(a)
Purpose.
The retail district (R) is to establish business
areas for sales tax generating retail, business and personal service
enterprises. Site planning controls shall limit sales and services
to the interior of building and structures. Where exterior sales and
services are necessary, buffering and landscaping shall be required
adjacent to residential uses and zones.
(b)
Permitted uses.
The following are permitted when such
use is conducted entirely within the interior of a building. A permitted
use does not include a use when it is identified as a conditional
use herein.
(1)
Business, professional and technical service and sales
(2)
Financial institution, insurance, real estate
(3)
Medical, pharmacy and state licensed health services
(4)
Personal service, and service for home and residence
(5)
Retail sales in individual buildings or in planned centers of retail
users
(6)
Restaurant
(7)
Privately owned educational and day-care facility
(8)
Federal, state or local governmental use
(9)
Alcohol: mixed beverage sales (on-premises consumption)*
(10)
Alcohol: wine and malt beverage sales (on-premises consumption)*
|
* Selling, storing, dispensing, or otherwise handling of alcoholic
beverages for on-premises consumption shall be incidental and secondary
to a use on the same premises (ex. hotel, restaurant, winery, etc.),
which shall be construed to mean that at least 40 percent of the gross
receipts of such business shall be from non-alcohol, food sales, or
off-premises consumption. Alcohol-related uses shall meet all requirements
for distance as specified in division 10 (use regulations).
|
(c)
Conditional uses.
(1)
Automobile fueling and gasoline filling station
(2)
Automobile service establishment
(3)
Car wash
(4)
Outdoor, drive-in or drive-through sales or service activity
(5)
Amusement, theater, exercise and sports establishment
(6)
Bakery/confectionery retail establishment
(7)
Building materials sales
(8)
Church or place of worship at free standing or individual sites
(9)
Dry-cleaning retail establishments with no processing on site
(10)
Hotel
(11)
Landscaping material sales
(12)
Merchandise rental
(13)
Pet grooming and care services
(14)
Veterinarian services
(15)
Vapor smoking services
(16)
Retail storage service facilities
(17)
Private clubs and organizations (indoor)
(18)
Second hand/used goods/pawn shop provided the lot on which a similar
establishment is located is more than one thousand (1,000) feet from
the location of the proposed use; the one thousand (1,000) foot distance
shall be measured between the lots and along the public street
(19)
Cash and retail lending service establishment provided the lot on
which a similar establishment is located is more than one thousand
(1,000) feet from the location of the proposed use; the one thousand
(1,000) foot distance shall be measured between the lots and along
the public street
(20)
Tattoo service and similar body artwork establishment provided the
lot on which a similar establishment is located is more than one thousand
(1,000) feet from the location of the proposed use; the one thousand
(1,000) foot distance shall be measured between the lots and along
the public street
(21)
Alcohol: mixed beverage package store (on- and/or off-premises consumption)*
(22)
Alcohol: wine and malt beverage package store (on- and/or off-premises
consumption)*
(23)
Alcohol: brewpub (on- and/or off-premises consumption)*
|
* Selling, storing, dispensing, or otherwise handling of alcoholic
beverages for on-premises consumption shall be incidental and secondary
to a use on the same premises (ex. hotel, restaurant, winery, etc.),
which shall be construed to mean that at least 40 percent of the gross
receipts of such business shall be from non-alcohol, food sales, or
off-premises consumption. Alcohol-related uses shall meet all requirements
for distance as specified in division 10 (use regulations).
|
(d)
Area requirements.
(1)
Minimum lot area: 1 acre (43,560 square feet)
(2)
Lot dimensions: none
(3)
Minimum building size: 2,500 square feet
(4)
Maximum building size: 20,000 square feet
(5)
Yard requirements – main structure setbacks and lot coverage.
(A)
Minimum front yard (feet): 25
(B)
minimum side yard (feet): 7 except adjoining residential where the
side yard shall be the greater of 15 feet or equivalent to the building
setback of the adjacent residential property
(C)
Minimum side yard of corner lots (feet): 25
(D)
Minimum rear yard (feet): 10 except adjoining residential where the
rear yard shall be 50 feet measured from the property line to the
building foundation
(E)
Minimum rear yard double front lots (feet): 25
(F)
Maximum lot coverage: 80%
(e)
Building placement, orientation and site design.
(1)
No service canopies, drive-thru lanes, service doors for auto or
similar service shall face the public street nor a residential lot
or residential zoning district.
(2)
All utility lines (power, phone, cable, etc.) shall be placed underground.
(3)
Sidewalks (eight (8) foot minimum width) shall be provided along
lot lines adjoining the public streets. Interior walkways are required
and shall be connected to adjoining public sidewalks.
(4)
Marked pedestrian crosswalks shall be provided at all public street
intersections adjoining the development.
(5)
Architectural and/or landscape elements shall be designed to provide
shade on the south and west exposures to protect patrons in plazas,
patios and other public spaces.
(6)
Shopping cart areas, within the tenant space shall be screened from
view with decorative screening or landscaping as high as the carts.
(7)
Exterior display of retail sales, vending, amusements and seasonal
sales shall be pre-planned and proposed locations for such activities
shall be depicted on the site plan for approval by city.
(8)
Accessory structures such as trash enclosures, utility services,
telecommunication equipment and heating/cooling systems shall be screened
from view of neighboring buildings, sites and roadways. Materials
to screen around these systems shall match or compliment adjacent
building materials. Gates shall not allow for view of the contents
of the enclosure.
(9)
Highly visible detention basins for storm drainage shall be contoured,
use curvilinear design forms and shall be aesthetically landscaped
and maintained.
(10)
All sides of a building shall be designed with consistent architectural
and façade elements. Roofline silhouettes shall be broken up
through the use of large cornices, changes in parapet heights, or
other techniques such as awnings, bulb-outs, and reliefs. At least
fifty percent (50%) of the total façade shall use features
such as windows, awnings, entryways, columns, architectural relief
to discourage long expanses of bare wall. All exterior metals and
plastics (vents, flashings, and gutters) shall be screened from view,
painted or treated to blend in with the adjacent surrounding materials.
(11)
All glass, plastic or other transparent materials shall be treated
to eliminate reflective glare.
(12)
Retail and commercial uses adjacent to a residential use or zone
shall provide:
(A)
A masonry wall or similar screening device along the shared lot line;
and
(B)
A landscape buffer area of at least twenty (20) feet in width along
the common property line, with one canopy tree for each thirty (30)
linear feet or portion thereof of adjacent exposure. These trees shall
not be clustered. When applicable, connection to the adjacent neighborhood
shall be provided via a sidewalk or trail through the wall and landscaped
buffer area, leading to an adjacent right-of-way, sidewalk, and/or
trail to provide connectivity to adjacent neighborhoods or other developments.
(Ordinance 2018-03-02, sec. 9.1.6.1,
adopted 3/20/18; Ordinance
2022-03-02 adopted 3/1/22; Ordinance 2022-07-02 adopted 7/19/22; Ordinance 2022-09-02 adopted 9/6/2022)
(a)
Purpose.
Main street district (M) recognizes the existence
of established residential uses along Main Street in Lavon; however,
as Lavon grows there is recognized a need and desire to develop a
traditional downtown for the city. The traditional Main Street envisions
a mixture of uses that a traditional downtown includes; residential,
commercial, governmental, churches. Development regulations will encourage
low density design, walkability, retention of historical structures,
flexibility of land use with control of site design and the form of
the structure. Screening shall be required of all commercial uses
adjoining residential structures.
(b)
Permitted uses.
The following are permitted when such
use is conducted entirely within the interior of a building, except
when identified as conditional use herein.
(1)
Business, professional and technical service and sales
(2)
Financial institution, insurance, real estate
(3)
Medical, pharmacy and state licensed health services
(4)
Personal service and services for home and residence
(5)
Day care for child and adult and educational services
(6)
Retail sales as individual enterprises within individual and separate
structures
(7)
Planned centers of more than one individual retail uses
(8)
Restaurant
(9)
Single family detached dwelling
(10)
Townhouse
(11)
Home based business within single family detached dwelling
(12)
Federal, state or local governmental use
(13)
Vertically mixed use retail and multi-family residential
(14)
Alcohol: mixed beverage sales (on-premises consumption)*
(15)
Alcohol: wine and malt beverage sales (on-premises consumption)*
|
* Selling, storing, dispensing, or otherwise handling of alcoholic
beverages for on-premises consumption shall be incidental and secondary
to a use on the same premises (ex. hotel, restaurant, winery, etc.),
which shall be construed to mean that at least 40 percent of the gross
receipts of such business shall be from non-alcohol, food sales, or
off-premises consumption. Alcohol-related uses shall meet all requirements
for distance as specified in division 10 (use regulations).
|
(c)
Conditional uses.
(1)
An outdoor, drive-in or drive-through sales or service activity including
rear yard patios requiring limited service hours and limited noise/entertainment
levels and limited hours
(2)
Amusement, theater, exercise and sports establishment
(3)
Bakery/confectionery retail establishment
(4)
Church or place of worship at free standing or individual site
(5)
Dry-cleaning retail establishment with no processing on site
(6)
Pet grooming and care services
(7)
Veterinarian services
(8)
Vapor smoking services
(d)
Area requirements.
(2)
Minimum building size:
1,500 square feet
(3)
Maximum building size:
7,500 square feet
(4)
Yard requirements – main structure setbacks and lot coverage.
(A)
Minimum front yard (feet): 12
(B)
Maximum front yard (feet): 20
(C)
Minimum side yard (feet): 7 except adjoining residential where the
side yard shall be (feet) 15
(D)
Minimum front yard (feet): 12
(E)
Maximum side yard of corner lots (feet): 20
(F)
Minimum rear yard (feet): none except adjoining residential where
the rear yard shall be (feet) 15
(G)
Minimum rear yard double front lots (feet): 45
(H)
Maximum lot coverage: 40%
(e)
Building placement, orientation and site design.
(1)
No service canopies, drive-thru lanes, service doors for auto or
similar service shall face the public street nor face a residential
use or zoning district.
(2)
All utility lines (power, phone, cable, etc.) shall be placed underground.
(3)
Sidewalks shall be provided along the lot lines adjoining public
streets in accordance with city regulations and policies. Interior
walkways shall be required and shall connect to existing surrounding
and adjoining public sidewalks as well as locations of future required
public sidewalks.
(4)
Marked pedestrian crosswalks shall be provided at all public street
intersections adjoining the development.
(5)
Architectural and/or landscape elements shall be designed to provide
shade on the south and west exposures to protect patrons in plazas,
patios and other public spaces.
(6)
Shopping cart areas, within the tenant space shall be screened from
view with decorative screening or landscaping as high as the carts.
(7)
Exterior display of retail sales, vending, amusements and seasonal
sales shall be pre-planned and proposed locations for such activities
shall be depicted on the site plan for approval by city.
(8)
Accessory structures such as trash enclosures, utility services,
telecommunication equipment and heating/cooling systems shall be screened
from view of neighboring buildings, sites and roadways. Materials
to screen around these systems shall match or compliment adjacent
building materials. Gates shall not allow for view of the contents
of the enclosure.
(9)
Highly visible detention basins for storm drainage shall be contoured
with curvilinear design forms, aesthetically landscaped and maintained.
(10)
All sides of the building shall be designed with consistent architectural
and façade elements. Roofline silhouettes shall be broken up
through the use of large cornices, changes in parapet heights, or
other techniques such as awnings, bulb-outs, and reliefs. At least
fifty (50) percent of the total façade shall use features such
as windows, awnings, entryways, columns, or other architectural relief
to discourage long expanses of bare wall. All exterior metals and
plastics (vents, flashings, and gutters) shall be screened from view,
painted or treated.
(11)
All glass, plastic or other transparent materials shall be treated
to eliminate reflective glare.
(12)
Retail and commercial uses adjacent to a residential use or zone
shall provide a masonry wall or dense landscaped screen along the
lot line from the front yard through the rear yard.
(Ordinance 2018-03-02, sec. 9.1.6.2,
adopted 3/20/18; Ordinance
2021-07-04 adopted 7/6/21; Ordinance 2022-03-02 adopted 3/1/22; Ordinance 2022-07-02 adopted 7/19/22)
(a)
Purpose.
The purpose of this district, business park
(B) is to plan for a wide range of information technology, research
and development, manufacturing, wholesale, warehouse and transportation
uses that will generate job opportunities for the citizens of the
city. Regulations are set in place to allow for manufacturing uses
that meet guidelines to reduce the impact on adjacent non-manufacturing
development from potentially incompatible uses and conditions.
(b)
Permitted uses.
The following are permitted when such
use is conducted entirely within the interior of a building which
is a minimum of fifteen thousand (15,000) square feet.
(1)
Appliance, instrument, controller, device, parts, and vehicle manufacturing
(2)
Automobile and truck repairs and service
(3)
Die, tooling, equipment and machinery manufacturing
(4)
Federal, state or city owned or controlled facilities, utilities,
parks, playgrounds, recreational facilities, open space preserves
and municipal uses
(5)
Information assembly, broadcasting, carriers, distribution, publication,
production, telecommunication, information sellers, data processing
(6)
Materials bending, cutting, machining, molding, and welding
(7)
Parts assembly, materials sorting previously manufactured
(8)
Packaging of parts and materials previously manufactured
(9)
Professional, scientific and technical services
(10)
Storage - self service
(11)
Wholesale enterprises without materials storage and distribution
(12)
Warehousing and distribution facilities
(c)
Conditional uses.
Conditional uses include the following
uses when such uses are conducted entirely within the interior of
a building. Equipment necessary to the manufacturing process outside
of the building shall be screened from the public street and adjoining
property. Building shall be minimum of fifteen thousand (15,000) square
feet.
(1)
Manufacturing processes that bake, blend, coat, dip, draw, distill,
extract, extrude, heat, mill, refine, reclaim, recycle, roll and any
process not identified, provided any such process is conducted entirely
within a building and provided no emission or contaminants shall leave
the property. Such process shall meet all permitting requirements
of the U.S. Environmental Protection Agency, Texas Commission [on]
Environmental Quality and similar regulating federal and state agencies.
Waste handling, disposal and pretreatment studies and certifications
shall be required for all products, by-products and waste materials
produced.
The emission of particulate matter from all sources shall not
exceed the level specified by the Texas Commission on Environmental
Quality or regulations specified by the Texas Department of Health.
Proof that emissions comply with applicable permitting requirements
shall be provided to city.
(2)
Storage of all flammable liquids and materials.
(3)
Open storage and open processing operations, including on-site sand
and gravel processing and storage, sand blasting or similar uses provided
said particulate matter shall not leave the property nor be transported
across the boundary property line of the tract on which the use is
located.
(4)
Alcohol: manufacturing and distribution (on- and/or off-premises
consumption).*
|
*Selling, storing, dispensing, or otherwise handling of alcoholic
beverages for on-premises consumption shall be incidental and secondary
to a use on the same premises (ex. hotel, restaurant, winery, etc.),
which shall be construed to mean that at least 40 percent of the gross
receipts of such business shall be from non-alcohol, food sales, or
off-premises consumption. Alcohol-related uses shall meet all requirements
for distance as specified in division 10 (use regulations).
|
(d)
Area requirements.
(2)
Yard requirements – main structure setbacks and lot coverage.
(A)
Minimum front yard (feet): 30
(B)
Minimum side yard (feet): 20 except adjoining residential where the
side yard shall be (feet) 50
(C)
Minimum side yard of corner lots (feet): 30
(D)
Minimum rear yard (feet): none except adjoining residential where
the rear yard shall be (feet) 50
(E)
Maximum lot coverage: 60%
(e)
Site design, building placement, orientation and process controls.
(1)
All buildings, principal and accessory, vertical surfaces, except
for windows, doors, and other normal opening, shall be 100% masonry
(brick, stone, stucco, concrete tilt wall or split faced concrete
block).
(2)
Accessory structures including trash enclosures, utility services,
telecommunication equipment, heating and cooling systems, assembly
yards, loading areas shall be screened around these systems. Materials
to screen around these systems shall match or compliment adjacent
principal building materials. Gates shall not allow for view of the
contents of building, structures and yards within enclosure.
(3)
All sides of the building shall be designed with consistent architectural
and facade elements. Building shall incorporate wall recessions or
projections at a minimum of five (5) fee[t] in depth. These projections
or recessions shall cover at least twenty-five (25) percent of the
total building facade along each side of the building.
(4)
All exterior metals and plastics (vents, flashings, and gutters)
shall be screened from view, painted or treated to blend in with the
adjacent surrounding materials.
(5)
No service canopies, drive-thru lanes, service doors for loading
or similar service facilities shall face the public street nor a residential
lot or residential zoning district.
(6)
All utility lines (power, phone, cable, etc.) shall be placed underground.
(7)
Sidewalks (eight (8) foot minimum width) shall be provided along
the lot lines adjoining a public streets. Interior walkways are required
and shall connect to existing surrounding and adjoining public sidewalks
as well as locations for future required public sidewalks.
(8)
Marked pedestrian crosswalks shall be provided at all public street
intersections adjoining the development.
(9)
No exterior display of products or goods produced at the site shall
be allowed.
(10)
Highly visible detention basins for storm drainage shall be contoured,
use curvilinear design forms and shall be aesthetically landscaped
and maintained.
(11)
All glass, plastic or other transparent materials shall be treated
to eliminate reflective glare.
(12)
Uses adjacent a residential use or residential zone shall provide
a masonry wall or dense landscaped screen along the lot line from
the front yard through the rear yard.
(13)
All exterior lighting, designed for security, illumination, parking
lot illumination or advertising shall be designed in such a manner
as to ensure that it does not extend into adjacent residentially zoned
property. Information shall be provided on a lighting plan, for approval,
which indicate the intensity of all exterior lighting fixtures and
the footcandle level beyond the property. Lighting fixtures shall
be designed to direct light down onto the site and away from neighboring
property. Lighting shall be designed to include cut-off shielding
to minimize light pollution onto adjoining property and not exceed
0.25 footcandle beyond the property line.
(14)
No use shall be located or operated which involves the emission of
odorous matter from the source of the operation where the odorous
matter exceeds the odor threshold at the boundary line or any point
beyond the tract on which the operation is located. A plan report
shall be provided to demonstrate that no odor shall leave the premises
incorporating standards, methods and procedures specified by the American
Society for Testing Materials (ASTMD 1391-57 entitled “Standard
Method for Measuring Odor in Atmospheres”).
(15)
No use shall be permitted that creates earth borne vibration beyond
the boundary property line of the source of operation.
(Ordinance 2018-03-02, sec. 9.1.6.3,
adopted 3/20/18; Ordinance
2022-03-02 adopted 3/1/22; Ordinance 2022-07-02 adopted 7/19/22)
(a)
Purpose.
The purpose of the PD district is to
accommodate special places, neighborhoods, communities, and centers
planned and designed as envisioned by the comprehensive plan that
require unique standards, not permitted by the straight zoning districts
in this article. PD districts offer flexibility in design and uses
in exchange for substantial added benefit to the city. PD districts
may also be requested to address challenges presented by specific
site or development conditions. Development can be a combination of
commercial, residential, institutional, parks, and/or recreation uses
that are planned, developed, and/or operated as a cohesive area, whether
by a single owner or a combination of owners.
(b)
Classification.
All new PD districts or amendments to existing PD districts shall be considered a rezoning request as outlined in section 9.03.034. Each PD district approved under the provisions of this section shall be considered an amendment to the zoning ordinance and zoning map and shall be applicable only to the property described in the PD district's legal description.
(c)
Base zoning.
PD districts shall have base zoning,
of one or more straight zoning district(s) of this article, that correspond
with the concept plan, development standards, and other potential
exhibits and studies.
(d)
Permitted uses.
The uses to be permitted in any PD district shall be consistent with the uses permitted in the base zoning district(s) as specified, unless otherwise enumerated in the PD district's development standards. Any proposed change(s) to the permitted uses within a PD district shall be considered a rezoning request as outlined in section 9.03.034 and processed as a PD district amendment.
(e)
Design.
PD districts shall provide design and
standards consistent with the following:
(1)
Where development is adjacent to or has floodplains and/or large
easements included, they shall be activated with a minimum eight-foot
wide trail, a minimum of one trailhead, and off-spots spaced at a
minimum of every quarter mile.
(A)
The trailhead(s) shall include, at minimum, associated signage,
three parking spots, a water fountain, a bench, shade, and a trash
receptacle;
(B)
The off-spot(s) shall include, at minimum, a bench, a water
fountain, shade, and a trash receptacle.
(C)
Trails shall be lighted to provide continuous visibility with
relevant shielded and downward-facing illumination.
(2)
Activated amenities.
PD districts shall include
activated open spaces or parks that provide a park or activated open
space within a quarter mile of each proposed dwelling unit. Golf courses,
parks, and public open space areas near the PD district can assist
in meeting the quarter mile walk shed requirement. Low-impact passive
uses shall be permitted to meet the quarter mile walk shed requirement
and include conservation of open land in its natural state (for example,
woodland, fallow field, or meadow), neighborhood squares, common areas,
picnic areas, community gardens, walking trails, bikeways, other kinds
of pathways, and similar low-impact passive recreational uses. Active
recreation uses shall also be permitted (and are encouraged) to meet
the requirement and include recreational playing fields, playgrounds,
pickleball courts, neighborhood pools, and clubhouse structures. Each
activated open space or park shall include, at minimum the following:
(A)
One shaded bench, water fountain, trash receptacle, and a path
that connects to a public sidewalk;
(B)
For developments 10 acres or larger, a minimum of one playground
to include play or recreation equipment shall be provided each half
mile.
(C)
Areas consistent with or similar to the following shall not
be utilized to meet the quarter mile walk shed requirement:
(D)
The maximum amount of activated amenity used to meet the quarter
mile walk shed requirement for stormwater detention or retention purposes
shall not exceed twenty-five [percent] (25%) of the activated amenity
area. If the activated amenity area contains a retention pond, the
pond shall include at least one (1) aeration device, such as a fountain,
waterfall or underwater device.
(E)
Activated amenity areas adjacent to street rights-of-way shall
be a minimum depth of twenty five (25) feet and shall be landscaped
to include the retention or planting of one (1) three inch (3") caliper
tree per each fifty (50) feet of street frontage, which may be clustered
or distributed within the activated amenity area.
(f)
Potential impacts.
(1)
The combination of proposed uses and design within each PD district
shall not result in:
(A)
A combination of use and design that could otherwise be achieved
with straight zoning (instead of a PD district);
(B)
Overconcentration of any one use type;
(C)
Adverse impacts on drainage, natural systems, water capacity
or quality, sanitation, sanitary sewer treatment or capacity, traffic,
safety, or connectivity;
(D)
Adverse impacts on public services, such as building inspections,
police, fire, EMS, etc.;
(E)
Adverse impacts on neighboring development and residents (if
applicable); or
(F)
Negative fiscal impacts to the city.
(g)
Special ordinance provisions.
Compliance with
standards and exhibits within each PD district is required. Special
ordinance provisions as outlined in each PD district shall not be
construed as conditions precedent to the approval of the associated
zoning amendment, but shall be construed as zoning standards required
upon and during development and operation/occupancy within the PD
district. No special ordinance provisions shall amend or modify any
requirements of the subdivision ordinance or its associated design
standards.
(h)
Minor modifications.
The city manager or their
designee may authorize minor modifications that:
(1)
Do not alter the compatibility or buffers of the proposed development
to adjacent properties or public frontages;
(2)
Do not alter the permitted uses;
(3)
Do not increase the maximum density or lot coverage;
(4)
Do not substantially alter access or circulation;
(5)
Do not decrease the amount of required off-street parking; and
(6)
Do not reduce the required minimum yards or setbacks.
(Ordinance 2018-03-02, sec. 9.1.6.4,
adopted 3/20/18; Ordinance 2022-12-03 adopted 12/6/2022; Ordinance 2023-03-04 adopted 3/7/2023)
