602.1 General
The following regulations pertain to all districts within the commercial zoned areas.
602.2 Bulk Standards
602.2.1 Lot Standards. Lot sizes may vary depending on whether uses are individual “stand-alone” developments, or are integrated with adjoining uses by means of a shared driveway. In the event that two or more uses share a driveway, such shared use shall be secured by covenant or other similar legal instrument.
| Min. Lot Area (Sq. Ft.) | Min. Avg. Lot Width (Feet) | Min. Lot Depth (Feet) |
|---|
1. All Uses | 20,000 | 150 | 120 |
2. Two or More Uses (each use) | 15,000 | 100 | 120 |
602.2.2 Setback Requirements
| Setback Minimum in Feet |
|---|
| Front | Side | Rear |
|---|
1. Setback for all Construction or as otherwise permitted in Chapter 8 - General Provisions | 0 | 0 | 10 |
Side Abutting Street | Side Abutting Residential or Apartment District | |
10 | 10 | |
602.2.3 Height Standards
A. For the convenience shopping center or neighborhood shopping center, no building shall exceed a height of two (2) stories or twenty-five (25) feet.
B. For a community shopping center or general commercial area, no building shall exceed a height of forty-five (45) feet.
C. The maximum height of a building shall not exceed a distance equal to the distance between centerline of abutting street and face of building and abutting that street.
D. All buildings more than thirty-five feet in height shall provide an additional setback of one foot from all adjacent and common property lines for each one foot of height in excess of thirty-five feet.
E. For a regional shopping center, no building shall exceed eight (8) stories and no building shall exceed one hundred (100) feet in height; provided however, that any building in excess of forty-five (45) feet in height shall be located at least three hundred (300) feet from any residential or apartment district in which the height limit is less than one hundred (100) feet.
F. When a community or regional shopping center is a part of the planned development of one hundred fifty (150) acres or more or where there are unique features of topography, access, and location with respect to existing and future development to justify such action, the City Planning and Zoning Commission may recommend, and the City Council may approve, height limits for community and regional shopping centers in excess of those specified above. The floor area ratio for a neighborhood shopping center or area shall not exceed 0.30, i.e. 30% of community and neighborhood shopping center or general commercial areas as a condition of site plan approval.
G. For small warehouse use, the maximum height in a C-2 zone is 45 (forty-five) feet. Any warehouse use on a C-2 zoned property that is adjacent to a residential zoning district or use shall comply with the following:
1. A fifty foot (50') setback adjacent to a residential zoning district or use.
2. An eight foot (8') rock wall on the high side except that the last two (2) feet may be a combination of wrought iron or other opaque material.
3. A ten foot (10') landscape buffer consisting of two inch (2") caliper trees at every 15 feet on center within the required fifty foot (50') setback directly adjacent to any residential zoning district or use.
4. That any hazardous, explosive material or chemical is appropriately stored and permitted by the fire marshal and verified by the building official or designee at the time of building permit submittal to Horizon City.
602.3 General Regulations
602.3.1 Access Standards. The principal means of access shall be from arterial or collector streets. Access points shall be designed in accordance with good traffic engineering practice to minimize traffic hazards and congestion. Driveway widths shall be as determined by City Engineer sufficient to accommodate ease of ingress and egress.
Driveway openings shall not be closer than 50 feet from the closest intersecting street, measured from the centerline of the driveway to the point-of-curvature of the curb return of the intersecting street. Subsequent driveway openings shall be separated from each other by sufficient distance so as to avoid interfering with the safe movement of traffic. The following minimum separation distances, measured from the centerline of each driveway at the right-of-way line, shall be observed:
Posted Speed (in miles per hour) | Distance between driveways (in feet) |
|---|
≥ 50 | 400 |
45 | 350 |
40 | 300 |
35 | 200 |
≤30 | 150 |
602.3.2 Off-Street Parking and Loading Standards. See Chapter
8 602.3.3 Paved Area Standards. Service drives or other areas shall be provided for off-street loading and in such a way that in the process of loading or unloading truck will not block the passage of other vehicles on the service drive or extend into any fire lane or public or private drive or street used for traffic circulation. The drives, parking areas, loading areas, and walks shall be paved with hard, all-weather surface material meeting applicable specifications as defined in the appendix of Ordinance No. 0035 [the subdivision ordinance]. All main entrance drives shall be surfaced with concrete from curb or street edge to property line. Curbs must be saw cut where applicable. All area of land used for parking and/or loading and unloading must be paved with a hard surface with a minimum of hot mix (asphalt) as the overlay. All area for storage of vehicles must be paved with a minimum of double penetration.
Fire lanes must be approved by the Fire Marshal.
602.3.4 Landscaping Standards. Any part of the project area not used for building or other structure, loading and access ways, shall be landscaped in accordance with a landscaping plan that meets the requirements of Ordinance No. 0006 Chapter
8.
Editor’s note–Ordinance 0006 is the former zoning ordinance. For landscaping standards, the reader is directed to article
3.04 of the Municipal Code.
602.4 Refuse Storage Standards
Refuse containers or refuse storage areas shall be hidden from general public view, either from within or outside the center by fences, walls or landscaping plants.
602.5 Drainage Standards
Provision shall be made for proper stormwater drainage or storage as approved by City Engineer as follows: [sic]
602.6 General Procedures
A. Establishment of a P-C (planned commercial district) shall follow the procedures for changes and amendments to this ordinance, including notice, hearings and approval by the Planning and Zoning Commission and action by the City Council. A site development plan complying with the requirements of the ordinance shall be required. All commercial site and grading plans and specifications are to be reviewed by the City Engineer prior to the issuance of a building permit and the commencement of construction.
B. If the project is to be accomplished as a series of development units, a detailed site development plan of a proposed unit shall be submitted with a general site plan and a schedule of phasing provided.
C. The proposed development shall follow all applicable procedures, standards and requirements of this ordinance and other regulations governing the subdivision of land except that design standards may be modified in accordance with the Subdivision Ordinance No. 0035, to meet special requirements of a particular development. The site development plan and subdivision plat may be submitted concurrently or separately; provided that a plat must be approved prior to the four (4) year time limit contained in the ordinance. Where a plat is required, no building permit shall be issued until a final plat of the proposed development, or part thereof, is approved by the Planning and Zoning Commission, filed and recorded and requirements of the codes completed.
602.7 Commercial Site Development Procedure
602.7.1 General. This guide is offered in order to assist with the orderly development of shopping centers, commercial and industrial subdivisions in Horizon City. It is not intended as a replacement for information or requirements stipulated in the City’s Subdivision, Zoning and Grading Ordinances. To assist in every way with the expedient completion of new businesses, the following procedure has been developed.
602.7.2 Regulations. Parties interested in developing Commercial sites within the City must submit an application for Site Development consisting of the following:
A. Site Plan showing all proposed site improvements and a vicinity map;
B. Complete Building Plans showing plans, elevations, sections and details for all proposed building improvements. Commercial Building Plans must be signed and sealed by a Registered Architect and/or Registered Structural Engineer licensed in Texas.
C. Grading and Drainage Plan prepared by a registered Professional Engineer licensed in Texas and in accordance with the City’s design standards.
D. Project letter describing the proposed use of the property; the type of development; and the character and conditions in the project vicinity that makes the property appropriate for the proposed use.
E. Any engineering fees incurred during this project with the City Engineer will be passed along to the individuals or parties submitting the above and should be paid to the City within thirty (30) days of receipt.
602.7.3 Review & Approval Process. The City’s review and approval process for Commercial
Site Development applications is as follows:
A. Property Owner/Developer submits Site Development [application] to City;
B. City Engineer and Building Official review and comment on or approve proposed Site Plan;
C. City Engineer reviews and comments on or approves the Grading and Drainage Plan and Building Official issues Grading Permit;
D. City Building Official reviews and comments on or approves the Building Plan and issues Building Permit;
E. After above approval is received from City Engineer and City Building Official, and permits are issued, Property Owner/Developer may proceed with construction of site improvements.
602.7.4 Typical Schedule for Review & Approval Process. City Engineer and Building Official typically require thirty (30) days for above review and approval of Site Development applications. Applications requiring re-submittals or additional information will require additional review time.
NOTE: Approved site plans for Commercial Site Developments are void if construction is not started within one (1) year after approval.
602.7.5 Applicable Design Standards
A. All site improvements must conform to the city’s Design Standards and shall be based on generally accepted engineering practices. Specific question[s] regarding applicable design requirements should be directed to the City Engineer.
B. All building construction must conform with the City’s adopted Building, Plumbing and Electrical Codes and to all applicable zoning requirements. Specific questions regarding these requirements should be directed to the City Building Official.
602.7.6 Fees. In order to cover the administrative and general expenses related to processing and reviewing commercial and industrial site development applications, the Owner/Developer shall remit the following fees to the City prior to the review or approval of the development plan:
602.7.7 Site Development Application Processing Fees. (due with plans for engineering review): As set forth in the fee schedule adopted by the City Council.
602.7.8 Grading Permit Fees: (See Ordinance No. 0034 Construction Grading [article
3.05 of the Municipal Code])
602.7.9 Utilities Service. Every planned commercial development shall be adequately served by essential utilities and public services such as water, sanitary sewer.
602.8 Alcoholic Beverages
A. Requirements.
The sale, storage, or handling of alcoholic beverages for the purpose of sale is permitted only where the use is authorized by and complies with all applicable provisions of this Ordinance and the Texas Alcoholic Beverage Code.
1. The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only where licensed in accordance with the Texas Alcoholic Beverage Code.
2. The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted only in approved locations within the interior of buildings or structures that have a valid certificate of occupancy allowing such use.
3. The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted in specific uses in the following zoning districts, subject to the requirements of this chapter:
a. C-1 and C-2 commercial districts;
b. M-1 and M-2 districts with permitted C-1 and C-2 Business by a Specific Use Permit (SUP).
4. The sale, storage or handling of alcoholic beverages for the purpose of sale is permitted as an accessory use to specific permitted uses in the following zoning districts, subject to the requirements of this Chapter and Chapter
13:
a. PUD, planned unit development district.
B. Restrictions.
1. The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within three hundred feet of a church, public or private school, or public hospital unless expressly granted an exception pursuant to the requirements of this section.
2. The sale, storage or handling of alcoholic beverages for the purpose of sale is not permitted in any zoning district where the place of business is located within three hundred feet of a day care center or a child care facility as defined in the Texas Human Resources Code section 42.002 and the permit or license holder does not hold a food and beverage certificate issued by the Texas Alcoholic Beverage Commission, unless expressly varied pursuant to the requirements of this section, except that this provision shall not apply:
a. If the permit or license holder and the day care center or child care facility are located on different stories of a multi-story building; or
b. If the permit or license holder and the day care center or child care facility are located in separate buildings and either the permit or license holder or the day care center or child care facility is located on the second story or higher of a multi-story building.
3. The distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be measured along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
4. The distance between the place of business where alcoholic beverages are sold and a school, day care center or child care facility shall be measured in direct line from the property line of the school, day care center or child care facility to the property line of the place of business, and in a direct line across intersections.
5. The prohibition of the sale of alcoholic beverages within three hundred feet of a church, school or public hospital shall not apply to the sale of alcoholic beverages by any business that held a valid license for the sale of alcoholic beverages and was selling alcoholic beverages in compliance with the requirements of the Ordinances of the Town of Horizon City on the date of the adoption of this Ordinance (amendment no. 32, February 24, 2015), and has remained established and engaged in the sale of alcoholic beverages within three hundred feet of any church, school or public hospital; nor shall the provisions of this section prevent any business legally engaged in the sale of alcoholic beverages on the date of the adoption of this Ordinance (amendment no. 32, February 24, 2015), and continuing to be so engaged within three hundred feet of any church, school or public hospital from securing a renewal of their license, nor from a new license being issued for such location to any other applicant.
6. The prohibition of the sale of alcoholic beverages within three hundred feet of a commercial day care shall not apply to the sale of alcoholic beverages by any business that held a valid license for the sale of alcoholic beverages and was selling alcoholic beverages in compliance with the requirements of the Ordinances of the Town of Horizon City on the date of the adoption of this Ordinance (amendment no. 32, February 24, 2015), and has remained established and engaged in the sale of alcoholic beverages within three hundred feet of any commercial day care; nor shall the provisions of this section prevent any business legally engaged in the sale of alcoholic beverages on the date of the adoption of this Ordinance (amendment no. 32, February 24, 2015), and continuing to be so engaged within three hundred feet of any commercial day care from securing a renewal of their license, nor from a new license being issued for such location to any other applicant.
7. The city council may grant an exception from prohibition of the sale of alcoholic beverages within three hundred feet of a church, school, commercial day care or public hospital after notice and public hearing if the council determines that the enforcement of the prohibition in a particular instance:
a. Is not in the best interest of the public;
b. Constitutes waste or the inefficient use of land or other resources;
c. Creates an undue hardship on an applicant;
d. Does not serve its intended purpose;
e. Is not effective or necessary; or
f. For any other reason the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
(Ordinance 0102 adopted 1/14/03; Ordinance 0102-019 adopted 8/14/07; Ordinance 0102-032 adopted 2/24/15; Ordinance 0102-036 adopted 1/10/2023; Ordinance 0102-037 adopted 11/14/2023)