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HomeMy WebLinkAboutORD 870473.00A - Establishing Districts RE & AORDINANCE NO. 870473.00A AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE ESTABLISHING REGULATIONS FOR THE CLASSIFICATION AND USE OF LANDS ANNEXED INTO THE CITY AND ESTABLISHING DISTRICTS, REGULATION'S AND RESTRICTIONSTHEREIN TO CREATE NEW ZONING DISTRICTS TITLED "A94 AGRICULTURAL AND "RE" RESIDENTIAL ESTATE, DECLARING THE PURPOSE AND INTENT OF SAID DISTRICTS; PROVIDING THE PERMITTED, SPECIAL' EXCEPTION CONDITIONAL AND ' ACCESSORY USES OF SAID DISTRICTS;` ESTABLISHING REGULATIONS AND RESTRICTIONS IN SAID DISTRICTS AS TO LOT SIZE, HEIGHT, AREA, PLACEMENT AND PARKING; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City, of Georgetown, Texas, desires to promote the public health, safety, morals, and welfare of the community; and WHEREAS, the City Council desires to extend the corporate limits of the City of Georgetown into agricultural and rural residential areas, and WHEREAS, the Zoning Ordinance of the City of Georgetown does not include zoning district classifications for agricultural or rural residential development and WHEREAS, Section 1.205 of the Zoning Ordinance prescribes that all properties annexed into the City of Georgetown be placed within the "RS" Residential Single Family zoning district classification; WHEREAS, written notice was given not 'less than fifteen (15) days 'before the date set for the meeting before the Planning and Zoning Commission, as required bylaw* and WHEREAS, the City Planning and Zoning Commission in a meeting held on September 14, 1987, recommended approval of an ordinance that amends the zoning classification of newly annexed properties to the City and creates the Agricultural and Residential Estate zoning districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: I. That Appendix A of the Code of Ordinances of the City of Georgetown (the Zoning Ordinance), Section 1.202, is hereby :amended to read: 1.202 The three types of zoning 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 -O Residential office District C-1 Local Commercial District C -2A Commercial, First Height District C -2B Commercial, Second Height District I Industrial District II. That Appendix A of the Code of Ordinances of the City of Georgetown (the Zoning Ordinance), Section 1.205, is hereby amended to read - 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 rezoning 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, AgriculturalDistrict, unless and until such territory has been classified in a zoning district other than the A. Agricultural Dis- trict, 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 Dis- trict, Sec. 2.13 upon and within land annexed after the Annexation/RE/A Ordinance (psf A/REORD 10-8-87) Page 2 of 10 effective date of this Ordinance, shall be expressly prohibited in all districts except the Agricultural and Residential Estate districts, and such keeping of ani- mays shall be discontinued if such land is rezoned to any, district other than the Agricultural and Residen tial Estate districts. III. That Appendix A of the Code of Ordinances of the City of Georgetown (the Zoning Ordinance) Section 2, is hereby amended by the addition of Section 2.12, to read: Section 2.12 Agricultural District (A) 2.1201 Purpose and Intent. This district creates and preserves areas intended primarily for agricul- tural purposes. It is not intended that this dis- trict 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 providingzoning 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 unsuit- able for urban development due to physical can straints, such as topography and flooding, that are potential health, safety, or environmental hazards. In general., the usage of land is re- stricted to low intensity agricultural uses. 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 occupa- tions (refer to home occupation conditions in Section 2.0301[2] of the Zoning Ordinance) Residential use of temporary structures and vacation travel trailers are prohibited. 2. Churches, public parks, public buildings, and public utilities. 3. Golf courses, ;but not miniature golf courses or driving tees. Annexation/RE/A Ordinance (psf A/REORD 10-8-87) Page 3 of 10 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 20'1202(B)(0) and (E). 7. Horticulture, aquaculture, row and field crops, dairying, pasturage, apiculture, viti- culture and floriculture. 8. Personal or commercial animal breeding and development, subject to Section 2.1202(C). Be ,Special Permit Uses. Special permit uses shall require a public hearing and favorable recommen- dation from the Planning and Zoning Commission and public hearings and the approval by City Council. Such public hearings shall be given in accordancewith State law and Section 14 of the Zoning Ordinance. In review of prospective spe tial 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 ap- proval, relative to the public health, safety, and welfare. le 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 genet ating 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 agricul- tural 'activities. Annexation/RE/A Ordinance (psf A/REORD 10-8-87) Page 4 of 10 S. 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 mo- tion,`such as, but not limited to streamers and hanging disks that are designed to be activated by the windy 6. The retail sale of products produced on site, including fire wood, if harvested on the site. 7. Child care 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 homeoccupation 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'per- m3tted. D. Accessory Buildings and Uses. General accessory uses and structures shall be permitted in accor- dance 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 aforemen- tioned uses shall be deemed industrial and not agricultural uses The establishment of an auc- Annexation/RE/A Ordinance (psf A/REORD 10-8-87) Page 5 of 10 That Appendix A of the Code of Ordinances of the City of Georgetown (the Zoning Ordinance), Section 2, is hereby amended by the addition of Section 2.`13, to read: Annexation/RE/A ordinance (psf A/RE®RD 10-8-87) Page 6 of 10 tion/auction yard business shall be considered commercial and is hereby prohibited in the A zoning district. 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 land- locked 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). Be Minimum Lot Widths 200 feet, measured at the required front building line. Co Minimum Lot Depth: 150 feet from front and rear property fines: 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 300 of the lot (tract) area, IV. That Appendix A of the Code of Ordinances of the City of Georgetown (the Zoning Ordinance), Section 2, is hereby amended by the addition of Section 2.`13, to read: Annexation/RE/A ordinance (psf A/RE®RD 10-8-87) Page 6 of 10 Section 2.13 Residential Estate District (RE) 2.1301 Purpose and Intents This district provides sin. gle family residential housing consistent with the character and atmosphere typically found within the suburban residentialareas 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. 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 Sec- tion 2.0301[2] of the Zoning Ordinance) Re- sidential 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 home owners 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 desig- nated 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. Annexation/RE/A Ordinance (psf A/REORD 10 8-87) Page 7 of 10 C. Conditional Uses. Upon written verification to the Division of Development and Planning that the following conditions will be complied with, per- sonal 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 com- bination of the above said animals total- ing 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 2.1302(C)1 are complied with and that the animals will at no time be located within 200 feet of any property line. 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 accor- dance with Section`8 of the Zoning Ordinance. 2.1203 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. Co 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. Annexation/RE/A Ordinance (psf A/REORD 10-8-87) Page 8 of ,10 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 250 of the lot area or 10,000 square feet, whichever is less. Jo Impervious Coverage: Maximum coverage of 30% of the lot area. K. Off -Street Parking: Shall be require in accor- dance with Section 7.1 of the 'Zoning Ordinance, V, This ordinance shall be effective for all ;property located within the corporate limits of the City of Georgetown,` Williamson County, Texas, on the date in which it is read, passed and approved on the second and final reading and signed by the Mayor of the City of Georgetown, Texas. vi. Any property annexed after passage of this Ordinance shall be governed by the provisions of this ordinance. VII. All Ordinances, parts of Ordinances, or Resolutions in conflict herewith are expressly repealed. III. If any article, paragraph or ,part of a paragraph of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of this Ordinance. Annexation/RE/A ordinance (psf A/R.EORD 10-8-87) Page 9 of 10 READ, PASSED, AND APPROVED on first reading this 22nd day of September, 1987, READ, PASSED, AND APPROVED on second and final reading this 13th day of October, 19870 CITY OF GEORGETOWN BY: Jig COLBERT, MAYOR ATTEST.• City Secretary APPROVED AS TO FORM; STUMP & STUMP City Attorney Annexation/RE/A Ordinance (psf A/REORD 10-8-87) Page 10 of 10