HomeMy WebLinkAboutORD 2006-36 - UDC Sections AmendmentAn Ordinance of the City Council of the City of Georgetown, Texas, amending the following
Sections of the Unified Development Code, Passed and Adopted on the 111h Day of March 2003,
as follows: 1.03.C. - "Applicability", 1.03.D. - "Applicability", Table 1.04.040 - "Zoning District
Names and Standards Changes", Table 2.01.020 - "Summary of Review Authority", 2.02.010.B.1.d.
- "Director of Planning and Development Services", 2.02.010.B.1.e. - "Director of Planning and
Development Services", 2.02.040.B. - `Building Official", 2.02.050 Urban Forester, 3.09,070 -"Site
Plan Review", 3.12.040 - "Master Sign Plan", 3.13.010 - "Certificate of Design Compliance",
3.13.020 - ""Certificate of Design Compliance", Table 4.01.010 - "Zoning Districts", 4.04.020.C. -
"Non -Residential Districts", 4.04.020.H. - "Non -Residential Districts, 4.04.020.I. - "Non -
Residential Districts, 4.04.030.A.6.a. - "Special Districts", 4.05.040.D.11 - "SP Standards for
Williams Drive (F.M. 2338), 4.06.0101. - "Downtown Overlay District Standards", Table 5.01,020
- "Types of Uses", 6.02.010 - "Residential Development Standards", Table 6.02.030 - "Housing
Type Dimensional Standards", Table 6.03.020 - "Non -Residential Dimensional Standards"",
6.03.040.B.1. - "Non -Residential Lot Dimensions Interpretations and Exceptions", 7.03.020.E.1. -
Requirements for Residential Housing Types", 7.03.060 - "Boundary Walls for Residential
Subdivisions", Chapter 8 - "Landscaping and Buffering", Table 9.02.030.A. - "Off Street Parking
Requirements", 9.02.060.1-1. - "Alternative Parking Plans in the Downtown Overlay District",
10.03.010.A. - "Exempt Signs", 10.03.020.H.- "Provisionally Exempt Signs", Table 10.06.010 -
"Sign Dimensional Standards", 10.07.010 - "Private Property", 11.02.010.A. - "Impervious Cover
Limitation Established", 12.02.020.1. - "General Requirements", 13.01.050 - "Subdivision
Development Exemption", 13.04.070 - "Utilities in Rural Subdivision", 13.06.030 - "Sanitary
Sewer System", 14.04.010 - "Compliance for Nonconforming Structures", 16.03.050.17. -
"Commercial Use Categories", and 16.04 - "Definition of Uses".; Repealing Conflicting
Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date.
WHEREAS, the City Council adopted the Unified Development Code (UDC) on March
11, 2003; and
WHEREAS, the City Council adopted Resolution No. 082404-BB on August 24, 2004
which outlines the annual amendment process for the UDC; and
WHEREAS,
the Planning and
Zoning Commission forwarded their
list of recommended
UDC amendments
to the City Council
following their meeting of October 4,
2005; and
WHEREAS, the City Council approved the list of proposed UDC amendments at their
meeting of October 11, 2005; and
WHEREAS, the City Council directed Staff to begin preparation of draft language for the
approved list of UDC amendments; and
WHEREAS, a Public Workshop was conducted on March 23 and March 30, 2006 to allow
for public review of the draft UDC amendments; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public
Hearing on April 4, 2006 to consider a recommendation to the City Council on these UDC
amendments; and
WHEREAS, the Planning and Zoning Commission at their meeting of April 4, 2006 made
a report to the City Council recommending approval of the proposed UDC amendments; and
NOW • ORDAINED BY THE CITY C! OF OF
GEORGETOWN,
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the Century Plan as follows:
Policy 1.0: The community enjoys the benefits of well -planned land use in which
conflicting needs are balanced.
Goal: Develop policies which enhance
the
quality
of life for the community while
preserving the unique character
and
natural
resources.
Strategy: Implement
the Unified Development
Code (UDC) to
ensure consistency of
the City's
development ordinances
to preserve
the character of the
community.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
SECTION 2. Sections 1.03(C) and 1.03(D) "Applicability" are hereby amended to read as
follows:
Section 1.03 Applicability
C. An applicant may elect at any time to use
this
Unified Development Code
in place of
previously applicable regulations, provided
that
this Code shall be applied in
its entirety
to such a project. However, any existing plat that has platted setbacks, which are in
conflict with the standards of the UDC, shall be subject to the setback provision of the
UDC. A waiver from the Planning and Zoning Commission shall be required to maintain
and utilize the platted setbacks.
1. Setback waivers, pursuant to this section, shall be processed through the Planning and
Zoning Commission subject to the factors outlined in Section 3.08.050 (I) "Waivers".
D. All RP, Residential Planned Zoning Districts approved prior to the effective date of this
Code that have not submitted a complete application for a Preliminary Plat or a Site Plan
are obsolete and are hereby repealed on the effective date of this Code. However, the RP,
Residential Planned Zoning Districts listed below may continue as a legal conforming use
provided, however that pursuant to Section 1.04.040 of the Code the zoning designation
shall be renamed from RP, Residential Planned to PUD, Planned Unit Development. In
addition, any of the projects listed below which have approved preliminary plans or Site
Plans shall be allowed to continue to seek development permits under the ordinances,
rules and regulations existing prior to the effective date of this Code, including, but not
limited to (i) development standards and (h) variances duly approved for each of said
Residential Planned Zoning Districts.
1. Katy Crossing
2. Sun City Georgetown
3. Georgetown Village
4. Village of River Bend
5. Parkview Place Apartments
6. University Park
7. Morrow Addition
8. College Place Condominiums
9. Dalrymple Addition
10. Cody Addition
11. Southwestern University
12. 401 West University Avenue (S.H. 29)
13. Wesley Subdivision
14. Snyder Addition
15. Dimmitt Addition
16. Lost Addition
17. Georgetown Municipal Airport
SECTION 3. Table 1.04.040 "District Name Changes" is hereby amended by placing an
asterisk before the C-2 district in the "New District Name" table and by providing a reference to
the asterisk at the bottom of the table that reads as follows: "The C-2, Downtown Commercial,
zoning district has been renamed to the "MU-DT" Mixed Use — Downtown zoning district."
SECTION 4. Table 2.01.020 "Summary of Review Authority" is hereby amended by
deleting "DM", which designates decision making authority, from "Master Sign Plan" under
"Planning Director"
and by
placing "DM" for "Master Sign Plan" under
the "Building Official"
making the Building
Official
the decision making authority for master sign
plans.
SECTION 5. Section 2.02.010(B)(1)(d)(e)and(f) "Director of Planning and Development
Services" is hereby amended by deleting "Temporary Use Permits" and "Master Sign Plans" as
follows:
Section 2.02.010 Director of Planning and Development Services
B. Powers and Duties
The Director of Planning and Development Services has the following powers and duties:
1. Final Action
The Director is
responsible
for taking final action
on the following procedures
described in this
code, subject
to the specific criteria for
each procedure as described in
the code.
a. Administrative Plats
b. Final Plats
c. Site Plans
d. Administrative Exceptions
SECTION 6. Section 2.02.040(B) 'Building Official" is hereby amended by adding
"Temporary Use Permits" and "Master Sign Plans" as follows:
Section 2.02.040 Building Official
B. Powers and Duties
The Building Official shall be responsible for taking final action on sign permits,
temporary use permits and master sign plans.
SECTION 7. Section 2.02 "Administrative Officials" is hereby amended by adding a
new Section 2.02.050 "Urban Forester" as follows:
Section 2.02.050 Urban Forester
A. Designation
The Parks and Recreation Director shall appoint an Urban Forester to function as
described in this Code. The Urban Forester must be a Certified Arborist as recognized by
the International Society of Arboriculture (ISA).
B. Powers and Duties
The duties of the Urban Forester shall include, but are not limited to, the review and
recommendation on plats, site plans and other development permits requiring compliance
with applicable sections of Chapter 8 (`Landscaping and Buffering") and Chapter 11
("Environmental Protection") governing the placement, replacement, maintenance and /
or preservation of trees.
SECTION S. Chapter 3 "Applications and Permits" is hereby amended by adding a new
Section 3.09.070 "Site Related Construction Plans" as follows:
Section 3.09.070 "Site Related Construction Plans
Where a Site Plan entails site construction, Construction Plans shall be required and must be
approved by the Development Engineer prior to any site construction. The plans shall be
submitted for all existing and proposed private and public parking, driveways, sidewalks,
drainage and utility improvements. Review of Site Related Construction Plans shall follow the
procedure set forth in Section 3.03.040.
A. Site Related Construction Plans must be consistent with the approved site plan.
B. For all public improvements the plans shall conform to the City's Construction
Specifications and Standard Manual and this Code.
C. For all private improvements, the plans shall conform to standard engineering practices
and must be sealed by a licensed Professional Engineer.
D. The materials, embedment and testing of all private main utility lines 6 inches and above
in diameter shall meet the requirements of the City's Construction Specifications and
Standard Manual and/or the approved City Building Codes.
E. The site construction plans shall meet the requirements of the City Drainage Manual.
SECTION
9.
Section
3.12.040 "Responsibility for
Final Action" is hereby amended by
adding a new Section
3.09.070
"Site Related Construction
Plans" as follows:
Section 3.12.040 Responsibility for Final Action
The Building Official is responsible for final action on Master Sign Plans. A sign permit shall also
be required in accordance with Section 3.18.
SECTION 10. Section 3.13.010(D) "Certificate of Design Compliance for Demolition" is
hereby amended as follows:
Section 3.13.010 Applicability
D. Certificate of Design Compliance for Demolition
1. No building or structure within the Downtown Overlay District, Old Town Overlay
District or any other historic Overlay District, or on the List of High Priority Structures
shall be demolished or relocated unless such demolition or relocation is approved by the
Historic and Architectural Review Commission and a Certificate of Design Compliance
for such demolition has been granted. However, this authority shall not supersede the
Building Official's authority under Chapter 15.40, "Dangerous Building Ordinance," of
the Georgetown Municipal Code.
2. No Certificate of Design Compliance shall be approved for demolition or removal of any
structure, except in accordance with the Dangerous Buildings provisions of Section 15.40
of the Georgetown Municipal Code, until there is an approved Certificate of Design
Compliance and/or Site Plan addressing what will be developed on the site after the
demolition or removal.
SECTION 11. Section 3.13.020 "Review Process" is hereby amended as follows:
Section 3.13.020 Review Process
A. Initiation
Initiation of a Certificate of Design Compliance may be made upon application by the
property owner of the affected property or their authorized agent.
B. Preapplication Conceptual Review for Major Projects
Projects that involve i nfill construction or the substantial rehabilitation of an existing structure
shall be required to submit preliminary information to the Historic and Architectural Review
Commission and to appear at the regularly scheduled meeting for conceptual review prior to
making an official application. Materials for the conceptual review will be submitted to the
Director
at
least seven (7) days before
the regularly scheduled meeting so that it can be
included
in
the packets
distributed to the
Commission.
C. Application
Application must be made in format consistent with requirements determined by the
Director. Applications must include all materials determined necessary by the Director.
Format requirements and materials required for the application shall be made available by the
Director in advance of any application.
D._ Completeness Determination
Upon submission of an application, the Director shall determine whether the application is
complete, as described in Section 3.02.040.
E. Staff Review
Once a. Certificate of Design Compliance has been initiated and the application deemed
complete, the Director shall review the application, considering any applicable criteria for
approval and prepare a report to the HARC.
1. The Director may establish procedures for administrative review necessary to ensure
compliance with this Code and state statutes.
2. The Director may assign staff or consultant to review the application and make a
preliminary report to the Director.
3. The Director's report may include a recommendation for final action.
SECTION 12. Table 4.01.010 "Zoning Districts" is hereby amended by renaming the "C-2,
Downtown Commercial" zoning district to "MU-DT, Mixed Use - Downtown" and adding the
"MU, Mixed Use" and "TOD, Transit Oriented Development" districts to the Non -Residential
Zoning Districts.
SECTION 13. Section 4.04.020 "Non -Residential Districts" is hereby amended by
modifying Section (C) and by adding new Sections (H) and (1) as follows:
4.04.020 Non -Residential Districts
A. Neighborhood Commercial (CN)
The Neighborhood Commercial District (CN) is intended to provide areas for commercial
activity such as sale of convenience goods and personal service businesses that primarily
serve nearby residential areas. No use that adversely affects the health, safety, welfare or
residential character of the neighborhood is allowed. Neighborhood commercial areas are
generally located within neighborhoods and have pedestrian access to adjacent residential
areas.
B. Local Commercial District (C-1)
The Local Commercial District (C-1) is intended to provide areas for commercial and retail
activities that primarily serve residential areas. Uses should have pedestrian access to adjacent
residential areas, but are not appropriate along residential streets or residential collectors.
C. Mixed Use Downtown District (MU-DT)
The Mixed Use Downtown District (MU-DTJ is intended to provide a location for a mix of
land uses including general commercial and retail activities, office use as well as single and
multi -family residential -in the downtown area. Individual uses are typically limited in size
although there may be regular and occasionally heavy traffic. The Mixed Use Downtown
District is only appropriate in the traditional downtown area of Georgetown.
D. General Commercial District (C-3)
The General Commercial District (C-3) is intended to provide a location for general
commercial and retail activities that serve the entire community and its visitors. Uses may be
large in scale and generate substantial traffic, making the C-3 District only appropriate along
freeways and major arterials.
E. Office District (OF)
The Office District (OF) is intended to provide a location for offices and related uses. The uses
allowed have relatively low traffic generation. Small areas of the OF District may be
appropriate adjacent to most residential uses, and as a transition between residential areas
and commercial areas.
F. Business Park District (BP)
The Business Park District (BP) is intended to provide a location for office, research, and light
industrial uses typically located as part of a large area with significant buffering from adjacent
uses. The BP District may be appropriate adjacent to most residential areas, provided that
there is adequate buffering and that there is pedestrian and vehicular access to the residential
area for workers in the business park. The BP District typically has more traffic than in an
office area, but fewer heavy vehicles than in an industrial area. Business parks often include
commercial activities such as restaurants, banks, day care and similar uses that are intended
only to serve the on -site community.
G. Industrial District (IN)
The Industrial District (IN) is intended to provide a location for low -intensity manufacturing
and industrial activities that may generate some nuisances. Industrial uses are not appropriate
adjacent to any residential uses. Traffic generation will likely include heavy vehicles, making
access to a minor or Major arterial or a freeway necessary. Unless separated by a major
arterial, the industrial District is not appropriate adjacent to any Residential District, except
the Agriculture (AG) District.
H. Mixed Use District (MU)
I. Transit Oriented Development District (TOD)
SECTION 14. Section 4.04.030(A)(6)(a) "Planned Unit Development" is hereby amended
as follows:
4.04.030 Special Districts
A. Planned Unit Development (PUD)
6. Revisions
a. Major revisions to an adopted Development Plan shall be reviewed and approved
following the procedures and requirements of Section 3.06 and shall include the following:
SECTION 15. Section 4.05.040(D)(11) "SP Standards for Williams Drive" is hereby
amended as follows:
Section 4.05.040 SP Standards for Williams Drive (F.M. 2338)
D. Special Site Design Standards
11. Required Yards
Minimum side yard shall be ten feet; Minimum rear yard shall be ten feet; Minimum front
yard shall be twenty-five feet, provided, however, that any building constructed after the
effective date of this ordinance shall maintain a front setback equal to the average of the front
setback of adjacent structures.
SECTION 16. Section 4,06.010 "Downtown Overlay District Standards" is hereby
amended by adding a new Section (F) "Demolition by Neglect" as follows:
Section 4.06.010 Downtown Overlay District Standards
4.06.010 General Provisions
F. Demolition by Neglect
1. No owner, or person with an interest in the real property, of a property located in the
Downtown Overlay District, Old Town Overlay District and any established Historic
Overlay District shall permit the property to fall into a serious state of disrepair so as
to result in deterioration which would, in the judgement of the Historic District
Planner and the Building Official, produce a detrimental effect upon the life and
character of the property itself.
2. Examples of such deterioration include, but are not limited to, the following:
i. deterioration of walls or other vertical supports;
ii. deterioration of roofs or other horizontal members;
iii. deterioration of exterior chimneys;
iv. deterioration of crumbling of exterior stucco or mortar;
v, ineffective waterproofing of exterior walls, roof, or foundations, including
broken windows or doors;
vi. deterioration of exterior walls, doors, windows or other means of interior access,
so as to create a danger of trespassing; or
vii. deteriorated plumbing and electrical systems affecting the exterior of the
structure; or
viii. deterioration of any exterior feature so as to create a hazardous condition which
could lead to the claim that demolition is necessary for the public safety.
3. The Building Official and Historic District Planner of the City of Georgetown shall
determine the "serious state of disrepair" in accordance with the most current form of
the International Property Maintenance Code.
4. Upon identification of any property in possible violation of this section, the Building
Official shall notify the property owner, or person with interest in the real property, of
the possible violation. Such notification shall be in writing and be mailed by certified
mail, return receipt requested. The notification shall state the nature of the possible
violation with sufficient specificity to enable the owner, or person with an interest in
the real property, to bring the property into compliance with this section. The
notification shall also state that the owner, or person with an interest in the real
property, shall have 90 days to bring the property into compliance with this section,
otherwise the Building Official will seek enforcement of this section under the
provisions of Chapter 1.08 — General Penalty, of the Georgetown Municipal Code.
After the expiration of the 90-day grace period the Building Official and Historic
District Planner will reinspect the property. If the property is still not in compliance
with this section, enforcement proceedings shall begin under Chapter 15.40 —
Dangerous Buildings, of the Georgetown Municipal Code.
5. Should compliance with this section require more than ordinary maintenance and
repair the property owner, or person with interest in the real property, shall still be
subject to Section 3.13 Certificate of Design Compliance.
SECTION 17. Table 5.01.020 "Permitted Uses by Zoning District" is hereby amended as
follows:
® Create two new non-residential zoning districts: MU (Mixed Use) and TOD (Transit
Oriented Development). Permitted uses shall be identified with the language: "See
Section 4.04.020 (H) for the permitted uses within the MU district"; and "See Section
4.04.020 (I) for the permitted uses within the TOD district".
® Rename the C-2, Downtown Commercial district to MU-DT, Mixed Use Downtown
district and prohibit the following uses: "All Major Utilities", "Fuel Service" and
"Vehicle service, Minor".
® Within" Commercial Uses"; "Vehicle Sales and Service"; change "Vehicle sales, rental
or leasing facility" from a "L" (Limited) use within the C-3 zoning district to an "SUP"
(Special Use Permit Required) within the C-3 zoning district.
SECTION 18. Section 6.02 "Residential Development Standards" is hereby amended by
renaming the "C-2, Downtown Commercial" zoning distinct to "MU-DT, Mixed Use
Downtown", as follows:
Section 6.02 Residential Development Standards
6.02.010 General
The standards listed in this Section are allowed by right unless otherwise expressly stated. The
project must comply with all of the applicable development standards of this Section. The project
must also comply with all other development standards of the base Zoning District and any
applicable specific use standards unless those standards are superceded by the standards in this
Section.
The development standards within this Section shall not apply to residential development within
the MU-DT, Mixed Use Downtown zoning district. Residential development within the MU-DT
district shall utilize the development standards of the MU-DT district provided in Table 6.03.020
"Non -Residential Lot and Dimensional Standards",
SECTION 19. Table 6.02.030 "Housing Type Dimensional Standards" is hereby amended
as follows:
® Delete the requirements for "Required Landscaping, min. %" and "Perimeter Buffer,
minimum feet" and replace with the language "See Chapter 8 - Landscaping and
Buffering".
® Under "NOTE" at the bottom of the Table add the following language: "For properties
greater than five (5) acres in size and / or located over the Edward Aquifer Recharge
Zone shall comply with the Impervious Cover Limitations established in Section 11.02
("Impervious Cover Limitations")".
SECTION 20. Table 6.03.020 "Non -Residential Lot and Dimensional Standards" is hereby
amended as follows:
® Create two new non-residential zoning districts: MU (Mixed Use) and TOD (Transit Oriented
Development). Development standards shall be identified with the language: "See Section
4.04.020 (H) for the development standards within the MU district"; and "See Section 4.04.020
(I) for the development standards within the TOD district".
® Rename the C-2, Downtown Commercial district to MU-DT, Mixed Use Downtown district
SECTION 21. Section 6.03.040(B)(1) "Non -Residential Lot Dimensions Interpretations and
Exceptions" is hereby amended by adding a reference to the primary facade of the primary
building as follows:
B. Required Yards (Setbacks)
1. Required Build -to Line
The minimum required Build -to Line is the percent of the primary facade of the primary
building required to be built within five feet of the edge of the public right-of-way along the
primary street adjacent to the lot. See definition of "Primary entrance and Building Facade"
in Chapter 16 for application of this provision to multi -building, and / or muti-tenant sites
SECTION 22. Section 7.03.020(E)(1) "Requirements for Residential Housing Types" is
hereby amended by clarifying that the 15-foot separation applies to primary buildings only, as
follows:
Section 7.03.020 "Requirements for Residential Housing Types"
1. A minimum building separation of 15 feet is required between all primary buildings on the
site.
SECTION 23.
Section7.03 "Residential Design
Standards" is
hereby amended by adding a
new Section 7.03.060
"Boundary Walls for Residential
Subdivisions"
as follows:
Section 7.03 Residential Design Standards
7.03.060 Boundary Walls for Residential Subdivisions
Any residential subdivision which is bounded on any side by a major collector, major or minor
arterial, or a freeway as defined by Sections 12.03.010(E), 12.03.010(F), 12.03.010(G), and
12.03.010(H), shall provide a six-foot (6') opaque masonry screening wall along said boundary.
SECTION 24. Table 9.02.030(A) "Off -Street Parking Requirements" is hereby amended
by deleting the duplication of the general parking requirement for "Place of Worship".
SECTION 25. Section 9.02.060(H) "Other Eligible Alternatives" is hereby amended by
adding the use of tandem spaces as a possible parking alternative, as follows:
9.02.060 Alternative Parking Plans in the Downtown Overlay District
H. Other Eligible Alternatives. The Historic and Architectural Review Commission may approve
any other alternative to providing off-street parking spaces on the site of the subject development
if the applicant demonstrates to the satisfaction of the City that the proposed plan will function
equally well in protecting surrounding neighborhoods, maintaining traffic circulation patterns
and promoting quality urban design than would strict compliance with otherwise applicable off-
street parking standards. Such alternatives may include, but are not limited to, the use of tandem
parking spaces.
SECTION 26. Section 10.03.010(A) "Exempt Signs" is hereby amended as follows:
Section 10.03 Signs Exempt from Regulations
Section 10.03.010 Exempt Signs
A. The following signs shall be exempt from regulation under this Code:
1. Any Public Notice, or warning required by a valid and applicable federal, state, or local
law, regulation, or ordinance;
2. Any sign inside a building, not attached to a window or door, that is not legible from a
distance of more than three feet beyond the lot line of the lot or parcel on which such sign
is located;
3. Holiday lights and decorations with no commercial message, but only between October 16
and January 15;
SECTION 27. Section 10.03.020(H) "Real Estate" is hereby as follows:
10.03.020 Provisionally Exempt Signs
H. Real Estate
One on -premises real estate sign, indicating that a property or any portion thereof is available for
inspection, sale, lease, rent by a Real Estate broker or property owner is permitted in compliance
with the following standards:
1. Sign is non -illuminated.
2. Sign is removed within 15 days after property closing or lease signing.
3. Signs in a residential area do not exceed six two square feet in area by five feet in height
with a two foot setback for each parcel, property, or structure.
4. Signs in a commercial area do not exceed 32 square feet.
5. One additional sign in conformance with other provisions of this Section may be allowed
on a site abutting more than one roadway.
6. Real Estate signs shall comply with the setback and height standards for the Zoning
District in which they are located, pursuant to Table 10.06.010.
SECTION 28. Table 10.06.010 "Sign Dimension by District" is hereby amended as follows:
Table 10.06.010 "Sign Dimensions by District"
® Under the Column "Zoning District" rename "C-2" to "MU-DT"; and within the Column
"Minimum Setback" provide a minimum setback of five (5) feet for all "Flag J Flag Pole"
listings.
SECTION 29. Section 10.07.010(A) "Private Property" is hereby amended by clarifying the
expiration date of a temporary sign as follows:
Section 10.07 Temporary Signs
10.07.010 Private Property
Temporary signs on private property, limited to banners and non-exempt window signs, are
allowed only upon issuance of a Temporary Sign Permit, which shall be subject to the following
requirements:
A. Term
A temporary sign permit allows the use of a temporary sign for no more than 45 days
from date of issuance.
B. Number
Only one temporary sign will be permitted at a time to the same business on the same lot.
C. Other Conditions
A temporary sign is allowed only in designated Districts and is subject to all other
requirements of that District.
SECTION 30. Section 11.02.010(A) "Impervious Cover Limitation Established" is hereby
amended by clarifying the Code references for Residential and Non -Residential development as
follows:
11.02.010 Impervious Cover Limitation Established
A. Applicability
No property greater than five acres in area platted or developed shall exceed the following
impervious cover limitations on a gross site area basis. Properties under five acres in area that are
located within the City limits must comply with the zoning (per lot) impervious cover limits set
forth in 6.02.030 for Residential or 6.03.020 for Non -Residential.
SECTION 31. Section 12.02.020 "General Requirements" is hereby amended by adding a
new section (I) regarding the establishment of public access easements as follows:
Section 12.02 Pedestrian and Bicycle Mobility
12.02.020 General Requirements
I. An easement shall be established to provide for public access for any sidewalk, pedestrian
path / trail / greenbelt, or bicycle trail identified within the City Sidewalk Master Plan,
Overall Transportation Plan or the Parks Recreation and Open Space Master Plan.
SECTION 32. Section 13.01.050 "Subdivision Development Exemption" is hereby
amended by adding the following language "or final plat of a resubdivision of four (4) or fewer
lots" as follows:
13.01.050 Subdivision Development Exemption
The provisions of this Chapter shall not apply to residential development processed as a minor
plat, or final plat of a resubdivision of four (4) or fewer lots, when eighty percent of the adjacent
lots are developed. The development shall provide infrastructure improvements to the same, or
similar, level as the adjacent lots.
SECTION 33. Section 13.04.070(A) "Wastewater Collection Systems" is hereby amended
as follows:
13,04,070 Utilities in Rural Subdivision
A. Wastewater Collection Systems
Wastewater service to rural subdivisions (as that term is used in Section 13.04.010) will normally
be provided through the use of Onsite Sewage Facilities (Septic Systems); however, the City shall
require the installation of improvements required for non -rural subdivision in accordance with
the provisions of Section 13.06, when:
1. An approved public sanitary sewer collection main or outfall line with is within one-half
mile of the furthermost property line of the tract; or ,
2. An approved public sanitary sewer collection main or outfall line is not within one-half
mile of the furthermost property line of the tract, but the extension of a sanitary sewer
collection main or outfall is scheduled in the City's Capital Improvements Program to
occur within five years from the date of Preliminary Plat approval.
SECTION 34. Section 13.06.030(A) "Sanitary Sewer System Required" and (B) "General
Sanitary Sewer System Design" are hereby amended as follows:
13.06 Water and Wastewater Standards
13.06.030 Sanitary Sewer System
A. Sanitary Sewer System Required
Subdividers shall be responsible for providing an approved public sanitary sewer system,
consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots,
parcels, or tracts of land will be served by either an Onsite Sanitary Sewer Facility (Septic
System), or by a public wastewater collection system, as provided in this Section:
1. Where an approved public sanitary sewer collection main or outfall line is less than one-
half mile away from the property boundary and connection to the system is both possible
and permissible, the subdivider shall be required to install a public wastewater collection
system and shall bear the cost of connecting the subdivision to such existing wastewater
collection system.
2. Where an approved public wastewater collection main or outfall line is more than one-
half mile away from the property boundary, and where the extension of a sanitary sewer
collection main or outfall lines is scheduled in the City's Capital Improvements Plan to be
completed to a point within one-half mile away from the property boundary within five
(5) years from the date of the Preliminary Plat approval, the subdivider shall be required
to install a public wastewater collection system and shall bear the cost of connecting the
subdivision to such existing wastewater collection system
3. Where an approved public wastewater collection main or outfall line is more than one-
half mile away from the property boundary, and where the extension of a sanitary sewer
collection main or outfall lines is not scheduled in the City's Capital Improvements Plan to
be completed to a point within one-half mile away from the property boundary within
five (5) years from the date of the Preliminary Plat approval, the subdivider may install
Onsite Sanitary Sewer Facilities to serve each lot.
4. Under extraordinary circumstances (e.g., topography), the Citv may allow a subdivider to
attempt to demonstrate that the installation of a public wastewater collection system is, on
a per unit, cost -benefit basis, not technically feasible and cost prohibitive as compared to
an Onsite Sewer System (Septic System) and an Onsite Sewer Facility (Septic System)
should service the property(ies), rather than a public wastewater collection system. The
Georgetown Utility System Advisory Board shall consider the subdivider's analysis and
make a recommendation with regard to same for final determination by the City Council,
B. General Sanitary Sewer System Design
1. All new public sanitary sewer systems shall be designed and constructed to conform with
the City's Construction Standards and Specifications and to operate on a gravity flow
basis.
2. The design and construction of a all sanitary sewer systems, whether consisting of an
Onsite Sewer Facility (Septic System) or connection to an approved wastewater collection
system, shall comply with regulations covering extension of public sanitary sewer systems
adopted by the Texas Commission on Environmental Quality and any entity or agency
having jurisdiction, and with the City's design and construction standards.
3. For new subdivisions required to connect to a public wastewater collection system and
whose intensity level is greater than one (1) lot per acre, the public wastewater collection
system must be designed to operate on a gravity flow basis by taking advantage of natural
topographic conditions and thereby reducing the need for lift stations.
4. For new subdivisions required to connect to a public wastewaer collectin system and
whose intensity level is less than one (1) lot per acre, the public sanitary sewer system may
be designed to operate using low pressure, vacuum, or gravity flow systems by taking
advantage of natural topographic conditions and minimizing the need for lift stations.
5. The main size for wastewater improvements shall be a minimum diameter of S inches.
SECTION 35. Section 14.04.010 "Compliance for Nonconforming Strucutres" is hereby
amended by adding new Sections (D) and (E) as follows:
Section 14.04 Nonconforming Structures
14.04.010 Compliance for Nonconforming Structures
D. Whenever the legal use of a nonconforming structure has been discontinued for a period of
twelve months or more all nonconforming rights shall cease. Any use of the structure
following this twelve-month period shall require alteration of the structure in conformance
with the applicable provisions of this Code.
E. Any nonconforming structure that undergoes a change in use from its current use category to
a different use category, as described in Section 16.03, shall be required to bring the following
items into conformance with the provisions of this Code:
1. Off -Street Parking pursuant to Chapter 9;
2, Parking Lot Screening pursuant to Section 8.05.010;
3. Landscaping for Boundary Buffer pursuant to Section 8.04;
4. Sidewalk Installation pursuant to Section 12.02; and
5. Gateway Landscaping (if applicable) pursuant to Section 8.06.
6. Driveway design standards pursuant to Chapter 12.
SECTION 36. Section 16.03.050(F) "Retail Sales and Service" is hereby amended by
moving 'Banks" from "Personal Service Oriented" to "Sales -Oriented" within the "Examples"
column.
SECTION 37. Section 16.04 "Definitions of Uses" is hereby amended by modifying Item
(2) under the definition of "Restaurant, Fast Food" as follows:
Section 16.04 Definitions of Uses
Restaurant, Fast Food. An establishment engaged in the preparation and retail sale of food and
beverages in a ready -to -consume state, with one or more of the following characteristics:
1. it serves ready -to -eat foods, frozen deserts, or beverages in edible or paper, plastic or
disposable containers;
2. it serves foods that customers carry to the restaurant's seating facilities; or
3. it serves foods through a pass -through window, (which includes any and all drive-in
restaurants).
4. For Fast Food Restaurants licensed to serve alcoholic beverages the gross receipts for
alcoholic beverages shall not exceed fifty (50%) percent of the total gross receipts.
SECTION 38. All ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 39. If any provision of this Ordinance or the UDC, or application thereof, to any
person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 40. This Ordinance shall become effective immediately upon its final adoption.
PASSED AND APPROVED on First Reading on the 25th day of April 2006.
PASSED AND APPROVED on Second Reading on the 9th day of May 2006,
ATTEST:
C' tary
Approved as to Form:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
THE CITY OF GEORGETOWN
elon, Mayor