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HomeMy WebLinkAboutORD 2015-48 - UDC General AmendmentORDINANCENO. D.OkS>"191 An Ordinance of the City Council of the City of Georgetown, Texas, amending portions of the Unified Development Code (UDC) relative to the UDC Development Manual, Annexation process, Site Plan requirements, Planned Unit Development (PUD) District standards, commercial building size limitations, civic use access limitations, self -storage facilities, patios, non-residential district setbacks, non- residential building design requirements, fence standards, parking space dimensions, and sanitary sewer systems requirements including Chapters 1, 3-91 and 13 of the UDC, Passed and Adopted on the 111hDay of March 2003; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. Whereas, on March 11, 2003, the City Council of the City of Georgetown, Texas, adopted a set of comprehensive development regulations known as the Unified Nevelopment Code ("UDC") via Ordinance No. 2003-16; and Whereas, the City Council established a Unified Development Code Advisory Committee on November 12, 2013, to review proposed or requested amendments to the Unified Development Code other than executive amendments which are those amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case laws, ratify published directors determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel; and Whereas, the City Council reviewed a list of proposed amendments at theRl regular meeting on August 26/ 2014, and directed to staff to work with the Unifi Development Code Advisory Committee to prepare draft language; and I Whereas, the amendment language contained in this ordinance addresses items included in that list of proposed amendments.- and Whereas, the Unified Development Code Advisory Committee held numerous open meetings to discuss the amendment items; and Whereas, the Unified Development Code Advisory Committee conducted a Public Hearing on the draft amendments at their regular meeting of August 1, 2015, and recommended approval of the amendments; and Ordinance Number: au i s -,Ag Description: 14-15 UDC General Amendmenj Date Approved: —Q-li- X). _2Q16 Page I of 3 Exhibit A Attached Whereas, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of August 18, 2015, and recommended approval of the amendments to the City Council. 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 Inerein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. Section 2. Portions of the Unified Development Code are hereby amended as described in Exhibit A. 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 m'valid 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. aam Description: 14-15 UDC General Amendments Page 2 of 3 Date Approved: -A�i— Exhibit A Attached Lip Dale Ross Mayor Bridget Chap an City Attorney Ordinance Number: ac)• ATTEST: Description: 14-15 UDC General Amendments Page 3 of 3 Date Approved: 0 q— -.);L -a—OL5 Exhibit A Attached Chapter I General Provisions The UDC Development Manual prepared by the City of Georgetown Planning and Development Department is hereby adopted by reference as if set forth in full. The UDC Development Manual shall contain application forms, .. r .. .. e2=: �checiclists,.calendars and other materials to aid at�plicants in tho preparation and submittal The UDC Development Manual may be amended from time to time by the Director, following posting of the pr000sed chanes on the City's website and a,,' 15 -day public comment period. Page 1 of 38 Chapter 3 Applications and Permits IrXXXXXX= WiTIFiF iv l!ll L � I z!I �.. w. , * - 4 The following Table shows which review procedures, applications and permits apply in the City and its extraterritorial jurisdiction. Page 2 of 38 Annexatio Comprehensive Plan Amendment UDC Text Amendment &ezoning (Zoning Map Amendment) Historic #verlay District Nesignation ill Historic Landmark liesignation Special Use Permit■ levelopment Agreement Access Point Connection Exemption Recording Plats Preliminary Plat Construction Plans Site Devetooment Plan Zoning Verification Letter Legal Lot •Verification Letter Temporary Use Permit■ Master Sign Plan Lertiticate ot Appropriateness Appeal of an Administrative License to Encroach Special Exception Stormwater Permit Sign Permit Courthouse View Height Determinatinn Page 2 of 38 FM 1111 W-1 3.01.030 Simultaneous Submission of Related Applications A. Submission of different applications related to the same development may be made simultaneously, although consideration of applications must remain in the following sequence: 1 2. Comprehensive Plan; Zoning; 4. Subdivision and Plat; Certificate of Appropriateness; then '6. Site Development Plan. B. Any application submitted simultaneously is subject to approval of all other related applications. Denial or disapproval of any concurrently submitted application shall stop consideration of any related applications. C. An applicant may withdraw any individual application from a group of simultaneously submitted applications. 3.02. 010 Pre -application eetirr A. Prior to the submission of an avvlkatlon required by this Code a A Pre-application,,- MeefinZ_�z'­_� z�-� -', between a potential applicant under this Code and the Planning Director or a designated representativeial nay be rec uired. The et�inis an opportunity for an applicant to describe their nryosed project and the Director to indicate which application is appropriate, which review body is responsible for final action, and what criteria will be used to determine whether the , ' application should be approved. B. There is no required format for a Pre-applicationr'',. lon ti c- eetinx it may occur in any form so long as the potential applicant receives the information described above. The applicant is responsible for 1pd i rresEin a Pre -application or obtainino, an ap orooriate waiver of such, Page 3 of 38 Section 3.03 Public Hearing and Notice 3. 03.010 Provision of Public Notice A. Summary of Notice Required Notice shall be required for application review as shown in the following Table. Page 4 of 38 111! ''111!, JI; III1 X = Notice Required = Notice to be determined by Development Agreement Committee per Section 3.20 = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission 00EEKS333M 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Table 3.03.020: Summary of Required Public Hearing Page 5 of 38 Annexation (VoluntaLy) Access ftint Connection Exemption Certificate of Appropriateness Certificate of Appropriateness for relocation, removal or demolition, or setback modification Development Agreement -Historic Overlay District Designation Historic Landmark Designation without Vacating (§212,0145) -Replat Rezoning (Zoning Map Anlendmef*-��� S�tcial Exce;ktitn Special Use ?I UIC Text Amendment X = Notice Required = Notice to be determined by Development Agreement Committee per Section 3.20 = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission 00EEKS333M 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Table 3.03.020: Summary of Required Public Hearing Page 5 of 38 • Comprehensive Plan Amendment X X Development Agreement X Historic Overlay District Designation X X X Historic Landmark Designation X X Replat (Resubdivision) X X Rezoning (Zoning Map Amendment) X X Special Exception X Special Use Permit X X UDC Text Amendment X X Variance X Public Hearing to be determined by Development Agreement Committee •- Section 3.20 and Architectural Review Commission EMEMEMMENM 3.07.010 Applicability Special Use Permits allow for City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. Special Use Permits may be issued only for uses that are generally compatible with other uses permitted in a Zoning District, but that require individual review of their location, design, intensity, etc. These uses and the Districts where they may be located are listed in Chapter 5. These uses may be located in Districts as indicated with conditions described in a Special Use Permit recommended by the Planning & Zoning Commission and approved by the City Council. No such use shall commence without prior approval of a Special Use Permit. A Special Use Permit includes a conceptual site layout that, after approval, serves as the conceptual site layout necessary for the basis of the final Site Develovment Plan, which, if necessary, shall be required prior to obtaining any additional permits. An approved Special Use Permit is maintained with the property, and not the property owner, renter, or lessee, and shall be valid per the terms of Section 3.07.050. The provisions of this Section related to Special Use Permits are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. A Special Use Permit shall expire 24 months from the date of Council approval, unless: A. A Site Develo-oment Plan application, if necessary, has been submitted. B. A Building Permit application has been approved or, if no Building Permit is required, a Certificate of Occupancy has been issued. Page 6 of 38 C. In the case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be approved within 24 months from the date conceptual site layout approval is granted. Each subsequent application must be submitted within 24 months from the date of issuance of a Certificate of Occupancy, or equivalent, by the Building Official for the previous phase of the development. D. A lapse of a period greater than the periods set forth above causes the related approvals or permits to expire and be of no further force and effect. The Director has the authority to consider a 6 month extension of the above deadlines based on extenuating circumstances. Any further action shall require a new application and approval. E. The Council's approval of the Special Use Permit specified an expiration date. EZ3EZ3E3EX3E= A. An approved, valid Site Develg2Lrjent Plan is required prior to the construction, expansion, or removal of any improvements to a property, as defined in Section 16.2 of this Code and inclydiza clrveays sidewalks draiaae structures and utility improvements, within the City's limits, except as follows: 1. Single-family and Two-family structures, accessory structures, and fences on individually platted lots; and 2. Agricultural buildings for the purposes of farming, ranching or sheltering of animals. B. All improvements reflected on approved Site Development Plans must be constructed at the time of development. All terms and conditions of Site Development Plan approval must be met at the time of development. C. The Site Develovment Plan may not be approved unless the lot on which the improvements are proposed is legally platted or the subject tract is determined to be exempt from the platting requirements of Section 3.08. D. Where : U, z�:� 1 �,� ,-Site Deyel2�t Plan approval is required, no Building Permit approval shall be issued for any development of land and no site construction may commence until such property has received final w: p -Site Development Plan approval and is in conformity with the provision of this Code. E. The provisions of this Section relating to Site Development Plans are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. Review of a Site Development Plan shall follow the procedures set forth in Section 3.03.040 for administrative review and shall be processed as follows: T,T#TR,Ti 71,ITZIgWjk�; 1. The applicant shall submit all of the information required in the UDC Development Manual as specified on the Site Development Plan application checklist. Page 7 of 38 1. The Director shall determine that a complete application has been submitted with all material necessary to review the Site Development Plan's conformance with applicable criteria for approval. 1. The Director shall review the application, considering any applicable criteria for approval, and notify the applicant of any necessary corrections. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application. The Director is responsible for final action on Site Deye�Iat Plans. 3.09.030 Criteria for Approval A Site Development Plan shall be approved if it is in compliance with the following criteria: A. A complete application and fee have been submitted. B. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. C. The application and content of the application are consistent with the UDC Development Manual, City's Construction Specifications and Standards Manual, this Code and any written interpretations of this Code. D. Compliance with any approved plat, Development Agreement or other agreement or ordinance governing the parcel of land to which the Site Develovmen t Plan is related. E. Compliance with any additional Site Devel2p �ent Plan approval criteria required for Overlay Districts or any Site Development Plan approval criteria adopted as part of a special area plan. F. Prior to final approval of any plan within the City Limits, the applicant must certify to the Drainage Engineer that all Cit v Drainage Manual requirements for a Stormwater Permit are met by the Site Development Plan. Approval of the Site Devej2p -ient Plan constitutes approval of the Stormwater Permit. G. The Site Development Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas, except as otherwise provided for in this Section. H. The materialsenjbhegddpmjgeiaiLt and 1g2sitijin t -i4.of rivate main utility line 6 -inches and above in -Q diameter shall meet the requirements of the Citv's Construction Svecifications and Standards Manual and/or the aooroved Citv Building -Codes. All Site Dexel ��meat Plans shall include the following components demonstrating compliance with the provisions of this Code and the UDC Development Manual, unless otherwise provided for within this Section: A. Cover Sheet; Page 8 of 38 B. Dimensional Site Plan; C. Architectural Plan; D. Lighting Plan; E. Landscape Plan; F. Tree Preservation Plan; G. Utility Plan; H. Grading Plan; and 1. Drainage Plan. 3.09.OS0 Site pDgevMgIIgpMgnLPlan Area of Development A Site Development Plan shall include the entire area within the legal boundaries of the tract for which it is proposed; however, the area included in a Site De�velmnt Plan may be reduced to reflect the actual area of development in the situations listed below. The new artificial boundary shall be the same used for all components of the Site DQLevyteIgRmgItYlan and shall be scaled such that all requirements applicable to the Site Q�evelo nt Plan can be met within that boundary. A. The area of development is part of a much larger tract whereby the area encompasses less than 50% of the total tract; B. The proposed improvements are part of a larger campus where the areas are designed to function relatively independent of each other; C. The excluded area is to remain undeveloped and in its natural state; D. The improvements are proposed to be added to an existing site, provided: 1. No improvements are proposed to the excluded area; 2. Review of the excluded area is not necessary for review of the area of development; 3. The improvements proposed within the area of development are not dependent on improvements located within the excluded area; and 4. No retrofitting of existing site improvements is required pursuant to the provisions applicable to the expansion of a nonconforming structure or site in Chapter 14; and E. Other similar circumstances as determined by the Director. 3.09.060 Site Develooment Plan Phasing When development is proposed for a larger site with multiple buildings, an applicant may choose to partition the site and construct the improvements in a series of phases as follows: A. The Site Development Plan submittal shall include a Phasing Plan indicating the boundaries of each phase and the order of construction of associated site improvements. B. No Phasing Plan shall propose more than 5 phases or exceed a period of 10 years. The Director may approve phasing in excess of this number if the applicant can provide justification for such. C. The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, must meet the minimum requirements of this Code, including, but not limited to, parking, landscaping, tree mitigation, fire access and stormwater management. Page 9 of 38 D. Changes to a Phasing Plan shall meet the requirements of this Section and follow the procedures established for revisions of Site Development Plans. 3.09. 70 Minor Site DeveloDment Plan Where the scope of required or proposed site improvements is limited, as herein defined, a Minor Site Develnnmpnf Plan review process may be utilized subject to the provisions below. 1. A Minor Site Develop, mentPlan submittal maybe considered when the extent, type or size of the site improvements is C.zsuch that review of all standard Site Development Plan components, as identified in Section 3.09.040, is not necessary, as determined by the Director. Typical situations qualifying for Minor Site Devel 2gment Plan review may include, but not be limited to, improvements required by Chapter 14 due to a change in use, a small addition to a building over existing impervious coverage, installing parking lot striping on an existing parking lot, replacement of a site's r' -J landscaping t Plan, as outlined in Section 3.09.QLO,, is jg42jLed. 2. A Minor Site D�tvelopment:Plan review shall not be utilized when: a. Site improvements are proposed to a property where no development has otherwise occurred, except in unique situations as determined by the Director; b. The proposed project requires preparation of a Traffic Impact Analysis (TIA); c. The proposed project requires preparation of a stormwater drainage study, although some drainage information maybe reviewed as part of a Minor Site Plan; d. A new buildingy(s) in excess of 11 0000 square -feet iL�� ,Q e. A building addition iLproposed inexcess of.t,000 sciLaz feet or 0"l of the existing buildinz-'s square footage, whichever is less p f. The intended project requires or proposes more than 4'Lparking spaces; or g. Similar situations are proposed as determined by the Director. The components required with a Minor Site Q�gvelo meant Plan application shall be those determined by the Director to be applicable to the particular situation and necessary to verify the conformance of the proposed site improvements with the provisions of this Code. The Director may determine an engineer is not required to prepare the plans under the Minor Site Developmen�tPlan provisions if the proposed improvements do not warrant such. Any modifications to an approved Site Development Plan must be resubmitted to the Director for consideration as follows: A. Modifications to an approved Site 2evelooment Plan which do not substantially change the design or nature of the original Site Development Plan and have no significant adverse impact upon neighboring properties, the public or persons who will occupy or use the proposed development may be processed as a Site Development Plan Amendment. An application for Site Development Plan Amendment following the requirements of the UDC Development Page 10 of 38 NMM• Manual shall be submitted to the Planning Department identifying the requested revisions and / or modifications. Any changes approved by the Director shall be shown on the revised Site Development Plan. B. The Director may determine a correction or a modification is so minuscule or insignificant that it does not warrant review of a Site Q�evyelo -aent Plan Amendment and cause the change to be directly updated and included in the original file. C. All other revisions or modifications or: to an existing Site Dev(LIP42ment Plan that do not me bove shall be processed as a new Site Development Plan application. D. Aooroval of a new or revised Site Develo argent Plart alicatiot� shall void the reviotasly app`oved Site Develolament Plan:.. A. A Site Develooment Plan shall expire 24 months after the date that the Site Develoment Plan was approved, unless: 1. A Building Permit application has been approved or, if no Building Permit is required, a Certificate of Occupancy has been issued. 2. In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be approved within 24 months from the date Site D2e�velmentPlan approval is granted. Each subsequent application must be approved within 24 months from the date of issuance of a Certificate of Occupancy, conditional or otherwise, by the Building Official for the previous phase of the development. 3. Except as provided for within this Section, a lapse of a period greater than those set forth above causes the related approvals or permits to expire and be of no further force and effect. Any further action shall require a new application and approval. i -a= kI,M, Prior to expiration of an approved Site Development Plan, an applicant may request a one-time extension of the Site Development Plan approval for a period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. A request for Site Develovmen tPlan extension shall follow the procedures set forth for such in the UDC Development Manual. F1 Erg I = i In the event a Site Development Plan approval expires, an applicant may seek a one-time reinstatement of the approved Site Development Plan, without modification, subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. A request for Site D�eveloutnent Plan reinstatement shall follow the procedures set forth for such in the UDC Development Manual. 1. The reinstatement must be requested within 24 months of the expiration date of the approved Site Develo-oment Plan. Page 11 of 38 F;UMWW 2. The regulations applicable to the project per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site 2ei=elo rsent Plan, such that a new application for the same plan would be substantially the same. 3. The circumstances of the adjacent properties, roadways and subject property shall have remained the same, so as to not change the requirements applicable to the property. Such circumstances could include, but not be limited to, a change of zoning in the subject or adjacent properties, a change in the boundary of the subject property, a change in classification of the adjacent roadway or neighboring construction affecting landscape buffers. D. The Director shall have the authority to determine if a Site Development Plan Extension or Reinstatement meets the criteria for processing and approval. Section 3.12 Master Sign Plan 3.12.050 Expiration A Master Sign Plan shall expire 24 months after the date that the Master Sign Plan was approved unless: A. A Building Permit application has been approved or, if no Building Permit is required, a Certificate of Occupancy, or equivalent, has been issued. Page 12 of 38 B. In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be approved within 12 months from the date Site D2e�Nrel�lan approval is granted. Each subsequent application must be submitted within 24 months from the date of issuance of a Certificate of Occupancy by the Building Official for the previous phase of the development. rXTTTTZT= A Stormwater Permit is required prior to any land disturbance, as defined in Section 16.02, within the City limits or the City's extraterritorial jurisdiction to ensure conformance to the stormwater management provisions and other applicable requirements of this Unified Development Code. Approval of a Site Develwment Plan within the City Limits constitutes approval of a Stormwater Permit for that specific development. The provisions of this Section related to Stormwater Permitting are adopted pursuant to the authority conferred by the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality, The Texas Local Government Code Chapters 211 and 212, and the City Charter. rXMZX33M= _LZ1 li: 1111 - I I EMM"AMMEM= k'wic =I. 0 A. Statement of justification for tree removal. B. Copy of companion plat, Site Development Plan or concept plan for the permit or authorization that required compliance with this Section. C. Copy of Tree Survey, if applicable. If no Tree Survey exists, location of tree identified, tree type, size, condition, etc. D. A photo of the tree's canopy and trunk, labeled with the corresponding tree number on the companion Tree Survey, shall be submitted with the application for a Heritage Tree Removal Permit. UEMEK333= •IIIIIIL 111 11 EMM"ZM3EMM= Page 13 of 38 NM A. Statement of justification for tree pruning. B. Copy of companion plat, Site Development Plan or concept plan for the permit or authorization that required compliance with this Section. C. A photo (digital or hardcopy) of the tree, labeled with the tree number on the Tree Survey, DBH, species, and contractor's ISA certification number, shall be submitted with the application for a Heritage Tree Pruning Permit. 3OEKZ33= 3.25.010-A2aUgAULty. A. For sirable develop �ent consistent w the Citv mav consider annexations of territory to the corporate limits orextraterritorial provisions of the Section are ador�ted pursuant to Texas Local Gvernment Code Chapter l and the Citv Charter. B. Annexation and disannexation of territory my -lie re nested tv landoTners or their representatives thrOLI-1-1 this rocess for real ro art c Titl�in the City's cor Borate limits and the ETIL C. Annexation of ter Local Government follow the Annexation (Voluntarv) process. A. Initiation Initiation of an annexation or disannexation of territory ma , be made upon apolication of a piol2ertv owner or their authorized agent. Another goverrurriental authorit)L��� ,o modification of ETT or corporate limit boundaries throngh �tliis �rocess �or through t�he cooperative effort of the Georeetown Citv Council to initiate such proceeding, The Director is responsible for checking that a complete application has been submitted with all material necessary for the Citv Council to render an, informed decision. C. Staff Review 1. The Director shall review thea Iication considering any a lieable criteria fora royal enc{ prepare a rer�ort to tl�e City Council, 2. The Director xray establish rroedrrresfor admirlistratiue revievr.necessary to ensure compliance with this Code and state statutes. 3. The Director e Director. 4. The Director on. Page 14 of 38 41111 i ar hcations a as t b anade at an tinge of year; however, Texas Local Government Section 43.0561 dictates t blishes an annual calendar in the UDC-Develoj2ment Manual with set dates for CIN Council hearinas and actions. 1. For annexation and disannexation of territory into or from the city limits- the City Council shall hold t 2. For addition or release of territory Faona the FT norrtllic Barin s shall be rec aired. I 'it I I mI I l� 1. ed annexation or disannexation 2. The annexation or disannexation shall become effective when app - D-�roxledb�vthCity Council and in accordance with the City Charter: 3.25.032-Ap2roval Criteria Annexation The Citv Council shall consider the te needs and consideration of the lon4-ternis effects. A. The d within thea lication is suffic stat and B. The Ifare of the Citv and the safe gLd�trl and healthful develmment of the City. C. Con annexation p �cies. Page 15 of 38 Chapter 4 Zoning Districts The Planned Unit Development District (PUD) is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are to be developed in accordance with a common development scheme. PUD zoning is designed to accommodate various types of development, including multiple housing types, neighborhood and community retail, professional and administrative areas, industrial and business parks, and other uses or a combination thereof. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning or the standards of this Code. Although greater flexibility is given to allow development in a PUD that would not otherwise be allowed, procedures and standards are established in this Code that are intended to ensure against misuse. * For Special Requirements of a PUD District, see Section 4.06 EMEEMEEMMM-3 Section 4.06 Planned Unit Development District This Section establishes procedures and requirements of a Planned Unit Development District. Planned Unit Developments may be established in any location and may include more than one base zoning district. A PUD is designed to be used in conjunction with a designated base zoning district. An application for PUD zoning shall specify the base District(s) and the uses proposed. If no base zoning exists, the base zoning shall be that zoning designation that is most similar to or compatible with the uses proposed for the PUD. Any uses not permitted in the base District shall be specifically identified. The standards and requirements of the specified base District shall apply unless specifically superseded by the standards and requirements of the PUD Development Plan. The granting of a PUD Zoning District shall not relieve the developer from complying with all other applicable sections of this Code, and other Codes and Ordinances of the City of Georgetown, unless such relief is specified in the approved Development Plan. An application for the establishment of a PUD District shall be accompanied by a Development Plan that meets the requirements of this Section. The Development Plan shall become a part of the PUD ordinance, if approved by the City Council. 1. Development requirements for the PUD District shall be set forth in the Development Plan and meet thea royal criteria detailed in Section 3.06.040. The D the particular Droiect is of exceptional ouality and cannot be met by base z2aindistrict rc uirements. At a;-minin�m. the Development Plan shLLLLp i the purpose and intent of the PUD, detailed description of the oroiect, and a specific development deshm vlan, in addition to how the PUD mav deviate from the minimum standards set forth in this Code 2. The PUD zoning application shall include written 'Justification as to why anv such Code deviations listed in the Development Plan are necessary because oftl,e . : unique characteristics of the or other exceptional circumstances. Such deviations should be intended to -provide an unconvetttionl. cohesive, and well-olanned layout design scheme, and should not be 12roposed to simply avoid the Leciuirements of this Code. -3 . Developmei -its with PUD zoninia inav vary in size and scope and the Development Plan ctensit= traffic circulation streets access fsraildin and site desi n standards and or schematics, and other vertinent information. A full oz martial traffic impact analysis maybe r wired de ezdin on the im act to tits Mali roads av system. Tlie Plartnin Director retains full discretion to rec wire t11e necessary detail and information needed to iustify tie_ 'A 11— lin ,,�, I'Lj -q ;�IkA I A 0 '", -1! 1, H'J�+p Page 17 of 38 4IMPTO Page 18 of 38 Chapter 5 Zoning Use Regulations MEMM The Civic Uses Section addresses institutions that provide community services to or for the general public. Civic uses are typically found in non-residential zoning districts but may be allowed in residential districts, often with limitations or Special Use Permits. These uses are generally public or non-profit but also include for-profit entities that provide a service to the general public. Civic uses include, but are not limited to, facilities for education, day care, government, social services, institutions, places of worship, and parks and open spaces. The following Use Table presents the civic uses that are allowed in each zoning district, in accordance with the standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.03.020. The 'Notes' column of the Use Table contains direction on the specific limitation of the particular use. Table 5.03.010 Civic Uses Page 19 of 38 All civic uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. A. All Civic Uses All Civic Uses, except Day Care, shall meet the following provisions, where applicable per Table 5.03.010. Uses that require a Special Use Permit, in accordance with Table 5.03.010, shall meet the following criteria in addition to securing said permit. 1. Any outdoor recreational playing field shall be set back 50 feet from any property line. 2. The principal vehicular entrance and exit shall be located on a collector -level street or laigher, except as otheLjKjae;ap�aroved by the DeveloDment Engineer. Page 20 of 38 41,111MV, Section 5.04 Commercial Uses The Commercial Uses Section outlines commercial and retail businesses that facilitate the buying and selling of manufactured goods or provide consumer and professional sales and services. These uses include, but are not limited to, overnight accommodations, establishments for food and beverage preparation and consumption, entertainment or recreation -oriented activities, out-patient or home -care health and medical services, and professional and business offices. The category also encompasses retail sales and service uses for personal improvement; self -storage; heavy commercial and wholesale sales and services; and automobile sales, repair, and service. Lem= The following Use Table presents the commercial uses that are allowed in each zoning district, in accordance with all standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.04.020. The 'Notes' column of the Use Table contains direction on the specific limitation of the particular use. Table 5.04 .010 CommerdM�llllllllllll Page 21 of 38 -- -- -- F,A rDanceHallr Nightclub -- -- -- -- -- -- -- -- -- -- ,ie or Live -- -- -- -- -- - -- -- _v_ SMembership Club or Lodge -- __ -- -- -_ _ __ __ __ 7L- -- -- S A Sexually Oriented Business -- -_ __ _ -- -- -- -- -- -- SMajor Event Entertainment S -- -- -- -- - -- -- -- S SAthletic Facility, Indoor or -- -- - -- - -- -- P L -- ID J Outdoor U a> ak Commercial Recreation -- - -- -- -- - -- --_ -- -- L L- -- -- S J,A Driving Range L -- -- -- -- -- -- -- -- -- -- L -- -- P -- -- J Firing Range, Indoor S -- -- -- __ - -- -- .- -- -- S S -- -- Firing Range, Outdoor S Health Services Blood or Plasma Center __ __ __ __ __ __ __ __ __ __ L P -_ -_ __ -_ S K,A Diagnostic Center -- -- -- -- - -- -- -- L P P -- -- _- S K,A Home Health Care Services -- -- - - -- - -- -- L L P P P -- -- P ' K,A Medical or Dental Office -- __ __ _a -- -_ -- -- __ L L PP -- -- - P K,A Medical or Dental Clinic -- -- -- -- -- -- -- -- - - L P P -- -- -- S c .2 K,A U) Medical Complex _- -- -- -- -- -- -- -- -- - L P S P P -- S a) K,A Post -Surgical Recovery L p __ __ __ S K,A Center Surgery Center -- - -- - =- " =- -- <- -- -- L P S -- -- -- S K,A' Urgent Care Facility - -- -- -- -- -- -- -- -- -- L P S K,A' Professional and Business Offices General Office - -- -- S -- -- - L L P P P P -- L K,A Integrated Office Center -- -- -- -- -- -- -- -- -- -- L P S P P -- L K,A a3 (un) Data Center -- -- — -- - __ -- -- L L P P - __ L 6nsurner Retail Sales and Services General Retail -- -- I -- -- -- -- -- -- -- L L P -- L - -- L M,A Agricultural Sales P -- -- -- -- -- -- -- -- -- L P __ _ __ __ ._ r A Landscape Supply Sales/0p -- -- - -- -- -- -- -- L P -- -- -- -- A Garden Center cn Farmer's Market P -- -- -- -- -- -- -- L L P -- -- -- -- P m A rn Flea Market S ` - - - -- ' -- -- -- -- -- — S -- -- -- ' -- Page 22 of 38 Page 23 of 38 Artisan Studio and Gallery ee so:• 'iiiset0 ,Dry Cleaning Service, Drop - off Only iLaundromat in Printing, Mailing and I Reproduction Services Fitness Center ANN mom 00000 �banking and Financial on mom MENEM services ,Consumer Repair Small Engine Repair Funeral Home 111111 o w m■■11�1�11 0mom 1 OI�IIC:oo"'.. Non 11 11 Im -1 Commercial Document Storage Event Catering and 000000 Equipment Rental Services Furniture Repair and MOMMEEM MMERMON I U pholstery 'Heavy Equipment Sales and on MEMNON Repair -MMMM Pest Control or Janitorial mom 0 MMEMMMMOMM Services lOffice/Showroom NENEEMONENEEMENE oil!e mom EMENEEME MEMO 'Manufactured Housing Sales NEEMENNEEMENEEN Page 23 of 38 All commercial uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. Commercial, retail, service, and office buildings are limited to the following maximum building size: 1. In the CN District, the floor -to -area ratio shall not exceed 0.3. The maximum building size of each build hall be 7 500 square feet. 2. In the C-1 District, the floor -to -area ratio shall not exceed 0.51 WMIT-TOM - =-, An indoor or outdoor self -storage establishment is permitted in accordance with Table 5.04.010 and the requirements of Section 5.09 and subject to the following standards and limitations: 1. Self -storage facilities shall be limited to the storage use only, with the exception of an accessory leasing office, accessory retail sales andor single living quarters for security purposes ss. In no instance shall individual storm,,e units be used as a business storefront or used as a residence or oyer ght accommodation. 2. Indoor self -storax e facilities shall overate comoletelv Nvithin a building or structure. 3. Indoor self -storage facilities located in a C-1 District shall be limited to climate controlled facilities accessed solelv from shared interior hallways Page 24 of 38 4. Storage bay doors shall not face a public right-of-way unless set back a minimum of 40 feet from the property line. Chain -link -,1-1-11". fencing shall not be located in a front,,,,, o setback or street 1,11 setback. . Each individual storage unit shall be directly accessible from an apron consisting of an approved paved surface, Where gated, a minimum of 60 feet of driveway shall be provided between the public right- of-way and the front gate of the self -storage facility. 8. Outdoor stor rable vehicles. 9. No outdoor self -storage shall be permitted within . ...... required setback; No outdoor self -storage shall be allowed in required off-street parking areas. Areas intended for outdoor self -storage shall be paved and painted to distinguish them from required off-street parking areas. ."41. Outdoor self -storage shall be screened from any public right-of-way by an 8 -foot tall screening wallconstructed of brick, stone, reinforced concrete or other similar two-sided masonry materials =as sa2pDt'roved_bv the Director. Page 25 of 38 Chapter 6 Residential & Agriculture Zoning Districts,: Dimensional & Design Standards UEMEEMO= 6.05.020 Setbacks The setback provisions in this Section apply to lots in the Agriculture District and all Residential Districts, unless otherwise specified in this Chapter. C. Features Allowed Within Required Setbacks The following features are allowed to be located within a required setback: 1. Landscape features (as defined in Chapter 16). 2. Driveways located: a. in a front setback, provided that the driveway does not run parallel to a public street; b. in a side setback, if serving a side -loaded or detached rear garage or other parking area; or c. in a rear setback, if accessed by a rear alley or public street. 3. Sidewalks, fences, and walls, meeting the requirements of Section 8.07. 4. Uncovered patios )rovijed that: a. 1 ,:!The txitio is located entirely within the side and/or rear yard , except that an uncovered.. natiomaybe located within a front vaid if: is the surf -ace area of the uncovered atio wit/ iat the front and does not exceed 10`/ of the total calculated area within the front setback - ii: the uncovered vatio is set back at least 15 feet from all street orolvertv lines; iiino built-in structures, such as; arills or fire of the i)its, are included in anv portion arc id shrub wall, ora; combination thereof; and b. The vatio is set back at least 3 feet from side and rear property lineL.ej�et as otherwise Provided for in this Section. 5. Pools located entirely Nvithin the side and/or rear yard and set back at least 3 feet from side and rear property lines: 6. Minor utilities. Page 26 of 38 Mechanical equipment such as air conditioning units, pool pumps, and similar equipment, but such equipment is not allowed in the front setback and is allowed in the side and rear setbacks only if such equipment cannot be reasonably located behind the structure. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features provided that such features do not extend further than 18 inches into any required setback. , --'9. z Parking areas that cover up to 50% of the required front setback. provided that: a. Landscape buffers eight feet wide are provided between the property line and the nearest side of the parking pad, and also between the structure and the nearest side of the parking pad. These buffers must be landscaped and each shall contain a 3 foot high screen consisting of a continuous berm, hedge or wall; b. The parking is on a paved surface, as that term is defined in this Code; and c. The impervious coverage requirements in Section 11.02 are met. None of the features above (except plant material and public sidewalks) shall extend into a public easement without approval of a License to Encroach. Page 27 of 38 Chapter 7 Non -Residential Zoning Districts: Lot, Dimensional,, and Design Standards -2111331210111Z= The lot and dimensional standards provided in Table 7.03,020 are in addition to the interpretations and exceptions in Section 7.03.030. Table 7.03.020 contains cross-references and notes to specific sections or chapters of this Code when additional requirements or explanations may apply. A. For properties located in an Overlay Zoning District, additional or alternative provisions may apply. See Chapter 4 for all applicable Overlay Districts. Page 28 of 38 I W N I District Size, min. acreage oil Front Setback, Build -to Option Front Setback, Downtown Gateway Overlay Side Setba�Q SII ck,fee� �® ! � ! 1t Side Setback to Reside i8l__ District, min. feet Rear Setback, min. feet Rear Setback to Residential District, min. feet Building Height, max. feet u eryar s Refer to Section 8.04 for Bufferyard Requirements Landscaping Refer to Chapter 8 for Minimum Landscape Requirements Impervious Coverage Refer to Section 11 .02 for Impervious Coverage Requirements A. For properties located in an Overlay Zoning District, additional or alternative provisions may apply. See Chapter 4 for all applicable Overlay Districts. Page 28 of 38 B. For Non -Residential development in a Conservation Subdivision, see Section 11.06 for alternative development standards. C. Additional design limitations may be required for specific uses in Chapter 5 of this Code. When in conflict, the stricter provision shall apply, - I* S. Setbacks General 1. No building, structure, or other development feature shall be located within a required setback or yard unless otherwise specified in this Section. 2. When determining the setbacks for corner lots, the front lot line shall be adjacent to the shortest street dimension of the lot. In instances where the lot is relatively square or otherwise unusually shaped, a request may be made to the Director for a determination of the front lot line. 3. When determining the setback for lots with more than one street frontage other than ccarzaer tots the Plannn Director shall determine tl�e front lot line on the basis of street C of birildin to tlae street, and other best planniattraetices I T 4. Any setback to a public street shall be considered a street setback and meet the required front setback for lot lines adjacent to the street. The Planning Director may reduce the street setback to be consistent with the side setback of the district on a case by case basis based on lot c o the street on lots on the same block and on either side of the and existin character of the district. OlEffru r. MT -M T.. rW.W.MWM3N= a. For properties in the CN, C-1, OF and PF Districts, the front setback may be reduced to zero feet from the right-of-way line or any applicable public easement, if at least 25% of the street -facing building wall of the principal structure is built within 5 feet of the right-of-way line or applicable public or landscape easement on the primary street. b. Notwithstanding the foregoing provision in subsection (a), parking shall be setback 10 feet from the right-of-way line and shall not be located in a public or landscape easement. All non-residential uses located in the Downtown Gateway Overlay District, regardless of the underlying Zoning District, have special setback requirements. For these properties, the front setback of the underlying Zoning District is reduced to zero feet from the right-of-way line or any applicable public or landscape easement. Additional Page 29 of 38 requirements for properties in the Downtown Gateway Overlay District can be found in - Section 4.13.040. Development in the MU -DT District may have no side setback if access to the rear of the building is provided on the site or by a dedicated public alley. ILTIT11, 7 1111 'URN a. The following features may be located within a required setback: i. Landscape features (as defined in Chapter 16). ii. Fences and walls. iii. Driveways. iv. Sidewalks. v. Minor utilities. vi. Mechanical equipment such as air conditioning units, pool pumps and similar equipment, but such equipment is not allowed in the front setback and is allowed in the side and rear setbacks only if such equipment cannot be reasonably located behind the structure. vii. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features that extend less than 18 inches into the setback. viii. On-site parking .; may be located within a side or rear setback if: 0 Such parking is located no closer than five feet from the lot line; and The lot complies with the applicable bufferyard requirements in Section 8.04 of this Code. b. None of the features above (except plant material and public sidewalks) shall extend into a public easement without approval of a License to Encroach. In order to ensure a hizh nualitv, safe and sustainable built environment throuehout the Page 30 of 38 4711PPM, 0 a i- A. New buildings of less than 250 square feet and 15 feet in height are exempt from all requirements of Section 7.04. B. New buildings and expansions to existing buildim:s located in an Industrial District are exempt from the rec uirements of Section 7.04, with the exception of Section 7.04.0M hmvever all recluirement of Section 7.04 shall be applicable when those build -ii -,Zs are adjacent to a pus sic rarl esidntaal District or arterial oa freexay )eves av as identified in the Thoroi,W-ifiare Plan' ,1C. Where building expansions are less than 20% of the existing building's square footage, an applicant may request an Administrative Exception to , I those requirements of Section 7.04 that are not met by the origi� .- nal structure using the process established in Sections 7.04.070 and 3.16. D... AzlicLfltural buildi mals are exernot from the reouirements of Section 7,04. s identified in Section 5.0 am exem t from_ the reaajj:gnents of Section 7.04. MTM?-TtT-= All Non -Residential buildings shall be placed on a poured -in-place permanent slab foundation, an approved engineered pier and beam foundation or other type of approved engineered foundation. Foundation requirements apply only to enclosed covered buildings and do not apply to outdoor structures, open porches or buildings less than 250 square feet and 15 feet in height. Page 31 of 38 9 �-• :: � OTIT M -T M -TI* ". V 8.07.030 General Requirements The following apply to all fences within the City Limits, regardless of use or zoning district. A. Structural Integrity All fences shall be constructed to perpetually maintain structural integrity against natural forces such as wind, rain and temperature variations. Fences constructed of chainlink, welded wire, picket, or similar materials shall require a minimum of two (2) support rails spaced at least '/12 o f the total height of the fence apart. design established with the Fence Permit. C. Fence Materials 1. Allowed 01 d Lai -0 • re We I PVC. or other rol resistant alLernalives..Allowed materials may be restricted in certain circumstances, per the provisions of this Section, and are allowed by right in all other instances. Materials such as barbed wire, razor wire and electric fencing are only allowed with the limitations specified in this Section. Products manufactured for other uses and not originally intended to be permanent fencing .-.re prohibited. Some examples of prohibited material include but are not limited to: Plywood, paper, plastic, fiberglass panels, chicken wire, fabric or sheet, roll or corrugated metals. D. Aeight Illeasurement Fence height shall be measured from ground level on the higher side of the fence or wall. F oW. luau r a Tences, public streets and public parkland. F. Sight Triangle In accordance with the "Sight Triangle" requirements in Section 12.03.050 of this Code, no fence or wall more than 25% solid or more than 3 feet tall shall be located within 25 feet of the right-of- way at the intersection of two streets, or within 8 feet of the intersection of a street and an alley. Page 32 of 38 Loll -me 11 •110 1 f•: II Me - H. Temporary Fences Temporary fences are allowed without a Fence Permit, but only for a site with an active Building Permit, Stormwater Permit or part of a roadway construction project. The temporary fence shall be removed at the expiration of such a Permit or the conclusion of construction, whichever occurs first. Temporary fences needed for any other purposes are permitted and shall receive a Fence Permit from the Building Official. I. Electric Fences Electric fences are allowed without a Fence Permit, subject to the following: 1 . Electric fences shall not be permitted within 10 feet of any public rights-of-way or sidewalk. 2. Electric fences shall be placed a minimum of 2 feet from all private property lines. 3. A "Warning: Electric Fence in Operation" sign at least 12" x 12" in size shall be posted at intervals of not more than 50 feet apart and located not more than 1 foot away from the fence. • Z Sul' I 161ir.,110010mg 6 111,W1111111111 etc. 2. Fences shall be limited to 6 feet in height,., but all, Page 33 of 38 • 6 owl VIN 1 NMI— ;-e. If the fence is adjacent to a roadway where the right-of-way width is greater than 120 feet. g, For fences that would not meet the above circumstances, the Director may consider a request for an Administrative Exception, as described in Section 8.07.080. 3. Fences directly abuftina Dublic allevs shall be limited to 5 feet in he C. Barbed wire fences are not allowed on lots of less than 2 acres. 8.07.050 Apartment Fences ,5r;W CV0rA,*NA-4-* 2-tvek, qjma;�a preclude compliance with any required screening or bufferyard provisions of this Code. A. Wrought iron or similar material is allowed within the front and side setbacks abutting a local or collector -level street at a maximum height of 6 feet. No other fence materials are allowed in su setbacks. B. Wood fencing is allowed on property lines abutting private property, but not allowed in any stre setback. C. Residential Boundary Wall requirements in Section 8.07.060 shall be met. 8.07.060 Residential Boun ary Walls In order to provide a cohesive aesthetic appearance in a manner planned and constructed by the developer, all single-family, two-family, townhome and -multi !arnlily development that is bounded on any side by a major collector, arterial or freeway, as classified in Section 12.03, shall provide a boundary wall or similar perimeter buffer along that roadway using the following criteria. Assumption of responsibility for the maintenance and integrity of the boundary wall or portions thereo shall fall to the Home Owner's Association or, in the case there is not an e prope y owner on whose lot line the wall is situated. A. An opaque masonry wall shall be constructed along the right-of-way line at least 5 feet in height, but no taller than 6 feet in height. No additional fencing may be added to the wall. B. Development located in a Gateway Overlay District, established in Section 4.13, shall meet all requirements of the District. In such instances, the boundary wall shall be located along the innermost boundary of the required Gateway landscape buffer. The Gateway landscape buffer shall be situated on a platted lot that is owned and maintained by the owner, developer, neighborhood or homeowner association or other entity acceptable to the Director. Page 34 of 38 1. Masonry columns, or similar column effect as approved by the Director, using different materials than the wall, spaced no more than 125 feet apart; 2. Variations in depth achieved either through offsets of at least 5 feet deep, plant material groupings, breaks in walls or other variations as approved by the Director, occurring every 80 feet; or 3. An alternative articulation design approved by the Director per paragraph D below that meets the intent of this Section. D. Exceptions to the preceding requirements may be considered by the Director in the following circumstances and approved if the Director determines that the intent of this Section has been met. Exceptions shall be processed as an Administrative Exception, using the procedur- •- a-t described in Section I . If the land adjacent to the applicable roadway is occupied by a park or open space, unusual topographic conditions, local street, residential front setback or other similar space not occupied by a residence, the Director may consider a request for a combination of open space, berms, landscape features, plant material, and/or alternative screening wall material, another boundary wall location, or a release from the requirement. L If a developer chooses to prohibit fencing or offer a planned alternative that is codified on the plat, Construction plans and deeds and covenants, the Director may consi•er a request or a combination of open space, berms, landscape features, p ant ma er a, an• or a ema ve screening wall material, another boundary wall location, or a release from the requirement. Fences for non-residential uses are allowed in accordance with the following limitations. Ron - residential fences shall be constructed of materials that are architecturally compatible with the principal q,tructure. A. Fences located in the front and side setbacks abutting a local or collector -level street are allowed only with the following limitations: 1 . Fences shall be limited to 4 feet in height. 2. Fences shall be at least 50% transparent. For example, a wrought iron fence or a picket fence with openings the width of the picket. 3. Chainlink fences are prohibited within these locations. B. Fences located in a required setback adjacent to a public right-of-way shall not be located in a public or landscape easement. C. Fences located along a lot line shall not exceed 8 feet in height, unless otherwise specified in the Code. D. The finished side of all fences built to comply with any provision of this Code shall face outward toward each adjoining property. E. Sports fencing is allowed only with a setback from all property lines at a distance that is two times the height of the sports fence. F. Exceptions 1. Fences for industrial uses may be located in any street setback, but no closer than 10 feet from the right-of-way line. Such fences may not exceed 6 feet in height. 2. Fences for industrial and utility uses may use barbed wire above any conventional 6 -foot fence as long as the total height does not exceed 8 feet. Such fences shall be located a minimum of 20 feet from a public right-of-way. 3. Fences using razor ribbon or razor tape are allowed only in conjunction with a jail or other public detention or correctional facility. Such fences shall be located a minimum of 40 feet from a public right-of-way. Page 35 of 38 Page 36 of 38 Chapter 9 Off -Street Parking and Loading MUM= IIIIV M�� UCZZZ33= 1. Required off-street parking spaces shall have minimum dimensions of 9 feet in width by 18 feet in length, unless otherwise indicated within this Section. Parkirit&space length may be reduced to 16 feet vrovided there is a 2 -foot overhanz from the curb or back of the wheel stop in accordance with Figure 9.03.020.A below: E= E= S,VWAD, CR LkUMCAPE WIFFER/ pill - MOTH VWlei 7/707/770779 LAUDSCAFE BUFFfR,ST;IP MOTH VAkE� lalNO V�DMI WAR VERVUTTED CuRa 2 FEET 7 16 FM MIRKMG SCUAV - CLAS --I- A- S"W= &"Uu is FMr nPUM WIM Page 37 of 38 Chapter 13 Infrastructure and Public Improvements M"A"A"XZMM= OCCE1333ME 13.06.030 Sanitary Sewer System A. Sanitary Sewer System Required Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be served by either an Onsite Sanitary Sewer Facility (Septic System) or by a public wastewater collection system, as provided in this Section: :1. Where an approved public sanitary sewer collection main or outfall line is less than one-half mile away from the property boundary and connection to the system is both technically possible and permissible by the City or authorized provider of the centralized wastewater services, the subdivider shall be required to install a public wastewater collection system and shall bear the cost of connecting the subdivision to such existing wastewater collection system. 2. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where the extension of a sanitary sewer collection main or outfall lines is scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile away from the property boundary within five years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system and shall bear the cost of connecting the subdivision to such existing wastewater collection system 3. Where an approved public wastewater collection main or outfall line is more than one- half mile away from the property boundary, and where the extension of a sanitary sewer collection main or outfall lines is not scheduled in the City's Capital Improvements Plan to be completed to a point within one-half mile away from the property boundary within five years from the date of the Preliminary Plat approval, the subdivider may install Onsite Sanitary Sewer Facilities to serve each lot. 4. Under extraordinary circumstances (e.g., topography), the City may allow a subdivider to attempt to demonstrate that the installation of a public wastewater collection system is, on a per unit, cost -benefit basis, not technically feasible and cost prohibitive as compared to an Onsite Sewer System (Septic System) and an Onsite Sewer Facility (Septic System) should service the property(ies), rather than a public wastewater collection system. The Citv Council shall consider the subdivider's analysis and ' make a final Page 38 of 38