Town of Copper Canyon, TX ARTICLE 2 GENERAL DISTRICT ZONING REGULATIONS

§ 2-101 Zoning District Categories.

The Town of Copper Canyon hereby establishes the following basic zoning districts:

(A) Residential Estate RE10 and RE5: The purpose of these districts is to provide for residential areas with minimum ten-acre and five-acre lots.

(B) Residential Single-Family, R1, R-1A and R2: The purpose of the R1 and R2 large lot districts is to provide for residential areas with a minimum of one-acre and two-acre lots respectively. The purpose of the R1-A District is to provide for residential areas with minimum one-acre lots in the Estates of Copper Canyon subdivision.

(C) 

Town Center (TC):

The purpose of this district is to provide for a variety of land uses in a pedestrian-friendly public environment. These uses include single-family dwelling units, retail, office, government/civic and open space.

(Ordinance 16-001, sec. 2, adopted 2/22/16; Ordinance 23-009 adopted 10/9/2023)

§ 2-102 Use, Yard and Bulk Requirements.

The following schedule of uses and schedule of yard and bulk requirements and dimensional regulations pertaining to the various zoning districts in the Town is hereby adopted and declared to be part of this Ordinance and may be amended in the same manner as any other part of this Ordinance.

(A) Use Groups. In each zoning district, any use group category not expressly permitted shall be deemed excluded or not permitted. If there is a question pertaining to interpretation of any special use as to whether it does or does not come within the following express use groups, any applicant may apply to the Zoning Board of Adjustment for the determination of whether a specific use is expressly permitted. Uses expressly permitted are designated “P,” prohibited uses are designated with an “X” and uses permitted as conditional uses are designated “C.”

RESIDENTIAL	R1	R1-A	R2	RE5	RE10	TC
Accessory Building/Structure (Residential)	P	P	P	P	P	C
Accessory Building/Structure (Nonresidential)						C
Accessory Dwelling (Guesthouse)	P	P	P	P	P	X
Agricultural Uses	P	P	P	P	P	X
Aviation Activity				C	C
Caretaker’s/Guard’s Residence	P	P	P	P	P	X
Cemeteries				C	C	X
Churches, chapels, temples and synagogues1	C	C	C	C	C	C
Community Gardens						C
Family Home Adult Care						C
Family Home Child Care						C
Greenhouse	P	P	P	P	P	C
Home Occupation (see Section IV [Section 2-103A])	P	P	P	P	P	P
Multifamily Condo/Loft						X
Nurseries, pastures, grazing land2	P	P	P	P	P	X
Public and private utility uses,3 including commercial communications towers (refer to section 4-121, Zoning Ord.)	C	C	C	C	C	C
Public and Private Schools	C	C	C	C	C	C
Recreational and Social Facilities	C	C	C	C	C	C
Rooftop Garden						C
Senior Living Community						C
Single-Family Dwelling	P	P	P	P	P	P
Single-Family Zero Lot Line/Patio Homes						X
Swimming Pool (Private)	P	P	P	P	P	P
Equestrian Use (refer to Section 2-104, Zoning Ord.)	P	P	P	P	P	X
Private Ownership - Domestic Livestock	P	P	P	P	P	X
Home Occupation Boarding	P	P	P	P	P	X
Commercial Boarding Operations	C	C	C	C	C	X

1	Sited on a lot of at least 160,000 sq. ft. in size with 100-foot setbacks on front[,] side, and rear yards.
2	Only in accordance with other ordinances of the Town of Copper Canyon, Texas, regulating these uses.
3	Installations such as electric substations, gas reg. station, etc., must be located more than 500 feet from residential units - no office, repair, storage, or production facilities may be located in residential district.

OFFICE	R1	R1-A	R2	RE5	RE10	TC
Armed Services Recruiting Center						P
Check Cashing Service						C
Credit Agency						P
Insurance Agency Offices						P
Offices (Brokerage Services)						P
Offices (Health Services)						P
Offices (Legal Services)						P
Offices (Medical Office)						P
Offices (Professional)						P
Rooftop Garden						C
Real Estate Offices						P
Telemarketing Agency						P
Bank						P
Savings and Loan						P
Security Monitoring Company						P
Marine-Related Products and Services						C

RETAIL	R1	R1-A	R2	RE5	RE10	TC
Art Dealer/Gallery						P
Bakery (Retail)						P
Book Store						P
Florist						P
Food or Grocery Store						P
Nursery/Florist (Inside Storage)						P
Restaurant (Sit-Down)						C
Restaurant (Café)						C
Restaurant (Drive-Through)						C
Clothing Retail Store						P
Electronics (Retail)						P
Gift Shop						P
Bank						P
Convenience Retail (Fuel)						X

Yard and Bulk Requirements
Zoning Requirements				RE10	RE5	R2	R1	R1-A	TC
(1)	Minimum Lot Area (sq. ft.)			Ten acres	Five acres	Two acres	One acre	One acre
	(a)	Single-Family Dwelling							See Section 2-103(D) (4)
	(b)	Commercial (Office)							7,000
	(c)	Commercial (Retail)							7,000
(2)	Minimum Lot Width (ft.)			400	300	250	200	200
	(a)	Commercial (Office)							N/A
	(b)	Commercial (Retail)							N/A
(2a)	Minimum Frontage on Cul-de-sac or Turnaround (ft.)4			60	60	60	60	60	N/A
2(b)	Minimum Flag Lot Access (Width)			28	28	28	28	28	N/A
(3)	Front Yard Setback from a Street Right-of-Way.
	(a)	Minimum Front Yard Setback
		(i)	Single-Family Dwelling						30
		(ii)	Commercial (Office)						15
		(iii)	Commercial (Retail)						20 (50 Fronting FM 407)
	(Principal Buildings and Uses (ft.))5			200	150	7511	5011	50
	(Accessory Buildings and Uses (ft.))7								N/A
	(b)	Maximum Front Yard Setback
		(i)	Single-Family Dwelling						N/A
		(ii)	Commercial (Office)						50
		(iii)	Commercial (Retail)						75
	(Accessory Buildings and Uses (ft.))7								N/A
(4)	Minimum Side Yard Setback
	(a)	From a Street R.O.W (ft.)		200	150	100	75	20
		(i)	Single-Family Dwelling						20
		(ii)	Commercial (Office)						20
		(iii)	Commercial (Retail)						20
	(b)	From an Interior Lot Line, Principal Uses (ft.)		100	75	50	35	20
		(i)	Single-Family Dwelling						10
		(ii)	Commercial (Office)						20
		(iii)	Commercial (Retail)						0
	(c)	From an Interior Lot Line, Accessory Buildings and Uses (ft.)							N/A
		Refer to Section 4-104 for Accessory Buildings and Uses in all other zoning districts
(5)	Minimum Rear Yard Setback:
	(a)	For All Principal Uses (ft.)		40	40	40	25	15
		(i)	Single-Family Dwelling						20
		(ii)	Commercial (Office)						20
		(iii)	Commercial (Retail)						30
	(b)	Accessory Uses
		Refer to Section 4-104 for Accessory Buildings and Uses in all other zoning districts							N/A
(6)	Maximum Height for:
	(a)	Principal Uses (ft.)		45	45	45	35	42	45
	(b)	Accessory Uses (ft.)
		Refer to Section 4-104 for Accessory Buildings and Uses in all other zoning districts							N/A
(7)	Minimum Area of Dwelling (sq. ft.)			2,000	2,000	2,000	1,700	3,2009	1,700
(8)	Maximum coverage of building (sq. ft.)
	(a)	Single-Family Dwelling							N/A
	(b)	Commercial (Office)							30,000
	(c)	Commercial (Retail)							N/A

4	[Note has been deleted]
5	The minimum front yard setback for those buildings to be located along the to-be-expanded F.M. 407 shall be 50' from the future right-of-way
6	20 feet for corner lots at corners (corner is defined as the actual corner where two walls meet plus extending 20' in either direction from said corner)
7	see Principal Uses for accessory use requirements in the TC district; for accessory buildings and uses in all other zoning districts, refer to Section 4-104
8	[Note has been deleted]
9	3,200 for single-story and 4,000 for two-story
10	[Note has been deleted]
11	For any lot zoned and platted subsequent to July 11, 2016. For all other lots zoned and platted prior to such date, the front yard setback in the R2 zoning district shall be 100 feet and in the R1 zoning district shall be 75 feet.

Editor’s note–Subsection (2a) above, was inadvertently deleted, at the town’s request it has been added back.

(Ordinance 04-200 adopted 12/20/04; Ordinance 16-007 adopted 7/11/16; Ordinance 2009-272, sec. 3, adopted 3/9/09; Ordinance 14-004, sec. 3, adopted 4/14/14; Ordinance 16-001, sec. 3, adopted 2/22/16; Ordinance 23-001 adopted 2/13/2023; Ordinance 26-001 adopted 2/9/2026)

§ 2-103 Zoning District Standards for the Town Center (TC).

(A) 

Consistency with the Town Center Component of the Master Plan.

1. The requirements in this Section are intended to implement the Town Center component of the Town’s adopted Master Plan, as such may be amended from time to time. A copy of the Master Plan shall be kept in the office of the Town Secretary, and it shall be available for public inspection during regular business hours.

2. Applications for rezoning of any property in the Town Center, the boundaries of which are reflected in the Master Plan, shall be consistent with the land use categories designated for the property in the Town Center component of the Master Plan, as amended.

(B) 

All Land Uses.

1. All development plan applications shall be accompanied by a written statement or exhibit proving substantial conformance to Section 6, “Design Guidelines,” of the Master Plan, which is adopted by reference and made part of this Ordinance for all purposes, the same as if fully copied herein.

2. Where conflicting provisions occur (or where ordinances conflict with the Master Plan) the more stringent provision shall take precedence in any circumstance.

3. All development proposals shall be subject to consideration and recommendation by the Planning and Zoning Commission, and thereafter consideration and action by the Town Council of a Concept Plan and Development Plan.

4. Streets and Blocks - See Section 2-103(C)(5), below.

5. Streetscaping - See Subdivision Regulations.

6. Residential areas shall be contiguous.

(C) 

Town Center (TC) District (Mixed Use and Retail/Office Uses) - See also Section 2-102.

1. 

General.

a. Shall include any of the following uses: retail, office, or government/civic;

b. Residential uses shall not be permitted in any area designated in the Town Center component of the Master Plan for mixed use, office or retail uses;

c. Auto-related uses (other than that required for minimum parking) shall not be allowed (e.g., car repair shops, body shops, car dealerships, automatic/manual carwash, etc.);

d. Laundry Mat or similar commercial facilities shall not be allowed;

e. A minimum of 50 feet of landscaped open space (trees, shrubs, groundcover and ornamental plantings) shall be provided between office/retail and any residential use;

f. Office/retail buildings adjacent to residential areas shall have the same height restrictions as the residential zone;

g. Refer to the lighting requirements from the Engineering Design Manual; and

h. All new power and utility lines shall be placed underground.

2. 

Sidewalks.

a. Sidewalks shall be a minimum 10' wide along all lot lines abutting a public street except as provided in (b) below; and

b. Sidewalks shall be a minimum 20' at all corners, extending a minimum 20' in either direction from the exact corner of the block and forming a “pedestrian bulb.”

3. 

Setbacks.

a. See yard and bulk requirements (Section 2-102)

4. 

Architecture:

a. Building facades shall be identified with an established architectural style and include appropriate architectural detailing and ornamentation (to that style) to create visual interest and variety; and

b. Buildings located on corner lots shall utilize variations in building massing, including overhangs, to emphasize street intersections as points of interest.

4A. 

Building Massing, Scale and Rhythm.

a. A building’s massing shall define entry points and help to orient pedestrians;

b. Individual building facade components shall be cohesive to one another and a promote pedestrian-friendly environment on the street level;

c. Buildings shall emphasize and frame important vistas;

d. Building facades shall maintain a minimum height of 25'; and

e. Adjoining building facades shall achieve compatibility through such measures as height, location of cornice lines, scale of window openings, and other vertical and horizontal elements typically present on all facades.

4B. 

Architectural Elements.

a. Architectural elements shall be appropriately scaled and proportioned based on the architectural style utilized;

b. Residential and office/retail architectural styles shall be consistent;

c. Architectural elements shall feature the appropriate design, materials and color, based on the architectural style utilized;

d. The dominant color of all buildings shall be earth tone unless otherwise approved on the Concept and Development Plan;

e. Building entrances shall be defined using appropriate architectural elements (to its style) such as pilasters, columns, overhangs, porticos and the like; and

f. Entrances to upper levels may be incorporated into the facade and appropriately defined.

4C. 

Facade Treatments.

a. All sides of a building shall be consistent as it relates to style, materials, and color;

b. Facades fronting a sidewalk or public street right-of-way must be varied in depth by a minimum 3' per 30' of horizontal surface length;

c. Facades not fronting the main public right-of-way shall be required to provide only minimum design to establish consistency with the main facade;

d. Canopies, awnings, roof and floor overhangs and colonnades may be provided as a measure to provide increased visual interest and pedestrian protection;

e. Ground floor uses shall feature minimum window coverage of 40% for that portion of the building fronting public street right-of-way (i.e., all streets but not rear or side parking lot areas);

f. Only nonreflective, nontinted window glass may contribute to this 40% requirement; and

g. Exterior building finish materials shall consist of any of the following materials:

i. Masonry: defined as brick, cast-stone, glass fiber reinforced concrete or gypsum, split face concrete masonry units;

ii. Stucco (including synthetic stucco);

iii. Glazed ceramic and porcelain tile;

iv. Painted steel and aluminum, cast iron, bronze, brass, copper (including terne coated);

v. Roofing materials (visible from main public right-of-way): copper, factory finished painted metal, slate, synthetic slate, terra-cotta, cement tile, glass fiber shingles; or

vi. Other materials not listed above may be used for architectural trim and accent applications like cornices, brackets, frieze panels, etc.

5. 

Streetscaping.

a. Awnings and canopies shall be allowed along the sidewalk and shall have a minimum clearance of 8' and not extend beyond the curb;

b. Streetscape elements shall consist of street trees, benches, street lamps, bollards, bike racks and trash receptacles and be located at regular intervals along all sidewalks;

c. Street trees shall have 8' of canopy clearance over sidewalks and 14' of clearance where extending into the street;

d. Pedestrian street crossings shall be constructed of an alternative to regular paving, such as integral color stamped concrete, and shall be a minimum of 8' in width;

e. Streetscape elements shall have an identified and unified theme and be consistent with the architectural style of the main structures;

f. Spacing of streetscape elements shall be such to follow sound urban design principles;

g. Outdoor seating shall be allowed along any sidewalk, so long as a minimum of 4' of clearance space is provided for pedestrian traffic;

h. Buildings and sidewalks should be positioned to enhance the pedestrian environment;

i. Brick patterned street treatments (or similar treatments) shall be required and provided at all street intersections to define pedestrian crosswalks;

j. For all trees in pavement, provision shall be made for healthy tree growth by allowing underground room for the adequate amount of growth medium (soil) including aeration and drainage; products similar to silva cells shall be incorporated for this purpose; and

k. Tree grates shall be placed at trees placed in sidewalk pavement.

(D) 

Town Center District (Applicable to any Residential Uses).

1. 

General.

a. Fencing in the front yard shall not be allowed;

b. Fencing along the southern and western portion of the Town Center adjacent to the Town of Double Oak shall be constructed of masonry or stone.

c. Internal lot fencing shall be constructed of wrought iron or wood; and

d. All new power or utility lines shall be placed underground.

2. 

Building Height.

a. Buildings shall be a maximum of thirty-five feet (35'), measured from top of slab to roof ridge.

(E) 

Town Center District (Single-Family).

1. 

Estate Transition (Lot Size):

Lot sizes in those areas of the Town Center component of the Master Plan designated as Estate Transition shall be a minimum of three-quarter (3/4) acre in size.

2. 

Medium Density Single-Family/North of FM 407 (Lot Size):

Lot sizes in that area of the Town Center component of the Master Plan designated as Medium Density Single-Family and located north of FM 407 shall be a minimum of 1/3 acre in size.

3. 

Planned Development/South of FM 407:

That area of the Town Center component of the Master Plan located south of FM 407 shall be designated as Planned Development, with standards as contained in any planned development zoning ordinance for said area, and in the event of any conflict between this Ordinance and the planned development ordinance, the provisions of the planned development ordinance shall prevail.

4. 

Lot orientation:

a. The main entry shall face the main public right-of-way or a public area such as a park, open space, courtyard, plaza, etc.; and

b. Garages shall be attached to the main structure.

5. 

Setbacks:

a. Covered front porches are considered part of the main structure and are not allowed to project into the front yard;

b. Stairs, stoops and the like are allowed to project into the front yard a maximum of 10'; and

c. Architectural projections, to include (but not limited to) pilasters, cornices, roof eaves, bays and towers, may project a maximum 48" into any setback requirement.

6. 

Streetscaping:

a. Streetscape improvements shall include street trees and street lamps.

b. All streetscape elements shall have a unified theme and be consistent with the architectural theme of the main structures.

7. A maximum of one (1) dwelling unit per platted lot is allowed.

8. 

Sidewalks:

a. Sidewalks shall be placed (minimum 5-feet in width) along all lot lines abutting a public street.

9. Architecture of Residential Structures:

a. All exterior building materials shall be of an earth tone, including white, cream, beige, rust and/or other earth tones, with slightly varied, contrasting trim, where applicable, such as muted gray, blue, green, rust or chocolate brown;

b. The following building materials shall not be allowed: tin or concrete block (except split-face block);

c. Building materials for exterior walls of residential structures shall consist of 90% masonry; and

d. Roofing materials shall be of a weathered wood or similar color.

(F) 

Senior Living:

Senior Living uses shall be allowed only in the areas designated as Medium Density Single Family of the Town Center component of the Master Plan. Senior Living shall be age-restricted single-family residential uses and shall be developed in accordance with the Town’s planned development zoning ordinance. The character of Senior Living uses shall have the look and feel of traditional residential subdivisions and complement surrounding land uses. Due to the unique characteristics of age-restricted single family residential living, higher density may be allowed; however, density shall not exceed four (4) units per acre.

(Ordinance 16-001, sec. 4, adopted 2/22/16; Ordinance 19-005 adopted 3/11/19)

§ 2-103A All Residential Zoning Districts (except residential land use in the TC zoning district).

1. 

General.

a. No residential building elevation shall exist within a 1200' radius of an identical residential building elevation.

2. 

Home Occupations.

A home occupation shall meet the following standards to maintain the residential character of the neighborhood while providing opportunities for home-based businesses, except to the extent authorized by another provision of the code of ordinances:

a. Unless specifically permitted by this section or this Code of Ordinances, home occupations shall be conducted entirely within the main residential structure.

b. The home occupation shall be clearly incidental and secondary to the use of the premises for residential purposes.

c. Home occupations shall not produce any alteration or change in the exterior appearance of the residence which is inconsistent with the typical appearance of a residential dwelling.

d. No external evidence of the occupation shall be detectable at any lot line, including advertising, signs, smoke, dust, noise, fumes, glare, vibration, or electrical disturbance beyond the property line.

e. No exterior storage of material, equipment, vehicles, and/or supplies shall be used in conjunction with the home occupation.

f. No storage of hazardous materials for business purposes shall be allowed on the premises.

g. The home occupation shall not have a separate entrance.

h. Not more than two (2) patron- or business-related vehicles shall be present at any one time, and the proprietor shall provide adequate off-street parking for such vehicles.

i. A maximum of one (1) commercial vehicle, capacity one (1) ton or less, may be used or parked on the property in connection with the home occupation. The commercial vehicle shall not be parked on the street.

j. The home occupation shall not require regular or frequent deliveries or pick-ups by large delivery trucks or vehicles with a gross vehicle weight rating in excess of one and one-half (1-1/2) tons. This shall not be construed to prohibit deliveries by commercial package delivery companies. For purposes of this subsection, the gross vehicle weight rating is the manufacturer’s weight rating for the vehicle or trailer or by viewing the manufacturer’s identification plate on the vehicle.

k. The home occupation shall not display advertising signs or other visual or audio devices which call attention to the business use.

l. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made via the telephone, internet, or at a sales party may be filled on the premises.

m. No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking provided for the residence (i.e., the driveway or garage) and along the street frontage of the lot.

n. The home occupation shall prohibit more than one (1) non-resident employee from regularly visiting the home for purposes related to the business.

o. The home occupation shall not offer a ready inventory of any items for sale.

p. The home occupation shall not accept clients or customers before 7:00 a.m. or after 7:00 p.m. Monday through Friday and before 9:00 a.m. or after 6:00 p.m. on Saturday or Sunday. This limitation on hours of operation shall not apply to allowed child-care home occupations. Hours of operation for outdoor activities shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday and to 9:00 a.m. to 6:00 p.m. on Saturday or Sunday.

q. Outdoor activities are not allowed unless the activities are screened from neighboring property and public rights-of-way.

r. Uses permitted as home occupations shall include the following:

i. Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, or similar profession;

ii. Office of a salesman or manufacturer’s representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises;

iii. Author, artist, sculptor;

iv. Dressmaker, seamstress, tailor, milliner or t-shirt printing;

v. Music/dance teacher, tutoring, art or similar educational instruction, provided that no more than five (5) pupils may be present on any day;

vi. Home crafts, such as weaving, jewelry making, pottery-making, model making, or similar home crafts conducted inside the main residential structure;

vii. Child-Care: Licensed Child-Care Home and Registered Child-Care Home. Homes licensed and operating consistent with applicable Texas law;

viii. Community home and other residential care facility that qualifies as a community home under the Community Homes for Disabled Persons Location Act, Chapter 123 of the Texas Human Resources Code and as amended, provided such facilities meet the requirements set out within this Code of Ordinances;

ix. Internet-based businesses; and

x. Food Production Operations that produce nonpotentially hazardous food. Examples of nonpotentially hazardous foods include; bread, rolls, biscuits, sweet breads, muffins, cakes, pastries, cookies, fruit pies, jams, jellies, dried fruit and vegetables, pickles, and dry herbs.

s. Uses prohibited as home occupations shall include, but are not limited to the following:

i. Animal hospital, commercial stable, kennel;

ii. Hair or Nail Salon/Barbershop;

iii. Boardinghouse or roominghouse;

iv. Schooling or instruction with more than three (3) pupils;

v. Restaurant or the sale of on-premises food/beverage consumption of any kind;

vi. Automobile, boat, or trailer repair, small engine or motorcycle repair, large appliance repair, repair of any items with internal combustion engines, or other repairs shops;

vii. Office for doctor, dentist, veterinarian, or other medical-related profession for the purpose of providing care to patients;

viii. On-premises retail or wholesale sale of any kind, except cottage food items produced entirely on-premises as indicated in Subsection (r)(x), above;

ix. Commercial clothing laundering or cleaning;

x. Mortuary or funeral home;

xi. Trailer, vehicle, tool, or equipment rental;

xii. Antique, gift, or specialty shop;

xiii. Office or storage facility for a vehicle fleet operation;

xiv. Any use defined by the building code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy; and

xv. Any physical fitness strength and conditioning regimen that includes instruction or training with the amplification of sound or vibration that may be heard outside the main residential structure.

t. 

Determination of a Home Occupation Use not specifically listed.

The Town Administrator, or designee, shall determine whether a proposed use not specifically listed is appropriate as a home occupation. The Town Administrator shall evaluate the proposed home occupation in terms of its impact on neighboring property, its similarity to other allowed and prohibited uses, and its conformance with the regulations herein.

u. 

Appeal of the Town Administrator’s Home Occupation Determination.

If the applicant disagrees with the determination of the Town Administrator, the applicant may appeal to the Planning and Zoning Commission and thereafter to the Town Council.

v. Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with these provisions shall be deemed a legal nonconforming use.

3. 

Architecture of Residential Structures.

a. Building materials shall be of an earth tone;

b. The following building materials shall not be allowed: tin, metal (or metal in appearance) or concrete block (except split-face block);

c. Building materials for exterior walls shall consist of 80% masonry;

d. Other materials may be approved on a Concept Plan and/or Development Plan when the same is required by this Ordinance. Approval to use other materials not expressly prohibited by this Ordinance is not required unless the exterior walls will consist of less than 80% masonry as defined by this Ordinance. Approval of the use of other materials does not relieve the requirement of item c. above (exterior walls shall consist of 80% masonry) unless approved as part of a Concept Plan or Development Plan when the same is required by this Ordinance, or the Board of Adjustment has granted a variance to the requirement of item c. above.

e. Two of the following design features shall be used: dormers, gables, cupolas, pillars, posts;

f. Screening awnings and similar for windows (on main or secondary structures) shall not be metal.

3.A. 

Architecture: Roofing (including ornamental roofing).

a. Hipped roofs shall have a minimum pitch of 6/12; gable roofs shall have a minimum pitch of 9/12; proposals for roofs of shallower runs may be approved on a Concept Plan and/or Development Plan.

b. For lots of 10 acres or greater in size, any roof pitch is permitted.

c. Metal roofs, other than standing-seam metal roofs, may be approved on a Concept Plan and/or Development Plan;

d. Corrugated metal shall not be allowed; and

e. Shingles shall be a minimum 20-year rated dimensional shingle.

4. 

Lot Layout.

a. “Cluster” development shall be allowed in the Residential districts (except R/A) only and shall be in accordance with the related guidelines defined in Section 7, Open Space and Trails of the Master Plan.

b. Any cluster development must be approved by Concept Plan and/or Development Plan.

5. 

Lot Orientation.

a. The main pedestrian entry must face the front lot line and main public right-of-way except if that main entry is to face a public open space in a cluster development scheme;

b. Garage doors may not face the main public right-of-way unless the garage door (entry) is located within the rear third of the main structure (see diagrams for suitable examples below).

Editor’s note–The diagrams referred to in subsection 5.b above are not printed herein.

6. 

Landscaping.

a. Landscaping shall adhere to the requirements described in Section 6.8 Landscaping of the Master Plan;

b. All plant materials (to include trees and ground cover) shall be indigenous to North Texas;

c. All open space on any given lot must consist of a minimum 80% ground cover of natural, indigenous plantings (to include grasses).

7. 

Drainage.

a. Detention/retention ponds in view from the main public right-of-way must be landscaped or aesthetically improved by other means, subject to approval by Concept Plan and/or Development Plan.

8. 

Buffering.

a. Buffer yards described and recommended in Section 6, Design Guidelines of the Master Plan shall be adhered to.

(Ordinance 06-218, sec. 1, adopted 3/13/06; Ordinance 06-228, sec. 1, adopted 9/11/06; Ordinance 17-002 adopted 5/8/17; Ordinance 18-010 adopted 10/22/18)

§ 2-103B All Nonresidential Zoning Districts.

1. General:

a. All Concept Plan and Development Plan applications shall be accompanied by a written statement or exhibit proving substantial conformance to Section 6, “Design Guidelines,” of the Master Plan;

b. Public and semi-public buildings (schools, community centers, churches and religious-oriented uses, government buildings) shall adhere to all requirements prescribed to and affecting commercial uses in the Town Center district; and,

c. Public facilities related to utility or other infrastructure services (e.g., sewer/water treatment plants, water towers, power-related, etc.) shall adhere to requirements of nonresidential districts/uses as it relates to screening and buffering.[1]

[1] Editor’s note–Where such a public facility abuts a nonresidential use, buffering required of the public facility shall meet standards for a developing nonresidential use abutting a residential use

2. Open Space and Plaza Requirements/Features:

a. A minimum 30% of total developable acreage shall be for use as a public common area to include courts, plazas, malls, parks and the like or for use as undeveloped open space. Open space areas shall be maintained by the developer, HOA, PID or other maintenance mechanism approved by the Town.

3. Drainage:

a. All drainage is recommended to follow Low Impact Development (LID) principles.

b. Areas dedicated to LID may be counted toward open space requirements subject and approved on a concept and/or development plan;

c. Detention/retention ponds in view from the main public right-of-way must be landscaped or aesthetically improved by other means, and approved on a concept and/or development plan;

d. Said improved detention/retention ponds may be counted toward open space requirements subject and approved on a concept and/or development plan; and

e. Detention/retention ponds must meet all drainage requirements of the Town.

4. Landscaping:

a. Landscaping shall adhere to the requirements described in Section 6.8, “Landscaping,” of the Master Plan; and

b. All open space on any given lot must consist of a minimum 80% ground cover of natural plantings (to include grasses).

5. Buffering:

a. Buffer yards described in Section 6, “Design Guidelines,” of the Master Plan shall be adhered to.

(Ordinance 14-004, sec. 6, adopted 4/14/14)

§ 2-103C Application And Development Review Process.

1. General

A. A preapplication meeting with staff Development Review Committee (consisting of the Town Administrator, a representative of the Town engineer, a police department representative, and a fire department representative) shall be required for all development proposals to discuss the Concept Plan;

B. A Concept Plan and Development Plan shall be submitted for all mixed use development proposals, commercial development proposals, and residential subdivisions with more than four lots, and approved as prescribed by this Ordinance. A public hearing shall be required for the approval of a Concept Plan and Development Plan. In approving the Concept Plan, the Town Council may, as a part of its approval motion, waive the public hearing requirement for the Development Plan.

C. The Development Plan shall be in substantial conformance with an accepted Concept Plan approved by the Planning and Zoning Commission and Town Council.

D. A development plan may be submitted in lieu of a concept plan if it contains all the requirements for both.

2. Concept Plan

A. Submittal

A written application for the Concept Plan shall be submitted to the Town Secretary with all appropriate forms and required documents (i.e. studies, drawings, exhibits, etc.) in sufficient size and number as required by most current submittal policies, and a filing fee as provided in the Master Fee Ordinance. An application shall not be considered by the Planning and Zoning Commission or Town Council until all application requirements are met.

B. Content

A Concept Plan shall be prepared by a registered (landscape) architect, land planner, engineer or surveyor. The Plan shall include all of the following information in graphic representation or text:

a. North arrow, graphic and written scale in close proximity;

b. Vicinity map indicating location of developing property;

c. Appropriate title, to include the following:

i. Project name, Town, County, State;

ii. Gross acreage and date of preparation;

iii. Name and address of owner and/or applicant; and,

iv. Name, address and phone number of consultant preparing Plan;

d. Legal description and survey of plat certified by a registered surveyor and showing boundary dimensions, bearings, existing easements;

e. Label existing zoning, proposed zoning, zoning of adjacent properties;

f. Label adjacent properties with owner’s name, existing zoning;

g. Show any appropriate jurisdictions, Town limit lines and ETJ lines on the Plan;

h. Conceptual graphic representation of proposed uses and proposed improvements (generalized);

i. Approximate extent of existing tree cover;

j. Label and describe all appropriate buffer yards (i.e. type, width);

k. Density of dwelling units (if applicable) proposed; and

l. Screening and landscaping plan (generalized); and

m. Fire lanes and fire protection measures.

3. Development Plan

A. Submittal

A written application for the Development Plan shall be submitted to the Town Secretary with all appropriate forms and required documents (i.e. studies, drawings, exhibits, etc.) in sufficient size and number as required by most current submittal policies, and a filing fee as prescribed by the Master Fee Ordinance. An application shall not be considered by the Planning and Zoning Commission or Town Council until all application requirements are met.

B. Content

A Development Plan shall be prepared by a registered (landscape) architect, land planner, engineer or surveyor. The Plan shall include all information required in the Concept Plan (in graphic representation or text):

a. Right-of-way on or adjacent to the developing site, describing street widths as well;

b. Designation of size and points of all ingress/egress to the site;

c. All pedestrian walks, malls and open areas for use by tenants or the public;

d. Location, type and height of all walls, fences, screening devices;

e. Site Data Summary Chart to include:

i. Gross and net acreage of project;

ii. Number of proposed lots;

iii. Percentage of site coverage;

iv. Anticipated schedule of development;

v. Parking and loading spaces required and provided;

f. Area of open space or plaza area (shown also in percent);

g. A note stating conformance to open space or plaza requirements have been met;

h. Outside storage as a percentage (if permitted) of total lot area.

i. Show following related to existing or proposed buildings:

i. Location, dimensions, maximum height, number of stories, uses contained, gross floor area;

ii. Square footage broken down by use;

iii. Building entrances/exits;

iv. Architectural renderings or elevations of the proposed structure(s), noting whether or not facades meet building materials requirements for facades;

v. Distance between buildings;

vi. Distance between buildings and property lines.

j. Clear graphic depictions and statements to the effect that all parking and loading/unloading requirements have been met;

k. All building lines shown;

l. Location, size, height, type and orientation of signs, lighting luminaires;

m. Representative renderings of sign types, facings, material compositions, colors;

n. Location of all trash dumpsters;

o. Types of surfacing to be used, like paving (ex. asphalt, concrete, brick), turfing, gravel;

p. Easements on or adjacent to the site labeled and dimensioned;

q. Proposed and existing fire hydrants;

r. Fire lane widths and all curb radii adjacent to the fire lane labeled;

s. Proposed finished grade of the site, shown to contour intervals not exceeding two feet;

t. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Directional flow arrows in all flow lines, and all existing drainage structures must be included and described. Show also centerline of watercourses and existing drainage easements[.]

4. Review of all Plans

Town Staff, Planning and Zoning Commission and the Town Council shall be responsible for the approval of all Plans (Concept, Development Plans).

(Ordinance 04-200, sec. 1, adopted 12/20/04; Ordinance 05-211, sec. 1, adopted 10/10/05)

§ 2-104 Boarding of Horses.

GENERAL: Private horse or livestock ownership, Home Occupation and Commercial Boarding Operations shall comply with this section and all other applicable town ordinances and regulations.

PRIVATE OWNERSHIP OF COMMON DOMESTIC LIVESTOCK: Private ownership of horses and common domestic livestock is considered to be an accessory use of residential property. As such, no conditional use permits are required. A maximum of three horses per acre may be kept.

HOME OCCUPATION BOARDING: Boarding of horses for fee on property containing the owner’s primary residence or an adjacent property shall be considered Home Occupation Boarding. No conditional use permit shall be required. The number of employees allowed to work in the boarding operation shall not exceed one employee per six horses. The use of the facility shall be limited to the property owners and their families and the owners of the boarded horses. A minimum of two acres shall be required to board horses for fee. No more than three owned and/or boarded horses shall be kept per acre.

COMMERCIAL BOARDING OPERATIONS: The following horse boarding operations shall require a conditional use permit and shall be located on a minimum of five acres.

(1) Any operation not on or adjacent to the owner’s primary residence.

(2) Any operation that is open to the general public for riding lessons, horse rental or other purposes.

(3) Any operation with more than on employee per six horses.

(4) Any operation stocking more than three horses per acre.

(5) Any operation on less than two acres shall require a conditional use permit.

§ 2-105 Planned Development District.

(A) 

General Purpose and Description.

The Planned Development District (PD) is a district that accommodates planned associations of uses developed as integral land use units such as offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing (including attached single-family dwellings), or any appropriate combination of uses that may be planned, developed, or operated as integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to insure against misuse of increased flexibility.

(B) 

Development Standards.

1. Development standards for each separate PD District shall be set forth in the zoning ordinance granting the PD District and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the Town Council may deem appropriate.

2. The zoning ordinance approving a PD District shall include a statement of the purpose and intent of the PD District granted therein. A specific list is required of the regulations in each PD District and a general statement citing the reason for the PD District request.

3. The PD District shall conform to all other sections of the Town’s Zoning Ordinance unless specifically exempted in the ordinance approving a PD District.

4. The PD District shall facilitate a variety of land uses and/or densities, and shall incorporate the elements of open space, innovative design, and pedestrian and vehicular connectivity.

5. Approval of a PD zoning ordinance, as well as any project-related Concept Plan, shall be considered zoning amendments subject to the procedural requirements contained in Article 9, “Amendments to the Zoning Ordinance,” of the Town’s Zoning Ordinance. It is the intent of this subsection that all Planned Development Districts within the Town shall conform to the underlying PD zoning ordinance, including any Concept Plan.

(C) 

Hierarchy of Plans and Drawings.

Within the planned development process a number of plans or drawings are required. These mandatory plans consist of the following:

1. 

Concept Plan.

The Concept Plan shall be provided at the initial stage of the development with the initial zoning request. The Concept Plan shall indicate the entire scope of the site to be developed in all future phases. It shall consist of a general “bubble” diagram showing the locations of various uses, sample elevations and the approximate configuration of the development. Attached text documentation shall define the regulations and descriptions within the “bubble” area but detailed lot layouts, vehicle and pedestrian circulation, and park and open space layout may be depicted in a general manner.

(a) A Concept Plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not indicate platted lots at the time of the Concept Plan, the plan shall provide notations of the typical size, type, and location of lots and building sites, access, density, building height, screening, parking areas, landscaped areas, and other pertinent development data.

(b) A Concept Plan for nonresidential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data to be submitted by the applicant, or required by the Town Council, shall include but is not limited to the types of use(s), topography, and boundary of the PD District development, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development.

2. 

Preliminary Plat.

A Preliminary Plat is a required document that is provided to reflect the general layout of the PD District, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of the Town’s Subdivision Ordinance. The Preliminary Plat shall contain those components referenced in Section 2.5 of the Town’s Subdivision Ordinance, as amended. A Preliminary Plat may be approved at the time of initial zoning of the property as a PD District or may be approved in phases as development occurs; however, a Preliminary Plat must be approved by the Planning and Zoning Commission and the Town Council prior to the consideration of a Final Plat or Site Plan.

3. 

Final Plat.

A Final Plat is a required document that shall be provided before the issuance of a building permit or the construction of public improvements; however, for nonresidential uses a Site Plan also shall be required at the time of platting. The Final Plat shall contain those components referenced in Section 2.6 of the Town’s Subdivision Ordinance, as amended. A Site Plan shall detail the components of the nonresidential development as referenced in Section 2.4(D) of the Town’s Subdivision Ordinance, as amended. It generally shall document the locations of all proposed improvements, dimensions of buildings, drive lanes, driveways, sidewalks, setbacks, and physical features. The Site Plan shall include, on the plan or as an attachment, landscape plans, elevations, photometric maps, or other information pertinent to the development, specifically:

(a) A site inventory analysis including a scale drawing, existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any floodprone areas.

(b) Locations of all existing and proposed thoroughfares and local streets, including widths of rights-of-way and paving.

(c) A tabulation of acres of land uses proposed for the development, including the size and number of lot products, parks, open spaces, common areas, linear feet of pedestrian walkways, and the location and nature of all common area features.

(d) General indication of locations of proposed building complexes, with the exception of single-family residential units, showing the relationship between buildings and property lines, street lines, the location of off-street parking and the location of alleys.

(e) An indication and depiction of the nature and quantity of landscaped areas showing screening walls, ornamental planting, wooded areas, and trees to be planted.

(f) An architectural plan showing elevations and signage style to be used throughout the development for all uses, except single-family and low-density residential uses.

(g) An indication of phasing for the total development.

(D) 

Written Report Required.

When a PD District is being considered, a written report shall be provided by the applicant addressing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, traffic, and how it meets the applicable elements of the Town’s Zoning Ordinance and Master Plan. Written comments from the applicable public school district and from private utilities may be submitted to the Town Council.

(E) 

Planned Development To Be Reflected on Town Zoning District Map.

All PD Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendment thereto, shall be referenced on the Town’s Zoning District Map, and a list of such PD Districts, together with the category of uses permitted therein, shall be maintained by the Town.

(Ordinance 19-004 adopted 3/11/19)