(Ord. No. CSO#1124-09-2019, § 1, 11-11-2019; 12-12-2022 by Ord. No. 4052-12-2022)
B-100-100 
Purpose.
The OT, old town overlay district is established to encourage the preservation and development of architecture and uses that have been determined as being historically and culturally significant to the city. This district shall provide flexibility in land uses and regulations that will encourage the continuance of the historic character identified in "Burleson Old Town - A Preservation and Development Plan." The old town overlay district shall not alter the zoning regulations of the underlying districts, unless otherwise provided within section 100, OT, old town overlay district.
B-100-105 
District limits.
The old town overlay district is comprised of a defined area. Within this area is a central core area which has additional regulations as contained herein. The limits of these areas are as follows:
(a) 
The limits of the OT, old town overlay district shall be as shown on the zoning district map for the city as amended.
(b) 
The physical limits of the central core area shall be defined as that area bounded by Dobson Street to the east, Johnson Street to the west, S.E. Tarrant Avenue to the southwest, Renfro Street to the north, and Bufford Street to the south. Said boundaries shall be measured to the centerline of the respective streets.
B-100-110 
Uses allowed.
In the OT, old town overlay district no building or land shall be used and no building constructed, reconstructed, altered or enlarged, unless permitted in the listing of uses in the underlying district and not specifically prohibited within the OT district. In addition, the following uses shall be allowed:
(a) 
Primary uses:
Bed and breakfast establishments
(b) 
Accessory uses:
Accessory uses as permitted in the underlying district. Laboratory, medical or dental (as an accessory use in a health-care treatment facility, clinic or office.) Outside storage and display of seasonal goods such as flowers, vegetables, and feed sacks.
B-100-115 
Specific use permit.
The specific uses listed in the underlying districts shall be permitted in the OT, old town overlay district unless otherwise prohibited by section 100-120, prohibited uses and 100-125, prohibited uses in the central core area unless otherwise stated a site plan meeting the requirements of section 131, site plan requirements, and a public hearing is required before a recommendation is made by the planning and zoning commission and action is taken by the city council.
(a) 
Uses allowed with a specific use permit:
Apartments, loft
Apartments, studio
Auto glass, seat cover, muffler shop
Auto laundry/carwash
Auto, new used auto sales (outdoors)
Auto painting or body shop
Auto parts sales and accessory sales (with outside storage)
Auto repair garage
Auto sales and auction
Automotive fuel sales
Clothing or similar manufacturing
Convenience store with auto fuel sales
Batting cages
Building materials sales
Department store
Farm, ranch, garden, orchard Laboratory, medical or dental
Laboratory research
Miniature golf course
Motor freight terminal
Motorcycle sales and repair
Paint shop
Pet stores
Restaurant or cafeteria (drive in type)
Restaurant or cafeteria (drive through type) [Old Town central core area only] [A restaurant or cafeteria (drive-through type) is defined as an establishment principally for the sale and consumption of food which has window service allowing customers to pick up food for off-site consumption; this use may also serve food for consumption on-site within the restaurant or for carry-out for off-site consumption, and may or may not have on-site dining facilities.]; however, a specific use permit for this use is allowed only if the following conditions are met:
a. The site must be located east of the Union Pacific railroad tracks that run through the area defined as the Old Town Overlay District; and
b. A new specific use permit must be applied for with each change of occupancy, land use, and/or Certificate of Occupancy request; and
c. A Traffic Impact Analysis shall be required with each specific use permit request for a drive-through to be reviewed and approved by the City's Traffic Engineer; and
d. A commercial site plan showing the placement of the customer ordering windows or ordering devices with adequate stacking of no less than 5 spaces from the customer ordering location, unless otherwise approved by City Council, will be required with each change of occupancy.
If the specific use permit request is denied following any of the future events specified in (b) above, the site shall be modified to remove or restrict the use of any previously existing drive through.
School, business
School, trade
Tool rental
Veterinarian hospital
B-100-120 
Prohibited uses.
The following uses are prohibited within the OT, old town overlay district:
(a) 
Prohibited uses:
Cleaning plant commercial
Fairgrounds
Golf course, commercial
Hospital, acute care
Hospital, institution care
Helistop
Rodeo grounds
B-100-125 
Prohibited uses in the central core area.
Within the central core area of the old town overlay district, the following uses shall be prohibited:
(a) 
Prohibited uses:
All uses listed in section 100-120, prohibited uses
Autoglass, seat cover, muffler shop
Auto laundry/carwash
Auto, new used auto sales (outdoors)
Autopainting or body shop
Auto parts sales and accessory sales (with outside storage)
Autorepair garage
Auto sales and auction
Automotivefuel sales
Battingcages
Building materials sales
Clothing or similar manufacturing
Conveniencestore with auto fuel sales
Department store (over 10,000 square feet ground floor)
Farm, ranch, garden, orchard
Laboratory, medical or dental
Laboratoryresearch
Miniaturegolf course
Motor freight terminal
Motorcyclesales and repair
Paintshop
Pet stores
Restaurant or cafeteria (drive in type)
School, business
School, trade
Toolrental
Veterinarian hospital
B-100-130 
Area and parking requirements.
The regulations regarding area requirements for lots and structures, within the old town overlay district shall be as established by the Burleson Old Town Design Standards, except for residentially used lots platted before 1900, such lots to be regulated as follows:
(a) 
Residentially zoned lots shall be exempt from minimum lot area and minimum structure area requirements.
(b) 
All residentially used lots, in all underlying districts, shall have a front, side and rear yard setback of not less than five feet.
(c) 
Except in the Central Commercial District, all residentially used lots shall provide for one off street parking space per residential unit.
B-100-135 
Conversion of residential structures.
All residential structures located within the underlying GR, C, and CC districts, within the OT overlay district, may be used as commercial or residential as long as the following conditions are met:
1. 
The residential structure is not altered such that the bathrooms, kitchen, and garage facilities are removed or rendered unusable for a residential structure.
2. 
The natural ground cover in the front, side, or rear yards are not removed or paved with a permanent surface as to render it unusable for typical residential purposes.
3. 
Any and all signage shall be monument or nameplate type signs. In the event that the use of the structure shall change from commercial to residential, all nonresidential signage shall be removed and the original ground cover shall be returned to the original condition existing prior to placement of the sign.
B-100-140 
Concurrent use of commercial and residential structures.
A commercial structure may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:
1. 
Only one residential unit, regardless of square footage of the residential use, may be permitted per commercial structure; except that:
2. 
More than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed 60 percent of the total square footage of the structure.
B-100-145 
(Reserved).
B-100-150 
Fences, walls, and screening.
With the exception of the following requirements, fences, walls, and screening shall comply with [chapter 36 of the Burleson Code of Ordinances].
1. 
Unpaved parking areas as permitted in accordance with section 100-155 and all other areas requiring screening shall provide screening of opaque material providing an aesthetic visual barrier consisting of fencing, decorative walls, live plant material, or a combination thereof such that they prevent the public from directly viewing, from the public right-of-way, the area being screened.
2. 
No screening will be allowed to extend into any sight visibility triangle.
B-100-155 
Unpaved parking for fleet vehicles and dedicated employee parking.
Parking areas which are totally and exclusively dedicated to employee or fleet parking, shall not be required to have a paved surface. A minimum of six inches of crushed stone base shall be considered acceptable. Said unpaved surface shall be maintained in a good condition by the property owner.
B-100-160 
Signs.
Signs shall comply with [chapter 63 of the Burleson Code of Ordinances]. In addition, the following regulations apply in the OT, overlay district:
1. 
In all underlying districts, including the CC district, pole signs will be permitted only adjacent to Renfro Street. Pole signs prohibited by this section which are in existence prior to the effective date of this ordinance shall be permitted to remain.
2. 
Easel, A-frame or placard signs not to exceed eight square feet per side with a maximum height of four feet are permitted in the OT, overlay district as sidewalk signs, but shall not restrict the free movement of pedestrian traffic.
B-100-165 
Outdoor seating.
The provision of amenities, such as permanent outdoor seating in public rights-of-way, which enhance the pedestrian nature of the area are encouraged. Uses such as restaurants located in the OT, overlay district, in public rights-of-way, may provide permanent outdoor seating on the sidewalks adjacent to their property under the following conditions:
1. 
The applicant must indicate on the site plan the location of all proposed outdoor seating areas.
2. 
The requirements for the Americans with Disabilities Act must be met.
3. 
The applicant must provide proof of general liability insurance coverage, not less than $500,000.00 per occurrence with an aggregate limit of $1,000,000.00, to cover the liability concerns regarding this use.
B-100-170 
Plans and drawings.
Plans and drawings for new construction projects or for renovation, projects in which structural renovations, repairs or additions made within a single calendar year exceed 50% of the structure's value as established by the Johnson County Appraisal District, shall be prepared and submitted in accordance with the requirements of the Burleson Old Town Design Standards.
(Ord. No. B-582(G0410), § 2, 4-19-2010; Ord. No. CSO#1124-09-2019, § 1, 11-11-2019; Ord. No. CSO# 1124-09-2019, § 1, 11-11-2019; Ord. No. CSO# 1240-01-2020, § 1, 1-21-2020)
B-101-1 
Purpose.
The IH35, Interstate Highway 35 overlay district, is established to encourage the development and redevelopment of the IH35 Corridor by providing for the flexibility of uses, stimulating a broad mix of commercial development, incorporating appropriate residential uses, supporting and sustaining property values of properties within the overlay district as well as those adjacent to it, and creating a quality and unique gateway for Burleson along the IH35 Corridor. This overlay district establishes a set of urban design and development standards for development of properties within the overlay district. It also will enable Burleson to proactively anticipate and coordinate with the Texas Department of Transportation (TxDOT) all current, anticipated and new improvements to IH35 so that the city may best leverage development opportunities along the IH35 Corridor. The standards of the IH35 overlay district shall supersede the regulations of the underlying zoning districts as well as the subdivision and design standards to the extent the overlay standards conflict with those standards.
B-101-2 
District limits and character.
The IH35 overlay district is comprised of a defined area. Within this area are five specific plan areas that contain additional regulations delineated herein. The limits of these areas are as follows:
(a) 
The limits of the IH35 overlay district shall be shown on the zoning district map, as amended, of the city, and shall generally comprise a boundary extending 500 feet on both sides from the right-of-way of Interstate Highway 35 unless included within a specific plan area. All parcels contained along the Interstate Highway 35 corridor within the city limits between County Road 530B and the southernmost city limit line will also be considered within this corridor. Property currently located in the extra-territorial jurisdiction of the City of Burleson shall be subject to the conditions of the overlay district upon annexation into the city limits.
(b) 
The limits of IH35 specific plan 1 shall also be shown on the zoning district map for the city as amended. The development character of specific plan 1 shall be predominantly a corporate and hospitality mixed-use environment in order to take advantage of its location near Spinks Airport as a regional hub for transportation and business.
(c) 
The limits of IH35 specific plan 2 shall also be shown on the zoning district map for the city as amended. The development character of specific plan 2 shall be principally a nonresidential area providing areas for commercial, office, educational and institutional development, with limited areas for industrial and higher density residential projects.
(d) 
The limits of IH35 specific plan 3 shall also be shown on the zoning district map for the city as amended. The development character of specific plan 3 shall be a mixed-use place providing civic, convention, hospitality, entertainment, retail, mixed residential and other lifestyle destinations.
(e) 
The limits of IH35 specific plan 4 shall also be shown on the zoning district map for the city as amended. The development character of specific plan 4 shall be a business park in order to take advantage of its location on Interstate Highway 35 so that a mix of businesses, light industrial facilities, warehouses and showrooms can be provided in a flex-space environment with good access from all parts of the region.
(f) 
The limits of IH35 specific plan 5 shall also be shown on the zoning district map for the city as amended. The development character of specific plan 5 shall be predominantly office, commercial and residential mixed-use environment taking advantage of the eventual expansion of FM 917, which will create a major regional highway interchange.
B-101-3 
Applicability.
The development standards contained in this overlay district shall apply to all publicly owned and privately owner parcels located within the boundary shown on the official zoning map.
(a) 
The IH-35 overlay district shall not alter the zoning regulations of the underlying districts, unless otherwise provided within this section.
(b) 
In addition to regulations as contained in this section, Appendix C. Urban Design Standards, Article V: IH-35 Design Standards shall be applicable within this district.
B-101-4 
Uses allowed.
(a) 
In the IH35 Overlay District, no building or land shall be used and no building constructed, reconstructed, altered or enlarged unless permitted in the listing of uses in the underlying base zoning district or specific plan areas, and is not specifically prohibited within the IH35 Overlay District. In addition, some land uses may require approval of a Specific Use Permit.
(b) 
Reserved.
(c) 
The IH35 overlay district is divided into the following specific plan areas:
Specific plan area 1 — Spinks
Specific plan area 2 — E Renfro Street/Hurst Road (HURST)
Specific plan area 3 — Hidden Creek Destination Center (HCDC)
Specific plan area 4 — Business Park (BP)
Specific plan area 5 — FM 917 Interchange (FM917)
The following table indicates additional land uses that shall be allowed within each specific plan area. These land use designations supersede the allowances of the base zoning districts. The following symbols are used in the table of permitted uses:
▪ - Use permitted by right
S — Use permitted by Special Use Permit (SUP)
[blank] — Refer to base zoning district
Land Use Category
1.
SPINKS
S
2.
HURST
T
3.
HCDC
4.
BP
5.
FM917
All Other Areas
Apartment, studio or loft
Automobile sales (new or used)
S
S
S
S
S
S
Automotive fuel sales
S
S
S
S
Bakery
Banks
Catering services
Bulk distribution center
S
 
 
College or university
Conference facilities
Contractor office with storage yard
S
 
 
S
S
S
Corporate office
Day care
Delicatessen
Dry cleaner
Financial services
Health services office, clinic or laboratory
Health or fitness club
Hotels
Kennel (indoor)
S
S
S
S
S
S
Mini-warehouse/self storage facility
S
S
S
S
S
S
Municipal offices
Museum
Parking garage
Pharmacy
Postal and reprographic service
Professional services
Recreational and sports facilities
S
S
Restaurants
Restaurants with drive-thru or drive in service
S
S
S
S
Salvage yards
S
 
 
S
S
 
School, business or trade
Swimming, tennis or sports club
Theater, drive in
 
 
 
 
 
Theater, movie or performance
Townhouse
Training facilities or classrooms
Travel agency
Wireless communications facility (monopole)
S
S
S
S
S
S
B-101-5 
Prohibited uses within specific plan areas 1 and 3.
The following uses shall be expressly prohibited within specific plan areas 1 (Spinks) and 3 (Hidden Creek Destination Center) in the IH35 overlay district, regardless of whether the use is allowed in the base zoning district.
Automotive and machinery repair (as primary use and not affiliated with indoor auto sales)
Automotive and machinery services
Automotive and machinery washes
Automotive parts sales (as a primary use)
Automotive rental
Automotive repair, painting or body work (as a primary use and not affiliated with new automobile sales)
Batting cages
Boat sales (as a primary use)
Bulk distribution centers (provided that this shall not prohibit warehouse use that is ancillary to a permitted primary use)
Camper sales
Campgrounds
Day camp for children
Donation centers
Fairgrounds
Flea markets
Go-cart tracks
Heavy equipment sales, rental and leasing
Heavy machinery sales or repair
Industrial building sales
Kennels
Manufactured home sales
Mini warehouses
Portable building sales (as a primary use)
Recreational vehicle parks
Recycling centers (provided that this prohibition shall not prevent use of temporary collection and storage bins for recyclable materials generated by a permitted use during the ordinary course of business)
Sale of used goods (except antiques and estate sales)
Salvage yards
Shooting ranges
Tire retread, recapping and storage
Truck service or repair
Truck stops
Trucking terminals
Video arcades (as a primary use)
Wholesale nurseries (as a primary use)
Wrecking yards or auto salvage
B-101-6 
Building heights.
Building heights shall be subject to the requirements of Section 133 of the zoning ordinance, except as follows:
(a) 
Within the overlay district, nonresidential and mixed-use buildings may be constructed to a height not to exceed 65 feet. Government, institutional and other public buildings may be constructed to a height of 90 feet.
(b) 
Buildings located in specific plan areas 1, 2 and 5 may be constructed to a height of 120 feet, except that the heights of all buildings shall be subject to the provisions of the Spinks Airport Air Hazard Zoning Ordinance, as amended.
(c) 
For properties that abut a residentially-zoned property, the building setback line adjacent to the residential property shall be increased one foot for each additional foot in building height over 50 feet. If a public road is located between the residentially-zoned property and the building, the road right-of-way width may be included in the setback calculation if the setback exceeds 100 feet.
(d) 
The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof for flat roofs (not the parapet) and the mid-point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block.
(e) 
Architectural embellishments that are not intended for human occupancy and are integral to the architectural style of the building may exceed the height limits of this section by up to the lesser of 50 percent over the permitted building height or 100 percent over the actual building height. Architectural embellishments include spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25 percent of the first story plan area.
(f) 
Mechanical equipment, including, mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to 20 feet above the actual building height, and provided the same shall be 1) setback from all exterior walls a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described above.
B-101-7 
Outdoor displays and storage areas.
(a) 
Outside display of merchandise shall be allowed, provided that it shall be limited to an area within eight feet of the front wall of the building, and limited to not more than 50 percent of the building's private frontage. Emergency pedestrian access to the building shall not be blocked. Merchandise shall not be displayed between the hours of 11:00 p.m. and 6:00 a.m. For purpose of this regulation, the front wall shall be the front containment wall of the structure and not the front of an overhanging walkway cover.
(b) 
Displays shall be allowed with functional restrictions within the building's public frontage (i.e., the public right-of-way) upon the approval of the city manager or his or her designee.
(c) 
There shall be no outside storage or outside sales areas of landscaping materials, plants or general merchandise, except for an outside display area, as provided in the above paragraph. For purpose of this regulation, nothing shall prohibit the sale or display of landscaping materials, plants or general merchandise located behind an enclosed solid screening wall constructed of like materials to the building, provided merchandise is not visible above the top of the screening wall.
(Ord. No. B-582(K1110), § 5, 12-6-2010; Ord. No. B-582(O0114), § 1, 2-3-2014; Ord. No. CSO#1124-09-2019, § 1, 11-11-2019)
B-103-1 
Purpose.
The BP, business park overlay district is established to encourage employment opportunities by attracting industries with strong potential for upward mobility of skilled workers such as logistics and warehousing. This district will include a mix of low and medium density industrial buildings and industrial yards and have large surface parking for cars and trucks. The business park overlay district shall rely on quality road access and may be linked to rail for freight purposes. This land use shall need wide street lanes and large intersections. Transit, sidewalks and other pedestrian improvements shall be limited.
B-103-2 
District limits.
The BP, business park overlay [1] district is comprised of a defined area. The limits of the BP, business park overlay district as shown in exhibit A and shall be as shown on the zoning district map for the city as amended.
[1]
Editor's note—Exhibit A is on file in the office of the city secretary.
B-103-3 
Applicable regulations.
(a) 
The BP, business park overlay district shall not alter the zoning regulations of the underlying districts, unless otherwise provided within this section.
(b) 
In addition to regulations as contained in this section, Appendix C. Urban Design Standards, Article VII: Business Park Design Standards shall be applicable within this district.
(c) 
The following development regulations of the Burleson Code of Ordinances shall not apply within this overlay district:
(1) 
Chapter 10. Building and Building Regulations, Article XV, Masonry regulations.
(2) 
Chapter 36. Fencing and screening regulations.
(3) 
Chapter 63. Sign regulations.
(4) 
Chapter 86. Landscaping, trees and vegetation regulations.
B-103-4 
Uses allowed.
In the BP, business park overlay district no building or land shall be used and no building constructed, reconstructed, altered or enlarged unless permitted in the listing of uses in the underlying district or additionally permitted within this BP district and not specifically prohibited within the BP district.
(a) 
Primary uses:
In addition to permitted uses of the underlying districts, following uses are allowed in the BP, business park overlay district:
Corporate headquarters
Data processing, hosting, and related services
Logistics facilities
Motel or hotel
Office, business and professional
Office, medical or dental
Park or public playground
Research and development facilities
Retail shop
Warehousing for storage and distribution
(b) 
Accessory uses:
Auto laundry/carwash
Automotive fuel sales
Battery Charging Area
Caretaker's or guard's residence
Mechanical bay
(c) 
Uses allowed with specific use permit:
Antenna facility—Subject to compliance with all the provisions of City of Burleson Code of Ordinances, Appendix B, Zoning Ordinance, Section 44 Antenna Facilities with the following additional conditions:
Shall be concealed from public right-of-way; or
Shall be screened from public view.
Medical care facilities
B-103-5 
Prohibited uses
The following uses are prohibited within the BP, business park overlay district: Animal pound, private
Asphalt/concrete batching (permanent)
Auto glass, seat cover, muffler shop
Auto impoundment
Auto, new used auto sales (outdoors)
Auto painting or body shop
Auto parts and accessory sales (with outside storage)
Auto repair garage
Auto sales or auction
Automobile/truck rental service
Brick kiln or tile plant
Cement or hydrated lime
Cleaning plant, commercial
Contractors, electrical/mechanical/plumbing (with outside storage)
Contractor, storage equipment
Custom personal service shop
Dump or sanitary landfill
Dyeing/laundry plant, commercial
Go-cart track
Hatchery
Hauling or storage company
Heavy machinery sales/repair
Kennel
Livestock auction
Maintenance and repair services for buildings
Massage, therapeutic
Motorcycle sales and repair
Monopole antenna
Open salvage yard
Open storage of commercial goods
Paint shop
Parking lot or structure, commercial (auto)
Parking lot, trucks/trailers
Plumbing shop (with outside storage)
Sand/gravel extraction storage (outside)
Sewage pumping station
Sewage treatment plant
Sexually oriented business — subject to compliance with all provisions of Chapter 14, Sections 14-471 through 14-499, Burleson Code of Ordinances.
Stable or barn, private
Taxidermy
Tire retread, recapping and storage
Trailer, manufactured home sales, rental, assembly and manufacturing
Topsoil/sand extraction/storage
Veterinarian, office only
Veterinarian hospital
Veterinarian with outside animal pens
Welding or machine shop
Wrecking or auto salvage yard
B-103-6 
Development regulations.
(a)
Minimum lot size
2 acre
(b)
Building setback line along IH-35
70 feet minimum
(c)
Building setback line along road type B
40 feet minimum
(d)
Building setback line adjacent to residential districts whether separated by an alley or not
70 feet minimum
(e)
Building setback line along all other ROW
30 feet minimum
(g)
Lot coverage
75% of lot area maximum
B-103-7 
Building height.
(a)
Building height
80 feet maximum, or 120 feet with SUP approval for height