The town is hereby divided into the following classes of districts:
|
A
|
Agricultural
|
|
SF
|
Single-Family Residential
|
|
MF
|
Multi-Family Residential
|
|
C
|
Commercial
|
|
C-1
|
Office
|
|
C-2
|
Retail and General Commercial
|
|
LI
|
Light Industry
|
|
U
|
Utility
|
(2002 Code, sec. 12.104)
The boundaries of the districts are indicated upon the zoning
map of the town, which is on file in the office of the town secretary,
and made a part of this article.
(2002 Code, sec. 12.105)
(a)
Regulations set forth in this section are the district regulation
in the A - Agricultural District. The agricultural district is considered
a type of residential district within the town.
(b)
Uses.
In A - Agricultural District, no building or land
shall be used and no building shall be hereafter erected, reconstructed,
enlarged or converted unless otherwise provided in this article, except
for one (1) or more of the following uses
(1)
From SF Residential District, Items 1 to 17 listed under section 14.03.074(b).
(2)
Every use not hereby specifically authorized and permitted is expressly
prohibited in A - Agricultural District.
(3)
An area of five (5) acres or more, the growing or ranching of farm
products, including, but not limited to, vegetables, fruit, trees,
grain, poultry, horses, cattle, sheep, swine and goats, including
the necessary accessory uses for raising, treating and storing products
raised on the premises, but not including the commercial feeding of
swine. No pen, barn or enclosure for cows, horses, mules, donkeys,
sheep, goats, swine or poultry, shall be located nearer than twenty-five
feet (25') to any adjacent property.
(4)
Riding academies and all types of stables.
(5)
Greenhouses and nurseries.
(6)
Country clubs or golf courses, but not including miniature golf courses,
driving ranges, or similar forms of commercial amusement.
(7)
Public buildings, including libraries, museums, auditoriums, police
and fire stations and similar public uses.
(c)
Permitted accessory uses.
(1)
Not to exceed two (2) residences for persons regularly employed on
the premises.
(2)
Not to exceed one (1) guesthouse, with an area of not less than nine
hundred fifty (950) square feet.
(3)
Private garages.
(4)
Offices incidental to and necessary for conducting a permitted use.
(5)
Stables and barns.
(d)
Prohibited uses.
(1)
No feedlots shall be established for commercial purposes, except
as would be required to perform the principle permitted use.
(2)
No facility or use for the treatment and/or storage of noxious matter,
toxic materials or any form of liquid or solid waste materials from
any source shall be permitted. This is not intended to include chemicals
used for agricultural purposes.
(e)
Height regulations.
Same as Single-Family Residential (section 14.03.074(c)).
(f)
Area regulations.
At any time that there is more than one (1) single-family dwelling per ten (10) acres, the provisions for Single-Family Residential (section 14.03.074(d)) shall apply.
(2002 Code, sec. 12.108; Ordinance 2006-1009-01, sec. I.A.1., adopted 10/9/06)
(a)
Regulations set forth in this section are the district regulations
in the SF Residential District.
(b)
Uses.
In the SF Residential District, no building or
land shall be used and no building shall hereafter be erected, reconstructed
or enlarged, unless otherwise provided in this article, except for
one (1) or more of the following uses:
(1)
Single family dwelling.
(2)
Churches.
(3)
Public schools, elementary, intermediary and high school.
(4)
Museums, library, parks, playgrounds, or community center, owned
and operated by the town.
(5)
Telephone exchange, where no public business office and no repair
or storage facilities are maintained.
(6)
Country clubs and golf courses are allowed. Miniature golf courses,
driving ranges or similar forms of commercial amusement are not allowed.
(7)
Farms, nurseries or truck gardens, and provided further that no poultry
or livestock shall be housed within twenty-five feet (25') of any
property line.
(8)
Home occupation, as defined in this article.
(9)
Parks, playgrounds, community buildings, and other public recreational
facilities owned and/or operated by the municipality or other public
agency.
(10)
Public buildings, including libraries, museums, police and fire stations,
and similar physical structures constructed and maintained for the
use and benefit of the public.
(11)
Bed and breakfast facilities must have an annual permit issued by
the town and will follow the following guidelines:
(A)
No individual property owner shall use his residence as a bed
and breakfast facility as that term is defined herein without first
having received a permit from the town council of the town.
(B)
One (1) attached sign shall be permitted on the premises. Such
sign shall not exceed four (4) square feet in area, and shall not
include the words “hotel” or “motel.”
(C)
Off-street parking shall be provided equal to one (1) parking
space per guest bedroom and shall be screened from all streets.
(D)
All city, county and state health officers, building inspectors,
the fire marshal and his assistants and other code enforcement officials
of the town shall have the right to go on any premises for which a
permit for a bed and breakfast facility has been issued during normal
business hours for the purpose of verifying compliance with or violations
of this article and all other applicable ordinances of the town.
(12)
Home occupations are permitted.
(13)
Temporary building, accessory to new construction, provided such
are razed within thirty (30) days after substantial completion of
such new construction to which they are accessory, or failing completion
of new construction, within sixty (60) days after start of such temporary
construction, but not to exceed six (6) months after installation.
(14)
Accessory buildings and uses, customarily incident to the above uses
and located on the same lot therewith, not involving the conduct of
a retail business except as provided herein.
(A)
The term “accessory use” shall include customary
home occupations as herein defined.
(B)
A billboard, signboard, or advertising sign shall not be permitted
as an accessory use except that the placing of an unilluminated “For
Sale” or “For Rent” sign not more than twelve (12)
square feet in area may be permitted as an accessory use, and except
that churches and other institutions may display signs showing names,
activities, and services therein provided, and that, during construction
of a building, one (1) unilluminated sign advertising contractors
or architects on such premises shall be permitted, provided that such
sign shall be removed immediately upon completion of the building.
(C)
A detached private garage with or without storeroom and/or utility
room or an animal shelter or barn shall be permitted as an accessory
building. Any accessory building shall be located not less than ten
feet (10') behind the front building setback line nor less than fifteen
feet (15') from any side or rear lot line and in the case of corner
lots, not less than the distance required for residences from side
streets. A private garage shall not occupy more than three percent
(3%) of the lot area. A garage or servant’s quarters constructed
as an integral part of the main building shall be subject to the regulations
affecting the main building.
(D)
A hobby shop may be constructed as an accessory use.
(15)
Contiguous tracts of ten (10) acres or more are permitted to have
all uses allowed in agriculture.
(16)
No single-wide mobile homes or HUD-code manufactured homes as defined
herein shall be permitted.
(17)
Every use not hereby specifically authorized and permitted is expressly
prohibited in SF Residential District.
(c)
Height regulations.
The maximum height for the main
building, including roof mounted mechanical equipment shall be two
and one-half (2-1/2) standard stories, but shall not exceed forty
feet (40') in height.
(d)
Area regulations.
(1)
Front yard.
There shall be a front yard having a depth
of not less than fifty feet (50').
(2)
Side yard.
The minimum distance from the side building
line to the property line at any point shall be not less than fifteen
feet (15').
(3)
Rear yard.
There shall be a rear yard having a depth
of not less than thirty feet (30').
(4)
Width of lot.
The minimum width of the lot shall be
eighty feet (80').
(5)
Depth of lot.
The minimum lot depth shall be not less
than one hundred feet (100') at the average distance between the front
and rear lot lines.
(6)
Area of lot.
Every lot shall have an area of not less
than one (1) acre net, exclusive of all street rights-of-way as determined
by a registered survey. The minimum floor area of the main building
shall not be in the aggregate less than fifteen hundred (1,500) square
feet, exclusive of the accessory buildings, and the building area
shall not exceed thirty percent (30%) of the lot area.
(7)
Setbacks.
Tennis courts, soccer courts, polo fields,
etc. shall be behind the front building line and be a minimum of fifteen
feet (15') from the nearest lot line.
(2002 Code, sec. 12.109; Ordinance 2003-0908-01 adopted 9/8/03; Ordinance 2008-0512-03 adopted 5/12/08; Ordinance 2009-0608-01 adopted 6/8/09; Ordinance
2006-1009-01, sec. I.A.2., adopted 10/9/06; Ordinance adopting Code)
(a)
Regulations as set forth in this section are the district regulations
in the MF apartment district.
(b)
In MF apartment district, no building or land shall be used and no
building shall be hereafter erected, reconstructed, enlarged or converted,
unless otherwise provided in this article, except for one (1) or more
of the following uses:
(1)
Apartment purposes.
(2)
Uses permitted in SF residential district.
(3)
Only the following accessory buildings and uses:
(A)
An accessory building necessary to store equipment for several dwelling
units or provide a service function for several dwelling units. No
such accessory building shall be occupied as a place of abode. Any
accessory building which is not a part of the main building shall
be separated from the main building by a minimum of thirty feet (30').
(4)
Every use not hereby specifically authorized and permitted is expressly
prohibited in MF apartment district.
(c)
Building regulations.
(1)
Main building exterior designs in the commercial districts shall
be in accordance with the architectural guidelines of this article.
The use of other exterior building materials shall be on an exception
basis as may be approved by the town council after recommendation
from the commission. Exterior building designs, elevations, and facades
shall be submitted to the staff for review with respect to conformance
with the “Texas Country” architectural theme prior to
consideration of a building permit application by the town council.
Building elevation/facade plans shall include an architectural rendering
showing all four elevations of the proposed building. Upon approval,
the rendering shall become part of the zoning for that site. No building
shall be hereafter erected, reconfigured, enlarged, or converted unless
the appropriate building permit has been requested and approved. Building
elevations/facade plans shall be submitted as a part of the site plan
and building permit application process.
(2)
All mechanical equipment and loading docks shall be constructed,
located and screened from public view either by landscaping materials
or masonry that blends with the building, so as not to interfere with
the peace, comfort, and repose of the occupants of any adjoining building
or residence.
(3)
Refuse collection areas shall be screened from public view.
(4)
All utilities shall be underground. This includes, in addition to
those normally installed underground, electric distribution facilities,
telephone cable, and individual business services.
(5)
All outside storage must be screened from public view either by landscaping
materials or masonry that blend with the building. The only exception
is the display of Christmas trees for a period not to exceed thirty
(30) days prior to Christmas each year, which does not have to be
screened; however a permit is still required.
(7)
No apartment building shall exceed two (2) standard stories in height,
but in no case more than thirty (30) feet; provided the town council,
after receiving a recommendation from the planning and zoning commission,
may grant a special exception in excess of the above, subject to appropriate
safeguards and conditions.
(8)
Mailrooms or mail kiosks shall be one hundred (100) percent masonry
and constructed of the same materials as the main structure.
(d)
Area regulations.
(1)
Front yard.
(A)
There shall be a landscaped front yard on lots containing dwelling
units having a minimum depth of fifty feet (50').
(B)
On corner lots, the required front yard shall be provided on both
streets.
(C)
Where lots have double frontage, running through from one (1) street
to another, the required front yard shall be provided on both streets.
(D)
No structure shall be located in the front yard unless as an element
of permissible landscaping.
(E)
No off-street parking shall be allowed in any front yard area. However,
paved drives of ingress and egress from the public street to a parking
area shall be allowed to cross the front yard from front to rear.
(2)
Side yard.
(A)
Where the ends of the building are adjacent to and parallel to the
side lot line, the side yard shall be not less than fifteen feet (15')
or ten percent (10%) of the width of the lot.
(B)
Where the long sides of the apartment building, other than the ends
are adjacent to or parallel to the side lot lines, the side yard shall
be not less than ten percent (10%) of the length of the building side
adjacent to the side yard, but in no case shall the side yard be less
than fifteen feet (15').
(3)
Rear yard.
There shall be a rear yard having a depth
of not less than thirty percent (30%) of the depth of the lot, provided
such yard need not exceed thirty feet (30'), and shall be a minimum
of thirty feet (30').
(4)
Building angle.
The residential building angle to public
streets and single-family zoning districts will be between a minimum
of twenty (20) to a maximum of seventy (70) degrees, unless parking
is provided between the building and the street. As an alternative
to angling the buildings along the public street, adjacent buildings
may be offset a distance equal to one-half (1/2) the width of the
building closest to the street, not to be less than fifty (50) feet.
(5)
Unusable land areas.
No pond, creek, or other unusable
terrain shall be changed without the approval of such plans by a licensed
civil engineer and the town council.
(6)
Usable open space.
All residential use shall provide
and maintain a minimum of five hundred (500) square feet of usable
open space for each dwelling unit. For the purpose of this article,
usable open space means outdoor area, excluding parking and other
service areas, which are utilized for livable and/or related amenities,
such as outdoor living, associated recreation, and/or landscaping,
and which is open and unobstructed from its lowest level to the sky
except for roof overhangs and architectural projections. All usable
open space shall be accessible to, and usable by, the general public
(except swimming pools) and shall be shaded not less than 20% through
the use of trees or other plantings. The minimum dimensions for usable
open space at the ground level shall be twenty-five (25) feet by twenty-five
(25) feet and the minimum area shall be six hundred twenty-five (625)
square feet.
(7)
Overhang and fireplaces.
The maximum setback requirements
shall apply in all cases, except that fireplaces, eaves, bays, and
balconies may extend up to a maximum of three and one-half (3-1/2)
feet into the required front, side or rear yards.
(8)
Width of lot.
The minimum width of the lot shall be
two hundred feet (200') throughout the depth of the lot from front
to rear.
(9)
Depth of lot.
The minimum depth of the lot shall be
not less than two hundred feet (200').
(10)
Area of lot.
Every lot shall have an area of not less
than one (1) acre.
(11)
Coverage.
(A)
The minimum floor area per apartment living unit shall not be
in the aggregate less than one thousand five hundred (1,500) square
feet. Outside walls shall be constructed of standard masonry construction.
(B)
There shall be a minimum lot area of three thousand five hundred
(3,500) square feet for each apartment living unit in apartment buildings.
(C)
For each lot platted for a single-family dwelling, the regulations
set forth in the SF residential district shall be applicable.
(12)
Structure spacing.
Multifamily structures on the same
parcel shall have the following minimum distance between structures.
(A)
From main structure to main structure with walls that have openings
for doors or windows on façades facing each other, the distances
in the following table shall apply:
|
Site Layout
|
Distance Between Structure
|
|---|---|
|
Face to face
|
Fifty (50) feet
|
|
Face to end
|
Thirty (30) feet
|
|
Corner to face or end
|
Thirty (30) feet
|
|
End to end
|
Fifty (50) feet
|
(B)
From main structure to accessory buildings or pools, the minimum
distance between structures is thirty (30) feet.
(C)
From main structure to free standing garage building, the minimum
distance between structures is thirty (30) feet.
(D)
A multifamily structure on a parcel of land shall not be closer
than a distance of fifty (50) feet to any nonresidential building,
excluding garages, on an adjacent property.
(E)
The mailrooms or mail kiosk can be incorporated into another
building or they must be separated from all other buildings by a minimum
of thirty (30) feet.
(13)
Parking and circulation.
(A)
There shall be two (2) parking spots for each one or two bedroom
unit and one (1) additional parking spot for each additional bedroom
per unit.
(B)
Parking located between the building and a public street shall
be at or beyond the required landscape buffer and requires a large
tree every five (5) parking spaces along the first row of parking
and a headlight screen in addition to perimeter landscaping requirements.
(C)
Sub-grade parking under all or a portion of the building will
not count against building height if half or more of sub-grade parking
is below the average finished grade of the first floor.
(D)
When provided, trailer and recreational vehicle (RV) parking
shall be limited to specific areas as designated on the approved site
plan. Trailer and RV parking spaces shall be fifteen (15) feet by
twenty-five (25) feet. These spaces shall be specifically called out
on the site plan in an area behind the building line. A solid living
screen shall be placed around the specified area.
(E)
Dead-end drive aisles shall have a maximum of ten (10) parking
spaces.
(F)
Mail kiosk shall have a minimum of five (5) of the required
parking spaces for the development within fifty (50) feet, unless
a drive-through facility is provided.
(G)
Drive aisles within the apartment complex must be configured
to decrease speed and shall have a maximum of five hundred (500) feet
in a straight length without an offset of a minimum of thirty (30)
feet, unless other traffic calming measured are approved by the town
engineer and fire marshal.
(H)
Access to a public street in a single-family neighborhood shall
be restricted to emergency vehicle use only and will not function
as a primary access point for the complex.
(I)
Direct access to a median opening is required when the property
is located on a divided thoroughfare. This shall be one of the minimum
two points of access required.
(J)
Sidewalks with a minimum pavement width of 4 feet shall be provided
on all perimeters of blocks and in interior areas as a means of access
to adjacent buildings and on-site amenities. Sidewalk areas shall
contain plantings consisting of trees and shrubs, which may be included
[in the] landscaping requirements.
(14)
Parking; Garages.
(A)
There shall be one 12' x 22' garage for each dwelling.
(B)
Garages shall be one hundred (100) percent masonry and be constructed
of the same materials as the main structure.
(C)
The garage may be part of the dwelling structure.
(D)
Garage parking can only be counted toward required parking if
the garage is attached to, and directly accessed from, the apartment
unit that it serves through an internal doorway.
(E)
Additional garage parking can be provided, but will not count
towards required parking calculations.
(F)
Garages shall be set back a minimum of eight (8) feet from the
circulation aisle.
(G)
The garage shall not be used for storage, thereby prohibiting
the parking of an operable vehicle.
(H)
No carports shall be allowed.
(18)
Plan submittals.
(A)
An approved site plan shall be a prerequisite for the granting
of MF multiple-family residential district zoning classification and
to the issuance of a building permit or certificate of occupancy for
any property in an MF district. Information required to be submitted,
approval of the site plan, and any administrative action shall be
in accordance with this article to the extent such requirements are
applicable to a commercial district.
(B)
The purpose of the site plan review is:
(i)
To insure compliance with the zoning ordinance, while allowing
for design flexibility;
(ii)
To assist in the orderly and harmonious development of the city;
(iii)
To protect adjacent uses from obstructions to
light, air, and visibility;
(iv)
To provide compliance with fire code provisions;
(v)
To avoid undue concentrations of population and overcrowding
of land;
(vi)
To facilitate the adequate provision of transportation, water,
sewage, [sic];
(vii)
To insure adequate drainage and other public
requirements.
(C)
Applicants shall, in conjunction with a site plan, demonstrate
compliance with other applicable provisions of the Code of Ordinances
and shall submit a facade plan, an elevation plan, a tree survey,
an erosion control plan, a traffic impact analysis, and any other
plan, survey, or study as may be required by the town engineer.
(19)
Zoning approval.
Site, elevation, and facade plans shall
be reviewed by the town’s staff prior to submittal to the planning
and zoning commission. The planning and zoning commission shall, after
conducting a public hearing, recommend approval of an application
for a multiple-family dwelling complex if the proposed development
meets all the minimum standards established in this article and other
applicable ordinances, and if the commission finds that the proposed
development will not be detrimental to the health, safety, or welfare
of the surrounding neighborhood or its occupants, or be substantially
or permanently injurious to neighboring property. The commission shall
recommend disapproval of any application which fails to meet the above
criteria or is in conflict with the comprehensive plan.
(Ordinance 2013-1216-01 adopted 12/16/13; Ordinance 2021-0419-02 adopted 4/19/21)
(a)
Regulations set forth in this section are the district regulations
in the C - Commercial District. The district shall be divided into
two (2) sub-districts called C-1 and C-2.
(b)
Uses.
In the two sub-districts of C - Commercial District,
no building or land shall be used and no building shall be hereafter
erected, reconstructed, enlarged or converted unless otherwise provided
in this article, except for one or more of the following uses as defined
by sub-district:
(1)
C - 1 (Office).
(A)
Art gallery or museum;
(B)
Bank or other financial institution (also C-2);
(C)
Barber, beauty shop, spa (also C-2);
(D)
Caterer, wedding service, event planning;
(E)
Clinic or professional office;
(F)
Church or rectory;
(G)
College/university/private/elementary/secondary school;
(H)
Community center;
(I)
Country club or golf course (private), but not including miniature
golf course, driving range, or similar forms of commercial amusement;
(J)
Daycare or kindergarten;
(K)
Drycleaner, less than 2,000 sq. ft. (also C-2);
(L)
Fire station (also C-2);
(M)
Florist (also C-2);
(N)
Fuel Station (also C-2);
(O)
Hospital;
(P)
Hotel/Motel;
(Q)
Institutions of religious or philanthropic nature;
(R)
Library;
(S)
Office;
(T)
Nursery[;]
(U)
Nursing home or assisted living;
(V)
Park or playground;
(W)
Realty office;
(X)
Studio/school for visual or performing arts;
(Y)
Utilities office;
(Z)
One accessory building, customarily associated with any of the above
establishments to which they refer, except they shall not be placed
within any required setbacks;
(AA)
Any use or public building to be used or erected by the town;
(BB)
No mobile home or HUD manufactured homes shall be permitted.
(2)
C - 2 (Retail and General Commercial).
(A)
Antique shop;
(B)
Automobile repair garage;
(C)
Bakery, where items are available for sale to the general public;
(D)
Bank or other financial institution (also C-1);
(E)
Barber, beauty shop, or spa (also C-1);
(F)
Batting practice facility - 500 ft. min. from residential, must have
shielded lights;
(G)
Bird or pet shop;
(H)
Book, card, stationary store;
(I)
Bowling alley, if air-conditioned and soundproofed;
(J)
Camera shop;
(K)
Candy, cigar, tobacco shop;
(L)
Carwash;
(M)
Dry Cleaning or pressing shop, less than 2,000 sq. ft.;
(N)
Clothing or shoe store;
(O)
Department or specialty store;
(P)
Drug store, retail only;
(Q)
Electrical goods;
(R)
Farm implement display or sales room;
(S)
Florist (also C-1);
(T)
Fuel Station (also C-1);
(U)
Furniture store, where all display and storage is within the building;
(V)
Golf driving range - 1,000 ft. min. from residential, must have shielded
lights;
(W)
Grocery or convenience store;
(X)
Hardware store;
(Y)
Hotel or motel (also C-1);
(Z)
Jewelry store;
(AA)
Laundry (automatic), equipped with machines customarily found
in the home, where custom laundering, if finishing may be done, not
to exceed 6,000 sq. ft.;
(BB)
Meat market;
(CC)
Miniature golf course - 500 ft. min. from residential district;
(DD)
Movie theater - housed in acoustically treated building;
(EE)
Piano or musical instrument sales;
(FF)
Print shop that is open to the general public;
(GG)
Restaurant or cafeteria with or without on-premises alcohol
beverage sales;
(HH)
Retail store for custom work or making of articles to be sold
for retail on the premises, min. 50% retail sales;
(II)
Retail store - no on-site manufacturing;
(JJ)
Shoe repair shop;
(KK)
Sports club - except pistol and rifle range;
(LL)
One accessory building, customarily associated with any of the
above establishments to which they refer, except they shall not be
placed within any required setbacks;
(MM)
Any use or public building to be used or erected by the town;
(NN)
No mobile home or HUD-manufactured homes shall be permitted.
(c)
Building regulations.
(1)
Main building exterior designs in the commercial districts shall
be in accordance with the architectural guidelines of this article.
The use of other exterior building materials shall be on an exception
basis as may be approved by the town council after recommendation
from the commission. Exterior building designs, elevations and facades
shall be submitted to town staff for review with respect to conformance
with the “Texas Country” architectural theme prior to
consideration of a building permit application by the town council.
Building elevation/facade plans shall include an architectural rendering
showing all four elevations of the proposed building. Upon approval,
the rendering shall become part of the zoning for that site. No building
shall be hereafter erected, reconfigured, enlarged, or converted unless
the appropriate building permit has been requested and approved. Building
elevations/facade plans shall be submitted as a part of the site plan
and building permit application process.
(2)
All mechanical equipment and loading docks shall be constructed,
located and screened from public view either by landscaping materials
or masonry that blend with the building, so as not to interfere with
the peace, comfort, and repose of the occupants of any adjoining building
or residence.
(3)
Refuse collection areas shall be screened from public view.
(4)
All utilities shall be underground. This includes, in addition to
those normally installed underground, electric distribution facilities,
telephone cable and individual business services.
(5)
All outside storage must be screened from public view either by landscaping
materials or masonry that blend with the building. The only exception
is the display of Christmas trees for a period not to exceed thirty
(30) days prior to Christmas each year, which does not have to be
screened; however a permit is still required.
(6)
All swimming pools must have protective fence at least four feet
(4) in height with a self-latching gate of a design to prevent children
and animals from freely entering the pool. Where a wall of a building
serves as part of the barrier, doors with direct access to the pool
through that wall, shall be equipped with an alarm which produces
an audible warning when the door and its screen, if present, are opened.
No pool will be closer than fifteen feet (15') to any property line.
(7)
The maximum height for the main building, including roof mounted
mechanical equipment shall be two and one-half (2-1/2) standard stories,
but shall not exceed thirty-five feet (35') in height.
(8)
The town has adopted an architectural theme for the design and construction
of buildings and structures in the commercial and light industrial
districts as set forth in this article. All new and renovated buildings
and structures within this district should be designed and constructed
in accordance with the architectural guidelines of this article.
(d)
Area regulations.
(1)
Building area.
The total building area, including accessory
buildings, shall not exceed floor area-to-land ratio of 0.40 to 1.
(2)
Lot area.
Minimum one (1) acre net, exclusive of all
street rights-of-way and the 100-year flood plain as determined by
a registered survey.
(3)
Front yard.
Minimum fifty feet (50') from property line.
(4)
Side yard.
Minimum fifteen feet (15') from property
line and not to include any parking area. Minimum one hundred feet
(100') from residential district.
(5)
Rear yard.
Minimum fifteen feet (15') from property
line and not to include any parking area. Minimum one hundred feet
(100') from residential district.
(6)
Parking regulations.
(A)
Adequate off-street parking space shall be provided to meet the requirements of the customers, guests and employees of each business structure (See section 14.03.113).
(B)
Off-street driveways and parking areas shall be paved with asphalt
or concrete and maintained to town specifications so as to eliminate
dust or mud, and shall be so graded and drained as to dispose of all
surface water.
(2002 Code, sec. 12.111; Ordinance 2006-0814-02, sec. 2, adopted 8/14/06; Ordinance 2006-1009-01, sec.
I.A.4., adopted 10/9/06; Ordinance 2017-0619-01 adopted 6/9/17; Ordinance 2021-0419-02 adopted 4/19/21)
(a)
Regulations set forth in this section are the district regulations
in the LI - Light Industrial District.
(b)
Uses.
In the LI - Light Industrial District, no building
or land shall be used and no building shall be hereafter erected,
reconstructed, enlarged or converted unless otherwise provided in
this article, except for one (1) or more of the following uses as
defined:
(1)
Automobile display or sales, repair garage, tire or seat cover shop;
(2)
Automobile used car sales;
(3)
Blacksmithing;
(4)
Carpentry, painting, plumbing, or tin smithing shop (including contractor’s
shop or storage);
(5)
Ceramic or pottery manufacture - with dust, odor, and fume control;
(6)
Manufacturing of saddles, other leather products, jewelry, draperies
or interior decorations;
(7)
Radio or television broadcasting stations or studios with on-site
towers;
(8)
Textile manufacturing;
(9)
Wholesale distribution and warehousing-no outside storage;
(10)
Woodworking or planning mill - with dust, odor, and fume control;
(11)
Accessory buildings and uses customarily associated with any of the
above establishments to which they refer, except that they shall not
be placed within any required setback;
(12)
Similar items, not involving the generation of noise, odor, vibration,
dust, smoke, or other hazard;
(13)
No mobile home or HUD-manufactured homes shall be permitted.
(14)
Pawnshops licensed to transact business under Chapter 371, Texas
Finance Code, as amended.
(c)
Building regulations.
(1)
Main building exterior designs in the light industrial districts
shall be in accordance with the architectural guidelines of this article.
The use of other exterior building materials shall be on an exception
basis as may be approved by the town council after recommendation
from the commission. Exterior building designs, elevations and facades
shall be submitted to the town staff for review with respect to conformance
with the “Texas Country” architectural theme prior to
consideration of a building permit application by the planning and
zoning commission. Building elevation/facade plans shall include an
architectural rendering showing all four elevations of the proposed
building. Upon approval, the rendering shall become part of the zoning
for that site. No building shall be hereafter erected, reconfigured,
enlarged, or converted unless the appropriate building permit has
been requested and approved. Building elevations/facade plans shall
be submitted as a part of the site plan and building permit application
process.
(2)
All mechanical equipment and loading docks shall be constructed,
located and screened from public view either by landscaping materials
or masonry that blend with the building, so as not to interfere with
the peace, comfort, and repose of the occupants of any adjoining building
or residence.
(3)
Refuse collection areas shall be screened from public view.
(4)
All utilities shall be underground. This includes, in addition to
those normally installed underground, electric distribution facilities,
telephone cable and individual business services.
(5)
All outside storage must be screened from public view either by visual
barriers, landscaping materials or masonry that blends with the building.
The only exception is the display of Christmas trees for a period
not to exceed thirty (30) days prior to Christmas each year, which
does not have to be screened; however a permit is still required.
(6)
All swimming pools must have protective fence at least four feet
(4') in height with a self-latching gate of a design to prevent children
and animals from freely entering the pool. Where a wall of a building
serves as part of the barrier, doors with direct access to the pool
through that wall, shall be equipped with an alarm which produces
an audible warning when the door and its screen, if present, are opened.
No pool will be closer than fifteen feet (15') to any property line.
(7)
The maximum height for the main building, including roof mounted
mechanical equipment shall be two and one-half (2-1/2) standard stories,
but shall not exceed thirty-five feet (35') in height.
(8)
The town has adopted an architectural theme for the design and construction
of buildings and structures in the commercial and light industrial
districts as set forth in this article. All new and renovated buildings
and structures within this district should be designed and constructed
in accordance with the architectural guidelines of this article.
(d)
Area regulations.
Area regulations shall be the same as those set forth in section 14.03.076(d), as applicable in the C - Commercial District.
(2002 Code, sec. 12.111; 2002 Code,
sec. 12.112; Ordinance 2006-0814-02, sec. 2, adopted 8/14/06; Ordinance 2006-1009-01, sec. I.A.5., adopted 10/9/06; Ordinance 2011-1219-02 adopted 1/16/12; Ordinance 2021-0419-02 adopted 4/19/21)
(a)
Regulations set forth in this section are the district regulation
in the U - Utility District.
(b)
Uses.
In U - Utility Districts, no building or land
shall be used and no building shall be hereafter erected, reconstructed,
enlarged or converted, unless otherwise provided in this article,
except for one (1) or more of the following uses:
(1)
Water storage, either elevated or at ground level;
(2)
Water pumping;
(3)
Water wells;
(4)
Water treatment;
(5)
Sewerage lift stations;
(6)
Gas regulator stations or metering stations;
(7)
Electrical power substations, including transformer and switching
stations;
(8)
Building for storage and repair.
(c)
Area regulations.
(1)
Front yard.
Front yard shall not be required, provided
however no structure shall be located closer to the street than the
building line of the abutting property.
(2)
Side yard.
There shall be a minimum side yard of fifteen
feet (15') on each side.
(3)
Rear yard.
There shall be a minimum rear yard of fifteen
feet (15').
(4)
Coverage.
There shall be no requirement on density of
use, except that any building shall be constructed of fire-proof materials.
(5)
Height regulations.
The maximum height for any building
shall be thirty feet (30').
(6)
Parking regulations.
(A)
Adequate off-street parking space shall be provided to meet the requirements
of the utility.
(B)
Off-street driveways and parking areas shall be paved with asphalt
or concrete and maintained to town specifications so as to eliminate
dust or mud, and shall be so graded and drained as to dispose of all
surface water.
(C)
No off-street parking shall be allowed in any front yard area. However,
paved drives of ingress and egress from the public street to a parking
area shall be allowed to cross the front yard from front to rear.
(7)
Enclosures.
All utility structures or improvements requiring
property zoned U Utility District for its use shall be enclosed with
a six foot (6) chain link fence, or approved equal, and for the purpose
of determining distances from property lines for side, front, and
rear yard limits, the chain link fence shall be considered as a structure.
(d)
Mechanical equipment.
Mechanical equipment and loading
docks shall be constructed, located and screened from public view
either by landscaping materials or masonry, so as not to interfere
with the peace, comfort, and repose of the occupants of any adjoining
building or residence.
(g)
Special requirements.
Refuse and waste storage areas
shall conform to standards as may be required by the planning and
zoning commission.
(2002 Code, sec. 12.113; Ordinance 2006-1009-01, sec. I.A.6., adopted 10/9/06)
(a)
Intent.
(1)
A PD-Planned Development District (a “PD District”) is
intended to allow the phased development of large tracts of land in
a manner that will permit flexibility, that will encourage a more
creative, efficient and aesthetically desirable design and placement
of buildings, open spaces, circulation patterns, that will best utilize
special site features such as topography, useable open space, landscape
features, and that will maintain the integrity and value of surrounding
areas. To the extent reasonably possible, PD Districts should provide
for the integrity, maintenance, and improvement of drainage ways,
wetlands, and other natural features. PD Districts allow flexibility
with respect to the placement of buildings and structures on the land,
permissible uses of the land, and development regulations for the
land, as well as flexibility with respect to the review and approval
process. This authority extends to discretionary approval by the town
council over concept and development plans for each PD District as
required by this ordinance, including consideration by the town council
of such items as proximity to major transportation arteries (such
as freeways, expressways or mass transit routes), parking, setbacks,
square footage of buildings and structures, sign placement, screening,
landscaping, buffer zones, residential and non-residential density,
and the ratio of mixed commercial or retail and residential uses and
structures. To the extent reasonably possible, PD Districts should
be separated or well buffered from adjacent properties. While flexibility
is given to allow special conditions or restrictions, the following
procedures are established herein to ensure against inappropriate
exercise of this flexibility. It is intended that, prior to the approval
of a PD District, it should be demonstrated that adequate public services
and infrastructure capacity exist or are planned that will support
development within the PD District throughout the estimated “build
out” period based on the size and nature of the proposed development
within the PD District.
(2)
In the event of any conflict or inconsistency between the provisions
of an ordinance creating a PD District and the provisions contained
in any other provision of this chapter, the subdivision regulations,
or other ordinances, the provisions of the PD ordinance shall control.
(3)
In the event a PD ordinance does not include a zoning standard or
regulation that is otherwise required by this chapter, then the standard
or regulation required by this chapter shall be applied to development
within the PD District.
(4)
The planning and zoning commission shall not recommend for approval
and the town council shall not approve a planned development district
zoning classification on any tract of land proposed to be used for
non-residential purposes that is not at least five (5) acres in size.
(b)
Use regulations.
Except as otherwise specifically provided
by the PD ordinance, no land shall be used for, and no building shall
be used or erected for or converted to, any use other than:
(1)
Banks and financial institutions.
(2)
Office and professional buildings.
(3)
Personal services including the following:
(A)
Barbers and beauty salons, including skin and body care.
(B)
Catering services.
(C)
Cleaners and laundry pickup stations; provided, that no cleaning
or laundry facilities are located on the premises.
(D)
Film developing and printing.
(E)
Print shops
(F)
Private recreation clubs and health studios.
(4)
Residential uses.
(5)
Restaurants.
(6)
Retail sales as follows:
(A)
Bakery goods.
(B)
Camera shop.
(C)
Candy shop.
(D)
Clothing or apparel.
(E)
Department store.
(F)
Florist.
(G)
Jewelry.
(H)
Motion picture theatre.
(I)
Music store.
(J)
Newspaper or magazines.
(K)
Office furniture and supplies, including business machines and computer
equipment and supplies.
(L)
Optical goods, including eyewear, cameras and projection equipment.
(M)
Photographer.
(N)
Prescription pharmacy.
(O)
Tailor or seamstress.
(7)
Churches.
(8)
Golf courses and accessory uses customarily incident thereto.
(9)
Other retail uses, as approved by the town council.
(c)
Application requirements.
(1)
Each application for a PD District shall contain a minimum land area
of 20 acres (described by metes and bounds) and shall specify the
proposed development standards required by this section. An application
for a PD District that is non-residential shall contain a minimum
land area of 5 acres (described by metes and bounds) and shall specify
the proposed development standards required by this section. No application
shall be complete and no application shall be deemed to have been
filed until all of the required information is on file with the planning
and zoning commission of the town and any required filing or application
fees have been paid in full. At least 15 copies of the application
must be submitted. All development standards contained in the application
and approved by the governing body of the town shall become part of
the PD ordinance. The development standards contained within the application
shall set forth the following elements:
(A)
Exterior construction materials for residential and non-residential
uses (each building, whether principal or accessory, shall consist
of at least seventy percent (70%) masonry exterior);
(B)
Maximum height of all structures;
(C)
Screening and buffering between residential and nonresidential uses;
(D)
Residential density (if different from the regulations provided by
this chapter);
(E)
Non-residential density (expressed as a floor area ratio);
(F)
Minimum square footage of floor areas for all dwellings (single family
dwellings shall be not less than 1,500 square feet and multifamily
dwellings shall be not less than 1,000 square feet per unit);
(G)
Setbacks for front yards (measured from lot lines), side yards, and
rear yards and, if applicable, lot coverage;
(H)
Parking regulations and standards (if different from the regulations
provided by this chapter);
(I)
Landscape plan regulations and standards (if different from the regulations
provided by this chapter);
(J)
Site plan regulations and standards (if different from the regulations
provided by this chapter);
(K)
A legend detailing the minimum area of open space, the maximum density,
the percentage of land allotted to each use, and the general location
of each use; and,
(L)
Any other regulations or standards proposed by the applicant.
(M)
The town council may require additional regulations or requirements
as appropriate for a particular district.
(2)
In addition to the information required by the foregoing subsection (a), each application for a PD District shall also be accompanied by the application fee, and shall not be deemed to have been filed unless so accompanied, and the development information required by this subsection, unless expressly waived by the governing body of the town. The following items shall be included with an application:
(A)
A concept plan for the property, drawn to a scale of not less than
one inch equaling 200 feet. When approved by the town council, the
concept plan shall become part of the PD ordinance. Concept plans
must be consistent with the development standards contained in the
application and must show or contain the following information:
(B)
Floodplain locations (based on best available information), and the
locations of major drainage ways;
(C)
Existing and proposed major thoroughfare and arterial and collector
street layouts within and outside the property;
(D)
Major utility layouts showing the locations of existing and proposed
major utility easements and water and wastewater lines;
(E)
Areas intended for single family development, including unit density
per acre;
(F)
Areas intended for other residential development, including unit
density per acre;
(G)
Areas intended for non-residential development, including schools,
commercial and retail areas, and locations of utility plants;
(H)
Areas intended for common areas, open space, or recreational uses,
such as parks, green belts and golf courses;
(I)
To the extent known (but not required), major landscaping elements
and features;
(J)
To the extent known (but not required), significant physical or natural
features that will be preserved;
(K)
Areas to be left open as open space of not less than two percent
(2%) of the gross area of the tract, exclusive of streets, alleys
and rights-of-way; and
(L)
Signage requirements and standards, including entry signs.
(3)
A traffic impact analysis prepared by a qualified traffic engineer.
Such analysis shall take into consideration the capacity of existing
and future streets, projections of the traffic that will be generated
by the proposed development, the ability of existing and future streets
to accommodate the projected traffic generated by the proposed development,
and measures to mitigate high traffic areas and effects. The traffic
impact analysis will be provided for informational purposes only and
shall not become part of the PD ordinance.
(4)
A preliminary drainage study and a general description of the storm
water management techniques that will be used to develop the property.
Such study and general description will be provided for informational
purposes only and shall not become part of the PD ordinance. Detailed
drainage plans for flood plain and storm water management will be
prepared and approved in accordance with the town’s subdivision
regulations.
(5)
A description of the manner in which water and wastewater service
will be provided to the property and a utility impact study/analysis
showing the effect on existing and future area utility systems. Such
general description will be provided for informational purposes only
and shall not become part of the PD ordinance. Detailed plans for
water and wastewater service will be prepared and approved in accordance
with the town’s subdivision regulations.
(6)
A capital improvements study specifying the current and future capital
improvements, facilities expansion, and anticipated level of increase
in municipal services generated by the proposed PD District. Such
study shall include a description of any anticipated special, road,
flood, or utility districts which may be created to serve the PD District
as well as any potential impact on present and future ad valorem and
sales tax levels. Such study and description will be provided for
informational purposes only and shall not become part of the PD ordinance.
(7)
A general map showing areas of significant vegetation and tree groupings.
(8)
Any additional information the applicant feels may be beneficial
to the town in the evaluation of the application. Such additional
information will be provided for informational purposes only and may
become part of the PD ordinance.
(d)
Planned development review procedures.
(1)
An application for PD District zoning shall be processed in the same
manner as an application for a zoning change. Upon submission, review
and approval of the concept plan, the town shall adopt a PD ordinance
that will further identify the types, intensity and density of land
uses on the site. No actual construction shall commence on the site
or on any portion thereof unless and until a development plan has
been processed and approved. A development plan may provide for the
development of the entire tract or may provide for development to
occur in certain specified phases over a defined period of time. Approval
of the concept plan and the adoption of an ordinance designating the
tract as having PD Planned Development zoning shall reflect zoning
approval only of the basic concept and may not be implemented until
full development plan approval has been granted by the town council
for each section or phase. However, the approval of a concept plan
shall entitle the property owner to proceed with submission of one
or more appropriate development plans. A development plan may, however,
be submitted and considered simultaneously with a concept plan.
(2)
A development plan shall be consistent with the approved concept
plan and ordinance adopting the PD Planned Development zoning. Inconsistencies,
noncompliance or material variances between a development plan and
the approved concept plan shall be grounds for denial of the development
plan.
(3)
A development plan, when approved, shall become a part of the amending
zoning ordinance and shall be referenced on the official map. The
development plan shall include the following elements:
(A)
An accurate scale drawing showing the proposed streets and alleys;
proposed building sites or lots and dimensions; parking areas; areas
proposed for sidewalks, walkways, and pedestrian and bicycle paths;
areas proposed for dedication; areas proposed for parks, playgrounds,
golf courses, green belts and utility easements; areas proposed for
drainage easements; areas proposed for non-residential parking; proposed
school and municipal facilities sites and areas; and, proposed points
of ingress and egress from existing streets;
(B)
Elevations and/or perspective drawings of non-residential buildings
shall be required in order to ensure consistency in the relationship
between buildings to adjacent properties, open spaces, landscape features
and other features of the development plan. Such drawings need only
show the height, number of floors and exposures for access, light
and air, and shall not become a part of the amending zoning ordinance;
(C)
Material changes, if any, to the preliminary drainage study and a
topographical map with 2 foot interval contours showing drainage courses
and flood plain locations submitted with the application for the PD
District, which changes and map shall not become a part of the amending
zoning ordinance;
(D)
Screening and landscaping plans, and tree preservation and conservation
plans, if applicable;
(E)
Deed restrictions and covenants for residential areas and subdivisions
which shall not become a part of the amending zoning ordinance; and,
(F)
Site plans for non-residential building sites.
(4)
A development plan may be approved if:
(5)
The studies and analyses required to be submitted with a concept
plan which are noted as not to be a part of the PD ordinance shall
be used and considered by the council in determining whether the development
plan should be approved. The studies and analyses to be submitted
with a concept plan and with a development plan shall be used by the
council in determining whether a preliminary plat and final plat application
should be approved.
(e)
Amendments.
(1)
A minor amendment to a PD District (including minor amendments to
an approved concept plan) shall be defined as a change which: (1)
does not decrease lot coverage or increase density; (2) does not change
maximum structure height, setbacks, or required parking; and (3) does
not change access to the property or circulation within or adjacent
to the property.
(2)
In cases of minor amendments to a PD District (including amendments
to an approved concept plan), the town council shall be authorized
to approve such changes upon written application and explanation of
the requested change by the owner of the property. No further public
hearings shall be required.
(3)
Any other change to a PD District (including amendments to an approved
concept plan or development plan) shall be considered a change in
zoning and shall be processed through the normal rezoning procedure,
requiring public hearings before the planning and zoning commission
and town council.
(f)
Site plan approval.
(1)
Non-residential development.
Except as provided by the
PD ordinance, all non-residential development within a PD District
shall require site plan approval in accordance with this chapter.
Non-residential site plans may be approved if they: 1) comply with
the applicable PD ordinance; 2) comply with the other applicable provisions
of this chapter; and, 3) are in substantial conformance with the approved
concept plan and development plan.
(2)
Residential development.
Final plat approval shall constitute
site plan approval for residential development.
(3)
Mixed-use development.
If a development plan includes
both residential and non-residential development, only the non-residential
portion of the development plan shall require site plan approval.
If a development plan contains mixed-use lots or structures, site
plan review and approval shall be required.
(g)
Parking and street regulations.
All streets, alleys,
sidewalks and public rights-of-way shall be paved with concrete. Parking
shall be provided in accordance with this chapter unless otherwise
specifically provided by the PD ordinance.
(h)
Landscape plan approval.
Except as provided by the PD
ordinance, all development with a PD District shall require landscape
plan approval in accordance with this chapter.
(i)
List of property owners.
An applicant for a PD district
shall submit to the town with the initial application a list of the
names and addresses of all owners of real property located within
200 feet (inclusive of streets and alleys) of the property which is
the subject of the application for PD District zoning. Such list shall
be as indicated on the most recent municipal or county tax roll.
(j)
Filing and expiration deadline.
(1)
An application for a PD District shall be submitted to the planning
and zoning commission at least fifteen (15) days prior to the meeting
of the commission at which such application may first be considered.
A minimum of two (2) regularly scheduled meetings shall be required
for review. No public hearings shall be held until at least thirty
(30) days have elapsed following the submission and filing of the
application, concept plan and other required information. The planning
and zoning commission shall, upon consideration of the application,
the concept plan, and the information submitted therewith, shall make
its recommendation to the town council. The town council shall consider
the application, concept plan and other information, as well as the
recommendation of the commission, and shall approve or deny the application
or shall require the applicant to submit additional information or
make appropriate revisions to the materials submitted. A PD ordinance
may be adopted upon approval of the application, concept plan and
related information. A development plan shall be submitted to the
planning and zoning commission at least fifteen (15) days prior to
the meeting of the commission at which such development plan may first
be considered. The town council shall consider the application, concept
plan, development plan, studies, and other information, as well as
the recommendation of the commission, and shall approve or deny the
development plan and subsequent plat application or shall require
the applicant to submit additional information or make appropriate
revisions to the materials submitted.
(2)
If a development plan for all or a portion of a PD district is not
filed within 30 months from the approval of a concept plan and the
adoption of an ordinance granting PD zoning for a particular tract,
the planning and zoning commission and the town council may review
the concept plan and the ordinance granting PD zoning to determine
whether the underlying concepts and assumptions are still valid. If
any concepts and assumptions are no longer valid, a new concept plan
may be required or different zoning may be established for the tract.
(3)
If a project is not commenced and no preliminary plat application
has been filed within 24 months from the approval of a development
plan for a particular tract, the planning and zoning commission and
the town council may review the concept plan, the development plan
and the ordinance granting PD zoning to determine whether the underlying
concepts and assumptions are still valid. If any concepts and assumptions
are no longer valid, a new development plan may be required or different
zoning may be established for the tract.
(Ordinance 2004-1213-01 adopted 12/13/04; Ordinance 2006-1009-01, sec. I.A.7., adopted 10/9/06)
(a)
Purpose and intent.
The purpose of the mixed-use (MU)
district is to encourage the creation of a pedestrian oriented, mixed-use
urban environment, providing shopping, employment, housing, and business
and personal services. Mixed use is intended to be the focal point
of the community. This is achieved by promoting an efficient, compact
land use pattern; encouraging pedestrian activity; reducing the reliance
on private automobiles within the district; promoting a functional
and attractive community through the use of urban design principles;
and allowing developers flexibility in land use and site design. The
mixed-use district is to be an area with a mixture of moderately intense
uses that are developed over an identifiable core. Buildings are close
to and oriented toward the street. There is a connected street pattern,
shared parking, and pedestrian amenities
(b)
Business support services.
Cafeteria or limited service restaurant.
Consulting services (management, environmental, planning, design,
etc.).
Facilities support services.
Full service hotel.
Full-service restaurant.
Live/work unit.
Mixed-use building or structure.
Mixed-use land use.
Nonresidential building or structure.
Personal services.
Public buildings.
Research and development services (scientific, technological,
etc.).
Residential lofts.
Retail sales or service.
Single-family residential, detached dwelling unit.
Single-family residential, attached dwelling unit.
Specialty food store.
Streetscape treatments.
Definitions.
When used in this section, the following
words or phrases shall have the meanings ascribed to them, unless
the context clearly indicates otherwise:
Establishments that provide any of the following services:
document preparation, telephone answering, telemarketing, mailing,
court reporting, and steno typing. They may operate copy centers,
which provide photocopying, duplicating, blueprinting, or other copying
services besides printing. They may provide a range of support activities,
including mailing services, document copying, facsimiles, word processing,
on-site PC rental, and office product sales.
Establishments that provide food services where patrons order
or select items and pay before eating. Food and drink may be consumed
on premises, taken out, or delivered to customers’ location.
Some establishments in this subcategory may provide food services
in combination with selling alcoholic beverages. This subcategory
includes cafeterias, which use cafeteria-style serving equipment,
a refrigerated area, and self-service beverage dispensing equipment,
and which display food and drink items in a continuous cafeteria line.
Establishments that advise and assist businesses and other
organizations on management, scientific, and technological issues.
This class includes establishments that provide expertise in information
technologies; these may design, modify, test, support, or operate
hardware and software for clients.
Establishments that provide operating staff for support services
within a client’s facilities. They typically provide a combination
of services, such as janitorial, maintenance, trash disposal, security,
mail reception, and laundry services. They provide operating staff
to carry out these support activities, but are not involved with the
core activities of the client.
These establishments shall be defined as buildings with habitable
rooms or suites which are reserved for transient guests who rent the
rooms or suites on a daily basis, and with:
Full-service restaurants provide food services to patrons
who order and are served (i.e. waiter/waitress service) while seated
indoors or outdoors and pay after eating. They may provide this service
in combination with selling alcoholic beverages, providing takeout
services, or presenting live nontheatrical entertainment.
A live-work unit is a dwelling unit that is also used for
work purposes, provided that the work component is restricted to the
uses of professional offices, artist’s workshop, studio, or
other similar uses. Each individual unit may have commercial space
located on the street level.
A mixed-use building or structure is one in which at least
one of the upper floors of a commercial building has residential uses
(live-work or lofts) with retail or office uses at the other levels.
Mixed-use land use is the location of different land uses,
including commercial retail, office, residential, public, and other
uses in proximity to one another either in the same building or in
separate buildings but in the same development or block.
A nonresidential building or structure is one in which all
the floors are designated for office, retail, institutional, or any
other commercial use that is not a residential use.
This is a catchall category for all personal service establishments.
These establishments offer a wide range of personal services (clothing
alterations, shoe repair, dry cleaners, laundry, health and beauty
spas, tanning and nail salons, hair care, etc.).
Public buildings are buildings used for active government
or related functions, including public administration (executive and
judicial), courts, libraries, community centers, and public works
and public safety facilities.
Establishments in this category conduct research, or analyze,
in the physical, engineering, cognitive, or life sciences, such as
agriculture, electronics, ecology, biology, botany, biotechnology,
computers, chemistry, food, fisheries, forests, geology, health, mathematics,
medicine, oceanography, pharmacy, physics, veterinary, sociology,
psychology, language, behavior, or economics.
Residential lofts are typically residential units designed
to commercial standards (with high ceilings, open plans, and large
windows) located above street level commercial space.
Retail establishments form the final step in the distribution
of merchandise. They are organized to sell in small quantities to
many customers. Many have stores, but some also sell merchandise from
nonstores. Establishments in stores operate as fixed point-of-sale
locations, which are designed to attract walk-in customers. Retail
establishments often have displays of merchandise and sell to the
general public for personal or household consumption, though they
may also serve businesses and institutions. Some establishments may
further provide after-sales services, such as repair and installation.
A single-family detached residential unit is a freestanding
building on an individual lot or tract of land intended for occupancy
by one family.
A single-family attached residential unit is a building on
an individual lot or tract of land intended for occupancy by one family
that shares one or more common walls with similar adjacent units,
also on individual lots.
Specialty food stores primarily retail specialty food items,
such as coffee and tea (packaged), confectionery products (packaged),
nuts, spices, and gourmet foods.
Streetscape treatments shall include all improvements in
a right-of-way that create an attractive and safe pedestrian environment.
Treatments shall include street trees, street light standards, and
trash receptacles. Streetscape treatments may also include a range
of provisions such as paving materials, street/pedestrian/wayfinding
signs, media boxes, parking meters, utility boxes, seating, public
art/water features, bike racks, bollards, info kiosks, etc.
(c)
Schedule of uses.
The following tables indicate uses
allowable by category in mixed-use districts (“P” indicates
allowable or permitted by right; “SUP” means by special
use permit only). Uses not listed are not allowable unless otherwise
authorized by SUP.
|
Table 1
| |
|---|---|
|
Land Use Category
|
Use Status
|
|
Commercial Uses - Retail Sales or Service
|
|
|
* Antique shops
|
P
|
|
* Art galleries, dealers, sales and supplies
|
P
|
|
* Artists’ workshops and studios
|
P
|
|
* Beer, wine, and alcohol sales, on- and off-premises (1)
|
P
|
|
* Accessory buildings
|
SUP
|
|
* Bicycle sales and service
|
P
|
|
* Books, magazines, music, stationery, novelty, variety, etc.
|
P
|
|
* Camera and photographic supplies
|
P
|
|
* Clothing, jewelry, luggage, shoes, etc.
|
P
|
|
* Convenience store, no gasoline sales
|
P
|
|
* Cosmetic and beauty supplies
|
P
|
|
* Department store
|
P
|
|
* Electronics, appliances, computer, and software - sales, and
services
|
P
|
|
* Farmer’s market
|
SUP
|
|
* Florist
|
P
|
|
* Fruit and vegetable store
|
P
|
|
* Furniture or home furnishings
|
P
|
|
* Grocery store, supermarket, or bakery
|
P
|
|
* Hardware and home centers, etc.
|
P
|
|
* Optician and optical store
|
P
|
|
* Pet and pet supply store
|
P
|
|
* Pharmacy or drug stores
|
P
|
|
* Retail sales or service
|
|
|
* Specialty food store
|
P
|
|
* Sporting goods, toy and hobby, musical instruments
|
P
|
|
* Tailors and custom apparel makers
|
P
|
|
* Tobacco or tobacconist establishment
|
P
|
|
Commercial Uses - Finance, Insurance, and Real Estate
|
|
|
* Bank, credit union, or savings institution
|
P
|
|
* Fund, trust, or other financial establishment
|
P
|
|
* Investment banking, securities, and brokerage
|
P
|
|
* Insurance related establishment
|
P
|
|
* Real estate and property management services
|
P
|
|
Commercial Uses - Business, Professional, and Technical
Uses
|
|
|
* Accounting, tax bookkeeping, and payroll services
|
P
|
|
* Advertising, media, and photography services
|
P
|
|
* Animal and pet services, including grooming and training with
no outdoor kennels
|
P
|
|
* Architectural, engineering, and related services
|
P
|
|
* Offices and administrative services
|
P
|
|
* Business support services
|
P
|
|
* Consulting services (management, environment, etc.)
|
P
|
|
* Employment agency
|
P
|
|
* Facilities support services
|
P
|
|
* Graphic, industrial, and interior design
|
P
|
|
* Legal services
|
P
|
|
* Personal services
|
P
|
|
* Postal, courier and messenger services
|
P
|
|
* Research and development services (scientific technological,
etc.)
|
P
|
|
* Travel arrangement and reservation services
|
P
|
|
Commercial Uses - Food Service Uses
|
|
|
* Cafeteria, delicatessens, or limited service restaurant
|
P
|
|
* Full-service restaurant (no drive-through facility) with or
without outdoor seating
|
P
|
|
* Snack or nonalcoholic bar
|
P
|
|
Arts, Entertainment, and Recreation Uses
|
|
|
* Bowling, billiards, pool - indoor only
|
P
|
|
* Games arcade establishment
|
P
|
|
* Fitness, recreational sports, gym, or athletic club
|
P
|
|
* Indoor skating rink
|
P
|
|
* Miniature golf establishment - indoor only
|
P
|
|
* Museums and other special purpose recreational institutions
|
P
|
|
* Outdoor entertainment centers (including ball parks, miniature
golf, golf driving ranges, batting cages, carnivals, and similar uses)
|
SUP
|
|
* Parks, plazas, and playgrounds
|
P
|
|
* Theater, cinema, dance, or music establishment
|
P
|
|
Educational, Public Administration, Healthcare and Other
Institutional Uses
|
|
|
* Ambulatory and outpatient care services, including doctors,
dentists, chiropractors, optometrists, etc.
|
P
|
|
* Business associations and professional membership organizations
|
P
|
|
* Child day care and preschools
|
P
|
|
* Civic, social, and fraternal organizations
|
SUP
|
|
* Funeral homes, mortuaries, and services
|
SUP
|
|
* Hospitals
|
SUP
|
|
* Libraries and archives
|
P
|
|
* Judicial functions – Courts
|
P
|
|
* Nursing and other rehabilitative services
|
P
|
|
* Public administration - legislative and executive functions
|
P
|
|
* Public safety facilities
|
P
|
|
* Religious institutions
|
P
|
|
Residential Uses
|
|
|
* Full service hotels
|
P
|
|
* Live/work units
|
SUP
|
|
* Residential lofts
|
SUP
|
|
* Single-family residential detached dwelling unit
|
SUP
|
|
* Single-family residential attached dwelling unit
|
SUP
|
|
Other Uses
|
|
|
* Model homes for sales and promotion
|
SUP
|
|
* Parking, surface
|
P
|
|
* Parking, structured
|
SUP
|
|
* Sales from kiosks
|
SUP
|
|
(1)
|
No alcoholic beverage use or establishment shall be located
within three hundred (300) feet of a church, public school or public
hospital. Such measurement shall be made in accordance with the requirements
set forth in the Texas Alcoholic Beverage Code. However, the town
council may, upon application, grant a variance from the distance
requirements if it determines that enforcement of the regulation in
a particular instance is not in the best interest of the public, constitutes
waste or inefficient use of land or other resources, creates an undue
hardship on an applicant for a license or permit, does not serve its
intended purpose, is not effective or necessary, or for any other
reason the council, after consideration of the health, safety, and
welfare of the public and the equities of the situation, determines
is in the best interest of the community.
|
(d)
Development regulations.
The following development regulations
shall be applicable to structures within the MU district:
(1)
Building height.
Nonresidential and mixed-use buildings
shall not be less than twenty feet (20') (including parapet height)
in height nor more than 35 feet at the setback line to a maximum of
60 feet central to the property.
(A)
The height shall be measured from the sidewalk or ground surface
elevation along the side of the building fronting onto a public right-of-way
to the top of the roof for flat roofs (not the parapet) and the midpoint
for sloped roofs, and not along the side(s) of the building facing
onto interior portions of the block.
(B)
For buildings whose adjoining sidewalk or ground surfaces slope an
average of 5% or more as measured along portions of the building abutting
a public right-of-way, a maximum building height of thirty-five (35)
feet shall be permitted.
(2)
Dimensional standards.
All development within the MU
district shall conform to the standards described below:
|
Table 2. Density and Development Standards for MU District(1)
| |
|---|---|
|
Description
|
Requirement
|
|
Minimum acreage for mixed-use development
|
20 acres
|
|
Minimum lot width, freestanding buildings
|
24 feet
|
|
Minimum lot width, common-wall building
|
20 feet
|
|
Maximum setback from street (ROW)
|
0 feet(2)
|
|
Minimum rear setback
|
5 feet
|
|
Minimum side setback
|
0 feet(3)
|
|
Frontage occupancy
|
90%(4)
|
|
Minimum height, principal building
|
20 feet
|
|
Maximum height, principal building
|
2 stories
|
|
(1)
|
Special purpose lots, such as landscape lots and utility lots,
are exempted from these requirements.
|
|
(2)
|
When courtyards, patios with outdoor seating, are incorporated
into a site, the facade of the building may be recessed. Elements
of building articulation such as recessed storefront entries, steps,
stoops, and other access features shall qualify as portions of a facade
that meet the 0-foot setback.
|
|
(3)
|
Side wall requirements for separation from adjacent structures,
wall construction, and allowable openings for elements such as windows
and doors shall be regulated by the fire code.
|
|
(4)
|
Buildings and courtyards, patios with outdoor seating, and plazas
shall qualify towards the frontage occupancy if utilized for pedestrian
access.
|
(3)
Setback requirements.
(A)
Except as provided below, all required setbacks shall be free from
all encroachments such as accessory buildings or structures, eaves,
roof overhangs, box windows and fireplaces/chimneys. Air-conditioning
units and other ground-mounted mechanical equipment are exempt from
this requirement.
(B)
Structures may not encroach on any utility easements and utility
setbacks. Maximum setbacks shall be adjusted to accommodate conflicts
with utility easements.
(C)
When courtyards or patios with outdoor seating are incorporated,
the maximum front setback line shall be defined with a low wall, fence/gate,
or other defining feature.
(D)
Side setback areas that are part of the required frontage occupancy
may include outdoor areas such as courtyards, patios with outdoor
seating, and plazas. These areas may also serve as access to an alley
or rear parking areas.
(E)
Site furniture shall be permitted within the required setbacks.
(e)
Parking.
(1)
On-site parking.
If on-site surface-level parking is
proposed or required it shall be in accordance with the following
requirements in addition to standards provided in the Code of Ordinances:
(A)
Parking and access shall be permitted only on improved surfaces.
(B)
Wherever possible, alleys shall be utilized to access on-site parking
areas.
(C)
If a property owner desires vehicular access from the alley and the
alley is not improved, the property owner shall be responsible for
the necessary improvements from the alley entrance to the entrance
of the parking area.
(D)
Vehicular entrances and exits for all parking areas shall be no wider
than the minimum standard allowed by the city’s design and construction
standards.
(E)
On-site parking areas shall not be permitted in any street yard,
and all parking shall be set back a minimum of five feet from any
street-facing building facade.
(F)
All existing driveways that are no longer required for parking access
shall be removed and replaced with landscaping at the time of site
plan review and street improvements installed to match adjacent areas.
(G)
On-site parking areas visible from a public street shall be screened
by a building or wall, hedge or other landscaping screen that is at
least three feet in height.
(2)
On-street parking.
The applicant for a building permit
may provide interim on-street parking adjacent to the property if
the existing right-of-way will accommodate it. The materials, design
and location of the interim parking improvements shall be in accordance
with the mixed-use development and approved by the town.
(3)
Circulation.
Adequate circulation among and between
parking areas, service and loading areas, and adjacent properties
must be provided to facilitate vehicular circulation as well as public
safety access.
(f)
Fencing design standards.
The following standards apply
to fencing in the MU district:
(1)
Fences shall be constructed of brick, stone, or wrought iron. Other
decorative masonry materials or wrought iron equivalents may be approved
by the town council.
(2)
Fence posts shall be constructed of rust resistant metal parts, concrete-based
masonry or concrete pillars.
(3)
Fence posts and fence panels shall be capped.
(4)
All fences shall provide a finished face to the exterior of the property.
(g)
Landscaping.
(1)
Landscaping shall be installed in the MU district only in compliance
with the town’s Landscaping regulations.
(A)
Pervious concrete and pervious pavers for parking and maneuvering
areas are permitted. The town council may approve other permeable
surfaces.
(B)
Minor modifications to design and development standards may be permitted
to protect and accommodate protected trees as identified in the tree
preservation regulations.
(C)
15% of gross developed area shall be landscaped making 5% interior,
5% perimeter and 5% sidewalk landscaping[.]
(D)
Parking island/round about shall be a minimum of 600 square feet[.]
(h)
Design standards.
The following design standards apply
to all buildings in the MU district, with the exception of certain
expansions, as addressed in this section. Alternate design standards
may be approved by the town council to permit a more flexible or creative
design that still meets the intent of the MU district design standards.
(1)
Exterior wall finish.
The exterior finish of all buildings
shall be stone, brick, and/or three-step hard coat stucco, except
for doors, windows, accents, and trim. The use of wood shingles or
wood siding shall be limited to accent features.
(2)
Orientation requirements.
(A)
Buildings shall have their main entrance off a public street. Entrances
shall be easily accessible for pedestrians from the street, or the
sidewalk.
(B)
Where ramps or other accessibility-related structures are installed,
they shall be integrated into the building design by facing the structure
with the same exterior materials as the building, using the same masonry
material that was used in the landscape if applicable, or screening
structures behind planters and other landscape features.
(4)
Building elevation variation.
(A)
The length of walls facing public streets shall be broken into smaller
planes. Wall planes shall not extend more than an average of 35 feet
without an offset or interruption by a pilaster or structural frames,
change in roofline or architectural materials.
(B)
The composition of windows and other major features shall relate
to the wall plane between each offset or other feature identified
in the foregoing subsection.
(C)
A horizontal design feature between the first and second floors of
a building shall be included on the building’s primary facade.
Examples of design features delineating first and second floors include
awnings, canopies, transoms, moldings, balconies, pergolas, wainscoting,
decorative stone or brick band, or changes in color or texture.
(D)
Where a single occupant occupies more than 60 feet of street frontage
on the primary facade of a building, the primary facade shall appear
to have multiple primary entrances with no more than 50 feet between
entries.
(5)
Building articulation.
(A)
All buildings shall be designed to include varied relief to provide
interest and variety and to avoid monotony. This shall include details
that create shade and cast shadows to provide visual relief to the
buildings. Horizontal and vertical elements of exterior walls should
vary in height, design and projection to provide architectural interest
and style.
(B)
The following is a list of design features that may be used as part
of an integrated, comprehensive building design to provide architectural
interest and style. Such interest and style shall include a minimum
of five of the following:
|
*
|
Cornices.
|
|
*
|
Eaves.
|
|
*
|
Arched windows.
|
|
*
|
Gable windows.
|
|
*
|
Transom windows.
|
|
*
|
Multiple sashed and/or multiple-paned upper story windows.
|
|
*
|
Shutters.
|
|
*
|
Recessed storefront entryways.
|
|
*
|
Forecourt.
|
|
*
|
Shopfront.
|
|
*
|
Decorative stone or brick band.
|
|
*
|
Decorative tile.
|
|
*
|
Arcade/gallery.
|
|
*
|
Veranda, porch or balcony.
|
|
*
|
Variation of rooflines on the building.
|
|
*
|
Stone coursing around windows.
|
|
*
|
Simply designed secondary facades when compared to primary facades.
|
|
*
|
Metal canopies.
|
|
*
|
Fabric awnings that relate to window and door bays.
|
|
*
|
Other features as approved the zoning administrator.
|
(C)
For buildings with a primary facade length of greater than 120 feet,
offsets of at least two feet shall be required for every 60 feet of
building facade.
(6)
Windows.
In order to ensure appropriate proportion,
shape, position, location, pattern and size of windows on a building,
the following shall be required:
(A)
Windows shall be provided with relief. Examples include architectural
surround, trim, changes in color, and changes in texture or coursing.
(B)
The ground floor of the primary facade shall have a minimum of 60
percent glazing with light transmittance of 70 percent. The maximum
sill height shall be 24 inches; however, 18 inches is recommended.
(C)
Upper floors of the primary facade shall have a minimum of 30 percent
glazing.
(D)
At least 25 percent of the wall area on any side or rear elevation
facing a public street, park or plaza shall consist of glazing or
as permitted by the town’s building codes, whichever is less.
(E)
To assist with energy efficiency and solar gain the requirements
in this subsection may be reduced by the town council to the extent
that the required level or location of glazing conflicts with the
standards of the building code or a recognized green building program.
(7)
Glass.
Except for photovoltaic cells, mirrored glass
with a reflectivity of 20 percent or more is not permitted on the
exterior walls and roofs of buildings and structures.
(8)
Roof pitch.
The roof pitch for a structure that shares
a common or immediately abutting wall with another structure shall
not be visible from any portion of an adjacent right-of-way.
(9)
Roofing materials.
(A)
Roofing materials for pitched roofs shall consist of a minimum 25-year
architectural dimensional shingles, tile (clay, cement, natural or
manufactured stone), nonreflective prefinished metal, copper or other
similar materials as approved by the town council. Portions of the
roof screened by pitched roof sections shall be permitted to be flat
to provide for mechanical equipment wells or roof decks provided all
pitched sections of the roof meet the roofing material requirements.
(B)
All roof-mounted mechanical equipment shall be screened from public
view by parapets so as to not be visible from an abutting street,
public plaza or public open space. The parapet shall utilize the same
or similar materials as the principal structure.
(10)
Awnings and canopies.
Awnings and canopies attached
to buildings shall meet the following standards:
(A)
Awnings and canopies shall be placed so as to avoid obscuring
details of the building facade.
(B)
Fabric awnings for windows shall be a drop-front style, except
at arched window openings, and shall relate to each window or bay.
(C)
Awnings and canopies shall be placed so that there is a minimum
clearance of eight feet at its lowest point when over a sidewalk or
other pedestrian walkway.
(D)
Awnings and canopies may encroach up to ten feet or 66 percent
of the distance from the building face to the curb, whichever is less.
(11)
Signs.
All signs shall comply with the regulations set
forth in the town’s Code of Ordinances.
(i)
Expansions.
(1)
Expansions that are less than 35 percent of the existing gross floor
area shall meet the following criteria:
(A)
Expansions shall reflect the architectural style of the original
building, including roof, articulation, windows, doors, and exterior
finish. If the existing style is not desired for the expanded portion
of the structure, the expansion shall meet the design standards provided
in this section, as applicable.
(B)
Newly constructed portions of the building shall meet all applicable
density and development standards in this section.
(j)
Conversions.
(1)
Conversions in the MU district from single-family residential to
a nonresidential use shall meet the density and development standards
in this section[.]
(2)
Expansions in the gross floor area during the conversion process shall meet the standards in subsection (i) above, as applicable.
(3)
Driveways that access garages and carports shall no longer be permitted
to be used for that purpose. Driveways may still be used for circulation
and access to on-site parking in permitted locations if access from
an alley or secondary frontage is not possible.
(k)
Compatibility standards.
Compatibility standards are
intended to minimize the adverse impacts sometimes associated with
adjacent higher intensity development.
(1)
Visual screening.
Screening standards for detention/water
quality ponds, dumpsters, trash receptacles, outdoor storage, ground-mounted
equipment and other similar structures shall be met.
(2)
Noise.
Noise shall be regulated by the Code of Ordinances.
(3)
Lighting.
(A)
Building illumination.
(i)
Fully recessed downlights, gooseneck lights or other compact
fluorescent, incandescent, or light emitting diode fixtures appropriate
to the style of a building shall be used.
(ii)
Illumination of a facade to highlight architectural details
is permitted. Fixtures shall be small, shielded and directed toward
the building or downward rather than toward the street, residential
units or adjacent properties.
(B)
Site lighting design requirements.
(i)
Light source (lamp).
Only incandescent, compact
fluorescent, or light emitting diodes may be used. The same type shall
be used for the same or similar types of lighting on any one site
throughout a development.
(ii)
Mounting.
Fixtures shall be mounted in such a
manner that the cone of light does not cross any property line of
the site.
(iii)
Height of fixture.
The height of a freestanding
fixture shall not exceed 12 feet.
(C)
Excessive illumination.
(i)
Lighting within any lot that unnecessarily illuminates and substantially
interferes with the use or enjoyment of any other lot is not permitted.
Lighting unnecessarily illuminates another lot if it clearly exceeds
the requirements of this section, or if the standard could reasonably
be achieved in a manner that would not substantially interfere with
the use or enjoyment of neighboring properties.
(ii)
Lighting shall not be oriented so as to direct glare or excessive
illumination onto the street in a manner that may distract or interfere
with the vision of drivers on such streets.
(iii)
Uses requiring more illumination for security purposes may seek
approval from the zoning administrator.
(Ordinance 2017-0116-02 adopted 1/16/17)
