Loading...
HomeMy WebLinkAboutORD 96-51 - Zoning Manufactured HomeVVVJWN1WW11, i. . # • VVTHEREAS, the City Council of the City of Georgetown, Texas, lands that portions of its current Zoning Ordinance governing uses does not fully address the manufactured home park use; and WHEREAS, this revision provides a means of allowing the manufactured home park use to be established in higher density residential areas of the City while protecting the integrity of the surrounding neighborhoods through design and operational criteria; and WHEREAS, due to the increased construction activity within the community, the proposed development of large tracts as manufactured home park subdivisions, the lack of adequate existing standards concerning the protection of the public health, safety and welfare within proposed manufactured housing developments, and the desire for the development of alternative types of housing within the community, the City Council has determined that this ordinance should be passed on emergency reading in order to protect the public health, safety and welfare; NOW, a: • i• BE ORDAINED BY i OF CITY OF i • 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 the following policies of the Century Plan - Policy Plan Element: 1. Housing Policy 10.0 which states "The City cooperates with builders, developers, and property owners to provide safe and adequate housing opportunities for all citizens"; and 2. Growth and Physical Development Policy 7.1 which states "The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense"; Zoning Ordinance Revision - Manufactured Home Park Ordinance No. Page 1 of 2 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. Exhibit A relating to the addition of regulations regarding manufactured home parks 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 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. 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. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 6. The City Council hereby declares that this Ordinance should be adopted on emergency passage. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on Emergency Reading on the ��. day ofr 1996. ATTEST: Sandra D. Lee City Secretary offeffly KOA• Marianne Landers Banks City Attorney Zoning Ordinance Revision - Manufactured Home Park Ordinance No Page 2 of 2 THE By: LEO W Mayor 9.MIi, Attached are the changes to the Zoning Ordinance that will be made with the approval of this ordinance: Underlined text is new and will be added. TABLE OF CONTENTS PART ONE: Districts................................................................................ 3 PART TWO: District Regulations............................................................... 6 2.02 R-S Single Family.. ...................... 2.03 R-M Multiple Family. ................. 2.04 C-1 Local Commercial ................................................... 12 2.05 C-2A Commercial, First Height'. ............ 15 2.06 C-213 Commercial, Second Height........................................17 2,07 I Industrial.. 1. 1 1 1 1 1. 1. 1. 1 ...................... ......... ... 117 2.08 R-P Residential Planned, 18 2,09 Transitional Use............................................................. 27 2.10 Planned Development.. ... 27 2,11 R-O Residential Office ..................................................... 428 33 2.12 A Agricultural............................................................... 2.13 R-E Residential Estate, 1. 1 1 1 1 1. 1 1 1. 1 1.. 1. 1 1. 1.. 1............................ 36 2.14 R-MH Residential Manufactured Home 38-1 PART THREE: Special Permits and Restricted Uses ..................................... 39 PART FOUR: Non -Conforming Uses........... ................................... 4..4004043 PART FIVE: Maximum Height Limits May be Varied..................................45 PART SIX: General Rules For Yards......................................................46 PART SEVEN: Off -Street Parking...........................................................52-5 PART EIGHT: Accessory Uses & Buildings Are Regulated.............................52-16 PART NINE: Condominiums,, ................ PART TEN: Adoption of Maps ........................................ . .................... 54 PART ELEVEN: Board of Adjustment.......................................................54 PART TWELVE: Boundaries of Districts"....."..".... PART THIRTEEN: Enforcement. ................................................ 60 PART FOURTEEN: Amendments...............................................................61 PART FIFTEEN: Violations and Penalties ................................. a.. 0...............64 PART SIXTEEN: Interpretation, Purpose and Conflict.....................................64 PART SEVENTEEN: Savings Clause, . 1. 1 1. 1 1 .... ..... 44 q..1.111 .... 1. 1 1. a W. 4.. 1 4111.1 64 PART EIGHTEEN: Definitions',,..,....".., ... ........... 65 APPENDIX* I I 1 0 0 1 1 1. 1 1 1 1 1 a a 4 6 6 a 0 0. g 0 a 4 4. 1 1 1 1 1 1 0 1 1 1.. 1 *. 1 11 1 11 11 171 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: A - Agricultural District R-E - Residential Estate District R-S - Single Family District RM-1 - Multi -Family District RM-2 - Dense Multi -Family District RM-3 - Office and Service Use District R-P - Residential Planned District R-O - Residential Office District R-MH - Residential Manufactured Home District C-1 - Local Commercial District C-2A - Commercial, First Height District C-213 - Commercial, Second Height District I - Industrial District 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. i 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, 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 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. Be 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. CO Accessory Buildings and Uses. General accessory structures and uses shall be permitted in accordance with Section 8 of the Zoning Ordinance. 201403 Development Regulations Imo. The following are minimum development standards for a Manufactured Home Park. 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 - 15 feet e Coverage: Up to 60 % impervious coverage Up to 40 % buildingcoverage N 2) Individual lease space requirements: a) Minimum size: However, all setbacks and other development requirements must be met. b) Minimum width: No minimum c) Minimum depth: No minimum d) Building setbacks: Front - 20 feet Side - 10 feet. total building;* separation, zero -lot line arrangement permitted. Rear - 10 feet total building* separation, zero -lot line arrangement permitted. *Note that building separation in this instance refers to structures such as the home, a carport, a covered patio, a deck and a storage buidling. It does not refer to concrete flatwork such as parking, driveways, sidewalks or uncovered patios. 3) Parking: 2 spaces per dwelling unit. Must meet all requirement of Section 7 of this Ordinance„ with the exception that parkin can an be located within the front setback on each lease space. 4 Landscaping: No requirement 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 R isrequireddurable 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) The park may be master metered and have one main connection to the City water and wastewater facilities. Maintenance of all on -site lines will be the responsibility of the property owner in this case. Manufactured homes can also receive individual taps and meters for utilities, however, on -site public utlity easements must be provided to allow or service of the individual, City_ maintained lines. M Manufactured homes must be individually metered for usage of an approved water, wastewater, electric and, itapplicable, natural gas service provider. 5) All streets within the park must be constructed to public standards. If classified as private streets, they must meet those standards with the exception that a minimum pavement area of 26 feet is permitted provided no on -street parking is permitted and enforced by the Park management. In addition, maintenance of the streets will become the property owner's responsibility. In the event that a park developer wishes to gate a private street, the gate must meet emergency service personnel approval as part of the Construction Plan review for improvements of the Detailed Development Plan for the project. If a gate is proposed to be used, the street cannot be classified as a Public street. 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 parka however any existing xisting_park 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 96- 6.304 Required Landscape Installation 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 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. Required Landscaping Schedule Land Use Landscaping Required % of lot area Three (3) family structures 20 Multifamily structures 20 Manufactured Home Park 0_ Office and professional uses 15 Commercial 10 Industrial or manufacturing 10 NOTE: The R-O district has separate landscaping requirements, see Section 2.11 Tor 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. 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 50 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. Zonin 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 53-2 Table B - Buffervard Requirements Zoning of Proposed Adjacent Existing Zoning Development A R-E RM-1 RM-2 R-3n� RV-3 R-P R-O C-1 C2-A C2B t A * E FE D C C B D B A A A A R-E- * RM-1 C E E A B B C A C D D D D RM-2 B E E D A A B D B C C C C R-MI-I « * * * * * * * + RM-3 A E E D C C A D A B B B B R-P C E E A B B C A C D D D D R-O A E E D C C A D A B B B B C-1 B E E D C C C D B A A A A C-2A B E E D C C C D B A A A A C-2B B E E D C C C D B A A A A I B E E D C C C D B A A A A * No bufferyard roquimmcnt Bufferyard requimd as per Section 6304 Table C - Land use Classifications Land Use Class Land Use H 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 52-2 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. B. 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. 52-5 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 Section 7.104. I. Head -to -toe parking is prohibited except in one (1), two (2) or three (3) family dwellings, or manufactured homes. 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. TABLE 7A - PARKING REQUIREMENTS* USE PARKING 777 RESIDENTIAL Long Term Housing 2 spaces/unit*** Quasi Residential 1 space/250 sq.ft. CHURCHES AND PUBLIC USES 1 space/3 seats** 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 office space WAREHOUSE 1 space/1,000 sq.ft. *The required number of parking spaces for uses not listed in the above table will be dete by the Director. ***Including manufactured homes within a Manufactured Home Park. 52-6 rmined 18.129 Large Trees - Any tree having a seventy-two (72) inch circumference or larger, measured four and one-half (4 1/2 feet above the natural grade, or if branched below 4 1/2 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 - The room or rooms occupied by a family. The living unit must include a kitchen. 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 18,132b Manufactured Home - a structure constructed on or after June IS 1976 in com fiance 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. 18,132c. Manufactured Home -varx Lease apace - ail dim uCnr114ameu _ yyluilli u 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 . . , .1 14 _ ___ __ L__t #4, e1n Y�/ 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 1/2) feet above the natural grade or, if branched below 4 1/2 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) 7uniperus spp., ex. Ashe juniper 2) Populus spp., ex. Cottonwood 3) Platanus spp•, ex. Sycamore 4) Celtis spp., ex, Hackberry 5) Morus spp., ex. Mulberry 6) Melia azedarach L., Chinaberry 7) Acernegundo L., Boxelder 8) Sapium sebiferum L., Chinese Tallow 18.134 Mobile Home - a structure uuat, was chassis designed to be used as a dwelling with or without a permanent 18.134a Mobile Home Park - houses which are not permanently anchored to a permanent foundation. 18.135 Model Home - a single iamiiy or uuuicx 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. 18.152 Trailer - See Recreational Vehicle. 18.144a Recreational Vehicle - a vehicle or trailer equipped for use as a temporary dwelling and designed to be driven or hauled. 70