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HomeMy WebLinkAboutORD 96-07 - Zoning ORDORDNANCE N!; AN ORDINANCE OF COUNCILOF THE CITY OF GEORGETOWN, TEXAS9 AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, TO INCLUDE THE MODEL HOME AND CONSTRUCTION OFFICE USES TO SECTION 3.2 OF PART THREE, SPECIAL PERMITS AND RESTRICTED USES; REPEALING CONFLICTING ORDINANCES AND I' i INCLUDING R:1 AND ESTABLISHING AN DATE, WHEREAS, the City Council of the City of Georgetown, Texas, finds that portions of its current Zoning Ordinance governing restricted uses do not address the model home use commonly found in developing residential areas; and WHEREAS, the Century Plan - Policy Plan states that, "The City shall review and revise, when appropriate, a Zoning Ordinance that protects residential neighborhoods from incompatible uses. ; and WHEREAS, this revision provides a means of allowing the model home and construction office uses to be established residential areas of the City while protecting the integrity of the surrounding neighborhood through design and operational criteria; NOORE, BE ORDAINED BY THE CITY COUNCILOF CITY OF i'+ • 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 Growth and Physical Development Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will ensure that future land use patterns provide economic, cultural and social activities to all residents, businesses and organizations", and 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" relating to the revision of Part 3 of the Zoning Ordinance is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Zoning Ordinance Amendment - Model Homes Ordinance No. Page i of 2 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. 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. PASSED AND APPROVED on First Reading on the 23rd day of January, 1996. PASSED AND APPROVED on Second Reading on the 13th day of February, 1996. ATTEST: City Secretary Marianne Landers banks City Attorney Zoning Ordinance Amendment - Model Homes Ordinance No. a Page 2 of 2 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor 3.201 The following uses are permitted, subject to the stated restrictions A. Child Care Facilities (to remain as currently worded) 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 subdivision, but used for display or sales of new residences. The following conditions must be met before the Model Home 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 Home 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 Page 1 of 3 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 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 following 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 Page 2 of 3 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. Page 3 of 3