HomeMy WebLinkAboutORD 2000-22 - Zoning Urban DesignAN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS AMENDING
THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY
OF FEBRUARY 1968, TOGETHER WITH ALL AMENDMENTS THERETO,
TO REVISE THE FOLLOWING PARTS OF THE ZONING ORDINANCE TO
INCLUDE STANDARDS FOR IMPLEMENTATION OF THE URBAN
DESIGN ELEMENT OF THE CENTURY PLAN OF THE CITY OF
GEORGETOWN, TEXAS% PART 2 CONCERNING DISTRICT
REGULATIONS; PART 5 CONCERNING SPECIAL HEIGHT, YARD,
RESIDENTIAL ADJACENCY SETBACK, BUILDING ARTICULATION,
EXTERIOR BUILDING MATERIAL, AND LIGHTING STANDARDS; PART
6 CONCERNING LANDSCAPE AND IRRIGATION REQUIREMENTS,
PROTECTION OF TREES, BUFFERYARDS, PARKING LOT
LANDSCAPING, AND SCREENING STANDARDS; PART 8 CONCERNING
ACCESSORY USES AND BUILDINGS REGULATED; AND ADDING
SECTIONS TO THE ZONING ORDINANCE CONCERNING SETBACKS
FOR NON-RESIDENTIAL USES ADJACENT TO RESIDENTIAL USES IN
RESIDENTIALLY ZONED PROPERTY, REQUIRING BUILDING
ARTICULATION, CONCERNING REQUIREMENTS FOR EXTERIOR
BUILDING MATERIAL, CONCERNING LIGHTING STANDARDS FOR
MULTI=FAMILY AND COMMERCIAL USES, CONCERNING
REQUIREMENTS FOR SCREENING MECHANICAL EQUIPMENT,
OUTSIDE STORAGE, WASTE CONTAINERS, LOADING DOCKS, RETAIL
STORAGE AND DISPLAY AREAS, TOGETHER WITH ALL SYMBOLS,
MARKINGS, DIAGRAMS, PICTURES AND TABLES IN THE ORDINANCE,
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS,
INCLUDING A SEVERABILITY CLAUSE; INCLUDING A PENALTY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions
of its current Zoning Ordinance governing landscaping, parking, and accessory structures
are inconsistent with the Urban Design Element of the Century Plan, adopted on the 11 th
day of August, 1998;
WHEREAS, the purpose of the Urban Design Element of the Century Plan, in
summary, is that the City maintain a positive identifiable image and an attractive
appearance, and specifically its `sense of place';
WHEREAS, the Urban Design Element of the Century Plan further states that
through the coordination of the variety of municipal decisions which shape the community,
including development and engineering standards, park and recreation facilities, utilities
and other capital improvements, all of which directly impact the visual and functional quality
of the community, the City will be far more attractive and maintain a coherent community
identity to the enduring benefit of all those who live and do business in the City;
Zoning Ordinance Urban Design Plan Implementation
Ordinance NOCAAO0-0?,7
Page I of 4
WHEREAS, the City Council hereby determines that the purpose of the proposed
revisions to the Zoning Ordinance are to provide for consistent development of office,
retail, commercial, and residential areas within Georgetown, to enhance the visual image
of the City and maximize traffic safety;
WHEREAS, the City Council hereby determines that the proposed revisions to the
Zoning Ordinance will prevent urban blight, improve structural stability through the use of
specific durable building materials, and will further improve the economic well-being of
Georgetown by protecting property values;
WHEREAS, the City Council hereby finds that it is in the interest of Georgetown's
social and economic welfare to preserve and promote the City's unique heritage and
distinct character;
WHEREAS, the City Council hereby finds that creation of an aesthetically cohesive
and harmonious urban townscape is essential to maintaining Georgetown's sense of place
and visual character throughout the community, and that such cohesion is particularly
necessary due to the division of the City by three forks of the San Gabriel River, IH -35, and
several other major highways;
WHEREAS, the City Council further finds that the proposed revisions to the Zoning
Ordinance are not intended to stifle architectural creativity, to decrease or limit one's use
of property, nor are they intended to impose undue economic hardship on any property
owner as a result of the requirements set forth in this ordinance;
WHEREAS, the City Council has determined that the proposed revisions to the
Zoning Ordinance more closely reflect the community standards in regard to these issues,
and that these revisions have been made with reasonable consideration, among other
things, for the character of the City, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City;
WHEREAS, the City Council further determines that variances are provided within
the Zoning Ordinance for any properties which may be particularly adversely impacted by
the application of these proposed revisions;
WHEREAS, structural standards for waste containers are necessary to secure
sanitation in order to promote the general health, safety and welfare of the City;
WHEREAS, the 1999-2000 Annual Operating Plan Element lists the implementation
of the first phase of incremental revisions to the Zoning Ordinance as a significant means
of accomplishing the City's stated goals; and
WHEREAS, this revision is the first of these incremental revisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Zoning Ordinance Urban Design Plan Implementation
Ordinance Noc"A0060c0
Page 2 of 4
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 following Century Plan elements:
Policy Plan Element - Growth and Physical Development Policy 3.0 which
states "Citizens, business owners and organizations enjoy the benefits of
well-planned land usage in which conflicting needs are balanced";
Urban Design Element - Focus End 13.1 which states "Georgetown's historic
character is maintained and enhanced";
Urban Design Element - Focus End 13.6 which states "Key thoroughfares
are enhanced to more closely reflect the character of the community";
Urban Design Element - Focus End 13.9 which states "Commercial signage
does not dominate streetscapes or vies in the City";
Urban Design Element - Focus End 13.16 which states "Large buildings are
articulated in a manner and scale that is reflective of Georgetown's
character";
Urban Design Element - Focus End 13.19 which states "The impact of
commercial and industrial land uses on single family neighborhoods are
minimized";
Urban Design Element - Focus End 13.21 which states "Landscaping is used
to break up large parking areas and to provide shade for cars";
Urban Design Element - Focus End 13.22 which states "Non-residential
landscaping is drought -tolerant, but automatic irrigation is included for
supplementation during extreme droughts";
Urban Design Element - Focus End 13.24 which states "Outside storage is
effectively screened and unobtrusive";
The City Council further finds that the enactment of this ordinance is not inconsistent or in
conflict with any other Century Plan Policies, as required by Section 2.03 of the
Administrative Chapter of the Policy Plan.
SECTION 2. The attached Exhibit "A" comprising the Zoning Ordinance of the City
of Georgetown, Texas, is hereby ordained by the City Council of the City of Georgetown,
Texas, including all amendments thereto and specifically adopting the amendments
denoted by underscoring. and strike -outs within Exhibit "A".___
Zoning Ordinance Urban Design Plan Implementation
Ordinance NoARQQo' 4U
Page 3 of 4
SECTION 3. All ordinances or resolutions, or parts of ordinances and resolutions,
in conflict with this Ordinance are hereby repealed and are no longer of any force and
effect.
SECTION 4. If any provision of this ordinance 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 5. A violation of this ordinance shall be subject to a fine not to exceed
$2,000.00 per day for each day such violation exists.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in (10) ten days on and after publication in accordance with the provisions of the Charter
of the City of Georgetown. A 180 -day time period from the effective date is hereby
established during which previously approved applications under the Subdivision
Regulations will have an opportunity to make application for a building permit and be
exempt from the amendments being approved under this ordinance.
PASSED AND APPROVED on First Reading on the qday of April, 2000.
PASSED AND APPROVED on Second Reading on the c2,5 -"'day of April, 2000.
ATTEST:
Sandra D. Lee, City
Marianne Landers Banks, City Attorney
Zoning Ordinance Urban Design Plan Implementation
Ordinance No. aoo Moa
Page 4 of 4
THE CITY OF GEORGETOWN:
By:.
MaryEllen Kersch, Mayor
CITY OF GEORGETOWN
ZONING ORDINANCE
Zoning Ordinance
C i i
PART1: DISTRICTS.............................................................................................................0.3
PART 2: DISTRICT REGULATIONS. 6
2.02 R -S Single Family....,. . . . I I . . . I . . 9 6 , 0 4 0 0 1 * 8 0 . I I I I I I I I I I I I I I 1 0 a 0 a 4 0 4 * 0 014 "1 1 1 0 6
2.03 R -M Multiple -Family..., of ego, ego 11*4000*e M*e000*.* ..... 0, 8
2.04 C-1 Local Commercial............................................................................................. 11
2.05 C -2A Commercial First Height...", *ego of 13
2.06 C -2B Commercial, Second Height........................................................................... 15
2.07 I Industrial............................................................................................................... 15
2.08 R -P Residential Planned.......................................................................................... 16
2.09 Transitional Uses..................................................................................................... 24
2.10 Planned Development........................................................ 25
.............................
2.11 R -O Residential Office............................................................................................ 25
2.12 Agricultural..............................................................................................................31
2.13 Residential Estate..................................................................................................... 34
2.14 Residential Manufactured Home............................................................................. 37
PART 3: SPECIAL PERMITS AND RESTRICTED USES .................................................. 40
PART 4: NON -CONFORMING USES.................................................................................. 59
PART 5: SPECIAL HEIGHT, YARD, RESIDENTAIL ADJACENCY SETBACK, BUILDING
ARTICULATION, BUILDING MATERIAL, AND LIGHTING STANDARDS. 62
PART 6: LANDSCAPE REQUIREMENTS, PROTECTION OF TREES, BUFFERYARDS,
PARKING LOT LANDSCAPING,AND SCREENING STANDARDS ................ 69
PART 7: OFF-STREET PARKING SPACES ARE REQUIRED .......................................... 83
PART 8: ACCESSORY USES AND BUILDINGS REGULATED ...................................... 94
PART 9: ....................................... 96
PART 10: ADOPTION OF MAPS..... ...... I.e., ......... 11111111111111*0111116,04 .... 6.4,4**0 97
PART 11: BOARD OF ADJUSTMENT.................................................................................. 97
PART 12: BOUNDARIES OF DISTRICTS............................................................................. 97
PART 13: ENFORCEMENT.................................................................................................. 103
31 January 2000 1
CIT`! OF GEORGETOWN
ZONING ORDINANCE
PART 14: AMENDMENTS..............................................................................................0.... 103
PART 15: VIOLATION AND PENALTY."....." so I oo,ov,00v, *0 ... 107
PART 16: INTERPRETATION, PURPOSE AND CONFLICT ............................................ 107
PART 17: SAVINGS CLAUSE.,....,..,...,. ... 4 ........... ....... *# .... ... 107
PART 18: DEFINITIONS....................................................................................0.................. 108
APPENDIX............................................................................................................................... 114
31 January 2000 2
CITY OF GEORGETOWN
ZONING ORDINANCE
AN ORDINANCE DIVIDING THE CITY OF GEORGETOWN, TEXAS INTO DISTRICTS AND
WITHIN SAID DISTRICTS REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF
STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS,
COURTS, AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION
AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE,
AND OTHER PURPOSES; ESTABLISHING A BOARD OF ADJUSTMENT AND PRESCRIBING
ITS POWERS AND DUTIES; REGULATING NON -CONFORMING USES; PROVIDING FOR
SPECIAL PERMITS; PRESCRIBING PROCEDURES FOR AMENDMENTS; DEFINING TERMS;
REPEALING CLAUSE AND PRESERVING RIGHTS IN PENDING LITIGATION AND
VIOLATIONS UNDER EXISTING ORDINANCES; PROVIDING PENALTIES FOR VIOLATION
OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
PART ONE: DISTRICTS
Section 1.1 The zoning regulations and districts as herein established have been made in
accordance with a comprehensive plan for the purpose of promoting health, safety,
morals and the general welfare of the City. They have been designed to lessen
congestion in the streets; to secure safety from fire, panic, and other dangers; to
provide adequate light and air; to prevent the overcrowding of land, to avoid undue
concentration of population, to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements. They have been
made with reasonable consideration, among other things, for the character of the
district and its peculiar suitability for particular uses, and with a view to conserving
the value of buildings and encouraging the most appropriate use of land throughout
the City.
Section 1.2 Districts Are Established
1.201 Zoning districts and regulations as herein set forth are established. The City is hereby
divided into three types of districts:
R Districts - Residential
C Districts - Commercial
I District - Industrial
1.202 The three types of districts are further divided into the following districts, listed in
order from most restrictive to least restrictive:
A - Agricultural_ District
R -E - Residential Estate District
R -S - Single Family District
31 January 2000 3
CITY OF GEORGETOWN
ZONING ORDINANCE
RM -1 - Multi -Family District
RM -2 - Dense Multi -Family District
R -MH - Residential Manufactured Home
RM -3 - Office and Service Use District
R -P - Residential Planned District
R -O - Residential Office District
C-1 - Local Commercial District
C -2A - Commercial, First Height District
C-213 - Commercial, Second Height District
I - Industrial District
[Section 1.202 as shown amended by Ordinance # 96-51 ]
1.203 The boundaries of the districts are as shown on the "District Map" attached to and
made part of this Ordinance.
1.204 Whenever a street or alley is vacated, adjacent districts shall extend to the center line
of the vacated street or alley.
1.205 Land Annexed to City
All new territory hereinafter annexed to the City of Georgetown shall have the
Agricultural (A) zoning district classification until alternative zoning is requested
and approved by the City Council of the City of Georgetown. The procedure for re-
zoning annexed properties shall be the same as that procedure provided herein, or as
otherwise provided by law.
A. No permit for the construction of a building or use of land shall be issued by the
Building Inspector other than a permit which will allow the construction of a
building permitted in the A, Agricultural District, unless and until such territory
has been classified in a zoning district other than the A, Agricultural District, by
the City Council in the manner prescribed by law except as provided in Section
1.206,
B. Concurrent with annexation, owners of properties to be annexed by the City of
Georgetown may begin the process of rezoning to a district other than the A
district, upon written request, but may not complete the process of rezoning
until the final reading of the ordinance annexing the property. All procedural
requirements specified in this ordinance for the rezoning of properties shall be
followed, as if the property considered was within the corporate limits of the
City.
C. The keeping of animals as allowed in the Agricultural District, Sec. 2.12 and in
the Residential Estate District, Sec. 2.13 upon and within land annexed after the
effective date of this Ordinance, shall be expressly prohibited in all districts
except the Agricultural and Residential Estate districts, and such keeping of
31 January 2000 4
CITY OF GEORGETOWN
ZONING ORDINANCE
animals shall be discontinued if such land is rezoned to any district other than
the Agricultural and Residential Estate districts.
1.206 The owner, lessee, or any other person, firm, or corporation owning, controlling,
constructing, supervising, or directing the construction of any building or structure
which may be in progress of construction and which is incomplete at the time the
land upon which it is situated is annexed to the City, before proceeding further with
construction, alteration, or completion thereof, shall apply to the Building Inspector
for a permit authorizing further work and shall attach to his application, plans and
specifications for the construction of such buildings or structures. The Building
Inspector shall grant such permit if the applicant shows that such building will
comply with the building code and other Ordinances, rules, and regulations of the
City, except Zoning, or the construction of such building or structure would not be to
the detriment or against the general welfare of the City. Construction work shall be
suspended until the necessary permit has been issued.
Section 1.3 Effect of the Ordinance
1.301 Use of the premises and all buildings within the City shall be in accordance with the
minimum standards hereinafter established.
1.302 Every building shall be on a lot. Except as provided in the regulations of the R -M
and R -P Districts, there shall not be more than one principal building on a lot and all
residential buildings shall face a public street.
1.303 Yards, parking space, or lot area required for one building can not be used for
another building; nor can the size of a lot be reduced below the requirements of this
Ordinance.
31 January 2000 5
CITY OF GEORGETOWN
ZONING ORDINANCE
PART TWO: DISTRICT REGULATIONS
Section 2.01 Land or premises in each of the following classified districts in the City shall be used
for the following purposes only. Any other use of land or premises in such district
shall be unlawful and in violation of this Ordinance. All uses of land or premises
shall comply with the conditions, limitations, and requirements as to yards, open
spaces, lot coverage, spacing, height, off-street parking, and as may otherwise be set
forth in this Ordinance.
Section 2.02 R -S Single Family District Regulations
2.0201 Use Regulations. A building or premises shall be used only for the following
purposes:
1. Single family dwellings. Residential use of temporary structures and trailers,
manufactured homes and mobile homes is prohibited.
2. Public parks, public libraries, public elementary and high schools, and public
buildings.
3. Private schools with a curriculum similar to public elementary and secondary
schools.
4. Churches.
5. Golf courses, but not miniature golf courses or driving tees.
6. Such telephone facilities as are provided for in the Acts of the Fortieth
Legislature, 1927, Chapter 283, Section 8a.
7. Fire station, police station, artesian well, pumping station, lake, boat docks,
boat house, water supply, reservoir, filter bed, water tank, tower, or stand
pipe.8. Railroad r.o.w., railroad tracks, bridges, water tanks, signals and
other railroad appurtenances, but not including railroad yards, classification
tracks, storage tracks, passenger station, freight station, coaling facilities, fuel
oil tanks or roundhouses.
9. Electrical facilities and electrical energy
facilities, transformers, relay and substations, poles, wires, and electrical
transmission and/or distribution lines and distribution appurtenances, but not
including office buildings or storage facilities.
10. Transitional uses as may be permitted by the Board of Adjustment.
11. Two family dwellings, provided that not less than 1/3 of the block frontage of
that side of the block in which the two-family dwelling is proposed or of the
block frontage directly opposite thereto is, at the time of the request for a
building permit, comprised of lots used for two- family, multiple -family,
commercial, and/or industrial purposes.
12. Two-family dwellings by Special Permit, as provided in Part Three of this
Ordinance
13. Greenhouses and nurseries not primarily engaged in retail trade.
14. Home occupations.
15. Home child care as a restricted use as described in Section 3.201.A1.
31 January 2000 6
CITY OF GEORGETOWN
ZONING ORDINANCE
[Section 2.0201 as shown amended by Ordinance #96-51]
2.0202 Height Regulations
No building shall exceed thirty-five (35) feet or two and one-half (2.5) stories in
height.
2.0203 Area Regulations
1. Size of Yards:
a) Front Yard. There shall be a front yard having a depth of not less than
twenty-five (25) feet. Where lots have double frontage, running through
from one street to another, the required front yard shall be provided on
both streets. No parking shall be allowed within the required front yard.
b) Side and Rear Yards. No structure shall be closer to a side or rear lot line
than seven (7) feet or a distance equal to thirty-five (35) percent of the
height of the structure, whichever distance shall be greater. A detached
accessory structure may be located within three (3) feet of the rear lot line,
provided that the rear lot line is also a right-of-way line for a public alley
or a public utility easement, provided such easement has a width of not
less than ten (10) feet.
c) Lot Coverage. No more than thirty (30) percent of the total area of a lot
shall be covered by structures. Structures include all buildings, principal
and accessory, sheds and shelters.
2. Size of Lot:
a) Lot Area and Lot Width. No building shall be erected or moved onto a lot
for residential purposes unless same shall have an area of approximately
6,000 square feet and width at building setback line of approximately sixty
(60) feet. However, in applying these standards, consideration shall be
given to the size of the proposed building in relation to the size of the lot,
the neighborhood in question, and whether or not the health and fire safety
purposes of this ordinance are being met.
b) Where a lot having less area, width and/or depth than herein required
existed in separate ownership upon the effective date of this ordinance, the
above regulations shall not prohibit the erection of one single-family
dwelling thereon.
[Section 2.0203 shown as amended by Ordinance on November 12, 1969]
31 January 2000 7
C'.ITY OF GEORGETOWN
ZONING ORDINANCE
2.0204 Parking Regulations
Off-street parking space shall be provided in accordance with the requirements for
specific uses set forth in Section 7.1.
2.0205 Additional Requirements
Additional applicable development requirements in Parts 5 and 6 of this ordinance
shall be provided.
Section 2.03 R -M Multiple -Family District Regulations
2.0301 Use Regulations
A building or premises shall be used only for the following purposes:
1. RM -1 Multi -Family:
a. Two-family dwellings or duplexes
b. Three-family dwellings or tri-plexes
C, Structures permitted in areas zoned "R -S"
2. RM -2 Dense Multi -Family:
a. Occupations and activities carried on by resident members of families
where:
1) There is no sign other than one sign (non -illuminated) not larger than
four (4) square feet in area,
2) No products but those made on the premises are sold on the
premises,
3) Mechanical equipment that is normally used in a dwelling, and
4) Only one person, other than a member of the family, is employed.
b. Lodging houses
c. Apartment hotels
d. Row houses or town houses
e. Multiple -family dwellings
f. Any use authorized under RM -1 above
g. Intermediate child care as a restricted use as described in Section
3.201.A2.
3. RM -3 Office and Service Use
a. Hospital or clinic, other than veterinarian,
b. Religious, educational and philanthropic institutions, but not animal care,
C, Clubs, lodges, fraternities and sororities where the chief activity is not a
business,
d. Offices and office buildings. Total office space in a single structure shall
31 January 2000 8
CITY OF GEORGETOWN
ZONING ORDINANCE
not exceed a floor area of five thousand (5,000) square feet,
e. Personal service shops, such as beauty shops and barber shops, but not
beauty and/or barber schools or colleges,
f. Studios of artists and photographers,
g. Pre -kindergarten, kindergarten, and other private schools,
h. Convalescent or rest homes, and
i. Any use authorized under RM -2 above.
[Section 2.0301 shown as amended by Ordinance on December 13, 1971]
2.0302 Height Regulations.
1. RM -1 buildings shall not exceed thirty-five (35) feet or two and one-half stories
in height.
2. RM -2 and RM -3 buildings shall not exceed forty (40) feet or three (3) stories in
height.
[Section 2.0302 shown as amended by Ordinance on December 13, 1971]
2.0303 Area Regulations.
1. Size of Yards
a. Front Yard:
There shall be a
front
yard having a depth of not less than
fifteen (15)
feet. There shall
be no
parking in the required front yard.
b. Side and Rear Yards: No structure shall be closer to a side or rear lot line
than seven (7) feet or a distance equal to thirty (30) percent of the height
of the structure, whichever shall be the greater. A detached accessory
building may be located within three (3) feet of the rear lot line provided
that the rear lot line is also a right-of-way line for a public alley or a public
utility easement, provided such public utility easement has a width of not
less than ten (10) feet.
C. Lot Coverage. Except for the required yards, there is no requirement if
there is no residential use on a premises. When there is a residential use
upon a premises, no more than sixty (60) percent of the total area of a lot
shall be covered by a structure. Structures shall include all buildings,
principal and accessory, sheds and shelters, but does not include roofed or
covered parking areas where there are no side walls to the structure.
2. Size of Lot
a. Lot Area, Width, and Depth. There are no minimum requirements for
non-residential uses. For all residential uses, the minimum dimensions for
a lot, as set forth in the R -S district regulations, shall apply. No
single-family, two-family, or three-family dwelling shall be constructed or
occupied on any lot having an area of less than seven thousand (7,000)
31 January 2000 9
CITY OF GEORGETOWN
ZONING ORDINANCE
square feet. Any lot upon which there is a multiple -family dwelling (a
structure containing three or more row houses or townhouse dwelling
units shall be considered a multiple -family dwelling) containing four or
more dwelling units shall have an area of not less than seven thousand
(7,000) square feet plus one thousand five hundred square feet for each
dwelling unit in excess of three dwelling units.
b. Where a lot having less area, width and/or depth than herein required for a
single-family dwelling or two-family dwelling existed in separate
ownership upon the effective date of this ordinance, the above regulations
shall not prohibit the erection of a single-family dwelling or a permitted
non-residential use thereon.
3. Spacing and Location of Structures
Several structures may be located upon a lot, provided that:
a. Any structure containing a residential use not facing a public street shall
face upon a court yard having a minimum width of forty-five (45) feet
between structures and any appurtenances thereto which court yard shall
open upon a public street.
b. No two exterior walls of structures, either of which contain a residential
use, windows, or are parallel or within 45 degrees of being parallel, shall
be closer together than a horizontal distance equal to one-half the
combined height of the two structures, except that no structure need be
separated by a distance greater than forty-five (45) feet. All other
structures shall be separated by a minimum horizontal distance of eight
feet.
4. Recreational Open Space
Not less than two hundred (200) square feet of recreational open space per
dwelling unit in a multiple -family, row house or town house development, shall
be provided with the area of the project or development. Such recreational open
space shall be located or arranged so as to function as a recreational area and be
uniformly beneficial to all of the dwelkng units in the project or development.
Open space required to separate structures shall not be considered to be a part
of the required recreational open space.
5. Private Open Space
Each dwelling unit in a row house or town house project shall be provided with
a private yard or open space of not less than one hundred fifty (150) square feet
in area, which shall be immediately accessible and functional to the dwelling
unit that it serves. Such open space may be at the front, rear, or side of a
dwelling unit and shall be in addition to the required spacing between structures
and between lot lines.
31 January 2000 10
2.0304
Section 2.04
2.0401
CITY OF GEORGETOWN
ZONING ORDINANCE
6. Additional Requirements
Additional applicable development requirements in Parts 5 and 6 of this
ordinance shall be provided.
Parking Regulations
Off-street parking shall be provided in accordance with the requirement for specific
uses set forth in Section 7.1 of this ordinance.
C4 Local Commercial District Regulations
Use Regulations. A building or premises shall be used only for the following
purposes:
1. Any use permitted in the RM -3 District. Residential use of trailers and
temporary structures is prohibited.
2. Sale of goods and products at retail, excepting automobiles, trailers, mobile
homes, motorcycles, farm equipment and machinery, and earth moving and
heavy construction equipment.
3. Shops for repair and servicing of bicycles, typewriters, electrical, radio and
television appliances, keys, and similar articles.
4. Dressmaking, millinery, tailoring, shoe repair, laundry, dry cleaning, and
similar trades.
5. Banks,
6. Animal hospitals and clinics, where there are no open kennels.
7. Commercial schools.
8. Undertaking establishments.
9. Commercial parking lots.
10. Bowling alleys and other indoor commercial recreation.
11. Offices and office buildings (no area limitations).
12. Motels and hotels.
31 January 2000 11
CITY OF GEORGETOWN
ZONING ORDINANCE
13. Theatres, but not drive-ins
14. Signs (advertising) used in connection with and on the same lot as the
establishment to which they refer. No sign shall have a height greater than any
building on the premises upon which it is located. No sign shall be within any
required yard. The area of all signs on a lot shall not exceed a quantity of square
feet that is greater than twice the quantity of feet in the frontage of the lot upon
which it (or they) are located. No sign shall use flashing or rotating lights or
lighting devices. No sign shall be lighted so as to be a nuisance to the occupants
of any nearby or adjoining properties in any residentially zoned district.
15. Day care center as restricted use as described in Section 3.201.A3.
2.0402 Height Regulations
The height regulations are the same as those indicated within the R -M District
regulations.
2.0403 Area Regulations
The area regulations of the R -M District regulations shall apply, except that:
1. No rear yard is required for a non-residential use that is on a lot that does not
back upon an "R" District.
2. Side yards of four (4) feet only are required on a lot used for non-residential
purposes„ provided that along a side lot line adjoining an "R" District, a side
yard is provided as required in the adjoining "R" district.
3. The front yard shall have a depth of not less than 15% of the lot depth, but not
greater than twenty-five (25) feet.
[Section 2.0403 shown as amended by Ordinance #80-10]
2.0404 Parking Regulations
Off-street parking spaces shall be provided in accordance with the requirements for
specific uses set forth in Section 7.1 of this ordinance.
2.0405 Additional Requirements
1. Additional applicable development requirements in Parts 5 and 6 of this
ordinance shall be provided.2. In granting the rezoning amendment to the
District Map, the City Council may impose reasonable conditions as set forth
below for the protection of surrounding land owners, as well as the general
public, which shall be complied with by the owner of the property seeking
31 January 2000 12
CITY OF GEORGETOWN
ZONING ORDINANCE
rezoning amendment, or such owner's successor in interest, before a building
permit or certificate of occupancy may be issued by the Building Inspector for
the construction or reconstruction of improvements on such property subject to
said rezoning amendment. Provided, however, that nothing in this Ordinance
shall preclude the Council in enforcing such conditions from pursuing any other
remedies allowed by law or equity. Any conditions imposed shall be made with
reasonable consideration to the character of the district, uniformity, and the
district's particular suitability for particular uses. Such conditions may include
the following:
a) Provisions for safe ingress and egress from thoroughfares, and reasonable
connections among adjacent properties with similar use;
b) Provisions for reasonable visual screening of thoroughfares, and buffering
for adjacent, more restrictive districts or thoroughfares;
c) Provisions concerning signs, like prevention of sight obstructions and
reasonable clearance from overhead electrical lines;
d) Provisions concerning public improvements like sidewalks and traffic
control devices to insure public safety, health and welfare;
e) Reasonable landscaping requirements, concerning visual screening,
reduction of pollution in storm water run-off, visual relief to large paved
areas, and provisions to diminish the perceived scale of building mass.
f) Restricting the property to one or more particular use(s) within the
proposed Zoning District.
g) Requirement of a site plan to be approved in the Commission and Council
in accordance with the requirements of Section 2.1105 of the Base
Ordinance. Subsequent modification(s) of an approved site plan require
new approval by the Commission and Council. Any construction or
reconstruction of improvements shall be in accordance with an approved
site plan.
Any such conditions imposed shall not be construed as conditions precedent to
the granting of the rezoning amendment of such property, but shall be construed
as conditions precedent to the granting of the building permit.
I
Section 2.0405 shown as adopted by Ordinance 880014.00A.4 January 12, 1988; see
Appendix]
Section 2.05 C -2A Commercial First Height District Regulations
2.0501 Use Regulations
A building or premises shall be used only for the following purposes:
1. Any use permitted in the "C-1" District Regulations. Residential use of
temporary structures is prohibited. Residential use of trailers in approved trailer
31 January 2000 13
CITY OF GEORGETOWN
ZONING ORDINANCE
parks only.
2. Automobile, motorcycle and truck repair conducted only in a building.
3. Garages, including storage garages.
4. Public cold storage lockers
5. Print, furnace, heating, air-conditioning, sheet metal, plumbing, tire and car
washing establishments and similar shops.
6. Retail sales of automobiles, trailers, mobile homes and motorcycles.
7. Soft drink bottling.
8. Jewelry manufacturing.
9. Testing laboratories.
10. Outdoor commercial recreational activities.
11. Lumber yards, provided that any outdoor display or storage is screened by a
solid wall not less than six and one-half (6 %) feet high, as approved by the
Building Inspector, from any "R" District along any side or rear lot line that is
also a district boundary of an "R" District.
12. Bakeries, wholesale.
13. Drive-in theatres.
14. Newspaper publishing.
15. Signs and billboards, restricted as to height and lighting as set forth in the
"C-1" District Regulations.
16. Television and radio broadcasting transmitters.
17. Retail sales of farm equipment and machinery and earth -moving and heavy
construction equipment, provided that any outdoor display or storage is
screened by a solid wall not less than six and one-half (6 '/z) feet high, as
approved by the Building Inspector, from any "R" District along any side or
rear lot line that is also a district boundary of an "R" District.
18. Any other use excepting scrap metal, junk, pipe, automobile wrecking and other
outdoor storage yards, and provided that:
a. There shall be no possible hazard to adjoining properties and their
occupants from explosives or other volatile material or from radiation or
radioactivity; and that
b. All outdoor storage or activities shall be screened from public view by a
wall of not less than six and one-half (6 ''/2) feet in height, and as approved
by the Building Inspector; and
C. That there shall at no time be emitted by the use any odor, smoke, glare,
fumes, vibration, dust or other air borne matter that may be readily
detectable without instruments from any point beyond the premises upon
which the use is located, excepting noise, which shall not be of such
volume or pitch to be a nuisance, obnoxious or to adversely affect the
value or use of adjoining and nearby properties and public areas. All
manufacturing shall be conducted only within completely enclosed
structures, the walls of which are pierced only by windows and doors of
average size. No structures having a manufacturing or processing activity
shall have a floor area in excess of ten thousand (10,000) square feet.
31 January 2000 14
CITY of GEORGETOWN
ZONING ORDINANCE
2.0502 Height Regulations
The height regulations are the same as those in the "R -M" District Regulations.
2.0503 Area Regulations
The area regulations as set forth in Section 2.0403 for the "C-1" District shall apply.
2.0504 Parking Regulations
Off-street parking space shall be provided in accordance with the requirements for
specific uses set forth in Section 7.1.
2.0505 Additional Requirements
1. The regulations set forth in Section 2.0405 entitled "Additional Requirements"
for the "C-1" District shall apply to this District.
2. Additional applicable development requirements in Parts 5 and 6 of this
ordinance shall be provided.
[Section 2.0505 shown as adopted by Ordinance 880014.00A.4 January 12, 1988; See Appendix.]
Section 2.06 C-211 Commercial, Second Height District Regulations
2.0601 The regulations set forth in Section 2.05 of this ordinance for the "C -2A" District
shall apply except that there is no limit on the height of structures.
2.0602 Additional Requirements
1. The regulations set forth in Section 2.0405 entitled "Additional Requirements"
for the "C-1" District shall apply to this District.
2. Additional applicable development requirements in Parts 5 and 6 of this
ordinance shall be provided.
[Section 2.0602 shown as adopted by Ordinance 880014.00A.4 January 12, 1988; See Appendix.]
Section 2.07 "I" Industrial District Regulations
2.0701 Use Regulations
31 January 2000
A building or premises shall be used only for the following purposes:
1. There maybe any use except that:
a. There may be no building for residential use and no trailers, except
quarters for caretakers and similar personnel;_
b. An applicant for an industrial facility shall submit evidence prepared by a
15
CITY OF GEORGETOWN
ZONING ORDINANCE
qualified person that the use for which a building permit is requested will
not by reason of the emission of dirt, fumes, gas, odor, smoke and other
air borne particulate matter, glare, vibration and/or noise or by reason of
disposal of waste violate any air and/or water pollution control ordinance,
laws or statutes then in effect, and that nearby and other properties in the
City will not be depreciated or devalued for the purposes and uses for
which they are zoned, that the occupants of such properties will not be
adversely affected and the residential amenities in any "R" District will
not be diminished.
2.0702 There are no height and area regulations for non-residential use.
2.0703 Parking Regulations
Off-street
parking space
shall be
provided in accordance with the requirements for
specific uses set forth in
Section
7.1.
2.0704 Existing Residential Uses
Residential Uses existing within an "I" District at the time of adoption of this
Ordinance or subsequent designation of an "I" District shall not be considered as
non -conforming uses. The reconstruction, alteration, repair or expansion of any such
residential use shall comply with the area regulations and height regulations as set
forth in the "R -M" District Regulations. No reconstruction, alterations, repair or
expansion of any existing or destroyed single-family residence or two-family
residence shall increase the number of dwelling units upon a lot in excess of the
quantity present at the time such lot became subject to the "I" District Regulation.
2.0705 Additional Requirements
Additional applicable development requirements in Parts 5 and 6 of this ordinance
shall be provided.
Section 2.08 "R -P" Residential Planned District Regulations
2.0801 Use Regulations
I . Residential -any residential use including detached, semi -attached, attached, or
multi -family dwelling units or any combination thereof.
2. Commercial -commercial uses may be allowed if the developer can show there
is a need within the PUD. However, commercial facilities will be limited to
those businesses which will provide a needed service or convenience for the
PUD and the immediate area. Businesses which may be allowed are:
Professional offices, cleaning shop/laundry, barberibeauty shops, pharmacy,
repair shops and convenience stores. Other commercial uses shall require a
31 January 2000 16
0
CITY OF GEORGETOWN
ZONING ORDINANCE
special permit.
Any use permitted by the "R -S" District regulations and conforming to the
District's standards.
2.0802 Parking Regulations
Off-street parking space shall be provided in accordance with requirements set forth
in Section 7.1 except for dwelling units which will require a minimum of 2 parking
spaces and''/2 additional spaces for each bedroom in excess of 2 per dwelling unit.
2.0803 Height Regulations
No building shall exceed thirty-five (35) feet or two and one half (2 %2) stories in
height that is within 200 ft. of existing residential dwellings and no buildings shall
exceed forty (40) feet or three (3) stories in height.
2.0804 Minimum Lot Size, Yard, Recreational Space, Maximum Land Coverage, and
Spacing of Structures Regulations
The minimum lot size, yard, recreational space, maximum land coverage, and
spacing of structures regulations of the "R -M" District shall apply except that:
1. Density. The overall density of a project or development shall be within the
range of up to 10 dwelling units per acre of gross area [Gross area is area within
the boundaries of the project or development including any public streets that
may traverse same, and one-half the area of any perimeter public street (paved
width).]
Single-family detached dwellings -5 dwelling units per acre. Two family
dwellings, detached -8 dwelling units per acre.
Row -houses or townhouses. 15 dwelling units per acre.
Multiple -family dwellings. 20 dwelling units per acre.
2. Maximum Lot Coverage - Required Open Space
Not more than 40% of the net area of the total project or development or any
portion thereof, shall be covered or occupied by impervious coverage which
includes all buildings or structures, streets, public sidewalks, and coverage of
the land by concrete or asphalt surfaces with the exception of patios and
walkways in connection with an individual dwelling unit. Usable recreational
open space shall be provided within the area of the project or development and
shall be located or arranged so as to function as a recreation area or areas and be
uniformly beneficial to all of the dwelling units in the project or development.
Required open space separating structures shall not be considered to be a part of
the required recreational open space.
31 January 2000 17
CITY OF GEORGETOWN
ZONING ORDINANCE
3. Access
All dwellings shall have access either to a public street or to a private street
meeting City street construction standards. All public and private streets will
ensure adequate circulation patterns and safety standards.
4. Garbage Collection
For each development or project within which there are private streets or drives,
there shall be provided one or more enclosed structures of a size and in a
location as approved by the City Manager, to be used for housing of approved
garbage containers for public garbage collection from those dwelling units not
served directly by public streets. It shall be the responsibility of the developer
within the private restrictions or agreements governing the development, to
provide for maintenance of the garbage collection structures, the use of such
structures, and the movement of garbage and trash from dwellings not served
by public streets to such structures.
5. When any proposed development involves provisions for common areas such
as open space, recreational areas, etc, copies of the proposed articles of
incorporation, by-laws, and protective covenants shall be reviewed by the City
Attorney before final approval of the Development Plan is granted. Provisions
shall be made for the granting of permanent rights of access to the City of
Georgetown over all private drives, walks, streets, and parking areas.
6. Additional Requirements. Additional applicable development requirements in
Parts 5 and 6 of this ordinance shall be provided.
2.0805 "R -P" Zoning Coordination
1. All applications for an "R -P" Zone Change shall be accompanied by a
development site plan as set forth in the Review Process.
2. An application for an "R -P" Zone Change shall not be accepted unless a
preliminary development site plan, and all supporting documents required are
submitted at the time the application is made.
3. Property not previously platted, and in cases where the "R -P" Zone Change
requested necessitates a re -plat, a preliminary plat, as required by the
subdivision ordinance, shall be filed with the application for the Zone Change,
4. All uses permitted in this district shall meet the minimum requirements for that
use or similar type uses provided in the district which the use or similar type is
permitted. However, the City Council may vary those District requirements to
allow flexibility for modern urban planning and design, and to protect existing
31 January 2000 18
CITY OF GEORGETOWN
ZONING ORDINANCE
development, or the environment.
2.0806 Construction Limits
1. Open space and recreational facilities shall be constructed in proportion to the
number of dwelling units being constructed during any construction phase, or
as specified in the final development site plan.
2. No commercial activities shall be constructed in connection with residential
units until 33 1/3% of the residential units are completed or the City Council
concurs that a need for commercial services has developed within the PUD.
2.0807 Setbacks and Spacing of the Interior of the Development shall be at least equivalent
to that required by the Zoning District for a similar use unless the applicant
demonstrates that:
2.0808
. 6*
1. A better or more appropriate design can be achieved by not applying the
provision of the zoning district, and
2. Adherence to the requirements of the zoning district is not required in order to
insure the health, safety, and welfare of the inhabitants of the development
and/or adjacent residents.
Site Planning on the perimeter shall be provided to the mutual protection of the
district and surrounding property from potential adverse influences.
Development Plan Processing
A threestep review is required for all uses except single family uses that conform to
the "R -S" District regulations
1
2.
Pre -application Conference
There will be a meeting with the developer and representatives from the City to
discuss any proposed PUD. No specific submission documents are required,
however, the developer should have enough drawings and sketches to clearly
communicate his plans and ideas.
Preliminary Development Plan
This step is initiated by a formal application for preliminary development plan.
A development plan will consist of the following and will be submitted in a
sufficient number of copies as specified by the City Manager.
a. Preliminary Plat- if needed, as defined in Georgetown's Subdivision
Ordinance and in accordance with its regulations.
b. Preliminary Site Plan- this is a plan covering all the land within the
development, and adjacent areas as specified, which shows the following
31 January 2000 19
CITY OF GEORGETOWN
ZONING ORDINANCE
information:
i The title page of each application and set of plans shall be
signed by the applicant's engineer and architect, and/or
landscape architect. The land planner should be so designated.
The scale of the site plan shall be 1"=50 ft. or if over 100 acres
V.200 ft. Engineering Scale and United States Coastal and
Geodetic Base Datum is to be used.
ii The date, scale, north point, title, name of owner, and name of
person preparing the plan.
iii The boundaries of the area covered by the plan, the dimensions
of the tract, all public and private rights-of-way and easements
bounding and/or intersecting the district(s) proposed to be
continued, created, relocated and/or abandoned.
iv The location of each existing and each proposed structure in the
development, the use or uses to be contained therein, the number
of stories, the gross floor area, the location of entrances and
loading points thereof.
v The centerline of existing water courses, drainage features, 100
year flood plain, if any, avigation easements, if any, and location
and size of existing and proposed streets and alleys.
vi The clear designation of areas reserved for off-street parking and
for off-street loading, the location and size of points of ingress
and egress, and the ratio of parking spaces to number of units.
vii A representation of the general use and character of land adjacent
to the PUD area within 200 feet.
viii The dwelling intensity of each type of housing in residential
areas, the overall average density, and the lot sizes and locations
of any other uses within the PUD.
ix Areas proposed to be conveyed, dedicated, or reserved for parks,
parkways, playgrounds, school sites, public buildings, and
similar public and semi-public uses.
x A detailed statement and/or sketch indicating the basics of a
landscape plan along the boundary of the PUD to a depth of 100
horizontal feet together with a description of the types of
materials to be used. The regulations of the landscape ordinance
shall apply.
31 January 2000 20
CITY OF GEORGETOWN
ZONING ORDINANCE
xi Existing sanitary sewer easements, electric easements, drainage
easements and any other.
xii Topography in 5 ft, contours, showing major trees or tree groups and
other significant natural features.
xiii Location of day care or kindergarten facilities and play areas, if any.
xiv A table showing the number of dwelling units, or other uses,
contained in each structure, and the number of parking spaces
provided for each.
xv Total square footage of the development lot; total square footage of
common open space and private open space; total square footage
of coverage by:
a) streets and driveways, and
b) structures; location, approximate size and type of
construction of all free standing signs (Note: All of the above
may be given as approximate figures)
c) Supporting Documents
Copies of all maps and documents shall be submitted in
sufficient numbers, as determined by the City Manager, to
allow review by all interested parties.
i Requests for any necessary zone changes
ii A legal description of the property concerned, together
with the names of present owners. A written
acknowledgment of present owner(s) knowledge of
proposed use of his land.
iii A statement of planning objectives to be achieved.
iv A sketch or narrative giving topographic data sufficient to
indicate clearly the character of the terrain; significant
natural features; and existing development to be retained.
(unless information is shown on the site plan)
v Schematic grading plan and proposed treatment of slopes
schematic drainage pian.
vi Projections of traffic volumes within the PUD and
volumes generated by the PUD that would be added to
31 January 2000 21
CITY OF GEORGETOWN
ZONING ORDINANCE
streets in the vicinity.
vii Data justifying commercial land proposals and high
density multi -family dwellings.
viii A narrative description of the agreements, provisions, or
covenants which will govern the use, maintenance and
continued protection of the PUD and any of its common
open space.
ix Phasing or development sequence and approximate areas
to be included in each phase, if known.
x Architectural illustrations and text as required establishing
the basic architectural character and environmental design
qualities to be attained throughout the PUD. (i.e. A sketch,
drawing, or illustration and description of materials of the
representative types of buildings to be constructed.
d) Procedure
i After formal application is made, the City will have 30
days or until the next regular Planning and Zoning
Commission meeting, whichever is greater, to complete a
review.
ii A public hearing shall be held at the Planning and Zoning
meeting considering the preliminary approval. The
recommendations of the Planning and Zoning
Commission shall be forwarded to the City Council, who
shall have 30 days to act upon the proposal.
iii Preliminary approval shall not be given to the PUD
proposal until the preliminary site plan, preliminary plat,
and zone changes have been approved or approved with
stipulations, that shall be set forth in a letter of
verification.
3. Final Development Plan
a. Final Plat
if needed, as defined in Georgetown's Subdivision Ordinance.
b. Final Site Plan
this should be drawn to the same scale and show all information
required for the preliminary site plan, with engineering and
31 January 2000 22
CITY of GEORGETOWN
ZONING ORDINANCE
technical requirements plus the following data:
1) Overall height of 2 and 3 story structures.
2) Ratio of parking spaces to the number of bedrooms.
3) A detailed landscape plan along the boundary of PUD to a
depth of 100 horizontal feet, together with a description of
the types of materials to be used.
4) A plan for the location of all public utilities and fire
hydrants.
5) All easements including but not limited to: sanitary sewer
easements, electric easements, water easements, drainage
easements. In addition lighting and garbage pickup
locations.
6) Topography in 2 feet contours.
7) A table showing number of one -bedroom, two bedroom
units, etc., contained in each structure, number of
structures, and number of parking spaces required and
provided for each.
8) Total square footage of the development lot; total square
footage of common open space and private open space;
total square footage of coverage by a) streets, driveways,
walkways, and b) structures; total number of off-street
parking spaces for guests; square footage, location, type of
construction and design features of all signs; total number
of garbage collection facilities.
C, Supporting Documents
All documents supplied with the preliminary development plan
except that:
1) A copy of all agreements, provisions, or covenants which
govern the use, maintenance and continued protection of
the PUD and any of its common open space must be filed
with the City Attorney.
2) The development schedule should indicate sequence and
timing of development, and timing of and map of area to
be included in each phase.
31 January 2000 23
CITY OF GEORGETOWN
ZONING ORDINANCE
d. Procedure
1) From the time of the preliminary approval, the developer
will have six (6) months to submit a Final Development
Plat and Final Site Plan to the City for review.
2) The City will have 30 days or until the next regular
Planning and Zoning meeting, whichever is greater, to
complete its review of the Final Plat and Final Site Plan.
The recommendations of the Planning Commission shall
be forwarded to the City Council, who shall have 30 days
to act upon the proposal. The Zoning change shall not
become effective until the Final Plat and Final Site Plan
have been approved. Upon final approval and recording of
all aspects of the Final Development Plat, the Final Site
Plan will be released to the Building Inspection
Department and building permits may be issued consistent
with the Final Development Plat and the Final Site Plan.
3) The Chief Building Inspector, with the written approval of
the City Manager, may allow minor revisions of the plan.
That which would change the basic design, types or size of
units, or basic character of the development must be
amended under the same procedure as for original
approval.
2.0810 Additional Requirements
Additional applicable development requirements in Parts 5 and 6 shall be provided.
[Section 2.08 shown as amended by Ordinance #81-13]
Section 2.09 Transitional Uses
2.0901 Within a "R -S" District upon any lot, a side lot line of which abuts a "C" District, the
Board of Adjustment may permit a two-family dwelling, a multiple -family dwelling
or row houses or town houses. The height and area regulations as set forth in the
"R -M" District Regulations shall apply to such transitional uses. Within the "R -S"
District upon any lot, a side lot line of which abuts an "I" District, the Board of
Adjustment may permit any use permitted in the "R -M" District Regulations, which
use shall comply with the height and area regulations as set forth in "R -M" District
Regulations.
2.0902 No transitional area shall extend along the street frontage a distance greater than the
width of one lot, and in no event shall it extend a distance greater than one hundred
(100) feet from the district boundary of the less restricted district except that if the lot
31 January 2000 24
CITY OF GEORGETOWN
ZONING ORDINANCE
upon which the transitional use is to be located has a width greater than one hundred
(100) feet but less than one hundred fifty (15 0) feet, the transitional use may be
extended throughout the entire width of the lot.
Section 2.10 PIanned Development Regulations
Except where prior approval of development plans are required of property in a
"R -P" District, any person desiring to use land or erect buildings on property of five
(5) acres or more that is to be developed for multiple -family dwellings, commercial
or industrial purposes shall comply with the following procedures:
The applicant shall submit a plan to the City Building Inspector showing in detail the
manner in which the land is to be used, the location, size, character and appearance
of buildings, and provision for off-street parking, service areas, and landscaping; said
plan shall include the entire area within a project or development.
The City Building Inspector shall refer the plan to the City Planning and Zoning
Commission who shall have thirty (30) days in which to investigate the plan. If the
Commission does not report in thirty (30) days, the City Council may assume that
the Commission approves the plan.
If the City Planning and Zoning Commission reports that:
1) The plan complies with all regulations of this ordinance;
2) The plan is in the best interests of the City;
3) The plan is consistent with the public interest and purposes of this ordinance;
Then the City Building Inspector shall approve the plan and building permits shall be
issued to carry out the approved pian. Buildings and land may be used only in
accordance with approved plans. Approved plans may be amended by the same
procedure by which they were approved.
Section 2.11 R -O Residential Office District Regulations
2.1100 Purposes and Intent for R -O District. It is the desire of the City Council to allow through the
creation of the R -O Residential Office district an orderly transition of land use from
residential use to relatively small scale office use of lots and parcels fronting Williams Drive
west of Interstate 35 while maintaining a predominantly residential property appearance and
building scale. Further, it is the City Council's intention in creating this district to mitigate
adverse impacts of this transition from residential use to small scale office use on the
remaining residences, and on the traffic carrying capacity of Williams Drive. Finally, this
ordinance is not intended to encourage or endorse violation of any restrictive covenants
existing along said thoroughfare.
2.1101 Criteria for rezoning to R -O. In order to be considered for rezoning to the Residential Office
31 January 2000 25
CITY OF GEORGETOWN
ZONING ORDINANCE
district (hereinafter R -O), a lot or parcel must be contiguous to the public right-of-way of that
certain street within the City of Georgetown which is designated as Texas FM 2338 and as
Williams Street, and which is commonly and herein referred to as Williams Drive. Such lot or
parcel must also be located on Williams Drive, west of Interstate Highway 35 and east of
Power Road. Every R -O district must meet at least one of the following three criteria:
a. Must contain not less than three hundred fifty (350) feet of continuous frontage on one
side of Williams Drive; provided, however, that for the purpose of applying this part,
frontage may be considered continuous across a street intersection; or
b. Must contain three (3) adjacent platted lots having frontage on Williams Drive; or
C, Must contain the entire frontage along one side of Williams Drive between any two of
the following: intersecting street; school; church; any less restrictive zoning district than
R -O; public building, utility or institutional facility, or any other physical feature which
the Planning & Zoning Commission finds to be an identifiable and sufficient "buffer or
edge" to the proposed R -O district is keeping with the purpose and intent of the R -O
district.
The maximum depth of any R -O district, measured from the Williams Drive
right-of-way, shall be established as follows:
a. For any platted lot, the depth of the lot;
b. For any unplatted parcel, one hundred forty (140) feet.
2.1102 Permitted Uses. The following use types are permitted within the R -O District.
A. Commercial uses
1. Insurance office;
2. Real estate office;
3. Offices for attorneys, architects, accountants, engineers and similar
professionals, except human health care as hereinafter provided;
4. Photographic studio;
5. Mailing and stenographic services;
6. Travel agency;
7. Investment broker;
8. Business management consultant;
31 January 2000 26
2.1103
2.1104
CITY OF GEORGETOWN
ZONING ORDINANCE
B. Civic Uses
1. Offices of non-profit organizations, such as professional membership
organizations, labor unions, civic, social, fraternal, religious and political
organizations.
C. Residential Uses
1. Any use permitted in the RS district.
Conditional Uses:
The following use types may be allowed, subject to approval for special permit as
provided by Chapter Three, Sections 3.101 et seq. hereof.
A. Commercial uses
1.
Offices of professional services providing medical, dental, psychological,
chiropractor, and other human health care on an out-patient basis.
B. Residential Uses
1. One accessory apartment per principle structure, not to exceed 35 percent
of the floor area of the principle structure.
Site Development Standards
Each site in the residential office district shall be subject to the following site
development regulations.
a. Impervious Cover. Total impervious cover shall not exceed 55% of the lot area.
b. Principle structure. Buildings in the R -O district shall maintain a single family
detached residential appearance and scale.
i Building Height. Maximum building height shall be 35' or the maximum
building height allowed in the most restrictive adjacent zoning district,
whichever is less; provided, however, that no part of any building shall
penetrate a "bulk plane" established as follows: beginning ten feet above
average grade at each required side and rear building setback line and
rising one foot for every two feet of additional setback. Buildings shall
contain not more than two and one-half stories.
ii Roof. Roofs shall be hip or gable type, with a minimum pitch of 3:12.
Maximum height of any rear eaves shall be not greater than 9 feet
measured from average grade at the building foundation. Maximum height
of any rear gable shall be not greater than lb feet measured from average
31 January 2000 27
CITY OF GEORGETOWN
ZONING ORDINANCE
grade at the building foundation. Roof material shall not be bright, highly
reflective material. A ridge line shall not exceed 60 feet between
horizontal or vertical offsets of two feet or more. Roof mount HVAC
equipment shall be screened with durable material of a minimum 50%
opacity.
iii Orientation of windows and doors. Second story exterior doors, and
second story windows having a sill height less than 6 feet above the
finished floor shall not face an adjoining lot in a zoning district more
restrictive than the R -O district.
C, Sidewalks. A sidewalk shall be constructed along the entire Williams Drive
frontage of the district where a serviceable sidewalk does not exist. Sidewalks
shall be located in the street right-of-way approximately one foot from the
property line, shall be connected to any serviceable sidewalk on adjacent
property, and shall be designed and constructed in accordance with
specifications approved by the Director of Public Works.
d. Driveways. Minimum distance between driveways accessing Williams Drive
within an R -O district shall be 150 feet. Minimum distance from any driveway
to a street right-of-way intersecting Williams Drive shall be 200 feet.
Driveways existing at the time of rezoning to R -O which do not conform to
these distance requirements shall not be allowed to remain as non -conforming
driveways. Any driveway accessing a street which intersects Williams Drive
shall be placed as far as possible from the Williams Drive intersection.
Maximum driveway width shall be 24 feet. Curb return radii shall be a
minimum of 15 feet. Driveways shall have an all-weather surface approved by
the Director of Public Works.
e. Parking. Maintenance of the residential appearance of buildings in the R -O
district is furthered by the retention of front lawns free of vehicle parking. One
off-street parking space shall be provided for each 300 square feet of floor area
of the principle structure. All off-street parking spaces shall be to the rear of the
front yard, regardless of any required yard or building setback. All parking
spaces between the projected front and rear building walls shall be screened
from view from Williams Drive by a vegetative screen or fence or wall having a
minimum height of 3 feet. Parking spaces on any lot without a principle
structure shall be to the rear of a line connecting the fronts of adjacent
buildings. All parking spaces shall have an all weather surface, either pervious
or impervious, approved by the Director of Public Works. Parking spaces
adjacent to required fencing and in conformance with buffer requirements
herein shall have curbing or wheel stops sufficient to prevent damage to such
fence.
31 January 2000 28
CITY OF GEORGETOWN
ZONING ORDINANCE
f. Trees. Every tree of 36 inch or greater circumference shall be preserved. A tree
of 16 inch to 36 inch circumference may be removed, provided that it is
replaced on the same lot or an adjacent lot with a tree whose circumference is at
least 40% as great as the tree removed, and whose species has similar
characteristics of configuration and size at maturity as the tree removed. All
trees' circumference shall be measured 4 feet above surrounding grade. No
excavation or filling or paving shall be performed within 70% of the area
within the drip line of any tree retained or installed to meet the requirements of
this part, and 50% of the circumference of the drip line must be free of
excavation, filling and impervious paving.
g. Buffers. Visual screening shall be installed and maintained along all side and
rear property lines adjoining a district more restrictive than the R -O district, in
conformance with all other requirements of the Zoning Ordinance regarding
fences and walls, except as otherwise provided herein. Visual screening shall
consist of a permanent wall or fence six (6) feet in height. A screen wall shall
be constructed of brick or brick -patterned reinforced concrete. A screen fence
shall be constructed with posts and runners of pressure treated wood and face
boards of redwood, cedar, or pressure treated wood, and may include rock or
brick columns constructed on reinforced concrete foundation. Fence runners
shall not face adjacent residential property. Evergreen landscape plants are
recommended to give visual relief to required screen walls or fences. A
minimum five foot landscaped buffer yard shall be maintained within the R -O
district adjacent to all required screen walls or fences.
h. Signs. Permanent signs in the R -O district shall be restricted to those
advertising the use conducted on the premises. Internally and/or intermittently
illuminated signs are prohibited. Temporary or portable commercial signs are
prohibited. A maximum of two signs per lot shall be allowed, provided,
however, that the total sign area shall be limited to thirty-two (32) square feet
per one hundred (100) lineal feet of Williams Drive frontage. All signs shall be
installed facing and parallel to Williams Drive. Signs shall be either:
I
ii
attached to the principle structure below the building eaves; or
installed on an earth berm a
of 20 feet from the Williams Drive
right-of-way. Berm signs shall have a height of not more than three (3)
feet from average surrounding grade.
i. Accessory uses. Accessory uses shall be restricted to those uses which are
compatible with the low intensity of Resident Office use and with adjacent
residential use.
i Waste containers shall be screened from view by a structure one foot
greater in height than the container and capable of preventing the spread
31 January 2000 29
CITY OF GEORGETOWN
ZONING ORDINANCE
of blowing debris.
ii Antennas. Antennas shall be prohibited in the front yard. Minimum
required setback from any property line shall be equal to the height of the
antenna. Antennas shall be similar in color to the principle structure if
attached to the principle structure, or shall be screened from view from
any street or any adjacent residence.
iii Accessory buildings and carports shall be of similar construction to the
principle structure.
j. Lighting. No exterior lighting source shall cause offensive glare or reflection
visible from a street or adjacent property.
k. Drainage. Increased run-off resulting from conversion to Residential Office use
shall be detained on-site or shall be diverted from adjacent property in
conformance with stormwater drainage requirements of the Code of Ordinances
of the City of Georgetown.
1. Required yards. Minimum side yard shall be ten feet; Minimum rear yard shall
be fifteen feet; Minimum front yard shall be twenty-five feet, provided,
however, that front, side, or rear building setback lines which are shown on an
approved and recorded plat and which are more restrictive than those herein
shall be observed, and further provided that where adjacent buildings observe a
front setback greater than that required herein, any building constructed after
the effective date of this ordinance shall maintain a front setback equal to the
average of the front setback of adjacent structures.
in. Additional Requirements. Additional applicable development requirements in
Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists
between the requirements in this sub -section, and the requirements in Parts 5
and 6 of this ordinance, the requirements in this sub -section shall prevail.
2.1105 Site Plan Required.
a. An application for rezoning to R -O Residential Office shall be
accompanied by a site plan indicating improvements proposed to conform
with the Site Development Standards contained herein. The site plan shall
also indicate all existing trees of sixteen (16) inches or greater
circumference, and all features, conditions and improvements which do
not conform with the Site Development Standards contained herein and
which are proposed to continue as non -conforming. Application and site
plan shall be submitted on forms provided by and in accordance with
guidelines set forth by the Director of Community Development and
Planning. No application shall be forwarded to the Planning and Zoning
31 January 2000 30
CITY OF GEORGETOWN
ZONING ORDINANCE
Commission until all application and site plan submittal requirements
have been met.
b. Subsequent modifications to a site plan approved by the Planning and
Zoning Commission and City Council shall require new approval by such
Commission and Council. Further, any construction or reconstruction of
improvements shall be in accordance with an approved site plan. Such
approved site plan is necessary before a building permit or certificate of
occupancy may be issued by the Building Inspector for the construction or
reconstruction of improvements on such property subject to said zoning
amendment.
[Section 2.1105b shown as adopted by Ordinance 880014.00A.4 January 12, 1988; See
Appendix.]
2.1106 Procedures.
Except as provided herein the procedure to be followed in applications for rezoning
to R -O District shall be in accordance with Chapter 14, "Amendments", of the City
of Georgetown Zoning Ordinance, and such other procedural requirements of the
City Zoning Ordinance now in existence or hereafter amended.
[Section 2.11 shown as adopted by Ordinance #86-28]
Section 2.12 Agricultural District (A)
2.1201 Purpose and Intent. This district creates and preserves areas intended primarily for
agricultural purposes. It is not intended that this district provide a lower standard of
development than is authorized in other districts, but rather to require a standard of
development that is reasonable and sufficient for the uses allowed in this district by
providing zoning regulations for those properties located beyond the urban area. The
types of uses, area, and land use intensity authorized in this classification are
designed to encourage and protect both agricultural uses and nearby urban
development.
The district may also protect and provide open space buffers around those areas that
are unsuitable for urban development due to physical constraints, such as topography
and flooding, that are potential health, safety, or environmental hazards. In general,
the usage of land is restricted to low intensity agricultural uses.
31 January 2000 31
CITY OF GEORGETOWN
ZONING ORDINANCE
2.1202 Use Regulations. A building or premises shall be used only for the following
purposes:
A. Permitted Uses.
1. Single family residence and home occupations (refer to home occupation
conditions in Section 2.0301[2] of the Zoning Ordinance). Residential use
of temporary structures and vacation travel trailers is prohibited.
2. Churches, public parks, public buildings, and public utilities.
3. Golf courses, but not miniature golf courses or driving tees.
4. Artesian well, lake, boat docks, boat house, water supply, or reservoir.
5. Railroad right of way, tracks, bridges, water tanks, signals and other
appurtenances, but not including railroad yards, classification tracks,
storage tracks, passenger station, freight station, fuel oil tanks or mainten-
ance facilities.
6. Activities related to the keeping of animals, including horse stables and
the periodic occurrence of an auction, provided that auctions shall not
occur more than two dates within any six month period, and except as
regulated by Section 2.1202(B)(C) and (E).
7. Horticulture, aquaculture, row and field crops, dairying, pasturage,
apiculture, viticulture and floriculture.
&. Personal or commercial animal breeding and development, subject to
Section 2.1202 CO.
B. Special Permit Uses. Special permit uses shall require a public hearing and
favorable recommendation from the Planning and Zoning Commission and
public hearings and the approval by City Council. Such public hearings shall be
given in accordance with State law and Section 14 of the Zoning Ordinance. In
review of prospective special permit uses, the Commission and Council may
require a site plan to determine the effect of such proposed use upon adjacent
properties and the City as a whole and impose conditions of approval, relative
to the public health, safety, and welfare.
1. Transmitting towers and antennae for any radio or television broadcasting
station (for receiving or relay).
2. Kennels and Veterinary services.
3. Farmers markets and noncommercial public or private recreation and
entertainment generating site visitation, off-street parking, and potential
impact on adjacent property.
4. Animal processing, packing, treating, and storage, provided that these
activities are accessory and secondary to normal agricultural activities.
31 January 2000 32
CITY OF GEORGETOWN
ZONING ORDINANCE
5. Signs not greater than 20 square feet in area, advertising on-site uses only,
with the exception of real estate signs, which shall not exceed 32 square
feet in area. Real estate signs may only advertise property on which the
sign is located. Signs may not exceed a height of twenty (20) feet and may
not be located within any required yard. Signs shall not be illuminated or
contain reflective features that may be activated by vehicles nor contain
features that create motion, such as, but not limited to streamers and
hanging disks that are designed to be activated by the wind.
6. The retail sale of products produced on site, including fire wood, if
harvested on the site.
7. Childcare facilities.
8. Cemetery (in accordance with state law).
9. Airport or heliport.
10. Drilling for oil or natural gas or the extraction of sand, gravel or minerals;
provided that the operation is conducted in accordance with all applicable
municipal and state laws and regulations.
11. Greenhouses and nurseries not engaged in retail trade, other than that
associated with permitted home occupation uses.
C. Conditional Use. Upon the written verification to the Division of Development
and Planning that hogs will not be located within 200 feet of any property line,
the keeping of hogs shall be permitted.
D. Accessory Buildings and Uses. General accessory uses and structures shall be
permitted in accordance with Section 8 of the Zoning Ordinance. Structures
shall include, but not be limited to barns, silos, garages, and sheds.
E. Prohibited Uses. The following uses shall not be permitted within this zoning
district: commercial feed lots, animal waste processing, the packing or
processing of products, commercial repair garages, and sanitary landfills. The
aforementioned uses shall be deemed industrial and not agricultural uses. The
establishment of an auction/auction yard business shall be considered
commercial and is hereby prohibited in the A zoning district.
31 January 2000 33
CITY OF GEORGETOWN
ZONING ORDINANCE
2.1203 Development Regulations
A. Minimum Lot Size and Intensity of Use. There shall be a lot area of not less
than five (5) acres except where a lot has less area than herein required due to
the annexation of only a portion of the total amount of property held by any
given property owner.
Where a lot or tract has less than the required lot area of five acres and that lot
was landlocked by other property owners on the effective date of this ordinance,
the property may only be used in accordance with the RE zoning district
regulations (Section 2.13).
B. Minimum Lot Width. 200 feet, measured at the required front building line.
C. Minimum Lot Depth. 150 feet from front and rear property lines.
D. Height. No structure shall exceed 35 feet or two and one-half stories in height,
whichever is less.
E. Required Front
Yard. 50
feet, measured from the
front property line. When a
site has double
frontage,
50 foot front yards shall
be required on both streets.
F. Required Side and Rear Yards. 25 feet.
G. Off -Street Parking. Shall be required in accordance with Section 7.1 of the
Zoning Ordinance.
H. Lot Coverage. Primary and accessory structures shall not cover more than 30%
of the lot (tract) area.
I. Additional Requirements. Additional applicable development requirements in
Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists
between the requirements in this sub -section, and the requirements in Parts 5
and 6 of this ordinance, the requirements in this sub -section shall prevail.
Section 2.13 Residential Estate District (RE)
2.1301 Purpose and Intent. This district provides single family residential housing consistent
with the character and atmosphere typically found within the suburban residential
areas of the City. Special attention shall be given to overall design and location of
lots within this district to assure provision of open space and to maintain the area
free from more intensive land uses when the district has been established and is
developed.
31 January 2000 34
CITY OF GEORGETOWN
ZONING ORDINANCE
2.1302 Use Regulations. A building or premises shall be used only for the following
purposes:
A. Permitted Uses.
1. Single family residence and home occupations (refer to home occupation
conditions in Section 2.0301[2] of the Zoning Ordinance). Residential use
of temporary structures, mobile homes and vacation travel trailers is
prohibited.
2. Churches, public parks, public buildings, and public utilities
3. Golf courses, but not miniature golf courses or driving tees.
4. Artesian well, lake, boat docks, boat house, water supply, or reservoir.
5. Noncommercial recreation provided by a homeowners' association.
6. Railroad right of way, tracks, bridges, water tanks, signals and other
appurtenances, but not including railroad yards, classification tracks,
storage tracks, passenger station, freight station, fuel oil tanks or
maintenance facilities.
B. Special Permit Uses. Special permit uses designated in Section 3.1 of the
Zoning Ordinance for the RS zoning district shall be permitted in the RE
district in accordance with the provisions of said Section 3.1.
C. Conditional Uses. Upon written verification to the Division of Development
and Planning that the following conditions will be complied with, personal
animal raising of small animals, poultry, horses, cows, sheep, swine, and goats
shall be permitted:
1. Horses, cows, sheep, goats, and swine shall be permitted on lots and
parcels having a minimum size of one acre or greater. No more than a
total of two of any of the above said animals, or any combination of the
above said animals totaling two, shall be permitted per acre of lot. An
additional animal (from the above list) shall be permitted for each one-half
acre greater than the one acre minimum.
2. Poultry, rabbits, and other small animals may be raised for personal
consumption in accordance with the City Code.
3. Swine shall be permitted provided that requirements in Section 2.130201
are complied with and that the animals will at no time be located within
200 feet of any property line.
31 January 2000 35
CITY OF GEORGETOWN
ZONING ORDINANCE
4. The keeping of animals shall comply with all applicable deed restrictions.
D. Accessory Buildings and Uses. General accessory structures and uses shall be
permitted in accordance with Section 8 of the Zoning Ordinance,
2.1303 Development Regulations
A. Minimum Lot Size and Intensity of Use. There shall be a lot area of not less
than one acre.
B. Minimum Lot Width. 100 feet, measured at the required front building line,
except when a lot fronts on a cul-de-sac, the lot must have a minimum width of
60 feet at the front yard setback line and a minimum width of 100 feet at all
points 100 feet or more behind the front lot line.
C. Minimum Lot Depth. 125 feet from front and rear property lines.
D. Height. No building shall exceed 35 feet or two and one-half stories in height.
E. Required Front Yard. 40 feet, measured from the front property line.
F. Required Exterior Side Yard (Side yard Adjacent to Street). 25 feet.
G. Required Interior Side Yard (Non-streetside side yards). 10 feet.
H. Required Rear Yard. 20 feet.
I. Building Coverage. Maximum coverage of 25% of the lot area or 10,000 square
feet, whichever is less.
J. Impervious Coverage. Maximum coverage of 30% of the lot area.
K. Off -Street Parking. Shall be require in accordance with Section 7.1 of the
Zoning Ordinance.
L. Additional Requirements. Additional applicable development requirements in
Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists
between the requirements in this sub -section, and the requirements in Parts 5
and 6 of this ordinance, the requirements in this sub -section shall prevail.
[Section 2.12 and 2.13 shown as adopted by Ordinance #870473.00A]
31 January 2000 36
CITY OF GEORGETOWN
ZONING ORDINANCE
Section 2.14 Residential Manufactured Home (R. -MH)
2.1401 Purpose and Intent. This district provides for the use of single family manufactured
housing, as defined in this ordinance, on leased space within a Manufactured Home Park.
2.1402 Use regulations. A building or premises shall be used only for the following purposes:
A. Permitted Uses.
1. Manufactured Home Park, with all attendant services and facilities.
2. Single Family residences on individual lots, both site built and manufactured.
3. All other uses permitted in the R -S district.
B. Conditional Uses
1. Mobile homes, as defined in Section 18 of this ordinance, are prohibited from
being located within a Manufactured Home Park or on an individual single
family residential lot unless the City Council agrees to the relocation of a unit
that was legally located within the City limits prior to the adoption of this
ordinance.
C. Accessory Buildings and Uses. General accessory structures and uses shall be
permitted in accordance with Section 8 of the Zoning Ordinance.
2.1403 Development Regulations
A. The following are minimum development standards for a Manufactured Home Park
parcel:
1) Parcel requirements:
a.) Minimum size. 5 acres
b) Minimum width. 100 feet
c) Minimum depth. 120 feet
d) Building setbacks.Front - 25 feet
Side - 15 feet
Rear - 20 feet
e) Coverage. Up to 50% impervious coverage
Up to 35% building coverage
2) The following are minimum development standards for a Manufactured Home
Park individual lease space:
a) Minimum size. However, all setbacks and other development requirements
must be met.
b) Minimum width. No minimum
31 January 2000 37
CITY OF GEORGETOWN
ZONING ORDINANCE
c) Minimum depth. No minimum
d) Building setbacks.Front - 25 feet
Side - 15 feet total building separation, zero -lot
line arrangement permitted.
Rear - 20 feet
3) Parking. 2 spaces per dwelling unit. Must meet all requirement of Section 7 of this
Ordinance.
4) Additional Requirements. Additional applicable development requirements in
Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists between
the requirements in this sub -section, and the requirements in Parts 5 and 6 of this
ordinance, the requirements in this sub -section shall prevail.
5) Building height. Shall not exceed 40 feet or three (3) stories.
B. The following conditions also apply to development of a Manufactured Home Park:
1) A Detailed Development Plan, as defined by the Subdivision Regulations and
meeting all of the development criteria of that ordinance, must be reviewed by the
Planning and Zoning Commission and approved by the City Council.
2) Installation of a manufactured home must meet the manufacturers recommended
installation requirements and must be performed by a State licensed installer. If
those requirements cannot be obtained, installation must meet the State standards.
Every effort shall be made to minimize the distance between the home and the
ground, providing for only the minimum crawl space necessary to access the
undercarriage of the unit. State inspection of the installation must be made. In
addition, the property owner shall cause an inspection of the installation in
accordance with the City Building Code to be made by the City Building Official
prior to habitation of the housing unit.
3) Skirting or underpinning of the manufactured home unit is required to be of
durable material that is complementary to the manufactured home unit. The
property owner must ensure that any screening device is kept in good repair and
condition for the life of the use.
4) Manufactured homes within parks must be individually metered for usage of City
of Georgetown water.
5) All streets within the park must be constructed to public standards within a
dedicated public right-of-way with the exception that a minimum pavement area
of 28 feet curb face to curb face is permitted.
6) The location of any park must be a minimum of 500 feet from the IH -35 right-of-
way. The City Council may choose to waive this requirement if they approve a
Detailed Development Plan of an expansion of an existing park that is located
within this area.
7) Any expansion of an existing
mobile home
park or manufactured home park
must
meet the standards for a new
manufactured
home park, however any existing
park
31 January 2000 38
CITY OF GEORGETOWN
ZONING ORDINANCE
not meeting these design criteria may continue operation provided the criteria of
Chapter 4 of this ordinance continues to be met.
[Section 2.14 as shown amended by Ordinance 98-10]
31 January 2000 39
CITY of GEORGETOWN
ZONING ORDINANCE
PART THREE: SPECIAL PERMITS AND RESTRICTED USES
Section 3.1 Certain Uses May Be Located By Special Permit
3.101 Uses listed in 3.102 may locate in certain districts under certain conditions by a
special permit granted by the City Council after a report and recommendation by the
City Planning and Zoning Commission. After receiving an application for permit, the
City Planning and Zoning Commission and the City Council, jointly, shall hold a
public hearing to determine the effect of such proposed use upon the neighborhood
character, traffic, public utilities, public health, public safety and general welfare.
Such public hearing shall be given in accordance with State Statutes and the section
of this Ordinance regulating the rezoning of property.
3.102 Uses for which special permits may be secured, conditions that must be observed,
and district in which use may be allowed are:
Nursery, pre -kindergarten, kindergarten,
other private schools and child care
facilities located at churches and schools
Greenhouses & Nurseries not primarily
engaged in retail trade
Heliport & Airport
Open Kennels
Convalescent or Rest Homes
Trailer or Mobile Home Parks
Drive-in Theatres
Specific Conditions Districts
The Planning & Zoning
Commission must find that
sufficient buffering separates the
use from nearby residences and
that the site development meets
the spirit and intent of design
standards for similar facilities
As prescribed by the City
Planning & Zoning Commission
Must have prior approval of Civil
Aeronautics Administration
As prescribed by the City
Planning & Zoning Commission
As prescribed by the City
Planning & Zoning Commission
As prescribed by the City
Planning & Zoning Commission
Must be approved by State
Highway Department when on or
near a State Highway and as
prescribed by the City Planning &
Zoning Commission
31 January 2000 40
Any
Any
Any
Any except
R -S & R -P
Any
C -2A &
C -2B
C-1
Use
Two-family Dwellings
Clubs, Lodges, Fraternities & Sororities
where the chief activity is not a business
Sand & Gravel Pits
Specific Conditions
Will not adversely affect or alter
character of existing single-family
uses in immediate area. The lots
comprising not less than forty
(40) percent of the frontage of the
block face where the two-family
dwelling or dwellings are
proposed and of the block face
opposite thereto are vacant
As prescribed by the City
Planning & Zoning Commission
As prescribed by the City
Planning & Zoning Commission
Section 3.2 Certain Uses Are Subject To Restrictions
CITY OF GEORGETOWN
ZONING ORDINANCE
District
1M9
R -S & R -P
Any
3.201 The following uses are permitted, subject to the stated restrictions
A. Child Care Facilities. Child care facilities are permitted subject to state regulations
and the restrictions in this section. The owner of a child care facility required to be
registered with the state shall register the facility annually with the City. City
registration shall also include providing evidence of state registration and
certifying that all State and local requirements are being met at the facility.
City registration shall expire if regulated child care in conformance with these
regulations is not conducted at the registered site within six months of local
registration.
Child care facilities in RS, RM -1, RO, RE and A zoning districts may only
operate between the hours of 6 a.m. and 7 p.m. Child care facilities in RM -2 and
RM -3 zoning districts may only operate between the hours of 6 a.m. and 10 p.m.
The hours of operation for child care facilities in C-1, C -2A, C -2B and I zoning
districts are not limited.
All child care facilities shall provide at least as much outdoor play area and indoor
activity space per child as required by the state for licensed day care centers. All
outdoor play areas shall be located behind front building lines and a 6 ft. tall
opaque screen shall be provided to screen abutting property that is zoned RS at the
time the child care facility is established.
1. Home child care.
a. Number of children. The number of children cared for in a home child
care facility shall comply with the state regulations for registered family
homes.
b. Number of employees. A home care facility shall employ only residents of
31 January 2000 41
CITY OF GEORGETOWN
ZONING ORDINANCE
the premises, including all paid and unpaid care providers.
c. Separation. Home care facilities located in RS districts shall be separated
from other child care facilities in that district by not less than 600 feet.
Separation is defined as the distance, measured in a straight line, from the
nearest property line of the proposed facility to the nearest property line of
an existing facility within a continuous RS district. Upon the
recommendation of the Commission, the Council may grant exceptions to
this rule upon finding that such exceptions do not contribute to the
proliferation of child care facilities within a neighborhood. Said findings
may be based on the separation of facilities by features that tend to demark
the edge of a neighborhood, including but not limited to major roads,
rivers, zoning districts and railroad rights -of --way.
d. Signs. In RS, RM -1, A and RE districts, home child care facility signs are
limited to the sign area allowed for home occupations.
e. Off-street parking. Two off-street parking spaces are required for home
child care facilities.
2. Intermediate child care.
a. Number of children. The number of children cared for in an intermediate
child care facility shall comply with the state regulations for group day
care homes.
b. Number of non-resident employees. A maximum of 2 non-resident
employees may work at an intermediate care facility.
C, Signage shall be in accordance with the regulations for the district in
which the facility is located.
d. Off-street parking and loading. Four off-street parking spaces and a paved,
off-street drive-through loading zone with a minimum width of ten (10)
feet and a holding capacity of at least three 18 ft. long vehicles, exclusive
of parking spaces, shall be provided for each intermediate child care
facility.
3. Day Care Centers
a. Number of children. The number of children cared for in a day care center
shall comply with the state regulations for day care centers.
b. Off-street parking and loading. Day care centers shall provide two off-
street parking spaces plus on off-street parking space for every 500 sq. ft.
of heated area in the facility. Loading zones must be off-street, drive-
through and paved to a minimum width of ten feet and a maximum width
of 20 feet. Loading zones shall have a holding capacity of one vehicle per
500 square feet of heated area in the facility, exclusive of parking spaces,
provided that no facility shall be required to have a loading zone with a
capacity in excess of six spaces for 18 ft. long vehicles.
B. Model Homes. As used herein, a Model Home is defined as a single family or
duplex housing unit typical of the style available for sale in a particular
31 January 2000 42
CITY OF GEORGETOWN
ZONING ORDINANCE
subdivision, but used for display or sales of new residences. The following
conditions must be met before the Model Horne use will be permitted:
1. A Model Home may be located within any zoning district provided it is located
within the legal subdivision for which lots are being sold. In addition, the
business occupying the Model Home shall only market homes within the legal
subdivision in which the Model Home is located. (For example, a Model Home
built in New Subdivision, Phase I cannot market homes located in New
Subdivision, Phase II or in Other Subdivision, Phase I, etc.)
The following exceptions to Section No. 1 shall apply:
a. The City may extend the permit for a model home which has been
constructed to market one phase of a phased development to market new
phases of the same development when this results in no increase in the
total number of model homes within all of the phases and is less intrusive
to the developing neighborhood by maintaining the most direct access to
the model home from outside of the neighborhood;
b. 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 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;
C, A model home constructed to market one legal subdivision may be
granted a transitional permit to market a new legal subdivision for the
period during which a new model home is being constructed in the new
legal subdivision. Such transitional permit shall be valid for a period not
to exceed six months.
2. A conditional Certificate of Occupancy permit to operate the Model Horne as a
sales office will expire after 12 months unless it is renewed by the respective
business, upon which the burden shall lie to demonstrate that the conditions of
approval still exist. The Building Official will then evaluate the renewal
request and determine its status. An unlimited number of extensions can be
applied for and considered.
3. Construction of the Model Home must be consistent with the character of the
subject neighborhood. Signage must comply with the Sign Regulations for the
Zoning District in which the Model Home is located.
4. Operation of the Model Home must comply with the City Municipal Code with
regard to noise nuisance. Any lighting should operate such that it does not
create a nuisance to neighboring residences or create a traffic hazard,
5. A conditional construction permit for the Model Home may be issued once the
31 January 2000 43
CITY OF GEORGETOWN
ZONING ORDINANCE
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.
6. The Model Home must be constructed in such a manner that it can be
converted, without structural changes, and used as a single family or duplex (if
applicable) residence after its use as a Model Home has ceased. This includes
the provision of adequate off-street parking outside the front building line.
7. There is no restriction on the number of Model Homes permitted in each
subdivision.
8. A temporary building for use as a sales office is permitted on a 12 month basis,
subject to the renewal policy outlined for Model Homes, only if a model home
has not been constructed. Once a Model Home has been constructed, the
temporary building must be removed.
9. If the operation of the Model Home or temporary building used as a sales office
violates any of these or other City Ordinances, the Certificate of Occupancy
shall be revoked, unless satisfactory compliance is achieved.
C. Construction Oversight Offices. As used herein, a Construction Oversight Office
is defined as a temporary building used for the oversight of construction of new
structures within the subdivision in which the Construction Oversight Office is
located. The fallowing conditions must be met before the Construction Oversight
Office use will be permitted:
1. A temporary building for use as a construction oversight office is permitted on
a 12 month basis, subject to the renewal policy outlined for Model Homes. One
construction oversight temporary building shall be allowed for each builder in a
subdivision in which that builder has the authority to construct structures.
2. If the operation of the temporary building used as a construction oversight
office violates any City Ordinances, the Certificate of Occupancy shall be
revoked, unless satisfactory compliance is achieved.
[Sections 3.20LB and 3.201.0 shown as adopted by Ordinance 996-07]
31 January 2000 44
CITY of GEORGETOWN
ZONING ORDINANCE
PART THREE A: SPECIAL PERMITS AND RESTRICTED USES
CONCERNING WIRELESS COMMUNICATION FACILITIES
Section 3A.1 Definitions
Only for the purpose of this part of the Zoning Ordinance, the following words and
phrases shall have the meaning ascribed to them as follows:
A. Alteration means any modification, replacement, or reconstruction that
materially increases the Height or the dimension of a Tower structure.
B. Antenna means 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.
C. Back
haul means to transmit data/signals through a wire
line,
microwave or
other
interconnection from the Antenna to the wire -line
local
exchange
telephone loop.
D. Calendar day means any day including Saturday, Sunday, and scheduled
holiday designated by City Council.
E. Collocation means the use Of a single support structure by more than one
wireless communication service provider.
F. Communication tower (Tower) means 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.
(Towers that are supported, in whole or in part, by guy wires and ground
anchors are not allowed in the City).
G. Director Director means the Director of Development Services for the City of
Georgetown, Texas, or his or her designated representative.
31 January 2000 45
CITY OF GEORGETOWN
ZONING ORDINANCE
H. Electric substation and electric substation structure means all enclosed
property and structures within any electric public utility substation.
I. Equipment enclosure is defined as a small structure, shelter, cabinet, or
vault used to house and protect the electronic equipment necessary for
processing wireless communication signals. Associated equipment may
include air conditioning and emergency generators.
J. Existing nonresidential structure is any existing nonresidential structure,
such as a water tower, commercial building or electric utility tower to
which an Antenna may be attached.
K. Grade means the lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building or
structure and a line five (5) feet from the building or structure.
L. Height of building or structure means the vertical distance above a
reference datum measured to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the average height of the highest
gable of a pitched or hipped roof. The reference datum shall be selected by
either of the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface
within a five-foot horizontal distance of the exterior wall of the building
when such sidewalk or ground surface is not more than ten (10) feet
above the lowest Grade; or
2. An elevation ten (10) feet higher than the lowest Grade when the
sidewalk or ground surface described in item (1) above is more than ten
(10) feet above lowest Grade.
The Height of a stepped or terraced building is the maximum Height of
any segment of the building.
M.
Height
of a wireless communication
facility
(Height) means
the vertical
distance between the finished Grade
at the
base of the WCF
or tower or
the lowest point of contact with the building, and the highest point of the
WCF structure, including the Antennas.
N. Historic district structure or site is defined as any district, structure or
site designated as historic by any lawfully authorized local, state or
federal historic preservation entity or governmental entity, including the
City.
O. Residential structure means any structure that is at least 50% built,
31 January 2000 46
CITY OF GEORGETOWN
ZONING ORDINANCE
designed, or altered to provide living accommodations and at least 50% of
the building's intended use is residential.
P. Residentially zoned property is any piece of real estate located within any of
the following districts: Agricultural, Residential Estate, Single Family,
Multi -Family, Dense Multi -Family, Residential Planned, and Residential
Office Districts. For purposes of this section of the zoning ordinance,
residentially zoned properties are excluded from this definition, if such
properties are solely developed for streets and related right-of-way uses.
Q. Wireless communication facility (WCF) means an unstaffed facility for the
transmission and reception of radio, microwave or electromagnetic signals
used for commercial communication by a wireless communication service
provider. WCFs are composed of one or more of the following components:
1. Antenna;
2. Equipment Enclosure;
3. Security barrier; and/or
4. Communication Tower.
R. Wireless communication service provider (Service Providers) means 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.
Section 3A.2 Locations on and in the vicinity of the San Gabriel River and Interstate Highway 35
Corridors or Historic Districts, Structures, and Sites To protect the City's natural
beauty and historic character:
A. WCFs with Towers may not be built within a one-half (2) mile or 2,640 foot
radius measured from the property line of the Williamson County Courthouse
located at 710 Main Street at the center of Georgetown's historic square.
B. WCFs with Towers may not be built within a five hundred (500) foot radius
of any district, structure or site designated Historic by any other lawfully
authorized local, state or federal historic preservation agency or entity by law,
including the City.
C. WCFs may not locate on existing structures designated as Historic.
D. WCFs with Towers may not locate within five hundred (500) feet of the
centerline of the San Gabriel River.
E. WCFs with Towers may not locate within five hundred (500) feet of the
Interstate Highway 35 right-of-way. The restrictions of this section apply to all
areas within the City limits except for properties and structures owned by the
City of Georgetown. Location of a WCF on a municipally -owned property or
31 January 2000 47
CITY OF GEORGETOWN
ZONING ORDINANCE
facility is subject to approval by the City Council,
Section 3A.3 Locations and Limitations for WCFs without Special Use Permits
A. WCFs with Towers may locate, without a Special Use Permit, within
Industrial Districts if the Tower Height does not exceed one hundred twenty
(120) feet.
B. WCFs with Towers may locate, without a Special Use Permit, within
Commercial -Second Height and Commercial -First Height Districts if the
Tower Height does not exceed forty (40) feet.
C. WCFs may locate, without a Special Use Permit, on the roof of any
nonresidential and non -historic building, within any zoning district, provided
the WCF does not exceed, by ten feet, the lesser of the Height of the Building
or Structure or the Height limits of the district in which it is located.
D. WCFs may mount, without a Special Use Permit, on the exterior of any
nonresidential and non -historic building, within any zoning district, provided
the Antenna or Antenna support structure or equipment:
1. Is mounted flush with the exterior of the building or that it projects no
more than 24 inches from the surface of the building to which it is
attached and does not exceed Height restrictions established in this part
of the Zoning Ordinance and that said projection is at least 15 feet above
Grade; and
2. Is textured and colored so as to blend with the surrounding surface of the
building.
E. WCFs are allowed, without a Special Use Permit, on existing towers or tanks,
utility, lighting standard, sign support or other appropriate structures provided
that the Antennas or related equipment or structures do not exceed, by ten (10)
feet, the lesser of the Height of the Structure or the Height limits of the
highest permitted structure in the district in which it is located.
F. WCF Towers are allowed within any Electric Substation, within any zoning
district, provided that the Antennas or related equipment or structures do not
exceed, by ten (10) feet, the lesser of the Height of the Structure or the Height
limits of the highest permitted structure in the district in which it is located.
G. WCFs, with or without Towers, are allowed on municipally -owned properties
and structures subject to approval of a lease by the City Council specifying
WCF location, design, and other restrictions.
WCFs may locate in the areas mentioned in items A -F within this section
provided they comply with all other standards regarding Height requirements;
Collocation; Historic Districts, Structures or Sites; Residential Structures
Residentially Zoned Property; setbacks and site development and submittal
31 January 2000 48
CITY OF GEORGETOWN
ZONING ORDINANCE
requirements of the Zoning Ordinance. To locate within or on an area related
to item G, the applicant must first receive approval from the City Council.
Section 3A.4 Locations and Limitations for WCF Towers with a Special Use Permit WCFs with
Tower Heights that exceed one hundred twenty (120) feet shall be allowed within
Industrial Districts by a Special Use Permit only.
WCFs may locate, with a Special Use Permit, within the districts mentioned within
this section provided they comply with all other standards regarding Height
requirements; Collocation; Historic Districts, Structures or Sites; Residential
Structures; Residentially Zoned Property; setbacks and site development and
submittal requirements of the Zoning Ordinance.
Section 3A.5 Collocation
A. To minimize the number of WCFs to be sited, applicants should cooperate
with other Service Providers in Collocating additional Antennas on existing
Towers and/or structures to the extent that Collocation is reasonably
economical and technically feasible. An applicant should exercise good faith
in Collocating with other providers and sharing the permitted site. Such good
faith shall include sharing technical information to evaluate the feasibility of
Collocation.
B. Service providers should, to the maximum extent feasible, promote
Collocation of Antennas by multiple providers through the use of
nonexclusive agreements for Antenna sites, relocation and reconfiguration of
Antennas to accommodate additional users, utilization of current technology
to maximize Antenna separation and minimize Antenna/Tower Height and
obtrusiveness, and ensure building support structures are of sufficient
strength.
C. The City encourages that each WCF Tower be constructed in such a way that
the structure can support additional Antenna systems having the same or
similar wind and weight loading characteristics of those that are proposed by
applicant. Tower space on existing WCF Towers should be provided on a
reasonable, proportioned cost basis to other Service Providers who seek use of
the structure, unless it would result in the creation of a level of radio
frequency interference which would degrade applicant's services.
Section 3A.6 Setback Distance Requirements of WCF Towers from Residential Structures and
Residentially Zoned Properties
A. No permit for a Tower shall be approved or issued unless the proposed WCF
is in compliance with the applicable provisions governing setback distance
requirements, which are as follows:
31 January 2000 49
CITY OF GEORGETOWN
ZONING ORDINANCE
Monopole Towers. The distance between the base of a single Monopole, and
all Residential Structures or Residentially Zoned Property must not be less
than:
a. the Height of Tower for structures under sixty (60) feet;
b. one and one-half (1 - 1/2) times the Height of the WCF structure if the
Height of that WCF structure is over sixty (60) feet, but not over ninety
(90) feet;
C, two (2) times the Height of the WCF structure if the Height of that WCF
structure is over ninety (90) feet, but not over one hundred five (105)
feet;
d. two and one-half (2-1/2) times the Height of the WCF structure if the
Height of that WCF structure is over one hundred five (105) feet, but not
over one hundred twenty (120) feet; or
e. three (3) times the Height of the WCF structure if the Height of that
WCF structure is over one hundred twenty (120) feet.
B. All distance measurements referred to in this section shall be the distance of a
straight horizontal line from the center of the base of the WCF to the center of
the residential lot minus fifty (50) feet or the closest residential property line,
whichever results in the greatest distance from the WCF and the nearest outer
wall of a Residential Structure or Residentially Zoned Property Line.
C. Safety issues will be fully addressed by applicants for a WCF siting. WCFs
should be located in such a manner that if the structure should fall along its
longest dimension it will remain within the owned or leased property
boundaries of the Service Provider and will avoid structures, public streets,
and utility lines. If a proposed WCF has a potential for affecting a nearby
property or structure upon collapse or scattering of equipment debris, the
situation must be addressed by applicant.
D. Property uses and distances
referred to
in this
section shall be determined as
of the date and time that the
completed
WCF
permit application is filed.
E. Equipment enclosures shall be set back from the property line according to the
applicable regulations.
Section 3A.7 Fencing Requirements
A. The base of a WCF with a Tower, including all mechanical equipment and
accessory structures, must be completely enclosed by a fence, wall, or barrier
which limits climbing access to such WCF and any supporting systems, lines,
wires, buildings or other structures. The base must be fully screened from
view of Residential Structures, Residentially Zoned Properties, or public
roadways by a substantially opaque screening fence designed and built to
31 January 2000 50
CITY OF GEORGETOWN
ZONING ORDINANCE
provide privacy.
B. The fence shall be a minimum height of eight (8) feet and consistent in color
and character to surrounding structures and properties.
C. The fencing shall have no openings, holes, or gaps larger than four (4) inches
measured in any direction.
D. The fencing may contain gates or doors allowing access to the WCF and
accessory structures for maintenance purposes; such gates or doors shall be
kept completely closed and locked except for maintenance purposes and shall
be located so that all gates and doors do not intrude into the public right-of-
way.
E. The requirements of this section do not apply to:
1. WCFs located on buildings or structures that are not designed or built
primarily to support WCFs, provided that the general public has no
physical access to the WCFs and adequate safety measures are taken to
prevent access by unauthorized people;
2. legally existing WCFs having security fences at least six (5) feet in
height and
3. WCFs with Towers that are sufficiently camouflaged or disguised such
that the City determines that a security fence is unnecessary and/or
would cause the Tower to be unnecessarily more obtrusive.
Section 3A.8 Maintenance and Inspection
A. The owner or operator of a WCF shall be responsible for the maintenance of
the WCF and shall maintain all buildings, structures, supporting structures,
wires, fences, or ground areas used in connection with a WCF in a safe
condition and in good working order, as required by city building, fire, or any
other applicable codes, regulations or ordinances or to standards that may be
imposed by the City at the time of the granting of a permit. Such maintenance
shall include, but shall not be limited to, maintenance of the paint,
landscaping, fencing, Equipment Enclosure, and structural integrity. If the
City finds that the WCF is not being properly maintained, the city will notify
the owner of the WCF of the problem. If the applicant fails to correct the
problem within thirty (30) days after being notified, the City may undertake
maintenance at the expense of the applicant or revoke the permit, at its sole
option.
B. By applying for a WCF permit under this article, the applicant specifically
grants permission to the City, its duly authorized agents, officials, and
employees, to enter upon the property for which a permit is sought, after first
31 January 2000 51
CITY OF GEORGETOWN
ZONING ORDINANCE
providing a reasonable attempt to notify a person designated by the applicant,
except in the event of an emergency, for the purpose of making all inspections
required or authorized to be made under this part of the Zoning Ordinance.
The City may require periodic inspections of WCFs to ensure structural
integrity and other code compliance. Based upon the result of an inspection,
the City may require repair or removal of a WCF.
Section 3A.9 Radio Frequency Standards
A. The applicant shall comply with federal standards for radio frequency
emissions and must submit a signed statement that the proposed site fully
complies with federal standards for radio frequency emissions. The City
reserves the right to request that the applicant submit a sealed report from a
registered radio frequency engineer which provides the estimated cumulative
field measurements of radio frequency emissions of all Antennas installed at
the subject site and compares the results with established federal standards.
Said report shall be subject to review and approval by the City for consistency
with federal standards. If on review the City finds that the proposed or
established WCF does not meet federal standards, the City may deny or
revoke the permit, whichever is applicable at the time.
B. The applicant shall ensure that the WCF will not cause localized interference
with the reception of area television or radio broadcasts, or other legally
existing WCFs. If on review the City finds that the WCF will interfere with
such reception, it may deny the permit. If such interference occurs after the
permit is issued and the problem is not corrected within sixty (60) days, the
City may revoke or modify the permit.
Section 3A.10 Site Development Standards and Submittal Requirements
A. WCFs shall conform to the following site development standards:
1. All Towers must be of Monopole construction and be as least obtrusive
as possible. At a minimum, antennas must be flush with the tower;
2. To minimize potential safety hazards, WCFs with Towers shall be
setback from Residential Structures or Residentially Zoned Property
lines as required in Section 6;
3. All lots, on which WCFs are located, must have access to a public right-
of-way accepted by the appropriate governmental agency.
4. WCFs shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures
so as to:
31 January 2000 52
CITY OF GEORGETOWN
ZONING ORDINANCE
a. Use existing site features to screen as much of the total WCF as
possible from public view;
b. Use existing site features as a background so that the total WCF
blends into the background with increased sight distances; and
c. To the degree technically feasible, locate on a portion of the site
that is effectively isolated from view of residential areas by
structures or terrain features unless the WCFs are integrated or act
as an architectural element of the structure such as a flag pole or
parking lot light or are effectively screened through installed
landscaping or other acceptable screening.
5. WCFs with Towers viewable from a Residential Structure, Residentially
Zoned Property or public roadway shall be landscaped along the
perimeter of the WCF fencing. Further, the use of existing vegetation
shall be preserved to the maximum extent practicable and may be used
as a substitute for or in supplement towards meeting landscaping
requirements. The installed landscaping requirements include:
a. A row of shade trees a minimum of one (1") inch caliber shall be
planted around the perimeter of the fence with a maximum spacing
of 10 feet;
b. A continuous hedge of one gallon sized (minimal) evergreens shall
be planted along the perimeter of the WCF; and
C, All landscaping shall be drought -resistant or irrigated and properly
maintained to ensure good health and viability.
The City may waive landscaping requirements if the design of the WCF
Tower is such that landscaping would cause the Tower to be more
obtrusive, if the Tower is integrated or acts as an architectural element of
a structure such as a flag pole, parking lot light, bell tower, or other
similar structure and/or the City determines landscaping to be
unnecessary.
6. WCFs with Towers shall conform to the fence standards established in
Section 7 of this part of the Zoning Ordinance.
7. Equipment Enclosures of a WCF, which may be seen from a Residential
Structure, Residentially Zoned Property or public roadway, is
encouraged to be located underground, if site conditions permit. If the
Equipment Enclosure is not put underground, then it must be within the
31 January 2000 53
CITY OF GEORGETOWN
ZONING ORDINANCE
building in which the Antenna is mounted or in a separate Equipment
Enclosure which matches the existing building or surrounding structures
in character and building materials.
8. All signs, flags, lights, and attachments other than those required for
communications operations, structural stability, or as required for flight
visibility by the Federal Aviation Administration (FAA) and Federal
Communications Commission (FCC) shall be prohibited on any WCF;
9. Applicant shall identify to the City any structures in the vicinity which
the applicant investigated for possible use that have not been addressed
otherwise in the application.
B. All Service Providers wishing to operate a WCF shall ensure and submit
documentation demonstrating:
1. That the Tower will be erected and operated in compliance with current
FCC and FAA rules and regulations and other applicable federal, state,
and local standards particularly as apply to the Georgetown Municipal
Airport;
2. That all Back Haul providers are identified and have all the necessary
approvals to operate as such, including holding necessary franchises,
permits, and certificates;
3. A notarized statement signed by the WCF Tower operator, the Tower
owner and the landowner that indicates:
a. The extent to which all agree to allow Collocation of additional
WCF equipment by other Service Providers on the applicant's
structure or within the same site location on a reasonable and non-
discriminatory basis;
b. An understanding of Section 8 of this part of the Zoning Ordinance
relating to Maintenance and Inspections.
C. An understanding that if the service provider fails to remove the
WCF upon sixty (60) days of its discontinued use, the
responsibility for removal falls upon the landowner, and in the
event the WCF is not removed within another sixty (60) days, the
City may remove the WCF and recover the costs associated with
such removal from the landowner and place a lien on the property
until such costs are paid.
Service Providers shall submit updated notarized statements as
31 January 2000 54
CITY OF GEORGETOWN
ZONING ORDINANCE
required above whenever ownership or operators change.
4. A certification and sealed report from a registered professional engineer
stating that all structural components of the WCF comply with all
applicable codes and regulations. In the case of WCF Towers, the report
should further note the extent to which the Tower is designed and/or
built to accommodate Collocation.
C. Service Providers wishing to establish a WCF shall:
1. Secure all necessary approvals and permits needed to operate or
construct a WCF within the City;
2. Fully and accurately complete a questionnaire supplied by the City;
3. Comply with all ordinances of the City;
4. Pay all related development and permit application fees;
5. Reimburse the City for actual costs incurred by the City for radio
frequency evaluations, structural engineering reviews and/or any other
services that the City may deem necessary to review and process the
application; and
6. Provide the City with:
a. A master Antenna plan, including detailed maps:
(i) Showing the precise locations and characteristics of the
proposed and all existing WCFs in the City and in its
extraterritorial jurisdiction (ETJ);
(ii) Indicating coverage areas of the proposed and existing sites
within the City and its ETJ; and
(iii) Showing topography of proposed site.
Updates of the above documents shall be filed with the City as they
become available;
b. Photo simulations of the proposed WCF from varying points and
distances, including affected residential properties and public
rights-of-way. The photo simulation shall also include a diagram or
map indicating points from where the photo simulations are taken;
and
C, Site and landscaping plans indicating:
(i) The specific placement of the WCF and all related structures
31 January 2000 55
CITY OF GEORGETOWN
ZONING ORDINANCE
on the site;
(ii) The location of existing trees, and other significant site
features;
(iii) The type and location of landscaping proposed for screening;
(iv) The color(s) for the WCF; and
(v) Architectural and structural drawings for the proposed site.
Section 3A.11 Notice Requirements for a WCF Permit
A. The notice requirements of this section apply only to applications for which a
public hearing is required and if the proposed WCF Tower is within two
hundred feet (200) or a distance equal to twice the Height of the proposed
WCF, whichever is greater, of a Residential Structure or Residentially Zoned
Property,
B. The applicant for a WCF permit must post and use reasonable efforts to
maintain a sign on the subject WCF site for a minimum of thirty (30)
Calendar Days beginning no later than the sixth Calendar Day following the
date of the filing of the required completed application with the City. The sign
shall be posted no less than fifteen (15) feet from the public right-of-way that
is used as access to the WCF site. The sign shall face and be legible from the
public right-of-way. The sign shall contain at a minimum the following items
of information:
1. That this is the proposed site of a WCF;
2. The proposed maximum Height above Grade of the proposed WCF;
3. The WCF permit application number assigned to this project by the City
of Georgetown; and
4. The telephone number of the City of Georgetown where additional
information concerning this proposed WCF may be obtained.
The applicant shall remove the sign from the subject WCF site after (I) the
permit is obtained or (ii) the appeals process is complete.
C. Written notice of the filing of each application for a WCF permit shall be
given to the owners, as is indicated by the most recently approved tax rolls, of
all property within a distance of two hundred (200) feet, or a distance that is
equal to twice the Height of the proposed WCF, whichever is greater, from the
proposed WCF site. The required written notice, which will be mailed out by
the City, shall be in a form prescribed by the director and shall be mailed by
depositing the same in the United States Mail. The required notice shall be
mailed no later than the tenth Calendar Day following the filing of the
31 January 2000 56
CITY OF GEORGETOWN
ZONING ORDINANCE
required fully -completed application.
D. Written notice shall be published by the City at least once in a local
newspaper of general circulation within the City not later than the seventh
Calendar Day following the date of filing of the required completed applica-
tion. Such notice shall be published in the section of such newspaper in which
other legal notices are commonly published.
E. The "written notice" required in subsection [C] above shall include, at a
minimum, the following:
1. The name, signature, address, and telephone number of the person or
entity representative that will own the proposed WCF structure;
2. The name, address, and telephone number of the applicant if different
from the owner of the proposed WCF;
3. The approximate proposed location of the WCF structure, including the
street address (or nearest street intersection) and the name of the
subdivision or survey if there is no recorded subdivision;
4. The proposed use of the WCF structure and site;
5. The proposed maximum Height above Grade of the proposed WCF
structure; and
6. That additional information may be obtained by writing or telephoning
the office of the Director, including the telephone number.
Section 3A.12 Permitted Hours for Construction
Construction, placement, removal, or Alterations to a WCF shall not be performed
except between the hours of 7:00 a.m. and 9:00 p.m. of any day, except in a bona
fide emergency.
Section 3A.13 Permit Limitations
A. Any City permit, including the Special Use Permit, shall become null, void
and non-renewable if the permitted WCF is not constructed within one year of
the date of issuance, provided that the Special Use Permit may be extended
one time for six months if construction has commenced before expiration of
the initial year.
B. The applicant/permittee of a WCF shall expressly indemnify, protect, and
31 January 2000 57
CITY OF GEORGETOWN
ZONING ORDINANCE
hold the City harmless to the maximum extent allowed by law. No exceptions
to this requirement shall be allowed.
C. Any City permit, including a Special Use Permit, for a WCF shall expire and
the applicant must remove the WCF if it is not put into use within one
hundred twenty (120) days after construction or if use is discontinued for a
period in excess of one hundred twenty (120) days. If the WCF is not so
removed, the City may cause the WCF to be removed and all expenses of
removal shall be paid by the owner of the land where the WCF is located.
D. The applicant shall notify the Director of all changes in ownership or
operation of the WCF Tower within thirty (30) days of actual knowledge of
the change.
Section 3A.14 Effective Date and Effect on Pre-existing and Permitted WCFs
A. The requirements of this part of the Zoning Ordinance apply to all new WCFs
after the date of adoption and the expansion and/or Alteration of any existing
WCFs; provided that an in-kind or smaller replacement of transmission
equipment will require only a written notification to the City.
B. A WCF which was in existence on the date of final passage of this part of the
Zoning Ordinance shall not be required to be removed or relocated in order to
meet the minimum distance requirements of this part of the Zoning Ordinance
due to subsequent platting of a residential lot nearer to the WCF than the
distance requirements of this Section. However, any Alteration to existing
WCFs shall require compliance with the applicable provisions of this part of
the Zoning Ordinance.
[Part Three -A shown as adopted by Ordinance #97421
31 January 2000 58
CITY OF GEORGETOWN
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PART FOUR: NON -CONFORMING USES
Section 4.1 Non -Conforming Uses are Regulated
4.101 Non -conforming uses are those lawful uses of a premises that do not conform with
the requirements of this Ordinance on the effective date of the Ordinance or any
governing amendment thereto.
4.102 Non -conforming uses may be continued; such a use may be changed to a use of
higher classification, and if there are not structural alterations, such use may be
changed to a use of the same classification. If it is changed to a use in a higher
classification or to a conforming use, it cannot be changed back to the original
non -conforming use. For the purposes of this paragraph, the "same classification"
means uses permitted in the same district; a "higher classification" means use in a
district having a lower section number.
4.103 If a non -conforming use is stopped for two years or more, it then must conform to
the use regulations.
4.104 Except for the types of uses provided for in 4.105, a non -conforming use cannot be
reconstructed unless changed to a conforming use, and cannot be enlarged or
extended vertically except for the addition of air-conditioning equipment or
enlarged or extended horizontally beyond the lot upon which it was located at the
time that it became a non -conforming use, and then such enlargement or extended
shall not encroach upon any yards required within the District in which the lot is
located. No enlargement shall be in excess of fifty (50) percent of the floor area of
the non -conforming use existing on the date that such use became non -conforming
by reason of this Ordinance.
4.105 Non -conforming industrial uses in the C -2B Districts may be re -built,
reconstructed, structurally altered or enlarged if the enlargements do not total more
than a 100 percent increase in cubical contents of buildings existing on the date that
such use became non -conforming by reason of this Ordinance.
4.106 The provisions of this sub -section shall apply to any existing developed site when:
1. there is a change in use, or
2. two (2) years or more has passed since the last occupancy of a building on the
site.
A change in use shall be defined as occurring when one of the following
conditions is satisfied:
a. the new use of the property is a use that is first allowed in a less
restrictive zoning classification than the most recent use; or
b. a rezoning to a less restrictive zoning district classification is necessary;
or
31 January 2000 59
CITY OF GEORGETOWN
ZONING ORDINANCE
C, a change to a higher Century Plan intensity level classification is
required; or
d, a larger or additional water meter (other than for landscape irrigation)
is necessary to meet the water service needs of the project.
When either of the conditions outlined in 1 and 2 above occurs, the existing
development shall be upgraded such that one of the design standards, which should be
at least 50% deficient if such a situation exists, shall be brought into full compliance
with the design standard. Additionally, if more than one design standard is deficient,
the property owner shall select, at their sole discretion, which design standard shall be
brought into compliance. Furthermore, where the provisions of both the Zoning
Ordinance and Subdivision Regulations apply to a property, it shall be necessary to
bring only one (1) design standard listed below into full compliance to satisfy the
requirements of both ordinances.
Design Standard Selections: Building articulation
■ Building materials
® Lighting
® Screening
■ Landscaping
® Buffering
® Drainage (per City's Subdivision Regulations)
Pedestrian and vehicular access (per City's Subdivision
Regulations)
■ Parking lot design (per City's Subdivision Regulations)
■ Number and type of parking spaces (per City's Subdivision
Regulations)
® Impervious coverage (per City's Subdivision Regulations)
4.107 Where a premises in a R District was used for open storage, such uses must be
discontinued and the stored material removed within two years after the effective
date of this Ordinance. Where such premises were used for signs and billboards,
such uses must be discontinued and the signs and billboards removed within ten
(10) years from the date such signs were erected, or five (5) years after the effective
date of this Ordinance, whichever is longer.
4.108 All junk yards, scrap yards, and automobile wrecking yards shall conform with the
requirements of this Ordinance within two (2) years after the effective date of this
Ordinance.
Where the enforcement of this section would impose an undue hardship on any
property owner concerned, said property owner shall have the right to appeal for
relief to the Board of Adjustment, who, after public hearing, shall have the right to
grant an extension of time as required in this section, provided, however, that such
extension of time shall not be granted if it would be adverse to the best interest and
general welfare of the citizens of the City.
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CITY OF GEORGETOWN
ZONING ORDINANCE
4.109 Passage of this Ordinance in no way legalizes any illegal uses existing at the time
of its adoption.
4.110 Existing uses of types eligible for special permits in Part Three shall be conforming
use and shall receive a special permit for the existing use from the Building
Inspector upon request, but shall require a special permit for any enlargement or
addition.
4.111 Any child care facility that was licensed or registered with the State on or before
November 14, 1989 and was in conformance with the City's zoning regulations on
that date and that, unaltered, fails to meet the City's zoning regulations after that
date shall be considered a non -conforming use. A non -conforming child care
facility shall not increase the number of children above levels permitted by the
State on November 14, 1989, or otherwise modify site design or operations so as to
decrease the conformance of the project to existing regulations.
31 January 2000 61
CITY OF GEORGETOWN
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PART FIVE: SPECIAL HEIGHT, YARD, RESIDENTIAL ADJACENCY SETBACK,
BUILDING ARTICULATION, BUILDING MATERIAL, AND LIGHTNG STANDARDS
Section 5.1 The Height Limit Set Forth in the District Regulations may be Varied.
5.101 Except in the "C -2B" and "I" Districts, if a public building, church, temple, hospital,
institution or school is set back an additional foot over the required minimum, it may be
increased in height two feet over the height limit of the District in which located, up to a
limit of seventy (70) feet total height.
5.102 Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments,
stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires,
wireless towers, electric and telephone lines, and poles, grain elevators, or necessary
mechanical appurtenances, are exempt from height regulations.
5.103 Storage buildings are exempt from the story limitations, but not the "number of feet"
limitations.
5.104 Those parts of existing buildings that violate height regulations may be repaired and
remodeled but may not be reconstructed or structurally altered.
Section 5.2 These General Rules for Yards Must Also Be Observed
5.201 On lots fronting on two non -intersecting streets, a front yard must be provided on
both streets.
5.202 On corner lots in the "R" Districts, there shall be a yard along the side -street side of
such tract of at least ten (10) feet, except the buildable width of a corner lot shall
never be less than thirty (30) feet. On corner lots in the "C-1" District, there shall be
a yard along the side -street of such tract of at least five (5) feet.
In an "R" District, where the rear yard of a corner lot abuts on the side yard of an
adjacent lot, such corner lot shall provide a side yard along the side -street side of
such tract which is equal in width to the depth required for the front yard of such
adjacent lot. In those instances where the area adjacent to the rear yard of a corner lot
in a "R" District has not been developed or the preliminary plat for such area has not
been approved, such corner lot shall provide a side yard along the side -street of at
least twenty-five (25) feet, except that the City Planning and Zoning Commission
may, in the exercise of its discretion, permit such side yard to be only fifteen (15)
feet in width. In no even shall the buildable width of a corner lot be less than thirty
(30) feet.
5.203 On corner lots in the "C" Districts that rear upon a "R" District, a ten (10) foot yard
must be provided along the side -street side.
5.204 Where a block frontage is divided among districts with different front yard
31 January 2000 62
CITY OF GEORGETOWN
ZONING ORDINANCE
requirements, the deepest front yard as required by this Ordinance shall apply to the
entire frontage.
5.205 Those parts of existing buildings that violate yard regulations may be repaired and
remodeled, but not reconstructed or structurally altered, except as provided in Part
Eleven.
5.206 Required front yards shall be used only for landscaping, walkways and driveways
necessary for access to the parking areas. In the "C" District signs and light standards
may be located in required front yards. No other structures are permitted.
Section 5.3 The Following Exceptions May Be Made In Yard Regulations
5.301 Where, on the effective date of this Ordinance, forty (40) percent or more of a block
frontage was occupied by two or more buildings, then the front yard is established in
the following manner:
1. Where the building farthest from the street provides a front yard not more than
ten (10) feet deeper than the building closest to the street, then the front yard for
the frontage is and remains an average of the then existing front yards.
2. Where this is not the case and a lot is within one hundred (100) feet of a
building on each side, then the front yard is a line drawn from the closest front
corners of these two adjacent buildings.
3. Where neither (1) nor (2) is the case and the lot is within one hundred (100) feet
of an existing building on one side only, then the front yard is the same as that
of the existing adjacent building.
4. In no event shall a front yard in excess of forty (40) feet be required.
5.302 Sills, belt courses, cornices, and ornamental features may project only one (1) foot
into a required yard.
5.303 Open, unenclosed porches (not glassed in) and canopies may extend five (5) feet into
a front yard.
5.304 Terraces which do not extend above the level of the ground (first) floor may project
into a required yard, provided these projections be distant at least two (2) feet from
the adjacent lot line.
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CITY OF GEORGETOWN
ZONING ORDINANCE
Section 5.4 Setbacks for Non-residential Uses sharing a common property line with Residential
Uses in Residentially Zoned Property
5.401 The setbacks for non-residential uses sharing a common property line with
residential uses in residentially zoned properties shall be the greater of:
A.
The
required
residential setback, or
B.
The
required
commercial setback.
5.402 Parking shall
be permitted in any required side or rear
building setback area greater
than ten (10)
feet in width. In no case shall parking be
located closer
than ten (10)
feet from the
side or rear property line when adjacent to residentially
zoned property.
5.403 No non-residential use may exceed the bulk plane that begins ten (10) feet above
grade at the setback line and rises one (1) foot for every two (2) feet of additional
setback.
Residentially
Zoned Property
Figure I - Non -Residential Bulk Plane
Required
Building
Setback
J
2 ''
C
##o 000* Building Setback
Ole
Non -Residential
Building
5.405 Non-residential second story or higher window/door openings shall not face
adjoining lots in residential districts, if located within fifty (50) feet of the property
line. If within 50 feet of the residential property line, doors shall also be oriented 80
degrees or more from the property line, and windows shall be translucent or be
oriented 80 degrees or more from the property line,
31 January 2000
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CITY OF GEORGETOWN
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Section 5.5 Building Articulation Required
5.501 All buildings except for those:
1. used as single family structures in single family zoned districts,
2. used as single family accessory structures in single family
zoned districts, and
3, industrial uses which are located in, and only allowed in,
industrially zoned districts;
4. Expansions of existing buildings if the expansion is less than
20% of the existing building area,
shall comply with the standards in this section.
5.502 All facades of a building which are adjacent to and face a roadway, public park or
residential district shall comply with the following standards:
A. Horizontal Articulation — No building fagade shall extend for a distance greater
than three times the mean elevation of the wall's height without having an off-
set of fifteen percent (15%) or more of the wall's height. This off -set shall
extend for a distance equal to at least twenty-five percent (25%) of the
maximum length of either adjacent plane.
B. Vertical articulation — No horizontal wall shall extend for a distance greater
than three times height of the wall without changing height by a minimum of
fifteen percent (15%) of the wall's height. This height change shall continue for
a minimum distance equal to at least twenty-five percent (25%) of the
maximum length of either adjacent plane. (See Figure 2 — Articulation
Standards)
31 January 2000 65
Figure 2 — Articulation Standards
3 ft. (15% x H)
Minimum
60ft. (3xH)=l
F Maximum
ft. (25% x t.)
3 ft. (15% x H) Minimum
Minimum
Possible Plans of Buildings:
H)
CITY OF GEORGETOWN
ZONING ORDINANCE
Possible Elevations of Buildings:
Samples of Articulation Standard
31 January 2000 66
CITY OF GEORGETOWN
ZONING ORDINANCE
Section 5.6 Exterior Building Material Requirements
5.601 All buildings except for those:
1. used as single family structures in single family zoned districts,
2. used as single family accessory structures in single family zoned
districts, and
3. industrial uses which are located in, and only allowed in,
industrially zoned districts;
4. Expansions of existing buildings if the expansion is less than 20%
of the existing building area,
shall comply with the standards in this section
5.602 Masonry Requirement. At least eighty percent (80%) of the vertical walls of all
buildings which are adjacent to and face roadways, public parks or residential
districts (excluding doors and windows) shall be finished in one or more of the
following materials:
A. Brick, stone, cast stone, rock, marble, granite, glass block, tile.
B. Stucco or plaster when applied using a three-step process over diamond metal
lath mesh to a seven -eighths inch thickness or by other processes producing
comparable stucco finish with equal or greater strength and durability
specifications.
C. Exterior Insulating Finishing System (EIFS).
D. Cellulose fiber -reinforced cement building board products, i.e. Hardi Board
products or other cement building products approved by a nationally recognized
building products evaluation service.
E. Glass with less than twenty percent (20%) reflectance. However, only a
maximum of fifty percent (50%) of a building may be constructed in glass.
F. Split face concrete block, poured -in-place concrete, and tilt -wall concrete. It is
the intent that any use of concrete products shall have an integrated color and be
textured or patterned. Tilt -wall concrete structures shall include reveals, punch -
outs, or other similar surface characteristics to enhance the fagade on at least
ten percent (10%) of each fagade.
5.603 Side and rear facades shall be finished in a similar color as the front of the building.
31 January 2000 67
CITY OF GEORGETOWN
ZONING ORDINANCE
Section 5.7 Lighting Standards for Multi -family and Commercial Uses
5.701 In order to preserve the night sky and to reduce glare on roadways, pedestrian areas
and adjacent development, light sources (e.g. light bulbs) shall be oriented toward
the center of the site or shielded so as to not be visible from the property line. This
applies to refractory lenses which extend beyond the lighting fixture and are
designed to redirect the lighting source horizontally. This does not apply to neon or
internally lit signs, or to decorative lighting with 15 watts or less per bulb.
5.702 The allowable maximum light intensity measured at the property line of a
residentially zoned lot shall be 0.2 of one foot candle.
5.703 Historic or antique -style pedestrian light fixtures approved by the city are excluded
from this standard.
31 January 2000 68
CITY OF GEORGETOWN
ZONING ORDINANCE
PART SIX:
LANDSCAPE REQUIREMENTS,
PROTECTION OF
TREES,
BUFFERYARDS,
PARKING LOT LANDSCAPING,
AND SCREENING
STANDARDS
Section 6.1 Landscape Requirements
6.101 Purpose
A. For the purpose of providing for the orderly, safe, attractive and healthful
development of land located within the community and promoting the health,
safety and general welfare of the community, it is deemed necessary to establish
requirements for the installation and maintenance of landscaping elements and
other means of site improvements in developed properties. These provisions are
exclusive of detached single family and two (2) family residences, except as
described in Section 6.304.A.
The regulations contained herein are necessary to enhance the community's
ecological, environmental and aesthetic qualities.
B. Paved surfaces, automobiles, buildings and other improvements produce
increases in air temperatures, a problem especially noticeable in this southern
region, whereas plants have the opposite effect through transpiration and the
creation of shade. Likewise, impervious surfaces created by development
generate greater water runoff causing problems from contamination, erosion
and flooding. Preserving and improving the natural environment and
maintaining a working ecological balance are of increasing concern. The fact
that the use of landscape elements can contribute to the processes of air
purification, oxygen regeneration, water absorption, water purification, and
noise, glare and heat abatement as well as the preservation of the community's
aesthetic qualities indicates that the use of landscape elements is of benefit to
the health, welfare and general well being of the community and, therefore, it is
proper that the use of such elements be required.
C. The City of Georgetown experiences frequent droughts; therefore, it is a
purpose of this section to encourage the use of drought resistant plants that do
not consume large quantities of water.
6.102 Applicability
The requirements and standards for the installation and maintenance of landscape
elements and site improvements as set forth herein shall apply to all developments
within the City of Georgetown, except that exclusive of Section 6.304 A, these
provisions shall not apply to one (1) and two (2) family residences. Furthermore,
said requirements and standards shall not apply to any structure existing on the
effective date of this chapter, except in the event of reconstruction. However, this
exemption shall not apply where a detailed development plan is required as a
31 January 2000 69
CITY OF GEORGETOWN
ZONING ORDINANCE
condition of approval granted by the Planning and Zoning Commission and/or the
City Council. All other new development subject to these regulations shall be in full
compliance with the provisions of this chapter.
6.103 General Requirements
A. Installation. All landscape materials shall be installed according to American
Association of Nurserymen (AAN) standards.
B. Maintenance. The current owner and subsequent owners of the landscaped
property, or the manager or agent of the owner, shall be responsible for the
maintenance of all landscape areas. Said areas shall be maintained so as to
present a healthy, neat and orderly appearance at all times and shall be kept free
of refuse and debris. Maintenance shall include the replacement of all dead
plant material if that material was used to meet the requirements of this chapter.
C. Irrigation Standards.
1. One of the following irrigation methods shall be used to ensure survival of
the required plant material in landscaped areas:
a. Conventional System. An automatic or manual underground
irrigation system which may be a conventional spray or bubbler type
heads.
b. Drip or Leaky -Pipe System. An automatic or manual underground
irrigation system in conjunction with a water -saving system such as a
drip or a leaky pipe system.
c. Temporary and Above -Ground Watering. Landscape areas utilizing
xeriscape plants and installation techniques, including areas planted
with native grasses, wildflowers, and trees may use a temporary and
above ground system, and shall be required to provide irrigation for
the first three growing seasons.
2. Installation of rain and freeze sensors shall be required.
3. Natural and Undisturbed Areas. No irrigation shall be required for
undisturbed natural areas or undisturbed existing trees.
D. Planting Criteria.
1. Trees. Trees shall be a minimum of two (2) inches in caliper measured three
(3) feet above finished grade immediately after planting. If trees are
proposed that are not chosen from the recommended list provided in the
Appendix, trees shall have an average mature crown greater than fifteen (15)
31 January 2000 70
CITY OF GEORGETOWN
ZONING ORDINANCE
feet in diameter. Trees having an average mature crown less than fifteen (15)
feet in diameter may be substituted by grouping the same so as to create at
maturity the equivalent of a fifteen foot (15) diameter crown if the drip line
area is maintained.
2. Shrubs, vines and ground cover. Shrubs, vines and ground cover planted
pursuant to this section shall be good, healthy nursery stock. Shrubs must be,
at a minimum, a one (1) gallon container size.
3. Lawn grass. Grass areas should be planted in drought resistant species
normally grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo.
Grass areas may be sodded, plugged, sprigged or seeded except that solid
sod shall be used in swales or other areas subject to erosion.
4. Synthetic lawns or plants. Synthetic or artificial lawns or plants shall not be
used in lieu of plant requirements in this section.
5. Architectural planters. The use of architectural planters may be permitted in
fulfillment of landscape requirements.
6. Other. Any approved decorative aggregate or pervious brick pavers shall
qualify for landscaping credit if contained in planting areas, but no credit
shall be given for concrete or other impervious surfaces.
E. Landscape Plan Requirements
As required by the City of Georgetown Subdivision Regulations Ordinance, the
landowner or his/her agent shall submit and receive approval of a landscape
plan demonstrating compliance with the landscape requirements contained
herein. Plans shall show all dimensions, types of materials, width of
bufferyards, size and spacing of vegetative materials, and plans for providing
water to plants. The plan(s) shall demonstrate that landscaping and buffering
materials will:
1. Abate objectionable noise, light, glare, visual clutter, dust, or loss of
privacy.
2. Adequately accomplish the purpose for which they were intended.
6.104 Required Site Landscaping
A. A minimum percentage of the total lot area of property on which development,
construction or reconstruction occurs after the effective date of this article shall
be devoted to landscape development in accordance with the following
schedule. These requirements shall not apply to the development, construction
or reconstruction of single-family detached or two (2) family residential
31 January 2000 71
CITY OF GEORGETOWN
ZONING ORDINANCE
structures except when such structures abut an arterial street.
Exceptions to this chapter may be granted to require a lesser amount of
landscaping, by the Commission, if the aesthetic, buffering and environmental
intent of this chapter is met, and the reduction of the landscape area results in
the preservation of a natural feature having comparable value to the reduced
landscape requirements.
An 3gaAWAI
NOTE: The R -O district has separate landscaping requirements, see Section 2.11 for details.
B. The landscaping shall be placed upon that portion of a tract or lot that is being
developed. Fifty percent (50%) of the required landscaped area and required
plantings shall be installed between the front property lines and the building
being constructed. Undeveloped portions of a tract or lot shall not be
considered landscaped, except as specifically approved by the Commission.
C. Required plantings. For every six hundred (600) square feet of landscape area
required by Table A above, two (2) trees and four (4) shrubs shall be planted.
D. Replacement of Trees. Should a tree die or be removed for which credit has
been obtained pursuant to the terms of this section, landscape development
sufficient to equal the area credited shall be required. A small tree that will
have a mature crown similar, to the tree removed may be substituted if the
planting area or pervious cover provided for the larger tree in Section 6.304.0 is
retained.
31 January 2000 72
Required Landscaping Schedule
Land Use
Landscaping Required
% of constructed impervious
coverage of the lot
Three (3) family structures
30
Multifamily structures
30
Manufactured Home Park
30
Office and professional uses
22
Institutional
15
Commercial
15
Industrial or manufacturing
15
NOTE: The R -O district has separate landscaping requirements, see Section 2.11 for details.
B. The landscaping shall be placed upon that portion of a tract or lot that is being
developed. Fifty percent (50%) of the required landscaped area and required
plantings shall be installed between the front property lines and the building
being constructed. Undeveloped portions of a tract or lot shall not be
considered landscaped, except as specifically approved by the Commission.
C. Required plantings. For every six hundred (600) square feet of landscape area
required by Table A above, two (2) trees and four (4) shrubs shall be planted.
D. Replacement of Trees. Should a tree die or be removed for which credit has
been obtained pursuant to the terms of this section, landscape development
sufficient to equal the area credited shall be required. A small tree that will
have a mature crown similar, to the tree removed may be substituted if the
planting area or pervious cover provided for the larger tree in Section 6.304.0 is
retained.
31 January 2000 72
CITY OF GEORGETOWN
ZONING ORDINANCE
Section 6.2 Credit for Trees
In order to reward the preservation of existing trees, one hundred percent (100%) of
the crown area of undisturbed existing trees shall be reduced from the landscape area
requirements; provided that the area surrounding the tree is left undisturbed and that
this area consists of at least one hundred (100) square feet but not less than fifty
percent (50%) of the crown area.
Section 6.3 Bufferyards Required
6.301 General Requirements. Bufferyards shall be required between all lots and/or parcels.
The extent of the required buffering within bufferyards is dependent upon the width
of the bufferyard and the disparity between adjacent zoning districts or uses.
A. The landscaping required within bufferyards shall be provided in addition to the
site landscaping required in Section 6.104, Required Site Landscaping.
B. All open space within a bufferyard shall be planted with grass or other
vegetative ground cover.
6.302 Location of Bufferyards.
A. Bufferyards shall be located on the side and rear lot lines of a parcel extending
to the lot or parcel boundary line.
B. Bufferyards shall not extend into or be located within any portion of an existing
street right-of-way.
6.303 Determination of Bufferyard Requirements. To determine the type of bufferyard
required between two (2) adjacent parcels, the following procedure shall be
followed:
A. Determine whether the adjacent use is located inside or outside the City limits.
B. Identify the Zoning Classification of the proposed use.
C. Identify the Zoning Classification or Land Use Class of each adjacent use. Land
Use Classes are defined in Table C.
D. Determine the bufferyard requirements for those side and rear lot lines or
portion thereof, on the subject parcel by referring to Table B, if it is on property
within the City limits.
E. If the proposed use and the adjacent use are separated by the City limits,
determine the bufferyard requirements for those side and rear lot lines or
31 January 2000 73
CITY OF GEORGETOWN
ZONING ORDINANCE
portion thereof, on the subject parcel, by referring to both Tables B and C as
though both properties were either inside the City limits or outside the City
limits. The bufferyard requirement shall be the most intensive indicated by this
method.
F. Existing plant material or fences may be counted as contributing to the total
bufferyard requirement. The bufferyards specified are to be provided on each
lot or parcel independent of adjoining bufferyards.
6.304 Type A and B Bufferyards. The bufferyard requirements Types A and B in Figure 2
are designed to permit and encourage variation in the widths of bufferyards and the
number of plant units required per one hundred (100) linear feet of bufferyard. The
requirements may be satisfied by any of the options of the appropriate type, indicated
in Figure 2. The width of the required bufferyard may be reduced as the intensity of
buffering increases.
6.305 Type C Bufferyards. The Type C bufferyard requirement in Figure 2 is designed to
provide screening and buffering between residential and commercial and industrial
uses. All commercial and industrial lots adjacent to single family or multifamily
zoned districts shall provide:
A. A solid six (6) foot screening wall or fence constructed of:
1. Brick, stone, reinforced concrete, or other similar masonry materials; or
2. Redwood, cedar, preservative pressure treated wood, or other similar
materials; and
3. All fence posts shall be rust -protected metal, concrete based masonry or
concrete pillars.
B. A ten (10) foot buffer yard, except for a five (5) foot buffer yard in R -O
districts.
C. Four large evergreen trees for each one hundred (100) linear feet of bufferyard,
spaced no more than thirty (30) feet apart to provide additional screening above
the fence line. Two (2) ornamental trees may be substituted for one (1) large
tree. (See plant list in Appendix for list of acceptable trees.)
6.306 Vacant Land. When a developed use is proposed adjacent to vacant land, the owners
of the affected properties may submit a contractual agreement whereby the
bufferyard for the developed use is reduced or waived, provided that the owner of
said vacant property agrees to develop at no greater intensity than the specified land
use class; and if additional buffer is needed at a future point, it will be provided on
the vacant land.
31 January 2000 74
CITY OF GEORGETOWN
ZONING ORDINANCE
6.307 Changes in Intensity. Should a developed use increase in intensity from a given land
use class to a higher one (e.g. Class III to Class IV), a determination shall be made
during the detailed development plan review process to determine if additional
bufferyard is needed and if so to what extent and type in accordance with Table B.
Table B - Bufferyard Requirements
r No bufferyard requirement
^ Bufferyard required as per Section 5.304
31 January 2000 75
Zoning of Proposed
Adjacent Existing Zoning
Development
A
R -E
R -S
RM -1
PLM -2
R -MH
RM -3
R -P
R -O
C-1
C2 -A
C2B
I
A
'
C
C
C
C
C
B
C
B
A
A
A
A
R -E..
r
♦
r
•
r
R -S..
•
r
•
r
r
:
r
r
r
•
r
•
r
RM -I
C
C
C
A
B
B
C
A
C
A
A
A
A
RM -2
B
C
C
C
A
A
B
C
B
A
A
A
A
R -MH
B
C
C
C
A
A
B
C
B
A
A
A
A
RM -3
A
C
C
C
C
C
A
C
A
B
B
B
B
R -P
C
C
C
A
B
B
C
A
C
B
B
B
B
R -O
A
C
CE
C
C
C
A
C
A
B
B
B
B
C-1
B
C
C
C
C
C
C
C
B
A
A
A
A
C -2A
B
C
C
C
C
C
C
C
B
A
A
A
A
C -2B
B
C
C
C
C
C
C
C
B
A
A
A
A
I
B
C
C
C
C
C
C
C
B
A
A
A
A
r No bufferyard requirement
^ Bufferyard required as per Section 5.304
31 January 2000 75
CITY OF GEORGETOWN
ZONING ORDINANCE
Table C - Land Use Classifications
Land Use Class Land Use
I Single Family Residences
II Two & Three Family Residences
Planned Unit Developments
Non -Commercial Recreational
III Religious Institutions
Educational Institutions
Public Buildings
Multifamily Residences
Manufactured Home Park or Mobile Home Park
IV Offices
Service Establishments
Agricultural
V General Retail Establishments
Other Commercial Uses
Research and Development Uses
Wholesale and Warehousing
Other Industrial Uses
Parking Lots
Arterial Streets
Bufferyard requirements for properties adjacent to those located outside the City Limits are based on
the following equivalencies between Zoning Classifications and Land Use Classes.
Zoning Land Use Classes
A
IV
R -E
I
RS
I
RM -1
II
RM -2
III
R -MH
III
RM -3
IV
R -P
II
R -O
IV
C-1
V
C -2A
V
C -2B
V
I
V
[Section 6.304 amended as shown by Ordinance #98-10]
Figure 2 Bufferyard Requirements
31 January 2000 76
CITY OF GEORGETOWN
ZONING ORDINANCE
100 ft. J
r �
Type A:
Deciduous Shrub
`.v
Evergreen Shrub
i
Type B:
N I �(
V
`' ••� '
ti
Deciduous Tree
Four large evergreen
Type C: Trees for each 100 ft.
/r
f/
Residential
Property Line
i
Two Ornamental trees may be
Substituted for one large tree
i
r 10 ft. Bufferyard
(5 ft. in R-0)
*Note: See Section 6.103 A. -D. for total plant requirements.
Note: Any fence constructed to satisfy bufferyard requirements shall be opaque and shall be six (6) feet in height, except as
otherwise provided in Section 8.3 or as otherwise approved by the Commission.
Section 6.4 Parking Lot Landscaping and Screening
6.401 Parking Lot Landscaping. Landscaping provided to meet this section may be applied to the
site landscaping requirements in Section 6.104. Parking lot landscaping must meet the
31 January 2000 77
CITY OF GEORGETOWN
ZONING ORDINANCE
city's traffic safety standards as adopted in the Code of Ordinances for maintaining
visibility at intersections.
A. Landscape Area. The parking lot landscape area requirements are based on the
percentage of required parking located between the building facade and the
street right of way:
1. Less than 25% of the parking located between the building facade and the
right-of-way requires 13 square feet of landscaping per parking stall.
2. Between 25% to 75% of the parking located between the building facade
and the right -of way requires 18 square feet of landscaping per parking stall.
3. Greater than 75% of the parking located between the building fagade and the
right-of-way requires 23 square feet of landscaping per parking stall.
B. Internal Parking Lot Landscaping
1. Two (2) trees and four (4) shrubs shall be planted for each. six hundred (600)
square feet of required Iandscape area.
2. All new trees within a parking lot shall be planted in a pervious area of at
least one hundred and fifty (150) square feet and have a minimum dimension
of eight and one-half (8.5) feet (E.g. 8.5 x 18'). However, up to twenty
percent (20%) of the required trees may be planted in islands of at least
twenty five (25) square feet and have a minimum dimension of five (5) feet.
3. To reduce the thermal impact of unshaded parking lots, trees shall be planted
throughout parking lots so that no portion of the lot is more than sixty-four
(64) feet away from the trunk of a tree unless otherwise approved by the
Commission.
6.402 Parking Lot Screening
A. All parking shall be screened from public rights-of-way and public park areas
using a solid screen. The screen shall be maintained at least thirty six (36)
inches in height, and be achieved through one of the following methods:
1. A berm
2. A planting screen (hedge)
3. A wall
4. A combination of the above.
B. Live screening shall be capable of providing a solid thirty six (36) inch screen
within two (2) years, as determined by a registered landscape architect, certified
nurseryman or master gardener, and shall be planted in a prepared bed at least 3
31 January 2000 78
Section 6.5
6.501
6.502
CITY OF GEORGETOWN
ZONING ORDINANCE
feet in width.
C. Screening shall be offset at least six (6) feet every sixty (60) linear feet.
Screening Requirements
Screening of Mechanical Equipment
A. Properties which may be viewed from residential uses, streets or public park
areas shall screen all roof, ground and wall mounted mechanical equipment (eg.
air handling equipment, compressors, duct work, transformers and elevator
equipment) from view at ground level.
B. Roof -mounted mechanical equipment shall be shielded from view on four
sides. Screening shall consist of materials consistent with the primary building
materials, and may include metal screening or louvers which are painted to
blend with the primary building.
Screening shall result in the mechanical equipment blending in with the primary
building, and not appearing separate from the building.
C. Wall or ground -mounted equipment screening shall be constructed of:
1. Planting screens; or
2. Brick, stone, reinforced concrete, or other similar masonry materials; or
3. Redwood, cedar, preservative pressure treated wood, or other similar
materials; and
4. All fence posts shall be rust -protected metal, concrete -based masonry or
concrete pillars.
D. A variance may be granted in cases with extreme topographic differences.
Screening of Outside Storage
A. Outside storage shall be located on the side or rear of the primary building and
shall be screened from public view.
B. Outside storage shall be screened with a minimum seven (7) foot tall screen or
a screen that is a minimum of one (1) foot above the top of the storage
materials, whichever is taller. Screening shall be:
1. A masonry wall or other material that is similar to the primary structure.
31 January 2000 79
CITY of GEORGETOWN
ZONING ORDINANCE
2. A berm.
3. A planting enclosure of large evergreen shrubs planted a maximum of four
(4) feet apart that shall create a solid screen to a minimum height of seven
(7) feet within two (2) years as determined by a registered landscape
architect, certified nurseryman or master gardener, or as determined by the
Director of Development Services.
4. A combination of the above.
6.503 Screening of Waste Containers
A. Waste containers shall be located on the side or rear of the building and
screened from public view.
B. Waste containers shall be located outside of the required building setback areas
and when adjacent to residentially zoned property, must be located at least fifty
(50) feet away from residential zoned property lines.
C. Waste containers shall be screened on foto- (4) sides, using an enclosure that is
seven (7) feet tall or of a height that is a minimum of one (1) foot above the top
of the dumpster, whichever is taller. Screening shall be comprised of:
1. Brick, stone, reinforced concrete; or other similar masonry materials that
have a similar finish to the primary finish; or
2. Redwood, cedar, preservative pressure treated wood, or other similar
materials; or
3. Large shrubs planted four (4) feet on center and staggered 30 to 36 inches.
Shrubs shall be watered with an irrigation system; and
4. All fence posts shall be rust -protected metal, concrete based masonry or
concrete pillars; and
5. Six-inch (6") concrete filled steel pipes shall be located to protect the
enclosure from truck operations.
D. Waste container enclosures shall have steel framed gates and tie -backs to secure
them in an open position., and fasteners to keep them closed.
E. Waste container screening shall be maintained at all times.
31 January 2000 80
Figure 2 — Screening of Waste Containers
IU/IIIHntgnuntniu� l .i
umnuneennlnrcr� � �'
CITY OF GEORGETOWN
ZONING ORDINANCE
Wall Enclosure Fence Enclosure Planting Enclosure
NOTE: All enclosures to be 7"0" min.; use protective poles in corners and at possible impact areas;
minimum 5' reinforced slab, sloped to drain; and, gate with spring loaded hinges, or equivolent.
6.504 Screening of Loading Docks
A. These standards shall apply to all sites with loading docks in non -industrially
zoned districts.
B. Loading and service areas shall be located at the side or rear of buildings.
C. Off-street loading areas shall be screened from view of any street or adjacent
property.
D. Loading areas shall be enclosed on three sides by a wall or other screening
device not less than eight (8) feet in height.
E. Loading areas shall not be located closer than fifty (50) feet to any single family
lot, unless wholly within an enclosed building.
F. Screening materials shall be comprised of.
1. A wall that has a similar finish to the primary structure, or
2. A combination of trees and shrubs that will result in solid screening within
two (2) years as determined by a registered landscape architect, certified
nurseryman or master gardener, or as determined by the Director of
Development Services.
31 January 2000 81
CITY OF GEORGETOWN
ZONING ORDINANCE
6.505 Screening of Retail Storage and Display Areas
A. The following businesses are excluded from the standards in this subsection:
1. Christmas tree sales. Trees may be stored outdoors for sale from one week
before Thanksgiving to December 31.
2. Landscape plant materials, vehicles and vehicular machinery, for which
the sale of these items is the primary business.
B. Outdoor sales and display not specifically excluded in "A" above, shall meet
the following standards:
1. Outdoor sales and displays are permitted only in areas designated on the site
plan filed with the City.
2. Outdoor sales and display may not exceed five percent (5%) of the adjacent
building floor area. (Building area is defined as the entirely enclosed portion
of the primary building.)
3. Outdoor sales and display may occupy up to thirty percent (30%) of a
covered sidewalk that is located within twenty (20) feet of the building.
Such display shall not impede pedestrian use of the sidewalk and at least a
five (5) foot passable distance shall be maintained.
4. Any outside sales and display not located on a covered sidewalk must be
screened from view of adjacent roadways, public areas and adjacent
properties. Such screening must:
a. Be a minimum
of eight (8)
feet high or one (1) foot taller than the
materials being
displayed,
which ever is
greater.
b. Include a minimum of twenty percent (20%) solid screening matching the
material of the primary building.
c. The remainder may be solid evergreen planting, wrought iron, or dark
vinyl -coated chain link or similar materials.
5. Any outside sales and display not located on a covered sidewalk must be
located immediately adjacent to or connected to the primary structure.
6. No outdoor sales and display may be located in any portion of a parking lot.
31 January 2000 82
CITY OF GEORGETOWN
ZONING ORDINANCE
PART SEVEN: OFF-STREET PARKING SPACES ARE REQUIRED
Section 7.1 Off Street Parking and Loading Regulations
7.101 General Design Standards
A. All off-street parking spaces shall be located outside of required landscape
areas and behind front building lines, with the exception of parking and parking
structures on lease spaces within manufactured home parks which can encroach
into this area.
B. Off-street parking facilities shall be provided for any new building constructed
and for any new use established. Off-street parking facilities shall be provided
for any addition or enlargement of an existing building or use, or any change of
occupancy or manner of operation that would result in additional parking
spaces being required. Provided however, if insufficient parking exists on a
tract or lot, then the number of spaces required to meet the needs of both the
existing and new buildings shall be provided.
C. Facilities being used for off-street parking on the effective date of these
regulations shall not be reduced in capacity to less than the number of spaces
prescribed, or altered in design or function to less than the minimum standards
prescribed herein.
D. For sites with more than one (1) use, or for adjacent sites served by a common
parking facility, the parking requirement shall be the total number of spaces
required for each site or use, except as adjusted pursuant to Section 7.04.
E. Parking facilities constructed or substantially reconstructed subsequent to the
effective date of these regulations, whether or not required, shall conform to the
Design Standards set forth in Section 7.107,
F. All required parking facilities shall be maintained for the duration of the use
requiring such areas. Such facilities shall be used exclusively for the temporary
parking of passenger automobiles, motor vehicles, or light trucks not exceeding
(1) one ton in capacity, and shall not be used for the sale, display, or storage of
merchandise, or for the storage or repair of vehicles or equipment.
G. All required parking facilities shall be located on the same site as the use for
which such facilities are required, except as authorized pursuant to Section
7.103,
H. No use shall be required to provide more spaces than prescribed by these
regulations or prescribed pursuant to a Conditional Use Permit or a Variance.
Where parking spaces in excess of such requirements are provided, the spaces
may be considered as meeting the requirements for another use pursuant to
31 January 2000 83
CITY OF GEORGETOWN
ZONING ORDINANCE
Section 7.104.
I. Head -to -toe parking is prohibited except in one (1), two (2) or three (3) family
dwellings, or manufactured homes.
[Section 7.101 shown as amended by Ordinance 96-51]
7.102 Schedule of Off -Street Parking Requirements
A. Parking facilities for each use shall be provided in accord with the
minimum requirements prescribed in Table 7A.
31 January 2000 84
USE
PARKING
RESIDENTIAL
Long Term Housing
2
spaces/unit***
Quasi Residential
1
space/250 sq.ft.
CHURCHES AND PUBLIC
1
space/3 seats**
USES
HOTEL AND MOTEL USES
1
space/guest room +
1
space/3 persons to the
maximum capacity of each public
meeting and /or banquet room +
1
space/3 employees +
50%
restaurant standard +
100%
office standard
COMMERCIAL
Restaurant
less than 2,500 sq.ft.
1
space/100 sq.ft.
greater than 2,500 sq.ft.
1
space/75 sq.ft.
take out restaurants
3
spaces/100 sq.ft. of seating area
General Retail and Office
less than 25,000 sq.ft.
1
space/200 sq.ft.
25,000-399,999 sq.ft.
1
space/250 sq.ft.
400,000-599,999 sq.ft.
1
space/225 sq.ft.
more than 600,000 sq.ft.
1
space/200 sq.ft.
INDUSTRIAL
1
space/employee
+ 1/400 sq.ft. of offices ace
WAREHOUSE
1
space/1,000 sq.ft.
31 January 2000 84
CITY OF GEORGETOWN
ZONING ORDINANCE
*The required number of parking spaces for uses not listed in the above table will be determined
by the Director.
***Including manufactured homes.
[Table 7A shown as amended by Ordinance 96-26 and 96-51 ]
1. Where the application of Table 7A results in a fractional requirement, a
fraction of 0.5 or greater shall be resolved to the higher whole number.
2. For purposes of this section, requirements shall be based on gross floor area,
but shall not include enclosed or covered areas used for off-street parking or
loading.
B. Notwithstanding the provisions of Table 7A, a minimum of five (5) parking
spaces shall be provided for any single industrial use located individually on a
site and served by a separate parking facility, and a minimum of ten (10)
parking spaces shall be provided for any two (2) or more industrial uses located
on the same site and served by a common parking facility.
C. Up to twenty-five percent (25%) of reserved employee parking may be designed
and reserved for small or compact cars.
D. Up to fifteen percent (15%) of the total required parking maybe designed and
reserved for compact cars.
7.103 Off -Site or Remote Parking
A. The Commission or Council may approve locating a portion of the required
parking for a use on another site when both the primary use and accessory
parking are located in an area zoned, used or platted for commercial use.
B. Off-site parking shall be located within three hundred (300) feet of the use
which it serves within the Town Square Historic District and within two
hundred (200) feet in all other areas, measured as the shortest practical walking
distance from the nearest off-site parking space to the nearest entrance to the
building or use which it serves.
C. In determining whether to approve off-site parking, the Commission shall
consider all relevant factors, including:
1. The locations of the use and the proposed off-site parking.
2. Existing and potential parking demand created by other uses in the vicinity.
3. The characteristics of the use, including employee and customer parking
demand, hours of operation, and projected convenience and frequency of use
_ of the off-site parking.
4. Adequacy, convenience, and safety of pedestrian access between off-site
31 January 2000 85
CITY OF GEORGETOWN
ZONING ORDINANCE
parking and the use.
5. Traffic patterns on adjacent streets, and proposed access to the off-site
parking.
6. The report and recommendation of the Development Review Committee and
the Traffic Engineer.
D. The Commission or Council may require the written agreement of the owner of
the off-site parking area and owner of the use, if necessary, to assure the
continued availability and usability of any off-site parking.
E. Handicapped and bike parking spaces shall not be located in an off-site parking
facility.
7.104 Parking For Mixed Use Developments
A. The Planning Commission may authorize an adjustment in the total parking
requirement for separate uses located on the same site, or for separate uses
located on adjoining sites and served by a common parking facility, pursuant to
this section. A request for such adjustment shall require submission of a site
plan and transportation engineering report addressing the relevant factors listed
in paragraph C below.
B. All parking spaces subject to adjustment under this section shall be located in a
common, contiguous parking facility intended to meet the needs of all users.
When any adjustment is authorized, off-site parking pursuant to Section 7.103
shall not be permitted.
C. In determining whether to approve an adjustment for mixed use developments,
the Commission shall consider all relevant factors, including:
1. The characteristics of each use and the differences in projected peak parking
demand, including days or hours of operation.
2. Potential reduction in vehicle movements afforded by multi-purpose use of
the parking facility by employees, customers, or residents of the uses served.
3. Potential improvements in parking facility design, circulation, and access
afforded by a joint parking facility.
4. The report and recommendation of the Director.
31 January 2000 86
CITY OF GEORGETOWN
ZONING ORDINANCE
7.105 Handicapped Facilities
Exclusive of one (1), two (2) and three (3) family residences, in each parking facility,
a portion of the total parking spaces shall be specifically designed, located, and
reserved for vehicles licensed by the State for use by the handicapped, according to
he following schedule and additional requirements:
Total Spaces
Minimum Number of
Handicapped Spaces Required
1-25
1
26-50
I 2
51-75
( 3
76-100
I 4
101-150
( 5
15.1-200
( 6
201-300
I 7
301-400
I 8
401-500
I 9
501-1,000
2% of total
1,001 and over
10 plus 1 per 100 over 1,000
spaces
A. Ten percent (10%) of the total spaces for outpatient units at medical care
facilities shall be accessible to the handicapped.
B. Twenty percent (20%) of the total spaces for medical care facilities specifically
for the treatment of the mobility impaired (i.e., physical/occupational units)
shall be accessible to the handicapped.
7.106 Basic Off -Street Loading Regulations
A. Off-street loading facilities shall be provided for any new building constructed
and for any new use established. Off-street loading facilities shall be provided
for any addition or enlargement of an existing use, or any change of occupancy
or manner of operation that would result in additional loading space being
required, provided that the additional loading space shall be required only for
such addition, enlargement, or change.
B. Facilities being used for off-street loading on the date these regulations are
31 January 2000 87
CITY OF GEORGETOWN
ZONING ORDINANCE
adopted shall not be reduced in capacity to less than the number of spaces
prescribed, or altered in design or function to less than the minimum standards
prescribed herein.
C. Loading facilities constructed or substantially reconstructed subsequent to the
effective date of the regulations shall conform to the Design Standards set forth
in Section 7.107.
D. All required loading facilities shall be maintained for the duration of the use or
building requiring such facility, and shall be used exclusively for the purpose of
loading and unloading goods, materials, and supplies, and shall not be used for
the sale, display, or storage or merchandise, or for the storage or repair of
vehicles or equipment.
E. Such loading and unloading space, unless adequately provided for within a
building, shall be an area ten (10) feet by forty (40) feet, with fifteen (15) foot
height clearance, and shall be provided according to the following schedule:
Gross Floor Area in Sq.Ft. Loading & Unloading Spaces Required
in Terms of Sq. Ft of Gross Floor Area
0 - 1,999 None
21000 - 4,999 Up to one (1) space at the
discretion of the Commission
51000 - 19,000 One (1) space
20,000 - 99,000 One (1) space plus one (1) space
for each 20,000 sq.ft. or portion
thereof in excess of 20,000 sq.ft.
100,000 - 500,000 Five (5) spaces plus one (1) space
for each 40,000 sq.ft. or portion
thereof in excess of 100,000 sq.ft.
F. The location and design of loading and unloading areas shall be reviewed at the
time of detailed development plan submission to insure adequate protection is
afforded adjacent properties, especially residential properties, from noise and
other disruptive elements normally associated with such facilities.
7.107 Design Standards
A. Design standards are established by this section to set basic minimum
dimensions and guidelines for design, construction, and maintenance of parking
and loading facilities.
B. The following basic dimensions shall be observed for parking spaces and
loading spaces:
31 January 2000 88
CITY OF GEORGETOWN
ZONING ORDINANCE
1. Each standard parking space shall consist of a rectangular or trapezoidal area
designed in accordance with Table 7B. Each space shall have a vertical
clearance of not less than seven and one-half (7.5) feet. Each space shall be
independently accessible.
2. Each parking space designated for use by the handicapped shall consist of a
rectangular area not less than thirteen (13) feet wide (including an eight (8)
foot wide parking stall and a five (5) foot wide access aisle) by twenty (20)
feet long, with a vertical clearance of eight (8) feet above the handicapped
accessible parking spaces and along at least one (1) vehicle access route to
such spaces from the site entrance(s) and exit(s), shall be located in an area
not exceeding a two percent (2%) slope, and shall be located near and
convenient to a level or ramped entrance accessible to handicapped persons.
One (1) of every eight (8) handicapped accessible spaces shall consist of a
rectangular area not less than sixteen (16) feet wide (including an eight (8)
foot wide parking stall and an eight (8) foot wide access aisle) in order to be
accessible to vans. Parking spaces for the handicapped shall be signed and
restricted for use by the handicapped only. Van accessible spaces shall be
signed accordingly. Two (2) handicapped accessible parking spaces may
share the same access aisle.
3. Each off-street loading
space shall consist
of a rectangular area not
less than
ten (10) feet wide and
forty (40) feet long,
with a vertical clearance
of not
less than fifteen (15) feet.
4. Each parking and loading space shall have adequate drives, aisles, and
turning and maneuvering areas for access and usability, and shall at all time
have access to a public street or alley.
C. Parking facility design. Minimum parking facility design standards are
illustrated in Table 713. Additional supplemental guidelines and standards for
parking facility design, internal layout, acceptable turning radii and pavement
slope, vehicular and pedestrian circulation, and other design features may be
adopted by resolution of the Commission, upon recommendation of the
Director.
1. All parking facilities shall include the following design considerations to
ensure accessibility to the handicapped:
a. Handicapped accessible parking spaces servicing a particular building
shall be located on the shortest accessible route of travel to an accessible
entrance.
b. Handicapped accessible parking spaces need not be provided in each lot
or parking structure provided the different location has equivalent or
greater accessibility in terms of distance from an accessible entrance.
31 January 2000 89
CITY OF GEORGETOWN
ZONING ORDINANCE
c. Handicapped accessible parking spaces may all be provided on one (1)
level of a multi-level parking structure.
d. At least one (1) handicapped accessible route must be provided from
accessible parking spaces to the nearest handicapped accessible entrance.
e. The minimum clear width of the handicapped accessible route shall be
thirty-six (36) inches except at doors.
f. If a handicapped accessible route has less than sixty (60) inches clear
width, then passing spaces at least sixty (60) inches by sixty (60) inches
must be located at reasonable intervals not to exceed two hundred (200)
feet.
g. The floor slope along a handicapped accessible route shall not exceed
one (1) to twelve (1:12) with a maximum rise of thirty (30) inches for any
run.
h. Handicapped accessible parking spaces and access aisles shall be level
with surface slopes not exceeding one to fifty (1:50) or two percent (2%)
in all directions.
i. The cross slope of ramps shall not exceed one to fifty (1:50).
j. It is preferable to provide the handicapped accessible route at the front
of the stalls. The handicapped accessible route should avoid crossing
lanes of vehicular travel. When crossing vehicle travel lanes is necessary,
the route of travel shall be designated and marked as a crosswalk.
31 January 2000 90
CITY OF GEORGETOWN
ZONING ORDINANCE
TABLE 7B Parking Facilities Design*
*Compact car standards are listed in parenthesis where applicable.
D. Paving and drainage. The following basic standards shall be observed:
1. For all uses except single family dwellings, parking and loading facilities
shall be surfaced and maintained with asphaltic, concrete, or other
permanent hard surfacing material sufficient to prevent mud, dust, loose
material, and other nuisances. Pervious materials may be allowed as
approved by the Director of Community Owned Utilities.
2. Parking and loading facilities shall be graded and provided with permanent
storm drainage facilities, meeting the City's construction specifications.
Curbing and drainage improvements shall be sufficient to control free flow
of water onto adjacent properties, public streets or alleys, and to provide
adequate drainage in accordance with City code.
E. Parking and loading facilities shall meet the following standards:
1. Safety barriers, protective bumpers or curbing, and directional markers shall
be provided in conformance with the City's Construction Standards and
Specifications for Roads, Streets, Structures and Utilities, to assure safety,
promote efficient utilization, protect landscaping, and prevent encroachment
onto adjoining public or private property.
31 January 2000 91
Parking
Maneuvering
Parking
Parking
Total Width of 2
Pattern
Lane Width
Space
Space
Tiers of Spaces &
Maneuvering
Lane
One
Two
Width
Length
One
Two
Way
Way
Way
Way
0"
ill
18'
8.5'
25'
28'
35'
(22)
Parallel
30-50"
12'
20'
9' (8.5)
21'
54'
62'
(16)
(44)
(52)
54-74"
13'
22'
9' (8.5)
211(16.
55'
64'
(12)
(19)
5)
(45)
52)
75-90"
15'
24'
9.5'
20'
55'
64'
(14)
(22)
(8.5)
(16.5)
(47)
(55)
*Compact car standards are listed in parenthesis where applicable.
D. Paving and drainage. The following basic standards shall be observed:
1. For all uses except single family dwellings, parking and loading facilities
shall be surfaced and maintained with asphaltic, concrete, or other
permanent hard surfacing material sufficient to prevent mud, dust, loose
material, and other nuisances. Pervious materials may be allowed as
approved by the Director of Community Owned Utilities.
2. Parking and loading facilities shall be graded and provided with permanent
storm drainage facilities, meeting the City's construction specifications.
Curbing and drainage improvements shall be sufficient to control free flow
of water onto adjacent properties, public streets or alleys, and to provide
adequate drainage in accordance with City code.
E. Parking and loading facilities shall meet the following standards:
1. Safety barriers, protective bumpers or curbing, and directional markers shall
be provided in conformance with the City's Construction Standards and
Specifications for Roads, Streets, Structures and Utilities, to assure safety,
promote efficient utilization, protect landscaping, and prevent encroachment
onto adjoining public or private property.
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2. Visibility of and between pedestrians, bicyclists, and motorists shall be
assured when entering individual parking spaces, circulating within a
parking facility, and entering and exiting a parking facility.
3. Internal circulation patterns, and the location and traffic direction of all
access drives, shall be designed and maintained in accordance with accepted
principles of traffic engineering and traffic safety.
F. Lighting. Lights provided to illuminate any parking facility or paved area shall,
to the maximum extent feasible, be designed to reflect away from any
residential use.
G. Fencing, Screening, and Landscaping. All parking lots shall be landscaped in
accordance with the requirements in Section 6.3.
H. Noise. Areas used for primary circulation, for frequent idling of vehicle
engines, or for loading activities shall be designed and located to minimize
impacts on adjoining properties, including provisions for screening or sound
baffling.
I. Maintenance. All parking and loading facilities shall be maintained to assure
desirability and usefulness of the facility. Such facilities shall be maintained
free of refuse, debris, or other accumulated matter and shall at all times be
available for the off-street parking or loading use for which they are required or
intended.
J. Adjustments. For a use or a site subject to site plan review or a conditional use
permit, the minimum requirements of this section may be adjusted in their
application, provided such change is determined by the Commission to provide
improved design, usability, attractiveness, and protection to adjoining uses, in a
manner equal to or greater than the specific requirements of this section.
7.108 Special Parking Requirement Areas
A. Purpose. Special parking requirements shall apply within designated portions of
Georgetown in order to recognize and encourage relatively greater mobility and
accessibility of future facilities, to promote the construction of appropriately
located public parking facilities, to discourage inharmonious parking
facilities/areas in historic districts or on sites occupied by historic structures,
and to reduce intrusion on pedestrian -oriented street frontages by parking
facility access.
B. Special Parking Requirements Area. Within a designated Special Parking
Requirements area, the following provisions shaft apply in -lieu of the
regulations otherwise established by the off-street parking and loading
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regulations.
1. There shall be no off-street parking requirement for any use occupying a
qualifying historic structure.
2. There shall be no off-street parking requirement within the downtown
Historic District for any use occupying a structure of less than four thousand
(4,000) gross square feet of floor space.
3. There shall be visual screening of open parking garages or lots along street
frontages.
4. Enclosed parking garages within the central business district must be
separated from the adjacent street by enclosed commercially leasable space
fronting the adjacent street at the ground level. On any site that is less than
one (1) city block on any side, this provision may be waived or adjusted by
the Commission or the Council, provided at least fifty percent (50%) of the
garage fronting on the adjacent streets at the ground level shall be enclosed
by commercially leasable space. All remaining areas shall be screened.
5. There shall be no curb cut greater than thirty (30) feet for garage access.
6. There shall be a clear one hundred sixty (160) degree cone of vision at the
intersection of sidewalks and any parking access and/or egress lanes.
7. There shall be no openings for vehicle access at any level to parking garages
or curb cuts in the Historic District, unless the Commission approves such
access and includes a finding in its approval that the applicant has
demonstrated that the proposed project will not unreasonably impair
pedestrian and vehicular movement in the affected area and adequate
precautions have been made for the safety and convenience of the public.
The decision of the Commission may be appealed to the Council. If the
Council approves such application, it shall be required to make the same
finding as provided above.
[Section 7 as shown amended by Ordinance 96-08]
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PART EIGHT: ACCESSORY USES AND BUILDINGS REGULATED
Section 8.1 The Following Accessory Uses Are Permitted
8.101 In the "R" Districts
Private Garages
Vegetable and flower gardens.
Raising and keeping of small animals and fowl, but not on a commercial basis or on
a scale objectionable to neighboring property owners.
Tennis courts, swimming pools, garden houses, and similar uses customarily
accessory to residential use.
8.102 In the "R -M" District, there may also be storage garages and parking lots for use
solely of occupants of the premises.
8.103 In the "C" and "I" Districts there may be any accessory use.
8.104 Temporary buildings for construction purposes are permitted in any district as
accessory buildings during the course of construction.
Section 8.2 Accessory Buildings Shall Be Located In Accordance With The Following
8.201 No structure or impervious construction shall be allowed in the front yard area
except for the following:
A. Fences and screens in accordance with Sections 6 and 8 of these regulations;
B. Driveways and sidewalks as allowed herein;
C. Utility distribution lines and appurtenances within dedicated easements and
rights-of-way; and/or
D. Drainage structures.
8.202 No structures or impervious construction shall be allowed in required side or rear
building setback areas except for the following accessory structures on one (1), two
(2) or three (3) family residential lots:
A. Swimming pools located at least three (3) feet from the property line and
screened by a six (6) foot tall privacy fence;
B. Playscapes not taller than nine (9) feet above mean grade, located at least three
(3) feet from the property line and screened by a six (6) foot tall privacy fence;
and/or
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C. Satellite dishes or telecommunications devices not taller than nine (9) feet
above mean grade, located at least three (3) feet from the property line and
screened by a six (6) foot tall privacy fence.
D. Driveways to side entry garages.
Section 8.3 Requirements for Fences
8.301 Fences may be constructed in accordance with the following provisions:
8.302 No fence along a common property boundary shall be greater than six (6) feet in
height, excepting:
A. Fences not greater than eight (8) feet, as required to impede access to hazardous
facilities including, but not limited to, electrical substations, swimming pools
and chemical or equipment storage yards.
B. Fences not greater than eight (8) feet, where the slope of a line drawn
perpendicular to the fence line averages twenty percent (20%) or more on either
side of the fence over a distance no less than fifteen (15) feet.
C. Fences not greater than eight (8) feet, where the fence forms a continuous
perimeter around a subdivision and the design of said perimeter fence is
approved by the Commission.
D. As otherwise permitted in Parts 5 and 6 of this ordinance.
8.303 Fences less than or equal to three (3) feet in height shall be allowed in front yards.
8.304 No fence or other structure more than thirty percent (30%) solid or more than three
(3) feet high shall be located within twenty-five (25) feet of the intersection of any
rights-of-way.
8.305 All fences shall be constructed to maintain structural integrity against natural forces
such as wind, rain and temperature variations.
8.306 The finished side of all fences built to comply with these regulations shall face the
protected use.
[Sections 8.2 and 8.3 shown as amended by Ordinance 96-08]
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PART NINE: CONDOMINIUMS
Section 9.1 Provided that any commercial or office building, multiple dwelling or rowhouse
project is constructed in conformance with this and other applicable ordinances of
the City, and that such project is a condominium as set forth and in compliance with
any State Laws governing same, individual units from the condominium may be
conveyed or sold along with the pro -rated portion or portions of the common area or
property and parking areas of the project or condominium. The requirements of this
Ordinance as to yards, setbacks, lot sizes and facing a public street, shall apply to the
structure or group of structures compromising one development from which the
individual units are conveyed and shall not apply to the individual units.
Private restrictions or covenants shall be recorded for each condominium, which
restrictions or covenants shall first be approved by the City Attorney as to form and
contents and shall include limitations upon the further division of dwelling units and
common areas of property, shall prohibit occupancy of any dwelling unit by more
than one family, and shall provide for adequate and perpetual maintenance of
structures, facilities and common properties or areas and parking areas. Common
property or areas and parking areas shall be pro -rated among all of the units for
conveyance, and upon sale of all units in the project or structures, no residue of
common Property shall remain.
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PART TEN: ADOPTION OF MAPS
Section 10.1 Property In The City Is Zoned According To The Maps Attached Hereto And Made
A Part Of This Ordinance,
PART ELEVEN: BOARD OF ADJUSTMENT
Section 11.1 Board of Adjustment Created
There is hereby created within and for the City of Georgetown a Board of
Adjustment, hereinafter referred to as the "Board", with the powers and duties as set
forth below.
Section 11.2 Organization
The Board of Adjustment shall consist of five (5) members whose appointments
shall be made on the recommendation of the Mayor and approved by vote of a
majority of the City Council in regular open meetings; each to be appointed for a
term of two (2) years; provided, however, that for the first appointment under the
provisions of this Ordinance, two (2) members shall be appointed for a term of one
(1) year and three (3) members shall be appointed for a term of two (2) years. All
appointments thereafter shall be for a term of two (2) years. The term of office shall
expire on the last day of March in the year the term is completed. Members may be
removed for cause by the appointing authority upon written charges and after a
public hearing. Vacancies shall be filled for the unexpired term of any member
whose position becomes vacant. A maximum of four (4) alternate members may be
appointed to the Board and shall serve in the absence of one or more regular
members when requested to do so by the City Manager or his designated
representative. The alternate members shall: be appointed; serve; have vacancies
filled; and be subject to removal in the same manner and for the same period as the
regular members.
Two (2) of the Board's five (5) members shall be active members of the City of
Georgetown's Planning and Zoning Commission and their appointments to the
Board shall terminate upon the expiration of their terms as Planning and Zoning
Commissioners, except as otherwise provided for herein.
Furthermore, Members of the Board must be registered voters in the City of
Georgetown and must have resided within the City for one (1) year preceding their
appointment.
Section 11.3 Procedure
The Board shall adopt rules in accordance with the provisions of this Ordinance. A
Chairperson shall be selected from among the members of the Board but in no
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instance shall the Chairperson of the Board also serve in the capacity of Chairperson
of the Planning and Zoning Commission,
Meetings of the Board shall be held at the call of the Chairperson and at such other
times as the Board may determine. The Chairperson, or in his absence, the
Vice -Chairperson may administer oaths and compel the attendance of witnesses. All
meetings of the Board shall be open to the public. The Board shall keep minutes of
its proceedings showing the vote of each member upon each question, or if absent or
failing to vote indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall be filed in the office of the Director and shall
be a public record. The concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision or determination of any
administrative official, or to decide in favor of the applicant on any matter upon
which it is required to pass under this Ordinance, or to effect any variation in this
Ordinance.
All questions of interpretation and enforcement shall first be presented to the Board
only on appeal from the decision of an administrative official, and recourse from the
decision of Board shall be by appeal to a Court of Record as herein provided.
Appeals to the Board may be taken by any person aggrieved or by any officer,
department, board, or division of the City affected by any decision of an
administrative official. Such appeal shall be taken within thirty (30) days from the
date of the decision by filing with the officer from whom the appeal is taken or with
the Director a notice of appeal specifying the grounds thereof, and by paying the
filing fee at the time the notice is filed. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. An appeal stays all proceedings in
furtherance of the action appealed from, unless the officer from whom the appeal is
taken certifies to the Board, after notice of appeal shall have been filed with him, that
by reason of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board or by a
Court of Record on application and notice to the officer from whom the appeal is
taken and on the cause shown.
The Board shall fix a reasonable time for the hearing of the appeal, giving public
notice thereof, as well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing any party may appear in person or by
agent or by attorney. The public notice required by this section shall be given by
publication at least once in a newspaper of general circulation in the city, stating the
time and place of such hearing, which will not be earlier than fifteen (15) days from
the first date of such publication. In addition thereto, for all applications for a
variance or special exception notices of such hearings shall be mailed not fewer than
ten days prior to such hearing to the petitioner and to each owner of property lying
within two hundred (200) feet of any point or portion of the property for which a
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variance or special exception is requested and to all other persons deemed by the
Board to be affected thereby. Such owners and persons shall be determined
according to the current tax rolls of the City, and substantial compliance therewith
shall be deemed sufficient provided, however, that written certification to the Board
that such written notice was mailed shall be deemed sufficient compliance with the
purpose of this notice.
Furthermore, all applications for a variance or special exception shall comply with
the procedural requirements mandating the posting of notice signs as set forth below
in Section 14.2031 of this Ordinance.
The duties of the City Council in connection with this ordinance shall not include
hearing and deciding questions of interpretation and enforcement that may arise from
time to time. The procedure for deciding such questions shall be stated in this section
and this Ordinance. Under this Ordinance the City Council shall have only the
duties:
1. of considering, adopting, or rejecting proposed amendments, or repealing this
ordinance, as provided by law; and
2. of establishing a schedule of fees for appeals hereunder, for building permits
and all other expenses connected with the enforcement of this Ordinance;
3. as specifically assigned by this Ordinance.
Section 11.4 Powers. The Board shall have and be entitled to exercise the following powers:
11.401 Interpretations
To hear and decide appeals where it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative official in the
interpretations or enforcement of this Ordinance.
11.402 Variances. Where, by reason of:
1. Exceptional narrowness, shallowness, or shape of a specific piece of property at
the time of the original adoption of this Ordinance; or
2. Exceptional topographical conditions or other extraordinary or exceptional
situation or condition of a specific piece of property, which condition is not
generally prevalent in the area, the strict application of the provisions of this
Ordinance would result in peculiar and exceptional practical difficulties to or
exceptional and undue hardship upon the owner of such property, the Board is
hereby empowered to authorize upon an appeal relating to such property a
variation from such strict application so as to relieve such difficulties or
hardship, and to establish such requirements relative to such property as would
carry out the purpose and intent of this Ordinance.
In granting approval of a request for variance the Board shall certify that:
a. The public convenience and welfare will be substantially served; and
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b. The appropriate use of surrounding property will not be substantially or
permanently impaired or diminished; and
C. The applicant has not created the hardship from which relief is sought;
and
d. the variance will not confer upon the applicant a special right or privilege
not commonly shared or available to the owners of similar and
surrounding property; and
e. The hardship from which relief is sought is not solely of an economic
nature.
11.403 Special Exceptions
To hear and decide special exceptions in accordance with the terms and conditions as
specifically set forth in this Ordinance and in particular:
1. To permit a transitional use in the "R -S" Single Family Residential District as
set forth in Section 2.09 of this Ordinance.
2. To permit an extension of time to allow
salvage and
wrecking
yards to conform
to the requirements of this Ordinance as
set forth in
Section 4.107
herein.
3. To permit the use of a lot or lots in a "R" Residential District adjacent to a "C"
Commercial or "I" Industrial District even if separated therefrom by an alley for
the parking of passenger cars, provided no fee is charged, and under such
safeguards and conditions as the Board may require for the adequate protection
of the more restricted property.
4. To permit the reconstruction of a building occupied by a non -conforming use,
provided such reconstruction does not prevent the return of such property to a
conforming use and the structure conforms to the Area, Parking, Height, &
Landscaping Regulation of the zoning district in which the property is located.
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5. To require the discontinuance of non -conforming uses of land, (not principal
structures) under any plan whereby the full value of any improvements can be
amortized within a reasonable number of years, taking into consideration the
general character of the neighborhood and the necessity for all property to
conform to the regulations of this Ordinance.
6. To reduce the required number of off-street parking spaces if it can be shown
that the required minimum as herein established will not at any time be
necessary because of the character of the proposed uses and a probable limited
quantity of employees, clients, customers or tenants, or to achieve the
preservation and protection of significant natural and cultural features.
7. To permit any use of public buildings to be erected or used by the City, County,
State or Federal Government.
8. To permit the location of transmitting towers and antennae for any radio or
television broadcasting station.
9. To permit installation of a public utility either publicly or privately owned.
10. To permit the extension of a district where the boundary line of a district
divides a lot in single ownership as shown of record.
11. To interpret the provisions of this Ordinance where the street layout actually on
the ground varies from the street layout as shown on the map fixing the several
districts, which map is attached to and made a part of this Ordinance.
12. To allow exceptions to material and articulation requirements, Sections 5.5 and
5.6 when:
a. An existing building is primarily constructed of other materials; or
b. A building is being constructed on an infill site where buildings in the
block face or the block face across the street are primarily constructed of
other materials; or
C, An expansion creates the need for full compliance with the requirements
of this ordinance and specific conditions of the expansion would create
undue hardship for the applicant or property owner.
An exception shall be limited only to actual materials typical of the period or
style of the building's original material, or to materials of similar appearance,
but which have the same or greater durability.
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Section 11.5 Decisions
In exercising the above mentioned powers as set forth in Section 11.4 of this
Ordinance, the Board may, in conformance with the provisions of this Ordinance,
reverse or affirm, wholly or partly, or may modify the order, requirement, decisions,
or determination appealed from and may make such order, requirement, decision, or
de- termination as ought to be made, and to that end shall have all the powers of the
officer from whom the appeal is taken. All rulings made upon any appeal to the
Board shall be accompanied by a written finding of fact based upon the testimony
received at the hearing afforded by the Board, and shall specify the reason for
granting or denying the appeal. All such decisions shall be set forth in a written
order, signed by the Chairperson and filed for record in the office of the City
Secretary,
Section 11.6 New Applications
No application appealing the same or essentially the same decision of an
administrative official nor requesting the same or substantially the same variance or
special exception on the same or substantially the same property shall again be
considered by the Board within one (1) year of the date of the Board's original order
on the matter.
Section 11.7 Appeals from the Board of Adjustment
Decisions made by the Board of Adjustment shall be appealed in accordance with
Section 211.011 of Chapter 211 of the Local Government Code of the State of
Texas, as the same may be amended from time to time.
[Section 11 shown as adopted by Ordinance #86-28]
[Section 11.7 shown as adopted by Ordinance 880114.16, March 22, 1988; See Appendix]
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PART TWELVE: BOUNDARIES OF DISTRICTS
Section 12.1 Rules Where Uncertainty May Arise. Where uncertainty exists with respect to the
boundaries of the various Districts as shown on the map accompanying and made a
part of this Ordinance, the following rules apply:
12.101 The district boundaries are street, alley, and property lines unless otherwise shown,
and where the districts designated on the map accompanying and made a part of this
ordinance are bounded approximately by street, alley, or property line, the street,
alley, or property line shall be construed to be the boundary of the district.
12.102 Where the district boundaries are otherwise indicated, and where the property has
been or may hereafter be divided into blocks and lots, the district boundaries shall be
construed to be property lines and where the districts designated on the map
accompanying and made a part of this Ordinance are bounded approximately by lot
lines, the lot lines shall be construed to be the boundary of the districts, unless the
boundaries are otherwise indicated on the map.
12.103 In unsubdivided property, the district boundary lines on the map accompanying and
made a part of this Ordinance shall be determined by use of the scale appearing on
the map.
12.104 In the case of a district boundary line dividing a property into two parts, the district
boundary line shall be construed to be the property line nearest the less restricted
district.
PART THIRTEEN: ENFORCEMENT
Section 13.1 The Provisions Of This Ordinance Shall Be Administered And Enforced By The
Building Inspector Of The City. All applications for building permits shall be
accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of
the lot to be built upon, the size of the building to be erected, the use of the property,
and such other information as maybe necessary to provide for the enforcement of
these regulations. A careful record of such applications and plats shall be kept in the
office of the Building Inspector,
PART FOURTEEN: AMENDMENTS
Section 14.1 Authority. The City Council may from time to time, on its own motion or on
petition, amend, supplement, change, modify, or repeal the regulations, restrictions,
and boundaries herein established. In addition, a comprehensive review of the
Zoning Ordinance text and map shall be made by the City Planning and Zoning
Commission at least every three (3) years, and a report and recommendation thereon
shall be filed with the Mayor and City Council. The three year (3) time period shall
commence upon the date of adoption of this Ordinance.
Certain provisions of this ordinance are subject to "sunset" provisions as specified in
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ZONING ORDINANCE
the ordinances adopting those provisions.
Section 14.2 Application and petitions for amendments or changes to the Regulations and/or
District Map,
14.201 Any person, firm or corporation petitioning the City Council for a change in the
Regulations or District Map shall do so upon forms provided for such purposes by
the office of the Director of Development Services or other City office as directed by
the City Council. All petitions or applications for changes in the Regulations or
District Map shall be filed with the office of the Director of Development Services or
other City office as directed by the City Council.
14.202 No action to amend, supplement, change, modify or repeal the Zoning Ordinance or
the District Map relative to uses and special permits shall be final until there shall
have been a public zoning hearing thereon with public notice of such hearing as
herein required and as required by law.
14.203 Notice of such public zoning hearing on uses and special permits involving any such
change in zoning shall be given by publication once in a newspaper of general
circulation in the City of Georgetown, stating briefly the change or amendment to be
considered at the hearing, and the time and place of the City Planning and Zoning
Commission hearing, which time shall not be earlier than fifteen (15) days from the
date of such publication. In addition to the said newspaper notice, written notice
shall be given of the time and place of the hearing of said planning and Zoning
Commission, stating the address of the property proposed for change or special
permit and briefly the change or special permit that is to be considered. Such notice
shall be sent to each of the owners of such land, as determined from the most
recently approved City tax roll of all real property lying within 200 feet of the
property on which the change in classification or a special permit is proposed. Such
notice shall be given not less than fifteen (15) days before the date set for hearing
before the City Planning and Zoning Commission and shall be deemed to have been
given when deposited in a United States Mail receptacle with postage prepaid and
sent Certified Mail Return Receipt Requested.
14.2031 In addition to any other notices required, the applicant for a Special Permit or a
change in the Regulations or District Map shall place on the property for which such
Special Permit or change is applied a sign or signs as herein required for the purpose
of further advertising the hearing as herein above required. Such signs shall be
placed on the property involved not less than fifteen (15) days before the date set for
said hearing, shall be no smaller than eighteen inches (18") wide by twenty-eight
inches (28") long and shall display the current classification of the property and the
classification sought, and the date, time and place of the Planning and Zoning
Commission hearing along with such other information as may be determined
necessary by the Director of Development Services. All such signs must be placed
within ten feet (10') of each property line paralleling all established or proposed City
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ZONING ORDINANCE
streets, must be visible from that street and must be spaced at not more than three
hundred foot (300') intervals. All required signs shall remain on the property until
after final action by the City Council on the applicant's request but shall be removed
by the applicant not later than five (5) days after such final action. Applicant shall
use best efforts to maintain posting for a period of fifteen (15) days prior to the date
of the first public hearing. Applicant shall notify the Director of Development
Services of destruction or removal of said signs by vandals or by other causes
removal beyond applicant's control, upon becoming aware of such damage,
destruction or removal. When it becomes apparent that due public notice has been
given, in whatever legal form, but it also appears that such signs have not been
posted for a continuous period of fifteen (15) days prior to the first scheduled public
hearing but were first posted within the time set out herein, the hearing may not be
postponed due to lack of posting.
14.2032 Any person who, without authority, intentionally, knowingly or recklessly removes,
damages, destroys, or tampers with any sign placed on property as required by the
above sections shall be guilty of a misdemeanor and upon conviction shall be fined
not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00).
14.204 The Public Meeting of the Planning and Zoning Commission shall be conducted
pursuant to the rules or Order commensurate with proper conduct. No official action
shall be taken at such meetings except that the Planning and Zoning Commission at
such meetings shall prepare its written report to the City Council which shall contain
its recommendations as to the action to be taken.
14.205 After receipt by the City Council of the recommendations of the City Planning and
Zoning Commission, the City Council shall at either a regular or special meeting, act
upon the proposed changes, amendments or Special Permits. Except as hereinafter
provided, a Majority vote of the City Council shall be required for passage of a
proposed change, amendment, or Special Permit. In case however of a written protest
against such change signed by the owners of twenty percent (20%) or more either of
the area of the lots or land included in such proposed change or of the lots or land
immediately adjoining the same and extending two hundred (200) feet therefrom, or
when the Planning and Zoning Commission has recommended to the Council that
such proposed amendment, supplement, or change be denied, such amendment shall
not become effective except by the favorable vote of three-fourths (3/4) of all
members of the City Council.
14.206 The Official Zoning Map of Georgetown shall be and is hereby designated as that
Zoning Map of Georgetown bearing the original authenticating signature of the
Mayor of said City and dated as of date of this Amendatory Ordinance. Said Official
map shall be held in the custody of the City of Georgetown and be reasonably
available for public observation. There shall be only one (1) such Official Zoning
Map but for convenience copies thereof may be used and duplicated but each copy
shall clearly show thereon in bold black print the following: "COPY OF ZONING
31 January 2000 105
CITY of GEORGETOWN
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MAP FOR GENERAL INFORMATION ONLY. SEE OFFICIAL ZONING MAP."
[Section 14.2 shown as amended by Ordinance #83-16 and #84-50]
Section 14.3 The only public notice to be given by newspaper publication is that required in the
preceding sections dealing with proposed amendments relative to "use" and to
"special permits". In all other respects, the City Council may amend, change, alter or
rescind this Ordinance or any portion hereof in the same manner as its other
Ordinances.
In those instances where the Planning and Zoning Commission considers requests for
changes, amendments and the like, such Commission shall make its
recommendations known to the City Council, but no joint meetings of the City
Council and Planning and Zoning Commission shall be required.
Section 14.4 If the City Council fails to pass an Ordinance approving such proposed Special
Permit, amendment, supplement, or change, then, in that event, a new application for
such proposed Special Permit, amendment, supplement or change to the Zoning
Ordinance shall not again be considered until after the expiration of six (6) months
from the date such proposed amendment, supplement or change was rejected;
provided, however, that such application may be reconsidered within the above
mentioned six (6) months period if it be shown that a substantial change in
conditions has taken place in the vicinity of the property sought to be rezoned or for
which a Special Permit was requested.
Section 14.5 Notwithstanding any of the provisions of this Ordinance, any owner of property that
has been changed by this Ordinance to a more restricted zone, may, within six (6)
months from the final passage of this Ordinance, apply for and receive a building
permit for the construction of any use that was permitted in said zoning district prior
to the adoption of this Ordinance.
31 January 2000 106
CITY OF GEORGETOWN
ZONING ORDINANCE
PART FIFTEEN; VIOLATION AND PENALTIES
.Any person who shall violate any of the provisions of this Ordinance or who shall fail to comply
therewith or with any of the requirements thereof, or who shall erect or alter any building in violation
of any detailed statement of plan submitted or approved thereunder, shall for each and every
violation or non-compliance be deemed guilty of a misdemeanor and shall be fined not more than
Two Thousand dollars ($2000.00) and each day such violation shall be placed or shall exist, and any
architect, builder, contractor, agent or corporation employed in connection therewith who may have
assisted in the commission of any such violation shall each be guilty of a separate offense and upon
conviction shall be subject to the penalties herein provided.
PART SIXTEEN: INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum
requirements for the promotion of the public safety, health conveniences, comfort, prosperity or
general welfare. It is not intended by this Ordinance to interfere with abrogate or annul any easement,
covenants or other agreements between parties, provided; however, that where this Ordinance
imposes a greater restriction upon the use of buildings, or premises, or upon height of building or
requires larger open spaces than are imposed or required by other Ordinances, rules, regulations or
by easements, covenants or agreements, the provision of this Ordinance shall govern.
PART SEVENTEEN: SAVINGS CLAUSE
If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be
adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a
whole or any part or provision thereof other than the part so declared to be invalid or
unconstitutional.
31 January 2000 107
CITY OF GEORGETOWN
ZONING ORDINANCE
PART EIGHTEEN: DEFINITIONS
Section 18.1 The following words, where used in this Ordinance, shall have the meaning thereof
described as follows:
18.101 Words used in the present tense include the future.
The singular number includes the plural and the plural the singular.
18.102 Accessory Building - A separate building devoted to an accessory use.
18.103 Accessory Use - A use subordinate to and incidental to the primary use of the main
building or to the primary use of the premises.
18.104 Alley - Land dedicated to public use and devoted to secondary access to lots.
18.105 Basement - The part of a building from one floor to the next floor which has part, but
less than one-half its height, below grade. If a basement is subdivided and used for
dwelling purpose, it is counted as a story, a cellar is not.
18.106 Board - The Board of Adjustment.
18.106.a Buffer - any combination of space, vegetation, buildings, roadways, structures or
other land uses that reduce the visual and acoustic impact of adjacent land uses on
one another.
18.107 Build - To erect, convert, enlarge, reconstruct, or structurally alter a building or
structure.
18.108 Buildable Width - The width of lot left to be built upon after the side yards are
provided.
18.109 Building - Any structure built for use of persons or animals.
18.110 Cellar - The part of a building from one floor to the next floor above which has more
than one-half its height below grade. If a basement is subdivided and used for
dwelling purposes, it is counted as a story; a cellar is not.
18.110.a Child Care
1. Day Care - provision of regulated child care in a facility defined by the state as
a day care center.
2. Home Child Care - provision of regulated child care in a facility defined by the
state as a family home.
3. Intermediate Child Care - provision of regulated child care in a facility defined
by the state as a group day care home.
4. Regulated Child Care - custodial care for more than three non-resident children
31 January 2000 108
CITY OF GEORGETOWN
ZONING ORDINANCE
under the age of 12 for more than one hour per day for two days per week and
for five consecutive weeks.
18.111 City - City of Georgetown, Texas.
18.112 Development Site Plan - A detailed site layout plan containing sufficient information
to evaluate the land use and architectural harmony of the proposed development
including compatibility of the development with nearby areas.
18.113 District - A part of the City wherein regulations of this Ordinance are uniform.
18.114 Dwelling - A building used entirely for residential purposes.
18.115 Single -Family Dwelling - A building that contains one living unit.
18.116 Two -Family Dwelling - A building that contains only two living units.
18.117 Multiple Dwelling - A building that contains three or more living units.
18.118 Family - One or more persons related by blood, marriage or adoption occupying a
living unit as an individual housekeeping organization. A family may include not
more than four persons not related by blood, marriage, or adoption.
18.119 Final Plat - A plat submitted to the City of Georgetown in compliance with the City
Subdivision Ordinance.
18.120 Flood Damage Prevention Development Permits - A permit issued by the Building
Official of the City of Georgetown to a developer of land located on all or parts of an
area of specified flood hazard (100 year flood plain) as required by Section 6-96 of
the City Code.
18.121 Floor Area - The square feet of floor space within the outside line of walls and
including the total of all floors of a building. It does not include porches, garages, or
space in a basement or cellar not used for dwelling purposes.
18.122 Grade - The average level of the finished surface of the ground for buildings more
than five feet from a street line. For buildings closer than five feet to a street, the
grade is the sidewalk elevation at the center of the building. If there is more than one
street, an average sidewalk elevation is to used. If there is not sidewalk, the City
Engineer shall establish the sidewalk grade.
18.123 Half -Story - The space under a sloping roof; all of which space must be at least three
feet high, but not more than 60 percent of which floor area may be finished off for
..use.
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CITY OF GEORGETOWN
ZONING ORDINANCE
18.124 Height of a Building - The vertical distance from the grade to:
a) the highest point on a flat roof,
b) the deck line of a mansard roof,
c) the mean height between eaves and ridge for gable, hip and gambrel roofs.
18.125 Home Occupation - An accessory use; an activity carried on only by a resident
member of a family meeting these conditions:
a) Only one non -illuminated sign no larger than two square feet in area is used,
b) Nothing is done to make the building appear in any way as anything but a
dwelling,
c) If some product is made as part of the activity, it and only it may sold. Nothing
else can be sold,
d) No one is employed outside the resident family,
e) Mechanical equipment used is only that normally used in, or found in a
single-family dwelling.
18.126 Hotel - A dwelling not consisting of living units and occupied by more than 20
persons. Apartment hotel is a multiple dwelling under resident supervision which
maintains an inner lobby though which all tenants must pass to gain access to the
apartments and which may furnish services ordinarily furnished by hotels; such as
drug store, barber shop, cosmetologist's shop, cigar stand, or news stand, when such
uses are located entirely within a building with no entrance from the street nor
visible from any sidewalk, and having no sign or display visible from the outside of
the building indicating the existence of such use.
18.127 Inert Architectural Materials - Planters, brick, stone, pebbles, aggregates, sand,
prairie film, decorative walls, and fences, natural forms (driftwood, fossils, seashells,
etc.), water forms and other non -living landscape features. Smooth concrete and
asphalt are not approved for use in the required landscaped area.
18.128 Landscaped Area - That space within a proposed building site designed for the
installation of plant materials plus any inert architectural materials that are
commonly used for supporting and complementing ornamental plantings. Inert
materials are not to constitute more than half of any required landscaped area.
18.129 Large Trees - Any tree having a seventy-two (72) inch circumference or larger,
measured four and one-half (4 Meet above the natural grade, or if branched below 4
I/z feet measured at the narrowest trunk segment between the lowest branch and the
natural grade, is considered in this Ordinance as a "Large Tree".
18.130 Living Unit -
a kitchen
The room or rooms occupied by a family. The living unit must include
31 January 2000 110
CITY OF GEORGETOWN
ZONING ORDINANCE
18.131 Lodging House - A dwelling consisting of not more than one living unit occupied by
not more than 20 persons not related by blood, marriage, or adoption. This term
includes rooming house, boarding house, tourist home, and nursing home:
18.132 Lot - A parcel of land adequate for occupancy by a use herein permitted, providing
the yards, area, and off-street parking herein required and fronting directly upon a
street.
18.132a Manufactured Home - a 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.
18.132b Manufactured Home Park - a parcel of land under single entity ownership which has
been planned and improved for the placement of one (1) or more manufactured
homes and their accessory uses and service facilities.
18.132c. Manufactured Home Park Lease Space - an area designated within a Manufactured
Home Park for placement of a housing unit. See also Lot, with the exception that off-
street parking for each housing unit does not have to be located on the individual
lease space, but rather within the park parcel.
18.132d. Manufactured Home Park Parcel - area of land that will accommodate a
Manufactured Home Park.
18.133 Mature Trees - Trees with a thirty-six (36) inch circumference or larger, measured
four and one-half (4 I/2) feet above the natural grade or, if branched below 4 I/2 feet,
measured at the narrowest trunk segment between the lowest branch and the natural
grade. All species of woody plants attaining a mature height over fifteen (15) feet
and meeting the 36" circumference or greater requirement are "Mature Trees" for the
purposes of this Ordinance, except that the members of the following genera or
species are not protected:
1) Juniperus spp., ex. Ashe juniper
2) Populus spp., ex. Cottonwood
3) Platanus spp., ex. Sycamore
4) Celtis spp., ex. Hackberry
5) Mortis spp., ex. Mulberry
6) Melia azedarach L., Chinaberry
7) Acernegundo L., Boxelder
8) Sapium sebiferum L., Chinese Tallow
31 January 2000 111
CITY OF GEORGETOWN
ZONING ORDINANCE
18.134 Mobile Home - a structure that was constructed before June 15, 1976, that is
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.
18.134a Mobile Home Park - a site with required improvements and utilities for long term
parking or placement of mobile homes and manufactured houses which are not
permanently anchored to a permanent foundation.
18.135 Model Home - a single family or duplex housing unit typical of the style available
for sale in a particular subdivision, but used for display or sales of new residences.
18.136 Motel - An inn or group of cabins designed for occupancy by paying guests.
18.137 Office Building - A building designed for or used as the offices of professional,
commercial, religious, public or semi-public persons or organizations provided that
no goods, wares, or merchandise shall be prepared or sold on the premises.
18.138 Parking Space - An area on a lot sufficient in size to store one automobile (not less
than nine (9) feet wide and twenty (20) feet long) connected to a public street or alley
by a driveway not less than ten (10) feet wide and so arranged as to permit ingress
and egress of the automobile at all times without moving any other automobile
parked adjacent to the parking space. The parking space and connecting driveways
shall be a hard, level surface on which vegetation cannot grow.
18.139 Planned Unit Development (PUD) - A land development project of five (5) acres or
more, comprehensively planned as an entity via a unitary of housing types and
compatible land uses, usable open spaces and preservation of natural features. It
should be urban community that is superior in architectural and land use harmony to
development under other district regulations.
18.140 Plant Materials - Living trees, shrubs, vines, ground covers, sod and flowering
annuals, biennials and perennials adapted to the Georgetown soils and climate.
18.141 Preliminary Plat - A plat submitted to the City Subdivision Ordinance.
18.142 Premises - Land together with any buildings or structures occupying it.
18.143 Private Garage - A accessory building housing vehicles owned and used by
occupants of the main building. Where vehicles used by persons other than
occupants are housed, the building is a storage garage.
18.144
Public Building - The term "public building" shall mean any building owner or used
31 January 2000 112
CITY OF GEORGETOWN
ZONING ORDINANCE
exclusively by the City, County, State or Federal Governments.
18.144a Recreational Vehicle - a vehicle or trailer equipped for use as a temporary dwelling
and designed to be driven or hauled.
18.144b Residential Use — any structure which is used primarily for residential purposes. It
may include such uses as a single family or duplex home or apartments, but does not
include a residential use which is ancillary to a non-residential use such as caretakers
quarters.
18.144c Residentially Zoned Property— A property zoned R -E, R -S, RM -1, RM -2, R -P, R -O
or R -MH
18.145 Separate Tract - A parcel of land or a group of contiguous parcels of land under one
ownership on the effective date of this Ordinance.
18.146 Sign - Any outdoor advertising that is a structure or that is attached to or painted on a
building or that is leaned against a structure or displayed on the premises.
18.147 Story - The part of a building form one floor to the next floor above or to the ceiling
if there is no floor above.
18.148 Street - Property dedicated for and accepted by the City for primary public access to
lots.
18.149 Structure - Anything built that requires a permanent location.
18.150 Structural Alteration - Any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams or girders, or any complete re -building
of the roof or the exterior walls.
18.151 Townhouse or Rowhouse - A one or two- story structure containing three or more
attached dwelling units, each having aground floor, and the dwelling units attached
side to side by a common wall.
18.152 Trailer - See Recreational Vehicle.
18.153 Yard - An open space on the same lot as a building, except as provided herein it is
unoccupied and unobstructed by a structure.
18.154 Yard Width or Depth - Is the shortest horizontal distance from a lot line to the main
building.
18.155 Front Yard - The area from one side lot line to the other side lot line and between the
main building and the street on which the lot fronts. On corner lot {lots abutting on
31 January 2000 113
CrrY OF GEORGETOWN
ZONING ORDINANCE
two or more streets at their intersections), the front yard shall face the shortest street
dimension of the lot except that if the lot is square or almost square, i.e., has
dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
18.156 Rear Yard - The area from one side lot line to the other side lot line and from the
main building to the rear lot line. The rear yard is always on the opposite end of the
lot from the front yard.
18.157 Side Yard - The area from the front yard line to the rear yard line and form the main
building to a side lot line.
[Section 18.1 amended as shown by Ordinance 96-51]
31 January 2000 114
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS AMENDING THE ZONING
ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TOGETHER
WITH ALL AMENDMENTS THERETO, TO REVISE THE FOLLOWING PARTS OF THE ZONING
ORDINANCE TO INCLUDE STANDARDS FOR IMPLEMENTATION OF THE URBAN DESIGN
ELEMENT OF THE CENTURY PLAN OF THE CITY OF GEORGETOWN, TEXAS: PART 2
CONCERNING DISTRICT REGULATIONS; PART 5 CONCERNING SPECIAL HEIGHT, YARD,
RESIDENTIAL ADJACENCY SETBACK, BUILDING ARTICULATION, EXTERIOR BUILDING
MATERIAL, AND LIGHTING STANDARDS; PART 6 CONCERNING LANDSCAPE AND
IRRIGATION REQUIREMENTS, PROTECTION OF TREES, BUFFERYARDS, PARKING LOT
LANDSCAPING, AND SCREENING STANDARDS; PART 8 CONCERNING ACCESSORY USES
AND BUILDINGS REGULATED; AND ADDING SECTIONS TO THE ZONING ORDINANCE
CONCERNING SETBACKS FOR NON-RESIDENTIAL USES ADJACENT TO RESIDENTIAL
USES IN RESIDENTIALLY ZONED PROPERTY, REQUIRING BUILDING ARTICULATION,
CONCERNING REQUIREMENTS FOR EXTERIOR BUILDING MATERIAL, CONCERNING
LIGHTING STANDARDS FOR MULTI -FAMILY AND COMMERCIAL USES, CONCERNING
REQUIREMENTS FOR SCREENING MECHANICAL EQUIPMENT, OUTSIDE STORAGE, WASTE
CONTAINERS, LOADING DOCKS, RETAIL STORAGE AND DISPLAY AREAS, TOGETHER
WITH ALL SYMBOLS, MARKINGS, DIAGRAMS, PICTURES AND TABLES IN THE
ORDINANCE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING
A SEVERABILITY CLAUSE; INCLUDING A PENALTY CLAUSE; A SUNSET CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its
current Zoning Ordinance governing landscaping, parking, and accessory structures are
inconsistent with the Urban Design Element of the Century Plan, adopted on the 11th day of August,
1998;
WHEREAS, the purpose of the Urban Design Element of the Century Plan, in summary, is
that the City maintain a positive identifiable image and an attractive appearance, and specifically its
`sense of place';
WHEREAS, the Urban Design Element of the Century Plan further states that through the
coordination of the variety of municipal decisions which shape the community, including
development and engineering standards, park and recreation facilities, utilities and other capital
improvements, all of which directly impact the visual and functional quality of the community, the City
will be far more attractive and maintain a coherent community identity to the enduring benefit of all
those who live and do business in the City;
WHEREAS, the City Council hereby determines that the purpose of the proposed revisions
to the Zoning Ordinance are to provide for consistent development of office, retail, commercial, and
residential areas within Georgetown, to enhance the visual image of the City and maximize traffic
safety;
WHEREAS, the City Council hereby determines that the proposed revisions to the Zoning
Ordinance will prevent urban blight, improve structural stability through the use of specific durable
Zoning Ordinance Urban Design Plan Implementation
Ordinance No.
Page I of 4
building materials, and will further improve the economic well-being of Georgetown by protecting
property values;
WHEREAS, the City Council hereby finds that it is in the interest of Georgetown's social and
economic welfare to preserve and promote the City's unique heritage and distinct character;
WHEREAS, the City Council hereby finds that creation of an aesthetically cohesive and
harmonious urban townscape is essential to maintaining Georgetown's sense of place and visual
character throughout the community, and that such cohesion is particular necessary due to the
division of the City by three forks of the San Gabriel River, IH -35, and several other major highways;
WHEREAS, the City Council further finds that the proposed revisions to the Zoning
Ordinance are not intended to stifle architectural creativity, to decrease or limit one -s use of
property, not are they intended to impose undue economic hardship on any property owner as a
result of the requirements set forth in this ordinance;
WHEREAS, the City Council has determined that the proposed revisions to the Zoning
Ordinance more closely reflect the community standards in regard to these issues, and that these
revisions have been made with reasonable consideration, among other things, for the character of
the City, with a view to conserving the value of buildings and encouraging the most appropriate use
of land throughout the City;
WHEREAS, the City Council further determines that variances are provided within the
Zoning Ordinance for any properties which may be particularly adversely impacted by the application
of these proposed revisions;
WHEREAS, structural standards for waste containers are necessary to secure sanitation in
order to promote the general health, safety and welfare of the City; and
WHEREAS, the 1999-2000 Annual Operating Plan Element lists the implementation of the
first phase of incremental revisions to the Zoning Ordinance as a significant means of accomplishing
the City's stated goals; and
WHEREAS, this revision is the first of these incremental revisions;
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 following Century Plan elements:
Policy Plan Element - Growth and Physical Development Policy 3.0 which states
"Citizens, business owners and organizations enjoy the benefits of well-planned land
usage in which conflicting needs are balanced";
Urban Design Element - Focus End 13.1 which states "Georgetown's historic
Zoning Ordinance Urban Design Plan Implementation
Ordinance No.
Page 2 of 4
character is maintained and enhanced";
Urban Design
Element -
Focus
End 13.6 which states "Key thoroughfares are
enhanced to more closely
reflect
the character of the community";
Urban Design Element - Focus End 13.9 which states "Commercial signage does
not dominate streetscapes or vies in the City";
Urban Design
Element - Focus
End 13.16 which
states "Large
buildings are
articulated
parking areas and to provide
shade for cars";
in a
manner and
scale
hereby repealed and are
no
that is reflective
and
of
Georgetown's
character";
Urban Design Element - Focus End 13.19 which states "The impact of commercial
and industrial land uses on single family neighborhoods are minimized";
Urban
Design
Element - Focus End 13.21
which states "Landscaping is used to
break
up large
parking areas and to provide
shade for cars";
Urban Design Element - Focus End 13.22 which states "Non-residential landscaping
is drought -tolerant, but automatic irrigation is included for supplementation during
extreme droughts";
Urban Design Element - Focus End 13.24 which states "Outside storage is
effectively screened and unobtrusive";
The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict
with any other Century Pian Policies, as required by Section 2.03 of the Administrative Chapter of
the Policy Plan,
SECTION 2. The attached Exhibit "A" comprising the Zoning Ordinance of the City of
Georgetown, Texas, is hereby ordained by the City Council of the City of Georgetown, Texas,
including all amendments thereto and specifically adopting the amendments denoted by
underscoring and strike -outs within Exhibit "A".
SECTION
3.
All
ordinances or resolutions,
or
parts of ordinances
and
resolutions, in conflict
with this Ordinance
are
hereby repealed and are
no
longer of any force
and
effect.
SECTION 4. If any provision of this ordinance 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 5. A violation of this ordinance shall be subject to a fine not to exceed $2,000.00
per day for each day such violation exists.
SECTION 6, The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown.
Zoning Ordinance Urban Design Plan Implementation
Ordinance No.
Page 3 of 4
PASSED AND APPROVED on First Reading on the 11 day of April, 2000,
PASSED AND APPROVED on Second Reading on the day of April, 2000.
ATTEST: THE CITY OF GEORGETOWN:
Bv:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Zoning Ordinance Urban Design Plan Implementation
Ordinance No.
Page 4 of 4
MaryEllen Kersch
Mayor