; and
15. A landscape plan is required in accordance with section
32, and may be shown on the development plan.
C. Approval
standards:
In addition to any specific standards imposed in the underlying zoning district for an overlay PD, or in addition to the standards contained in section
28.2 for a freestanding PD, the city council, after review by the planning and zoning commission, shall determine whether the development plan meets the following general standards:
1. The development
plan is consistent with the approved concept plan and the standards
and conditions set forth in the adopting ordinance. Changes of minor
details which differ from the approved concept plan but do not alter
the basic relationship or intent may be authorized by the planning
and zoning commission and city council;
2. The lot
or tract configuration, building configuration(s) and interior vehicular
traffic circulation pattern is consistent with subdivision regulations;
3. The development
plan provides for roads and other public facilities serving the development
by phase that are consistent with subdivision regulations;
4. The project
is adequately buffered from adjoining uses in accordance with the
adopting ordinance;
5. Provision
for and design of open space areas in accordance with approved parks
and open space master plan or other applicable ordinances meet the
recreational needs of the residents of the district;
6. Landscaping
plans, where required, meet ordinance requirements or standards set
forth in the adopting ordinance;
7. Homeowners'
associations and covenants adequate to assure preservation and maintenance
of private open space of the project have been provided; and
8. The development
plan is consistent with phasing requirements set forth in the adopting
ordinance, and capital facilities serving the phase of development
under consideration are adequate to serve the project.
D. Conditions:
The planning and zoning commission or the city council may impose such conditions on approval of the development plan as are reasonably necessary to assure that the plan is consistent with the standards set forth in the adopting ordinance, the standards set forth in the underlying zoning district for an overlay PD, or the standards contained in section
28.2 for a freestanding PD, and the approval standards set forth in subsection
C of this section.
E. Recommendation
by the planning and zoning commission:
The planning and zoning commission, after proper notice and a public hearing pursuant to section
10.5 of these zoning regulations, shall recommend approval, modification, or denial of the development plan.
F. Decision
by the city council:
The city council, upon receipt of the recommendation of the planning and zoning commission, and after notice and public hearing in accordance with section
10.8 of these zoning regulations, shall approve, approve with conditions, or deny the application for the development plan.
28.7 Continuation
of PD district ordinances:
In the event that the city
council determines to continue in effect PD district ordinances which
were approved prior to the effective date of these amended zoning
regulations, development within such districts shall be governed by
the standards incorporated with the adopting ordinances; provided,
however, that nonconflicting standards and procedures for approval,
amendment and lapse of development plans, and procedures for amending
PD districts, set forth in these amended regulations shall be applied
to new development within such districts. Development existing within
such continued PD districts as of the effective date of these amended
zoning regulations shall be deemed conforming uses, and standards
applicable to such uses shall also be considered conforming.
28.8 Miscellaneous
provisions:
A. Lapse of
development approval:
1. Failure
to submit development plan:
A development plan shall be submitted for approval within one year from establishment of the PD district. If a development plan for all or a portion of the project is not submitted within such period, the city manager, the planning and zoning commission or city council may institute proceedings to determine whether the land should be rezoned, in accordance with procedures set forth in section
10.
2. Failure
to submit subsequent development plan:
If the project
is to be developed in phases, a subsequent development plan shall
be submitted within two years from final approval of the development
plan for each preceding phase. If a subsequent development plan is
not submitted within such period, the city manager, the planning and
zoning commission or city council may institute proceedings in order
to determine what actions should be taken to insure the continuing
validity of the district. Thereafter, the planning and zoning commission
shall deliver its report to the city council, who shall conduct a
public hearing on such recommendation and shall determine what action
is to be taken with respect to the PD district and prior approved
development plans.
3. Lapse
of development plan:
If a final plat has not been submitted
within one year from the date of final approval of a development plan,
the development plan shall lapse and no subsequent development plan
shall be submitted until the planning and zoning commission delivers
its report to the city council recommending what actions should be
taken concerning the PD district and the council acts following receipt
of such recommendation. The property owner, however, may submit a
request for extension of the development plan at least 60 days prior
to expiration of the such plan, setting forth the reasons why an extension
should be granted. The planning and zoning commission thereafter shall
schedule a public hearing to consider such request and shall determine
whether to extend the development plan, subject to approval of the
city council. In no case shall the development plan be extended for
a period in excess of two years.
B. Amendment
of development plans:
The property owner may propose amendment of an approved development plan prior to the time such plan lapses under subsection
A of this section. Minor amendments to a development plan may be authorized by the city manager or designated administrative official. Minor amendments are those changes of detail which do not substantially conflict with development as authorized in the concept; which do not materially alter the basic relationship of the proposed development to adjacent property; which do not materially alter the uses permitted or change the number of residential lots by more than five percent; which do not materially decrease open space requirements; and which do not materially alter special conditions attached by the planning and zoning commission or city council to the approved concept plan or development plan. Any applicant may appeal the decision of the city manager or designated administrative official to the commission for review and decision as to whether an amendment to the development plan shall be required. Applications for amendments other than minor amendments shall be filed with the planning and zoning commission and shall be processed in accordance with the standards and procedures for approval of the development plan. Amendments other than minor amendments may necessitate amendment of the concept plan.
C. Amendment
of PD district:
The property owner may propose amendment of the PD district regulations or the accompanying concept plan. The request shall be processed as a zoning amendment in accordance with the procedures of section
10 of these zoning regulations.
(Ordinance 2018-1254 adopted 11/13/18)