Purpose.

The purpose of the R-15 Single-Family District is to allow single-family detached dwellings on lots of not less than fifteen thousand (15,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units.

Application.

Lots in a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance which do not meet the minimum lot sizes and area requirements set forth in this section shall not be considered to be in violation of said requirements and, for purposes of this section, shall be deemed to conform to the requirements set forth in this section.

(c)

Uses generally.

In an R-15 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-15 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-15 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of fifteen thousand (15,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage.
(4)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be 2,500 square feet. Residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (including garage area).
(5)	Depth of front yard**	30 feet minimum
(6)	Depth of rear yard**	25 feet minimum (No rear yard shall face any street, provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)
(7)	Width of side yard**	A minimum of twelve and one-half (12.5) feet; provided, that the distance between buildings and structures on contiguous lots remains a minimum of 25 feet, the width of the side yard on one side may be reduced to not less than 7.5 feet.
(8)	Width of side yard adjacent to side street	**20 feet minimum
(9)	Width of lot	90 feet minimum (measured at front building line)
(10)	Width of lot adjacent to side street	110 feet minimum (measured at front building line)
(11)	Depth of lot	120 feet minimum (measured at front property lines)
(12)	Depth of lot, cul-de-sac, or corner lot	100 feet minimum

**All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever an R-15 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.

(h)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage and [which] shall have a minimum interior measurement of 21 feet by 22 feet.

(i)

Garages.

Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(j)

Off-street loading.

No off-street loading is required in the R-15 District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(k)

Masonry requirements.

All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal or similar characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XIV, adopted 12/1/98; Ordinance 2000-06, sec. XIV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.01)

§ 14.02.152 R-12 Single-Family District regulations.

(a)

Purpose.

The purpose of the R-12 Single-Family District is to allow single-family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units.

(b)

Application.

(c)

Uses generally.

In an R-12 Single-Family District no land shall be used and no building or structure shall be used for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-12 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-12 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage.
(4)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Golf Course Lots	All Other Lots
		One story residence	2,500	2,000
		One and one-half story or two story residence	2,500*	2,000*
		Residence on corner lot	2,500*	2,500*
		*Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet (including garage area).
(5)	Depth of front yard**	25 feet minimum
(6)	Depth of rear yard**	25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)
(7)	Width of side yard**	A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet.
(8)	Width of side yard adjacent to side street**	20 feet minimum
(9)	Width of lot	90 feet minimum (measured at front building line)
(10)	Width of lot adjacent to side street	110 feet minimum (measured at front building line)
(11)	Depth of lot	110 feet minimum (measured from front property line)
(12)	Depth of lot, cul-de-sac or corner lot	100 feet minimum

**All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever an R-12 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.

(h)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(i)

Garages.

Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(j)

Off-street loading.

No off-street loading is required in the R-12 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(k)

Masonry requirements.

(Ordinance 98-29, sec. XV, adopted 12/1/98; Ordinance 2000-06, sec. XV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.02)

§ 14.02.153 R-11 Single-Family District regulations.

(a)

Purpose.

The purpose of the R-11 Single-Family District is to allow single-family detached dwellings on lots of not less than eleven thousand (11,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units.

(b)

Application.

(c)

Uses generally.

In an R-11 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-11 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-11 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of twelve thousand (12,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage.
(4)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Golf Course Lots	All Other Lots
		One story residence	2,500	2,000
		One and one-half story or two story residence	2,500*	2,000*
		Residence on corner lot	2,500*	2,500*
		*Those residences with more than one (1) story shall have a minimum first floor area of 1,100 square feet.
(5)	Depth of front yard**	25 feet minimum
(6)	Depth of rear yard**	25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)
(7)	Width of side yard**	A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet.
(8)	Width of side yard adjacent [to side street]	20 feet minimum
(9)	Width of lot	90 feet minimum (measured at front building line)
(10)	Width of lot adjacent to side street	110 feet minimum (measured at front building line)
(11)	Depth of lot	110 feet minimum (measured from front property line)
(12)	Depth of lot, cul-de-sac or corner lot	100 feet minimum

**All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

(h)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(i)

Garages.

Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(j)

Off-street loading.

No off-street loading is required in the R-11 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(k)

Masonry requirements.

(Ordinance 98-29, sec. XVI, adopted 12/1/98; Ordinance 2000-06, sec. XVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.03)

§ 14.02.154 R-10 Single-Family District regulations.

(a)

Purpose.

The purpose of the R-10 Single-Family District is to allow single-family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units.

(b)

Application.

(c)

Uses generally.

In an R-10 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, relating to permitted principal uses and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-10 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-10 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of ten thousand (10,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage.
(4)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Golf Course Lots	All Other Lots
		One story residence	2,250	2,000
		One and one-half story or two story residence	2,250*	2,000*
		Residence on corner lot	2,250*	2,250*
		*Those residences with more than one (1) story shall have a minimum first floor area of 1,800 square feet (including garage area).
(5)	Depth of front yard**	25 feet minimum
(6)	Depth of rear yard**	25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)
(7)	Width of side yard**	A minimum of ten (10) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet.
(8)	Width of side yard adjacent to side street**	15 feet minimum
(9)	Width of lot	80 feet minimum (measured at front building line)
(10)	Width of lot adjacent to side street	95 feet minimum (measured at front building line)
(11)	Depth of lot	100 feet minimum (measured from front property line)
(12)	Depth of lot, cul-de-sac or corner lot	100 feet minimum

**All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever an R-10 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty-five (25) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.

(h)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(i)

Garages.

Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(j)

Off-street loading.

No off-street loading is required in the R-10 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(k)

Masonry requirements.

(Ordinance 98-29, sec. XVII, adopted 12/1/98; Ordinance 2000-06, sec. XVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.04)

§ 14.02.155 R-9 Single-Family District regulations.

(a)

Purpose.

The purpose of the R-9 Single-Family District is to allow single-family detached dwellings on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units.

(b)

Application.

(c)

Uses generally.

In an R-9 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-9 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-9 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of nine thousand (9,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage.
(4)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Golf Course Lots	All Other Lots
		One story residence	2,000	1,800
		One and one-half story or two story residence	2,000*	1,800*
		Residence on corner lot	2,000*	2,000*
		*Those residences with more than one (1) story shall have a minimum first floor area of 1,200 square feet. (including garage area).
(5)	Depth of front yard**	25 feet minimum
(6)	Depth of rear yard**	25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)
(7)	Width of side yard**	A minimum of seven and one-half (7.5) feet; provided that the distance between buildings and structures on contiguous lots remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet.
(8)	Width of side yard adjacent to side street**	15 feet minimum
(9)	Width of lot	85 feet minimum (measured at front building line)
(10)	Width of lot adjacent to side street	70 feet minimum (measured at front building line)
(11)	Depth of lot	110 feet minimum (measured from front property line)
(12)	Depth of lot, cul-de-sac or corner lot	90 feet minimum

**All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever an R-9 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.

(h)

Garages.

Attached garages shall not face any public dedicated right-of-way or golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(j)

Off-street loading.

No off-street loading is required in the R-9 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(k)

Masonry requirements.

(Ordinance 98-29, sec. XVIII, adopted 12/1/98; Ordinance 2000-06, sec. XVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.05)

§ 14.02.156 R-8 Single-Family District regulations.

(a)

Purpose.

The purpose of the R-8 Single-Family District is to allow single-family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote low population densities within integral neighborhood units.

(b)

Application.

(c)

Uses generally.

In the R-8 Single-Family District no land shall be used and no building or structure shall be installed, erected for or converted to any other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-8 Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-8 Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan for all nonresidential uses has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed forty feet (40') or two and one-half (2-1/2) stories in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed thirty-five (35) percent of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage.
(4)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Golf Course Lots	All Other Lots
		One story residence	2,000	1,650
		One and one-half story or two story residence	2,000*	1,800*
		Residence on corner lot	2,000*	2,000*
		*Those residences with more than one (1) story shall have a minimum first floor area of 1,100 square feet (including garage area).
(5)	Depth of front yard**	25 feet minimum
(6)	Depth of rear yard**	20 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)
(7)	Width of side yard**	A minimum of five (5) feet each side
(8)	Width of side yard adjacent to side street**	15 feet minimum
(9)	Width of lot	60 feet minimum (measured at front building line)
(10)	Width of lot adjacent to side street	75 feet minimum (measured at front building line)
(11)	Depth of lot	100 feet minimum (measured from front property line)
(12)	Depth of lot, cul-de-sac or corner lot	85 feet minimum

**All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever an R-8 Single-Family development is located adjacent to an existing HUD-code manufactured home and industrialized housing district, multifamily development or a nonresidential district, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of twenty (20) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.

(h)

Garages.

Attached garages are not permitted to face any public dedicated street for all lots which are nine thousand (9,000) square feet or greater. In addition, no more than two contiguous lots may have front entry attached garages. Attached garages are not permitted to face any side street. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(j)

Off-street loading.

No off-street loading is required in the R-8 Single-Family District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(k)

Masonry requirements.

(Ordinance 98-29, sec. XIX, adopted 12/1/98; Ordinance 2000-06, sec. XIX, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.06)

§ 14.02.157 R-FV Single-Family District regulations.

(a)

Purpose.

The purpose of the R-Fairway Village Single-Family District is to allow single-family detached dwellings on lots of not less than three thousand (3,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units.

(b)

Application.

Lots within this district are located in Fairway Village (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section, shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section.

(c)

Uses generally.

In an R-Fairway Village Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-Fairway Village Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-Fairway Village Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless a plat has been recorded in the official records of the county in which the property is located. A site plan for all nonresidential uses must be provided meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of three thousand (3,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Minimum Exterior Area (in square feet)
		One story residence	1,200
		One and one-half story, two story, two and one-half story residences	1,500*
		*Those residences with one and one-half stories or greater shall have a minimum first floor area of 1,000 square feet.
(4)	Depth of front yard	10 feet minimum (Lots 10, 12, through 17) 15 feet minimum (Lots 1 through 9, 11)
(5)	Depth of rear yard	10 feet minimum
(6)	Width of lot	40 feet minimum (measured at front building line)
(7)	Depth of lot	70 feet minimum (measured at the midpoint of the frontage)

*Those residences with one and one-half stories or greater shall have a minimum first floor area of 1000 square feet.

(g)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(h)

Garages.

Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street loading.

No off-street loading is required in the R-Fairway Village District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(j)

Masonry requirement.

All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XX, adopted 12/1/98; Ordinance 2000-06, sec. XX, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.07)

§ 14.02.158 R-TT Twenty in Trophy Single-Family District regulations.

(a)

Purpose.

The purpose of the R-Twenty in Trophy Single-Family District is to allow single-family detached dwellings on lots of not less than eight thousand (8,000) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units.

(b)

Application.

Lots within this district are located in Twenty in Trophy (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section.

(c)

Uses generally.

In the R-Twenty in Trophy Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-Twenty in Trophy Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-Twenty in Trophy Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, of this article, no building shall have more than two and one-half (2-1/2) stories, nor exceed 40' feet in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of eight thousand (8,000) square feet.
(2)	Minimum open space	All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
		Type of Structure	Minimum Exterior Area (in square feet)
		One story, [one] and one-half story, two story, two and one-half story residences	1,800*
		*Those residences shall have a minimum first floor area of 1,000 square feet.
(4)	Depth of front yard**	15 feet minimum
(5)	Depth of rear yard**	15 feet minimum
(6)	Width of side yard on [sic]	6 feet minimum one side only
(7)	Width of side yard adjacent to side street	10 feet minimum
(8)	Width of lot	45 feet minimum (measured at front building line)
(9)	Depth of lot	95 feet minimum (measured at the midpoint of the frontage)

[**All required yards shall comply with section 14.02.255, Required Yards.]

(g)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(h)

Garages.

Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street loading.

No off-street loading is required in the R-TT Twenty in Trophy District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(j)

Masonry requirement.

All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XXI, adopted 12/1/98; Ordinance 2000-06, sec. XXI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.08)

§ 14.02.159 R-OH Oak Hill Single-Family District regulations.

(a)

Purpose.

The purpose of the R-OH Oak Hill Single-Family District is to allow single-family detached dwellings on lots of not less than eight thousand eight hundred (8,800) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units.

(b)

Application.

Lots within this district are located in Oak Hill (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section.

(c)

Uses generally.

In the R-Oak Hill Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-Oak Hill Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-OH Oak Hill Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall be more than two and one-half (2-1/2) stories, nor exceed 40' feet in height as shown below:

	Golf Course Lots*	Lakefront Lots*	Town and Country View Lots*	Town and Country Lots*
Maximum height	30 ft.	30 ft.	30 ft.	35 ft.
Maximum stories	1-1/2	1-1/2	1-1/2	2-1/2

*Golf course lots shall refer to Lots 21 through 39 and Lots 67 through 72 of Replat of Trophy Club Oak Hill; lakefront lots shall refer to Lots 40 through 43 of Replat of Trophy Club Oak Hill; town and country view lots shall refer to Lots 44 through 60 and Lot 66 of Replat of Trophy Club Oak Hill; and, town and county lots shall refer to Lots 61 through 65 of Replat of Trophy Club Oak Hill.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of eight thousand eight hundred (8,800) square feet.
(2)	Minimum open space	All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
Description of Structure		Golf Course Lots	Lakefront Lots	Town and Country View Lots	Town and Country Lots
1 story		2,500	2,500	2,500	2,000
1-1/2 story		2,500	2,500	2,500	2,500
2 story		Prohibited	Prohibited	Prohibited	2,500
2-1/2 story		Prohibited	Prohibited	Prohibited	2,500
		Golf Course Lots*	Lakefront Lots*	Town and Country View Lots	Town and Country Lots
(4)	Depth of front yard, ft.	25 (1)	20	25 (2)	20 (3)
(5)	Depth of rear yard, ft.	20	20 (4)	20	20
(6)	Width of side yard on each side, ft.	5 (5)	5 (5)	5	5
(7)	Width of side yard adjacent to street, ft.	20 (6)	20	15	–
		(1)	Front yard setback line shall be twenty (20) feet for Lots 22 through 25, Lots 26 and 27, and Lots 67 through 72.
		(2)	Front yard setback line shall be thirty (30) feet on Lot 46; fifteen (15) feet for Lots 59, 60, and 66.
		(3)	Front yard setback line shall be twenty-five (25) feet on Lot 61 and fifteen (15) feet on Lots 64 and 65.
		(4)	Rear yard setback shall be forty-five (45) feet on Lot 40.
		(5)	The northwest side lot line of Lot 24, southwest side lot line of Lot 43, and northeast side lot line of Lot 72 shall have a side yard setback of fifteen (15) feet; the southwest side lot line of Lot 27 and the northwest side lot line of Lot 36 shall have a side yard setback of twenty (20) feet; and the north side lot line of Lot 42 shall have a side yard setback of ten (10) feet.
		(6)	A side street setback line of fifteen (15) feet shall be located on Lot 25.
(8)	Width of lot	75 feet minimum (measured at front building line)
(9)	Depth of lot	110 feet minimum (measured at the midpoint of the frontage)

(g)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(h)

Garages.

Attached garages shall not face any public right-of-way or a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street loading.

No off-street loading is required in the R-OH Oak Hill District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(j)

Masonry requirement.

All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XXII, adopted 12/1/98; Ordinance 2000-06, sec. XXII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.09)

§ 14.02.160 R-OHP Oak Hill Patio Single-Family District regulations.

(a)

Purpose.

The purpose of the R-Oak Hill Patio Single-Family District is to allow single-family detached dwellings on lots of not less than five thousand five hundred (5,500) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units.

(b)

Application.

Lots within this district are located in the Oak Hill Patio (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section.

(c)

Uses generally.

In the R-OHP Oak Hill Patio Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-OHP Oak Hill Patio Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-OHP Oak Hill Patio Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall be more than two (2) stories, nor exceed 28 feet in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of five thousand five hundred (5,500) square feet.
(2)	Minimum open space	All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
	Type of Structure	Minimum Exterior Area (in square feet)	Patio Lots
	One [story]	1,500	1,200
	One and one-half story, two [story], two and one-half story residence	1,800 ⁽³⁾	1,500 (2)
(1)	Golf course patio lots shall refer to Lots 9 through 17 of Replat of Trophy Club Oak Hill; and, patio lots shall refer to Lots 1 through 8 and 18 through 20 of Replat of Trophy Club Oak Hill.
(2)	Those residences with more than one (1) story shall have a minimum first floor area of 1,000 square feet.
(3)	These residences with more than one (1) story shall have a minimum first floor area of 1,200 square feet.
		Golf Course Patio Lots (1)	Patio Lots
(4)	Depth of front yard	20 (2)	15 (2) ft. min.
(5)	Depth of rear yard	20 ft. min.	20 ft. min.
(6)	Width of side yard on one side	8 ⁽³⁾ ft. min.	5 (3) ft. min.
(7)	Width of side yard adjacent to street	10 ft. min.	10 ft. min.
(1)	Zero (0) building lines shall be referred to and located as the northwest side lot lines of Lots 1 through 8; the northeast side lot lines of Lots 9, 19, and 20; and the northwest side lot line of Lots 12 through 17.
(2)	Front yard setback line shall be ten (10) feet for Lots 10, 15, 16, and 17; and shall be fifteen (15) feet for Lots 18 through 20.
(3)	Front yard setback shall be eight (8) feet for Lots 18 and 19; fifteen (15) feet on Lot 9; and, ten (10) feet on the northeast lot line of Lot 10.
(8)	Width of lot	45 feet minimum (measured at front building line)
(9)	Depth of lot	100 feet minimum (measured at the midpoint of the frontage)

(g)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(h)

Garages.

Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street loading.

No off-street loading is required in the R-Oak Hill Patio District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(j)

Masonry requirement.

All principal and accessory buildings and structures shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XXIII, adopted 12/1/98; Ordinance 2000-06, sec. XXIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.10)

§ 14.02.161 R-S Summit Single-Family District regulations.

(a)

Purpose.

The purpose of the R-Summit Single-Family District is to allow single-family detached dwellings on lots of not less than five thousand seven hundred fifty (5,750) square feet, together with the allowed incidental and accessory uses, in order to promote medium population densities within integral neighborhood units.

(b)

Application.

Lots within this district are located in the Summit (a subdivision legally approved and properly recorded in the Denton County plat record prior to the effective date of this ordinance). Those lots which do not meet the minimum lot size requirements set forth in this section shall not be considered to be in violation of said lot size requirements and, for purposes of this section, shall be deemed to conform to the minimum lot size required in this section.

(c)

Uses generally.

In the R-Summit Single-Family District no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the R-Summit Single-Family District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the R-Summit Single-Family District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Plan requirements.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall be more than two and one-half stories (2-1/2), nor exceed 40' feet in height.

(f)

Area regulations.

The following minimum standards shall be required measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for any permitted use shall have a minimum area of (5,750) square feet.
(2)	Minimum open space	All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance, and other applicable ordinances of the town.
(3)	Minimum floor area	The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following:
	Type of Structure	Minimum Exterior Area (in square feet)
	One, one and one-half story, two and one-half story	1,500*
	*Those residences with one and one-half stories or greater shall have a minimum first floor area of 1,000 square feet.
(4)	Depth of front yard	5 ⁽¹⁾ feet minimum (Lots 10, 12, through 17)
(5)	Depth of rear yard	15 ⁽²⁾ feet minimum
(6)	Width of side yard	15 ⁽³⁾ feet minimum on one side
(7)	Width of side [yard adjacent to street]	15 ⁽⁴⁾ feet minimum
(1)	The front yard setback line for Lot 6 shall be ten (10) feet.
(2)	The rear yard setback for Lots 7 through 15 and the southernmost lot line of Lot 6 shall be twenty (20) feet; and the rear yard setback for Lots 1 through 5 and the westernmost lot line of Lot 6 shall be thirty (30) feet.
(3)	The side yard line of each lot which has no building setback line adjacent and parallel to it as shown on the subdivision plat, shall be known as the “zero lot line.” Side yard for Lots 14 and 15 shall be 20 ft.; the joint side yard for Lots 6 and 7 shall be 7.5 ft.; and the joint side yard line for Lots 9 and 10 and 11 and 12 shall be 5 ft.
(4)	Side yards adjacent to streets shall be 20 ft. on Lots 14 and 15; shall be 10 ft. for Lot 7.
(8)	Width of lot	45 feet minimum (measured at front building line)
(9)	Depth of lot	105 feet minimum (measured midpoint of the frontage)

(g)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage which shall have a minimum interior measurement of 21 feet by 22 feet.

(h)

Garages.

Attached and detached garages shall not face a golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(i)

Off-street loading.

No off-street loading is required in the R-S Summit District for residential uses. Off-street loading for conditional uses may be required as determined by the planning and zoning commission and town council.

(j)

Masonry requirement.

All principal and accessory buildings and structures located in each of the zoning districts herein shall be of exterior fire resistant construction having at least eighty (80) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XXIV, adopted 12/1/98; Ordinance 2000-06, sec. XXIV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.11)

§ 14.02.162 MH HUD-Code Manufactured Home and Industrialized Housing District regulations.

(a)

Purpose.

(1)

The purpose of this district is to provide adequate space and restrictions for the placement of HUD-code manufactured homes and industrialized housing in the town within designated subdivisions. (This does not include mobile homes as defined in this ordinance.) The “MH” District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “MH” District. No HUD-code manufactured home or industrialized housing shall be allowed on any parcel or lot except on parcels or lots within the “MH” District.

(2)

It is the intent of the “MH” HUD-Code Manufactured Home or Industrialized Housing District to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.

(b)

HUD-code manufactured home/industrialized housing subdivision.

Land within the “MH” district will be developed as a HUD-code manufactured home or industrialized housing subdivision. Lots within the MH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the planning and zoning commission. All roadways within a HUD-code manufactured home or industrialized housing subdivision shall be dedicated to the public. Private interior drives must be approved by the town. Land zoned “MH” which is not developed as a HUD-code manufactured home or industrialized housing subdivision may be developed as R-11, R-12, and R-15, so long as it is developed in accordance with the regulations of said district. In such case, manufactured homes or industrialized housing will not be permitted.

(c)

Uses generally.

In the “MH” HUD-Code Manufactured Home or Industrialized Housing District no land shall be used and no building shall be installed, erected or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the “MH” HUD-code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the “MH” HUD-Code Manufactured Home and Industrialized Housing District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

(A)

Garage sales are prohibited.

(B)

Any use not expressly permitted or allowed by permit herein is prohibited.

(d)

Site plan requirements.

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. No application for a building permit for the construction of a building or structure shall be approved unless a site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(e)

Density regulations.

A maximum density within the MH District shall not exceed one (1) dwelling per lot and shall not exceed five (5) units per acre.

(f)

Height regulations.

No building constructed in a HUD-Code Manufactured Home or Industrial Housing District shall exceed twenty-five (25) feet, or one (1) story in height.

(g)

Area regulations.

The following minimum standards shall be required, measured from property lines:

	Area Description	Area Regulations
(1)	Lot size	Lots for permitted uses shall have a minimum area of seven thousand five hundred (7,500) square feet of area.
(2)	Minimum open space	60 feet minimum (measured at front building line) [sic]
(3)	Minimum floor area	60 feet minimum (measured at front building line) [sic]
(4)	Depth of lot	100 [feet] minimum (measured at midpoint of the frontage)
(5)	Depth of front yard**	25 feet minimum
(6)	Depth of side yard**	Not less than fifteen (15) feet to any one side and no building shall be closer than fifteen (15) feet to any adjacent dwelling.
(7)	Depth of rear yard**	25 feet minimum (No rear yard shall face any street; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the town.)

[**All required yards shall comply with section 14.02.255, Required Yards.]

(h)

Landscaping requirements.

Landscaping shall be required in accordance with section 14.02.352, Landscape Regulations.

(i)

Underground utilities.

All utility lateral and service lines located within the MH District shall be installed underground in accordance with the requirements as provided in the subdivision regulations as adopted by the town.

(j)

Open space area.

Open space designated for the use and enjoyment of all residents, shall be provided within a HUD-code manufactured home or industrialized housing subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.

(k)

Development and installation standards.

(1)

HUD-code manufactured homes and industrialized homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer’s specifications.

(2)

HUD-code manufactured homes must have a minimum of an eighteen-inch crawl space left under all homes.

(3)

A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited.

(4)

It is recommended that each HUD-code manufactured home site have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance, installed adjacent to each site.

(5)

HUD-code manufactured homes shall have permanent steps installed at all exits.

(6)

Skirting shall be securely attached on all sides between the HUD-code manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, or lattice type skirting is prohibited.

(7)

Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each HUD-code manufactured home shall have affixed a seal of the appropriate federal or state department.

(8)

Sanitation, fire protection and underground utility services shall be provided to each lot in accordance with the town and municipal utility district ordinances and regulations.

(9)

Ingress and egress to the property shall be provided in accordance with the requirements of the town ordinance standards and regulations.

(10)

Drainage and garbage collection right-of-way, fire lanes and utility easements shall be provided as required by the town. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service.

(11)

Soil conditions, groundwater level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.

(12)

HUD-code manufactured home or industrialized housing subdivisions shall be developed at densities reasonably comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to approval of the town.

(13)

Any structural alteration or modification of a HUD-code manufactured home or industrialized home after it is placed on the site must be approved by the building official of the town. All structural additions shall comply with the town’s building codes and ordinances.

(14)

Site-built additions. The addition of peaked roof facades, atrium entrances, garages, porches and patios are encouraged in order to increase the compatibility with conventional single-family housing design in the town.

(15)

A carport or garage shall be constructed on-site. Said garage or carport shall be of masonry construction and shall have roofing material similar to that permitted in the R-12 District. The rear of the carport and one side perpendicular to the rear shall be enclosed. Sides located adjacent to streets shall be enclosed.

(l)

Interior drives.

(1)

The use of private interior drives must be approved by the town. Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of twenty-eight (28) feet.

(2)

Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the town subdivision regulations and design standards.

(m)

Paving.

(1)

All private interior drives, entrances, and service drives shall be constructed in accordance with town design standards and shall have a six (6) inch raised curb and gutter of concrete meeting the street standards of the town. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures which may be needed.

(2)

All parking areas and public streets shall be of concrete construction, as approved by the town engineer.

(n)

Off-street parking.

Provisions for the parking of automobiles on paved surfaces shall be allowed as an accessory use provided that such shall not be located on a required front yard, with the exception being that a circular drive may be located in the front yard. Parking within a circular drive shall be temporary and may not include permanent parking of recreational vehicles, other vehicles, or vehicles in a state of major disrepair. Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. Every residence shall have a garage or carport which shall have a minimum interior measurement of 21 feet by 22 feet.

(o)

Garages.

Attached garages shall not face any public dedicated right-of-way or the golf course. Detached garages shall comply with section 14.02.253, Accessory Structures and Uses.

(p)

Screening.

A solid, opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-code manufactured home and industrialized housing subdivision which do not abut a dedicated street, as indicated on the site plan. Said screening wall or fence shall be of a decorative masonry construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the town. However any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.

(q)

Preservation of site assets.

When developing a HUD-code manufactured home or industrialized housing subdivision, the following steps shall be taken to preserve on-site assets.

(1)

Suitable available topsoil and desirable existing trees, shrubs, and ground cover shall be preserved and protected where practicable in accordance with the town’s tree preservation standards.

(2)

Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be re-graded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction.

(r)

Water and sewer.

Each HUD-code manufactured home or industrialized home space or lot shall be served by water and sanitary sewer. Engineering plans for water and sanitary sewer shall be submitted for review by the town, at the time of site plan approval.

(s)

Drainage.

Engineering plans for drainage shall be submitted for review by the town at the time of site plan approval. All applicable requirements of the town shall be complied with.

(t)

HUD-code manufactured home or industrialized housing sales.

HUD-code manufactured home or industrialized housing subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.

(Ordinance 98-29, sec. XXV, adopted 12/1/98; Ordinance 2000-06, sec. XXV, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.12)

§ 14.02.163 PD Planned Development District regulations.

(a)

Purpose.

In certain instances, the purposes of the zoning ordinances may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by this ordinance or the subdivision regulations. A planned development (PD) is on tracts of land of not to exceed 250 acres and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of the district is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the town which promote the health, safety, morals and general welfare of the community. The town council is empowered to grant permits for planned developments only after review and recommendation by the planning and zoning commission under the procedure established herein.

(b)

Planned development uses.

In a PD Planned Development District, no land shall be used and no building shall be installed, erected for, or converted to any use other than as hereinafter provided.

(1)

Residential planned developments.

Shall be considered appropriate where the following conditions prevail:

(A)

The project utilizes innovative land development concepts and is consistent with the comprehensive land use plan and the goals and objectives of the town;

(B)

Dwelling units are situated such that an appreciable amount of land for open space is available and is integrated throughout the planned development;

(C)

The project utilizes an innovative approach in lot configuration and mixture of single-family housing types;

(D)

Higher densities than conventional single-family projects of the same acreage are achievable with appropriate buffering between existing conventional single-family developments and increased open space;

(E)

The site exhibits environmentally natural features which should be considered for preservation and/or enhancement;

(F)

Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional single-family projects; and

(G)

The project provides a compatible transition between adjacent existing conventional single-family residential projects and provides a compatible transition for the extension of future conventional single-family projects into adjacent undeveloped areas.

(2)

Nonresidential planned developments.

Shall be considered appropriate where the following conditions prevail:

(A)

The project utilizes innovative land development concepts and is consistent with the comprehensive land use plan and the goals and objectives of the town.

(B)

Nonresidential uses are situated such that an appreciable amount of land is available for open space or joint use as parking space and is integrated throughout the planned development.

(C)

The site exhibits environmentally natural features which should be considered for preservation and/or enhancement.

(D)

Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional nonresidential projects.

(E)

The project provides a compatible transition between adjacent existing single-family residential projects and provides a compatible transition for the extension of future single-family projects into adjacent undeveloped areas.

(3)

Accessory uses.

Accessory uses shall be permitted in a PD in accordance with the regulations provided in section 14.02.253, Accessory Structures. Any accessory use permitted within the residential districts of the town shall be permitted as accessory uses to a principal use provided that no accessory use shall be a source of income to the owner or occupant of the principal use.

(4)

Conditional uses.

Any conditional uses as defined in section 14.02.301, Conditional Permit, shall be permitted in the PD, Planned Development District.

(5)

Prohibited uses.

(A)

Any building erected or land used for other than the use shown on the planned development site plan, as approved by the town council.

(B)

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width, or exceeds the maximum height, building coverage or density per gross acreage as shown in the development’s recorded planned development site plan, as approved by town council.

(C)

Any use deemed by the town council as being detrimental to the health, safety, or general welfare of the citizens of the town.

(c)

Density, area and height regulations.

The following density, area and height regulations shall apply:

(1)

Density, area and height regulations for each use shall meet or exceed the maximum and minimum standards applicable to such uses as if those uses were situated in the least restrictive district in which such uses are permitted or as listed in this section, or demonstrate that the intent of the standards has been met in accordance with good planning practices.

(2)

Modification of the density, area and height regulations contained in this ordinance may be allowed by the planning and zoning commission and the town council when all of the following circumstances are met:

(A)

The proposed modifications substantially meet the intent of this ordinance, the subdivision regulations and the comprehensive plan.

(B)

The proposed modification provides for better project design.

(C)

The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

(D)

The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities as determined by the town engineer/planner.

(E)

Financial reasons shall not be the sole reason for modification of standards.

(3)

(A)

In approving the planned development ordinance and planned development site plan, the town council shall, after recommendation by the planning and zoning commission, specify such land uses, maximum height, area restrictions, density, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a planned development district. Such standards shall be specified in the ordinance establishing the district, and in the planned development site plan, which shall be made a part of the ordinance establishing the district.

(B)

Approval of the ordinance, resulting in a PD designation being given to the property, may not occur without the planned development site plan or specific regulations being provided at the time of initial approval. However, conditional to the development of PD zoned property is the requirement that the planned development site plan and specific density, area, and height regulations must be approved by the town council prior to issuance of a building permit by the town.

(d)

Ownership.

An application for approval of a planned development site plan under the planned development district regulations may be filed by a person having a legal interest in the property to be included in the planned development site plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in form satisfactory to the town attorney, prior to final approval of the planned development site plan, that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The planned development site plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application.

(e)

Development schedule.

(1)

An application for a planned development district shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the town council, shall become part of the planned development ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest.

(2)

Annually, upon the anniversary date, or more frequently if required, the developer shall provide a written report to the planning and zoning commission concerning the actual development accomplished as compared with the development schedule.

(3)

The planning and zoning commission may, if in its opinion the owner or owners of the property are failing or have failed to meet the approved development schedule, initiate proceedings to amend the official zoning map or the planned development district by removing all or part of the planned development district from the official zoning map and placing the area involved in another appropriate zoning district. After the recommendation of the planning and zoning commission and for good cause shown by the owner and developer, the town council may extend the development schedule as may be indicated by the facts and conditions of the case.

(f)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located.

(g)

Concept plan.

The applicant for any PD planned development shall submit a concept plan to the planning and zoning commission and the town council for approval prior to submitting a planned development site plan. The concept plan shall contain appropriate information to describe the general land use configuration, proposed densities or lot sizes, proposed amenities, and proposed area regulations.

(h)

Planned development site plan.

No applicant shall be granted development approval and no building permit shall be issued until a planned development site plan has been approved by the town council in accordance with this section. The following items shall be shown on the planned development site plan:

(1)

The location of all existing and planned non-single-family structures on the subject property.

(2)

Landscaping lighting and/or fencing and/or screening of common areas.

(3)

General locations of existing tree clusters, providing average size and number and indication of species.

(4)

Location and detail of perimeter fencing if applicable.

(5)

Design of ingress and egress with description of special paver treatment if proposed.

(6)

Off-street parking and loading facilities, and calculations showing how the quantities were obtained for all non-single-family purposes.

(7)

Height of all non-single-family structures.

(8)

Proposed uses.

(9)

The location and types of all signs, including lighting and heights, for parking lots and common areas.

(10)

Elevation drawings citing proposed exterior finish materials for all non-single-family structures.

(11)

Location and description of subdivision signage and landscaping at entrance areas.

(12)

Street names on proposed streets.

(13)

Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns.

(14)

Engineering drawings of all improvements to be dedicated to the town or MUD if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time.

(15)

Such additional terms and conditions, including design standards, as the planning and zoning commission and the town council deem necessary.

(Ordinance 98-29, sec. XXVI, adopted 12/1/98; Ordinance 2000-06, sec. XXVI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.13)

§ 14.02.164 NS Neighborhood Service District regulations.

(a)

Purpose.

The purpose of the NS Neighborhood Service District is to provide limited low impact service type facilities to residential areas. Services permitted in this district do not involve retail activity. The uses allowed in these districts should not have an adverse effect on adjacent residential areas, and may be located close to residential uses, with appropriate buffers and landscaping.

(b)

Uses generally.

In a NS Neighborhood Service District, no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the NS Neighborhood Service District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the NS Neighborhood Service District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

Any use not expressly permitted herein or allowed by permit is prohibited.

(c)

Plan requirements.

No application for a building permit for the construction, erection or placement of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(3)

A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved.

(d)

Density regulations.

None.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building or structure shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height.

(f)

Area regulations.

The following minimum standards shall be required, measured from property lines:

	Area Description	Area Regulations
(1)	Minimum open space	At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non-vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.)
(2)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area.
(3)	Maximum impervious area	The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area.
(4)	Depth of front yard	30 feet minimum
(5)	Depth of rear yard	30 feet minimum (No rear yard shall face any street.)
(6)	Width of side yard on each side	15 feet minimum

*All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever a NS Neighborhood Service development is located contiguous to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses.

(h)

Off-street parking.

Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town.

(i)

Off-street loading.

Off-street loading shall be provided as required by section 14.02.354, Off-Street Loading Requirements.

(j)

Landscaping requirements.

Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations.

(k)

Design requirements.

The following design requirements shall apply in the NS Neighborhood Service District:

(1)

No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view.

(2)

(3)

Lighting shall be designed to reflect away from any adjacent residential area.

(l)

Masonry requirement.

All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred (100) percent of the total exterior walls, excluding doors, windows and porches, constructed of brick, stone, or stucco. All exterior chimneys surfaces shall also be of brick, stone, or stucco. Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(Ordinance 98-29, sec. XXVII, adopted 12/1/98; Ordinance 2000-06, sec. XXVII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.14)

§ 14.02.165 CG Commercial General District regulations.

(a)

Purpose.

The purpose of the CG Commercial General District is to provide locations for local neighborhood shopping and personal service needs of the surrounding area, to accommodate general retail shopping and to accommodate low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community.

(b)

Uses generally.

In a CG Commercial General District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following. Hours of operation for the uses set forth in section 14.02.103, Use Tables, shall be no longer than from 6:00 a.m. to 11:00 p.m. Deliveries and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales.

(1)

Accessory uses.

Accessory uses shall be permitted within the CG Commercial District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the CG Commercial District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

Any use not expressly permitted or allowed by permit herein is prohibited.

(c)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(3)

A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved.

(d)

Density regulations.

None.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed 40' feet or two (2) stories in height. Any building or structure adjoining or contiguous to a residentially zoned district shall not exceed 28 feet or one (1) story in height.

(f)

Area regulations.

The following minimum standards shall be required, measured from property lines:

	Area Description	Area Regulations
(1)	Minimum open space	At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non-vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.)
(2)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage.)
(3)	Maximum impervious area	The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area.
(4)	Depth of front yard	30 feet minimum
(5)	Depth of rear yard	30 feet minimum (No rear yard shall face any street.)
(6)	Width of side yard on each side	15 feet minimum each side

*All required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever a CG Commercial General Development is located adjacent to an existing residential development or an area zoned for residential purposes, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses.

(h)

Off-street parking.

Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements, and all other applicable ordinances of the town. In addition, the following regulations shall apply:

(1)

Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces.

(2)

Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited, unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the town council after recommendation by the planning and zoning commission.

(3)

Total driveway entrances shall not exceed 3 entrances for any development.

(4)

Driveways shall have a minimum separation of 150 feet.

(5)

Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area.

(6)

There shall be a maximum of 12 consecutive spaces between islands with at least one 4" caliper tree in each island. Landscaping in the islands shall include a combination of ground cover, shrubs, and flowering plants in addition to the required tree.

(7)

A raised curb shall be required for all parking and driving surfaces.

(8)

Curb stops shall be required on all parking spaces that “head-in” to any landscaped area. These curb stops shall be placed such that the overhang of a vehicle is contained totally within the limits of the parking space.

(9)

A traffic circulation plan and impact analysis shall be prepared and provided with the site plan for all new development. The traffic impact analysis requirement may be excluded from the site plan if the town engineer determines that the analysis is not necessary for the development.

(10)

All entrance drives shall be accented with decorative street treatment, and shall be clearly detailed on the site plan.

(11)

Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town planning and zoning commission.

(12)

Crosswalks, when provided, shall be marked similar to decorative street pavement.

(i)

Off-street loading.

Off-street loading shall be provided as required by section 14.02.354, Off-Street Loading Requirements.

(j)

Landscaping requirements.

Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. In addition, the following regulations shall apply:

(1)

A front setback area shall be devoted to a landscape buffer. Only drive crossings that provide ingress and egress will be allowed.

(2)

The front landscape buffer shall contain trees of 4-inch caliper measured 12" from the ground and shall be 12 feet in height planted on 30-foot centers. In addition, shrubs, berms, decorative walls, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three feet in height shall screen the parking areas.

(k)

Design requirements.

The following design requirements shall apply in the CG District:

(1)

No outdoor storage, except for refuse disposal, shall be permitted. Refuse disposal areas shall be landscaped and screened from view with screening which is the same as the architectural style of the main structure.

(2)

Mechanical and electrical equipment, including air conditioning units, shall be designed, installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view with screening which is the same as the architectural style of the main structure. All ground-mounted equipment shall be screened from view with masonry construction similar to the primary structure. Line of sight drawings will be required to illustrate that adequate screening is provided.

(3)

The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet, measured from the adjacent ground, shall direct light toward the ground, and shall be shielded. Alternatives may be approved by the town council upon recommendation by the planning and zoning commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area.

(4)

On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built-up roof construction shall be permitted.

(5)

Design of structures greater than 5,000 square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roofline which may include a partial pitched roof for architectural relief.

(6)

Any canopy system must provide columns constructed of similar masonry material as the primary structure.

(7)

Uniform architectural treatment shall be provided to all sides of the structure.

(l)

Masonry requirement.

(1)

(2)

Painted tilt wall and painted concrete block shall not be permitted as finished masonry material.

(3)

Stucco shall be used only as an accent material subject to prior approval of P&Z.

(4)

All exterior chimneys surfaces shall also be of brick, stone, or stucco.

(5)

Other materials of equal characteristics, which are demonstrated to be critical to the architectural theme of the structure, may be allowed upon approval of the planning and zoning commission.

(6)

Masonry materials shall be of earth tones and shall be submitted to the planning and zoning commission for recommendation and to the town council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of the vibrants or fluorescents of the color spectrum.

(m)

Pedestrian circulation.

The following design requirements shall apply in the CG District:

(1)

Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development.

(2)

Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan.

(3)

The site plan shall indicate future access between properties.

(4)

The pedestrian connections shall access public open green space corridors, where appropriate.

(n)

Entry markers.

The following design requirements shall apply in the CG District:

(1)

Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the town.

(2)

Entry markers with double faces shall be located in medians in access drives.

(3)

In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance.

(o)

Service areas.

The following design requirements shall apply in the CG District:

(1)

All service areas, including, but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view.

(2)

The centralized trash collection point shall not be located in any street yard.

(A)

Street yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line.

(3)

All trash receptacles shall be screened with a masonry wall of material similar to the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced.

(4)

All trash receptacles shall be adequately sized to contain all trash at all times.

(p)

Signs.

The town sign ordinance shall govern regarding all signs located in the CG District.

(q)

Supplemental nonresidential requirements.

Additional requirements for nonresidential uses located within the CG district shall apply in accordance with section 14.02.352(h), Requirements for Nonresidential Districts and Uses.

(Ordinance 98-29, sec. XXVIII, adopted 12/1/98; Ordinance 2000-06, sec. XXVIII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.15)

§ 14.02.166 CR Commercial Recreation District regulations.

(a)

Purpose.

The purpose of the CR Commercial Recreation District is to accommodate and allow development of privately owned recreation areas and low intensity commercial uses that are directly related, designed and sited to be compatible with the recreational use.

(b)

Uses generally.

In a CR Commercial Recreation District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the CR Commercial Recreation District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the CR Commercial Recreation District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

Any use not expressly permitted or allowed by permit herein is prohibited.

(c)

Plan requirements.

(d)

Density requirements.

None.

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed 40' feet or two (2) stories in height.

(f)

Minimum open space.

All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance and other applicable ordinances of the town.

(g)

Buffered area regulations.

Whenever a CR Commercial Recreation development is located adjacent to a residentially zoned area, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty (40) feet from the adjoining property line. The setback area shall contain only landscape improvements, fencing, berms or trees to provide visual and acoustical privacy and to adequately buffer adjoining uses.

(h)

Site plan.

A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(i)

Landscaping requirements.

Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. In addition, the following regulations shall apply:

(1)

A front setback area shall be devoted to a landscaped buffer. Only drive crossing that provides ingress and egress will be allowed.

(2)

(j)

Design requirements.

The following design requirements shall apply:

(1)

(2)

(3)

The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the town council upon recommendation by the planning and zoning commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area.

(4)

On structures 5,000 square feet or less, pitched roof construction will be required. No flat or built-up roof construction shall be permitted.

(5)

(6)

Any canopy system must provide columns constructed of similar masonry material as the primary structure.

(7)

Uniform architectural treatment shall be provided to all sides of the structure.

(k)

Off-street parking.

Off-street parking shall be provided in accordance with the provisions of section 14.02.353, Off-Street Parking Requirements. In addition, the following regulations shall apply:

(1)

Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces.

(2)

Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the town council after recommendation by the planning and zoning commission.

(3)

Total driveway entrances shall not exceed 3 entrances for any development.

(4)

Driveways shall have a minimum separation of 150 feet.

(5)

Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area.

(6)

(7)

A raised curb shall be required for all parking and driving surfaces.

(8)

(9)

(10)

All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan.

(11)

Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town planning and zoning commission.

(12)

Crosswalks, when provided, shall be marked similar to decorative street pavement.

(l)

Off-street loading.

Off-street loading shall be provided in accordance with section 14.02.354, Off-Street Loading Requirements.

(m)

Masonry requirement.

(1)

All principal and accessory buildings and structures shall be of exterior fire resistant construction having one hundred percent (100%) of the total exterior walls, excluding doors, windows and porches, constructed of brick or stone including the area above the first floor ceiling plate line.

(2)

Painted tilt wall and painted concrete block shall not be permitted as finished masonry material.

(3)

Stucco shall be used only as an accent material subject to prior approval of P&Z.

(4)

All other chimneys surfaces shall also be of brick, stone, or stucco.

(5)

Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(6)

(7)

The town council upon either negative or positive recommendation from the planning and zoning commission shall have the power to modify masonry regulations where the literal enforcement of this ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice in accordance with the spirit of the ordinance.

(A)

For the purpose of this ordinance, the following are established as general conditions, all of which shall be met upon granting any waiver or modification to the masonry requirements as outlined in this section.

(i)

No diminution value of surrounding properties would be suffered; and

(ii)

Granting the permit would be of benefit to the public interest and surrounding properties; and

(iii)

A zoning restriction as applied to the owner’s property interferes with the reasonable use of the property, considering the unique setting of the property in its environment; and

(iv)

By granting the permit, substantial justice would be done; and

(v)

The use must not be contrary to the spirit of the ordinance.

(B)

The burden of demonstrating all general conditions have been met and that a modification is appropriate is upon the person requesting the modification. The town council and planning and zoning commission may require a person requesting a modification to provide proof as each body determines necessary and appropriate for the planning and zoning commission and the town council to evaluate the application for modification.

(n)

Pedestrian circulation.

The following design requirements shall apply in the CR District:

(1)

Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development.

(2)

Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan.

(3)

The site plan shall indicate future access between properties.

(4)

The pedestrian connections shall access public open green space corridors, where appropriate.

(o)

Entry markers.

The following design requirements shall apply in the CR District:

(1)

Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the town.

(2)

Entry markers with double faces shall be located in medians in access drives.

(3)

In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance.

(p)

Service areas.

The following design requirements shall apply in the CR District:

(1)

All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view.

(2)

The centralized trash collection point shall not be located in any street yard.

(A)

Street yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side, or rear lot line.

(3)

All trash receptacles shall be screened with a masonry wall of material, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced.

(4)

All trash receptacles shall be adequately sized to contain all trash at all times.

(q)

Signs.

The town sign ordinance shall govern regarding all signs located in the CR District.

(r)

Supplemental nonresidential requirements.

Additional requirements for nonresidential uses located within the CR District shall apply in accordance with section 14.02.352(h), Requirements for Nonresidential Districts and Uses.

(Ordinance 98-29, sec. XXIX, adopted 12/1/98; Ordinance 2000-06, sec. XXIX, adopted 3/21/00; Ordinance 2006-32, sec. II, adopted 9/11/06; 2006 Code, ch. 13, sec. 4.16; Ordinance adopting Code)

§ 14.02.167 PO Professional Office District regulations.

(a)

Purpose.

The purpose of the PO Professional Office District is to create a restrictive district for attractive, low to moderate intensity office and professional uses. The uses allowed in these districts should not have an adverse effect on adjacent residential areas, and may be located close to residential uses, with appropriate buffers and landscaping.

(b)

Uses generally.

In a PO Professional Office District, no land shall be used and no building or structure shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following. Delivery and service calls are allowed only between 8:00 a.m. and 5:00 p.m. No outside sales of any kind shall be conducted, including but not limited to truck lot, pedestrian walkway, tent or other sales.

(1)

Accessory uses.

Accessory uses shall be permitted within the PO Professional Office District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the PO Professional Office District in accordance with the regulations provided in section 14.02.301, Conditional Permit.

(3)

Limitation of uses.

Any use not expressly permitted or allowed by permit herein is prohibited.

(c)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

Site plan. A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements.

(3)

A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved.

(d)

Density regulations.

None.

(e)

Height regulations.

(f)

Area regulations.

The following minimum standards shall be required, measured from property lines:

	Area Description	Area Regulations
(1)	Minimum open space	At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non-vehicular open space is any area not devoted to buildings, parking, load, storage, or vehicular use.)
(2)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area. (For the purpose of this section only, parking lots are not included as part of the percentage coverage.)
(3)	Maximum impervious area	The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area.
(4)	Depth of front yard	30 feet minimum
(5)	Depth of rear yard	30 feet minimum (No rear yard shall face any street.)
(6)	Width of side yard on each side	15 feet minimum

*All required yards shall comply with section 14.02.255, Required Yards.

(g)

Off-street parking.

(1)

Parking lots shall be designed with compartmentalized parking lots for all areas of over 50 spaces.

(2)

Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the town council after recommendation by the planning and zoning commission.

(3)

Total driveway entrances shall not exceed 3 entrances for any development.

(4)

Driveways shall have a minimum separation of 150 feet.

(5)

Parking spaces shall not be permitted within the building line setback areas. Drive lanes shall only be permitted in building line setback area when crossing setback area.

(6)

(7)

A raised curb shall be required for all parking and driving surfaces.

(8)

(9)

(10)

All entrance drives shall be accented with decorative street treatment and shall be clearly detailed on the site plan.

(11)

Paved parking areas shall have at least 10% of the paved surface area dedicated to decorative street treatment as approved by the town planning and zoning commission.

(12)

Crosswalks, when provided, shall be marked similar to decorative street pavement.

(h)

Off-street loading.

Off-street loading shall be provided as required by section 14.02.354, Off-Street Loading Requirements.

(i)

Landscaping requirements.

Landscaping shall be required in accordance with section 14.02.352, Landscaping Regulations. In addition, the following regulations shall apply:

(1)

A front setback area shall be devoted to a landscaped buffer. Only drive crossings that provide ingress and egress will be allowed.

(2)

(j)

Design requirements.

The following design requirements shall apply in the PO District:

(1)

(2)

(3)

The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture. Exterior lighting fixtures shall not exceed a maximum height of 25 feet measured from the adjacent ground, shall direct light toward the ground and shall be shielded. Alternatives may be approved by the town council upon recommendation by the planning and zoning commission on a case-by-case basis, when used to complement the architectural character of the development. Lighting shall be designed to reflect away from any adjacent residential area.

(4)

On structures 5,000 square feet or less, pitched roof construction will be required. No built-up roof construction shall be permitted.

(5)

(6)

Any canopy system must provide columns constructed of similar masonry material as the primary structure.

(7)

Uniform architectural treatment shall be provided to all sides of the structure.

(8)

Any canopy system must provide columns constructed of similar masonry material as the primary structure.

(9)

Uniform architectural treatment shall be provided to all sides of the structure.

(k)

Masonry requirement.

(1)

(2)

Painted tilt wall and painted concrete block shall not be permitted as finished masonry material.

(3)

Stucco shall be used only as an accent material subject to prior approval of P&Z.

(4)

All exterior chimneys surfaces shall also be of brick, stone, or stucco.

(5)

Other materials of equal characteristics may be allowed upon approval of the planning and zoning commission.

(6)

(l)

Pedestrian circulation.

The following design requirements shall apply in the PO District:

(1)

Pedestrian connections shall access walkways within the development, shall be landscaped, and shall include architectural features consistent with the character of the development.

(2)

Pedestrian connections among and between developments shall be provided and shall be clearly indicated on the site plan.

(3)

The site plan shall indicate future access between properties.

(4)

The pedestrian connections shall access public open green space corridors, where appropriate.

(m)

Entry markers.

The following design requirements shall apply in the PO District:

(1)

Entry markers of monument type shall be located at each principal entrance to developments in accordance with the established signage requirements of the town.

(2)

Entry markers with double faces shall be located in medians in access drives.

(3)

In locations with no median access drive, a single facing monument sign placed at the entrance shall be mirrored on the other side of the entrance.

(n)

Service areas.

The following design requirements shall apply in the PO District:

(1)

All service areas, including but not limited to the location of loading docks, garages, garbage disposal units, and truck parking, shall be completely screened from view.

(2)

The centralized trash collection point shall not be located in any street yard.

(A)

Street yard: Shall mean that area of land located between the structure and a street right-of-way line of a front, side or rear lot line.

(3)

(4)

All trash receptacles shall be adequately sized to contain all trash at all times.

(o)

Signs.

The town sign ordinance [shall] govern regarding all signs located in the PO District.

(p)

Supplemental nonresidential requirements.

Additional requirements for nonresidential uses located within the PO District shall apply in accordance with section 14.02.352(h), Requirements for Nonresidential Districts and Uses.

(Ordinance 98-29, sec. XXX, adopted 12/1/98; Ordinance 2000-06, sec. XXX, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.17)

§ 14.02.168 GU Government Use District regulations.

(a)

Purpose.

The GU Governmental Use District is established to apply to those lands where national, state or local governmental activities are conducted and where governments hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan.

(b)

Uses generally.

In a GU Governmental Use District, no land shall be used and no building shall be installed, erected for or converted to any use other than as set forth in section 14.02.103, Use Tables, and in accordance with the following:

(1)

Accessory uses.

Accessory uses shall be permitted within the GU Governmental Use District in accordance with the regulations provided in section 14.02.253, Accessory Structures.

(2)

Conditional uses.

Conditional uses may be permitted within the GU Governmental Use District in accordance with the regulations provided in section 14.02.301, Conditional Use Permit.

(3)

Limitation of uses.

Any use not expressly permitted or allowed by permit herein is prohibited.

(c)

Plan requirements.

No application for a building permit for the construction of a building or structure shall be approved unless:

(1)

A plat, meeting all requirements of the town, has been approved by the town council and recorded in the official records of the county in which the property is located;

(2)

A site plan has been approved meeting the conditions as provided in section 14.02.259, Site Plan Requirements; and

(3)

A landscape plan, meeting the requirements of section 14.02.352, Landscaping Regulations, has been approved.

(d)

Density regulations.

None

(e)

Height regulations.

Except as provided by section 14.02.254, Height Limits, no building shall exceed 40' feet or two (2) stories in height.

(f)

Area regulations.

The yard requirements shall not be less than the requirements of the most restrictive abutting property.

	Area Description	Area Regulations
(1)	Lot size	None.
(2)	Minimum open space	At least twenty percent (20%) of the total lot area shall be devoted to non-vehicular open space. (Non-vehicular open space is any area not devoted to buildings, parking lots, storage, or vehicular use.) All areas not devoted to buildings, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs or other suitable landscape material. In addition, all developments shall reserve open space in accordance with the town parkland dedication ordinance and other applicable ordinances of the town.
(3)	Maximum building coverage	The combined area covered by all main and accessory buildings and structures shall not exceed sixty percent (60%) of the total lot area.
(4)	Maximum impervious area	The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total lot area.
(5)	Minimum floor area	None.
(6)	Front, rear and side yards	The yard requirements shall not be less than the requirements of the most restrictive abutting property. Required yards shall comply with section 14.02.255, Required Yards.

(g)

Buffered area regulations.

Whenever any conditional use that is allowable in the GU Governmental Use District abuts a residentially zoned district, a landscaped buffer zone of not less than forty (40) feet in depth shall be provided between the lot line and any building, structure or activity area. All buildings, structures and loading or storage area shall be landscaped to provide visual and acoustical privacy to adjacent property. In addition, screening shall occur in the buffer area and such area shall be provided in accordance with the provisions of section 14.02.351, Screening and Fencing.

(h)

Off-street parking.

Off-street parking shall be provided in accordance with section 14.02.353, Off-Street Parking Requirements.

(i)

Off-street loading.

No off-street loading is required in the GU District.

(j)

Masonry requirement.

(Ordinance 98-29, sec. XXXI, adopted 12/1/98; Ordinance 2000-06, sec. XXXI, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.18)

§ 14.02.169 H Historic Landmark District regulations.

(a)

Historic landmark.

Any zoning district designation appearing on the zoning district map may be followed by the suffix “H” indicating a historic landmark subdistrict. Such historical, architectural, archaeological or cultural structures of importance or value which merit protection, enhancement, and preservation in the interest of the culture, prosperity, education and welfare of the people shall be worthy of consideration for application for this district. The “H” designation shall apply to those premises, lots, or tracts designated through the procedures set forth herein. Additional uses may be permitted in any specific “H” subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict.

(b)

Historic landmark - Defined.

As used in this section, the term “Historic Landmark” shall mean any buildings, land, areas or districts of historical, architectural, archaeological or cultural importance or value, which the town council determines shall be protected, enhanced, and preserved in the interest of the culture, prosperity, education and welfare of the people.

(c)

Declaration of policy.

The town council hereby finds and declares as a matter of public policy that the protection, enhancement[,] preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and welfare of the people.

(d)

Historic landmarks - Designation.

The town council may designate certain buildings, land, areas and districts in the town as historic landmarks and define, amend and delineate the boundaries thereof. The procedure to be followed to establish a historic landmark designation shall be the same as that required to amend, repeal or alter the zoning on a tract or parcel of land. After all notice requirements of state zoning statutes V.T.C.A., Local Government Code, chapter 211, as amended, have been complied with and all required public hearings have been conducted pursuant to said state statutes and this ordinance, and upon receipt of the planning and zoning commission’s recommendation, the town council may designate the building, land, area or district with the “H” suffix. The suffix “H” shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the town council has designated historic landmarks. Such designation shall be in addition to any other zoning district designation established in this ordinance. All zoning district maps shall reflect the designation of a historical landmark subdistrict by the letter “H” as a suffix.

(e)

Historic landmarks - Criteria.

In making an historic landmark designation as set forth in the immediately preceding paragraph, the town council and the planning and zoning commission shall consider one or more of the following criteria:

(1)

Character, interest or value as part of the development, heritage or cultural characteristic of the town, State of Texas or the United States;

(2)

Identification with a person or persons who significantly contributed to the culture and development of the town;

(3)

Location as the site of a significant historic event;

(4)

Exemplification of the cultural, economic, social or historical heritage of the town;

(5)

Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif;

(6)

Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood or community of the town; and

(7)

Value as an aspect of community sentiment or public pride.

(f)

Removal, demolition or substantial alteration of a historic landmark.

No historic landmark designated as such pursuant to the procedures set forth herein shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the town council. If an application for such a permit is received by the town secretary for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the planning and zoning commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendations to the town council. No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The planning and zoning commission shall conduct a hearing within 30 days of receipt of the application by the town secretary. After the public hearing, the planning and zoning commission shall recommend to the town council whether to grant or deny the application.

(g)

Council action.

The town council shall consider the planning and zoning commission’s recommendation within thirty days of passage of same. The town council, after conducting a public hearing and taking into consideration all of the factors presented, may approve or disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The council’s action shall be final.

(h)

Present use not affected.

Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the comprehensive zoning ordinance of the town.

(i)

Penalty.

It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any historic landmark in violation of this ordinance.

(Ordinance 98-29, sec. XXXII, adopted 12/1/98; Ordinance 2000-06, sec. XXXII, adopted 3/21/00; 2006 Code, ch. 13, sec. 4.19)

§ 14.02.170 through § 14.02.250. (Reserved)