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HomeMy WebLinkAboutORD 2010-16 - UDC AmendmentsOrdinance No. 10 1& An Ordinance of the City Council of the City of Georgetown, Texas, amending the Unified Development Code, Passed and Adopted on the 11'h Day of March 2003, as follows: Chapter 1 "General Provisions"; Chapter 2 "Review Authority"; Chapter 3 "Applications and Permits"; Chapter 6 "Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards"; Chapter 7 "Non -Residential Zoning Districts: Lot, Dimensional and Design Standards"; Chapter 8 "Landscaping and Buffering"; Chapter 9 "Off -Street Parking and Loading"; Chapter 10 "Sign Standards"; Chapter 12 "Pedestrian and Vehicle Circulation"; Repealing Chapter 5 "Zoning Use Regulations"; Chapter 14 "Nonconformities"; Chapter 15 "Enforcement", and Chapter 16 "Reference"; and Adding new Chapter 5 "Zoning Uses"; Chapter 14 "Nonconformities"; Chapter 15 "Enforcement"; and Chapter 16 "Definitions"; and amending the Code of Ordinances Chapter 2.48 "City Planning and Zoning Commission" and Chapter 12.44 "Obstruction of View in Public Ways"; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date and providing for a Penalty for up to $2,000 for a violation thereof. WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, the City Council adopted Resolution 102808-S on October 28, 2008, establishing a new annual amendment process to the Unified Development Code that included a UDC Task Force group comprised of members of the public; and WHEREAS, the amendment process established has been followed as described; and WHEREAS, the Planning and Zoning Commission reviewed the list of proposed amendments at a special meeting with the UDC Task Force on October 27, 2008, and recommended that the list be forwarded to the City Council for review; and WHEREAS, the City Council reviewed the list of proposed amendments at their regular meeting on October 28, 2008, and directed to staff to begin preparation of the draft language; and WHEREAS, the adopted Resolution established that some items on the proposed list of amendments would not be on the initial schedule for public hearing and consideration; and WHEREAS, the amendments contained in this ordinance are the fourth in a series of items the Task Force considered and completed for deliberation by Planning and Zoning and City Council; and WHEREAS, the Task Force conducted numerous open meetings to consider the amendment items; and WHEREAS, public workshops were conducted on March 31, 2010 and April 1, 2010; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of April 6, 2010, and recommended approval of the amendments to the City Council, with the recommendation that Section 14.02.060 Option 1 be approved; and WHEREAS, the City Council directed staff to work with the auto dealerships along IH 35 to possibly establish an overlay zoning district that would provide rules and regulations designed specifically for that type of business; and WHEREAS, based on the review by staff, the Auto Dealership Task Force, and the UDC Task, the Council has chosen to make amendments to the UDC that address signage and other site issues rather than an establishing an overlay district; and WHEREAS, the City Council believes that car dealerships located along the southern portion of IH 35 near Westinghouse Road have unique product, marketing and outdoor display conditions due to the IH 35 traffic speed, the potential for multiple corporate tenants at one location, and the close proximity of dealerships to one another that may be addressed within the UDC. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: 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 2030 Comprehensive Plan, Thoroughfare Plan, and Land Use Element as follows: Vision Statement 4: Effective Governance 4.1: Efficient, Responsive Government 4.1.A: Our City government retains its reputation for providing a high level of responsiveness to citizens and in exercising visionary leadership in planning and investing for the future. 4.1.13: We have created and enforced innovative, effective, and fair regulatory codes and development standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Land Use Goals, Policies, and Actions: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. 1C: Establish standards appropriate for new residential development pertaining to lot sizes, open space, buffers, road connectivity, etc. 2A: Remove present inadvertent impediments to infill and re -investment in older, developed areas. 2D1: Ensure that public and private initiatives preserve and enhance historic resources. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statement or Goal, Policy, and Action. SECTION 2. Portions or all of the following chapters of the Unified Development Code are hereby amended as described in Exhibits "A" through "M": Exhibit A — Exhibit B — Exhibit C — Exhibit D — Exhibit E — Exhibit F — Exhibit G — Exhibit H — Exhibit I — Exhibit J — Exhibit K — Exhibit L — 0 v A IT n r\ In , / Chapter 1 General Provisions Chapter 2 Review Authority Chapter 3 Applications and Permits Chapter 5 Zoning Uses Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards Chapter 7 Non -Residential Zoning Districts: Lot, Dimensional and Design Standard Chapter 8 Landscaping and Buffering Chapter 9 Off -Street Parking and Loading Chapter 10 Sign Standards Chapter 12 Pedestrian and Vehicle Circulation Chapter 14 Nonconformities Chapter 15 Enforcement Exhibit M — Chapter 16 Definitions SECTION 3. The Unified Development Code is hereby amended further to permit the Director to make additions to the text for directional references to other provisions in the UDC in order to clarify for readers any additional or relevant regulations. For example, "see Section X for driveway standards." SECTION 4. The Unified Development Code is hereby amended further to permit the Director to remove all references to past amendment ordinances within the body of the text and replace with an appendix that lists all amendments and their corresponding ordinance numbers and adoption dates. SECTION 5. The Unified Development Code is hereby amended further to permit the Director to redesign, re -label, and re -order any tables, lists or graphics for clarity. SECTION 6. Portions or all of Chapter 2.48 and Chapter 12.44 of the Code of Ordinances entitled "City Planning and Zoning Commission" and "Obstruction of View in Public Ways ", respectively, are hereby amended as shown on Exhibit "N" attached hereto and incorporated herein. SECTION 7. All ordinances that are in conflict with the provisions of this ordinance are, 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 8. 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 9. This Ordinance shall become effective on June 1, 2010 and the caption shall be published in accordance with the provisions of the City Charter, PASSED AND APPROVED on First Reading on the 27th day of April 2010, PASSED AND APPROVED on Second Reading on the 11th day of May 2010. ATTEST: V-A *-� "% rti h t r THE CITY OF GEORGETOWN George Garver, Mayor t`i City Secretary Approved as to Form: Mark Sokolow City Attorney Exhibit A This Ordinance is hereby officially known and cited as the Unified Development Code of the City of Georgetown, Texas. References to "this Code," "this code" or "this UDC" shall be interpreted as references to this Unified Development Code. In the interpretation of provisions in this Code certain terms and words are defined in Chapter 16 or, if not, resort to their customarj usage and meaning. For the purposes of using this Code, words used or defined in one tense or form shall include other tenses and derivative�f-Orrns words in the singular number shall include the plural number and words in the1p ural number shall include the singular number. The word "shall" is mandatory. The word caption number, illustration or Table the text shall control unless otherNvise specifically noted herein. 1 i 1 r • •a- • ' • • • IMESTOXITAISTOWTOM Mif Whether you live inside or outside the city limits, you may not develop or disturb your land (see Section 16.05 for definition of "Land Disturbance") until you have properly subdivided or platted your parcel. The procedures that you will need to follow are explained in Section 3.o8. B. If you want to build or establish a particular use on your property: t. Step One: You should first determine jyhat kind of use you desire to establish.. Ge te the Use Gategefies in Seetieii what yeu ,ant to establish. (The Planning and LGVL1V t1.11 L lJAlffien t fnaifttains and alphabefieal list ef all uses diseussed in this Cede.) You can usually determine the use by referencing the Use Categories and specific uses found in Chapter 5 Refer to the definitions of the specific uses in Chapter 16 to help you determine the use that best describes what you want to establish. z. Step Two: You should next determine the Zoning District (and any Overlay Districts) that applyies to your property. The official zoning map, available at the Planning and Development Department office shew the Picts the zoning designation for every parcel of land in the city limits of Georgetown.- eorgetown If your property is in +1, >;TT ne use ntfels are established i this rr a not in the city limits no zoning designations or requirements apply, but some development standards and requirements do apply. Yeil shetrldleek at- Read Section fl. 01.020 to identify which applications or permits you must acquire before you build. 3. Step Three: For eity residents, ge to properties in the ci y limits, locate the Use Tables in Chapter 5. Find the row that lists the use eategefy er specific use r�� � Xa� t fie you are interested in. Match this row to your zoning district designation (across the top of the table) to determine whether the use you want to establish is permitted in the district. Step Four: If your use is permitted,' beer^building the s+~„^tur-e e establishing the use, -You must get any appropriate applications approved (see Chapter 3) and comply with the applicable development standards of this Code (see Chapters r ti..,,^.,g i2 -)-before building the structure or establishing the use. These requirements are intended to help you and the City ensure that your project is legally established and that it matches the development vision that the community desires. C. If you own or lease property and want to know what rules apply: Follow Steps Two through Four above to identify your zoning district and the permitted uses. You can find the specific details for the uses in your Zoning District in Seetiens -i6.^3 and ~ &eChanter, a l ththe definitions found in Chapter 16. You can also find the various development standards that may apply to your property in Chapters 54 through 12. D. If you want to change your Zoning District: Only the City Council may rezone property, following Public Notice and Public Hearings indent at meetings of the Planning and Zoning Commission and the City Council. See Section 3.03 for Public Notice requirements and Section 3.06 for Rezoning requirements. Section 1.03 Applicability C An applicant may elect at any time to use this Unified Development Code in place of previously pplicable regulations, provided that this Code shall then be applied in its entirety to such a project. ED. Any existing plat that has wed setbacks ieh that are in conflict with the standards of the UPC,, this Code shall be subject to the setbacks noted on the plat and none other shall apply . ^ Nvaiver- f' fl4p lanning and Zoning Commission shall be required to utilize the les net Page 2 of 2 Exhibit B 2.01.020 Summary of Review Authority The following Table summarizes the decision-making authority of each review body for the City of Georgetown. Page 1 of 7 Heritage Tree Protection Priority DM R R A Certificate of Design Compliance Administrative DM A Courthouse View Height Determination DM A License to Encroach DM A Historic and Architectural Review Commission (HAR ) Action Certificate of Design Compliance R <DM> A Master Sion Plan R <DM> A HARC Exception(Building Height/Setback/ R DM A Alternative Parkin Plan Heritage Tree Protection Priority R R R DM A Zoning Board of Adjustment (ZBA) Action Appeal of Admin Decision (Zening) <DM> Special Exception R <DM> Variance {Zoning} <DM> Planning and Zoning Commission' Minor or Final Plat wl Waiver R R DM A Preliminary Plat R R DM A Plat Waiver R R DM A Heritage Tree Protection Priority R R R DM A Variance (floodplain & stormwater <DM> R — Review or Recommendation DM — Decision Making Authority A — Appeal Authority < > - Public Hearing 2.02.010 Director of Planning and Development Department (Director) A. Appointment The City Manager shall appoint a Director of the Planning and Development Department (Director) to be the administrator of this Unified Development Code. In the absence of a Director of the Planninz and Development Department, the Communitv Development Director shall serve in that capaci B. Powers and Duties Page 2 of 7 The Director shall review and make either a report or recommendation to the Historic and Architectural Review Commission, Zoning Board of Adjustment, Planning & Zoning Commission or City Council on the following procedures, subject to the terms and conditions set forth for such procedures in this Code. a. Comprehensive Plan Amendment b. Unified Development Code Text Amendment c. Rezoning (Zoning Map Amendment) d. Historic District Designation e. Special Use Permit f. Certificate of Design Compliance g. Preliminary Plat h. Development Agreement i. Access Point Connection Exemption j. Variance k. Special Exce tp icon 2.02.040 Building Official A. Designation In addition to the Mowers granted to the Building Official in Chapter 2.32 of the City Code of Ordinances tThe Director shall designate the Building Official for the City of Georgetown to review and approve sign permits, certificates of occupancy, conditional certificates of occupancy temporaiti certificates of occupancy, temporary use permits, sign permits and master sign plans. This Section does not restrict the powers and duties of the Building Official granted or assigned by other Sections of the City's Code of Ordinances. B. Powers and Duties The Building Official shall be responsible for taking final action on certificates of occupancy conditional certificates of occupancy, temporary certificates of occupancy, sign permits, temporary use permits and master sign plans. C. Inspectors The City's Building Inspectors are authorized designees of the Building Official. D. Code Enforcement Officers The City's Code Enforcement Officers are authorized designees of the Building Official, Page 3 of 7 Section 2.03 Historic & Architectural Review Commission 2.03.010 Powers and Duties The Historic and Architectural Review Commission has the following powers and duties as described in this Code: A. Final Action The HARC shall be responsible for Hearing and taking final action on the n „ . , , ., 11 .10 ti , 1. Certificate of Design Compliance; 2. HARC Exceptions Aut4&fige (Building Height and Setback variations pursuant to Section 4 08 02o and an Alternative Parking Plan pursuant to Section 9.02.o60); z3. Heritage Tree Protection Priority pursuant to Section 11.0�.o80.K. B. Review and Recommendation The HARC shall review and make recommendations to the City Council on the designation of Historic Districts, subject to the terms and conditions set forth for the procedure in this Code. C. Additional Duties The HARC has the following additional duties: 1. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; and 2. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the Downtown Old Town and Historic Overlay Districts, 3. Hear and decide an appeal of an Administrative Certificate of Design Compliance; 2.03.020 Membership and By -Laws The HARC shall be constituted and conduct all activities in accordance with Chapter 214 of the Texas Local Government Code the City Charter, Chapter 2 of the City's Code of Ordinances, and any adopted By -Laws. Page 4 of 7 wa AW NORMAN ANMEW a OWN •a E M a . • • a � z3. Heritage Tree Protection Priority pursuant to Section 11.0�.o80.K. B. Review and Recommendation The HARC shall review and make recommendations to the City Council on the designation of Historic Districts, subject to the terms and conditions set forth for the procedure in this Code. C. Additional Duties The HARC has the following additional duties: 1. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; and 2. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the Downtown Old Town and Historic Overlay Districts, 3. Hear and decide an appeal of an Administrative Certificate of Design Compliance; 2.03.020 Membership and By -Laws The HARC shall be constituted and conduct all activities in accordance with Chapter 214 of the Texas Local Government Code the City Charter, Chapter 2 of the City's Code of Ordinances, and any adopted By -Laws. Page 4 of 7 Pursuant to Section 211.009 of the Texas Local Government Code, the Zoning Board of Adjustment may: A. Hear and decide an appeal that alleges error in an order, requirement, decision or determination make by an Administrative Official (see Section 2.02) in the enforcement of this Codex B. Hear and decide Special Exceptions when this Code requires the Board to do SO, C. Authorize in specific cases a Variance from the zoning requirements of this unnecessary hardship, and so that the spirit of the ordinance is observed and substantial.justice is done. •. awn amftwAummu .- A. Final Aetwen (B The hall be responsible for Haring and taking 1[� SS1 iL11 final on the Cil. L1,J11 Vll 41.14. action Appeals Temper-afy 96. Appeal of an AdministT-afive Deeision 2.04.020 Membership and By -Laws The Zoning Board of Adjustment shall be constituted and conduct all activities in accordance with the City Charter, Chapter 2 of the City's Code of Ordinances, and any adopted By -Laws. 2.04.030 General Rules for Zoning Board of Adjustment Matters In exercising its authority under Section 2.04.010 A), the Board may reverse or affirm, in whole or in part or modify the Administrative Official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement decision or determination, as provided for by Chapter 211 the Texas Local Government Code. Section 2,OS Planning & Zoning Commission (Commission or ►:: ! 1 J 07 r. f Page 5 of 7 A. Final Aetwen (B The hall be responsible for Haring and taking 1[� SS1 iL11 final on the Cil. L1,J11 Vll 41.14. action Appeals Temper-afy 96. Appeal of an AdministT-afive Deeision (Zoning) and of Use and Sign Pefmitss 2. \I^,Ylln /'./l.(� ZCJ V l this Code) 2.04.020 Membership and By -Laws The Zoning Board of Adjustment shall be constituted and conduct all activities in accordance with the City Charter, Chapter 2 of the City's Code of Ordinances, and any adopted By -Laws. 2.04.030 General Rules for Zoning Board of Adjustment Matters In exercising its authority under Section 2.04.010 A), the Board may reverse or affirm, in whole or in part or modify the Administrative Official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement decision or determination, as provided for by Chapter 211 the Texas Local Government Code. Section 2,OS Planning & Zoning Commission (Commission or ►:: ! 1 J 07 r. f Page 5 of 7 The Planning and Zoning Commission has the following powers and duties as described in this Code: A. Final Action The Planning and Zoning Commission shall be responsible for considering and taking final action on the following procedures described in Table 2.01.02o and this Code: 1. Preliminary Plat; 2. Combined Preliminary and Final Plat pursuant to Section ,.08.o5o.A.2. -2,rj. Plat Waiver; Minor or Final Plat subject M :: r.prl .,. Administrative Plat that the M Jl:. tutgov% t.fte.al: tet tlM���A�A The Planning and Zoning Commission has the following powers and duties as described in this Code: A. Final Action The Planning and Zoning Commission shall be responsible for considering and taking final action on the following procedures described in Table 2.01.02o and this Code: 1. Preliminary Plat; 2. Combined Preliminary and Final Plat pursuant to Section ,.08.o5o.A.2. -2,rj. Plat Waiver; Minor or Final Plat subject to a Plat Waiver .,. Administrative Plat that the Director refers to the Commission or one that the Director cannot approve. ,i6 Variance from the floodplain and stormwater management regulations of this Code if the Variance is not contrary to the public interest and, due to special conditions a literal enforcement of this ordinance would result in unnecessary hardshim and so that the spirit of the ordinance is observed and substantial justice is done. Be Review and Recommendation The Commission shall review and make recommendations to the City Council on the following subject to the terms and conditions set forth for the procedure in this Code: 1. Comprehensive Plan Amendment; 2 UDC Text Amendment,• 2. Rezoning (Zoning Map Amendment}: 4. Special Use Permits; 5. Development Agreement; 6. Access Point Connection Exemption. C. Additional Duties The Commission has the following additional duties: 1 Authorize a Heritage Tree Protection Priority determination pursuant to Section 11.o3.o80.K; 2. Hear and decide an appeal of an Administrative Decision on the follo�tiing applications: a. Site Plan Page 6 of 7 b. Construction Plans c. Stormwater Permit d. Driveway Permit ! • �,;- xFi T#Ts I I The Planning & Zoning Commission shall be constituted, have the powers and duties, and conduct all activities in accordance with Chapters 211 and 212 of the Texas Local Government Code, the City Charter, Chapter 2 of the City's Code of Ordinances, and any adopted By -Laws. The City Council shall be constituted, have the powers and duties, and conduct all activities in accordance lArith Chapters 42,_4,% 211 a -Rd 212, and 216 of the Texas Local Government Code, the City Charter, Chapter Two of the City's Code of Ordinances, and any adopted By -Laws. The Council shall Hear and decide appeals pursuant to Table 2.01.02o and this Code. 1. The Parks and Recreation Director shall provide review and recommendation for projects requiring less than 3 acres of dedication or payment of fees -in -lieu of parkland dedication. The Parks and Recreation Director may defer these projects to the Parks and Recreation Board for review and recommendation for any reason. Page 7 of 7 Exhibit C City Limits Extraterritorial Jurisdiction Prior to Subdivision, Platting and any Development Comprehensive Plan Amendment X X UDC Text Amendment X X Rezoning (Zoning Map Amendment) X Historic District Designation X Special Use Permit X Development Agreement X X Access Point Connection Exemption X X A�hirv' "aw S4 4t -� ht V tF'r✓'�''t✓�"`„•+ 4i�h 3 " ,��+ �'n-at"Gy�, *�u'txai& :+iC #,". ��'•'Ss {' Y'i � j; .," a �, �'v�rax..cc-° "3`tk`.'t+ .i'+� .i"H'2^�e :ke".rr *. qct bfs� va*3� 1 ,r n+3;'y "yz S'.vj�,,. "t "b�b�.��3�K.-c2 t'��A. .�"a. 3,-"C� �.�F�m','h ��AF.. TM.. � ?t�.�'>..v+.��. �v?fwii �o'a,ry "-:S+rv. �'.� °�tv ,yY �?�5-�J.�iai�, 5��jiV"rtw��','�.�`�4T-T t`h i'i.. ,ky-� zh✓w ,`h...':. .w_`..„+'�..cw.i.�'F`Sv�T'i.n'����a���t-'s'.s's'"f Administrative Plat X y.~m+vY, X 2 Preliminary Plat X X Eahl Construction Plans X X Final Plat X X W� �.. Plat Waiver X_ X .;` — Development Application Process Site Plan i2eieav X Construction Plans X Zoning Verification Letter X Legal Lot Verification Letter X X Temporary Use Permit X Master Sign Plan X X Certificate of Design Compliance X Appeal of an Administrative Decision X Variance (-Zenith} X Administrative Exception fig) X Special Exception X_ Stormwater Permit X X Driveway Permit X X Sign Permit X X Courthouse View Height Determination X 11111111111111111111111111111 1 • 3.02.010 Pre -application Conference C. A Pre -application Conference is required for the following applications. 1. Comprehensive Plan Amendment 2. Rezoning (Zoning Map Amendment) 3. Historic District Designation 4. Special Use Permit 5. Preliminary Plat 6. Administrative Plat (Minor Plat or Amending Plat) 7. Site Plan 8. Master Sign. Plan 9. Certificate of Design Compliance 10. Variance 11. Unified Development Code Text Amendment 12. Construction Plan 1.3. Final Plat 14. Planned Unit Development 15. Driveway Permit 16. Development Agreement 17. Special Exception 18. Plat Waiver 3.02.020 Application Forms and Fees B. Fees 1 Application fees shall be established from time to time by the City Council. 2 All required fees shall be made payable to "The City of Georgetown." 3 An applicant who has paid the appropriate fee with an application, but who chooses to withdraw such application prior to any notification of completeness, shall be entitled to a refund of 50 percent of the total amount paid upon written request to the City and approval by the Director. The application fee required for text or map amendments shall not be refundable. 4. An application shall only be accepted for review if the applicant agent or property owner has Page 2 of 16 no outstanding undisputed fees owed to the Cite for the same property or other property Linder their control. 3.03.010 Provision of Public Notice A. Summary of Notice Required Notice shall be required for application review as shown in the following Table. UDC Text Amendment X x UDC Text Amendment Rezoning(Zoning Map Amendment) X X X Historic District Designation X X X Special Use Permit X X X Certificate of Design Compliance Variance (Zoning} X X Variance (Zen4ig) X X X Special Exception X X X Replat without Vacating (§212.0145) X X Development Agreement X X X Access Point Connection Exemption X X X 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Tabler . •-. . Comprehensive Plan Amendment X x UDC Text Amendment X X Rezoning (Zoning Map Amendment) X X Historic District Designation X X X Special Use Permit X X Appeal of Admin. Decision (Zening) X Variance (Zoning} X 5pecial Exception X Development Agreement X X Access Point Connection Exemption X X = Public Hearing Required Page 3of16 11 111111 i C is i 1 • • • -• -• The following actions shall not require review by the City under #l}ese the following subdivision provisions:. However, Williamson County may still require subdivision approval under its regulations for subdivisions located in the City's ETJ. 3.08.030 Submission Requirements The applicant shall submit all of the information required in the UDC Development Manual. The file copy of Preliminary and Final Plats shall be prepared and submitted on Mylar in a format acceptable to the Director or in a digital format acceptable to the Director and compatible with the City's geographic information system. A plat is not considered filed for the purposes of §212.009 of the Texas Local Government Code until the application is accepted as complete pursuant to Section 3.02.040. Ur be destroyed. 3.08.040 Administrative Review of Minor and Amending Plats A. Applicability Minor Plats, a-rrd Amending Plats and qualifying Replat may be approved as Administrative Plats by the Director of Planning and Development in accordance with this Section. 1. Minor Plat a. A Minor Plat is any plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. b. Any plat that requires a waiver from subdivision design and improvement standards of this Unified Development Code, any utility dedication, or any dedication of land shall not be processed as a Minor Plat and shall be processed in accordance with Section 3.o8. -Or 0e4efe•}{-3}. 2. Amending Plat An Amending plat is any plat meeting the definition in Texas Local Government Code §212.016. A Replat of a subdivision or part of a subdivision pursuant to the Local Government Code Section §212.006 may be approved administratively. B. Approval Criteria A Minor or Amending plat shall be approved if it meets all of the criteria below. 6. For Minor Plats only, a Plat Waiver ef the standar-ds i Chapters 6 and ' ^ may be requested as a companion application to the ,ams consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Minor Plat shall be required to be approved by P&Z. T of + fer- suehshall be stibmittedwith the Page 4 of 16 a-. That the gr-afffing ef the waiver- %xill net be detr-imental te the ptiblie health, safety, er welfare, er- initirietis te ether- praepeimty iR the area, er- te the City in adfflinister-ing this C b. That the granting of the waiver- Nvetild net substantially eenfliet Nvith the Geffipr-ehe-fisii Plan and the ptir-peses ef this Cede. C. Responsibility for Final Action 1. The Director of Planning and Development Department is responsible for final action on Administrative Plats. 2. The Director may, for any reason, elect to present the plat to the Planning and Zoning Commission f�;+.� for approval. 3. The Director may not deny Administrative Plats; aRy plat that gens Ret meet the appfevu abeve shall be r,,,...,ar-d .a to the City r,,,,nei f-ef final aetie z. Because the Director may not disapprove an Administrative Plat any final action taken by the Director on an Administrative Plat Review may not be appealed. If the Director is unable to approve an Administrative Plat the Planning & Zoning Commission will take final action. 4. Upon completion of construction, the subdivider shall deliver to the City a one-year guarantee of workmanship and materials as provided in Section 13.08. 5. The construction documents are authority to proceed with the construction of streets and utilities when duly signed by the Development Engineer, 3.08.050 Preliminary Plat Review 1. Preliminary Plat approval shall be required before any division of land or platting activity that does not meet the definition of an Administrative Plat. 2. Combined Preliminary- and Final Plat Option Any division of land or platting actiy�.1 that requires any of the following and would otherwise meet the definition of an Administrative Plat may processed as a combined Preliminary and Final Plat and subject to the criteria of this Section and Section rl.o8.o7o. a anv utility dedication or b. any dedication of land, The Director Shall have the authority to determine if a plat meets the criteria to be processed as a combined Preliminary° and Final Plat. This combined plat shall be titled as a Final Plat The fee for such a combined Fiftal Plat shall be so % of the Final Plat fee. B. Unlawful to Record Preliminary Plat It shall be unlawful to cause to be recorded, any Preliminary Plat of land within the City limits or extraterritorial jurisdiction of Georgetown, with the County Clerk. C. Initiation Initiation of a Preliminary Plat review may be made upon submittal of a complete application by a property owner or their designated agent. D. Application and Completeness Determination Page 5 of 16 The Applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. i. The Director shall review the application, considering applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City C,,, . 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. 3. The Director may assign staff to review the application and make a report to the Director. 4. The Director's report may include a recommendation for final action. F. Planning & Zoning Commission Review The Planning and Zoniniz Commission shall consider the PreliminaiiT Plat apWication the Director's reportstate law, and compliance with this Unified Development Code and take Anal action. The Pr-elifninafy Plat shall be 4e..,.,.1 and a r-ee.6 mm,,,.d ti ,, C emmissier. aefie + H. Approval Criteria A Preliminary Plat shall be approved if it meets all of the criteria below. 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. 2. No plat shall be approved without a determination that the plat conforms to the following: a. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state law. b. The plat is consistent with the City's Comprehensive Plan and any other adopted plans as they relate to: i. The City's current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension of the City or the extension, improvement, or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. c. Any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. Page 6 of 16 i i �• :. •ail • y r i i H. Approval Criteria A Preliminary Plat shall be approved if it meets all of the criteria below. 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. 2. No plat shall be approved without a determination that the plat conforms to the following: a. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state law. b. The plat is consistent with the City's Comprehensive Plan and any other adopted plans as they relate to: i. The City's current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension of the City or the extension, improvement, or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. c. Any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City's jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. Page 6 of 16 d. The tract of land subject to the application is adequately served by public improvements and infrastructure, or will be adequately served upon completion by the applicant of required improvements. 3. Each subdivision plat shall include a schedule for phasing of improvements. No such schedule shall exceed a period of 10 years. Pr-elitninaFy Plat. justifieatien fer- sueh waiver- shall be subfnitted with the plat applieafien and . - : That the gfanfing : waiver- f be : • • . t lie health, safety, --&F 2 That the eenditiens that efeate the need for- the waivef de net gener-ally apply te et ppepefty in the N46RRyj • That • : : - • : : . : f : f this Cede will : - :: : : • : impossible, 4 That the gr-anting ef the waiver- weald net substantially eenfliet with the CefflPfeh..... Plan and the piifpeses ef this Cede. 13. Expiration . Preliminary P i. For Preliminary Plats on projects that are not phased, or not to be developed sequentially, the Preliminary Plat shall become null and void 24 months after its approval unless a Final Plat is filed and approved for all of the Preliminary Plat within that time. 2. For Preliminary Plats on projects that are phased, or that will be developed sequentially, the approval of a Final Plat for a phase of the project shall extend the expiration date for the remaining portion of the original Preliminary Plat for a period of 18 months after the date of approval of the Final Plat. Approval of each subsequent Final Plat within 18 months of the date of approval of the preceding Final Plat shall extend the expiration date for the portion of the original Preliminary Plat for which no Final Plats have been approved for an additional 18 months from the date of approval of such Final Plat. a. Each 18 -month extension period for the expiration of the original Preliminary Plat runs from the date of the latest Final Plat approval. Extension periods are not cumulative. b. If a Final Plat is not filed and approved during the 18 -month extension period, the original portion of the Preliminary Plat that has not been recorded by the Count; together with any unapproved Final Plat applications or expired Final Plats, lapse. A. Applicability 1. Final Plats are technically complete versions of an already approved Preliminary Plat. No Final Plat may be considered or approved unless the Preliminary Plat for the same land has been approved, and the Final Plat is consistent with the previously -approved Preliminary Plat. The Final Plat must incorporate all changes from the Preliminary Plat that were Page 7 of 16 considered and approved by the f�:+,� Planning and Zoning Commission. 2. Final Plat review is used to ensure that a final recorded plat application includes final engineering diagrams and descriptions that conform to the Preliminary Plat and the "as - built" infrastructure on the site. tII w w ! ' ! r- AMENSNOMMB • s w i - -• w : -•- • = •- ► -•IMIRMIM - i C i - i • - • - i . • • •711IMMIN w . ma& • • • 0 i• i i C e 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. The site related Construction Plans may be included as part of the Site Plan, subject to the requirements in the Development Manual. 3.11,010 Applicability The following temporary uses may not be commenced until the applicant obtains a Temporary Use Permit from the Building Official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this Section relating to Temporary Use Permits are adopted in accordance lA ith the Texas Local Government Code Chapter 211 and the City Charter. The following uses may be permitted, subject to the issuance of a temporary use permit: A. Pumpkins, Christmas trees, and other seasonal product sales. No permit shall be required for such uses operated as part of a school or place of worship. B. Sales Offices and Model Homes pursuant to the standards set forth in Section S.08.020. C. Temporary Parking Lots pursuant to the standards set forth in Section ,.08.020. D. Business offices or sales facilities where construction of a permanent facility is being diligently completed pursuant to the standards set forth in Section 6.08.020. E. Construction field offices pursuant to the standards set forth in Section 5.04.04e5.08.020, F. Private farmer's markets pursuant to the standards set forth in Section 6.08.020. Q. Temporary manufacturing of concrete products, pursuant to the standards set forth in Section 5.08.020. H. Mobile or outdoor food vendor, pursuant to City Code Section 8.12, 1. Offsite construction staging, pursuant to the standards set forth in Section 6.08.020. J. Portable classrooms pursuant to the standards set forth in Section 5.08.020, K. Noise Permits pursuant to City Code Section 8.16.050. HL.Similar temporary uses which, in the opinion of the Director, are compatible with the district and surrounding land uses. 117JE� Fill Pill 111 11111111 111111111r; ililill II -;1111111 " 3.13.040 Supplemental Demolition Criteria In determining whether to issue a Certificate of Design Compliance for demolition, toe HARC, and, on appeal to the Zoning 13eaf d of AdjushTwpt the City Council, shall consider the following criteria, in addition to the criteria specified above. 3.14.010 Effect of Appeal Pursuant to the authority granted to the City by the Texas Local Government Code Chapter 2111 a -Rd the City Charter, the City Council, and this Code, the Zoning Board of Adjustment may hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.02o and Section 2.05. , in > deeisien, ef Pursuant to the authority granted to the Planning and Zoning Commission by the Texas .Local Government Code Chapter 212 the City Council and this Code, the Commission may hear and decide an appeal that alleges error in an order, requirement decision, or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.02o and Section 2.05. However, if an aggrieved person is appealing a final action that was disapproved only the basis for disapproval may be appealed In addition a person may not appeal a denial for the purpose of Page 9ofl6 continuance (an extension agreed to by the applicant and the Director) or a determination that an application is not complete. 3.14.030 Review Criteria The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development Depai4ffleiiCs or other administrative official's action was appropriate considering the details of the case and the requirements contained in this Unified Development Code. The Board or Planning and Zoning Commission will make its decision based on this Unified Development Code and the information presented to the ZBA or Commission by the applicant and the Director or other administrative official. The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for Hearing the appeal and shall give notice to the parties and to the public. Each appeal must be heard by at least 75% of the members of the Board or Commission. 73NUMMOMY"fiffu�= III When an appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director's or other administrative official's action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary. C. Findings and Conclusions All findings and conclusions necessary to the permit or appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board or Commission has the same authority as the administrative official. The Board or Commission shall review the application, the Director's report, conduct a Hearing in accordance with the Board's or Commission's established procedures and state law, and take final action on the application. It shall require a concurring vote of three-fourths vote of all members of the Zoning Board of Adjustment or Planning and Zoning Commission to overturn an administrative decision. 3.15.020 Variance and Special Exception Process g The Zoning Board of Adjustment shall hold a public hearing for consideration of the Page 10 of 16 Variance or Special Exception request no later than 4, calendar days after: the date of the application is filed. 2. Written notice of the public hearing for a Variance or Special Exception shall be proNjded as set forth in Sections g.o3 and 4.oQ.o400 of this Code. 3. The applicant may appear at the hearing in person or by agent or attorney. 3,15,030 Criteria for Variance Review E. Variances from Floodplain or Stormwater Management Regulations The ZBA may not approve a variance from floodplain or stormwater management regulations. The Planning and Zoning Commission shall hear and decide a The ZBA ..ha fenvzard Variance request from floodplain or stormwater management regulations to the City Geune;' faf final .,et .,. The Commission shall use the process and criteria outlined in Section `i.v; for rnakin� its decision on a floodplain or stormwater management regulation Variance. 3,15.040 Criteria for Special Exception Review If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of certain provisions of this Unified Development Code if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice is done. No Special Use Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are the following: @ Residential Setback Modification pursuant to Sections 4.10.040.B., 6.05.020.B., and 6.06.0 f O.D. a Time Extension for an Abandoned Nonconforming Use, pursuant to Section 14.o1.o6o.B.7. m Expansion of Nonconforming Use, pursuant to Section 14.02.050. s Right to Continue Nonconforming Use after Destruction or Damage, pursuant to Section 1,4.02.o6o.A. ® Abandonment of Nonconforming Structure Determination, pursuant to Section 14.o4.0 ,o. Expansion of a Nonconforming; Structure pursuant to Sections 14.o4.o80.B & C. ® Expansion of a. Nonconforming Site, pursuant to Sections 1.4.or,.o80.B & C. Page 11 of 16 A. Eaeh before the Board be heard by least 75 its case must at percent of . Yvrafianee quest. fellowing A. Within 10 days aftef a Zoning Bear -d of Adjustment decision, an�r of the per-sens may law present to a PistfiLzt eouft, county eeuft or- eounty eaur-t at a verified petition stating that decision of the Zefling Boafd ef Adjustment is illegal in whole or- in part and speeifying the the i4ega4tyi gr-ounds of Page 11 of 16 11=9 3.16.010 General A. In order to provide a method��v to correct human error, allow for minor numerical adjustments or consider alternative design schemes for particular development standards of this Code, iftay be ~,.,,, ed, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1719 Compatible with surrounding land uses: 272* Harmonious with the public interest: and.. 3:3. Consistent with the purposes of this Code. B. Administrative Exceptions regir-e-shall complye&nip itnee-with all other eleme Z provisions of this Code not specifically relieved by the Administrative Exception. All Administrative Exceptions expressly permitted in this Section mage approved only if meeting the criteria provided in Section 3.16.o3o. C The Director or the Building Official is responsible for final action on Administrative Exceptions. Page 12 of 16 i i ; a 2. taxpayer; oF •- a bureau officer, department, board, of of the municipa4ty-. days date decision is filed in the B—.T-he petition must be presented ivigiin 10 after- the the 11=9 3.16.010 General A. In order to provide a method��v to correct human error, allow for minor numerical adjustments or consider alternative design schemes for particular development standards of this Code, iftay be ~,.,,, ed, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1719 Compatible with surrounding land uses: 272* Harmonious with the public interest: and.. 3:3. Consistent with the purposes of this Code. B. Administrative Exceptions regir-e-shall complye&nip itnee-with all other eleme Z provisions of this Code not specifically relieved by the Administrative Exception. All Administrative Exceptions expressly permitted in this Section mage approved only if meeting the criteria provided in Section 3.16.o3o. C The Director or the Building Official is responsible for final action on Administrative Exceptions. Page 12 of 16 i i a •- I WN �1�.•-LaSi : 11=9 3.16.010 General A. In order to provide a method��v to correct human error, allow for minor numerical adjustments or consider alternative design schemes for particular development standards of this Code, iftay be ~,.,,, ed, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1719 Compatible with surrounding land uses: 272* Harmonious with the public interest: and.. 3:3. Consistent with the purposes of this Code. B. Administrative Exceptions regir-e-shall complye&nip itnee-with all other eleme Z provisions of this Code not specifically relieved by the Administrative Exception. All Administrative Exceptions expressly permitted in this Section mage approved only if meeting the criteria provided in Section 3.16.o3o. C The Director or the Building Official is responsible for final action on Administrative Exceptions. Page 12 of 16 i i a •- 1 � - amum- RM IM MINIRMTO MI I I ROOM • . - r • 11=9 3.16.010 General A. In order to provide a method��v to correct human error, allow for minor numerical adjustments or consider alternative design schemes for particular development standards of this Code, iftay be ~,.,,, ed, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1719 Compatible with surrounding land uses: 272* Harmonious with the public interest: and.. 3:3. Consistent with the purposes of this Code. B. Administrative Exceptions regir-e-shall complye&nip itnee-with all other eleme Z provisions of this Code not specifically relieved by the Administrative Exception. All Administrative Exceptions expressly permitted in this Section mage approved only if meeting the criteria provided in Section 3.16.o3o. C The Director or the Building Official is responsible for final action on Administrative Exceptions. Page 12 of 16 D An appeal of an Administrative Exception may be made to the Zoning Board of Adjustment in accordance with the rules and authority granted thereto. 3.16.020Applicability A. The Director or Building Official shall have the authority to determine that the language or a particular development standard in this Code is incorrect, unclear or otherwise in error and authorize an adjustment or interpretation to correct such error as necessary. B. The Director or Building Official shall have the authority to consider and authorize an adjustment of up to ten percent 1o% of any numerical standard set forth in this Cod . Ne .,,a,,-.inistr-alive ad, with the following exce tions: z. A request for --s lan increase in the number of units that wetild be -permitted on a lot or4he parcel does not qualify for an Administrative Exception. 2o Any numerical standard set forth in this Code that has been previously adjusted by way of a City board or commission special exception special use permit or other similar process may not be eligible for an Administrative Exception. Accordingly, adjustment made in conformance with this Section may not be allowed further adjustment by other process allowed by this Code. At Any consideration of a numerical adjustment greater than ten percent io% shall require a request for a Variance ...ithe,,+ the ,. am iiiistratiye Exeepfi 7,�per the terms of Section of this Code. C. The Director or Buildiniz Official shall have authority to consider alternative design Wan(s) for the following situations: 1. Courthouse View Overlay Height Exception per Section 4.12.040) 2. Alternative Residential Boundary Wall (per Section 6.06.040) 3. Alternative Building Design Plan (per Section 7.04.070) 4. Alternative Landscape Plan (per Section 8.1.2} S. Alternative Parking Plan (per Section 9.02.0501 6. Alternative Sign Plan (per Section 10.01.02.0 3.16.030 Approval Criteria To approve an application for an Administrative Exception, the Director or Building Official must determine that the following criteria are met: -I-* A. That granting the Administrative Exception serves an obvious and needed purpose. B. That granting the Administrative Exception will ensure an equal or better level of design or and use compatibility as the otherwise applicable standards. EC. That granting the Administrative Exception will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development_ , set-baeks and ethe-F land use !1111'.s der- tienM1 D -.D. That granting the Administrative Exception will be genefally consistent with the purposes and intent of this Unified Development Code. Page 13 of 16 3.21.111O Purpose The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures facilities and encroachments into a public street, roadway, sidewalk, right-of-way or easement in order to maintain. their safety-, mobility, and operational functionality, I i:. MIMM A. A License to Encroach in the procedures provided for in this section, is required for the follov�ing: i. New improvements, structures, facilities and encroachments into a public streetroadwavy sidewalk, or right-of-way within the cite limits and easements located within the city- limits or the extra -territorial jurisdiction. 2. Existing improvements structures, facilities and encroachments into a public street, roadway, sidewalk or right -of -u4 -ay within the city limits and easements located within the cit, limits or the extra -territorial Jurisdiction. above that encroach into a public street, roadwvay or B Those improvements as defined in (A) sidewalk shall obtain approval from the City Council, in addition to this License. 3.21.1D3ii Ire-Apglication Conference Pursuant to Section 3.o2.oro, a Pre -Application Conference is required prior to the application for a License to Encroach. 3.21.140 Review Process Review of a license to Encroach shall follow the Administrative Re -view procedures set forth in Section , .03.040 subject to the Criteria for Approval set forth below. 3.2lsO O Criteria for Approval No License to Encroach will be denied unless it is determined by the Director that the proposed location or type of improvement will negativelypact the function of the public street, roadway, sidewalk, right-of- way or easement or have an adverse effect upon the health, safety, welfare of the general public. In making this determination, the followving will be evaluated: A. The proposed encroachment into a public street, roadway, sidewalk, right -of -w m or easement by anyperson shall not interfere with the lawyful use thereof. fi Any prooposed construction within a public street roadway, sidewalk right-of-way or easement shall be in accordance with this Code. the Cit yam. adopted Construction Standards, and any other applicable ordinances and regulations. C 4t any time during the construction of any structure within a public street, road<<vay, sidewalk, right-of-way or easement: i The applicable public street roadway or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and. sidewalks shall not be obstructed as to prevent the use thereof by pedestrians, 2 Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, right-of-way or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk liability and expense of the Licensee: Page 14 of 16 All excavations and. obstructions of any kind that take glace during the period of the Licensee's construction shall be properly barricaded and well -illuminated during the night, subject to the approval of the Building Official. 3.21mO6O Submission Reeiuirements Staff will determine during the Pre -Application Conference whether further studies will be required. Such studies may include but are not limited to an Engineering Study which may b� e required at the determination of the Development Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal. 3.21uO7O Responsibility for Final Action The Director is responsible for final action on Licenses to Encroach For those requests that encroach into a public street roadway or sidewalk the Director may not approve the License to Encroach until approval is obtained from the Citv Council, 3.21.080 Expiration The City shall provide written notice at least 18o days in advance to the Licensee, its representatives, successors or assigns to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the Citi- for street sewer, transportation or any other public or municipal use or purpose During such time it is the responsibilitNe of the Licensee, its representatives. successors or assigns to remove the encroachment(s). In such an event the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. A Section 3.22,010 Applicability A waiver of the subdivision standards of this Code. as allowed by this Section., may be considered concurrently with a Preliminary Minor or Final Plat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this Code. Justification. for the Plat Waiver shall be submitted and demonstrated following the provisions of Section 3.22.070, The Waivers) may be approved conditionally approved or disapproved by the Planning and Zoning Commission. Any approved Waiver(s) shall be noted on the corresponding plat Waiver does not constitute nor equal a Variance the proyisions of which are detailed in Section 3.1, of this Code. Section 3,22.030 Eligible Provisions The provisions of this Code that are considered eligible for a plat waiver are listed below. A request may be made for each specific provision in only these sections: A. Section 6.02.010 B. Section 6.02.0'10 C. Section 6.02.040 D. :lection 7.02.010 E. Section7,02,030 F. Section 7.02.040 Section 3.22.030 Initiation Initiation of the Plat Waiver maybe made upon submittal of a complete application by a property owner or their designated agent. Page 15 of 16 Section 3.22,040 Application and Completeness Determination The Applicant shall submit all of the information required in the UDC Development Manual, The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040, A The Director shall review the application considering applicable criteria for approval and prepare a report to the Planning and Zoning Commission and City GERineil B The Director may establish procedures for administrative review necessary to ensure compliance liance with this Code and State statute. C The Director may assign staff to review the application and. male a report to the Director. D. The Director's report may include a recommendation for final action. Section 3,22,060 Planning and Zoning Final Action The Planning and Zoning Commission shall consider the Plat Waiver Director's report state law, and compliance with this Code and take final action Section 3,22,070 Approval Criteria A Plat Waiver may be approved conditionally approved or disapproved. At least three (3) of the follo��rin factors are required for approval: A. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other propefty in the area or to the City in administering this Code B That the granting of the waiver would not substantially conflict with the Comprehensive Plan and the purposes of this Code. C. That the conditions that create the need for the waiver do not generally apply to other property in theyIcmlty. D. That application of a mtovision of this Code will render subdivision of the land impossible. The Plat Waiver(s) shall expire if the Preliminary Administrative or Final Plat expires, according to the timing specified in Section 3.o8 of this Code. The Plat Waiver(s) shall have no authority beyond the recorded plat note(s). City. Page 16 of 16 Sectionl 5.01 ,010 r • Exhibit D A. Authority The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. B. Compliance with Code of Ordinances There are various sections of the City of Georgetown Code of Ordinances and other City regulations that may also apply or be relevant to a proposed use. Following are references to particular sections of the City Code of Ordinances that may be related to a particular use: ■ Title 6 Business License and Regulations: Chapters 6.04 Carnivals, Circuses, and other Exhibitions; 6.16 Peddlers and Solicitors; 6.2o Taxicabs, Buses, and Other Vehicles for Hire; 6.30 Sexually Oriented Business; 6.4o Alcoholic Beverages; 6.50 Itinerant Merchants ■ Title 7 Animals ■ Title 8 Health and Safety: Chapters 8.12 Food Sanitation; 8.16 Noise Control 8.20 Nuisances ■ Title io Vehicles and Traffic: Chapter 10.16 Parking Is Title 12 Streets, Sidewalks, and Public Places: Chapters 12.05 Valet Parking; 12.12 Advertising Signs and Banners; 12.24 Events and Celebrations; 12.36 Georgetown Airport Zoning. 5.01.020 Zoning Use Classifications A. Use Categories A primary use is assigned to the Use Category that most closely corresponds to its nature as described in the characteristics of each Use Category. Use Categories classify land uses and activities based on similar functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. A Use Table is contained within each of the Use Categories detailed in this Chapter, which depict the specific zoning uses allowed by zoning district. Each section represents a Use Category, for example "Residential Uses," that contains specific listed uses and their corresponding zoning districts. All of the uses listed in the Use Tables found in this Chapter are defined in Chapter 16. Below is a key to each of the Use Tables and indicate how each use is treated by district. 1. Uses Permitted By Right A "P" indicates that a use is allowed by right. Such uses are subject to all other applicable regulations of this Code and the City Code of Ordinances. 2. Uses with Limitations An "L" indicates that a use is permitted, provided that it meets additional standards referenced in the far right "Note" column of each Use Table. These standards can be found in the limitations section following each Use Table. Such uses are subject to all other applicable regulations of this Code and the City Code of Ordinances. 3. Uses with Special Use Permit An "S" indicates that a use is allowed only if granted a Special Use Permit by the City Council in accordance with the procedures in Section 3.07. Uses that require a Special Use Permit are required to meet all other applicable regulations of this Code and the City Code of Ordinances, including the additional standards contained in the limitation section of each Use Category. 4. Uses Not Allowed A cell with the symbol "--" or left blank indicates that a use is not allowed. C. Multiple Primary Uses Multiple primary uses on one lot shall be allowed only if each individual use is allowed in the underlying District. Limitations or Special Use Permits required of any of the primary uses shall be met. In the event of a conflict between such limitations, the stricter provision shall apply. D. Specific Use Names The names of the specific uses listed in each Use Table are defined in Chapter 16 of this Code and have no other meaning than that given by the definition. A specific use or classification of such a use is not determined based on how a user or prospective user may refer to the use, but rather what the definitions determine the use to be. For example, someone may refer to the dwelling that he or she owns as a "townhouse" when in fact it may be defined by this Code as an "attached single-family" dwelling. E. Accessory Uses i. Accessory uses are those activities that are incidental and subordinate to a primary use, but are customarily associated with the particular primary use. The following are two examples of primary uses and some of their possible accessory uses: ■ A high school may typically include, but may not be limited to, accessory uses such as a cafeteria, library, maintenance facility, meeting rooms, auditorium, laboratories, indoor recreation courts, outdoor recreational fields, and concession stands. • A large office building may include, but may not be limited to, a restaurant, copy shop, helicopter landing facility, kitchen or food preparation area, meeting facilities, technical libraries, or amenities for employees like a day care center, heath facility, cafeteria, or a small retail operation. 2. An accessory use may be determined to be an allowed accessory use to a primary use if: a. It is listed as an accessory use to the primary use in the definition of such primary use in Chapter 16 of this Code; or b. It is determined to be customarily associated with the primary use. The Director shall have the authority to determine if an accessory use is customarily associated with a primary use following the criteria in Section 5.01.030.B. 3. An allowed accessory use shall be consistent with the following: a. The accessory use shall be subordinate to and serve a primary use; b. The accessory use shall be subordinate in area, extent and purpose to the primary use; c. The accessory use shall be subject to the same regulations as the primary use; d. The accessory use shall have to be a permitted use within the same Zoning District as the primary use. In addition, if an accessory use is subject to limitations as a primary use then those same limitations shall apply to the accessory use; and e. The accessory use shall not be a commercial venture, except as allowed as a Home Occupation, per Section 5.02.02o.E. Page 2 of 32 5.01.030 Determination of Unlisted Uses A. Determination of the appropriate District for a use not listed in the Use Tables shall be made by the Director in accordance with the provisions of paragraph (B) below. When considering appropriate Districts for a use not listed in the Use Tables, the District Purpose Statements in Section 4.04, the descriptive characteristics of each Use Category, and definitions of similar uses shall be taken into consideration. The Director may make a determination, based on these considerations, that such a use be allowed by right; be required to meet specific limitations and additional standards; be required to receive a Special Use Permit from the City Council; or not be allowed in a particular District, therefore requiring approval of a text amendment to this Code for any allowance. B. The following criteria shall be used to determine i) the appropriate use for an activity not specifically listed in the Use Tables and 2) whether a use is considered primary or accessory. 1. The definitions of similar primary uses; 2. The definitions of the use categories that include similar uses; 3. The actual or projected characteristics of the activity in relationship to the stated characteristics; 4. The relative amount of site area or floor space and equipment devoted to the activity; 5. Relative amounts of sales from each activity; 6. The type of customer for each activity; 7. The relative number of employees in each activity; 8. Hours of operation; g. Building and site arrangement; io. Vehicles used and their parking requirements; ii. The relative number of vehicle trips generated; 12. Typical number of daily deliveries; 13. Noise levels generated; 14. Lighting required for the activity; 15. The likely impact on surrounding properties; and 16. Whether the activity is likely to be found independent of the other activities on the site. C. The Director's determination shall be made public on the City's website for 3o days following the decision and shall be considered final if no appeal is filed during that timeframe. D. Appeal of Unlisted Use Determination The Zoning Board of Adjustment may hear and decide an appeal that alleges error in a determination made by the Director in the enforcement of Section 5.01.030.A of this Code. In exercising its authority under this subsection, the Board may reverse or affirm, in whole or in part, or modify the Director's determination and make the correct determination, and for that purpose the Board has the same authority as the Director. The appeal will be pursuant to Section 3.14 of this Code Page 3 of 32 5.02.020 Residential Use Limitations All residential uses shall meet any applicable provisions of the City of Georgetown Code of Ordinances, in addition to the following limitations. A. Single -Family, Attached An Attached Single -Family dwelling is permitted in accordance with Table 5.02.oio and subject to the following standards and limitations: i. Both dwelling units shall be situated on separate legally platted lots. 2. Attached Single -Family dwellings are not allowed in the Old Town Overlay District (established in Section 4.08). B. Accessory Dwelling Unit An accessory dwelling unit is permitted in accordance with Table 5.02.010 and subject to the following standards and limitations: i. An accessory dwelling unit is permitted as a subordinate use, provided that it is limited to twenty-five percent (25%) of the primary dwelling unit. 2. An accessory dwelling unit is permitted in the AG, Agriculture, RE, Residential Estate, RL, Residential Low Density, RS, Residential Single -Family, and MU -DT, Mixed -Use Downtown Districts with the approval of a Special Use Permit pursuant to Section 3.07. The Special Use Permit shall include a condition that the unit may not be used for rental purposes. 3. An accessory dwelling unit may be permitted by right as part of a Housing Diversity Development, as detailed in Section 6.08.020. Unlike the dwelling units in paragraph (B.1) above, accessory dwelling units within a Housing Diversity Development may be used for rental purposes, with approval of a Special Use Permit. 4. Accessory structures that do not contain a kitchen, such as guest houses or pool houses, are permitted without a Special Use Permit, C. Second Dwelling Unit Within the AG, Agriculture District, in accordance with Table 5.02.010, one (1) additional primary dwelling unit may be constructed upon a lot or parcel for every thirty (30) acres or portion thereof (i.e., one (1) dwelling unit allowed for thirty (30) acres or less, two (2) dwelling units allowed for thirty-one (31) acres or more, three (3) dwelling units allowed for sixty-one (61) acres or more, etc.). The additional dwelling unit(s) is limited to use by an agricultural employee, a caretaker, family members or guests of the property owner and must comply with all setback and design standards of the AG District. D. Upper -Story Residential Upper -story residential dwellings are permitted in accordance with Table 5.02.010 and subject to the following standards and limitations: i. The first floor shall not include the living space of any residential dwelling. 2. Separate designated parking spaces for the residential dwellings are required pursuant to Section 9.02. 3. Upper -story residential dwellings in the CN, OF, and BP Districts shall meet the following provisions in addition to (1) and (2), above: a. The residential dwelling shall be secondary to the primary use. b. The gross floor area of the entire building shall not include more than 50% residential uses. Page 5 of 32 E. Home Occupation Home Occupations are permitted in accordance with Table 5.02.oio and subject to the following standards and limitations: i. General A Home Occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. The Home Occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the District of which it is a part. 2. Home Occupation Types Home Occupations are permitted subject to the occupation meeting the following provisions. a. Be conducted entirely within a dwelling or integral part thereof and have no outside storage of any kind related to the home occupation; b. Be clearly incidental and secondary to the principal use of the dwelling; c. Be conducted only by persons residing on the premises (nonresident employees are not permitted); d. Does not affect the residential character of the dwelling nor cause the dwelling to be extended; e. One non -illuminated identification sign is permitted provided the sign is mounted flat on the exterior wall of the dwelling and has an area no greater than two (2) square feet; f. Deliveries by commercial vehicle occur only between the hours of 8 a.m. and 6 p.m.; g. Create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problem; h. The home occupation shall not result in the off-street or on -street parking of more than two vehicles at any one time not owned by members of the occupant family; and i. Involve no on-site retail sales or services. 5.02.030 Accessory Uses A. Examples of Residential Accessory Uses i. Uses in this list that are identified with a footnote may be subject to additional standards detailed in 5.02.03o.B. 2. Examples of residential accessory uses include gardening, hobbies, raising of pets, recreational activities, home occupations (1), family home day care(2), garage sales (3), etc. B. Supplementary Standards for Residential Accessory Uses i. Home Occupations (standards found in Section 5.02.020.E) 2. Family Home Day Care (standards found in Section 5.03.020.B) 3. Garage Sales a. The number of garage sales on a property shall not exceed twelve (12) per calendar year. b. No garage sale shall extend for any period of time exceeding three (3) consecutive days. C. The owner or tenant of the property where the garage sale is held must be the legal owner of the merchandise for sale at the time of such sale, or must have the right to dispose of the property. d. Items for sale shall be confined to the garage, carport, porch, patio, driveway, or yard on the premises of the seller's dwelling. e. No merchandise acquired solely for the purpose of resale shall be sold. 4. Sale of Motor Vehicle Page 6 of 32 On a single-family residential lot, the parking of a motor vehicle that bears a sign advertising the vehicle for sale may be permitted, provided that: a. The vehicle is owned by or registered to an owner or occupant of the property; b. The vehicle is parked on an improved parking surface; c. The vehicle is not being sold in connection with an automobile sales business; d. No more than one (1) vehicle is parked on the lot for purposes of display and sale at any one time; and e. No more than two (2) vehicles are parked on the lot for purposes of display and sale within a twelve (12) month period. Page 7 of 32 5. A family home day care is allowed only one (1) non -illuminated identification sign, provided the sign is mounted on the exterior wall of the dwelling and has an area no greater than two (2) square feet. C. Animal Shelter An animal shelter is permitted in accordance with Table 5.03.olo and limited to a required separation of at least 300 feet from the shelter to a residential structure that is located on any property in separate ownership. D. Religious Assembly Facilities with Columbaria A columbaria, consistent with the definition of the Texas Health and Safety Code 711.008(b)(2), is permitted in accordance with Use Table in 5.03.olo as an accessory use, subordinate and incidental to, a Religious Assembly Facility, subject to the following standards and limitations. i. A columbaria located within a separate structure that provides adequate screening from adjacent properties shall be subject to the development standards of the zoning district. 2. A columbaria located outdoors shall be subject to the following standards: a. The columbaria shall not be located within the front yard. b. The columbaria shall be set back a minimum of 25 feet from the property line. c. The columbaria shall not exceed eight (8) feet in height. d. Landscaping shall be provided at a ratio of two (2) square feet of landscaping for each square foot of columbaria area, in addition to the minimum requirements of Chapter 8 of this Code. Said landscaping shall be incorporated into the overall design and placement of the columbaria. 3. The establishment of a columbaria shall be subject to Site Plan review pursuant to Section 3.09 of this Code. 4. The name, address and telephone number of the individual, owner, board of trustees, or designated caretaker responsible for the maintenance of the columbaria shall be kept on record in the office of the Religious Assembly Facility. 5. Upon discontinuance of the Religious Assembly Facility, the columbaria shall be relocated in compliance with all applicable State laws. The Commercial Uses Section outlines commercial and retail businesses that facilitate the buying and selling of manufactured goods or provide consumer and professional sales and services. These uses include, but are not limited to, overnight accommodations, establishments for food and beverage preparation and consumption, entertainment or recreation -oriented activities, out-patient or home -care health and medical services, and professional and business offices. The category also encompasses retail sales and service uses for personal improvement, self -storage, heavy commercial and wholesale sales and services, and automobile sales, repair and service. 5.04.010 Commercial Uses Allowed by District The following Use Table presents the Commercial Uses that are allowed in each zoning district, in accordance with all standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.04.020. The `Notes' column of the Use Table contains direction on the specific limitation of the particular use. Page 10 of 32 Table 5.04.010 Commercial Uses Page 11 of 32 b. No food preparation, except beverages, is allowed within individual guestrooms. No stove, range, hot plate, toaster oven or microwave shall be allowed in any guestrooms; however, a small microwave is permitted in outbuilding guest rooms. c. Preparation and service of food shall conform to all applicable regulations of the State of Texas and Williamson County. d. The owner shall keep a current guest register including names, contact information and dates of occupancy for all guests. e. On-site parking (except driveways) shall not be located in the front yard and shall be screened from the view of adjacent residences to a height of six (6) feet by a solid screening fence, or dense shrubs and vegetation. Temporary fences shall not be permitted. f. Guestroom rentals shall not be allowed for more than 15 consecutive days. 2. Residential Districts Bed and Breakfast establishments in any Residential District shall be subject to all of the standards and limitations of (A.1) above. In addition, a Special Use Permit, pursuant to Section 3.07, is required for a Bed and Breakfast establishment in any designated Residential District and is subject to the following conditions: a. The operator of the Bed and Breakfast must be a full-time resident of the main dwelling on the property in which the Bed and Breakfast establishment is located. b. Signage shall be restricted to one (1) sign attached to the wall of the main dwelling that is a maximum of (12) square feet and one (1) monument sign no larger than six (6) square feet. However, the total signage on the site shall not exceed fifteen (15) square feet. No additional advertising of any kind is allowed on site. c. Carriage houses, garage apartments, secondary free-standing houses or similar dwellings that contain a full service kitchen and are proposed to be used for Bed and Breakfast operations shall remove the food preparation facilities prior to commencement of operation as a Bed and Breakfast. FJORM-07rel A Bed and Breakfast with Events is permitted in accordance with the Use Table in 5.04.010 and subject to the standards and limitations noted below. A Bed and Breakfast with Events applies only to properties on which a Bed and Breakfast is located and events (such as parties, receptions, fund raisers and other similar functions) are held. The Event shall be a subordinate use to a Bed and Breakfast and shall not include an event center, meeting facility or other form of entertainment operation. i, All Districts a. All provisions of (A), above, shall also apply to Bed and Breakfasts with Events. b. The following additional conditions and limitations shall apply to Bed and Breakfasts with Events in all permitted Districts: i. The Bed and Breakfast owner shall attend all events held on the property. ii. The event hours, including set up and take down, shall be limited to the following: a. Sunday through Thursday - 9:0o a.m. to 9:0o p.m. b. Friday and Saturday (and Sunday if it is a holiday weekend) — 9:0o a.m. to 11:00 p.m. iii. Outdoor event areas shall not be located in the front yard and shall be screened from the view of adjacent properties to a height of six (6) feet by a solid screening fence, or dense shrubs and vegetation. Temporary fencing is not permitted. 2. Residential Districts Page 14 of 32 A Special Use Permit for Bed and Breakfast with Events shall be required in all Residential Districts pursuant to Section 3.07, subject to (A) and (B.1), above, in addition to the following standards and limitations: a. The Special Use Permit application for a Bed and Breakfast with Events shall include a description of the proposed operation; the maximum number of events per year, month, and week; the approximate number of attendees per event; hours of events and duration; location of the events (indoor or outdoor); parking plans; security measures; traffic control plans; and sanitation provisions. b. The City Council may add other conditions or limitations to the permit as it deems necessary in order to manage the scale and scope of the proposed events, minimize the negative impacts of the event(s) on the neighboring property owners, and protect the public health, safety, and welfare. C. Hotel, Full Service, Limited Service and Extended Stay Full Service and Extended Stay Hotel establishments are permitted in accordance with Table 5.04.010, provided that the hotels are located in a Business Park that is fifty (50) acres or greater. D. Restaurant A restaurant is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: i. Restaurants in the CN District are subject to the following: a. The gross floor area shall not exceed 2,500 square feet. b. A drive-thru restaurant shall require approval of a Special Use Permit. 2. Restaurants permitted in the OF and BP Districts are subject to the following: a. The gross floor area shall not exceed 2,500 square feet. b. The eating establishment shall clearly be secondary and supportive to the primary use. C, The eating establishment shall not be located in a building which contains no other uses; however, in the BP District, a Special Use Permit may be considered if it is determined that a free standing restaurant would be beneficial to a planned business park development. d. A drive-thru restaurant are permitted in the BP District, subject to the limitations in "a" through "c" above. E. Bar, Tavern or Pub, Dance Hall or Nightclub A bar, tavern, pub, dancehall or nightclub is permitted in accordance with Table 5.04. 010 and subject to the following standards and limitations: i. The establishment shall be located no less than 300 feet from a church, public or private school, or public hospital, subject to the measurements of the City Code of Ordinances. 2. The establishment shall be located no less than 750 feet from an existing bar, tavern, pub, dancehall or nightclub, subject to the measurements of the City Code of Ordinances. 3. The establishment is subject to the provisions of Chapter 6.40 "Alcoholic Beverages" of the City Code of Ordinances. F. Micro Brewery or Micro Winery A micro brewery or micro winery is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: 1. A micro brewery or micro winery shall be located no less than 300 feet from a church, public or private school, or public hospital subject to the measurements of the City Code of Ordinances. Page 15 of 32 2. A micro brewery or micro winery is subject to the provisions of Chapter 6.40 "Alcoholic Beverages" of the City Code of Ordinances. G. Live Music or Entertainment Live music or entertainment is permitted in accordance with the Use Table in 5.04.010 and subject to the following standards and limitations: i. The entertainment use must be secondary to the primary use in the C-1 and MU -DT Districts. 2. Any outdoor entertainment area shall be clearly shown on a Site Plan and shall be set back a minimum of fifty (50) feet from the property line of residentially -zoned property. 3. Live music or entertainment uses are subject to the provisions of Chapter 8.16 "Noise" of the Georgetown Municipal Code. H. Theater, Movie or Live A movie theater or live theater is permitted in accordance with Table 5.04.010 provided that the theater may not have more than eight (8) screens. I. Athletic Facilities, Commercial Recreation and Driving Ranges Athletic facilities, commercial recreation facilities and driving ranges are permitted in accordance with Table 5.04.010 provided that any outdoor playing fields or associated structures shall be set back fifty (50) feet from the property line of a residentially -zoned property. J. General Office, Integrated Office Center and Health Services i. General Office, Integrated Office Center and Health Services in the MU -DT District A general office, integrated office center or any health service use is permitted in the MU -DT District in accordance with Table 5.04.010, subject to the following standards and limitations: a. Each building is limited to a maximum of 40,000 square feet. b. Parking for a building over 20,000 square feet in Area 1 of the Downtown Overlay District shall meet a parking ratio of 1 to 1500 square feet of gross floor area (GFA). 2. General Office in the RS District A general office use is permitted in the RS District accordance with Table 5.04.010 and subject to the following standards and limitations, which allow for an orderly transition of land use from residential to small scale office while maintaining residential appearance and building scale: a. Only a house meeting the following criteria are eligible to apply for a Special Use Permit, pursuant to Section 3.07, for an office use in the RS District: i. The house is located in the RS District, ill The house existed on or before February 26, 2008 (the date adopting the ordinance), and iii. The house has a side lot line immediately adjacent to property zoned as C-1, C-3, or IN District that is used for commercial or industrial uses and developed without a bufferyard. iv. A residential side lot line of less than 30 percent shall not qualify as a side lot line for the above adjacency requirement. v. Any question of applicability of this Section shall be determined by the Director. b. In addition to the requirements for Special Use Permits set forth in Section 3.07, an applicant for a Special Use Permit under this Section shall also submit a Site Plan pursuant to the requirements of Section 3.09. Further, an interior layout of the building shall be submitted with the Special Use Permit application. Page 16 of 32 c. Off-street parking shall be provided at 1.5 spaces per habitable room. For the purposes of this Section, a habitable room includes foyers and lofts if used for reception areas, work stations, offices, conference rooms, etc, but excludes restrooms, kitchens, porches (enclosed or open) and utility rooms. This parking requirement is in place of the parking requirement in Table 9.02.030. All parking shall be paved and approaches shall be concrete. d. Parking shall not be permitted in the front yard. An exception to this provision may be considered with the Special Use Permit related to preserving Protected and Heritage Trees or to recognize existing garages or parking areas. Parking shall be screened from view of the right-of-way in accordance with the requirements set forth in Chapter 8. e. A solid screening wall or fence, or dense shrubs and vegetation at least six (6) feet in height shall be required along the side and rear property lines adjacent to property zoned RS, Residential. However, the wall or fence may be reduced in height if buildings on site reduce the impact of the office use, including parking, and as the fence approaches the right-of-way. f. A Building Permit may be required prior to issuance of a Certificate of Occupancy. g. The use of the property for medical offices providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, or similar practitioners of medical and healing arts for humans, licensed for such practice by the state shall be considered on a case-by-case basis with the Special Use Permit. Dental offices, out-patient clinics and outpatient emergency centers are not permitted uses. h. The use of the property for counseling in an office setting by a psychologist or psychiatrist is a permitted office use. i. The City Council may consider approval of a lesser office use that would occupy only a portion of a house. If only a portion of the structure is used, reduced standards may be applied, especially for a "live/work" use of a house. j. A Special Use Permit issued under this Section shall contain the following special conditions, at a minimum. The City Council may include other special conditions of the permit on a case-by-case basis. i. The office use shall be conducted entirely within the main structure or integral part thereof and have no outdoor storage of any kind. ii. Office uses are not permitted in any accessory building. iii. Uses accessory to office uses are prohibited, except a conference room may be established for an on-site office. iv. On-site sales are prohibited. V, Outdoor storage is prohibited; however, the interior of any accessory structures may be used for storage related to the Office uses. 1,71. The number of workers shall be limited to the number of habitable rooms (excluding restrooms, kitchens, porches (enclosed or open), and utility rooms) within the house. Foyers and lofts shall be counted as habitable rooms if used for reception areas, work stations, conference rooms, etc. vii. No exterior evidence of the office use shall be allowed, except for one (1) non -internally illuminated sign attached to the principal structure that is no larger than two (2) square feet. No additional advertising of any kind is allowed on site. viii.Business hours and regular deliveries by commercial vehicle (excluding 18 wheeled vehicles, which are prohibited) shall be limited to 8 a.m. to 6 p.m. Page 17 of 32 xi. A Temporary Use Permit in accordance with Section 3.11 is required for any party, reception, event or similar function that is anticipated to draw more than fifteen (15) total guests to the Office (including tenants). Parties, receptions, events or similar functions, subject to the Temporary Use Permit provision, shall be limited to a total of six (6) such functions per calendar year. Such events shall be limited to the interior of the structure. xii. The Special Use Permit shall be null and void if the structure is damaged by natural or accidental causes to the extent of more than fifty percent (50%) of the value of the structure on the date of the damage and if it is not rebuilt in kind within fourteen (14) months, or the use of the structure for Office uses has been discontinued for a period of twelve (12) months or more. The fourteen (14) month period does not include the period of time necessary to conclude any litigation related to such calamity. xiii. Increased run-off resulting from conversion to office use shall be detained on-site or shall be diverted from adjacent property in conformance with the stormwater drainage requirements of this Code. xiv. The total impervious cover shall not exceed the requirements of the RS District. K. Data Center A data center is permitted in accordance with Table 5.04.010 provided that the building size does not exceed 5,000 square feet. L. General Retail General Retail is permitted in accordance with table 5.04.010 and subject to the following standards and limitations: 1. In the BP District a. The gross floor area shall not exceed 2,500 square feet. b. The retail use shall clearly be secondary and supportive to the primary use. c. The retail use shall not be located in a building which contains no other uses; however, a Special Use Permit may be considered if it is determined that a free standing retail operation would be beneficial to a planned business park development. 2. In the MU -DT District a. A Special Use Permit is required for any retail building exceeding 40,000 square feet. b. Parking for a building over 20,000 square feet in Area 1 of the Downtown shall meet a parking ratio of 1 to 1500 square feet of gross floor area (GFA). M. Personal Services in the BP District Personal Services, including all uses noted as limited in Table 5.04.010, are permitted subject to the following standards and limitations: i. The gross floor area shall not exceed 2,500 square feet. 2. The establishment shall clearly be secondary and supportive to the primary use. 3. The personal service use shall not be located in a building which contains no other uses; however, a Special Use Permit may be considered if it is determined that a free standing personal service operation would be beneficial to a planned business park development. N. Fitness Center A fitness center is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: Page 18 of 32 i. In the CN District, the hours of operation shall be limited from 6:oo a.m. — lo:oo p.m. 2. In the BP District, a fitness center shall meet all of the provisions of 5.04.020.L.1. O. Kennel A kennel is permitted in accordance with Table 5.04.olo and subject to the following standards and limitations: i. The kennel operation, including all structures, is required to be at least loo feet from the property line of a residentially zoned property. 2. Outdoor Kennels are prohibited in the C-3 District. P. Self -Storage, Indoor and Outdoor An indoor or outdoor self -storage establishment is permitted in accordance with Table 5.04.olo and the requirements of Section 5.o9 and subject to the following standards and limitations: i. Self -storage facilities shall be limited to the storage use only, with the exception of an accessory leasing office or single living quarters for security purposes. 2. Storage bay doors shall not face a public right-of-way unless set back a minimum of forty (40) feet from the property line. 3. Storage bay doors shall be one solid color of white, brown (or shade thereof) or be otherwise complimentary to the color of the constructed building materials. 4. Chain-link and/or barbed-wire fencing shall not be located in a front yard or street yard. 5. Each individual storage unit shall be directly accessible from an apron consisting of an approved paved surface, which extends to the pavement on an adjoining street. 6. Where gated, a minimum of sixty (6o) feet of driveway shall be provided between the public right-of-way and the front gate of the self -storage facility. 7. No outdoor self -storage shall be permitted within the following areas: a. A required setback; b. A front yard; and c. A street yard. S. No outdoor self -storage shall be allowed in required off-street parking areas. Areas intended for outdoor self -storage shall be paved and painted to distinguish them from required off-street parking areas. 9. Outdoor self -storage shall be screened from any public right-of-way by an eight foot tall wall for general screening made of materials that include, but are not limited to planting screens, masonry, or other materials acceptable to the Director. Q. Pest Control or Janitorial Services A pest control or janitorial services facility is permitted in accordance with Table 5.04.olo and subject to the following standards and limitations: i. No mixing of chemicals or pesticides is allowed on-site. 2. Storage of chemicals or pesticides is limited to ten percent (lo%) of the total square footage of the primary facility. 3. No overnight vehicle or outdoor storage is allowed. R. Automobile Sales, Rental, or Leasing Facility An automobile sales, rental, or leasing facility is permitted in accordance with Table 5.04.oio and subject to the following standards and limitations: Page 19 of 32 1. Lighting Fixed lighting shall be shielded or have cut-off fixtures to prevent direct glare of beams onto any adjacent public or private property or street. Light poles shall be placed no closer than 45 feet apart. 2. Auto Repair and Service Automobile Repair and Service, Limited and General, shall be an allowed accessory use with an Automobile Sales Facility. Automobile Repair and Service, General shall not be permitted on the premises of a Rental Vehicle Facility and any allowed limited repairs shall be performed only within the principal building. 3. Screening from Residential Screening, meeting the guidelines of a Type C Bufferyard, shall be provided along all lot lines abutting or adjacent to a Residential District, to block any view of the use, its operations and stored or displayed vehicles, materials, and equipment from all points on such residential property when viewed from ground level. 4. Outdoor Display and Storage a. Display and storage areas shall be clearly shown on the Site Plan and identified on the site. b. Outdoor display of vehicles shall be set back a minimum of 25 feet from all lot lines abutting residentially zoned or developed property. c. Temporary overflow vehicle storage is allowed on paved surfaces only. This temporary storage shall not impede the traffic flow of the site or eliminate required parking spaces. d. Permanent and temporary tent canopies may be erected over areas used for automobile sales display and shall not be considered buildings, but may not encroach into building setbacks, required parking spaces, or drive aisles. All necessary building permits shall be required, but a revision to an existing Site Plan shall not be required if the tent canopy is located over an existing display area. All safety issues regarding fire and building codes shall be addressed. 5. Signage for Automobile Sales Facilities The following additional signage applies only to automobile sales facilities along the I.H. 35 northbound frontage road, from the southernmost boundary of the City up to, and including, the one lot north of Fox Drive. a. High profile monument signs are encouraged for sites with multiple corporate tenants consistent with Section 1o.06.030.G. Auto dealerships may have an increased height for a high profile monument sign located along the I.H. 35 frontage road of up to 35 feet. No more than one (1) sign shall be permitted at the 35 -foot height. No additional height shall be permitted. The structure of high profile monument signs shall be constructed of stone or brick materials and be colors compatible with those utilized on the primary building's facade. b. Additional high profile monument signage shall be allowed for those sites with multiple corporate tenants. The maximum amount of additional signage shall be limited to an increase of ten percent (10%) of the total pole sign square footage permitted in Chapter io. The maximum high profile monument sign height that utilizes the increased size shall be limited to 28 feet. The minimum road frontage of boo feet for a high profile monument sign is reduced to 250 feet for this section and the spacing of boo feet between high profile monument signs shall be reduced to 250 feet for this Section. c. A maximum of two (2) high profile monument or pole signs per site are permitted for sites with multiple corporate tenants with the maximum sign height of 25 feet and a maximum of loo square feet per sign. Page 20 of 32 d. For those sites with multiple corporate tenants the allowed wall signage may be increased ten percent (10%) to accommodate the additional tenant. e. For the purposes of this Section, entrance and interior directional signs shall not be counted toward the total allowed signage for the site; however, all other provisions of Chapter 10 shall apply to these signs. The business name shall be allowed to aid in direction in accordance with Section 10.03.020.C. f. No signs, balloons, banners, etc. shall be located within the public right-of-way. g. Balloons i. For the purposes of this Section, balloons shall not be deemed as fluttering/undulating/moving signs pursuant to Section 10.04. ii. Balloons shall be tethered, attached or anchored so as not to create any safety hazards by blowing into signs, utility lines, lights, etc. iii. Balloons and their tethering mechanism shall not exceed 35 feet in height. iv. Balloons for vehicle sales facilities shall not exceed a total of 5o balloons per loo feet of I.H. 35 road frontage. h. Banners shall be permitted pursuant to Section 10.07.020. S. Fuel Sales A fuel sales establishment is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: i. No more than eight (8) fuel pumps shall be permitted. 2. When designed for eight pumps, the canopy and arrangement of such pumps must be designed in a relatively square pattern as opposed to a linear distribution of the fuel pumps, as depicted below (where X = Two (2) fuel pumps): Acceptable C-1 Pump Arran eg_ ment: Unacceptable C-1 Pump Arrangement: X X X X X X X X 3. An eight (8) foot masonry wall shall be required at the property line of residentially -zoned property, in addition to the require bufferyards in Chapter 8. 4. Fuel pumps, vacuum, air, and water stations as well as other similar equipment are prohibited between the principal structure and the property line of a residentially -zoned property and shall comply with the building setbacks in all other circumstances. 5. The bottom of the canopy shall be a minimum of thirteen (13) feet in height. The maximum height of the overall canopy shall not exceed seventeen (17) feet. 6. In addition to the requirements in Section 7.05, any freestanding light fixtures shall be reduced in height to fifteen (15) feet if the use is adjacent to a Residential District. 7. No full-service or self-service car wash is allowed with the fuel sales use. Only an accessory 1 - bay automatic car wash is allowed. T. Car Wash A car wash is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: i. A self-service car wash facility may contain a maximum of four (4) self-service bays. 2. A fuel sales use is not allowed with either a full-service or self-service car wash. U. Building Size Limitation Commercial, retail, service, and office buildings are limited to the following maximum building size: Page 21 of 32 i. In the CN District, the maximum building size shall be 5,000 square feet. 2. In the C-1 District, the maximum building size shall be 25,000 square feet. Transportation and Utility Uses include uses for public or private utilities, transportation, parking and large-scale communication transmission facilities. These uses may serve small or large-scale areas with various intensity and nuisance. Transportation Uses include, but are not limited to, terminals, storage and dispatch facilities for public and private transportation. Utility uses typically contain light traffic and minimal personnel although some larger uses which serve the general community may not be compatible in residential areas. 5.05.010 Transportation and Utility Uses Allowed by District The following Use Table presents the Transportation and Utility Uses that are allowed in each Zoning District, in accordance with all standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.05.020. The `Notes' column of the Use Table contains direction on the specific limitation of the particular use. Table 5.05.010 Transportation and Utility Uses Airport S - S S -- Heliport - L L L L L L A Bus Barn S -- -- P P -- Parking Lot, Off -Site - P P P P P P P Parking Lot, Commercial - P P P P P -- P Park -n -Ride Facility P P P P P P P P Private Transport Service Dispatch Facility S P -- -- 11P -- S Rail or Transit Yard -- -- — -- -- -- -" -" -- "" -" -- P -- Transit Passenger Terminal P -- -- P P P Utility Services, Minor P P P P P P P P P P P P P P P P Utility Services, Intermediate L L L L L L L L L P P P P P P L B Utility Services, Major -- -- -- -- -- -- -- -- P P P P P P -- Wireless Transmission Facility, 40' or less L L L L L L L L L L L L L L L L 5.10 Wireless Transmission Facility, over 40' -- -- -- -- -- -- -- -- -- S -- -- S S -- 5•io Page 22 of 32 5.05.020 Transportation and Utility Use limitations All transportation and utility uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. A. Heliports Heliports are permitted in accordance with Use Table in 5.05.010 and subject to the following standards and limitations. 1. A heliport may be utilized without a Special Use Permit only as an accessory use to a hospital or government facility. 2. A heliport may be utilized with a Special Use Permit in the following situations: a. An accessory use to a full-service hotel, office building or convention center if the structure is over loo feet in height and the heliport landing pad is located on the rooftop of such a structure; or b. An accessory use to a business park that is a minimum of 40 total acres. B. Utilities Services, Intermediate Intermediate Utility Services are permitted in accordance with Table 5.05.oio and subject to the following standards and limitations: 1. Any structure associated with the use shall be set back twenty-five (25) feet from the property line of a residentially -zoned property. 2. An enclosed fence or wall at least six (6) feet in height shall be constructed at the boundaries of any structure or apparatus associated with the use, consisting of: a. Brick, stone, reinforced concrete, or other similar masonry materials; or b. Redwood, cedar, preservative pressure treated wood, or other similar materials; or c. An alternate material approved by the Director. 3. All fence posts shall be rust -protected metal, concrete based masonry or concrete pillars. 4. The intermediate utility use shall be screened with large evergreen shrubs planted four (4) feet on center and staggered 30 to 36 inches, located exterior to any required fencing. 5. The facility shall be secured. The Industrial Uses Section describes industrial uses, ranging from light manufacturing and assembly, equipment servicing, storage/ freight management to waste related services. Public traffic and onsite sales are very limited. Industrial uses and facilities are typically incompatible near residential districts. 5.06.010 Industrial Uses Allowed by District The following Use Table presents the Industrial Uses that are allowed in each Zoning District, in accordance with all standards and regulations of this Code. Page 23 of 32 Table 5.06.010 Industrial Uses 6pt� $S 1m f. 23 X''s, ^%7,g -i f rex a'cS v fi3 Ykx`" !.` ". 2 £ 1^...py, q,u Y YA ,".' si f y�� i �RSHT, F„l�; ii}r [ f 1 i'`i C a asd `;.z. k i Po. `+- •rg', bf i 'i,,, q tG T r.. ,:: -i`., ,« tirr.ir _va.,, >y Axf. "s. bC._ w..o "._as kK._-x 2.. ?{e ✓, ,. ., Sw ... .. a. .. .3i t,i '.l t v: -', .r' s's ,Contractor ...... ■mmmmeemmmmmaomm� ..... emmmmeemmmemoomm� . - ... - ■mmmmaammmmmoomm�■ Research, ....... .. ■mmmme©mmmmmoomm � .Processing... - . -. ■mmmmemmmmmemoma� .......... - . ■mmmmemmmmmmooma� Warehousing..... -. ■mmmmemmmemamoma� ..., ..... General ■mmmmmmmmmme©oma Truck ■mmmmmemmmm�momm� ,- .. ■mmmmemmm■©mmomm� . ........ mmmmmeemmmmmeommi Asphalt - .Batch-Plant■mmmmeemmmmmeom ..Extraction©mmmmaemmemm■©mm� . Refinery ...... ■mmmmemmmmmm■©mm� ,Recycling. - . - . ■mmmmmmmmmmmmoma� .--- . - • - ■mmmmemmmmmme©mm� 'Wrecking, Scrap....... ■mmmmmmmmmmma©mm 5.06.020 Industrial Use Limitations All industrial uses shall meet any applicable provisions of the City Code of Ordinances. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. Section 5.07 Agricultural Uses Agricultural uses are intended primarily for the raising of animals and crops and secondary industries associated with agricultural production. Such uses are often found in large, open areas that are separated from, and incompatible with, urban development. 5.07.010 Agricultural Uses Allowed by District The following Use Table presents the Agricultural Uses that are allowed in each Zoning District, in accordance with all standards and regulations of this Code. Page 24 of 32 Table 5.07.010 Agricultural Uses 5.07.020 Agricultural Use Limitations .All agricultural uses shall meet any applicable provisions of the City Code of Ordinances. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. Temporary uses have characteristics that require certain restrictions in order to insure compatibility with other uses in the zoning district in which they are proposed. All temporary uses are required to obtain a Temporary Use Permit pursuant to the procedures of Section 3.11. Temporary uses are subject to the corresponding standards and limitations of this Section. If the operation of the temporary use violates any other City Ordinances, the Permit shall be revoked unless satisfactory compliance is achieved. Renewal of a temporary use permit, as allowed within this section, is subject to approval by the Building Official. It shall be the responsibility of the applicant to demonstrate that the conditions of the original approval still exist. The following Use Table presents the temporary uses that are allowed in each Zoning District, in accordance with all standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.08.020. The `Notes' column of the Use Table contains direction on the specific limitation of the particular use. Page 25 of 32 Construction Plan approval, as applicable, following the procedures outlined in Chapter 3 of this Code. Any temporary parking associated with the construction field office shall follow the standards and procedures of Section 5.o8.020.F below. E. Construction Staging, Off -Site This Section applies to the temporary use of property outside of the right-of-way for activities related to the construction of public improvements. Temporary facilities allowed in conjunction with a staging site may include a construction field office, portable restroom facilities, vehicle or equipment storage, layout yards, storage of construction materials or product, and other uses as determined by the Building Official, but the temporary manufacturing of concrete or concrete products is not included as part of this use and is subject to the restrictions of Section 5.o8.020.C. Off-site construction staging facilities may be located in all zoning districts where they are directly associated with construction of public improvements in the area, subject to the following requirements and limitations: i. Off-site construction staging facilities are permitted on a 12 -month basis. The applicant may request to renew such approval upon its expiration if the conditions of approval still exist. An unlimited number of renewals may be applied for and considered. 2. Such facilities shall be located within 1,500 feet of the boundary of the construction project and shall not be located within 500 feet of existing residential development. Existing residential development shall be deemed any existing structure that is currently used as a residence and shall not include undeveloped property. 3. Notification of all property owners within Zoo -feet of the subject site shall be required 15 -days prior to any action by the Building Official. 4. Stormwater and Driveway Permits must be obtained from the Development Engineer. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and the tracking of mud onto public rights-of-way. 5. Total impervious coverage shall be limited to 50% of the site. 6. An undisturbed natural buffer of fifteen (15) feet shall remain along lot lines adjacent to other properties. 7. Hours of Operation shall meet adopted Building Code requirements. 8. Any temporary parking or construction field offices associated with the construction staging area shall follow the respective standards of both, as specified in this Section. 8. Following completion of the associated project, the site must be returned to its pre -construction state. All buildings, driveway access, curb and gutter, debris and product must be removed and the area must be sodded, seeded or hydromulched with grass within 45 days of removal. F. Parking Lot, Temporary A temporary parking lot may be approved, for a period not to exceed twelve (12) months, when parking in excess of what was installed when a facility first opened is necessary to accommodate business or unanticipated patronage. A temporary parking lot required as part of another temporary use permit may be approved in accordance with the period of time established for such temporary use. All temporary parking lots are subject to the following requirements and limitations: i. Site Plan approval shall be obtained pursuant to Section 3.09. 2. Stormwater and Driveway Permits shall be obtained from the Development Engineer. 3. The surface material of the parking lot shall be approved by the Development Engineer; 4. Curbs, gutters or other improvements may be required where necessary to comply with drainage regulations as approved by the Development Engineer; Page 27 of 32 5. Entrance to the lot from any public right-of-way shall be pursuant to the driveway separation requirements of Section 12.03.020; 6. When entrance is allowed to the lot from a public right-of-way, that portion of the entrance located in the right-of-way shall be paved with an all-weather surface as approved by the Development Engineer; and 7. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and the tracking of mud onto public rights-of-way. 8. At the end of the permit approval period, the area shall meet the following: a. The area shall no longer be used for the parking of vehicles, except as permitted below. All paving material, driveway access and curb and gutter must be removed and the area must be sodded, seeded or hydromulched with grass within ten days of removal. b. A temporary parking lot approved for the purposes of accommodating unanticipated patronage may be retained if brought up to full compliance with all standards of this Code. If no Site Plan is approved within two (2) months of the expiration of the temporary approval, the temporary parking lot shall be removed in accordance with the standards above. G. Portable Classrooms Portable classrooms are permitted in accordance with Table 5.08.010, subject to the following standards and limitations and the requirements of Section 3.11. 1. Portable classrooms are allowed as part of a site -built public school facility. 2. A site -built school building and required site improvements must be in place prior to any placement of portable classrooms. 3. The square footage of portable classrooms shall not exceed twenty percent (20%) of the total square footage of the principle, site built school buildings. 4. The portable classrooms shall be shown on a approved Site Plan and may be added to an existing Site Plan as part of an amendment process. 5. Required parking for the entire school facility shall be maintained per Chapter 9 of this Code, including any increases needed to accommodate the portable classrooms. H. Residential Sales Offices and Model Homes A temporary residential sales office or model home must be located within the legal subdivision for which lots are being sold. In addition, the following standards and limitations shall be met: 1. A Temporary Use Permit with a conditional Certificate of Occupancy to operate the model home will expire after twelve (12) months unless it is renewed by the builder, upon which the burden shall fall to demonstrate to the Building Official that the conditions of approval still exist. An unlimited number of applications to renew the Temporary Use Permit may be applied for and considered. 2. The builder of a model home that has been constructed to market a phase of a phased development may request extension of the Temporary Use Permit in order to market new phases of the same development, but only if there is no increase in the total number of model homes within all of the phases. 3. A permitted model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision if the builder has no model home in the second subdivision and when such sales are clearly secondary, as demonstrated through signs and advertisements, to the marketing of lots within the subdivision in which the model is located. 4. The builder of a model home constructed to market one legal subdivision may be granted a Temporary Use Permit to market a new legal subdivision for the period during which a new Page 28 of 32 model home is being constructed in the new legal subdivision. Such Permit shall be valid for a period not to exceed six (6) months, with no renewal. 5. There is no restriction on the number of model homes permitted in each subdivision. 6. The design and construction of the model home must be consistent with the character of the subject neighborhood. A model home or temporary sales office may construct a monument sign no larger than sixteen (16) square feet and no taller than four (4) feet in height, subject to the requirements of Chapter io of this Code. 7. The model home shall be constructed in such a manner that it can be converted, without structural changes, to a single family or two-family residence (as allowed by the zoning district). Such conversion shall occur no later than after the issuance of Certificates of Occupancy to 8o percent of the associated residential units or when use as a sales office or model home has ceased. 8. A conditional Construction Permit for the model home may be issued once the streets to the subdivision have been constructed to sub -grade and water service and a fire hydrant are located within 500 feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The conditional Certificate of Occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a Final Plat has been filed with the County and all utilities are connected to the home. 9. A temporary building for use as a sales office is permitted on a 6 -month basis only if a model home has not been constructed. The temporary sales office is subject to the renewal policy outlined for model homes, but shall be removed once the model home has been constructed. I. All Other Temporary Uses Other temporary uses deemed appropriate and compatible with the district and surrounding land uses may be permitted at the discretion of the Director. 5.09.010 General All merchandise, material or equipment stored or displayed outdoors shall be restricted to the designated Non -Residential Districts as allowed by and subject to the requirements of this Section, with the exceptions of those listed in Section 5.09.020. 5.09.020 Exceptions A. Outdoor products that are actively for sale, but only when the primary use of the site is outdoor retail sales, such as landscape sales, heavy equipment sales, etc. B. Agricultural Uses located in the AG, Agriculture District. C. Waste generated on-site and deposited in ordinary refuse containers. D. Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing), except as noted in Section 5.09.030.D for off' -site outdoor vehicle display. Page 29 of 32 5.09.030 Outdoor Display and Storage Requirements and Limitations Outdoor display and storage shall be allowed in the Districts designated in the table below. Table 5.09.030: Permitted Outdoor Disnlav & Storage Table I v C -1' C-3 PF BP IN Notes' Category MV -DT Outdoor Display, Limited X I_ X X X A, B Outdoor Display, General _ X T _ _ X A, C _ _ _ Outdoor Display, Off -Site Vehicles _ X X— A, D Outdoor Storage, Limited X X^ X —� A, E _ Outdoor Storage, General X A, F A. Requirements for all Outdoor Display and Storage 1. All outdoor display and storage areas shall be clearly shown on the Site Plan for the property or, where no site plan of record exists, all required information shall be shown on a scaled drawing or property survey. 2. All outdoor display and storage areas shall not be located in the following: a. a required setback; b. a required buffer yard; or c. required off-street parking spaces or stacking areas. 3. All outdoor storage, notwithstanding no. 2 above, shall be set back at least fifteen (15) feet from the back edge of an adjacent curb or street pavement. B. Outdoor Display, Limited 1. Limited outdoor display of merchandise, goods, or materials actively for sale or samples thereof are allowed only in association with the primary use of the site on which displayed. 2. Limited outdoor display is allowed only in a front yard or street yard, in addition to the following limitations: a. The display shall not extend a distance greater than five (5) feet from the wall of the principal building; b. The display shall not extend to a height above ten (io) feet; c. The display shall not occupy more than thirty percent (30%) of the linear distance along the wall; and d. The display shall not be permitted to block windows, entrances or exits, nor impair the ability of pedestrians to use the building. C. Outdoor Display, General 1. General outdoor display of merchandise, goods, or materials actively for sale or samples thereof are allowed only in association with the primary use of the site on which displayed. 2. General outdoor display shall not exceed i,000 square feet or ten percent (io%) of the total site area (whichever is greater). 3. General outdoor display that is located adjacent to a wall of the principal building, in a front yard or street yard, shall comply with the following limitations: a. The display shall not extend a distance greater than five (5) feet from the wall; b. The display shall not extend to a height above ten (1o) feet; Page 30 of 32 c. The display shall not occupy more than thirty percent (30%) of the linear distance along the wall; and d. The display shall not be permitted to block windows, entrances or exits, nor impair the ability of pedestrians to use the building. D. Outdoor Display, Off -Site Vehicles 1. Off-site outdoor display of vehicles is allowed only if it is associated with an auto dealership whose principle establishment lies within the corporate limits of the City of Georgetown. 2. The vehicles displayed at the off-site property shall not be offered for sale. 3. A maximum of six (6) vehicles may be displayed at the same time at an off-site property. 4. The vehicles display area shall be located on an approved paved surface, subject to approval by the Development Engineer. 5. The vehicle display area shall require the approval of the Director, which shall be noted on the Site Plan or, where no site plan of record exists, all required information shall be shown on a scaled drawing or property survey. 6. Vehicle window signage for display vehicles will be allowed in accordance with all other signage limitations for the District in which it is located. E. Outdoor Storage, Limited i. Limited outdoor storage is the storage of merchandise, goods, or materials that are not actively for sale, are in individual packaging, and are not located within storage containers. Examples of limited outdoor storage included materials, organic or otherwise, stored on pallets, or shelves. 2. Limited outdoor storage shall not be allowed in a front yard or street yard. 3. Limited outdoor storage shall not exceed i,000 square feet or twenty percent (20%) of the total site area (whichever is greater). 4. Limited outdoor storage shall be completely screened from view by a solid opaque wall or fence at least six (6) feet in height or one (1) foot above the height of the stored materials, whichever is greater. The wall or fence shall be constructed of materials that include, but are not limited to, brick, stone, reinforced concrete, or other similar masonry materials; redwood, cedar, or preservative pressure -treated wood; or other materials as approved by the Director. 5. Limited outdoor storage areas shall be paved and painted to distinguish them from required off- street parking areas. F. Outdoor Storage, General i. General outdoor storage is the storage of merchandise, goods, or materials that are not actively for sale that include all forms of outdoor storage, including limited outdoor storage. Examples of general outdoor storage include items stacked on pallets and shelves, stored in shipping containers or conexes, and semi -trailers not attached to a truck. 2. General outdoor storage shall not be allowed in a front yard or street yard. 3. General outdoor storage shall be completely screened from view by a solid opaque wall or fence at least eight (8) feet in height or one (1) foot above the height of the stored materials, whichever is greater. The wall or fence shall be constructed of materials that include, but are not limited to, brick, stone, reinforced concrete, or other similar masonry materials; redwood, cedar, or preservative pressure -treated wood; or other materials as approved by the Director. 4. General outdoor storage areas shall be paved and painted to distinguish them from required off- street parking areas. Page 31 of 32 Section 5.10 Wireless Transmission Facilities Existing Section 5.o6 Wireless Transmission Facilities has no changes proposed and is being renumbered as Section 5.10. Page 32 of 32 Exhibit E 6.02.010 General Lot Requirements No building permits or other development approvals shall be issued for development that does not meet the following minimum requirements: A. All development shall be located on a legal lot. B. All development (with the exception of open space or drainage lots) shall have direct access and frontage on one of the following: 1. A public street; or 2. A public street via a public alley. C. All development applications submitted after October 27, 2009, shall meet the provisions of Paragraph (B), above, at a minimum width of twenty-five (25) feet. D. Intersection visibility shall comply with the provisions set forth in Section 12.03.050, E. Side lot lines shall intersect rights-of-way at an angle between 6o and 90 degrees on a straight street or from the tangent of a curved street. F. All lots must be numbered consecutively within each block, phase or plat. G No building or structure shall be constructed across lot lines. 6.03.010 General A. In addition to the lot, dimensional, and design standards in this Chapter, all residential development in a Residential Zoning District or in the Agricultural District shall comply with the appligable let, dimensional, any aDalicable requirements -contained in other Chapters of this Code. 6.03.020 AG — Agriculture District The Agriculture District (AG) is intended to allow large rural residential development, agricultural, and farming uses and may include lands that are relatively undeveloped. The AG District is also the default district for land newly annexed into the City, but not yet placed in an appropriate zoning classification. For these reasons, the AG District may contain a wide variety of residential and non-residential uses. The AG District may take on characteristics of either a residential or a non-residential zoning district and certain design criteria may be required depending on the use. A. Lot and Dimensional Standards Lot Size, minimum. square feet 2 acres Lot Width, min. feet 100 Front Setback, min. feet 25 Side Setback, min. feet 10 Rear Setback, min. feet 20 Building Height, max. feet 35 Accessory Building Height, max. feet 35 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Single -Family detached (minimum lot size: two (2) acres). 2. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the AG District. 3. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the AG District. 4. Those accessory uses identified in Section 5.02 of this Code that may be compatible with the primary uses allowed in the AG District. C. Non -Residential and Accessory Design Standards i. Non -Residential and accessory uses shall meet the lot and dimensional standards of the AG District, in addition to the provisions of Sections 6.05 and 6.06, except as provided below. 2. Non -Residential uses shall meet the requirements of Section 7.03 and 7.04. 3. Residential accessory uses shall meet the requirements of 6.06.010. 4 Xccessory structures associated with a Non -Residential Use allowed in Table 9.07.010 (Agricultural Uses) may exceed the accessory building height defined in this Section as allowed by Section ,.07mo. 6.03.070 TH - Townhouse District The Townhouse District (TH) is intended for townhouse and two-family dwellings. The TH District is appropriate for infill development as well as a transition from residential areas to Non -Residential areas. This District is also appropriate in areas designated on the Future Land Use Plan as one of the Mixed Use Land Use Categories. In the TH District, townhomes may be located on a single lot or multiple lots, provided that the provisions of this Chapter are met. More than one (1) principal structure may be located on a single lot, with a maximum of 6 units per structure. Townhouse development constructed in a Non -Residential District shall comply with the minimum setbacks, building heights and impervious cover standards of the Non -Residential Districts. All other lot and dimensional standards of the TH District as noted in the table below, shall be met in addition to residential design standards numbers 1-4 in subsection "C" of this Section. TB additian Dimensional development. A. Lot and Dimensional Standards TH - Townhouse Lot Size, minimum. square feet 6,000 Townhouse Lot 13welli Size, min. 2,000 square feet Page 2 of 6 Lot Width, min. feet 466 Townhouse I3wel-li�Lot Width, min. feet 22 Dwelling Units per structure, max. 6 Front Setback, min. feet 15 Side Setback, min. feet 10 Interior Side Setback, min. feet 0 Rear Setback, min. feet 15 Building Height, max. feet 40 Accessory Building Height, max. feet 15 Impervious Cover, max. % See Section 11.02 B. Allowed Uses C. Residential Design Standards The design standards below apply to all dwellings in the TH District in addition to all Site Design standards in Section 6.06. Required Setbacks 2. Building Design 3, Private Open Space (moved from #4) 4. Common Recreation Area (moved from #5) 5. Bufferyards (moved from #3) 6.03.080 MF - Multifamily District The Multifamily District (MF) is intended for multifamily residential development, such as apartments, townhouses, and associated uses. The MF District is appropriate in areas designated on the Future Land Use Plan for higher density and mixed-use and may be located along major thoroughfares. The MF District is appropriate adjacent to both Residential and Non -Residential Districts. More than one (1) principal structure may be erected on a single lot in the MF District. Multifamily units constructed in a Non -Residential District shall comply with the standards of the particular Non -Residential District, not the standards of the MF District. However, all design standards of this Section shall apply in addition to such standards of the Non -Residential District, where the more stringent provision shall apply. In addition Dimensional Interpretations and Exceptions in Section 6.oS and aDi)licable Site Design standards locates( in Section 6.06 shall apply to such development. A. Lot and Dimensional Standards MF — Multifamily Lot Size, min. square feet 12,000 D,Arellin,i� Size, ow Townhouse Lot DweI4 a Size. min. square 2.000 feet Page 3 of 6 Units per Stntetwe acre. max. 24 Apartment Units per structure, max. 24 Townhouse Units per structure, max. 6 Lot Width, min. feet 40 Townhouse Dwe4irta Lot Width, min. feet 22 Front Setback, min. feet 20 Side Setback, min. feet 20 Interior Side_Setback for a_'i_otir�nhouse, min. feet 0 - Rear Setback, min. feet 20 Building Height, max. feet 60 Accessory Building Height, max. feet 15 Impervious Cover, max. % See Section 11.02 Be Allowed Uses 1. Multifamily. 2. Townhouse (on one lot or multiple lots). 3. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowable in the MF District. 4. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the MF District. 5. Those accessory uses identified in Section 5.02 of this Code that may be compatible with the primary uses allowed in the MF District. 6.05,020 Setbacks The setback provisions in this Section apply to lots in the Agriculture District and all Residential Districts, unless otherwise specified in this Chapter. A. General i When determining the setbacks for corner lots, the front lot line shall be adiacent to the shortest street dimension of the lot. In instances where the lot is relatively square or other Ase unusually shaped, a request may be made to the Director for a determination of the front lot line. 2. No part of a setback or other open space required in connection with any building, lot, or use for the purpose of complying with this Code shall be included for any other building, lot or use as part of a setback or open space. B. Setback Reductions and Exceptions • - - • : i : • . . • - : I . - - f - f oil • • I • , • . . W • • . • . . • ! • • • vf met. - • • I i When determining the setbacks for corner lots, the front lot line shall be adiacent to the shortest street dimension of the lot. In instances where the lot is relatively square or other Ase unusually shaped, a request may be made to the Director for a determination of the front lot line. 2. No part of a setback or other open space required in connection with any building, lot, or use for the purpose of complying with this Code shall be included for any other building, lot or use as part of a setback or open space. B. Setback Reductions and Exceptions • / 9 - - • : i : • . . • - : I . - - f - f oil • • I • , • . . • / 9 C. Features Allowed Within Required Setbacks The following features are allowed to be located within a required setback: 4. Uncovered patios and pools, but only if located in the side or rear setliaeks reds at least three (3) feet from the property line. 6.06.010 Accessory Structures, Garages and Carports The requirements of this Section apply to the AG, Agriculture District and all Residential Districts, except as specified.. Resideft a eeess,,..., Stni tures atid ,,.,, A. Accessory structures and buildings shall meet the dimensional standards of the base zoning district, except as specified in this Section. B. The accessory structure shall only be located on a lot with a principal structure, unless two adjacent lots have common ownership, in which case the structures maybe located on different lots. In such instance, the accessory structure shall be located in the rear ,yard as determined by the lot with the principal structure on it. C. The souare footace of an aecessoiw structure shall not exceed 25% of the square footage of the principal structure. For the purposes of this calculation, the square footage of a garage shall not be considered mart of the principal Structure. D* AccessoLl! structures measuring eight (8) feet or less in height are allowed in the setbacks in the rear°amp to three (3) feet from the property line, but may not extend into any P.U.E. Properties in the Old Town Overlay District must follow the procedures outlined in Section 4.09.040, Special Exception for Setback Modification and the approval process pursuant to Section si.is. E. Garages and carports, whether attached or detached from the principal structure, shall be set back a minimum of twenty (20) feet from the public street from which the associated driveway takes access or a minimum of ten (10) feet when taking access from a public alley. F. No more than 30% of the rear yard sethaek may be covered with accessory buildings or structures. All impervious cover requirements in Section 11.02 shall be met. G. Accessory= dwelling units located in accessory structures in the AG, RE, RL and RS Districts are allowed subject to the limitations provided for in Section ,,.03.o3o.B or within a Housing Diversity Development without limitations (as detailed in Section 6.08.020). Page 5 of 6 6.06.020 Accessory Dwelling Units __ _ • • i f I I � ME LIVA+ SMal we a�to a owe a w� &VYVA we t��we M IS a &OWE 0&11010 S • • • • • • • • 1 • ♦ • • • • I 172 RT MEM Inox4a' • il•••1A00k"9!!wi�l tIng•A�11s1s1� 4VI V t!■���)t]<J tt'i �\�1�\�VA �AIA \�11h1�iI.1 __ _ • • i f I I � ME LIVA+ SMal we a�to a owe a w� &VYVA we t��we M IS a &OWE 0&11010 S • • • • • • • • 1 • ♦ • • • • I 172 6.06.030 Residential Fences In all Residential Districts residential fences are allowed using the following criteria. Fence height shall be measured from ground level on the higher side of the fence. 6.06.040 Residential Boundary Walls In all Residential Districts, any residential development that is bounded on any side by a inaior street as defined in this Code, shall provide a wall along said boundary using the following criteria, unless the 1. ouz da rNI will would be in the front yard of such residential development. Page 6 of 6 W FML 6.06.030 Residential Fences In all Residential Districts residential fences are allowed using the following criteria. Fence height shall be measured from ground level on the higher side of the fence. 6.06.040 Residential Boundary Walls In all Residential Districts, any residential development that is bounded on any side by a inaior street as defined in this Code, shall provide a wall along said boundary using the following criteria, unless the 1. ouz da rNI will would be in the front yard of such residential development. Page 6 of 6 Exhibit F 7.02.010 General Lot Requirements No building permits or other development approvals shall be issued for development that does not meet the following minimum requirements: A. All development shall be located on a legal lot. B. All development (with the exception of open space or drainage lots) shall have direct access and frontage on one of the following: i. A public street; or 2. A public street via a public alley. C. All development applications submitted after October 27, 2009, shall meet the provisions of Paragraph (B), above, at a minimum width of twenty-five (25) feet_ D. All structures must be situated on a lot so as to provide safe and convenient access for servicing, fire protection, on-site parking, landscaping, utility easements, and right-of-way. E. Intersection visibility shall comply with the provisions set forth in Section 12.03.050. F. Side lot lines shall intersect rights-of-way at an angle between 6o and go degrees on a straight street or from the tangent of a curved street. G. All lots must be numbered consecutively within each block, phase or plat. H. No building or structure shall be constructed across lot lines. 7.03.010 General A. In addition to the lot, dimensional, and design standards in this Chapter, all Non - Residential development in a Non -Residential, Special Purpose, (,,.,,,',,dkig AG-, gFie ltur-e) and Mixed -Use Zoning District shall comply with the .,,.plieabl et dimensienal, and design any pplicable requirements contained in other Chapters of this Code. Table 7.03.oio Nan -Residential Lot and Dimensional Standards I'+on�Residential Zoning Districts Dimension CN C-1 0J OF BP IN PF MU -DT MU District Size, min. acreage -- -- 5 -- 20 5 -- -- 5 Lot Width, min. feet 50 50 50 50 50 50 50 25 d Front Setback, min. feet 20 25 25 25 25 35 25 0 Front Setback, 0 0 -- 0 -- -- 0 w � Build -to Option, �' w Refer to Section 7.03.030.B for the Build -to Option Front Setback, 0 0 0 0 0 0 0 Downtown Gateway Overlay Refer to Section 4.13.040 for Downtown Gateway Setbacks part of a Side Setback, min. feet 5 10 10 10 10 20 5 0 any Side Setback to Residential District, min. feet 10 15 15 15 20 25 15 0 Rear Setback, min. feet 0 0 10 10 10 20 0 0 Rear Setback to Residential District, min. feet 20 25 25 25 25 35 25 0 Building Height, max. feet 30 35 45 45 60 60 45 40 Bufferyards Refer to Section 8.08 for Bufferyard Requirements Landscaping Refer to Section 8.03 for Minimum Landscape Requirements Impervious Coverage Refer to Section 11.02 for Impervious Coverage Requirements A. For properties located in an Overlay Zoning District, additional or alternative provisions may apply. See Chapter 4 for all applicable Overlay Districts. B. For Non -Residential development in a Conservation Subdivision, see Section > i.o6 for alternative development standards. C. Additional design limitations may be required for specific uses in Chapter 5 of this Code. When in conflict, the stricter provision shall apply. 7.03.030 Dimensional Interpretations and Exceptions A. General i. When determining, the setbacks for corner lots. the front lot line shall be adjacent to the shortest street dimension of the lot. In instances where the lot is relatively square or otherwise unusually shaped, a request may be made to the Director for a determination of the front lot line. 2. No part of a setback or other open space required in connection with any building lot or use for the purpose of complying 1vN4th this Code shall be included for any other building lot or use as part of a setback or open space. Page 2 of 2 Exhibit G • w �` ,+ • • The Landscaping requirements in this Section are associated with the Gateway Overlay Districts established in Section 4.00. The following standards are required for all .properties located along the corridors listed in Section 4.00.oflo, unless otherwise specified. RMIU13111=F A. Gateway Overlay District Landscape Calculation The Gateway Overlay District landscaped area shall be calculated by multiplying the lot width along the right-of-way times the depth of the landscape buffer. This square footage divided by i000 determines the landscape units for calculation. All trees and shrubs species shall be froin the City of Georgetown Preferred Plant List located in this Code and in the Development Manual. Trees planted in the DowntoNvn Gate�� ay shall use the species found in Table 8.o7.olo, B. Shared Landscaping Reguirements for Gateways i. The landscape buffer area shall be landscaped and maintained with at least 8o% live vegetative coverage excluding the area required for driveways, sidewalks, bicycle paths, and drainage features, as allowed with limitations in Section 4.09.040.E. The remainder may be impervious landscaping such as landscape rock, native rock walls, fountains, statuary, and signs in compliance with Chapter lo. No f Fencing shall not be is allowed within the Gateway landscape buffer. 2. Trees and shrubbery are required within the landscape buffer at a ratio of at least tNN10 2 -inch caliper shade trees and five 5 -gallon shrubs for every l,000 square feet of land. All vigorous, existing trees listed in Table 8.04.020 and/or the City of Georgetown Preferred Plant List, that are preserved shall count toward the required tree plantings if they meet or exceed the minimum of 2 inches in caliper. Landscaping shall include a variety of different species and no more than 25% of all required trees and shrubs may be from the same species. Planting Is offsets should be of at least 6 feet and are required for every 6o feet of continuous landscape plantings, while providing informal massing and framing views. C. Specific Landscaping Requirements for Gateway Overlay Districts 1. Downtown Gateway a. Landscape Buffer A 1 o +5 foot landscape buffer is required from the designated roadway and will be measured from the property line. b. Parking Restricted As established in Section 4.09,040 parking, is prohibited in the vard facing the Gateway roadway, Of the required allotment of trees, Street Trees shall be spaced o= feet apart and 51 feet behind the property line. Street Trees allowed in the Downtown Gateways are listed in Table 8.o2.o1o, below. StreefTLLtet tFees Gateways-, Table Q n n ! A n .,I Table 8.07.010 Street Trees for Downtown Gateways Botanical Name - Lar e Common Name - z.Large Ulmus crassifolia Elm, Cedar Ulmus parvifolia Elm, Lacebark Quercus macrocarpa Oak, Bur Quercus muehlenber =ii Oak Chinc ua in Quercus glaucoides Oak Lace r Ouefetis Quercus polymorpha Oak, Monterey Quercus shumardii Oak, Shumard Botanical Name -Medium Common Name - Medium Prunus mexicana Mexican Plum La erstroemia indica Cra e Myrtle See the U.S. Department of Agriculture, Forest Service publication on "Homer to Identify and Manage Oak Wilt in Texas" available on www.texasoakw-ilt.org Page 2 of 2 Exhibit H Section 9.01 General 9.01.010 Authority The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter, 9.01.020 Purpose Off-street parking and loading requirements are established to ensure that all developments within the city provide adequate and reasonable parking necessary to serve the development or use. 9.01.030 Applicability Off-street harking and loading standards required by this Chapter apply in the follow int circumstances in addition to anv additional standards or requirements provided for this Code: The off-street parking and loading standards o�r4-e� zn 5.���or� apply to any new building constructed and to any new use established. B. Expansions and Alterations F..t-�r_---,3_dF�,,y ------------- 4ifi itr,� st $'m tn-`§sxCi{€zlr%� t 3rctrT?I{xi?f}i E.c The off-street parking and loading standards may be required for compliance when an existing structure or use is expanded or enlarged as provided in Chapter 14 of this Code. C. Change in Use lxt' C s f=l -s -(,A sl-i-r(��s<<3(-e-1 r2 r}�� �fr�r"e�(lf' Ez �C�af'r�� l;cri�tl;i� f3} titttlE�iE��lz��.: _ ..--------- -- - — — - itt 4`3 t➢€" z # rr t -31i .%ti iii#it i? f E %' i 3 k c` € s€ +`, {} t tE3 zi { E.'g: z---- t The off-street parking and loading standards may be required for compliance if a use changes as provided in Chapter 14 of this Code. 9.01.040 Timing of Installation Required parking spaces and drives will be ready for use and approved by the Director prior to issuance of a Certificate of Occupancy. 9.02.010 , _ Minimum Requirements Existing parking and loading spaces may not be reduced below the requirements established in this Section without approval of an Alternative Parking Plan by the Director. Any change in use that increases applicable off-street parking or loading requirements shall use the provisions in Chapter 14 Non -Conformities to determine -the necessary improvements. ? i4l- e{�t'eri+'i� -B_V-1,tS,at-iot2 Of Uhic ����'$tz3��"�r� ��'?�� ���-rt_#t� �{}rt��ri�.:'-r��z$t:fµ'av_.i€t'���a➢tf#xt'(�arr�-rs:'��'r�t��;ra�"�'t'r§c}� ifi�'�#3-�-�`i� z*rier�s�f3�-���'.�> If parking is provided in excess of ,e�oilo% of the parking spaces required in the Off -Street Parking Requirements Table, additional landscaping and tree canopy area shall be provided equivalent to g lo% of the tjLnj�Llea's impervious cover., notwithstanding the requirements of Table 8.02.010. Parking in excess of 12!3% of the spaces required in the Table shall require additional landscaping and tree canopy equivalent to 2!-,% of the lot's impervious cover, notwithstanding the requirements of Table 8.02,010, 9.02.030 Off -Street Parking Requirements A. Off -Street Parking Requirements Table The following Table lists minimum off-street parking requirements by land use category. Page 2 of 7 N`' i' PS R .".'.'�9„T��VA .3, a�ti1,.Y #L�txl—, :tip>�s2,7£�—e�1}£t tria:�i i Y 1 LY 4',st t• Yt yp'_"ry i�":lig ' } j)i .. v. t �`: ? xL Ylli:�:���. "fi 44.:"+ i�S i�r {.'�i�il� iix..:� r Y1'"'ro.`_ 'I 3`Q ?�{..•i». e 'if Y-"i#?Y"wrtea.,_.y i ;.._(_g,.r".i ���y;:.�: ]7 P:"�'�ri'C;�" I � .. 7 .£..?7.i1:"i y \( y [� y vp 13.`,..,i S .:)���1/i� 1��. -y y T...i-Y%i Y.._i_.„yi�j....f_12.1:l.% i';—+p ` -Cfll "# u "Oil rRI-11-1[Vj S efl�4' L1 -f s t i • ff45 �Y Y4��W.Si�:a +pyo i Yi %ft 'R' R— iN-If '-H-Fff §`—Yiili<x Jt.t4 $ ��ii.5i ••.•L, �—�4F�'4b"tl i�F li'�[ii3 �,'i\+Ci�AALE� Of ii ���t`t`A'i��.ii�•.•[A1isU"[�'f+�'�i'. ygy ay_y}Y.gyp k. ,l�l.�"I��Y�if��2. Page 2 of 7 Page 3 of 7 4 iEIE ('�c.3E:1f3 {-"i sif}e i 21:z2 tl kliil! 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(-•k. f'4/�i�'���St„-0'F'�.�':7'�'i"X1 ltd\a y�y y�7 .S:�i� £ y •y,.!$f•"i.$�ig.l iLi.:. i�i\jytjj1[6��6d"g�"�.I 4..i 3. ��t�y y,��}y (y Ji. yf�',i 'v-' ,j�_�_.'}�_��_ -ae Page 4 of 7 ,uF �-a��>iy��' � i��# d M Its 0 Roam grid w 010% 1 CM -1 OEM m1mmou Ing IMM � 2 per dwellipg unit 4Y t ti�$cx�. 11 per bedroom1 per bedroom f_'+t—i, Educational and r 4g lk Dav Care 1 per •R•GFA YL��l t'i••t13�1.1 ,,__ee.���tt a'x 44 x �i MiceR FacilitiesAll other Educational per classroom 1 per 2.S seats capacity, for auditoriums and flexible §page Government and I ment/ Post Office 1- lCommunAy Facilities lLper R 2150 ft -3 GFA + 1 per fleet vehicle Medical and Institutions Facilities Hospitals Sr2 beds j�tt a. ;? All other Institutions LL) -,Lr • fte-1 GFA } - -{-'ti''(�, tAi'-`.a?tr?':F}}t'E'- Table R • MM, 3?rfv ".�*S.tur Y'Z .'c£ t' v< '4 Household Its 0 Roam grid w 010% 1 CM -1 OEM m1mmou Ing IMM � 2 per dwellipg unit 11 per bedroom1 per bedroom Educational and r Day Dav Care 1 per •R•GFA ��L'S 1 per classroom + 1 per 2.5 seats o �i MiceR FacilitiesAll other Educational per classroom 1 per 2.S seats capacity, for auditoriums and flexible §page Government and I ment/ Post Office 1- lCommunAy Facilities lLper R 2150 ft -3 GFA + 1 per fleet vehicle Medical and Institutions Facilities Hospitals Sr2 beds _patient All other Institutions LL) -,Lr • fte-1 GFA Page 5 of 7 MEMEMEEMEM Table 9,02,030 Utt-Street Yarki Ke uireinems ri per hole + 1. per 25o ft2 GFA of clubhouse and Golf Courses and Countm Clubs Parks and Oven Spaces other structures including pools and tennis courts Neighborhood Amenity Center 1 per Soo ft2 GFA + 1 additional for eveiWrioo ft2 GFA over 1800 ft2 GFA, includin )ools All other Parks and Oben Spaces Determined by Director Places of Worship Religious Assembly 1 per ioo ft2 GFA of sanctuary, classrooms flexible scating areas Connnercial Uses Mixed -Use Retail Center* o tional Commercial Centers less than 150 ft2 GFA 1o,000 sq. ft. including all. Commercial Commercial Uses (except Self - storage, Ag. or Landscape Supply, Funeral. Repair, and Commercial. Sales and Sen Lice) Automotive Sales and. Services Car Wash mer 200 ft'= GFA (does not include self-service facilitAT + 2 spaces All other Automotive Sales and. mer 400 ft2 GFA (indoor onhr)+ 1 additional loop ft- GFA of Services (except Fuel) .per outdoor lot storage and repair bay area Overni ht Accommodations Bed and Breakfast Inn 1 er guest room + 2 additional s)aces All other Overnight Accommodation 1 per guest room + 1 per 2So ft�' GFA of office conferences ace Food and Beverage Establishments All Restaurants BarJBi clti�ery/�trinery 1 per loo ft' of Designated Seating Area/Entertainment Area additional spacea Food Catering Services 1 er 400 ftz GFA Entertainment and Recreation Theaters and Stadiums 1 per 400 ft' GFA + 1 per 4 ca acity seating All other Entertainment and Recreation 1 per 2,.ro ft' GFA + 1 additional per soo f -3 GEA up) 0r,0,000 ft2 GFA Health Services Home Health Care icer 400 ft'-' GFA All other Health Services 1 per 200 ft2 GFA Professional and Business Offices Professional Office 1 er 300 ft' GFA All other Offices and Selwices 1 per 40o ft'' GFA Consumer Retail Sales and Services Funeral Home 1 per 1 oft GFA Self Storage all1 per oo ft' GFA officesace Small En ine Re air 1 per 400 ft= GFA Agricultural Farmers Market,g 1 per 40o ft' GFA+ i additional per goo ft-' indoor and outdoor storage 2or and Landscape Supply Sales staging area All other Consumer Retail 1 per 2,90 ft2 GFA for first 20,000 ft2 GFA. 1 per goo ft2GFA from 20,000 ftp GFA up to 100,000 ft" GFA Commercial Sales and Service All Commercial Sales and Seib -ice 1 per Soo ft'' GFA of office/shoN�Tooni area + 1 additional per 2,600 ft' indoor and outdoor storage or staging area Page 6 of 7 Table 9.02.0,2o Off -Street Parldng Reguirements* x 4+N'F1.3('� �i,, .:yam". y"�',"&,4"�„✓' 'S_#m,.,,.,$}"'�`i'v` W < G g:' ,.S "L` ��'�k "L qL uN ., r`��'z<yx`'`n,'�`�.iuN"„.ki* a� r <a *"v;kc'a'oJtt-t"ri.;.y4r'u;s `s�,-k:�e h 1�Transmr 7,Transportation s. All Terminal Disl?atch Facilities ;,or • i DlResource I per 300 ft2 GF.A of office /showroom •! • • outdoor storage area and Warehousing;�and Industrial IIJ Manufacturina1;n Warehousing ! ! • i fta indoor �Kenneli ft2 -4A of officeGF Soo esidential uses Residential uses shall be • for larger—Allowed buildings in.Area i. of the consistent with the requirements • ilResidential Uses (above) .Downtown *The required number of Markin, spaces for uses not listed in the above Table will be determined by the Director. Alternative Parkinr.; Plans may be requested accgrding with Section 9.01050. Page 7 of 7 Exhibit I Section io.w.000 Alternative Sign Plan To provide flexibility in the attainment of sign code compliance an applicant may request an Alternative Sign Plan when a Master Sign Plan is either not applicable or practical under the circumstances. The Building Official is the decision -malting authority for an Alternative Sign Plan using, the Administrative Exception process detailed in Section x.16 of this Code. The following Table establishes permitted signs within the corporate limits of the City of Georgetown and those areas within the extraterritorial jurisdiction based on underlying Zoning District. Table 1o.o6.o10 details permitted signs street corridor. All sign types not listed in Table 10.02 prohibited unless otherwise specified in this Chapter. Table 10.02 Permitted Sign Types by District AG, TF, Cl, 0, Downtown RS, RE & TH & MF CN & PF BP & IN Overlay Sig Type RL Districts Districts OF District Districts Districts District • f • • • N4 n„br,, and Nen Civic Uses Banner -- -- P -- P C Changeable copy -- -- -- -- P C External illumination -- -- P P P C Fla pale f4 A f4 A A A Incidental A A A A A A Internal illumination -- -- P -- P C Residential A A A A A A Subdivision Entry Features P P Temporary P P P P P C e arm Civic Uses Banner -- -- P P P C Changeable copy P P P P P C External illumination P P P P P C Table 10.02 Permitted Sign Types by District • ii ii i Incidental A A A A A A Internal illumination -- P P P P C Temporary P P P P P C • ii ii i Section 10.04 Signs Prohibited Ander this Code All signs not expressly permitted under this Code or exempt from regulation hereunder in accordance with the previous Section are prohibited within the corporate limits of the City of Georgetown and those areas within the extraterritorial jurisdiction (ETJ). Such signs include, but are not limited to: A. Beacons; Be Portable Signs; Co Roof signs above the lesser of the height of the structure or allowable freestanding sign height within the District in which it is located; D. Strings of lights not permanently mounted to a rigid background, except those exempt under the previous Section; E. Inflatable signs and tethered balloons greater than 18 inches in diameter; F. Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs; G. Signs, temporary or otherwise, affixed to a tree or utility pole; H. Signs violating the "sight triangle" provisions; I. Off -premise advertising signs, except as expressly permitted in this Code; J. Streamers; K. Electronic Message Centers in fixed or traveling mode: L. Signs that emit an odor or produce an audible message; and K Unshielded Neon. 10.04.020 Provisionally Exempt Signs E. Special Sale Signs 1. "For Sale" signs placed on vehicles provided that the area of the sign does not exceed two square feet. Page 2 of 11 2. "Garage Sale" signs that meet the following criteria: a. On -Premise Signs. One sign shall be allowed to be placed on the b. Off -Premise Signs. With the permission of the property owner(s) where the sign(s) are to be located, up to hyo (2) off -premise signs ma be placed on private property located not more than 1,00o feet from the property where the garage sale will be held. c. Sign Size. Garage sale signs shall not exceed four (4) square feet. d. Attachments to Signs. No attachments to signs are allowed, including but not limited to balloons, ribbons streamers, or other attention getting accessories. e. Location of Signs i. Signs shall be placed at least ten (10) feet back from the curb or edge of street pavement. ii. Signs or notices under this section shall not be fixed to or located upon any public proper right-of-way or easement, utility pole, street sin, traffic sign or pole, sidewalk, or other public way. iii. Signs shall not be placed within a street median or within the restricted area defined in Section 12.44.010 of the Code of Ordinances ("sight triangle"). f. Postinla and Removal of Suns. Suns shall not be posted more than twenty-four (24) hours prior to the beginning of the sale. All signs advertising a garage sale shall be removed by the person having the sale no later than twenty-four (24) hours folloNAng the sale. The Ci 's Code Enforcement Officers are authorized to remove any sign that does not comply with any provisions of this Chapter without notice. me A sign posted, painted, placed, or affixed in or on a window exposed to public view not exceeding 50 percent of an indkidi a total window area are provisionally exempt. An excess of the 50 percent will cause the entire area to be calculated as an element of total allowable site signage. N. Homeowner / Neighborhood Association Signs Temporary associated with meetings, notices or other information pertaining to a registered homeowner's or neighborhood organization, which consists solely of the homeowners of a subdivision or neighborhood, provided that the following provisions are met: 1. Suns shall be placed only within the boundaries of the applicable subdivision or neighborhood. 2. Signs shall not be placed in any right -oma 3 Signs shall not be posted more than forty-eight(48) hours prior to the beginning of an event or item requiring notice. All such signs shall be Page 3 of 11 removed by the homeowner/neighborhood association no later than twenty- four (24) hours following the event. 4. Suns shall not be placed in a manner that inhibits or interferes with vision or otherwise affects public health, safety and welfare. 5. Homeowner/neighborhood association signs shall not exceed four (4) square feet in size. 6. Signs shall not be placed Adthin a street median or writhin the restricted area defined in Section 12.44.010 of the Code of Ordinances ("sight triangle"), 10.06.010 Sign Dimensional Standards Table 10.06.010 Sign Dimensions by District Page 4 of 11 Maximum Maxim Area Per um Minimum Maximum Sign Height Setback Number per Zoning District Classification (Sq. ft.) (feet) (feet); Lot Conditions on -Civic Uses Freestanding n: Monument 2 5 2 1 10.06.030.A Sign FlagrFla . Pole 40 25 5 -- G E Governmental -- L Flag S Wall .5 per linear foot of F ':Is4en primary 10.06.030.0 Pub fagade iview Uses) ivic Uses in: Freestanding G Monument 32 5 10 E Sign or ?0 5 10 1 10.060.030.A L Low Profile Pole Sign S F Flag/Flag Pole 40 25 5 -- Governmental 10.06.030 E 'Public and Flag �;ivic Use Wall .5 per linear foot of 10.060.030.0 primary fagade Frenn � g 1.lenum-n 32 V ✓ S 1 AF Distri -a i3r Sign ?-0 5 -5 age ef-4ae 4enti ,,. on -19:et>9.83 9 A �All Uses) Low PFOfile tkereef Rl b rin Pole 40 ?-5 5 -- 10.06,030 E Wall 1-pei- linear feot e€ — — _- 44.06-.034.G 4qa& Page 4 of 11 Table 10.06.010 Sign Dimensions by District Page 5 of 11 Maximum Maxim Area Per um Minimum Maximum Sign Height Setback Number per Zoning District Classification (Sq. ft.) (feet) (feet) Lot Conditions 11 Uses in: Freestanding F Monument 32 g 5 1 per N Sign or 20 6 5 of frontage 10.06.030..0 or fraction F Low Profile thereof H Pole Sign FDistriet ❑t 1c1 n o to 40 25 Governmental 5 -- 10.06.030 E Fiat Wall 1 per linear foot of 10.06.030.0 primary facade Page 5 of 11 Page 6 of 11 Maximum Area Per Minimum Maximum Sign Maximum Setback Number per Zoning District Classification (Sq. ft.) Freight (feet) (feet) Lot Conditions 1 per linear Freestanding foot of Monument Sign primary5 I per 500' of or fagade not to frontage or 10.06.030.A All L ses in: exceed a 6 (10 in fraction 10.06.030 F C-1; maximum of IN District) thereof MU -C-3; 48 square feet per sign BP face IN MU DT for in Low Profile Pole ?0 10 5 5 in ??9999999 ro erties Sign theMU-13T IN District) Dist ict, see also -1 per 600' of Doi ntown Ovej lav Desian Poleigns on i-operties w+th 1H "'1 G� ??S -219 1H 35 €rerttabe er fractio thereof 18��6.8�9 )� Stan lards below Flag,' Flag Pole Governmental 40 25 5 -- 10.06.030 E Flay I per linear Wall foot of 10.06.030.A primary 10.06.0301 fagade For detailed guidelines related to signs in this District see Chapter Nine, "Design Guidelines for Signs" in the City's Design Guiatelines.for the Downtown Overlay}= District. Dowi itown Over ay Monument signs shall be no greater than 5 feet in height and pole signs will not be permitted. ALIjlroperties fron iM Freestanding 4948 5 5 1 10.06.030.A Williams Drive / Monument Sign 10.06.030 F F.M 2338 (exceotforthe SP Overlay District. below Flag J Talonrs Pele Governmental 40 25 5 -- 10.06.030 E Flag, 1 per linear Wall foot of -- -- -- 10.06.030.A primary facade 10.06.030-.F Page 6 of 11 Will ams Drive Freestanding 48 5 5 1 10.06.030 A SP dverlav Monument Sign — - - - 9f 7a1�eA praSign provisie .... .. ... Maximum Area Per Minimum Maximum EZoniig Classifica- Sign Maximum Setback Number per District tion (Sq. ft.) Height (feet) (feet) Lot Conditions For detailed guidelines related to signs in this Distf:ict see ,"Design Signs„• )town Gve+ ay signsDow Monument greater- height signsole . Freestanding 60 8 5 1 per 200' of SH 1-30 10.06.030.A Monument frontage or Sign fraction thereof High Profile Monument 225 28 5 l per 600' of 10.06.030F signs on SH- SH i38 frontage or 195 and SH- fraction 130 — thereof 225 28 5 1 per 600' of frontage or All o erties front ng: High Profile fraction IH -3 Monument thereof, but SH -195 -and suns on 11-1-35 not less than SH -1 0 Gateway 400' separation ovef -ay Pole Signs (on 1 per 600' of or IH -35 only)frontage 225 28 5 10.060.00 F fraction thereof 1lag� _ Flag 40 25 5 10.06.030E 12eleGovernme mal Flag I per linear _ _ _ 10.06.030C foot of Wall primary facade Mult -tenant Multi -tenant Signs are allowed in all Districts per the provisions of Section 10.06.050. Sign a .... ..... .... .. ... . .. .. Page 7 of 11 Corresponding changes to Chapter 4 (4.07.040 (C)) 6. Signs Signs shall comply with the standards in Table 1o.o6.olo, . . ♦lO♦•!moi♦J�! ♦ ! _ _ _._ :�1■ ' � 1!••♦�l.♦l!!• got- ve V ORA . . ♦lO♦•!moi♦J�! ♦ ! _ _ _._ :�1■ ' � 1!••♦�l.♦l!!• 10.06.020 Prine•N .les-e€'Sign Area Computation The following ,,fineiples Ahern eentrel describes the computation of sign area and sign height. A. Computation of Area of Individual Signs -17 The Dermitted area for all signs. Dursuant to Table 1o.o6.olo, shall be • ' • • ' • • • • ' i ` i • 00 Q' ' M i �• ii i �� • 3 a OO s allowed height nor the maximum allowed sign area. 'The 0' afea '♦ . fnenuffientpufstiant te Table shall be .. . ef the sign base and sign stfuetufe, . lie eas. shall . ever -all sign stfuetur-e, ineltiding the base, . .. the . .. . allew height ner the maxiffitim allewedg' afea. in ne ease shall the sign faee 0 .• io.o6.03o Design Requirements A. Monument Signs and Low -Profile Pole Signs REPLACE EXISTING PICTURE 147ITI-I THE ONE BELOW Page 8 of 11 x � � t / .\ias nry mitei ia€ that `ii()NI A -1E NT SIG. *N 1. Monument Signs 2. Low -Profile Pole Signs e. In the CN, C-1, C-2MU-DT, C-3, BP and IN Districts: ii. For properties in excess of 500 feet of frontage, additional sign square footage is allowed as determined in the above e Table 1o.o6.o1o. The cumulative square footage of allowed signs may be distributed between the maximum number of allowed signs with no one sign exceeding go square feet in size. 3. RS, RL and RE Districts In the RS, RL and RE Districts externally illuminated free standing signs shall only be located adjacent to arterial roadways. Be Landmark Signs Ce Wall Signs 5. In the RS, RL and RE Districts externally illuminated wall signs shall only be located on properties fronting on arterial roadways. D. Pole Signs Pole Signs are permitted on properties with IH -35 frontage, aid -which have ,,,,ffi*,, e„ ,.this+,-,, z, ning are zoned C-1, C-% BP or Industrial, provided they meet the following requirements: 1. Height limit shall be 28 feetLbut . F�� 4entage, additional height may be allowed using the following as determining factors: 4. Properties with IH 35 frontage may have only one pole sign for each 600 feet of frontage or fraction thereof shall be pe ,,hied. Poles signs shall be spaced a minimum of loo feet apart. 6. Pole Suns shall be spaced a minimum of 200 feet from a High Profile Monument Si n. Page 9 of 11 E. Governmental Flags 4. Within Zoning Districts CN, C-1, C-2MU-DT, C-3, BP and IN ground mounted flag poles can exceed the 25 -foot height limit but shall not exceed the maximum building height as allowed in that district. F. Marquee Sign G. High Profile Monument Signs on ies N%4t .. 814130 OP 814195 Fpontage High profile monument signs are permitted on properties with SH 130-6r SSH 195 and I-�ti frontage, aiid which have ,,effi ,- er-eia e„ are zoned C-1 C- BP or Industrial provided they meet the following requirements: 1. Height limit shall be 28 +t, feet, but . SH i3e SH 195 fr-e tage additional height may be allowed using the following as determining factors: a. This additional allowance will be determined by measuring the difference between the elevation of the property at the proposed location of the sign and the elevation of the main lanes_ of SH i3e e SH i950 b. Determination of the elevational difference shall be measured by projecting a perpendicular line from the center line of the proposed location of the sign to the center line of the main lanes ef SH ' 3e er- SH 195 nearest the sign. C, The allowance 3•4" , my apply fe F applies only to properties and sign locations that are determined to be lower in elevation than the main lanes of SH , ^^ of SH 195, as measured by 2subsection "b" above. 2. Maximum area shall be 225 square feet per face. 3. High profile monument signs shall have only two sign faces. 4. Properties with SH 130 or SH 195 frontage may have only one high profile monument sign for each 600 feet of frontage. High profile monument signs shall be spaced a minimum of 600 feet apart. If a property or commercial or industrial subdivision has less than 600 feet of frontage, on SH 130 or SH 195 a high profile monument sign shall not be permitted. spaced a minimum of 400 feet apart. 6. High Profile Monument Sijzns shall be_spaced a minimum of 200 feet from a Pole Sign. ZAll signs shall maintain a minimum clearance from electric power lines of ten feet horizontally and 15 feet vertically or as otherwise may be required by the utility provider. Any relocation of power lines to provide this clearance will be Page 10 of 11 at the expense of the sign owner. permitted signage on the tract. Such signs are allowed in addition to - OM A a a "I MIL �RMMMIMM OWZV�C-MMVA��MA Waft"IWO""Al =rmv 0 No M^ Page 11 of 11 Exhibit J Section 12.03.050 Street Layout D. Intersections 1. Sight Triangle According to the following requirements, a sight triangle shall be established at all intersections: a. On local streets the sight triangle shall be based on the back of the curb or edge of pavement where no curbs are in existence. On all other streets, it shall be based on the right-of-way. b. The sides of the sight triangle shall extend for 25 feet along the right-of-way/curb from the projected intersection of said right-of-way/curb. Where the right-of- way/curb curves as the intersection is approached, the tangents at the points of beginning for the corner curve shall be MUA:CLEARANCE I � `� BETWEEN HEIGHTS �FVAND 81 Jl Y I LINE projected to determine the origination of the sides of the sight triangle. C, No construction, planting or grading shall be permitted to interfere with the sight triangle between the heights of three L31 and seven eight 8 feet as measured from the crowns of the adjacent streets, except as approved by the Director. OF WAY Exhibit K 14.01.010 Purpose The purpose of this Chapter is to regulate the continuation, maintenance, modification, replacement and termination of legally established uses, lots, structures, signs and sites that no longer conform to the provisions of this Code. 14.01.020 Authority The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters 43, 211 and 212 and the City Charter. 14.01.030 Applicability The provisions of this Chapter shall be applicable to all nonconforming situations within the City's incorporated limits and extraterritorial jurisdiction. 14.01.040 Nonconforming Status A. Determination of Nonconforming Status Determination of nonconforming status shall be made by the Director or their designee, subject to appeal to the Zoning Board of Adjustment as outlined in Section 3.14 of this Code. 1. A structure, lot, site, sign or use which was lawfully in existence, constructed and located on the effective date or applicability of this Code or any amendment thereto or was legally constructed to meet previous requirements of this Code and has been in regular and continuous use, but which does not conform to the current requirements of this Unified Development Code, shall be granted legal nonconforming status, except as specifically exempted or prohibited by other sections of this Chapter. A legal nonconforming structure, lot, site, sign or use may remain or continue, subsequent to the effective date of this Code and any amendments thereto, provided that such continuance is in accordance with the provisions of this Chapter and all other applicable codes of the City. 2. The violation of any of the provisions of one or more of the following ordinances or requirements may cause the Director to terminate the legal right to operate such nonconforming structure, lot, site, sign or use, subject to appeal to the Zoning Board of Adjustment pursuant to Section 3.14 of this Code. a. Constructing or maintaining or operating a use conducted in or associated with a building or structure erected without a permit from the City; b. Operating a use or occupying a building or structure without a valid Certificate of Occupancy from the City; c. Operating a use in violation of a valid Certificate of Occupancy; d. Unlawful expansion of a nonconforming use, site or structure; e. Unlawful outside display or storage in required parking spaces; or f. Any other violation of this Code as determined by the Director. C. Illegal Nonconforming Status A structure, lot, site, sign or use that is in violation of the requirements of this Code and was constructed or established since the adoption of this Code without the necessary approvals, permits or authorizations from the City is considered illegal nonconforming. The owner and/or operator of an illegal nonconforming structure, lot, site, sign or use shall be subject to actions and penalties allowed by this Code and all other applicable City ordinances and shall be required to correct the nonconforming situation to come into conformance with all applicable standards and regulations of this Code. D. Types of Nonconforming Situations The following are types of nonconforming situations for which nonconforming status shall be determined: 1. Nonconforming Uses, 2. Nonconforming Lots; 3. Nonconforming Structures; 4. Nonconforming Sites; and S. Nonconforming Signs. E. Ownership The lawful change of ownership of a nonconforming situation without any change in land use shall not cause the loss of legal nonconforming status. Once a nonconforming use, structure, site, lot or sign has been changed to conform with the provisions of this Code, the use, structure, site, lot or sign shall not thereafter be changed so as to be nonconforming again. Once a nonconforming use, structure, site, lot or sign has been changed to more nearly conform with the provisions of this Code, the use, structure, site, lot or sign shall not thereafter be changed so as to be less conforming again. After annexation of an area, a person may continue to use the land in the newly annexed area in the same manner in which the land was used on the date annexation proceedings were instituted if the land use was legal at the time. This includes any beginning use of land in the newly annexed area in the manner that was planned for the land before the 90th day before the effective date of annexation if. 1. One or more licenses, certificates, permits, approvals or other forms of authorization by a governmental entity were required by law for the planned use; and 2. A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted, as described in §43.002 (a)(2) of the Texas Local Government Code. Page 2 of 16 H. Change in Status of Adjacent Property A structure, site or use that complies with the development regulations of this Code does not become nonconforming as the result of a change in the use, zoning or development of adjacent property. 14.01.050 Exemptions A. Residential Structures Any single-family or two-family structure lawfully existing on the effective date of this Code shall be deemed a lawful structure. B. Prior Construction Plans Nothing contained herein shall require any change in the plans, construction or designated use of a building legally under construction or for which a permit for construction has been issued at the time of passage of this Code or amendments. Construction may be completed in accordance with the terms of the permits, so long as those permits were validly issued and remain unrevoked and unexpired. Structures, lots, sites and signs that are nonconforming due to prior Variance, Special Exception, Administrative Exception or other approval shall not be subject to the provisions of this Chapter, but shall conform to the terms and processes of their approval. D. Governmental Acquisition of Right -of -Way A lawful structure, lot, site, sign or use that is made noncompliant regarding any requirement of this Code due to the acquisition of right-of-way by eminent domain, dedication or purchase by a city, county, state or federal agency shall be deemed legal nonconforming. Such exemption shall apply only to noncompliance that is a direct result of the acquisition of right-of-way. E. Portable Classrooms For purposes of this Chapter, the addition of portable classrooms, pursuant to Section 5.08.020.G of this Code, shall not be considered an expansion of a legal nonconforming use, structure or site. F. Accessory Structures for Livestock The provisions of this Chapter shall not prevent the repair, restoration, replacement or construction of accessory structures necessary for or directly related to the ownership or raising of livestock for agricultural purposes, including, but not limited to, barns, shelters, sheds or other structures. A second dwelling unit in an Agriculture District shall not be considered an accessory structure for the purposes of this provision. Abandonment of a legal nonconforming situation shall result in the loss of the existing legal nonconforming status previously granted. All use of the premises shall cease and any future use of the premises may only occur as provided for in this Chapter. Page 3 of 16 B. Determination of Abandonment 1. A legal nonconforming use shall be considered abandoned after the nonconforming use has not occupied the building or site for a period of twelve (12) months. 2. A legal nonconforming structure shall be considered abandoned after the structure has been vacant for a period of eighteen (18) months. 3. A legal nonconforming site shall be considered abandoned after the site has been vacant for a period of eighteen (18) months. 4. A legal nonconforming sign shall be considered abandoned after the site on which it is located has been vacant for a period of 90 days. 5. Occurrence of a combination of one or more of the following situations shall be a sign of vacancy or lack of occupancy for the purposes of determining abandonment: a. The building, structure, activity or land has been unoccupied or out of use; b. The intention of the owner to discontinue the use is apparent; c. One or more utility accounts have been discontinued; d. Utility meters are removed; e. The occupant or owner has allowed any taxes to not be paid thereon, f. The site or structure has not been maintained; g. The unit has not been made available for occupancy; h. The characteristic equipment and furnishings of a nonconforming use have been removed from the premises; or i. A nonconforming use has been replaced by a conforming use. 6. The time period for determining abandonment of a legal nonconforming site or structure may be extended to a maximum of three (3) years if the property has been consistently maintained and the owner of the land or structure can prove to the satisfaction of the Director that they have been actively and continuously marketing the land or structure for sale or lease or have otherwise engaged in activities that would affirmatively prove there was no intent to abandon. This provision excludes the exemption of any nonconforming signage on the site. 7. An owner of a legal nonconforming use located in a structure specifically constructed or modified to suit only such use may request a Special Exception from the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, to extend the time period for determining abandonment to a maximum of four (4) years, provided the property has been consistently maintained, the structure has not been intentionally altered to serve other uses, used to house a permitted use or used to house another nonconforming use and the owner can prove to the satisfaction of the Board that they have been actively and continuously marketing the structure for sale or lease to such a use. This provision excludes the exemption of any nonconforming signage on the site. 8. All of the buildings, activities and operations maintained on a lot are generally to be considered as a whole for the purposes of determining abandonment. A multi -tenant site, building or shopping center shall be considered occupied for the purposes of this Chapter, provided it remains at least thirty percent (30%) occupied. The failure to rent Page 4 of 16 one space in a nonconforming building or on a nonconforming site shall not result in a loss of the right to rent space thereafter so long as the building or site as a whole is continuously maintained and at least thirty percent (30%) of the units remain rented. 9. The time period for determining abandonment shall exclude any period of discontinuance of use caused by government actions impeding access to the premises without any contributing cause by the owner of the legal nonconforming use, site or structure. 14.01.070 Variance Not Precluded Nothing within this Chapter precludes the application for and approval of a Variance meeting the standards for such under Section 3.15 of this Code. 14.01.080 Termination of Nonconforming Situation The right to operate or maintain a nonconforming situation may be terminated by the Zoning Board of Adjustment in accordance with the provisions of this Chapter. Any appeal of the termination of nonconforming rights under this Chapter shall be made to District Court within 30 days of receipt of written notice of the termination by the Zoning Board of Adjustment. 14.02.010 Nonconforming Uses Generally A nonconforming use is one that is not permitted within the zoning district assigned to the property upon which the use is located. In addition, a use located in a zoning district in which it could lawfully locate with the approval of a Special Use Permit but lacking such a permit or a use allowed as a limited use that does not conform to such limitations shall also be considered nonconforming. Those nonconforming uses lawfully existing and located on the effective date or applicability of this Code or subsequent amendments thereto shall be considered legal nonconforming uses. 14.02.020 Elimination of Nonconforming Use Status The owner of a nonconforming use may employ the following mechanisms in an attempt to eliminate the nonconformity: A. Replacing the nonconforming use with a conforming use; B. Rezoning to a district where the use is permitted by right; C. Obtaining a Special Use Permit, provided the use is listed as one that would be allowed in the zoning district with a Special Use Permit; D. Complying with the applicable limitations for such use, provided that the use is listed as one that is allowed in the zoning district subject to limitations set forth in Chapter 5; or E. Obtaining a Special Exception from the Zoning Board of Adjustments, pursuant to Section 3.15 of this Code, if the Special Exception is allowed by this Code and would make the use conforming. A. A nonconforming use may be replaced by the same Specific Use, as listed in the Use Tables Page 5 of 16 in Chapter 5, provided that use has not been abandoned. B. A change of use occurs when the current use of a site or structure is replaced with a use that is not listed as the same Specific Use in the Use Tables in Chapter 5. Co The Director may approve an Administrative Exception, pursuant to Section 3.16 of this Code, to allow a change from one nonconforming use to another nonconforming use if it is determined that the new nonconforming use will clearly have a lesser impact on the surrounding area than the existing nonconforming use. Any appeal of the Director's determination shall be made to the City Council. The following criteria may be considered when determining the impact on the surrounding area. 1. Hours of operation; 2. Number of employees; 3. Square footage occupied; 4. Amount of parking required; 5. The type of customer targeted; 6. Traffic generation; 7. Number of daily deliveries; 8. Noise; 9. Lighting; 1O.Similarity to surrounding land uses; 11.Benefit to the surrounding area; and 12. Compatibility with the existing and future use or make up of the area. D. In no event may a change of use occur that would allow a use that would increase the degree or intensity of nonconformity or result in the expansion of any existing nonconforming situation or the creation of any new nonconforming situation. 14.02.040 Abandonment of Nonconforming Use In the event a nonconforming use is determined to be abandoned, the structure or site shall thereafter only be occupied in accordance with the provisions of this Code. See Section 14.01.060 of this Chapter for the time frame for the determination of abandonment. 14.02.050 Expansion of a Nonconforming Use A. A legal nonconforming use may be expanded or enlarged only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, except as follows: 1. The Director may approve an Administrative Exception, pursuant to Section 3.16 of this Code, if it is determined that the expansion or enlargement of the use or an accessory use or site modifications (for example parking) would make the use more conforming to the current standards of this Code; or 2. Expansion or enlargement is required by City ordinance, State law or federal law. Page 6 of 16 B. A legal nonconforming use shall be considered enlarged, expanded or increased by the following: 1. Increasing the square footage of the building housing the nonconforming use; 2. Expanding the square footage occupied by a nonconforming use within an existing building; 3. Occupying a greater portion of the tract on which the use is located; 4. Construction of additional buildings associated with the nonconforming use; or S. Increasing the scope, volume or intensity of the use in a significant way. C. For purposes of this provision, the addition or alteration of signage shall not be considered expansion of a legal nonconforming use that is made so due to lack of an approved Special Use Permit or limitation. D. An expansion of a legal nonconforming use may not create any new nonconformity. 14.02.060 Destruction or Damage of Structure Housing Nonconforming Use 1. Whenever the structure in which a legal nonconforming use is housed, operated or maintained is damaged or destroyed by natural or accidental causes to the extent of more than fifty percent (50%) of the market value of the structure on the date of the damage, the right to operate such nonconforming use shall cease unless a Special Exception is granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code. 2. In the event that a structure in which a legal nonconforming use is housed, operated or maintained is partially damaged or destroyed, such that the damage does not exceed fifty percent (50%) of the market value of the structure on the date of the damage, the nonconforming use shall be allowed to continue and the structure may be rebuilt upon issuance of a Building Permit by the Building Official. 3. Permitting for any allowed reconstruction of the structure must thereafter commence within six (6) months of the damaging event and reconstruction shall be completed, as determined by issuance of a Certificate of Occupancy, within one (1) year of the event. The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse affect on the community. 4. A structure restored under this Subsection must be restored or reconstructed so as to have no greater gross floor area, building footprint or height as the damaged or destroyed structure. The property owner has the burden of proof to establish the dimensions of the structure immediately prior to the damage or destruction. S. The value of the structure and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official. B. Intentional Destruction A legal nonconforming use terminates when the structure housing the nonconforming use is destroyed by the intentional act of the owner or his agent. 14.02.070 Nonconforming Telecommunications Towers Page 7 of 16 Additional telecommunications antennae and necessary equipment may be attached to a pre- existing nonconforming telecommunications tower provided the addition causes no expansion of the footprint of the tower and meets the requirements of Section 5.10.010.0 of this Code. 14.03.010 Nonconforming Lots Generally A nonconforming lot is a lot of record that does not meet the minimum area or dimensional requirements of the zoning district in which the lot is located. Those nonconforming lots lawfully existing on the effective date or applicability of this Code or subsequent amendments thereto shall be considered legal nonconforming lots. 14.03.020 Use of a Nonconforming Lot A legal nonconforming lot may continue to exist indefinitely and may be developed and used as if it were a conforming lot, provided the proposed use is permitted and all development standards of the applicable zoning district of this Code are met. 14.03.030 Elimination of Nonconforming Lot Status The owner of a nonconforming lot may employ the following mechanisms in an attempt to eliminate the nonconformity. A. Combine the lot with an adjacent property to conform to current standards; B. Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the lot as is; or C. Rezone to a District where the lot would conform. 14.03.040 New Division No new division of any lot or parcel shall be made which increases the level of existing nonconformity, leaves any lot, parcel or remnant with width or area below the requirements stated in this Code or creates any new nonconforming situation. 14.04.010 Nonconforming Structures Generally A nonconforming structure is one that does not meet the setbacks, height limitations, material requirements or articulation as required by this Code. Those nonconforming structures lawfully constructed and existing on the effective date or applicability of this Code or any amendment thereto shall be considered legal nonconforming structures. For the purposes of this Section, the term structure means anything constructed or erected on the ground or which is attached to something located on the ground, except signs, and includes, but is not limited to, buildings, telecommunications towers, utility improvements and sheds. These provisions shall be applicable to all structures regardless of whether they are deemed principal or accessory. 14.04.020 Elimination of Nonconforming Structure Status The owner of a nonconforming structure may employ the following mechanisms in an attempt to eliminate the nonconformity. Page 8 of 16 A. Modify the structure to conform to current standards; Be Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the structure as built; or C. Rezone to a district where the structure would conform. A legally nonconforming structure shall be maintained in accordance with the codes in effect when the building was constructed or as deemed necessary by the Building Official for the general safety and welfare of the occupant and the public. The repairs required by the Building Official shall not be construed as to allow an addition to or expansion of a nonconforming structure. Except as otherwise provided for in this Chapter, no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity. 14.04.040 Unsafe Situations A. Nothing in this Chapter shall be construed to prohibit the strengthening or repair of any part of any nonconforming structure declared unsafe by the Building Official, unless such repairs exceed 50 percent (50%) of the value of the structure. In such case the right to operate, occupy or maintain such structure may be terminated by action of the Zoning Board of Adjustment and such structure shall be demolished. The value of the structure and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official. Be Nothing in this Chapter shall be construed to permit the continued use of a building or structure found to be in violation of building, basic life safety or health codes of the City. The right to continue any nonconformity shall be subject to all applicable housing, building, health and other applicable life safety codes. 1� 1 1 � r. • r r . r r r • In the event a nonconforming structure is determined to be abandoned, the structure shall be modified to conform to all applicable requirements of this Code. However, a Special Exception may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined that conformance with all requirements of this Code will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this Code cannot be reasonably met. See Section 14.01.060 of this Chapter for the time frame for the determination of abandonment. 14.04.060 Interior Alterations to a Nonconforming Structure Interior remodeling of a legally nonconforming structure is permitted and will not result in loss of legal nonconforming status regardless of the cost or extent of the interior remodel, as long as no exterior remodeling is involved. If exterior alteration in conjunction with interior remodeling is involved, loss of legal nonconforming status will be determined pursuant to the provisions set forth in this Chapter related to such alteration. 14.04.070 Movement of a Nonconforming Structure A nonconforming structure shall not be moved to another location on the same lot or any other lot unless the entire structure is thereafter made to conform to all requirements of this Code for the Page 9 of 16 District to which the structure is being moved. 14.04.080 Expansion of a Nonconforming Structure A. A legal nonconforming structure may be expanded or enlarged up to fifty percent (50%) of its size without approval of the Zoning Board of Adjustment. B. A legal nonconforming structure may be expanded or enlarged in excess of fifty percent (50%) of its size only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code. C. If such expansion or enlargement is in excess of 100 percent (100%) of the size of the existing structure, all provisions of this Code shall be applicable to the existing structure or structures as well as any new construction on the lot or parcel. For the existing structure, where it is determined that all provisions of this Code cannot be reasonably met or conformance with all requirements of this Code will cause the expansion or creation of another nonconformity, the applicant may request approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code. D. For purposes of determining the expansion or enlargement of a nonconforming structure, the square footage of all previous expansions under this subsection shall be cumulative and the square footage of the original structure shall be the initial size for purposes of the calculation. E. All expansion or enlargement of structures under this Subsection shall be in compliance with all applicable regulations of the Zoning District in which such structure is located. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity. 14.04.090 Destruction or Damage of a Nonconforming Structure A. Natural or Accidental Causes 1. A legal nonconforming structure which is damaged or destroyed by natural or accidental causes may only be reconstructed as it was before such happening within the timelines herein. 2. Permitting for reconstruction of such structure must thereafter commence within six (6) months of the damaging event and reconstruction shall be completed, as determined by issuance of a Certificate of Occupancy, within one (1) year of the event. The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse affect on the community. 3. A structure restored under this Subsection must be restored or reconstructed so as to have no greater gross floor area, building footprint or height as the damaged or destroyed structure. B Historic Structures 1. A nonconforming structure designated as historic at the state or national level or identified as a Medium or High Priority Structure in the Georgetown Historic Survey shall be allowed to be restored in the same location, design and configuration immediately preceding any damage or destruction that is caused by a fire or natural disaster. Permitting for such reconstruction shall commence within 18 months of the damaging Page 10 of 16 event and be completed, as determined by issuance of a Certificate of Occupancy, within three (3) years of the event. 2. Reconstruction of a structure under this Section that will not restore the structure in the same location, design and configuration as it was immediately preceding damage, may be granted the timelines herein if the Historic and Architectural Review Commission, after a conceptual review of the proposed addition or alteration pursuant to Section 3.13.020.6, determines the addition or alteration appropriate and the timelines herein applicable. 3. The timeframes herein may be extended for good cause as proven to the Director, provided there is no adverse affect on the community. 4. The property owner has the burden of proof to establish the details of the structure immediately prior to the damage or destruction. C. Intentional Destruction A nonconforming structure which is damaged or destroyed by the intentional act of the owner or his agent may not be restored or reconstructed as it was before such happening. 14.05.010 Nonconforming Sites Generally A nonconforming site is one where one or more existing site improvements, including but not limited to parking areas, storm drainage facilities, sidewalks and landscaping, do not conform to one or more of the regulations of this Code applicable to the property. Those nonconforming sites lawfully existing on the effective date or applicability of this Code or any amendment thereto shall be considered legal nonconforming sites. 14.05.020 Elimination of Nonconforming Site Status The owner of a nonconforming site may employ the following mechanisms in an attempt to eliminate the nonconformity. A. Modify the site to conform to current standards; B. Apply for a Variance, pursuant to Section 3.15 of this Code, to allow the site as built; or C. Rezone to a District where the site would conform. 14.05.030 Repair and Maintenance A legally nonconforming site shall be maintained in accordance with the codes in effect when the site was constructed or as deemed necessary by the Director for the general safety and welfare of the occupant and the public. Any repairs or maintenance required by the Director shall not be construed as to allow an addition to or expansion of a nonconforming site. Except as otherwise provided for in this Chapter; no repair or maintenance may result in the expansion of any existing nonconformity or the creation of any new nonconformity. Maintenance of a site may include, but is not limited to, maintenance of landscaping, pavement, lighting or detention ponds. 14.05.040 Change in Tenant of a Legal Nonconforming Site A change in the tenant of a legal nonconforming site shall not cause the site to lose its legal Page 11 of 16 nonconforming status. Nonconforming uses are subject to the provisions of Section 14.02 of this Chapter. Tenant changes are categorized into the following situations. A. Tenant with Same Use A change in tenant of a legal nonconforming site to a tenant with the same Specific Use, as listed in the Use Tables in Chapter 5, is permitted without any required changes to the nonconforming site. B. Tenant with Similar or Less Intense Use A change in tenant of a legal nonconforming site to a tenant with a similar or less intense use as the previous tenant may be allowed without any required changes to a nonconforming site; provided the restrictions below are met. 1. The new use shall have a parking requirement less than or equal to the previous use. 2. The new use shall not increase the amount of outside storage or activities previously existing. 3. The average daily vehicle trips generated by the new use shall be less than or equal to the previous use. 4. The new use shall not produce more noise, vibration, dust, odor, fumes, glare or smoke than the previous use. S. The site shall be maintained and in conformance with any site plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re -striping of parking spaces and the repaving of deteriorated pavement. 6. The new use shall meet all limitations or requirements of Chapter 5 for such use without alteration to the site. C. Tenant with Different Use Any change in tenant that does not meet the provisions of the preceding categories shall be determined to be a change to a different use. A change in tenant of a legal nonconforming site to a tenant with a different use as the previous tenant shall require the following alterations to the nonconforming site. 1. Any increase in parking spaces between those required for the previous use and those required for the new use shall be provided. If the previous use was deficient in the number of required parking spaces, the new use may carry over the deficiency. Construction of additional required parking spaces shall be in conformance with Section 14.05.060. If the additional spaces required cannot be met on site, the applicant may request the requirement be met off-site pursuant to Section 9.02.050 of this Code. 2. The site shall be maintained in conformance with any site plan or regulations in effect when the site was established or last improved. This includes, but is not limited to, the replacement of any dead plants or trees, the re -striping of parking spaces and the repaving of deteriorated pavement as determined by the Development Engineer. 3. Those parking spaces that are accessed via public right-of-way shall be removed and those spaces replaced elsewhere on the site if those spaces are necessary to meet the minimum parking requirements. This provision does not apply to any on -street parking spaces otherwise approved by the Development Engineer. Page 12 of 16 4. The new use shall meet all limitations or requirements of Chapter 5 for such use, including, but not limited to, setback requirements, buffers and screening. 140i ... •. In the event a nonconforming site is determined to be abandoned, the site shall be altered to conform to all applicable requirements of this Code, as outlined below, upon re -occupancy, except as provided for in Section 14.05.070. However, a Special Exception may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined that conformance with all requirements of this Code will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this Code cannot be reasonably met. See Section 14.01.060 of this Chapter for the time frame for the determination of abandonment. A. Parking and Parking Lot Design An abandoned site shall be altered to provide parking numbers and parking lot design in conformance with the following. 1. All required parking spaces for the subject use must be provided. Construction of additional required parking spaces shall be in conformance with Section 14.05.060. If the additional spaces required cannot be met on site, the applicant may request the requirement be met off-site pursuant to Section 9.02.050 of this Code. 2. All deteriorated pavement, as determined by the Development Engineer, must be repaved in accordance with this Code. 3. All existing parking spaces and maneuvering areas shall be re -striped to be in conformance with the dimensional requirements of Chapter 9. 4. Those parking spaces that are accessed via public right-of-way shall be removed and those spaces replaced elsewhere on the site if those spaces are necessary to meet the minimum parking requirements. This provision does not apply to any on -street parking spaces otherwise approved by the Development Engineer. An abandoned site containing driveways not conforming to the number, spacing or width requirements of this Code shall be altered to be in conformance with such. Nothing herein shall be construed as to require the removal of all driveway access to a property. C. Landscaping An abandoned site shall be altered to conform to all applicable landscaping requirements of Chapter 8 of this Code. Any area on site that is available for landscaping shall be so utilized to meet these requirements. When the City grants permission, the owner or operator of the site may also use areas within the public right-of-way to satisfy landscaping requirements. Where landscaping in accordance with the provisions of Chapter 8 cannot be reasonably met, the applicant may request the Director consider an alternative plan that meets the intent of the requirements. D. Setbacks An abandoned site shall be altered to conform to all applicable setback requirements of Chapters 4, 6 and 7 of this Code. However, a Special Exception may be granted by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, if it is determined that Page 13 of 16 conformance with all setback requirements will cause the expansion or creation of another nonconformity or where it is determined that all provisions of this Code cannot be reasonably met. E. Requirements of Chapter 5 The abandoned site shall be altered to conform to all applicable limitations or requirements of Chapter 5 for the new use, including, but not limited to, setback requirements, buffers and screening. Any designated outdoor display or storage areas shall be altered to conform to the provisions of Section 5.09 of this Code. F. Sidewalks An abandoned site that does not have sidewalks in conformance with Chapter 12 shall be altered to include such. Impervious coverage that exceeds the allowance for the zoning district and lot size identified in Chapter 11 is not required to be removed in order to meet the impervious coverage requirements of this Code. However, in no case shall the impervious coverage of the tract be increased unless done so in compliance with the provisions of Chapter 11. H. Incidental Site Features All incidental site features including, but not limited to, fences, dumpsters, lighting and mechanical equipment must be altered to conform to the provisions of this Code. 14.05.060 Process for Review of Required Improvements Site improvements that are required to meet the provisions of this Chapter shall be reviewed pursuant to the process detailed in Chapter 3 of this Code. TK ! 1 1 • r • • - •1111 t • Required site improvements must be made as part of the event that triggers the improvements. However, the applicant may request an Administrative Exception from the Director to phase construction of and post bond for up to half of the improvements required. Any required parking that is triggered may not be bonded and must be constructed as part of the first phase. A Conditional Certificate of Occupancy (CO) may be issued for any occupant, pending construction of these and all other required improvements of this Code. Improvements postponed under this provision shall be constructed within a year of the issuance of the Conditional CO. It is the responsibility of the applicant to document the value of the required improvements for the purposes of bonding. 14.05.080 Expansion of a Nonconforming Site A. A legal nonconforming site may be expanded or enlarged up to 25 percent (25%) of its size without approval of the Zoning Board of Adjustment. B. A legal nonconforming site may be expanded or enlarged in excess of 25 percent (25%) of its size only upon approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code, except as follows: 1. The Director may approve an Administrative Exception, pursuant to Section 3.16 of this Page 14 of 16 Code, if it is determined that the expansion or enlargement of the site would make the site more conforming to the current standards of this Code; or 2. Expansion or enlargement is required by City ordinance, State law or federal law. C. If such expansion or enlargement is in excess of 50 percent (50%) of the size of the existing site, all provisions of this Code shall be applicable to the existing site as well as any new construction on the lot or parcel. For the existing site, where it is determined that all provisions of this Code cannot be reasonably met or conformance with all requirements of this Code will cause the expansion or creation of another nonconformity, the applicant may request approval of a Special Exception by the Zoning Board of Adjustment, pursuant to Section 3.15 of this Code. D. A legal nonconforming site shall be considered enlarged or expanded by the following: 1. Occupying a greater portion of the tract; 2. Construction of additional buildings; or 3. Construction of any additional improvements on a portion of the tract that was not previously developed. E. For purposes of determining the expansion or enlargement of a nonconforming site, the square footage of all previous expansions under this subsection shall be cumulative and the square footage of the original site shall be the initial size for purposes of the calculation. F. All expansion or enlargement of sites under this Subsection must be in compliance with all applicable regulations of this Code. In no event may the expansion or enlargement result in the increase of any existing nonconformity or the creation of any new nonconformity. 14.06.010 Nonconforming Signs Generally A nonconforming sign is one that does not comply with the standards of this Code. Those nonconforming signs lawfully existing and located on the effective date or applicability of this Code or any amendments thereto shall be considered legal nonconforming signs. 14.06.020 Elimination of Nonconforming Sign Status The owner of a nonconforming sign may employ the following mechanisms in an attempt to eliminate the nonconformity. A. Modify the sign to conform; B. Apply for a Variance, pursuant to Section 3.15 (height and location only), to allow the sign as built, if such variance is allowed by the provisions of Chapter 10; or C. Rezone to a zoning district where the sign would conform. Repairs and maintenance may be made to a legal nonconforming sign, provided that no structural alteration shall be made except those required by the Building Official in order to comply with the provisions of the Code of Ordinances or this Code. In no event may any repair or maintenance result in the expansion of any existing nonconformity or the creation of any new nonconformity. Page 15 of 16 14.06.040 Abandonment of a Nonconforming Sign In the event a legal nonconforming sign is determined to be abandoned, the sign shall be eliminated or modified to conform to all requirements of this Code. See Section 14.01.060 of this Chapter for the time frame for the determination of abandonment. 14.06.050 Alterations to a Nonconforming Sign A change in the information on the sign face of a legal nonconforming sign is allowed; provided the change of information does not increase the area of the sign face. However, a nonconforming sign shall either be eliminated or made to conform to the provisions of this Code, when any alteration, modification or improvement is more than 60 percent (60%) of the appraised value of erecting a new sign of the same type at the same location. 111111 1=1 - i i. .. - Ir A. Natural or Accidental Causes i. A legal nonconforming sign which is damaged or destroyed by natural or accidental causes may only be reconstructed as it was before such cause within six (6) months of the damaging event. The timeframes herein shall exclude any delay in commencement due to insurance or litigation. 2. A sign restored under this Subsection must be restored or reconstructed so as to have a height and sign face area less than or equal to that of the damaged or destroyed sign. The property owner has the burden of proof to establish the height and sign face area immediately prior to the damage or destruction. 3. The value of the sign and the percent value lost due to any destruction shall be determined by an appraisal submitted to the Building Official. B. Intentional Destruction A right to retain a legal nonconforming sign terminates when the nonconforming sign is destroyed by the intentional act of the owner or his agent. 14.06.070 Immediate Termination of Nonconforming Signs Except as otherwise provided by this Code, the Building Official shall cause the immediate removal of any sign constructed, erected or placed in violation of the provisions of this Code or expressly prohibited and any sign that represents a clear and present danger to the health or safety of the public due to its structural condition. Page 16 of 16 Exhibit L Section 15.01 1 i 1 Administration A. Except as otherwise provided elsewhere in this Code or in this Chapter, the Director or designee shall administer and enforce the provisions of this Code, including the receiving of applications, the inspection of premises and the issuing of building permits and Certificates of Occupancy. B. The Building Official or designee shall have the power to issue, suspend, or revoke building permits, Certificates of Occupancy, sign permits, floodplain permits or development permits. C. The City's Code Enforcement Officers shall also have the authority to enforce the provisions of this Code and all currently adopted City Codes or other building or construction codes. 15.02.010 General A. No person may use, occupy, or develop land, buildings, or other structures, or authorize or permit the use, occupancy, or development of land, buildings, or other structures under the control of the person except in accordance with all applicable provisions of this Code. For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that land, building, sign or structure. B. The owner of any building or land, or part thereof, where anything in violation of this Code is placed or used, and any architect, builder, contractor, agent, or any other person employed in connection therewith, who may have assisted or contributed to the commission of any such violation, shall each be deemed guilty of a violation of this Code. C. The Building Official shall not issue a Building Permit or Certificate of Occupancy required by this Code for any land located within the jurisdiction of the City to which this Code applies, until and unless there is full compliance with this Code and all other ordinances of the City. D. Permits presuming to give authority to violate or cancel the provisions of this Code or other City ordinances shall not be valid. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code if the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any Page 1 of 4 ordinance, regulation or provision of this Code. Appeals related to the decision of the Building Official can be made in accordance with Section 3.14 of this Code. E. The City shall not connect City water, sewer or electricity to any property to which the provisions of this Code apply, unless and until there is compliance with the provisions of this Code. 15.0 MO Certificates of Occupancy A. No person shall proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or cause the same to be done in any zoned district in the city limits without first applying for and obtaining a building permit therefore from the Building Official. All applications for such permits shall be in accordance with the requirements of this Chapter and the City's adopted building code unless upon written order of the Zoning Board of Adjustment. No such building permit or Certificate of Occupancy shall be issued for any building where such construction, addition, alteration or use thereof would be in violation of any of the provisions of this Chapter. B. No building or structure hereafter erected or structurally altered shall be used, occupied, or changed in use until a Certificate of Occupancy shall have been issued by the Building Official stating that the building or structure and/or proposed use thereof complies with the provisions of this Code and all other applicable ordinances and codes of the City, including payment of fees, fines and penalties and final resolution of any outstanding complaints. C. No nonconforming use or structure shall be renewed, changed or extended without a Certificate of Occupancy having first been issued by the Building Official. D. The Building Official shall maintain a record of all Certificates of Occupancy. A Certificate of Occupancy shall be considered evidence of the legal existence of a legal use or a legal nonconforming use, as contrasted to an illegal use and violation of this Chapter. E. No permanent water, sewer, electrical or gas utility connections shall be made to the land, building, or structure until and after a Certificate of Occupancy has been issued by the Building Official. F. The Building Official may issue a temporary Certificate of Occupancy for the temporary use and occupancy of all of a building or a portion of a building prior to the completion and occupancy of the building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary certificate maybe issued for a period not exceeding six (6) months. Such temporary Page 2 of 4 certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners relating to the use or occupancy of the premises, or in any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions. G. The Building Official may issue a conditional Certificate of Occupancy for the conditional use and occupancy of all of a building or a portion of a building prior to the final completion of all site improvements to the property as provided for in this Code, provided such conditional occupancy or use will not in any way or manner jeopardize life or property. Such conditional certificate may be issued for a period not exceeding twelve (12) months and requires the posting of a bond for any or all outstanding site improvements. Such conditional certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners relating to the use or occupancy of the premises, or in any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions. H. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances. Section 15.03 Enforcement 15.03.010 Stop Work Orders A. Whenever any building or site development work is being done contrary to the provisions of this Code, the Building Official or designee may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done. Such person shall forthwith +stop and cause to be stopped such work until authorized by the Building Oficial or designee to recommence and proceed with the work or upon issuance of a building permit in those cases in which the building permit has been revoked. Such stop work order and revocation of permit shall be posted on work being done in violation of this Code. B. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Code, the Building Official or designee, or the Community Development Director or designee may order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued. Such person shall vacate such building or portion thereof within ten (1o) days after receipt of such Page 3 of 4 notice, or make the building or portion thereof comply with the requirements of this Code. C. Whenever a posted stop work order due to a violation of any provisions of this Code is removed, penalties shall be enforced pursuant to Section 15.03.020. ! !. !JJJJJJJ[1NJP#'J7=Ai - A. Before suspension or revocation pursuant to this division, the Building Official may give notice of intent to suspend or revoke, which notice may specify a reasonable time for compliance with this Code. B. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired. C. The Building Official shall not be required to provide notice of intent to suspend or revoke for violations of this Code that cause imminent destruction of property or injury to persons. A. Any person or other legal entity who shall violate any of the provisions of this Code or who shall fail to comply with any provisions hereof within the corporate limits of the City of Georgetown or the extraterritorial jurisdiction of the City, outside the corporate limits shall be guilty of a misdemeanor and upon conviction shall be fined with the maximum fine in the amount of two thousand dollars ($2,000) for a violation of any provision governing the public health, safety, and welfare and shall be fined with the maximum fine in the amount of five hundred dollars ($500) for any other violation. Each day any violation on noncompliance continues shall constitute a separate and distinct offense. A. The City shall have the right to withhold approval of any Certificate of Occupancy, permit, plat, or any other authorization or approval until the applicant pays all fees, fines, and penalties that have been assessed and are due and owing to the City. The withholding of the Certificate of Occupancy shall carry forward with the land to any future assessors and assigns until all penalties have been addressed. B. Unless otherwise prohibited by law, the City may disconnect utility services for violations of this Code. C. The penalties and other remedies set forth herein shall be cumulative of other remedies provided by State law and the power of injunction may be exercised in enforcing this Code whether or not there has been a criminal complaint filed. Page 4 of 4 Exhibit M Section 16.01 General 16.01.010 Purpose The purpose of this Chapter is to define words, terms and phrases contained within this Unified Development Code, unless otherwise specifically defined elsewhere herein. t 1 1T =140 . , A. In the interpretation of provisions in this Code, the rules of this Chapter shall be observed and applied, except when the context clearly indicates or requires otherwise. In case of a conflict between this Chapter and the text of this Code, an interpretation shall be made by the Director. B. For the purpose of this Code, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with adopted building codes, the City Code of Ordinances, or their customary usage and meaning. C. Random House Webster's Unabridged Dictionary may be referenced to determine the meaning of terms not otherwise defined within this Chapter, subject to approval of interpretation by the Director. D. Terms found in this Code may be defined in this Chapter in alternate order. For example, "Senior Activity Center" may be listed here as "Activity Center, Senior." Section 16.02 Definitions The following definitions describe terms found in this Code. Abutting. Having a common border. Access. A means of vehicular entry to or exit from property. Accessory Building. See "Structure, Accessory" Accessory Dwelling Unit. See "Dwelling Unit, Accessory" Accessory Use. See "Use, Accessory" Activity Center, Senior. Senior centers of a public, nonprofit, or charitable nature providing fraternal, social, and/or recreational programs generally open to the public and generally designed to accommodate and serve the retired or elderly segment of the community. Accessory uses may include offices, meeting areas, food preparation areas and day care uses. Activity Center, Youth. Youth club facilities of a public, nonprofit, or charitable nature providing social and/or recreational programs generally open to the public and designed to accommodate and serve the adolescent segments of the community. Accessory uses may include offices, meeting areas, food preparation areas, day care uses and athletic facilities. Adjacent. Abutting and directly connected to or bordering. Adjoining Property. Property that touches, abuts or is adjacent to the subject property.- Administrative Official. A City staff member who has been appointed or assigned the positions listed in Section 2.02 of this Code. Advertise. To make something known or to draw attention to. Agricultural Sales. An establishment engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods. Agricultural Use. See "Use, Agricultural" Airport. A facility or area of land reserved, designed and improved for the operation, service, fueling, repair, storage, charter, sales and rental of aircraft, including all necessary facilities for the housing, maintenance, safety and security of aircraft, such as hangars, facilities for refueling and repair and other related accessory structures, as well as various accommodations for passengers, baggage or freight. All Weather Driving Surface. See "Driving Surface, All Weather" Alley. A public or private traffic way secondary means of access. Amphitheater. An outdoor structure consisting of rising rows of spectator seats where musical, athletic, drama and other forms of entertainment are held. Arena. See "Stadium" Animal Husbandry. The raising, care, breeding, judging and/or production of farm animals or production of animal products, such as meat, fur or eggs. The incidental processing of animals may be an accessory to this use. Animal Shelter. A public, nonprofit or not-for-profit facility at which stray, lost, homeless, abandoned or unwanted dogs, cats or other domesticated animals are kept for purposes of distribution to the general public. Antenna. Any device used to collect or radiate radio waves, microwaves or electromagnetic waves. An antenna could include directional or panel antennas, ancillary antenna, parabolic or panel dishes, omni -directional antennas such as whips, and other similar transmitting or receiving equipment intended for commercial use. Apartment. A structure that contains four (4) or more dwelling units that share common walls, floors, or ceilings with one or more dwelling units. The land underneath the apartment structure is not divided into separate lots. Appeal. A process by which an aggrieved person may request for review of a decision made during the application of a provision of this Code. Applicant. A person applying for development -related approval of any type under this Unified Development Code. Aquaculture. The farming or cultivation of freshwater or saltwater aquatic organisms, such as fish, shellfish, mollusks, crustaceans and aquatic plants, in a controlled environment. Page 2 of 54 Aquifer. An underground bed or layer of permeable rock that retains groundwater. An aquifer often releases water to the surface through the form of springs or artesian wells. Ambulance Service, Private. A privately owned emergency or non -emergency transportation service engaged in the transportation of patients that provides mobile medical care. Architectural Feature. An architectural element attached to, contiguous to or otherwise related to a building, structure or property including, but not limited to, awnings, pillars, posts, windows, doors, lights, overlays, moldings, and other fixtures. Articulation. An interruption/differentiation of the building wall plane with either a recess (concavity) or an offset (convexity) that projects away from the building wall plane by a measurable distance or a differentiation in the height of the wall surface. Artisan Studio and Gallery. An establishment for the creation, preparation, display and sale of individually -crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand- woven articles and related items that are either made to order or which involve considerable handwork. Artisans shall include sculptors, painters, sketch artists, potters, wood and leather craftsmen, glass blowers, weavers, silversmiths, designers of ornamental and precious jewelry, screen printers and air brushers. On-site sale of the product is required and accessory uses may include instruction of the particular skill to groups not exceeding five persons and sale of supplies directly related to the trade. This use excludes cabinet making or assembly shops and the use of mechanized assembly line production. Asphalt or Concrete Batch Plant. A permanent manufacturing facility engaged in the storing and mixing of raw materials to produce concrete or asphalt, including trucks that transport the product to job sites. Assisted Living. A facility providing residence, supervision and daily assistance for individuals, generally persons 55 years of age or older, with common dining and recreational areas designed for the needs of the elderly. Services in these establishments include assistance with routine living functions that are non-medical in nature, such as dressing, grooming, bathing, and social and recreational services, such as meal services, transportation, housekeeping, linen and organized social activities. An assisted living facility may include an adult daycare as an accessory use. Attainable Housing. As used in this Code, the residential dwelling units in Housing Diversity Developments at are available for those whose incomes are less than or equal to 80% of the $ . • Athletic Facility, Indoor or Outdoor. An area, field, building, or combination thereof, which is constructed and equipped for use in participatory and/or spectator -oriented sports and athletics. This use includes, but is not limited to, facilities intended for the instruction, practice, and competitive events associated with basketball, volleyball, soccer, tennis, gymnastics, swimming, baseball or football. Accessory uses may include offices, snack bars, limited sales, locker rooms and incidental child care. This term excludes racetracks for dirt bikes or motorized vehicles, amusement parks, sports arenas, and any other facility otherwise categorized as major event entertainment. Page 3 of 54 Automobile. A self-propelled passenger vehicle that usually has four wheels and an internal- combustion engine, used for land transport. Also includes vehicle or motor vehicle. Automobile Parts and Accessory Sales. Retail sales of automobile related parts and accessories. The outdoor storage or display of merchandise shall only be allowed in those districts where Automobile Parts and Accessory Sales, Outdoor is permitted. Automobile Rental or Leasing Facility. A facility engaged in the rental of automobiles, noncommercial trucks, or motorcycles, including incidental storage and limited servicing. Automobile Repair and Service, General. General repair or replacement services for any vehicles, including commercial. In addition to those services provided under limited automobile repair and service, general automobile repair and services include rebuilding, reconditioning, or replacement of engines, transmissions, or power trains, collision services such as body, frame or fender replacement, straightening or repair, steam cleaning, undercoating and rust proofing; major painting or similar servicing, rebuilding, or repairs that normally require significant disassembly or overnight on-site storage of vehicles, excluding dismantling, wrecking, or salvage. Outdoor storage of materials such as tires, auto parts, etc., is allowed. Automobile Repair and Service, Limited. Minor repair or replacement services for automobiles, light trucks, motorcycles, trailers, recreational vehicles and similar non- commercial motor vehicles not exceeding one and one-half ton capacity. Services include engine tune-ups, oil changes and lubrication, wheel alignment or balancing, sales and installation of batteries or tires, transmission, drive train, radiator, fuel, electrical or muffler repairs, servicing of brakes, air conditioning or exhaust systems, incidental upholstering, or similar servicing or repairs not part of collision repair and normally not requiring any significant disassembly or overnight on-site storage of vehicles. No outdoor storage of materials such as tires, auto parts, etc., is allowed. Automobile Sales Facility. The sale of automobiles, noncommercial trucks, or motorcycles, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships or motorcycle dealerships. Awning. An architectural projection, which provides weather protection, identity or decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which another cover is attached which may be of fabric or other materials. Balloon. A helium -filled device, not to exceed 18 inches each, which cannot be fashioned into shapes or letters. Banking and Financial Services. An establishment primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services. This term does not include "check cashing" or "payday loan" establishments. Banner. Any sign or attention -getting device made of fabric, plastic or other non rigid material designed to hang from rope or wire or suspended from a pole to advertise a business, service, or special event and not mounted in a permanent, rigid frame. Page 4 of 54 Banner, Light Pole Mounted. Any flexible material mounted between two horizontal supports projecting at a perpendicular from a light standard in flag fashion. The term includes any rigid or semi-rigid sign face or lens mounted in a frame attached to the side of a light standard in a way to achieve the same effect. Banner, Street. Any banner hung over or across a city street or other public right of way. Bar. A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, pubs, cocktail lounges and similar uses other than a Restaurant. Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. This would include a 100 year flood event and may often be referred to as the 100 -year floodplain. Beacon. Any light either permanent or portable and either stationary or moving with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move, whose purpose is to attract attention. Bed and Breakfast (B&B). A private residential structure(s) used for the rental of overnight accommodations and whose owner serves breakfast at no extra cost to its lodgers. In all designated zoning districts the primary use of the property shall be residential with the Bed and Breakfast use considered an accessory use. The events associated with a Bed and Breakfast shall be subordinate to the Bed and Breakfast. Best Management Practices. Schedules of activities, maintenance procedures and other management practices to prevent or reduce the pollution of water in the state from point and non -point sources, to the maximum extent practicable. Best management practices also include treatment requirements, operating procedures and practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage. Bikeway. All thoroughfares that explicitly provide for bicycle travel including facilities existing within street and highway rights-of-way and facilities along separate and independent corridors. Block. A parcel of land, entirely surrounded by public streets, highways, railroad right-of-way, public walks, parks or green strips, rural land, drainage channels, or a combination thereof. Blood or Plasma Center. A facility that obtains blood or blood plasma from voluntary donors. Board of Adjustment. See "Zoning Board of Adjustment (ZBA)" Boarding House. See "Rooming House" Body Piercing Studio. An establishment primarily engaged in the creation of an opening in the body, other than the ears, of a person for the purpose of inserting jewelry or other decoration. Bond. Any form of security including a cash deposit, surety bond, property or instrument of credit in an amount and form satisfactory to the City Attorney. Page 5 of 54 Buffer. A physical barrier or open area arranged in such a manner that adjacent uses will be separated to such a degree that objectionable noise, heat, glare, visual clutter, dust, loss of privacy, air circulation, and other negative externalities shall be abated. Buffer Yard. A land area used to separate one use from another or to shield, reduce or block noise, lights, or other nuisances. Buffer yards may be required to include fences, walls, berms, as well as shrubs and trees. Build4o-Line. An invisible line located a precise distance from a right-of-way that a portion of a building must be built to, as established by certain zoning districts. Buildable Area. The area of a lot available to be constructed upon after accounting for the required setbacks. Building. A structure constructed, maintained, or intended for use for the shelter or enclosure of persons, animals, or property of any kind. Building, Enclosed. A roofed building surrounded on all sides by walls. Building Envelope. An area within the property boundaries of a lot or space within which a permitted structure can be placed. Building Floor or Story. The part of a building from one floor to the next floor above or to the ceiling if there is no floor above. Building Height. See "Height, Building" Building Line. An invisible line parallel to any lot line that is established by the portion of a building that is closest to that lot line for the purposes of establishing the yard boundaries of a lot. Building Official. The individual designated by the City Manager to insure compliance with the adopted Building Codes of the City of Georgetown or the Building Official's designee. Building Permit. An official document or certificate signed by the Building Official or designated employee authorizing performance of a specified activity. Building, Principal or Primary. A building in which the primary use of the lot is conducted. Bus Barn. A facility where buses or other passenger transporting fleet vehicles are housed, stored, maintained or repaired. Accessory uses may include offices or maintenance, fueling, or washing facilities. Business Office, Temporary. The use of a structure, frequently a portable structure, to temporarily house the operations of a business while permanent facilities are being constructed. Business or Trade School. See "School, Business or Trade" Caliper. Diameter at three feet above natural grade. Caliper, Existing. The diameter of a tree trunk measured at 4.5 feet above the ground level. Trees that split into multi trunks below 4.5 feet the diameter shall as the sum of each individual trunks measured 4.5 feet above the ground level. Page 6 of 54 Campground. Land containing two or more campsites which are located, established, or maintained for occupancy by people in temporary living quarters, such as tents, recreation vehicles, or travel trailers which are used for recreation or vacation purposes. The maximum length of stay at a camping and recreational vehicle park shall be 30 days. Canopy. An awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, fuel pumps or outdoor area. Car Wash, Full -Service. A facility for the washing, waxing or cleaning of automobiles, recreational vehicles or light duty trucks where the owner of the vehicle does not actually wash the vehicle. The owner either leaves the vehicle and comes back to retrieve it later, or the owner waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee. Car Wash, Self -Service. A facility for the washing, waxing or cleaning of automobiles, recreational vehicles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. This term includes a wash facility providing automated self-service (drive- through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed and a wash facility providing wand -type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand -type apparatus by depositing coins or tokens into a machine. Caretaker Residence. An accessory dwelling unit located on the premises of a non- residential use, which is used exclusively to house a caretaker, guard, or night watchman employed by the business to provide security. Carriage House. A building, typically an historic structure, originally used to house and store carriages, coaches and related equipment. Cemetery. A place or ground used or intended to be used for the burial or entombment of the dead, whether human or animal, including a mausoleum or columbarium. Certificate of Design Compliance (CDC). A certificate documenting approval by the Historic and Architectural Review Commission (HARC) or the Historic Preservation Officer to construct, reconstruct, alter, restore, remove, or demolish any exterior building or site features including but not limited to architectural elements, signage and landscaping within the Old Town and Downtown Overlay Districts or any other established Historic District. Certificate of Occupancy. The written approval of the Building Official certifying that a newly constructed structure, addition to an existing structure, or an existing structure undergoing a change in use is in full compliance with the provisions of this ordinance and that such structure is habitable and in conformance with this Code and all applicable Municipal building codes, fire code, and other adopted City regulations. Church. See "Religious Assembly Facility" City. The City of Georgetown, Texas. City Council. The City Council of the City of Georgetown, Texas. Page 7 of 54 City Limits. The official corporate limits of the City of Georgetown, Texas. City Manager. The chief administrative officer of the City, as appointed by the City Council, or their designated representative. City Secretary. That person holding the office of City Secretary, Georgetown, Texas, as appointed by the City Council, or their designated representative. Civic Use. See "Use, Civic" Classroom. Any room, including laboratories, in which classes are conducted at a school, church or other educational facility, but excluding hallways and other common areas, auditoriums, sanctuaries, gymnasiums, cafeterias, libraries, storage and maintenance areas, and administrative offices. Classroom, Portable. A classroom(s) located within a building constructed off-site and placed at an educational facility on a temporary basis as permitted in Section 5.08 of this Code. Code Enforcement. Duties designated by the City Manager to cause property owners and others responsible for buildings and related land uses to bring their properties up to standards of this code and other required building codes. Collocation. Locating wireless communications equipment from more than one provider on a single mount, tower, or support structure. College. An educational institution or other institutions of higher learning that offers courses of general or specialized study leading to a degree. They are certified by the State Board of Higher Education or by a recognized accrediting agency. Accessory uses include offices, student housing, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, and seminaries. Columbarium. A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person. Commercial. A term used to describe activities that are non-residential and non -civic in nature and involve the exchange of goods and/or services. Commercial Document Storage. A business providing off-site document or record storage, management and retrieval services in a secure, temperature -controlled facility for commercial businesses or government entities. Commercial Feed Lot. A lot, yard, corral, building or other area in which livestock or other animals for food or fur are housed and confined, primarily for the purposes of feeding and growth prior to slaughter and which is specifically designed as a confinement area where the concentration of animals is such that a vegetative cover cannot be maintained with the enclosure and substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. The term does not include areas which are used for raising crops or other vegetation or upon which livestock are allowed to graze. Page 8 of 54 Commercial Message. A message that calls attention to a business, product, service, or other commercial activity. Commercial Recreation. A privately established and operated facility that provides indoor or outdoor recreational opportunities for a fee, including batting cages, bowling alleys, miniature golf courses, roller and ice skating rinks, game courts, video arcades, pool halls, laser tag, skate parks, rock climbing walls, go kart tracks and similar uses. Accessory uses may include snack bars, limited sales, and locker rooms. This use excludes outdoor firing ranges, stadiums, amphitheaters, amusement parks, country clubs, golf courses, camping and recreational vehicle parks, fairgrounds and swim/tennis clubs. Commercial Sales and Services. Non -Residential use for which the primary activity involves the sale of goods and/or services. Commercial Use. See "Use, Commercial" Commission. See "Planning and Zoning Commission" Communication Service. An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, but excludes those classified as major utility facilities. Typical uses include television, film or sound recording studios, telecommunication service centers and telegraph service offices. Communication Tower. Any fixed, free standing, uninhabitable structure, not a shelter, built primarily to support antennas or other associated hardware. Communication towers include, but are not limited to the following. 1. Lattice towers which are self-supporting structures consisting of a network of crossed metal braces, forming a Tower which is usually triangular or square in cross Section; or 2. Monopoles which are self-supporting structures consisting of a single pole sunk into the ground and/or attached to a permanent foundation. I (Towers that are supported, in whole or in part, by guy wires and ground anchors are not allowed in the City). Communications Facility. A facility supporting antennas and microwave dishes that sends and/or receives radio frequencies signals. Communications facilities include structures or towers, accessory buildings and ground base equipment. Community Center. A building or complex of buildings typically consisting of one or more meeting or multi-purpose rooms and kitchen and/or outdoor barbecue facilities, owned and/or operated by a governmental agency or private non-profit agency and used for and providing religious, fraternal, social, cultural, educational, athletic, recreational or entertainment activities generally open to the public and designed to accommodate and serve significant segments of the community. Community centers may be available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Page 9 of 54 Community Facilities. Facilities providing educational, recreational, social and/or cultural activities which are open to the public. Community Garden. A site used for growing plants for food, fiber, herbs and/or flowers, which is shared and maintained by community residents. Comprehensive Plan. The long-range develepmet plan for the community approved by the City Council. Concrete Products, Temporary. A temporary facility or area for the mixing and distribution of concrete or asphalt to serve a nearby development project during construction, to be removed when the project is completed. Condominium. A form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements such as land or accessory buildings. Conservation Area, Primary. Open space areas that contain features which are required to be part of the Conservation Open Space, such as wetlands, endangered species habitat, etc. Conservation Area, Secondary. Open space areas that contain features which are encouraged but optional for inclusion into the Conservation Open Space. Conservation Development. A development where new structures are clustered onto a portion of the development parcel, so that the remainder can be preserved as open space. Conservation Open Space. Open space within a conservation development that has been set aside for permanent protection. Conservation Subdivision. See "Conservation Development" Construction Field Office, Temporary. A temporary building used as an office for supervisory or administrative functions related to the construction of (1) new residential structures within the subdivision in which the construction field office is located or (2) a new commercial development on the tract on which the construction field office is located. A Construction Field Office shall not be used as a residence and shall not be constructed with sleeping facilities. RVs, motor homes or mobile homes are not permitted or defined as a Construction Field Office. Construction Plans. The maps, drawings and specifications indicating the proposed location and design of improvements to be installed in a subdivision or a site. Construction Staging, Off-site. The temporary use of property for activities related to the construction of public improvements. Temporary facilities allowed in conjunction with a staging site may include a construction field office, portable restroom facilities, vehicle or equipment storage, layout yards, storage of construction materials or product, and other uses as determined by the Building Official. Consumer Repair. An establishment primarily engaged in the provision of repair services to individuals and households rather than firms. Typical uses include appliance repair, locksmiths, watch or jewelry repair, or musical instrument repair. This use excludes automotive and large equipment servicing or repair. Page 10 of 54 Consumer Retail Sales and Services. Group of commercial uses providing retail sales and services primarily to individuals, typically for frequently or recurrently needed services of a personal nature. Contiguous. Adjacent property whose property lines are shared or are separated by only a property line, street, alley, easement, or right-of-way. Contractor Services, General. An establishment primarily engaged in construction or related activities off -premises. This use includes offices associated with the business and the maintenance and indoor or outdoor storage of supplies, equipment, machinery and vehicles. Contractor Services, Limited. An establishment primarily engaged in construction or related activities off -premises. This use is limited to the offices associated with the business and the indoor incidental storage of supplies, and excludes the on-site maintenance or storage, temporary or otherwise, of equipment, machinery or vehicles. No outdoor storage is allowed. Correctional Facility. A facility providing judicially required detention or incarceration of individuals convicted of crimes where these individuals are housed until such time as they have completed their sentences. Such facilities include minimum and maximum security prisons for adults as well as juvenile detention centers for minors. Council. See "City Council" Country Club. A private recreational, social, and multi-purpose use generally associated with a private golf course for the benefit and enjoyment of members and their guests. Typically includes clubhouses, tennis courts, playgrounds and swimming pools. County. Williamson County, Texas. Courthouse. The County Courthouse of Williamson County, Texas. Courthouse Dome Protected View. A view of the dome of the Courthouse from the top of the cornice to the top of the statue. Courthouse View Overlay, Allowable Height. The maximum height allowed for any building, fagade, decorative feature, sign or rooftop mechanical equipment screening. Courthouse View Overlay, Distance. The distance from the View Point to either the Review Site or the Courthouse. Courthouse View Overlay, Review Site. Proposed location of development. Courthouse View Overlay, Sightline. A line drawn from the View Point to the lowest protected point on the Courthouse. Courthouse View Overlay, View Corridor. That area projecting from the Courthouse to the farthest point of the View Point as reflected in the Map, Section 4.09.060, or any point in between from which there is a view within public right-of-way of the protected view of the Courthouse dome. Courthouse View Overlay, View Point. The point from which the Sightline establishes a maximum height which may not be exceeded by any structure. The elevation at the view Page 11 of 54 point is established from four (4) feet above the lowest elevation of any lane within the right- of-way of a View Corridor from which the protected view of the Courthouse dome is visible. A view triangle encompassing the full range of view for the complete site shall be included in the view point. Creek. A stream of surface water sufficient to produce a defined channel or bed. Critical Root Zone (CRZ). A region measured outward from the trunk of the tree representing the essential area of the roots that must be conserved or preserved for the tree's livelihood. The CRZ is measured as one foot of radial distance outward from the trunk for every inch of the tree caliper. Crosswalk. A strip of land dedicated for public use and which is reserved across a block for the purpose of providing pedestrian access to adjacent areas. Cul -de -Sac. See "Street Cul -de -Sac" Dairy. A commercial agricultural facility used for the production of milk and milk products, including the care, feeding and raising of cows and/or goats. Dam. All obstructions, wall embankments or barriers constructed for the purpose of storing or diverting water or creating a pool. Dance Hall. An establishment open to the general public for entertainment, in particular, dancing, but excluding any entertainment otherwise included in the definition of "adult- oriented business". Data Center. A facility housing a collection of computer servers and associated components, such as telecommunication, storage and backup systems, that supply information to single or multiple end users off-site. Data Centers will typically require large amounts of electricity, strict temperature control and high security and will generally have few employees on-site at any given time. May also be referred to as a server farm. Day Care, Commercial. A day care facility that provides less than 24 hour care and supervision for twelve (12) or more individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees. This term shall include commercial daycare for children, adults or handicapped persons. This use is subject to registration with the Texas Department of Protective and Regulatory Services. Day Care, Family Home. A home occupation in which an individual provides less than 24 hour care and supervision for six (6) or fewer children under the age of fourteen (14), plus no more than six (6) additional elementary school-age children (age five to thirteen). The total number of children, including those under the legal custody of the day care provider, is no more than twelve (12) at any time. This use is subject to registration with the Texas Department of Protective and Regulatory Services. Day Care, Group. A day care facility that provides less than 24 hour care and supervision for seven (7) to twelve (12) children under 14 years of age at any one time, including those under the legal custody of the day care provider or employees. Page 12 of 54 Day Care Facilities. A group of uses providing care and supervision for children or adults. Deciduous. A plant or tree with foliage that sheds annually. Decision -Making Body or Authority. The entity that is authorized to finally approve or deny an application or permit required under this Code. Dedication. The commitment of property interests from a private entity to a public entity for a public purpose. Demolition. The complete destruction of a building or structures or removal of more than 30 percent of the perimeter walls; or removal of any portion of a street -facing fagade. Density. The overall average number of units located on the gross or net acreage. Developed Area. That portion of a lot, easement, or parcel upon which a building, structure, pavement or other improvements have been placed. Development. The term "development" includes any of the following occurrences: The division of a parcel of land into two (2) or more lots or parcels; the construction, reconstruction, conversion, structural alternation, relocation, or enlargement of any buildings; the extension of any use of land; any clearing, grading, excavation or other movement of land, for which permission may be required pursuant to this ordinance; reconstruction, alteration of the size, or material change in the external appearance of a structures and excavation for the construction, moving, alteration, or repair, not including ordinary maintenance and repair, of any building or structure -exceeding 144 square feet in area. Development Agreement. An agreement approved by the City Council for a development that could not otherwise be accomplished under this Code or the Code of Ordinances. A Development Agreement may modify or delay certain requirements of this Code (including any Manuals adopted by reference in the Code) and/or any other provisions of the City Code of Ordinances. Development Engineer. A professional engineer licensed by the State of Texas and designated to serve in the capacity of the Development Engineer for duties specified in this Code. Director. The Director of the City's Planning and Development Department or their designated representative. Director of Georgetown Utility Services. This term shall include the Director of Georgetown Utility Services, the Director's designee or other City personnel assigned the responsibilities referenced in these regulations. District Size, Minimum. The minimum amount of total land required to establish a particular zoning district. A minimum district size is separate and distinctive from a minimum lot size and can be the collection of more than one lot or parcel. Dormitory. See "Student Housing". Downtown Design Guidelines. A Council -adopted ordinance that provides guidance and approval criteria for the Historic and Architectural Review Commission, along with the Historic Page 13 of 54 Preservation Officer, when reviewing design compliance and proper preservation practices for proposed projects in the Downtown and Old Town Historic Overlay districts. Downtown Master Plan. A local ordinance that, in conjunction with the Downtown Design Guidelines, guides Downtown street, building and land use projects towards an economic and visual goal, as envisioned by City Council, Staff, citizens and local preservation groups. Drainage Engineer. A professional engineer licensed by the State of Texas, and designated to perform duties specified in this Code. Drainageway or Waterway. Any natural or man-made channel conducting storm water. Dripline. The periphery of the area underneath a tree which would be encompassed by perpendicular lines dropped from the outermost edges of the canopy of the tree. Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. Driving Range. An outdoor area equipped with distance markers, clubs, balls, and tees for practicing long distance golf drives. Driving Surface, All Weather. An impervious surface of chip seal asphalt or concrete applied to a compacted subgrade and compacted flexible base materials which forms a roadway. The impervious surface is applied to protect the base material against any weather conditions and provide stability for vehicular loading and weight carrying capabilities. Pervious concrete, grasscrete or pavers, as approved by the Development Engineer, can be considered an All -Weather Driving Surface. (Refer to the Construction Standards Manual) Dry Cleaning or laundry Plant. A commercial facility at which clothes are brought to be dry cleaned and/or laundered from individual dry cleaning service outlets. Such a facility may be a freestanding use or may be combined with a dry cleaning service outlet. Dry Cleaning Service. An establishment engaged in providing laundry, dry cleaning and other related services on a pick up and drop off basis to individual customers. The actual laundering and/or dry cleaning of clothes may take place at that facility. If laundering and/or dry cleaning of clothes from other service outlets take place, it shall be considered a "dry cleaning or laundry plant." Dwelling or Dwelling Unit. A building or portion thereof that includes sleeping, cooking, eating and sanitation facilities, designed and used for residential occupancy by a single household. Dwelling units do not include overnight accommodations. Dwelling or Dwelling Unit, Accessory. A separate dwelling unit, either detached or attached to the principal dwelling unit, which includes full kitchen facilities, and provides living quarters for the occupants of the principal dwelling or their temporary guests. Accessory Dwelling Units shall not be rented or offered for rent. Dwelling or Dwelling Unit, Principal. The main residential structure or part thereof on a lot or parcel. Dwelling or Dwelling Unit, Second. An additional principal dwelling located on the same lot as another principal dwelling, pursuant to Section 5.02.020. Page 14 of 54 Easement. A dedication by a property owner to the use of land by the public, a corporation or persons for specific purposes such as the construction and maintenance of utilities, drainageways, driveways and roadways. Educational Facilities. A group of uses including public and private schools at the primary elementary, middle, junior high or high school level that provides basic academic education and colleges and other institutions of higher learning that offer courses of general or specialized study. Edwards Aquifer. Aquifer formation in Central Texas consisting of a Recharge Zone, Contributing Zone and Transition Zone, all of which are often preceded in name by "Edwards Aquifer". The boundaries of the Edwards Aquifer and its divisions are determined by the Texas Commission on Environmental Quality (TCEQ). If not specifically singled out by individual zone, "Edwards Aquifer" shall be determined to encompass all three zones collectively. Also see "Aquifer" Electronic Message Center. Any sign which contains an illuminated, programmable message or graphic, whether fixed in place or moving/changing ("traveling"). Emergency Services Station. Facilities for the conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services. Endangered or Threatened Species. Species that are "in danger of extinction within the foreseeable future throughout all or a significant portion of its range", while threatened refers to "those animals and plants likely to become endangered within the foreseeable future throughout all or a significant portion of their ranges", as defined in the Endangered Species Act of 1973. Engineer's Report. A signed and sealed report by a registered professional engineer licensed by the State of Texas. Event Catering and Equipment Rental Services. An establishment providing large scale food catering services and the storage, rental and supply of party, banquet or event equipment, furnishings or fixtures. Exterminating Services. See "Pest Control Services" Extraterritorial Jurisdiction (ETJ). The unincorporated area, not part of any other municipality, which is outside of and contiguous to the corporate limits of the City of Georgetown, as defined and established in accordance with Chapter 42 of the Texas Local Government Code. Farm. Land used for the growing of produce such as vegetables, fruits, trees and grain and their storage; the raising of animals such as horses, cattle, sheep, chickens and swine on a limited basis; and dairy farms. Farms include accessory uses for treating and storing the product, provided, however, that it does not include the commercial raising or pen feeding of animals, or the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Page 15 of 54 Farm Stand. An accessory building or structure erected for the seasonal display and retail sale of fresh fruits, vegetables, flowers, herbs or plants produced on the property or neighboring property where the stand is erected. No commercially packed handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm stand. Farmer's Market. A permanent indoor or outdoor market where individual vendors offer produce and related items for retail sale directly to the consumer. The products are typically locally and regionally grown and may include items such as fresh fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and processed food products such as jams, honey, pickled foods and sauces. Baked goods, handmade crafts, art, clothing, jewelry and produce items not native to this region may also be sold but may not constitute a majority of total sales. Sale of new and used household goods, personal effects, tools, small household appliances and similar merchandise are not included in this definition. Farmer's Market, Temporary. A farmer's market held at a temporary outdoor location. Federal Aviation Administration (FAA). The governmental agency responsible for regulating airways in the United States. Federal Communications Commission (FCC). The government agency responsible for regulating telecommunications in the United States. Fence. A constructed -barrier that is designed for screening or enclosing, but not considered a structure. Fence, Privacy. An opaque fence made of opaque materials and constructed so that gaps in the fence do not exceed one-half (1/2) inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half (1/2) inch. Firing Range. Any rifle, pistol, silhouette, skeet, trap, black powder or other similar range used for discharging firearms in a sporting event or for practice or instruction in the use of the firearm, or for the testing of a firearm. Fitness Center. An establishment providing exercise equipment, facilities and instruction designed to maintain or improve the physical fitness of participants. Facilities may include childcare centers, swimming pools, sports courts and similar amenities and may also include incidental food sales, retail sales and personal care services. May also be referred to as a gym or a health club. Flag. Any fabric, banner or bunting containing distinctive colors, patterns, or symbols used for the purpose of advertising, or drawing attention to a business. Does not include government flags, which are separate and distinct by definition and treatment in this Code. Flag, Governmental. Flags of the United States, the state, the city, or foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. Flea Market. A permanent indoor or outdoor market where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables and other edible items. The individual sellers at the flea market need not be the Page 16 of 54 same each time the market is in operation. A flea market is different from a "farmers market" in that the majority of goods sold at a flea market are non -edible. Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. Floodplain or Flood -Prone Area. Any land area susceptible to being inundated by water from any source, including, but not limited to flooding (see "Flood"). Floodway. See "Regulatory Floodway" Food and Beverage Establishments. A group of uses including businesses that store, prepare, package, serve, or otherwise provide food and beverages for human consumption. Examples include restaurants, bars, and food catering services. Food Catering Services. A commercial facility providing services consisting of the on-site preparation and storage of food and food utensils to be delivered and served to and consumed by customers off the premises. This term does not include the storage, rental or supplying of parry, banquet or event equipment, furnishings or fixtures. Foot Candle. A measure of light intensity, measured in lumens per square foot, which is the amount of light received by one square foot of a surface that is one foot from a point source of light equivalent to one candle of a certain type. Frontage. The portion of a lot, parcel or tract of land abutting a street right-of-way. Fuel Pump. A dispenser of fuel, including gasoline, diesel, ethanol, etc, or combination thereof, serving one (1) vehicle. Includes electric recharge. Fuel Sales. The on-site retail sales of motor vehicle fuel, including gasoline, diesel fuel and alternative fuels. Funeral Home. An establishment engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses also include mortuaries. Furniture Repair and Upholstery. Establishments engaged in the repair or re -upholstering of used or antique furniture. Garage. A building or structure or part thereof, designed, used or intended for the parking and storage of automobiles. Garage, Private. An enclosed accessory building, whether attached or detached from the principal structure, housing vehicles owned and used by occupants of the building(s) on a site. Garage Apartment. See "Dwelling or Dwelling Unit, Accessory" Garage Sale. (a) The sale of tangible personal property that is held in a garage, carport, porch, patio, driveway, sidewalk, or yard of the seller's dwellings or (b) the sale of tangible personal property that is held in a parking lot, driveway, sidewalk, or yard of a non-residential property other than one zoned therefore and for which a current valid commercial store Page 17 of 54 license has been issued by the State. The term Garage Sale includes the terms yard sale, estate sale, occasional sale, and similar phases. Garden Center. See "Landscape Supply Sales" Golf Course. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, a driving range, putting greens and shelters as accessory uses. This term excludes stand alone driving ranges or miniature golf facilities. Good Repair. That level of maintenance and repair which clearly furthers the continued availability of buildings and structures for lawful reasonable uses and prevents deterioration, dilapidation and decay of buildings and structures. Government and Community Facilities. A group of uses focused on the provision of a public or cultural service. Typically these facilities are public or non-profit and serve a wide range of needs and patrons. Government Office. Federal, State, County or City offices containing administrative, clerical or public contact services and may include incidental storage and maintenance of necessary vehicles. Grade. The level of the finished surface of the ground or improvements Grade Plane. A reference plane representing the average of finished ground level. Greenbelt. Land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state. Greenhouse. A glass or plastic enclosure used for the protection and cultivation of plants. Typically a residential accessory structure that is small-scale in nature. Greenhouse, Wholesale. A large-scale commercial greenhouse used to grow flowers, shrubs, trees or other plants for the wholesale trade to restaurants, farmer's markets, grocery stores and other off-site markets. The business may have incidental retail sales in conjunction with the wholesale sales. Gross Floor Area. The square feet of floor space within all exterior walls and including all floors of a building. Gross Floor Area (often referred to as GFA) does not include porches, garages, or space in a basement or cellar not used for dwelling purposes. Group Home. A facility or home licensed by the State to provide shared residential living arrangements for the 24-hour protective care of the mentally and/or physically impaired, developmentally disabled or victims of abuse or neglect. This term includes foster homes, congregate living facilities for persons 62 years of age or older and maternity homes. This term does not include post -incarceration facilities or facilities for those who are a danger to themselves or others. Group Living. A group of uses characterized by the residential use of a site for occupancy by groups of persons not defined as a family, on a weekly or longer basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, residence halls, boarding houses or fraternal orders. Page 18 of 54 Guest House. An attached or detached accessory building used to house guests of the occupants of the principal building, which is never rented or offered for rent, and does not contain a kitchen. Gym. See "Fitness Center" Halfway House. Pursuant to Texas Human Resources Code Section 42.002, a halfway house is a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the state department of corrections. Hardship. Deprivation; suffering; state of misfortune or affliction. For the purposes of this Code, hardship does not include economic hardship when in reference to a Variance to a Zoning provision, as such term is defined in this Code. Hazardous Material. Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes. Health Club. See "Fitness Center" Health Services. A group of uses intended for the treatment and care of injured or ill patients, including doctor's offices and clinics, urgent care facilities and home health care services, but excludes hospitals. Heavy Equipment Sales and Repair. A facility providing retail sales, leasing and repair of heavy or commercial vehicles or equipment such as those used in construction, farming or manufacturing. Height, Antenna Support Structure. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height of the antenna support structure. Such height measurement shall also not include lightning arresters 12 feet or less in length. Height, Building. The vertical distance from grade to the average height of the highest roof structure. Height, Wireless Communication Facility. The vertical distance from grade plane, or from the lowest point of attachment of the structure to any building, to the highest point of the structure, including antennas. Heliport. Any landing or takeoff area intended for use by helicopters or other rotary wing type aircraft capable of vertical takeoff and landing profiles. Historic and Architectural Review Commission (HARC). A City Council -appointed board, consisting of seven (7) members, who have decision-making authority regarding Certificates of Design Compliance, and make recommendations to the City Council on the Page 19 of 54 designation of Historic Districts, in addition to other duties as identified in Section 2.03 of this Code. Historic District or Site. Any site, District, area, building or structure of historical, archeological or cultural importance or value which the City Council determines by action shall be protected, preserved or enhanced in the interest of the culture, prosperity, education and welfare of the people. Historic Integrity. The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's prehistoric or historic period. Not only must a property resemble its historic appearance, but it must also retain physical materials, design features, and aspects of construction dating from the period when it attained significance. Historic Preservation Officer (HPO). A person designated to review development applications in the Downtown and Old Town Historic Overlay Districts, The HPO presents findings and recommendations to the Historic and Architectural Review Commission and any other duties granted them by this Code. Home Health Care Services. A facility primarily engaged in providing skilled nursing services in the home along with a range of additional services to help patients live independently by taking care of activities that are essential to daily living. In addition to traditional nursing (such as changing wound dressings, checking vital signs and providing tube feedings), these care giving services may include personal care (such as bathing, dressing, eating and walking), homemaker and companion services (such as shopping and paying bills), physical therapy, medical social services, medications, medical equipment and supplies, 24- hour home care, counseling, dietary and nutritional services, speech therapy and audiology. Home Occupation. An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, and which is clearly incidental and secondary to the use of the premises for residential purposes, pursuant to Section 5.02.020 of this Code. Homeowners Association (HOA). An incorporated non-profit organization operating under recorded land agreements through which lot owners pays annual dues and may be subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property. Horticulture. The growing of fruits, vegetables or ornamental plants such as flowers, shrubs or trees. This use excludes on-site retail sales. Hospice Facility. A facility licensed through the State of Texas to provide 24-hour palliative care to terminally ill persons. Hospital. An institution providing primary health services and medical or surgical care, primarily on an in-patient basis, to persons suffering from illness, disease, injury and/or other abnormal physical conditions. Services may include out-patient and emergency treatment, diagnostic services, laboratories, rehabilitation services, training or teaching facilities, medical offices, hospital administration, meeting areas, maintenance facilities, staff dormitories and supportive services for patients, employees and visitors such as cafeterias and ancillary retail sales. Page 20 of 54 Hospital, Psychiatric. Hospitals that are primarily engaged in providing diagnostic, medical treatment, and monitoring services for inpatients who suffer from mental illness. The treatment often requires an extended stay in the hospital. Hotel. A facility offering transient lodging accommodations for rent to the general public for periods of less than thirty (30) days. All rooms are accessed exclusively by interior corridors via the main lobby of the building or entryways individually equipped with some form of security controlled access system. Customary hotel services and amenities, such as linen and maid service, are included. Hotel, Boutique. A small hotel, usually less than fifty (50) guest rooms, that is non -highway serving and generally not part of a large hotel chain. A boutique hotel will typically have a unique location or building or might be associated with a specialty, such as a spa. Accessory uses may include a restaurant, lounge or live entertainment. Hotel, Extended Stay. A hotel offering for rent individual guest rooms or suites intended to be used for stays which may exceed thirty (30) consecutive days. Meeting rooms, a clubhouse, and recreational facilities for the use of residents and their guests are permitted and suites may contain complete kitchen facilities. Hotel, Full Service. A hotel generally consisting of at least 100 guest rooms and providing a full-service restaurant, meeting rooms, recreational facilities, and personal services in addition to the customary hotel services and amenities. Hotel, Limited Service. A hotel that does not provide additional guest services beyond the customary hotel services and amenities. House. See "Dwelling or Dwelling Unit" Household. Any of the following: (a) one (1) or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwellings (b) up to four (4) unrelated persons; or (c) Two (2) unrelated persons and their children living together in a dwelling. Household Living. A group of uses characterized by one (1) or more persons living together in a single dwelling as a household. Housing Diversity Development. A unified development that provides a minimum of twenty percent (20%) of three or more housing types as identified in Chapter 6 of this Code. Illuminated. Using an artificial or a reflective light source. Illumination, External. See "Sign, External Illumination" Illumination, Internal. See "Sign, External Illumination" Impervious Cover. Any hard -surfaced, man-made area that does not readily absorb or retain water, including, but not limited to, building roofs, parking and driveway areas, pavement, graveled areas, sidewalks and paved recreation areas. Impervious Cover is subject to the determination of the Development Engineer. Includes and may be referred to as the term Impervious Surface. Page 21 of 54 Improvement. Any constructed physical feature which is not a natural feature. For example, a structure, building, fence, gate, landscaping, tree, wall, parking facility, etc. Industrial Use. See "Use, Industrial" Infrastructure. Any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, irrigation system, water line system, sewer system, storm drainage network, electric system, telecommunications, public parkland, landscaping, or other facility or portion thereof for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established. Inn. A property, often a former single-family residence, offering up to fifteen (15) guestrooms for rent to tourists, vacationers and similar transients, for a period of time not to exceed thirty (30) consecutive days. Guest quarters are typically accessible by hallways through a main entrance and do not include cooking facilities. An inn may consist of more than one building and may include a single kitchen facility to offer on-site meal service. Integrated Office Center. A building designed to be primarily occupied by a mixture of offices of a similar field, service, industry or profession (Le., medical) with ancillary establishments for workers such as a restaurant or personal services. Retail uses related to the primary field or profession and serving the general public may also be located in such structures but shall not constitute a majority of the building's gross leasable area. An Integrated Office Center may include an Urgent Care Facility. Intermittent Stream. A stream that has a period of zero flow for at least one week during most years. Where flow records are available, a stream with a flow of less than 0.1 ft3/s is considered intermittent. Irrigation System. A permanent, automatic, underground water system that is designed to transport and distribute water to landscape plant material base on its moisture needs for healthy growth. Janitorial Services. An establishment providing cleaning services for the interior or exterior of buildings, structures or dwellings, whether or not industrial, commercial or income- producing real property, or the contents thereof. Such services are rendered either on a scheduled, periodic basis or only on a single occasion. Jurisdiction, City of Georgetown. The City's corporate limits and/or extra -territorial jurisdiction (ED). Karst. A type of topography that is formed over limestone, dolomite or gypsum by solution of the rock and is characterized by closed depressions or sinkholes, caves and underground drainage. Kennel. A commercial establishment in which two or more dogs, cats or other domesticated (pet) animals not owned by the owner or occupant of the premises are temporarily housed for boarding, training, or breeding purposes. Typical uses include boarding kennels, pet motels and dog training centers. Outdoor facilities associated with this use are subject to the limitations in Section 5.04.020 of this Code. Page 22 of 54 Kitchen. Any room or space used or designed to be used for the preparation or cooking of food and including or designed to include a cooking appliance, refrigerator and sink. Installation of a kitchen shall constitute a dwelling unit. Does not include and is distinct from Outdoor Kitchen, as that term is defined in this Code. Kitchen, Outdoor. An accessory kitchen located in the rear or side yard. The kitchen may include all of the following: stove, grill, pizza oven, sink, storage areas, refrigerator, dish washer, and/or other appliances normally found in a kitchen. The kitchen may be either open to the air or included in a covered patio area. Under no circumstances shall an outdoor kitchen area be fully enclosed. Land Disturbance. The construction or placement of buildings, roads and other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, and the deposit of refuse, waste or fill. Utility, drainage, and street repair, and any construction maintenance that does not disturb land or result in additional impervious cover shall not constitute land disturbance. Landfill. A location used solely for the burial of non -hazardous and non-medical farm, residential, institutional, commercial or industrial waste. Landscape Berm. An earthen mound designed to promote visual interest and topographic variety, as well as, screening undesirable views and aid in noise reduction. A berm shall have a minimum height of 36 inches with a maximum side slope of four (4) horizontal feet to one (1) vertical foot. Berms shall not encroach upon the critical root zones of existing vegetation. Landscape Features. Landscaping items that include a combination and placement of plant material (trees, shrubs, vines, groundcover, turf, or flowers), natural elements (berms, rocks, stones, boulders, or water) and/or structural features (not limited to walkways, fountains, outdoor art work, or benches). Landscape Supply Sales. An establishment primarily engaged in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, pots and other indoor or outdoor planting or gardening materials to the general public. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include plant nurseries, greenhouses, plant stores and lawn and garden centers. Laundromat. A facility where patrons wash and/or dry clothing, linens and other fabric items in machines operated by the patron. Legal Lot. Either a lot recorded in the Williamson County Plat Records under the applicable subdivision regulations at the time of its creation or an unplatted tract of land having existed in its present configuration prior to May 1, 1977, Library. A public facility or other place containing books for reading, study and research. License to Encroach. A revocable license granted by the City for all improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, right-of-way, or public easement, including, but not limited to, buildings, piers, pools, fences, walls, patios, decks, basements, etc. Page 23 of 54 Limits of Construction. Delineation on a site plan or construction plans, which shows the boundary of the area within which all construction activity will occur. Live Music. A designated area suitable for the conduction of a live concert of vocal or musical instrument performance, which can often be heard beyond the property line of the premises. Loading Space. An off-street space for the parking of a vehicle while loading or unloading merchandise or materials. Lot. A single parcel of land intended as a unit for transfer of ownership or for development, which may be occupied by at least one building or use and the accessory buildings or uses customarily incidental thereto, and having frontage on a dedicated street. Lot includes the word "plot" or "parcel" Lot Area. The area contained within the boundary lines of a lot, excluding any street, street easement, or street right-of-way. Lot Line, Front. The lot line abutting an existing or dedicated street. For corner lots, the front lot line shall be adjacent to the shortest street dimension of the lot. Lot Line, Rear. The lot line which is most distant and relatively parallel (within 45 degrees of being parallel) to the front lot line. Lot Line. A legal boundary that divides one lot from another lot or from a dedicated right-of- way. (Same as "Properly Line") Lot, Access. A lot established only for the use of access. Lot, Corner. A lot abutting two or more streets at their intersection. Lot, Double -Frontage. A lot, other than a corner lot, that has frontage on two non - intersecting streets. Lot, Flag. A lot containing a narrow portion of the lot fronting a public roadway. May also be referred to as a panhandle or pipe stem lot. Lot, Interior. Any lot other than a corner lot. Lot, Landscape. A lot generally used for landscaped open space or entry features, which are often smaller than minimum lot size requirements. Lot Line, Side. Any lot line that is not a front lot line or a rear lot line. Lot, Median. A lot within the right-of-way. Lot, Open Space. A lot that may provide space only for green belts, landscape, recreational uses or signage. Lot, Utility. A lot primarily providing for the installation of utilities and utility facilities. Lot Width. The width of a lot from one side lot line to another at the street frontage. Low Impact Development (LID). LID is an integrated site design approach for maintaining or replicating the pre -development hydrologic regime through the use of design Page 24 of 54 techniques. LID practices include grading minimization, impervious area disconnections, and preservation of existing landscaping and topography, increasing flow lengths, lengthening the time of concentration and increasing opportunities to mimic pre-existing hydrology. Lumber Yard. An area and structures used for the storage, distribution and sale of finished or rough -cut lumber and lumber products. Major Event Entertainment: A public or privately owned structure or area with a capacity of greater than 1,000 persons for the purposes of public performances, sporting events or similar attractions that may generate heavy traffic. Major event entertainment facilities include concert halls, stadiums, sports arenas, commercial water parks, racetracks, rodeo arenas, zoos, coliseums, amusement parks and convention centers. Accessory uses may include food preparation facilities, concessions, offices, museums, parks, athletic training or practice facilities, stores, restaurants, heliports, structures parking facilities and patron transportation facilities. Major Street. See "Street, Major" Manufactured Housing. A residential structure constructed on or after June 15, 1976, in compliance with the rules and definitions of the United States Department of Housing and Urban Development, that is transportable in one or more Sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- conditioning, and electrical systems. Manufactured Housing Park. A parcel of land under single entity ownership which has been planned and improved for the placement of two (2) or more manufactured homes and their accessory uses. Manufactured Housing Sales. An establishment engaged in the sales or leasing of new or used manufactured housing. Manufacturing, Processing and Assembly, General. The general mass producing, processing, or manufacturing of goods, materials, or products, predominately from extracted or raw materials, using mechanical power and machinery, and usually for sale to wholesalers or other industrial or manufacturing uses. This use includes procedures such as milling of grain, manufacturing, processing or assembly of wood products including cabinet and furniture production, processing of animals and animal products including slaughtering, meat packing and hide tanning, production of animal food, production of large durable goods such as motorcycles, cars, manufactured homes or airplanes, canning or bottling of food or beverage for human consumption including brewery and distillery plants, manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemical products, production or fabrication of metals or metal products including enameling, plating, galvanizing and use of a foundry, welding or machining, processing or recyclable materials, production of chemical, rubber, leather, clay, bone, plastic, stone or glass materials, clothing or textile manufacturing, tire recapping or retreading, and the production of items by means of the chemical processing of materials. Page 25 of 54 Manufacturing, Processing and Assembly, Limited. The assembly, processing or manufacturing of objects or items that are made from standard parts or components predominantly from previously prepared parts or materials without the use of any of the processes described within the definition of general manufacturing, processing and assembly. This use is conducted within an enclosed building and includes the finishing, fabrication, treatment or packaging and the incidental storage, sales and distribution of products such as software, electronics, communication products, precision scientific and technical equipment, medical equipment and devices, small appliances and instruments. Marquee. Any permanent roof -like structure projecting beyond a building or extending from a facade, along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather including a mansard roof. Master Sign Plan. A coordinated program for one or more signs on a property, identifying the size, height, location and color scheme of all signage proposed for the location, based upon total signage allocation established through this ordinance. Mausoleum. An external free-standing structure constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. Meat Market. An establishment that offers to the general public the sale of meat, poultry or fish and the service of processing and packaging such meats, provided the facility complies with all state, federal and local health regulations. All processing is conducted indoors with no emission of noxious odors or noise. This definition does not include the slaughtering or boarding of live animals. Mechanical Equipment. All equipment or devices installed for a primary or accessory use or structure, including, but not limited to, heating and air conditioning equipment, parabolic antennas, disc antenna, radio or TV receiving or transmitting antennas, utility huts, power generating devices, condensers, air ducts, meters, etc., that are located on the site or attached to the exterior (walls or roof) of the building. Medical or Dental Clinic. A facility housing the offices of more than three (3) medical practitioners including physicians, dentists, optometrists, chiropractors, podiatrists, psychologists, osteopaths, acupuncturists, physical therapist, respiratory therapist or similar practitioners of medical and healing arts for humans, licensed for such practice by the state, who provide examination, diagnosis, consultation, treatment, therapy or other preventative or correctional services on an outpatient basis. In addition to the services offered at a "Medical or Dental Office", a clinic may include facilities providing minor outpatient surgical services requiring a stay of less than twenty-four (24) hours, dialysis or cancer centers, or similar treatment facilities. Overnight stays of patients at such facilities shall not be allowed. Medical or Dental Office. A facility housing the offices of no more than three (3) medical practitioners, including physicians, dentists, optometrists, chiropractors, podiatrists, psychologists, osteopaths, acupuncturists, physical therapist, respiratory therapist or similar practitioners of medical and healing arts for humans, licensed for such practice by the state, who provide examination, diagnosis, consultation, treatment, therapy or other preventative or correctional services on an outpatient basis. Facilities may include patient waiting rooms, Page 26 of 54 treatment areas and laboratory space. Overnight stays of patients at such facilities shall not be allowed. Medical and Institutional Facilities. A group of uses designed for the treatment and care of physically or mentally ill patients, patients seeking treatment for dependency abuse, and also including centers for the receiving of blood, plasma or other bodily fluids. Membership Club or Lodge. An establishment providing meeting, recreational, or social facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations. Memorial Park. See "Cemetery" Microbrewery. A retail establishment where beer is produced on the premises for in-house consumption and sale. Food sales or a restaurant may also be included, as well as associated retail sales. A microbrewery typically produces less than 15,000 barrels annually. Micro Winery. A retail establishment where wine is produced on premises for in-house consumption and sale. Food sales or a restaurant may also be included, as well as associated retail sales. A micro winery is typically a small wine producer that generates between 200 and 1200 gallons of wine annually. Mixed -Use Development. A single development that combines two (2) or more mutually supporting land uses on a single parcel or site or within a general development plan, overlay district or cohesive zoning plan. Land uses may be mixed vertically within the same physical structure or horizontally with a physical and functional integration of buildings, project components and pedestrian connections on the same lot and/or under unified control. Mobile Home. A residential structure that was constructed before June 15, 1976, transportable in one or more sections, which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Mobile or Outdoor Food Vendor. A vehicle -mounted food service establishment that is designed to be readily movable, including push carts, mobile kitchens, hot dog carts, pretzel wagons, etc. Foods are limited to prepackaged or commissary prepared food unless the unit is equipped and approved by the County Health District (WCCHD) to handle food preparation. Any unit that requires direct hand contact with the food shall have a hand washing sink. Model Home. A building created for the short-term intention of being used as a sales office or display model for homes available for sale in a particular subdivision, with the long-term intention of being converted into a residential dwelling. Modular Home. An industrialized building other than a manufactured home, designed for occupancy and use as a residence by one or more families, consisting of one or more three- dimensional Sections that are designed and approved to be transported independently of other Sections, to a site upon a permanent foundation for construction thereon with or without other modules or modular components. Modular housing shall meet all requirements of the rules promulgated under the authority of the Texas Industrialized Housing and Buildings Act, Texas Civil Statures, Article 5221f-1, and Texas Civil Statutes, Article 9100. Page 27 of 54 Motel. A facility offering transient lodging accommodations for rent to the general public for periods of less than thirty (30) days. Rooms are generally directly accessible from an exterior parking area. Customary hotel services and amenities, such as linen and maid service, are included. Motor Vehicle. See "Automobile" Movie Production. An establishment engaged in or facility used for the development, production and creation of a film or video, including graphic design, set construction, sound and film recording, editing, etc. and storage of any equipment required thereof. Multiple Corporate Tenants. More than one independent manufacturer. Does not include multiple brands produced by the same manufacturer or parent company. Multifamily. A structure that contains two (2) or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure is not divided into separate lots. Multi -family includes structures such as townhouses, three-plexes, four- or quad-plexes, apartments and condominiums. Does not constitute nor equal the Multifamily Zoning District or uses allowed therein. Museum. A facility or area devoted to the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value. Native Plant. Any plant species that is indigenous to Central and other regions of Texas. Natural Drainage. A stormwater runoff conveyance system not altered by development. Natural State. Substantially the same conditions of the land which existed prior to its development, including but not limited to, the same type, quality, quantity and distribution of soils, drainage, ground cover, vegetation and topographic features. Nature Preserve. An area of land that is protected and managed in order to preserve a particular type of habitat and its flora and fauna, which are often rare or endangered. Neighborhood Amenity, Activity or Recreation Center. A private facility associated with a specific residential development that provides social gathering areas, recreational facilities, or other types of common space for the exclusive benefit of residents of the development. Nightclub. An establishment open to the general public for the purposes of entertainment, characterized by either dancing or performances by magicians, musicians or comedians or a combination of the two. The term nightclub does not include theaters or auditoriums with fixed row seating or establishments defined in this Code as a "Sexually -Oriented Business" Nonconforming. A use, lot, building, site, sign or other situation which does not conform to one or more of the regulations of this Code. Non -Residential District. A zoning district established by this Code to be used for primarily non-residential uses and purposes. Includes the following Districts: CN, C-1, C-3, OF, BP, IN, PF, and may include MU -DT and AG where non-residential uses apply. Nursing Home. A facility housing and providing care for persons who are aged, chronically ill or incurable who are unable to care for themselves, but who do not need Page 28 of 54 medical, surgical or other specialized treatment normally provided by a hospital. Services typically include custodial or attendant care, meals and but may or may not provide for routine and regular medical and nursing services. Nursing home includes homes for the aged, convalescent and rest homes, but does not include assisted living or senior apartments or hospitals or similar medical facilities. Off -Site Improvement. Any required improvement which lies outside of the area being platted or developed. Off -Street Parking Space. An area reserved exclusively for the parking of motor vehicles that is located outside of the public right-of-way. Office, General. The provision of executive, management, or administrative services; including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices. This term excludes medical offices and the sale or storage of merchandise on the premises. Offices, Professional and Business. A group of uses that include facilities where business offices, administrative services or data management services are provided. Office/ Showroom. An establishment with both a business office and associated showroom for display of sample goods or services to be delivered or performed off -premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services is permitted. Warehousing facilities shall be incidental to the primary use and shall not exceed 50% of the total floor area. This designation does not include contractor's shop or storage yard. Office/ Warehouse. A business office with an associated small scale warehouse located at the rear of the space for the purposes of storing materials needed to supply service off-site. This use can accommodate trades such as plumbers or electricians, as long as there is no processing, manufacturing, fabrication or outside storage of materials on site. Oil Refinery and Distribution. An industrial plant used for the purifying and distribution of crude petroleum. On -Site Wastewater System (OSS). All systems and methods used for the disposal of sewage, other than organized sewage disposal systems. On-site wastewater facilities are usually composed of three units: the generating unit (the residence, institution, etc.), treatment unit, and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapo-transpiration bed). Including a septic tank, seepage tile sewage disposal system or any other on -lot sewage treatment device approved and installed in accordance with all local, state and federal laws and regulations. Also see "Septic System". Open Space. Land within or related to a development, not individually owned or dedicated for public use that is designed and intended for the common use or enjoyment of the residents, patrons or users of the development. Ordinary Maintenance and Repair. Any work, the sole purpose and effect of which is to correct deterioration, decay or damage, including repair of damage caused by fire or other Page 29 of 54 disaster and which does not result in a change in the existing appearance and materials of a property. Orphanage. A public or nonprofit institution that houses children who are orphaned, abandoned, or whose parents are unable to care for them. A school may be an accessory use to an orphanage. Outbuilding Guest Room. See "Dwelling Unit, Accessory" Outdoor Display. The outdoor display of merchandise, goods, or materials actively for sale or samples thereof associated with the primary use of the site on which they are displayed. Outdoor display is subject to the limitations of Section 5.09.030 of this Code. Outdoor Display, Off-site Vehicles. The display of vehicles offered for sale off-site, pursuant to Section 5.09.030 of this Code. Outdoor Pens. An outdoor enclosure, in which animals are housed, restrained or contained for the purposes of monitoring, handling, feeding or exercise. Outdoor Recreational Playing Field. An area used for outdoor sports or recreation, including playing fields, sportcourts, or other similar facilities, and playscapes over 1000 square feet. Outdoor Storage. The outdoor storage of merchandise, goods, or materials that are not actively for sale or display. Outdoor storage is subject to the limitations of Section 5.09.030 of this Code. Outparcel. An individual parcel of land associated with a non-residential group development, such as a retail mall or shopping center, planned for or including a free-standing building. May also be referred to as a pad site. Overnight Accommodations. A group of uses providing facilities used for the renting of rooms or other areas intended for overnight guests. Pad Site. See "Outparcel" Parcel. Any legally described area of land. Parent Tract. Tract or lot as described by deed dated prior to May 10, 1977, or plat, which includes one (1) or more lots that are being subdivided. Park, Community. Parks of 16 to 99 acres, serving several neighborhoods. Park, Neighborhood Public. A park of one to 15 acres, serving one neighborhood or a 1/4 to 1/5 mile radius. Park, Regional Public. A park consisting of 100 or more acres, serving several communities typically within one hour driving time. Park Fund. A special fund established by the City to retain monies paid by developers in accordance with the payment -in -lieu of parkland dedication provisions of this Code and to be used for the purchase of parkland or improvements in the vicinity of the subdivided property for which funds have been collected. Page 30 of 54 Parking Lot, Commercial. An off-street facility for the parking of automobiles on a temporary basis that may be operated as a business enterprise by charging the public a fee and is not reserved or required to accommodate occupants, clients, customers or employees of a particular establishment or premises. Parking Lot, Off -Site. An off-street facility for the parking of automobiles on a temporary basis that serves an adjacent or nearby principal use. Parking Lot, Temporary. A facility intended for the temporary parking of automobiles, for a period of time not to exceed 72 hours. Temporary Parking Lots shall be constructed of a paved surface approved by the Development Engineer. Park -n -Ride Facility. A facility designed for parking automobiles, the occupants of which transfer to public transit, carpools, van -pools or bus -pools to continue their trips. Parkland Dedication. The transfer of property from private to public ownership for public parkland. The transfer may be of fee -simple interest or of a less than fee interest, including an easement. Parks and Open Spaces. A group of uses providing private and public areas intended for the outdoor usage of its patrons, including associated structures, playscapes and other facilities. Parks and Recreation Board. Board appointed by the City Council to advise the City on matters concerning parks and recreation activities. Pasture. An area of grass or other vegetative cover grown for the purpose of grazing animals. Patio. A level surfaced area directly adjacent to a principal building no more than three feet above finished grade and not above the l=ust floor level, without a permanent roof intended for outdoor entertainment. A free-standing patio (not adjacent to the principal structure) is a level surface that may be no more than one foot above the finished grade, without a permanent roof, intended for outdoor entertainment. Paved Surface. An area surfaced with single or multiple -course surface treatment, asphalt, concrete, pervious concrete, or grasscrete pavement constructed on a base course, or similar all-weather surface, not including gravel, grass, stones, or similar unpaved materials. Pawn Shop. A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. Permanent Foundation. Construction at or below the ground, including exterior walls and necessary support columns or piers, designed to support and distribute the load of any building, structure or mobile home for the usable life of that structure. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes and computers. Also known as personal communications network (PCN). Personal Services. An establishment providing frequently or recurrently needed non- medical services of a personal nature to individuals as a primary use. This term includes Page 31 of 54 barber and beauty shops, tanning salons, nail salons, day spas (including incidental massage), weight reduction centers, seamstresses, tailors, shoe repair shops, photography studios, pet grooming (no overnight stay), and services of an informational or instructional nature including driving schools, dance studios and handicraft or hobby instruction. These uses may also include accessory retail sales of products related to the services provided. This term does not include any uses that are otherwise defined in the term "Restricted Personal Services". Personal Services, Restricted. An establishment providing personal services that are generally less desirable adjacent to residential areas including, but not limited to, tattoo parlors, body piercing studios, check cashing facilities, pawnshops and palm and card readers. Personal Wireless Service. Wireless communications technology that provides consumers with the ability to communicate using portable devices not physically interconnected by equipment such as wire or cable. Technologies include, but are not limited to, commercial mobile radio services (CMRS) such as personal communication systems (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (RSMR), and paging services; or any other local, regional, or global service using functionally equivalent technology. Pervious Surface. Any surface that allows water to permeate through such surface. Determination of a pervious surface is made by the Development Engineer. For comparison, see "Impervious Cover" Pest Control Services. An establishment primarily engaged in the off-site eradication, extermination or control of rodents, birds, mosquitoes, termites, ants and other insects and pests (except for crop production and forestry production). Establishments providing fumigation services are included in this definition. Places of Worship. A group of uses providing facilities for religious assembly. Planned Unit Development (PUD). A customizable zoning district, represented through an adopted development plan, per the regulations of this Code, which may provide for one or more main uses or structures on a single parcel or contiguous parcels of land controlled by a single landowner or development group, and which permits flexibility from specific Code provisions related to land uses, dimensional requirements, landscaping, design and other similar regulations in return for assurances of a comprehensive plan for overall innovation and/or quality of development. Planning and Development Department. The City Department designated by the City Council to coordinate and manage the City's land development policies and regulations. Planning and Zoning Commission. The Planning & Zoning Commission of the City of Georgetown, whose duties are assigned by the City Code of Ordinances and Chapter 2 of this Code. Also referred to as the Commission or P&Z. Plant Materials. Living trees, shrubs, vines, ground covers, sod and flowering annuals, biennials and perennials adapted to the Georgetown soils and climate. Plat, Administrative. A plat that is approved administratively by the Director if it meets all approval criteria, as established by this Code and the Texas Local Government Code. Administrative Plats include Amending Plats, Minor Plats and Final Plats. Page 32 of 54 Plat, Amending. A plat that amends a preceding plat for minor changes or corrections, according to the specific criteria established by the Texas Local Government Code. Plat, Final. The final map of all or a portion of a subdivision previously approved by the proper decision-making body. A Final Plat shall be prepared in accordance with the provisions of this Code and those of any other applicable local regulation, with the purpose of being prepared to be placed on record in the office of the County Clerk, Plat, Minor. A plat containing four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities, as provided for in the Texas Local Government Code. Plat, Preliminary. A document prepared in compliance with this Code, that delineates certain features required by State Law and this Code, including, but not limited to, property lines, lot and block dimensions, geometric layout, streets, monuments and other landmarks for the purpose of identifying property. Plat Waiver. An exception to specifically -defined regulations of this Code to address difficulties in developing a property for subdivision. A Plat Waiver does not constitute a Variance, as that term is defined in this Code, and only applies to certain provisions relating to subdividing a lot or parcel. Playscape. Any structure permanently anchored to the ground that is designed for recreational purposes such as jungle gyms, swing sets, etc. Sports courts such as basketball or tennis courts are not considered playscapes. Pool Hall. An establishment where the principal use is the provision of pool or billiard tables for use by the general public. Pool House. A residential accessory structure used for recreation, often designed in conjunction with a private pool, which does not contain a kitchen or living space. Post Office. A facility for processing and sorting mail or bulk mail operated by either the United States Postal Service or a private mail shipping and delivery service. Premises. A site or area including the improvements, buildings or structures occupying it. Primary. The basic, fundamental, or most important use, activity or development of a building or site. Usually, the first activity in order of time or development. The first in rank, importance, or value. For the purposes of this Code, "Primary" is equal to, identical to, and often used interchangeably with "Principal". Primary Entrance and Building Facade. The face or wall of a building that serves as the primary entrance for customers of a business within the building. This building face shall not include service areas, trash collection, loading dock, or other similar functions. The primary face of a building shall receive the highest level of architectural treatment on the building. Pursuant to this definition, a building may have no more than two primary fagades. Primary Structure. See "Structure, Principal" Principal. See "Primary". For the purposes of this Code, "Principal" is equal to, identical to, and often used interchangeably with "Primary". Page 33 of 54 Principal Building. See "Building, Principal" Principal Use. See "Use, Principal" Printing and Publishing. The commercial production, reproduction, printing, binding, cutting or copying of written, printed, drawn or photographed materials including books, magazines, newspapers, posters, photos, signs or drawings on a bulk basis by means of a printing press, lithography, offset printing, blue printing, photographic reproduction techniques or similar methods for either distribution or sale. This use does not include copy shops. Printing, Mailing and Reproduction Services. A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to, photocopying, electrostatic printing, laser printing, blueprint, word processing services, computer generated graphics, computer aided design services and video imaging and reproduction services. Off -set printing, or similar printing processes, shall not be permitted. These facilities may also be referred to as copy shops. Property Line. A legal boundary line that divides one lot from another lot or from a dedicated right-of-way. (Same as "Lot Line") Pub. See "Bar" Public Improvement. Any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, drainage, public or private utilities, parks, energy or similar essential public services and facilities, for which a governmental entity may ultimately assume ownership and the responsibility for operation and maintenance. Rail or Transit Yard. A facility or area for the maintenance, repair or storage of bus, rail or other transit vehicles. Recharge Feature. Geological features, such as springs, bluffs, caves, fractures, crevices, and sinkholes, which tend to have a high degree of connectivity with the Edwards Aquifer. A recharge feature shall be considered significant if it lies within an area subject to inundation from the one hundred (100) year storm event or rapid infiltration to the subsurface may occur. Recharge Zone. See "Edwards Aquifer" Reconstruction. Rehabilitation or replacement of a building or structure which either have been damaged, altered or removed or are proposed to be altered or removed. Recreational Vehicle (RV). A unit designed as temporary living quarters for recreational, camping or travel use that may be self-propelled or towed by an automotive vehicle. Recreational vehicle shall include motor homes, travel trailers, truck campers, camping trailers, converted buses, house boats or other similar units as determined by the Director. A recreational vehicle may or may not include individual toilet and bath. Recreational Vehicle (RV) Park. A parcel upon which two (2) or more recreational vehicles are parked or any parcel upon which space for the parking of recreational vehicles is rented or Page 34 of 54 offered. The term does not include premises on which unoccupied recreational vehicles, whether new or used, are parked for the purposes of inspection, sale, storage or repair. Recreational Vehicle (RV) Sales, Rental or Service. An establishment engaged in the sales or leasing of new or used recreational vehicles. Recycling Collection Center. A facility engaged in the collection, sorting, bundling, temporary storage, and/or transfer of recyclable materials. For purposes of this Code, recyclable materials include glass, paper, plastic, aluminum, clothing or other source - separated, non-putrescible materials and do not include motor oil, chemicals, household appliances, tires, automobiles or automobile parts. This use generally does not include incidental collection boxes or containers located at establishments with an unrelated primary use. Registered landscape Architect. An individual currently registered and licensed by the State to practice landscape architecture. Regulatory Floodway or Floodplain. The channel of a river or other watercourse river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Rehabilitation. The act or process of returning a building or structure to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of an historic resource which are significant to its historical, architectural and cultural value. Religious Assembly Facility. A facility providing regular organized religious worship and religious study. This term includes churches, synagogues, temples, mosques, and other types of religious assembly halls. Accessory uses may include community recreational facilities, classrooms, administrative offices, and similar facilities that are directly associated with and supported by the membership assembly on site. Private primary or secondary educational facilities and day care facilities are subject to the standards of Chapter 5 for such uses. Relocation. The act or process of moving a building or structure from one site to another site, or to a different location on the same site. Removal. As it applies to protected trees means, the uprooting, severing the main trunk of a tree or any activity which causes, or may reasonably be expected to cause a tree to die. Activities such but not limited to, damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete or asphalt within the dripline, or impervious materials in a manner which may reasonably be expected to kill the tree. Renovation. The act or process of returning a building or structure to a state of utility through repair or alteration which makes possible a contemporary use. Research, Testing and Development Lab. An indoor facility where scientific research and development, including biotechnology and nanotechnology, is conducted and analyses Page 35 of 54 performed. These uses are typically characterized by controlled uniformity of conditions (constant temperature, humidity, cleanliness). Reserve Strip. A narrow strip of property usually separating a parcel of land from a roadway or utility line easement, that is characterized by limited depth which will not support development and which is intended to prevent access to the roadway or utility easement from adjacent property and which are prohibited by these regulations unless their control is given to the City. Reservoir. An impoundment of surface water designed to provide water to the public. Residential District. A district established by this Code to be used for primarily residential uses and purposes. Includes the following Districts: RE, RL, RS, TF, TH or MF and may include MU -DT and AG where existing residential uses apply. Residential Sales Office, Temporary. An office, often part of a model home, which is intended to provide sales information regarding a home or a residential subdivision. Residential Structure. A structure used or intended to be used for residential purposes. Residential Use. See "Use, Residential" Residentially Zoned Property. Any lot or parcel located in a Residential District. Resource Extraction. The extraction of surface or sub -surface mineral products or natural resources including solids, such as coal and ores; liquids, such as crude petroleum, and gases, such as natural gases. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations and may include milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as part of the extractive activity. Restaurant, Drive -Through. An establishment engaged in the preparation and retail sale of food and beverages in a ready -to -consume state, through a pass-through window accessed by a vehicle via a drive-through lane. This term also includes drive-in restaurants. For restaurants licensed to serve alcoholic beverages the gross receipts for alcoholic beverages shall not exceed fifty (50%) percent of the total gross receipts. Restaurant, General. An establishment engaged in the preparation and retail sale of food and beverages for on -premise consumption. This term includes facilities typically referred to as diners, cafes, cafeterias, dinner -houses, coffee shops, bakeries and ice cream parlors, but does not include fast food restaurants or drive-through services. For restaurants licensed to serve alcoholic beverages, the gross receipts for alcoholic beverages shall not exceed fifty (50%) of the total gross receipts. Restoration. The act or process of accurately recovering the form and details of a building or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. Retail, General. An establishment engaged in the retail sale of goods and merchandise to the general public for direct consumption, usually in small quantities and not for wholesale, Page 36 of 54 and not including retail facilities otherwise specifically listed in the Use Table in Section 5.04 of this Code. Review Body or Authority. Any entity that is authorized to either recommend approval or denial or be the decision-making authority of an application or permit required under this Code. Riding Academy. A facility used to house equine, which may or may not be owned by the owner of the property, for the purpose of riding lessons or pleasure. Right -of -Way. Land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line, or oil or gas pipe line, water main, sanitary or storm sewer main, or for other special use. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use. Riparian Zone. Generally includes the area of the stream bank and out onto the flood plain that is periodically inundated by the flood waters from the stream. The limit of the zone depends on many factors including native plant community make up, soil moisture levels, and distance from the stream (or the limit of interaction between land and stream processes). It is periodically inundated by the flood waters from the stream. Interaction between the terrestrial zone and the stream is vital for the health of the stream. Roadway. See "Street" Roof. The top covering of a building. For the purposes of this ordinance, a roof shall be defined as having a slope of less than 65 degrees. A roof having a slope of greater than 6 degrees, including mansard roofs, shall be treated as a wall surface for the placement of signs (See for comparison "Wall Surface Area' Rooming House. A residential building other than a hotel or apartment where lodging and possibly meals are provided by pre -arrangement for definite periods for compensation. No cooking facilities are provided in individual living units. Root Collar. An encircling structure of swollen tissue or a marked color change (from the tree bark) located at the highest part of the root system joining the trunk of a tree at or slightly below the soil line. Rural Residential Subdivision. A subdivision that is zoned either AG (Agriculture) or RE (Residential Estate) if within the City Limits, or a subdivision in the extraterritorial jurisdiction (M) that is platted for single-family residential development. School. A facility where persons regularly assemble for the purpose of instruction or education. Accessory uses may include playgrounds, cafeterias, stadiums and other structures or grounds used in conjunction therewith. School, Boarding. Any building or group of buildings with dormitories, dining other accessory uses for the boarding of students, the use of which meets state for primary, secondary or higher education, rooms and requirements Page 37 of 54 School, Business or Trade. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college, university, .or public or private educational facility. School, Charter. A school established by a contract with the State or the board of trustees of an independent school district; licensed by the State and meeting the State requirements for primary, secondary or higher education. School, Elementary. A public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools. School, High. A public, private or parochial school offering instruction at the senior high school level in the branches of learning and study required to be taught in the public schools. School, Middle. A public, private or parochial school offering instruction at the middle (junior) school level in the branches of learning and study required to be taught in the public schools. School, Public. Facilities that are used to provide instruction or education by primary or secondary schools or institutions of higher education that receive public funding. Private schools, day cares and other similar uses, and facilities not used for instructional purposes, such as administrative and service facilities, shall not be included in this definition. Screening. A method of visually obscuring structures or land uses (i.e. parking or outdoor storage) from another with the use of one or combination of fencing, walls, dense vegetation or berms, or other acceptable screening material. Seasonal Product Sales. A facility or site used for the temporary sale of merchandise which is available or needed during certain seasons of the year. Use shall generally require one to three months of operation and be similar to fire wood sales, Christmas tree sales, pumpkin sales, or other types of items for sale that have seasonal characteristics, as determined by the Director. Secondary. For the purposes of this Code, "Secondary" is equal to, identical to, and often used interchangeably with "Accessory". Sedimentation and Filtration Basin. A basin that provides water quality benefits through the sedimentation or filtration of runoff. Self -Storage, Indoor. A building or group of buildings in a controlled access and fenced area containing individual storage compartments of varying sizes that are leased for the storage of business and household goods. There is no conduct of sales, business or any other activity allowed within the individual storage units. May also be referred to as mini -storage or mini -warehouse. Self -Storage, Outdoor. A fenced area with controlled access providing individual storage spaces, not within a fully enclosed structure, that are leased for the storage of motor vehicles, trailers, boats and similar items. There is no conduct of sales, business or any other activity allowed within the individual storage units. Page 38 of 54 Septic System. See "On-site Wastewater System" Setback. A measurable distance, dictated by zoning district, from any property line to an invisible parallel plane, within which certain buildings and structures are prohibited. A setback is separate and distinct from, but is usually included within, a yard, as that term in defined in this Code. Setback, Front. The setback located along, and generally parallel to, the front lot line, extending the full width of a lot. Setback, Rear. The setback located along, and generally parallel to, the rear lot line, extending the full width of a lot. Setback, Side. The setback located along, and generally parallel to, any side lot line, extending the full width of a lot. Sexually Oriented Business. Any building, structure or facility including, but not limited to, an arcade, bar, bookstore, cabaret, overnight accommodation, theater (including movie), bath house, massage parlor, nude modeling studio, video store, love parlor or similar facility used entirely or partially for commercial entertainment, exchange of merchandise or offer of a service of a sexually -explicit nature. These activities are predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sexual activities and include the sales, rental, exhibition, or presentation of a device or other item intended to provide sexual stimulation or sexual gratification to the customer. Shrub. Any self-supporting woody evergreen and/or deciduous species. Sight Triangle. The triangular area formed by an invisible diagonal line at the corner of either two intersecting street right-of-way lines, the edge of street lines, the edge of a driveway or combination of two thereof. The Sight Triangle exists to prevent sight obstruction for motor vehicles, pedestrians, etc. May also be referred to as "Street Visibility Triangle" or Sight Distance Triangle" Sign. Any device that uses letters, numerals, emblems, pictures, outlines, characters, spectacle delineation, announcement, trademark, logo, illustrations, designs, figures, or symbols for advertising purposes. The term "sign" shall also include any use of color such as bands, stripes, patterns, outlines, or delineations displayed for the purpose of commercial identification (corporate colors) that comprises more than twenty percent (20%) of any facade or visible roof face. This term shall also include all flags other than Governmental Flags. Sign Area. The area of a sign inclusive of the sign face, sign base, and sign cabinet. Sign Base. The structure supporting a sign. The sign base is a part of the sign, unless otherwise specified in Chapter 10 of this Code. Sign Cabinet. The sign cabinet is the structure or border used to differentiate a sign face from the structure on or against which a sign face is placed. Sign, Changeable Copy. A sign designed to allow the manipulation of messages through manual or mechanical means. Sign, Canopy. Any type of sign attached to in any manner or made a part of a canopy. Page 39 of 54 Sign, External Illumination. A sign utilizing an artificial or reflective light source mounted or operated from the outside of the frame of the sign, for the purpose of lighting the sign. Sign Face. The area of a sign where the name of the business or facility is advertised and the background on which it is placed. Does not include the sign cabinet or frame. Sign, Identification. An incidental sign of identification or of informational nature bearing no advertising, unless otherwise specified in Chapter 10 of this Code. Sign, Illuminated. A sign utilizing an artificial or a reflective light source. Sign, Incidental. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," an address, and other similar directives. Sign, Internal Illumination. A sign utilizing an artificial or a reflective light source mounted or operated from the inside of the frame of the sign, for the purpose of lighting the sign. Sign, Low Profile Pole. A sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground. Sign, Marquee. Any sign attached to, in any manner, or made a part of a marquee. Sign, Monument. A sign which is attached directly to the ground or is supported by a sign structure that is placed on or anchored in the ground and is independent from any building or other structure. Sign, Multiple Corporate Tenant. A sign for more than one independent manufacturer, but does not include multiple brands produced by the same manufacturer. Sign, Off -Premise or Off -Site. Any sign advertising a business activity or use that is not conducted on the property on which the sign appears. Sign, Pole. A sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground. Sign, Portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T frames; sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day to day operations of the business. Sign, Projecting. Any sign affixed to a wall of a building in a non parallel manner. Sign, Suspended. Any type of sign that is suspended from the underside of a predominantly horizontal plane surface, such as a porch or canopy, and is supported by such surface. Sign, Temporary. Any sign that is not intended to be permanent. Sign, Wall. A sign which is fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign. Wall signs shall not project more than eight (8) inches from the building Page 40 of 54 or structure, may have only one (1) sign face, and must be parallel to the wall on which it is attached. Sign, Window. Any sign that is placed inside a window or upon the window or upon the window panes or glass and is intended to be visible from the exterior of the window. Merchandise displays shall not be considered window signs. Single -Family. The use of a single lot or parcel for one principal dwelling unit in a single building, other than a mobile home. Does not constitute nor equal the RS, Residential Single - Family Zoning District. Single -Family, Attached. A single-family dwelling unit, located on its own lot that shares one or more common or abutting walls with one other dwelling unit. Single4amily, Detached. A single-family dwelling unit, located on its own lot that is not attached to any other dwelling unit. Single -Family, Zero Lot Line. A single-family detached dwelling unit, located on its own lot, that is set on or relatively close to one interior side lot line to create additional side yard area on the opposite side of the unit. Zero Lot Line units must maintain the required separation from units on adjacent properties. Sinkhole. A depression formed in soluble rock by the action of subterranean or surface water which is a point of recharge. Site. A parcel of land for which a permit or development approval is issued or considered pursuant to this Code. Site Plan. A detailed site layout plan containing sufficient information to evaluate the land use, construction plans, and architectural harmony of the proposed development including compatibility of the development with nearby areas. A Site Plan shall follow the requirements and approval procedures of Section 3.09 of this Code and the Development Manual. Site Plan, Conceptual. A concept site layout plan containing general information about a site for review of related documents, in order to provide an overview of a development plan. Is typically not binding unless adopted as an exhibit or otherwise specified. Slope. The vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage. Small Engine Repair. A business that repairs, adjusts, tunes, or modifies gasoline engines of a small horsepower commonly used to power grass trimmers, riding or push lawn mowers, chain saws, and similar service equipment. This repair service may also conduct work on electric motors commonly used in power tools, lawn maintenance equipment, and small household appliances. This term does not include work all -terrain vehicles (ATV), jet skis, or similar vehicles, and does not include storage or repair work conducted outside of a building. Social Service Facility. A multi -functional facility that provides assistance, advocacy, case management, guidance, counseling, or similar services on a daytime care basis to persons requiring rehabilitation assistance or those with limited ability for self-care, but for whom medical care is not a major element. The term includes a facility that provides assistance Page 41 of 54 concerning psychological problems, employment, learning or physical disabilities, and child support issues, but does not include a rescue mission, homeless shelter or day care. Special Exception. An exception to certain provisions of this Code, granted by the Zoning Board of Adjustment (ZBA), for specifically defined situations and standards, pursuant to Section 3.15. Such exception does not constitute a Variance or Waiver, as those terms are defined in this Code. Special Use Permit (SUP). A permit that allows a use not automatically permitted by right to be located within a zoning district, upon approval by the City Council. A Special Use Permit may be subject to specific provisions contained in this Code and/or other conditions imposed by the City Council as a condition of approval. Spring. A point or zone of natural groundwater discharge having measurable flow and/or a Poole Stadium. A structure or facility designed, intended or used primarily for athletic events or other performances and containing seating for spectators of those events, but not including a racetrack. The sale of beverages, snack foods, and sundries geared to on -premises consumption or usage by spectators shall be permitted. State. The State of Texas. Stone, Mulch or Dirt Sales Yard. A typically outdoor facility that stores and conducts retail sales of dirt, mulch, stone or other material commonly sold to an individual or contractor. Storage Yard. A facility used almost exclusively for outdoor storage of equipment and materials. Outdoor storage of material in a Storage Yard may exceed 20% of the total site area. Stormsewer. An approved means of conveyance that carries storm, surface, and ground water drainage but excludes sewage and residential, commercial and industrial wastes. Stormwater Management, Nonstructural. Any natural or planted vegetation or other nonstructural components of the stormwater management plan that included no excavation and provides or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and green space, overland flow filtration areas, natural depression, and vegetated channels. Stormwater Runoff. Surplus surface water generated by rainfall that does not seep into the earth but flows into storm drains or overland to flowing or stagnant bodies of water. Story. See "Building Floor or Story" Streamer. Any light weight plastic, fabric, or other material, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Street. An improved surface used for the transport of automobiles and other motor vehicles from one location to another. Street, Arterial. A street designed to carry large volumes of traffic into or out of the city which provide for efficient vehicular movement between distant locations. Separated in this Page 42 of 54 Code by Minor and Major classifications, the specific characteristics and average daily trip ranges of which can be found in Section 12.03 of this Code. Street Banner. See "Banner, Street" Street Centerline. A line bisecting a street that is parallel to the edge of pavement. Street, Collector. A street that connects and distributes traffic between Arterial Streets and Local Streets. A collector street can serve both residential and commercial development, depending on the type of collector and average daily traffic volume. Separated in this Code by Residential and Major classifications, the specific characteristics and average daily trip ranges of which can be found in Section 12.03 of this Code. See also "Street", "Residential Collector" and "Street, Major Collector" Street Cul -de -Sac. A street having one end open to vehicular traffic and having one end terminated by an approved turnabout. Street, Freeway. A controlled -access street or highway that is intended to move high traffic volumes over long distances and serve as primary routes throughout the region. Includes the term "highway". Street Frontage. The distance for which a lot line of a lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. Street, Half. Streets with half the width of the required right-of-way on the bounding edge of a tract being subdivided. Street, Local. A street that provides access to residential and commercial properties with short trip lengths, low speeds and typically serves local traffic only. Local Streets may also encompass streets classified by this Code as an Alley, Residential Lane, or Residential Local Street, the specific characteristics and average daily trip ranges of which can be found in Section 12.03 of this Code. Street, Major, An Arterial -level or higher roadway, as classified in the Overall Transportation Plan. Major Streets provide a high degree of mobility with high traffic volumes, serving as primary routes within Georgetown and on a regional basis. Street, Major Collector. A street that connects and distributes traffic between Arterial Streets, other Collector streets, or local streets, but primarily serving commercial development. The specific characteristics and average daily trip ranges of Major Collectors can be found in Section 12.03 of this Code. Street, Major Arterial. See "Street, Arterial" Street, Minor Arterial. See "Street, Arterial" Street, Private. An improved roadway for which no public entity has jurisdiction or maintenance responsibilities. A private street may be used as the principal means of access to a lot if such lot meets the minimum required lot frontage on a public roadway, as specified in this Code. Page 43 of 54 Street, Public. An improved roadway, constructed within the boundaries of an officially deeded and accepted public right-of-way, which affords principal means of access to abutting property and maintained by a public entity. Street, Residential Collector. A residential street that connects and distributes residential traffic between Local Streets and Major Collectors and Arterials. May directly serve residential development, with limited spacing between access points. The specific characteristics and average daily trip ranges of Residential Collectors can be found in Section 12.03 of this Code. Street, Residential Lane. A local street serving a very limited amount of residential dwelling units, the specific characteristics and average daily trip ranges of which can be found in Section 12.03. An alley is required to be included with a residential lane to provide access to the lot. Street, Residential or Residential Local. A street that serves a limited number of residential dwelling units and is expected to carry less than 800 vehicles per day. Alleys are permitted in conjunction with Residential Streets. On -street parking is provided on both sides within the standard pavement width of the street. Street Right -Of -Way. See "Right -of -Way" Street, Rural Residential. A street serving Rural Residential Subdivisions that may include roadside ditches in lieu of curb and gutter and other generally rural roadway features. Rural streets include residential and collector classifications, as specified in Section 13.04. Street, Stub. A non -permanent, dead-end street intended to be extended in conjunction with the subdivision and development of adjacent land. Street Tree. The placement of large canopy trees in a linear or staggered layout to create a visual corridor along or within a public right-of-way or private drive. Street Yard. See "Yard, Street" Structural Integrity. Ability of a structure to maintain stability against natural forces experienced by said structure. Structure. Anything constructed or erected on the ground or attached to something located on the ground. Examples of structures include, but are not limited to, buildings, telecommunications towers, sheds, parking lots that are the primary use of a parcel and permanent signs. Sidewalks and paved surfaces shall not be considered structures unless located within a public easement. Structure, Accessory. A structure that is subordinate to, incidental to, and is detached from, a principal building or a principal use of a lot. Also may be referred to as "Secondary Structure". Structure, High Priority (Historic). Any structure designated a high priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the list. Page 44 of 54 Structure, Principal. A structure in which the primary use of the lot is conducted. For example, for single-family residential lots, the house is the principal structure. Also may be referred to as "Primary Structure". Student Housing. One (1) or more buildings occupied or designed to be occupied by students or residents of a boarding school, college, university or similar institution, that provide(s) sleeping accommodations and common gathering rooms accessed through a common entrance, and may include group cooking and dining facilities designed to service the entire residency of the dorm or dormitory complex. May also be referred to as a dormitory or residence hall. Subdivider. Any person, firm, partnership, corporation or other entity, acting as a unit subdividing or proposing to subdivide land as herein defined. Subdivision. The division of a tract of land where the resulting lots or parcels differ from the existing configuration for the purpose of transfer of ownership, dedication of streets, alleys, or easements, or development, as that term is defined in this Code. For example, the division of one (1) lot into two (2) or more lots or the division of more than two (2) lots into a lesser number of lots. Subdivision includes "Re -subdivision". Subdivision Improvement Utility Agreement. A written agreement between the property owner and the City concerning the construction of improvements and cost participation to comply with the requirements of this Code. Substance Abuse Treatment Facility. A facility providing 24-hour supervision, counseling and treatment for persons not needing regular medical attention, but requiring rehabilitation services for alcohol or chemical dependency or similar disorders, including those ordered as a condition of probation. Substantial Alteration. Any exterior change or modification in the architectural appearance and design or supporting members of a building, such as bearing walls or partitions, columns, beams or girders; or a complete rebuilding of the roof or the exterior walls, unless such modification qualifies as 'ordinary maintenance and repair` as that term is defined in this Code. Substantial Improvement. Defined as one (1) of the following: Means any construction of public improvements amounting to at least 50 percent of the total cost of public improvements required under the provisions of this ordinance, including engineering fees; or Means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Page 45 of 54 Tattoo Parlor. An establishment primarily engaged in the placing of designs, letters, figures, symbols or other marks upon or under the skin of any person using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Tavern. See "Bar" Taxidermist. An establishment engaged in the art of preparing, stuffing, mounting or processing the skins, feathers or horns of animals. Telecommunications. The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. Temporary Event. An "Event" as that term is defined in Section 12.24.010 of the Georgetown Code of Ordinances, or a public gathering held on public or private property (for example, gem and mineral shows, quilt shows, etc.) Temporary Use. See "Use, Temporary" Theater, Live. An indoor facility that provides fixed seating for customers to view dramatic, musical or live performances, including accessory snack and/or food and beverage services. Theater, Movie. An indoor facility that provides fixed seating for customers to view motion pictures, including accessory snack and/or food and beverage services. Thoroughfare. Any roadway classified on the Overall Transportation Plan as a Collector, Arterial, or Highway which functions as generally high-volume corridors throughout the city and the surrounding areas. Topographic Map. A map showing all principal physical features of an area, including elevations. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term shall include, but will not be limited to radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers and alternative tower structures. Tower or Antenna, Commercial. A telecommunications structure or facility operated for financial gain by a person, corporation, or business. Tower, Amateur Radio or Non -Commercial. A freestanding or building -mounted structure, including any base, tower or pole, antenna, and appurtenances for the private use and enjoyment of an individual holding a valid amateur radio (HAM) license issued by the Federal Communications Communication and not used for any commercial or industrial use. This shall also include a structure or facility operated by a utility company or governmental entity for its own use (such as an electricity or natural gas provider, water District, or other company which is licensed or regulated by the state, or the federal government). Towing Service and Impound Lot. A facility in which tow trucks are utilized in the hauling of motorized vehicles and for the temporary storage or impoundment of primarily operable or Wo • repairable motor vehicles that have been towed, repossessed, or otherwise in the care and custody of the operator of the lot, but not disassembled or junked. Townhouse. Three or more dwelling units having common walls with or abutting one or more adjoining dwelling units in a townhouse group. Townhouse Lot. A lot being a portion of a townhouse development that is intended for separate ownership, whether officially divided as a legal lot or maintained under ownership with the other townhouse lots in the structure. A townhouse lot consists of the townhouse and associated required private open space. Townhouse lots are only applicable when three (3) or more townhouses are grouped in a single structure and cannot stand alone as a single lot. Traffic Impact Analysis (TIA). An analysis of the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system. Trailer. A non -motorized apparatus intended to be towed by an automobile that is used for the carrying of materials, goods, livestock or other objects and licensed by the State for use on public roadways. For the purposes of this Code a Trailer does not equal a Recreational Vehicle. Transient Service Facility. A facility where the principal function involves providing on-site food, clothing, shelter or other related services primarily intended for those needing transient temporary assistance. The term includes homeless shelters, emergency lodging, charity dining facilities (soup kitchens), rescue missions, day labor hiring centers and similar facilities and shall include the principal assistance or service facility and all appurtenant or related establishments intended for use by the patrons of the principal facility. Transit Passenger Terminal. A facility for the loading and discharging of train or bus passengers and the transient parking of personal or transit vehicles. Transport Service, Private. A privately owned transportation service engaged in the transport of people and includes services such as taxi, limo and ambulance services. Transport Service Dispatch Facility, Private. A location engaged in only the dispatching of private transport service vehicles with no on-site storage, maintenance, or temporary parking of the transport vehicles. Transportation and Utility Use. See `'Use, Transportation and Utility" Tree. Any self-supporting woody plant species which normally grows to an overall minimum height of fifteen (15) feet. Tree Canopy. The upper vegetative cover of a tree or tree grouping. Tree Preservation. The following definitions relate to Tree Preservation standards / requirements: Certified Arborist. An arborist certified by the International Society of Arboriculture (ISA). City of Georgetown Urban Forester. The Administrative Official identified in Section 2.02.0505 of the UDC. Page 47 of 54 Critical Root Zone (CRZ). A region measured outward from the trunk of the tree representing the essential area of the roots that must be conserved or preserved for the tree's livelihood. The CRZ is measured as one foot of radial distance outward from the trunk for every inch of the tree caliper. Diameter Breast Height (DBH). The diameter of a tree measured at 4.5 feet (1.3 meters) above ground, measured as follows. 1. Trunk on an angle or on a slope: The trunk is measured at right angles to the trunk four and a half (4.5) feet along the center of the trunk axis, so the height is the average of the shortest and the longest sides of the trunk. 2. Trunk branching lower than four and a half (4.5) feet from the ground: The trunk is measured at the smallest circumference below the lowest branch; or by adding the sum of the cross-sectional areas of the two stems measured about 12 inches above the crotch, and averaging the sum of these two branch areas and the smallest cross-sectional area below the branches. 3. Multi -stemmed tree (a multi -stemmed tree is one that has a visible connection between more trunks above ground): The trunk is measured by measuring all the trunks and adding the total diameter of the largest trunk to one-half (1/2) the diameter of each additional trunk. Damage. Excavation or disturbance within the CRZ such as by cutting roots, grading, pouring impervious material such as concrete or asphalt, installing utilities or installing irrigation that is not related to irrigating that specific Heritage Tree; chemical poisoning, utilizing the area within the tree protection fence for storage of equipment or vehicular traffic and other actives; removing bark greater than 3", breaking or splitting of the main trunk; or any act compromising the health or structural integrity of the tree. Diseased Tree. A tree with a condition that impairs the performance of one or more vital functions; usually associated with infectious conditions. Heritage Tree. Any of the following trees that has a 26 -inch diameter when measured at 4.5 feet above grade: Live Oak, Post Oak, Shumard Oak, Bur Oak, Chinquapin Oak, Monterey Oak, Bald Cypress, American Elm, Cedar Elm, Pecan, Walnut, Texas Ash or Southern Magnolia. 1. Any tree or stand of trees designated by Resolution of the City Council to be of historical value or of significant community benefit. 2. The term "Heritage Trees" does not include Hackberry, Chinaberry, Ashe Juniper (Cedar), Chinese Tallow or Mesquite. Protected Trees. For purposes of this Code, a "protected" tree is any tree measuring twelve inches (12") DBH or larger. The following species of trees are excluded from protected tree status: Chinaberry, Hackberry, Cedar, and Bois d'Arc. Prune. Cutting away unwanted or damaged parts of a tree. Page 48 of 54 Significant Stand. A clustering of four (4) or more trees, excluding those tree species listed above "Protected Trees", that have a combined caliper measurement of thirty-six inches (36") or greater and trunks spaced at no greater than four (4) to six (6) foot intervals. Tree Removal. Uprooting, or severing the main trunk of a tree, or any act which causes or may reasonably be expected to cause the tree to die, including, without limitation, damage inflicted on the root system by machinery, storage of materials or soil compactions substantially changing the natural grade above the root system or around the trunk; excessive pruning or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the trees or damage if determined by the Urban Forester to be likely to result in the death of the tree. Tree Survey. A plan drawing prepared by a licensed surveyor, licensed architect or an ISA Certified Arborist, that shows the size, location, species and CRZ of all trees required to be shown on a Tree Survey by the UDC. Limits of Surveys. If there is an area which is known at the time of the survey to be on the project site or easement but outside the buildable area, a limit of construction line may be established. Trees beyond this line need not be surveyed provided that the limits of construction are fenced throughout all phases of construction. Aerial Photography. 1. An aerial photography interpretation may be used for preliminary analyses on large scale projects such as subdivisions, utility corridors, and golf courses. 2. The aerial photography must be flown at an appropriate time of the year such that all significant tree types are visible. This would typically be from April through November for deciduous trees. Some hill country sites dominated by Live Oaks and Junipers may be flown during the winter months. 3. Interpretation done without computer enhancement must be flown at a minimum scale of approximately one (1) inch = 400 feet. 4. To provide maximum location accuracy, interpretations must be done from stereo nine by nine (9x9) photographs. An acceptable alternative to stereo photography is the use of mono photographs which have been rectified and flown with clearly marked ground points. 5. Another alternative is computer generated imagery from single photos flown at a minimum scale of approximately one (1) inch = 200 feet. This imagery must be rectified and digitized using known ground control points. Other alternatives will be considered which give equal or greater accuracy potential. Truck Terminal. A facility where commercial trucks, including tractors and trailer units, are housed, stored, maintained or repaired. Accessory uses may include offices, fueling, or washing and the temporary storage of loads prior to shipment. Two4amily. The use of a single lot or parcel for two (2) dwelling units contained within a single building, other than a mobile home. University. See "College" Upper -Story Residential. Dwelling units located on the second or higher floor in a building with predominately Non -Residential uses on the ground floor. Urgent Care Facility. A medical facility where ambulatory patients can be treated on a walk-in basis, without an appointment, and receive immediate non -emergent care. Use. The purpose or activity for which land, or any structure thereon, is designed, arranged, or intended, or for which it is occupied or maintained. Use, Accessory. A use that is subordinate and incidental to the primary use. Use, Agricultural. A Use Category encompassing uses that create and preserve areas intended primarily for the raising of animals and crops, and the secondary industries associated with agricultural production. Use, Civic. A Use Category encompassing uses that provides community services to or for the general public. Civic uses are typically found in non-residential zoning districts but may be allowed in residential districts, often with limitations or special use permits. These uses are generally public or non-profit but also include for-profit entities that provide a service to the general public. Civic uses include, but are not limited to, facilities for education, day care, government, social services, institutions, places of worship, and parks and open spaces. Use, Commercial. A Use Category encompassing uses that include businesses that facilitate the buying and selling of manufactured goods or provide consumer and professional sales and services. These uses may include, but are not limited to, overnight accommodations, establishments for food and beverage preparation and consumption, entertainment or recreation -oriented activities, out-patient or home -care health and medical services, and professional and business offices. A commercial use also encompasses retail sales and service uses for personal improvement, self -storage, heavy commercial and wholesale sales and services, and automobile sales, repair and service. Use, Industrial. A Use Category encompassing uses that range from light manufacturing and assembly, equipment servicing, storage/ freight management to waste related services. Public traffic and onsite sales are very limited. Industrial uses and facilities are typically incompatible near residential districts. Use, Primary. The use which is conducted as the primary activity upon the lot on which it is located. Also may be referred to as "Principal Use". Use, Residential. A Use Category encompassing uses that are intended for residential dwellings and related accessory uses. These uses include single-family and multifamily residential structures and also accommodate groups of people that may exceed the definition of household. Use, Secondary. See "Use, Accessory" Page 50 of 54 Use, Temporary. A use established for a fixed, usually short-term, period of time with the intent to discontinue the use upon the expiration of the time. Temporary uses have characteristics that require certain restrictions in order to insure compatibility with other uses in the zoning district in which they are proposed. Use, Transportation and Utility. A Use Category encompassing uses that are intended for public or private utilities, transportation, parking and large-scale communication transmission facilities. These uses may serve small or large-scale areas with various intensity and nuisance. Transportation uses include, but are not limited to, terminals, storage and dispatch facilities for public and private transportation. Utility uses typically contain light traffic and minimal personnel although some larger uses, which serve the general community, may not be compatible in residential areas. Utility Service, Intermediate. Publicly or privately owned facilities or systems including elevated water storage tanks, lift stations, telephone switching facilities (over 100 square feet gross floor area), electric substations, or other similarly required facilities in connection with telephone, electric, steam, water, sewer, or other similar utilities; and towers erected by a public authority for public safety or emergency services communication purposes. Utility Service, Major. Publicly or privately owned facilities or systems including generation, production, or treatment facilities such as power plants, water treatment plants, wastewater treatment plants (including package treatment plants), or similar utilities; and, radio and television transmission towers. Utility Services, Minor. Publicly or privately owned facilities or systems that are necessary to support principal development. Minor utilities include transmission lines (whether, subterranean or overhead) including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields, cable television and telephone transmission lines; or similar utility lines, pumping stations; lift stations; and telephone switching facilities (up to 100 square feet gross floor area). Vacation. The termination of a) an interest in an easement, right-of-way, or public dedication of land; or b) a legally recorded subdivision plat or portion thereof. Variance. A grant of relief to a person from the Zoning requirements of this Code when specific application thereof would result in unnecessary hardship, as determined by the Zoning Board of Adjustment. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. Does not constitute nor equal a Waiver of any kind. Vehicle. See "Automobile" Vehicle Storage. Long-term storage (over 72 hours) of operable or inoperable vehicles. Typically includes storage of tow-aways or impound yards, but this term excludes dismantling or salvage. Verification Letter, Legal Lot. A letter confirming whether or not a tract of land is a Legal Lot, as that term is defined in this Code. Verification Letter, Zoning. A letter that indicates that a specified use is permitted within a particular zoning district, or confirming the established zoning district on a particular property. Page 51 of 54 A Zoning Verification Letter does not authorize the property owner to proceed with a development; the letter does not specify requirements that must be met for future development; nor does the letter include a determination that a tract of land may be developed. Veterinarian Clinic. A facility, operated under the supervision of a licensed veterinarian, where domestic animals and pets are admitted for examination, observation, diagnosis and medical treatment. This term includes those facilities with and without outdoor pens as permitted in the Use Table in Chapter 5 of this Code. Vines. Any of a group of woody or herbaceous plants which may cling by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants. Vineyard. An agricultural establishment that cultivates and processes grapes or other berries on premises for the purpose of producing wine or similar spirits containing not more than twenty four percent (24%) alcohol by volume. Processing includes crushing, fermenting, blending, bottling, aging, labeling, packaging, storing and/or warehousing. A winery may include wholesale sales of the wine product, administrative offices for the wine operations, tasting rooms, retail sales of wine and wine paraphernalia, meeting or banquet facilities, and incidental food sales. Waiver. See "Plat Waiver" Wall Surface Area. The total vertical wall area, including windows, of a building when seen in an elevation view of the building. Roofs, including mansard roofs, having a slope of greater than 65 degrees shall be considered part of a wall surface for the purposes of this ordinance. (See for comparison "roof") Warehousing and Distribution, General. An establishment engaged in the open-air storage, distribution or movement of materials, equipment or goods for themselves or other firms. Typical uses include household moving and general freight storage where the goods are stored in containers and grain terminals. This definition does not include truck terminals or rail yards, as herein defined. Warehousing and Distribution, Limited. An establishment engaged in the storage, distribution or movement of materials, equipment or goods within an enclosed structure for themselves or other firms. Typical uses include separate warehouses used by retail stores such as furniture and appliance stores, household moving and general freight storage where the goods are stored in a building, cold storage plants or frozen food lockers, major wholesale distribution centers, truck or air freight terminals, or parcel services. Wastewater (Sewage) Treatment Plant. A facility designed for the collection, removal, treatment, and disposal of waterborne wastewater or sewage that serves in excess of two dwelling units and is operated by a publicly regulated organization or board. Waste Related Uses. Uses that receive solid or liquid wastes from others for transfer to another location, collect sanitary wastes, or manufacture or produce goods or energy from the composting of organic material. Typical uses include solid or liquid waste transfer facilities, composting facilities, animal waste processing, and recycling facilities. Page 52 of 54 Watershed. The area from which stormwater drains into a stormsewer, basin, river or creek. Wetland. Land that is transitional between terrestrial and aquatic systems where the water Table is usually at or near the surface or the land is covered by shallow water. Wholesale Showroom. An establishment engaged in selling merchandise primarily to retailers, contractors, industrial, commercial or institutional professional business users, or to other wholesalers, or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include agents, merchandise or commodity brokers, commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. The facility may also include storage, processing, packaging, and shipping facilities for mail order and electronic -commerce retail establishments. Wholesale clubs and similar membership warehouses, where membership is easily available to the consuming public, and similar businesses shall not be deemed wholesale showroom but rather shall be considered a retail sales operation. Wireless Communication Service Provider (Service Providers). Any company, corporation, alliance, individual or other legal entity that provides a wireless communication service directly to the public for a fee or to such classes of users as to be effectively available directly to the public regardless of the facilities used. Services include, but not limited to, portable phones, car phones, pagers, digital data transmission, or radio or television communication. Wireless Transmission Facility (WTF). An unstaffed facility for the transmission and reception of radio, microwave or electromagnetic signals used for commercial communication by a wireless communication service provider. WTFs are composed of one or more of the following components: antenna, equipment enclosure, security barrier, and/or communication tower. Wrecking or Salvage Yard. An establishment where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including wrecked automobiles, house wrecking and structural steel materials and equipment, and vehicles or appliances which are inoperable, but not including the interior purchase, sale or storage of used furniture and household equipment. Typical uses include automotive wrecking yards, junk yards or paper salvage yards. Yard. The area that lies between an established building line and its parallel or semi -parallel lot line. A yard is separate and distinct from, but usually inclusive of, a required setback. Yard, Front. The area that lies between the established front building line of the principal building and the front lot line. Yard, Rear. The area that lies between the established rear building line of the principal building and the rear lot line. Yard, Side. The area that lies between the established side building line of the principal building and the side lot line. Page 53 of 54 Yard, Street. The area of a lot that lies between any adjoining street right-of-way and any existing or proposed building, the portion of which is closest to the right-of-way line. Street Yard boundaries extend from the building the length of the lot, generally parallel to the right- of-way line of the street. Zero Lot Line. See "Single Family, Zero Lot Line" Zoning Board of Adjustment (ZBA). The board that has been created by the City Council to hear and determine Appeals of Administrative Decisions and Exceptions, Special Exceptions, Variances, and any other powers granted thereto by the State, City Charter or this Code. May be referred to as the "Board" or "ZBA" throughout this Code. Zoning Map. The official zoning map of the City. Zoo. A facility, park or institution, in which live wild animals are kept, studied, bred and exhibited to the public. Zoo, Petting. A collection of domestic farm animals, such as goats, ducks, and sheep, and sometimes docile wild animals such as turtles or deer, for children to feed and pet. May also be referred to as a children's zoo. Many general zoos also contain a petting zoo. Page 54 of 54 Exhibit N Code of Ordinance Amendments CHAPTER 2.48 CITY PLANNING AND ZONING COMMISSION Sec. 2.48.010. Created--Membership--Qualifications. A. There is created and established for the City a Planning and Zoning Commission, which is composed of seven members. All of the seven members shall be citizens of the City of Georgetown who must be registered voters in the City and must have resided within the City for one year next preceding their appointment. B. The City Council shall also appoint three persons who would be qualified to serve on the Commission as Commissioners -in -Training. Commissioners -in -Training shall not serve as alternates or as proxies for any Commissioner, but Commissioners -in -Training shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon the creation of a vacancy on the Commission. Sec. 2.48.020. Membership --Appointment. A. The Mayor and Council are responsible for appointing a Commission which is broadly representative as a whole. Members shall be drawn, for example, from different residential areas, different racial and ethnic groups, different occupations and professions, and different interest groups. B. Members may, when the City Council finds it to be appropriate, be selected from amongst the Commissioners -in -Training whenever possible and based on seniority. Members shall be recommended by the Mayor and appointed by a vote of a majority of the Council in open meeting unless otherwise provided by law. Should the Mayor fail to recommend and/or the Council fail to appoint the member(s) recommended by the Mayor, a majority of the Council plus one may make the appointment(s) without a recommendation of the Mayor. Sec. 2.48.030. Terms. The term of office for members shall be two years. All vacancies shall be filled for the unexpired term in the same manner as provided for in the original appointments. Members of the Commission may be removed by the Mayor, with the consent of the City Council, for cause stated in writing and after public hearing. Sec. 2.48.040. Responsible to Council. The Commission is responsible to and shall act as an advisory body to the Council and shall perform such duties and exercise such additional powers as may be described by Page 1 of 3 ordinances of the Council and the Local Government Code not inconsistent with the provisions of the Charter. Sec. 2.48.050. Organization. The City Council shall select a Chair of the Commission. The Commission shall select a vice -chair and such other officials as it deems necessary. The Commission has the power to make rules, regulations and bylaws for its own government to the extent provided for in Chapters 211 and 212 of the Local Government Code. These rules and regulations shall comform as nearly as possible with those governing the City Council and shall be subject to approval by the City Council. Such bylaws include, among other items, provisions for: A. Regular and special meetings, open to the public; B. Records of its proceedings, to be open for inspection of the public; C. Reporting to the governing body and the public from time to time and annually; and D. The holding of public hearings on its recommendation. Sec. 2.48.060. Powers and duties. The commission has the power and it shall be its duty: A. To make appropriate surveys, investigations, reports and recommendations relating to community planning and development to the City Council; B. 'To make plans and maps of the whole or any part or portion of the City and of land outside the City located within five miles of the City limits and any other land outside the City, which, in the opinion of the commission, bears a relation to the planning of the City and to make changes in, additions to and extensions of such plans or maps when it deems the same advisable; C. To act with and assist all other municipal and governmental agencies, and particularly the City Council, in formulating and executing proper plans for municipal development and growth; D. To recommend to the City Council the passage of such ordinances as it may deem necessary to carry out its program; E. To .r,aL� recommend to the City Council the adoption. of a comprehensive community plan for the guidance and control of the future development of the community; F. To make studies and recommend to the City Council plans for clearing the City of slums and blighted areas; G. To aid and assist the City Council in the annual preparation of a long range capital improvement budget, and determination of sources of funds therefore; H. To perform such other duties as may be prescribed by ordinance or State law; I. To function as the City zoning commission and exercise all of those powers and duties permitted by Chapters 211 and 2.1.2 of the Local Government Code, the City Charter and City ordinances, as each may be amended from time to time. CHAPTER 12.44. OBSTRUCTION OF VIEW IN PUBLIC WAYS Sec. 12.44.010. Restricted areas. fie areas in the City hereinafter referred to as the "sight triangle" are restricted at all intersections as follows: On local streets the sight triangle shall be based on the back of the curb or edge of pavenjent where no curbs are in existence On all other streets the sig ht triangle shall. be based on the right-of-way. The sides of the sight triangle shall extend for ZS feet along the rWht-cif-rwavlcurb frc)m the nroiected intersection cif said right-of-wav/curb. W"here the right -of - the corner curve shall be projected to determine the origination of the sides of the sight triangle Sec. 12.44.020. Prohibited structures. No person shall erect or maintain within any such restricted area any wall, fence or other structure, excepting utility poles to a height greater than three (3) feet ' �-rZz rp4he—line. as measured from the crowns of the adjacent streets. Sec. 12.44.030. Plant or hedge height limits. No person shall plant, grow or maintain in any such restricted area any plant, hedge, shrub or other growth (save and except trees as provided for in this chapter) at a height greater than foal- feet fr- .=r _—� rmyns of the adjacent streets. Sec. 12.44.040. Tree limb height. Any trees planted, grown and maintained in any such restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than eight feet #rEtm. �^ �^ ow line. as rneasured from the crowns of the adjacent streets. FMM 0 • - : . ' ra • ... . 44son fie areas in the City hereinafter referred to as the "sight triangle" are restricted at all intersections as follows: On local streets the sight triangle shall be based on the back of the curb or edge of pavenjent where no curbs are in existence On all other streets the sig ht triangle shall. be based on the right-of-way. The sides of the sight triangle shall extend for ZS feet along the rWht-cif-rwavlcurb frc)m the nroiected intersection cif said right-of-wav/curb. W"here the right -of - the corner curve shall be projected to determine the origination of the sides of the sight triangle Sec. 12.44.020. Prohibited structures. No person shall erect or maintain within any such restricted area any wall, fence or other structure, excepting utility poles to a height greater than three (3) feet ' �-rZz rp4he—line. as measured from the crowns of the adjacent streets. Sec. 12.44.030. Plant or hedge height limits. No person shall plant, grow or maintain in any such restricted area any plant, hedge, shrub or other growth (save and except trees as provided for in this chapter) at a height greater than foal- feet fr- .=r _—� rmyns of the adjacent streets. Sec. 12.44.040. Tree limb height. Any trees planted, grown and maintained in any such restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than eight feet #rEtm. �^ �^ ow line. as rneasured from the crowns of the adjacent streets.