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HomeMy WebLinkAboutZoning Ordinance - 2000Zoning Ordinance TABLE OF CONTENTS PART 1: DISTRICTS ...... ...............................3 PART 2: DISTRICT REGULATIONS......................................................................................6 2.02 R -S Single Family.......................................................................................................6 2.03 R -M Multiple-Family.................................................................................................8 2.04 C-1 Local Commercial..............................................................................................11 2.05 C -2A Commercial First Height.................................................................................14 2.06 C -2B Commercial, Second Height...........................................................................16 2.07 I Industrial................................................................................................................17 2.08 R -P Residential Planned...........................................................................................18 2.09 Transitional Uses................................................................................................:.....26 2.10 Planned Development..............................................................................:................27 2.11 R -O Residential Office.............................................................................................27 2.12 Agricultural...............................................................................................................33 2.13 Residential Estate......................................................................................................37 2.14 R -MH Residential Manufactured Home...................................................................40 PART 3: SPECIAL PERMITS AND RESTRICTED USES ...........................43 PART 4: NON -CONFORMING USES..................................................::...............................62 PART 5: SPECIAL HEIGHT, YARD, RESIDENTIAL ADJACENCY SETBACK, BUILDING ARTICULATION, BUILDING MATERIAL, AND LIGHTING STANDARDS..........................................................................................................65 PART 6: LANDSCAPE REQUIREMENTS, PROTECTION OF TREES, BUFFERYARDS, PARKING LOT LANDSCAPING,AND SCREENING STANDARDS.................72 PART 7: OFF-STREET PARKING SPACES ARE REQUIRED...........................................86 PART 8: ACCESSORY USES AND BUILDINGS REGULATED.......................................98 PART 9: CONDOMINIUMS. PART 10: ADOPTION OF MAPS .............. PART 11: BOARD OF ADJUSTMENT PART 12: BOUNDARIES OF DISTRICTS ........................ PART 13: ENFORCEMENT ....................... .101 .102 .108 .108 CI7Y OF GEORGETOWN ZONING ORDINANCE PART 14: AMENDMENTS..................................................................... PART 15: VIOLATION AND PENALTY ............................................... PART 16: INTERPRETATION, PURPOSE AND CONFLICT .............. PART 17: SAVINGS CLAUSE................................................................ PART 18: DEFINITIONS......................................................................... APPENDIX................................................................................................. April 26,2000 2 ......................... 109 ......................... 112 ......................... 112 ......................... 112 ......................... 113 ......................... 119 CITY of GEORGErowN ZONING ORDINANCE ZONING ORDINANCE AN ORDINANCE DIVIDING THE CITY OF GEORGETOWN, TEXAS INTO DISTRICTS AND WITHIN SAID DISTRICTS REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE, AND OTHER PURPOSES; ESTABLISHING A BOARD OF ADJUSTMENT AND PRESCRIBING ITS POWERS AND DUTIES; REGULATING NON -CONFORMING USES; PROVIDING FOR SPECIAL PERMITS; PRESCRIBING PROCEDURES FOR AMENDMENTS; DEFINING TERMS; REPEALING CLAUSE AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: PART ONE: DISTRICTS Section 1.1 The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the City. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Section 1.2 Districts Are Established 1.201 Zoning districts and regulations as herein set forth are established. The City is hereby divided into three types of districts: R Districts - Residential C Districts - Commercial I District - Industrial 1.202 The three types of districts are further divided into the following districts, listed in order from most restrictive to least restrictive: A - Agricultural District R -E - Residential Estate District R -S - Single Family District April 26, 2000 CITY of GEGRGErowN ZONING ORDINANCE RM -1 - Multi -Family District RM -2 - Dense Multi -Family District R -MH - Residential Manufactured Home RM -3 - Office and Service Use District R -P - Residential Planned District R -O - Residential Office District C-1 - Local Commercial District C -2A - Commercial, First Height District C -2B - Commercial, Second Height District I - Industrial District [Section 1.202 as shown amended by Ordinance # 96-51] [Section 1.202 as shown amended by Ordinance # 2000-22 ] 1.203 The boundaries of the districts are as shown on the "District Map" attached to and made part of this Ordinance. [Section 1.203 as shown amended by Ordinance # 2000-22 ] 1.204 Whenever a street or alley is vacated, adjacent districts shall extend to the center line of the vacated street or alley. 1.205 Land Annexed to City All new territory hereinafter annexed to the City of Georgetown shall have the Agricultural (A) zoning district classification until alternative zoning is requested and approved by the City Council of the City of Georgetown. The procedure for re- zoning annexed properties shall be the same as that procedure provided herein, or as otherwise provided by law. A. No permit for the construction of a building or use of land shall be issued by the Building Inspector other than a permit which will allow the construction of a building permitted in the A, Agricultural District, unless and until such territory has been classified in a zoning district other than the A, Agricultural District, by the City Council in the manner prescribed by law except as provided in Section 1.206. B. Concurrent with annexation, owners of properties to be annexed by the City of Georgetown may begin the process of rezoning to a district other than the A district, upon written request, but may not complete the process of rezoning until the final reading of the ordinance annexing the property. All procedural requirements specified in this ordinance for the rezoning of properties shall be followed, as if the property considered was within the corporate limits of the City. April 26,2000 4 CITY of GEORGErowN ZONING ORDINANCE C. The keeping of animals as allowed in the Agricultural District, Sec. 2.12 and in the Residential Estate District, Sec. 2.13 upon and within land annexed after the effective date of this Ordinance, shall be expressly prohibited in all districts except the Agricultural and Residential Estate districts, and such keeping of animals shall be discontinued if such land is rezoned to any district other than the Agricultural and Residential Estate districts. 1.206 The owner, lessee, or any other person, firm, or corporation owning, controlling, constructing, supervising, or directing the construction of any building or structure which may be in progress of construction and which is incomplete at the time the land upon which it is situated is annexed to the City, before proceeding further with construction, alteration, or completion thereof, shall apply to the Building Inspector for a permit authorizing further work and shall attach to his application, plans and specifications for the construction of such buildings or structures. The Building Inspector shall grant such permit if the applicant shows that such building will comply with the building code and other Ordinances, rules, and regulations of the City, except Zoning, or the construction of such building or structure would not be to the detriment or against the general welfare of the City. Construction work shall be suspended until the necessary permit has been issued. Section 1.3 Effect of the Ordinance 1.301 Use of the premises and all buildings within the City shall be in accordance with the minimum standards hereinafter established. 1.302 Every building shall be on a lot. Except as provided in the regulations of the R -M and R -P Districts, there shall not be more than one principal building on a lot and all residential buildings shall face a public street. 1.303 Yards, parking space, or lot area required for one building can not be used for another building; nor can the size of a lot be reduced below the requirements of this Ordinance. April 26, 2000 CITY OF GEORGETOWN ZONING ORDINANCE PART TWO: DISTRICT REGULATIONS Section 2.01 Land or premises in each of the following classified districts in the City shall be used for the following purposes only. Any other use of land or premises in such district shall be unlawful and in violation of this Ordinance. All uses of land or premises shall comply with the conditions, limitations, and requirements as to yards, open spaces, lot coverage, spacing, height, off-street parking, and as may otherwise be set forth in this Ordinance. Section 2.02 R -S Single Family District Regulations 2.0201 Use Regulations: A building or premises shall be used only for the following purposes: 1. Single family dwellings: Residential use of temporary structures and trailers, manufactured homes and mobile homes is prohibited. 2. Public parks, public libraries, public elementary and high schools, and public buildings. 3. Private schools with a curriculum similar to public elementary and secondary schools. 4. Churches. 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. 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 no.w., railroad tracks, bridges, water tanks, signals and other railroad appurtenances, but not including railroad yards, classification tracks, storage tracks, passenger station, freight station, coaling facilities, fuel oil tanks or roundhouses. 9. Electrical facilities and electrical energy facilities, transformers, relay and substations, poles, wires, and electrical transmission and/or distribution lines and distribution appurtenances, but not including office buildings or storage facilities. 10. Transitional uses as maybe permitted by the Board of Adjustment. April 26,2000 6 Crry of GEORGETOWN ZONING ORDINANCE 11. Two family dwellings, provided that not less than 1/3 of the block frontage of that side of the block in which the two-family dwelling is proposed or of the block frontage directly opposite thereto is, at the time of the request for a building permit, comprised of lots used for two- family, multiple -family, commercial, and/or industrial purposes. 12. Two-family dwellings by Special Permit, as provided in Part Three of this Ordinance 13. Greenhouses and nurseries not primarily engaged in retail trade. 14. Home occupations. 15. Home child care as a restricted use as described in Section 3.201.A1. [Section 2.0201 as shown amended by Ordinance #96-51] 2.0202 Height Regulations No building shall exceed thirty-five (35) feet or two and one-half (2.5) stories in height. 2.0203 Area Regulations 1. Size of Yards: a) Front Yard: There shall be a front yard having a depth of not less than twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. No parking shall be allowed within the required front yard. b) Side and Rear Yards: No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to thirty-five (35) percent of the height of the structure, whichever distance shall be greater. A detached accessory structure may be located within three (3) feet of the rear lot line, provided that the rear lot line is also a right-of-way line for a public alley or a public utility easement, provided such easement has a width of not less than ten (10) feet. c) Lot Coverage: No more than thirty (30) percent of the total area of a lot shall be covered by structures. Structures include all buildings, principal and accessory, sheds and shelters. 2. Size of Lot: a) Lot Area and Lot Width: No building shall be erected or moved onto a lot for residential purposes unless same shall have an area of April 26, 2000 C.irY of GRORGErowN ZONING ORDINANCE approximately 6,000 square feet and width at building setback line of approximately sixty (60) feet. However, in applying these standards, consideration shall be given to the size of the proposed building in relation to the size of the lot, the neighborhood in question, and whether or not the health and fire safety purposes of this ordinance are being met. b) Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the effective date of this ordinance, the above regulations shall not prohibit the erection of one single-family dwelling thereon. [Section 2.0203 shown as amended by Ordinance on November 12, 1969] 2.0204 Parking Regulations Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 7.1. 2.0205 Additional Requirements Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. [Section 2.0205 as shown amended by Ordinance # 2000-221 Section 2.03 R -M Multiple -Family District Regulations 2.0301 Use Regulations A building or premises shall be used only for the following purposes: 1. RM -1 Multi -Family: a. Two-family dwellings or duplexes b. Three-family dwellings or tri-plexes C. Structures permitted in areas zoned "R -S" 2. RM -2 Dense Multi -Family: a. Occupations and activities carried on by resident members of families where: 1) There is no sign other than one sign (non -illuminated) not larger than four (4) square feet in area, 2) No products but those made on the premises are sold on the premises, 3) Mechanical equipment that is normally used in a dwelling, and 4) Only one person, other than a member of the family, is employed. April 26,2000 CITY of GEoRGEfowN ZOMNG ORDINANCE b. Lodging houses C. Apartment hotels d. Row houses or town houses e. Multiple -family dwellings f. Any use authorized under RM -1 above g. Intermediate child care as a restricted use as described in Section 3.201.A2. 3. RM -3 Office and Service Use a. Hospital or clinic, other than veterinarian, b. Religious, educational and philanthropic institutions, but not animal care, C. Clubs, lodges, fraternities and sororities where the chief activity is not a business, d. Offices and office buildings. Total office space in a single structure shall not exceed a floor area of five thousand (5,000) square feet, e. Personal service shops, such as beauty shops and barber shops, but not beauty and/or barber schools or colleges, f. Studios of artists and photographers, g. Pre -kindergarten, kindergarten, and other private schools, h. Convalescent or rest homes, and i. Any use authorized under RM -2 above. [Section 2.0301 shown as amended by Ordinance on December 13, 1971 ] 2.0302 Height Regulations 1. RM -1 buildings shall not exceed thirty-five (35) feet or two and one-half stories in height. 2. RM -2 and RM -3 buildings shall not exceed forty (40) feet or three (3) stories in height. [Section 2.0302 shown as amended by Ordinance on December 13, 1971] 2.0303 Area Regulations 1. Size of Yards a. Front Yard: There shall be a front yard having a depth of not less than fifteen (15) feet. There shall be no parking in the required front yard. b. Side and Rear Yards: No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to thirty (30) percent of the height of the structure, whichever shall be the greater. A detached accessory 9 April 26, 2000 C7rY OF GEORGETOWN ZONING ORDINANCE building may be located within three (3) feet of the rear lot line provided that the rear lot line is also a right-of-way line for a public alley or a public utility easement, provided such public utility easement has a width of not less than ten (10) feet. C. Lot Coverage: Except for the required yards, there is no requirement if there is no residential use on a premises. When there is a residential use upon a premises, no more than sixty (60) percent of the total area of a lot shall be covered by a structure. Structures shall include all buildings, principal and accessory, sheds and shelters, but does not include roofed or covered parking areas where there are no side walls to the structure. 2. Size of Lot a. Lot Area, Width, and Depth: There are no minimum requirements for non-residential uses. For all residential uses, the minimum dimensions for a lot, as set forth in the R -S district regulations, shall apply. No single-family, two-family, or three-family dwelling shall be constructed or occupied on any lot having an area of less than seven thousand (7,000) square feet. Any lot upon which there is a multiple -family dwelling (a structure containing three or more row houses or townhouse dwelling units shall be considered a multiple -family dwelling) containing four or more dwelling units shall have an area of not less than seven thousand (7,000) square feet plus one thousand five hundred square feet for each dwelling unit in excess of three dwelling units. b. Where a lot having less area, width and/or depth than herein required for a single-family dwelling or two-family dwelling existed in separate ownership upon the effective date of this ordinance, the above regulations shall not prohibit the erection of a single-family dwelling or a permitted non-residential use thereon. 3. Spacing and Location of Structures Several structures may be located upon a lot, provided that: a. Any structure containing a residential use not facing a public street shall face upon a court yard having a minimum width of forty-five (45) feet between structures and any appurtenances thereto which court yard shall open upon a public street. b. No two exterior walls of structures, either of which contain a residential use, windows, or are parallel or within 45 degrees of being parallel, shall be closer together than a horizontal distance equal to one-half the combined height of the two structures, except that no structure need be separated by a distance greater than forty-five (45) feet. All other structures shall be separated by a minimum horizontal distance of eight April 26,2000 10 C.i ry of GFARGErowN ZONING ORDINANCE feet. 4. Recreational Open Space Not less than two hundred (200) square feet of recreational open space per dwelling unit in a multiple -family, row house or town house development, shall be provided with the area of the project or development. Such recreational open space shall be located or arranged so as to function as a recreational area and be uniformly beneficial to all of the dwelling units in the project or development. Open space required to separate structures shall not be considered to be a part of the required recreational open space. 5. Private Open Space Each dwelling unit in a row house or town house project shall be provided with a private yard or open space of not less than one hundred fifty (150) square feet in area, which shall be immediately accessible and functional to the dwelling unit that it serves. Such open space may be at the front, rear, or side of a dwelling unit and shall be in addition to the required spacing between structures and between lot lines. 6. Additional Requirements Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. [Section 2.0305 as shown amended by Ordinance # 2000-22 ] 2.0304 Parking Regulations Off-street parking shall be provided in accordance with the requirement for specific uses set forth in Section 7.1 of this ordinance. Section 2.04 C-1 Local Commercial District Regulations 2.0401 Use Regulations: A building or premises shall be used only for the following purposes: Any use permitted in the RM -3 District. Residential use of trailers and temporary structures is prohibited. 2. Sale of goods and products at retail, excepting automobiles, trailers, mobile homes, motorcycles, farm equipment and machinery, and earth moving and heavy construction equipment. 3. Shops for repair and servicing of bicycles, typewriters, electrical, radio and television appliances, keys, and similar articles. I 1 April 26, 2000 CITY of GRORGE[owN ZONING ORDINANCE 4. Dressmaking, millinery, tailoring, shoe repair, laundry, dry cleaning, and similar trades. 5. Banks. 6. Animal hospitals and clinics, where there are no open kennels. Commercial schools. 8. Undertaking establishments. 9. Commercial parking lots. 10. Bowling alleys and other indoor commercial recreation. 11. Offices and office buildings (no area limitations). 12. Motels and hotels. 13. Theatres, but not drive-ins 14. Signs (advertising) used in connection with and on the same lot as the establishment to which they refer. No sign shall have a height greater than any building on the premises upon which it is located. No sign shall be within any required yard. The area of all signs on a lot shall not exceed a quantity of square feet that is greater than twice the quantity of feet in the frontage of the lot upon which it (or they) are located. No sign shall use flashing or rotating lights or lighting devices. No sign shall be lighted so as to be a nuisance to the occupants of any nearby or adjoining properties in any residentially zoned district. 15. Day care center as restricted use as described in Section 3.201.A3. 2.0402 Height Regulations The height regulations are the same as those indicated within the R -M District regulations. 2.0403 Area Regulations The area regulations of the R -M District regulations shall apply, except that: 1. No rear yard is required for a non-residential use that is on a lot that does not back upon an "R" District. April 26,2000 12 CITY of GEORGErowN ZONING ORDINANCE 2. Side yards of four (4) feet only are required on a lot used for non-residential purposes, provided that along a side lot line adjoining an "R" District, a side yard is provided as required in the adjoining "R" district. The front yard shall have a depth of not less than 15% of the lot depth, but not greater than twenty-five (25) feet. [Section 2.0403 shown as amended by Ordinance #80-10] [Section 2.0403 as shown amended by Ordinance # 2000-22 ] 2.0404 Parking Regulations Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 7.1 of this ordinance. 2.0405 Additional Requirements 1. Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. 2. In granting the rezoning amendment to the District Map, the City Council may impose reasonable conditions as set forth below for the protection of surrounding land owners, as well as the general public, which shall be complied with by the owner of the property seeking rezoning amendment, or such owner's successor in interest, before a building permit or certificate of occupancy may be issued by the Building Inspector for the construction or reconstruction of improvements on such property subject to said rezoning amendment. Provided, however, that nothing in this Ordinance shall preclude the Council in enforcing such conditions from pursuing any other remedies allowed by law or equity. Any conditions imposed shall be made with reasonable consideration to the character of the district, uniformity, and the district's particular suitability for particular uses. Such conditions may include the following: a) Provisions for safe ingress and egress from thoroughfares, and reasonable connections among adjacent properties with similar use; b) Provisions for reasonable visual screening of thoroughfares, and buffering for adjacent, more restrictive districts or thoroughfares; c) Provisions concerning signs, like prevention of sight obstructions and reasonable clearance from overhead electrical lines; d) Provisions concerning public improvements like sidewalks and traffic control devices to insure public safety, health and welfare; e) Reasonable landscaping requirements, concerning visual screening, reduction of pollution in storm water run-off, visual relief to large paved 13 April 26, 2000 C1ry of GEORGErowN ZONING ORDINANCE areas, and provisions to diminish the perceived scale of building mass. f) Restricting the property to one or more particular use(s) within the proposed Zoning District. g) Requirement of a site plan to be approved in the Commission and Council in accordance with the requirements of Section 2.1105 of the Base Ordinance. Subsequent modification(s) of an approved site plan require new approval by the Commission and Council. Any construction or reconstruction of improvements shall be in accordance with an approved site plan. Any such conditions imposed shall not be construed as conditions precedent to the granting of the rezoning amendment of such property, but shall be construed as conditions precedent to the granting of the building permit. [Section 2.0405 shown as adopted by Ordinance 880014.00A.4 January 12, 1988 ] [Section 2.0405 as shown amended by Ordinance # 2000-22 ] Section 2.05 C -2A Commercial First Height District Regulations 2.0501 Use Regulations A building or premises shall be used only for the following purposes: 1. Any use permitted in the "C-1" District Regulations. Residential use of temporary structures is prohibited. Residential use of trailers in approved trailer parks only. 2. Automobile, motorcycle and truck repair conducted only in a building Garages, including storage garages. 4. Public cold storage lockers 5. Print, furnace, heating, air-conditioning, sheet metal, plumbing, tire and car washing establishments and similar shops. 6. Retail sales of automobiles, trailers, mobile homes and motorcycles. Soft drink bottling. 8. Jewelry manufacturing. 9. Testing laboratories. 10. Outdoor commercial recreational activities. 11. Lumber yards, provided that any outdoor display or storage is screened by a April 26,2000 14 CITY of GEORGErowN ZONING ORDINANCE solid wall not less than six and one-half (6 ''/2) feet high, as approved by the Building Inspector, from any "R" District along any side or rear lot line that is also a district boundary of an "R" District. 12. Bakeries, wholesale. 13. Drive-in theatres. 14. Newspaper publishing. 15. Signs and billboards, restricted as to height and lighting as set forth in the "C-1" District Regulations. 16. Television and radio broadcasting transmitters. 17. Retail sales of farm equipment and machinery and earth -moving and heavy construction equipment, provided that any outdoor display or storage is screened by a solid wall not less than six and one-half (6 '/2) feet high, as approved by the Building Inspector, from any "R" District along any side or rear lot line that is also a district boundary of an "R" District. 18. Any other use excepting scrap metal, junk, pipe, automobile wrecking and other outdoor storage yards, and provided that: a. There shall be no possible hazard to adjoining properties and their occupants from explosives or other volatile material or from radiation or radioactivity; and that b. All outdoor storage or activities shall be screened from public view by a wall of not less than six and one-half (6 %2) feet in height, and as approved by the Building Inspector; and C. That there shall at no time be emitted by the use any odor, smoke, glare, fumes, vibration, dust or other air bome matter that may be readily detectable without instruments from any point beyond the premises upon which the use is located, excepting noise, which shall not be of such volume or pitch to be a nuisance, obnoxious or to adversely affect the value or use of adjoining and nearby properties and public areas. All manufacturing shall be conducted only within completely enclosed structures, the walls of which are pierced only by windows and doors of average size. No structures having a manufacturing or processing activity shall have a floor area in excess of ten thousand (10,000) square feet. [Section 2.0501 as shown amended by Ordinance # 2000-22 ] 15 April 26, 2000 C.iTy of GEomErowN ZONING ORDINANCE 2.0502 Height Regulations The height regulations are the same as those in the "R -M" District Regulations. [Section 2.0502 as shown amended by Ordinance # 2000-22 ] 2.0503 Area Regulations The area regulations as set forth in Section 2.0403 for the "C-1" District shall apply. [Section 2.0503 as shown amended by Ordinance # 2000-22 ] 2.0504 Parking Regulations Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 7.1. 2.0505 Additional Requirements 1. The regulations set forth in Section 2.0405 entitled "Additional Requirements" for the "C-1" District shall apply to this District. 2. Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. [Section 2.0505 shown as adopted by Ordinance 880014.00A.4 January 12, 1988] [Section 2.0505 as shown amended by Ordinance # 2000-22 ] Section 2.06 C -2B Commercial, Second Height District Regulations 2.0601 The regulations set forth in Section 2.05 of this ordinance for the "C -2A" District shall apply except that there is no limit on the height of structures. 2.0602 Additional Requirements 1. The regulations set forth in Section 2.0405 entitled "Additional Requirements" for the "C-1" District shall apply to this District. 2. Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. [Section 2.0602 shown as adopted by Ordinance 880014.00A.4 January 12, 1988] [Section 2.0602 as shown amended by Ordinance # 2000-22 ] April 26,2000 16 Crry OF GEORGETOWN ZONING ORDINANCE Section 2.07 "I" Industrial District Regulations 2.0701 Use Regulations A building or premises shall be used only for the following purposes: 1. There may be any use except that: a. There may be no building for residential use and no trailers, except quarters for caretakers and similar personnel; b. An applicant for an industrial facility shall submit evidence prepared by a qualified person that the use for which a building permit is requested will not by reason of the emission of dirt, fumes, gas, odor, smoke and other air bome particulate matter, glare, vibration and/or noise or by reason of disposal of waste violate any air and/or water pollution control ordinance, laws or statutes then in effect, and that nearby and other properties in the City will not be depreciated or devalued for the purposes and uses for which they are zoned, that the occupants of such properties will not be adversely affected and the residential amenities in any "R" District will not be diminished. 2.0702 There are no height and area regulations for non-residential use. 2.0703 Parking Regulations Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 7.1. 2.0704 Existing Residential Uses Residential Uses existing within an "r' District at the time of adoption of this Ordinance or subsequent designation of an "r' District shall not be considered as non -conforming uses. The reconstruction, alteration, repair or expansion of any such residential use shall comply with the area regulations and height regulations as set forth in the "R -M" District Regulations. No reconstruction, alterations, repair or expansion of any existing or destroyed single-family residence or two-family residence shall increase the number of dwelling units upon a lot in excess of the quantity present at the time such lot became subject to the "r' District Regulation. [Section 2.0704 as shown amended by Ordinance # 2000-22 ] 2.0705 Additional Requirements Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. 17 April 26, 2000 CirY of GEORGETOWN ZONING ORDINANCE [Section 2.0705 as shown amended by Ordinance # 2000-22 ] Section 2.08 "R -P" Residential Planned District Regulations 2.0801 Use Regulations 1. Residential -any residential use including detached, semi -attached, attached, or multi -family dwelling units or any combination thereof. 2. Commercial -commercial uses may be allowed if the developer can show there is a need within the PUD. However, commercial facilities will be limited to those businesses which will provide a needed service or convenience for the PUD and the immediate area. Businesses which may be allowed are: Professional offices, cleaning shop/laundry, barber/beauty shops, pharmacy, repair shops and convenience stores. Other commercial uses shall require a special permit. 3. Any use permitted by the "R -S" District regulations and conforming to the District's standards. [Section 2.0801 as shown amended by Ordinance # 2000-22 ] 2.0802 Parking Regulations Off-street parking space shall be provided in accordance with requirements set forth in Section 7.1 except for dwelling units which will require a minimum of 2 '/� additional parking spaces for each bedroom in excess of 2 per dwelling unit. [Section 2.0802 as shown amended by Ordinance # 2000-22 ] 2.0803 Height Regulations No building shall exceed thirty-five (35) feet or two and one half (2'/s) stories in height that is within 200 ft. of existing residential dwellings and no buildings shall exceed forty (40) feet or three (3) stories in height. 2.0804 Minimum Lot Size, Yard, Recreational Space, Maximum Land Coverage, and Spacing of Structures Regulations The minimum lot size, yard, recreational space, maximum land coverage, and spacing of structures regulations of the "R -M" District shall apply except that: 1. Density. The overall density of a project or development shall be within the range of up to 10 dwelling units per acre of gross area [Gross area is area within the boundaries of the project or development including any public streets that may traverse same, and one-half the area of any perimeter public April 26,2000 18 Crrr of GEGRGErowN ZONING ORDINANCE street (paved width).] Single-family detached dwellings: 5 dwelling units per acre. Two family dwellings, detached: 8 dwelling units per acre. Row -houses or townhouses: 15 dwelling units per acre. Multiple -family dwellings: 20 dwelling units per acre. 2. Maximum Lot Coverage - Required Open Space Not more than 40% of the net area of the total project or development or any portion thereof, shall be covered or occupied by impervious coverage which includes all buildings or structures, streets, public sidewalks, and coverage of the land by concrete or asphalt surfaces with the exception of patios and walkways in connection with an individual dwelling unit. Usable recreational open space shall be provided within the area of the project or development and shall be located or arranged so as to function as a recreation area or areas and be uniformly beneficial to all of the dwelling units in the project or development. Required open space separating structures shall not be considered to be a part of the required recreational open space. 3. Access All dwellings shall have access either to a public street or to a private street meeting City street construction standards. All public and private streets will ensure adequate circulation patters and safety standards. 4. Garbage Collection For each development or project within which there are private streets or drives, there shall be provided one or more enclosed structures of a size and in a location as approved by the City Manager, to be used for housing of approved garbage containers for public garbage collection from those dwelling units not served directly by public streets. It shall be the responsibility of the developer within the private restrictions or agreements governing the development, to provide for maintenance of the garbage collection structures, the use of such structures, and the movement of garbage and trash from dwellings not served by public streets to such structures. 5. When any proposed development involves provisions for common areas such as open space, recreational areas, etc. copies of the proposed articles of incorporation, by-laws, and protective covenants shall be reviewed by the City Attorney before final approval of the Development Plan is granted. Provisions 19 April 26, 2000 CnY of GEORGErowN ZONING ORDINANCE shall be made for the granting of permanent rights of access to the City of Georgetown over all private drives, walks, streets, and parking areas. 6. Additional Requirements: Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. [Section 2.0804 as shown amended by Ordinance # 2000-22 ] 2.0805 "R -P" Zoning Coordination 1. All applications for an "R -P" Zone Change shall be accompanied by a development site plan as set forth in the Review Process. 2. An application for an "R -P" Zone Change shall not be accepted unless a preliminary development site plan, and all supporting documents required are submitted at the time the application is made. 3. Property not previously platted, and in cases where the "R -P" Zone Change requested necessitates a re -plat, a preliminary plat, as required by the subdivision ordinance, shall be filed with the application for the Zone Change. 4. All uses permitted in this district shall meet the minimum requirements for that use or similar type uses provided in the district which the use or similar type is permitted. However, the City Council may vary those District requirements to allow flexibility for modem urban planning and design, and to protect existing development, or the environment. [Section 2.0805 as shown amended by Ordinance # 2000-22 ] 2.0806 Construction Limits Open space and recreational facilities shall be constructed in proportion to the number of dwelling units being constructed during any construction phase, or as specified in the final development site plan. 2. No commercial activities shall be constructed in connection with residential units until 33 1/3% of the residential units are completed or the City Council concurs that a need for commercial services has developed within the PUD. 2.0807 Setbacks and Spacing of the Interior of the Development shall be at least equivalent to that required by the Zoning District for a similar use unless the applicant demonstrates that: 1. A better or more appropriate design can be achieved by not applying the provision of the zoning district, and 2. Adherence to the requirements of the zoning district is not required in order to insure the health, safety, and welfare of the inhabitants of the development April 26,2000 20 CrrY of GEGRGErowN ZONING ORDINANCE and/or adjacent residents. 2.0808 Site Planning on the perimeter shall be provided to the mutual protection of the district and surrounding property from potential adverse influences. 2.0809 Development Plan Processing A three step review is required for all uses except single family uses that conform to the "R -S" District regulations Pre -application Conference There will be a meeting with the developer and representatives from the City to discuss any proposed PUD. No specific submission documents are required, however, the developer should have enough drawings and sketches to clearly communicate his plans and ideas. 2. Preliminary Development Plan This step is initiated by a formal application for preliminary development plan. A development plan will consist of the following and will be submitted in a sufficient number of copies as specified by the City Manager. a. Preliminary Plat- if needed, as defined in Georgetown's Subdivision Ordinance and in accordance with its regulations. b. Preliminary Site Plan- this is a plan covering all the land within the development, and adjacent areas as specified, which shows the following information: i The title page of each application and set of plans shall be signed by the applicant's engineer and architect, and/or landscape architect. The land planner should be so designated. The scale of the site plan shall be 1"=50 ft. or if over 100 acres .1"=200 ft. Engineering Scale and United States Coastal and Geodetic Base Datum is to be used. ii The date, scale, north point, title, name of owner, and name of person preparing the plan. iii The boundaries of the area covered by the plan, the dimensions of the tract, all public and private rights-of-way and easements bounding and/or intersecting the district(s) proposed to be continued, created, relocated and/or abandoned. iv The location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, the location of 21 April 26, 2000 Crry of GEORGEmwN ZONING ORDINANCE entrances and loading points thereof. v The centerline of existing water courses, drainage features, 100 year flood plain, if any, avigation easements, if any, and location and size of existing and proposed streets and alleys. A The clear designation of areas reserved for off-street parking and for off-street loading, the location and size of points of ingress and egress, and the ratio of parking spaces to number of units. vii A representation of the general use and character of land adjacent to the PUD area within 200 feet. viii The dwelling intensity of each type of housing in residential areas, the overall average density, and the lot sizes and locations of any other uses within the PUD. ix Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses. x A detailed statement and/or sketch indicating the basics of a landscape plan along the boundary of the PUD to a depth of 100 horizontal feet together with a description of the types of materials to be used. The regulations of the landscape ordinance shall apply. xi Existing sanitary sewer easements, electric easements, drainage easements and any other. xii Topography in 5 ft contours, showing major trees or tree groups and other significant natural features. xiii Location of day care or kindergarten facilities and play areas, if any. xiv A table showing the number of dwelling units, or other uses, contained in each structure, and the number of parking spaces provided for each. xv Total square footage of the development lot; total square footage of common open space and private open space; total square footage of coverage by: a) streets and driveways, and April 26,2000 22 CITY of GEORGETOWN ZONING ORDINANCE b) structures; location, approximate size and type of construction of all free standing signs (Note: All of the above may be given as approximate figures) c) Supporting Documents Copies of all maps and documents shall be submitted in sufficient numbers, as determined by the City Manager, to allow review by all interested parties. i Requests for any necessary zone changes ii A legal description of the property concerned, together with the names of present owners. A written acknowledgment of present owner(s) knowledge of proposed use of his land. iii A statement of planning objectives to be achieved. iv A sketch or narrative giving topographic data sufficient to indicate clearly the character of the terrain; significant natural features; and existing development to be retained. (unless information is shown on the site plan) Schematic grading plan and proposed treatment of slopes schematic drainage plan. vi Projections of traffic volumes within the PUD and volumes generated by the PUD that would be added to streets in the vicinity. vii Data justifying commercial land proposals and high density multi -family dwellings. viii A narrative description of the agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the PUD and any of its common open space. ix Phasing or development sequence and approximate areas to be included in each phase, if known. X Architectural illustrations and text as required establishing the basic architectural character and environmental design qualities to be attained throughout 23 April 26, 2000 Clry of GEGRGErowN ZONING ORDINANCE the PUD. (i.e. A sketch, drawing, or illustration and description of materials of the representative types of buildings to be constructed. d) Procedure i After formal application is made, the City will have 30 days or until the next regular Planning and Zoning Commission meeting, whichever is greater, to complete a review. ii A public hearing shall be held at the Planning and Zoning meeting considering the preliminary approval. The recommendations of the Planning and Zoning Commission shall be forwarded to the City Council, who shall have 30 days to act upon the proposal. iii Preliminary approval shall not be given to the PUD proposal until the preliminary site plan, preliminary plat, and zone changes have been approved or approved with stipulations, that shall be set forth in a letter of verification. 3. Final Development Plan a. Final Plat: If needed, as defined in Georgetown's Subdivision Ordinance. b. Final Site Plan: This should be drawn to the same scale and show all information required for the preliminary site plan, with engineering and technical requirements plus the following data: 1) Overall height of 2 and 3 story structures. 2) Ratio of parking spaces to the number of bedrooms. 3) A detailed landscape plan along the boundary of PUD to a depth of 100 horizontal feet, together with a description of the types of materials to be used. 4) A plan for the location of all public utilities and fire hydrants. 5) All easements including but not limited to: sanitary sewer easements, electric easements, water easements, drainage easements. In addition lighting and garbage April 26,2000 24 CITY of GEORGErowN ZONING ORDINANCE pickup locations. 6) Topography in 2 feet contours. 7) A table showing number of one -bedroom, two bedroom units, etc., contained in each structure, number of structures, and number of parking spaces required and provided for each. 8) Total square footage of the development lot; total square footage of common open space and private open space; total square footage of coverage by a) streets, driveways, walkways, and b) structures; total number of off-street parking spaces for guests; square footage, location, type of construction and design features of all signs; total number of garbage collection facilities. C. Supporting Documents All documents supplied with the preliminary development plan except that: 1) A copy of all agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PUD and any of its common open space must be filed with the City Attorney. 2) The development schedule should indicate sequence and timing of development, and timing of and map of area to be included in each phase. d. Procedure 1) From the time of the preliminary approval, the developer will have six (6) months to submit a Final Development Plat and Final Site Plan to the City for review. 2) The City will have 30 days or until the next regular Planning and Zoning meeting, whichever is greater, to complete its review of the Final Plat and Final Site Plan. The recommendations of the Planning Commission shall be forwarded to the City Council, who shall have 30 days to act upon the proposal. The Zoning change shall not become effective until the Final Plat and Final Site Plan have been approved. Upon final 25 April 26, 2000 CITY of GEoRGErowN ZONING ORDINANCE approval and recording of all aspects of the Final Development Plat, the Final Site Plan will be released to the Building Inspection Depamnent and building permits may be issued consistent with the Final Development Plat and the Final Site Plan. 3) The Chief Building hvspector, with the written approval of the City Manager, may allow minor revisions of the plan. That which would change the basic design, types or size of units, or basic character of the development must be amended under the same procedure as for original approval. [Section 2.0809 as shown amended by Ordinance # 2000-22 ] 2.0810 Additional Requirements Additional applicable development requirements in Parts 5 and 6 shall be provided [Section 2.08 shown as amended by Ordinance #81-13] [Section 2.0810 as shown amended by Ordinance # 2000-22 ] Section 2.09 Transitional Uses 2.0901 Within a "R -S" District upon any lot, a side lot line of which abuts a "C" District, the Board of Adjustment may permit a two-family dwelling, a multiple -family dwelling or row houses or town houses. The height and area regulations as set forth in the "R -M" District Regulations shall apply to such transitional uses. Within the "R -S" District upon any lot, a side lot line of which abuts an "P' District, the Board of Adjustment may permit any use permitted in the "R -M" District Regulations, which use shall comply with the height and area regulations as set forth in "R -M" District Regulations. [Section 2.0901 as shown amended by Ordinance # 2000-22 ] 2.0902 No transitional area shall extend along the street frontage a distance greater than the width of one lot, and in no event shall it extend a distance greater than one hundred (100) feet from the district boundary of the less restricted district except that if the lot upon which the transitional use is to be located has a width greater than one hundred (100) feet but less than one hundred fifty (150) feet, the transitional use may be extended throughout the entire width of the lot. April 26,2000 26 CITY OF GEOROErowN ZONING ORDINANCE Section 2.10 Planned Development Regulations Except where prior approval of development plans are required of property in a "R -P" District, any person desiring to use land or erect buildings on property of five (5) acres or more that is to be developed for multiple -family dwellings, commercial or industrial purposes shall comply with the following procedures: The applicant shall submit a plan to the City Building Inspector showing in detail the manner in which the land is to be used, the location, size, character and appearance of buildings, and provision for off-street parldng, service areas, and landscaping; said plan shall include the entire area within a project or development. The City Building Inspector shall refer the plan to the City Planning and Zoning Commission who shall have thirty (30) days in which to investigate the plan. If the Commission does not report in thirty (30) days, the City Council may assume that the Commission approves the plan. If the City Planning and Zoning Commission reports that: 1) The plan complies with all regulations of this ordinance; 2) The plan is in the best interests of the City; 3) The plan is consistent with the public interest and purposes of this ordinance; Then the City Building Inspector shall approve the plan and building permits shall be issued to cavy out the approved plan. Buildings and land may be used only in accordance with approved plans. Approved plans may be amended by the same procedure by which they were approved. [Section 2.10 as shown amended by Ordinance # 2000-22 ] Section 2.11 R -O Residential Office District Regulations 2.1100 Purposes and Intent for R -O District: It is the desire of the City Council to allow through the creation of the R -O Residential Office district an orderly transition of land use from residential use to relatively small scale office use of lots and parcels fronting Williams Drive west of Interstate 35 while maintaining a predominantly residential property appearance and building scale. Further, it is the City Council's intention in creating this district to mitigate adverse impacts of this transition from residential use to small scale office use on the remaining residences, and on the traffic carrying capacity of Williams Drive. Finally, this ordinance is not intended to encourage or endorse violation of any restrictive covenants existing along said thoroughfare. [Section 2.1100 as shown amended by Ordinance # 2000-22 ] 27 April 26, 2000 Qry of GEORGETOWN ZONING ORDINANCE 2.1101 Criteria for rezoning to R -O: In order to be considered for rezoning to the Residential Office district (hereinafter R -O), a lot or parcel must be contiguous to the public right-of-way of that certain street within the City of Georgetown which is designated as Texas FM 2338 and as Williams Street, and which is commonly and herein referred to as Williams Drive. Such lot or parcel must also be located on Williams Drive, west of Interstate Highway 35 and east of Power Road. Every R -O district must meet at least one of the following three criteria: a. Must contain not less than three hundred fifty (350) feet of continuous frontage on one side of Williams Drive; provided, however, that for the purpose of applying this part, frontage may be considered continuous across a street intersection; or b. Must contain three (3) adjacent platted lots having frontage on Williams Drive; or C. Must contain the entire frontage along one side of Williams Drive between any two of the following: intersecting street; school; church; any less restrictive zoning district than R -O; public building, utility or institutional facility, or any other physical feature which the Planning & Zoning Commission finds to be an identifiable and sufficient "buffer or edge" to the proposed R -O district is keeping with the purpose and intent of the R -O district. The maximum depth of any R -O district, measured from the Williams Drive right-of-way, shall be established as follows: a. For any platted lot, the depth of the lot; b. For any unplatted parcel, one hundred forty (140) feet. 2.1102 Permitted Uses. The following use types are permitted within the R -O District. A. Commercial uses 1. Insurance office; 2. Real estate office; 3. Offices for attorneys, architects, accountants, engineers and similar professionals, except human health care as hereinafter provided; 4. Photographic studio; 5. Mailing and stenographic services; 6. Travel agency; 7. Investment broker; April 26,2000 28 Crry of GEORGEf owN ZONING ORDINANCE 8. Business management consultant; B. Civic Uses 1. Offices of non-profit organizations, such as professional membership organizations, labor unions, civic, social, fraternal, religious and political organizations. C. Residential Uses 1. Any use permitted in the RS district. 2.1103 Conditional Uses: The following use types may be allowed, subject to approval for special permit as provided by Chapter Three, Sections 3.101 et seq. hereof. A. Commercial uses 1. Offices of professional psychological, chiropractor, out-patient basis. B. Residential Uses services providing medical, dental, and other human health care on an 1. One accessory apartment per principle structure, not to exceed 35 percent of the floor area of the principle structure. 2.1104 Site Development Standards Each site in the residential office district shall be subject to the following site development regulations. a. Impervious Cover: Total impervious cover shall not exceed 55% of the lot area. b. Principle structure: Buildings in the R -O district shall maintain a single family detached residential appearance and scale. i Building Height: Maximum building height shall be 35' or the maximum building height allowed in the most restrictive adjacent zoning district, whichever is less; provided, however, that no part of any building shall penetrate a "bulk plane" established as follows: beginning ten feet above average grade at each required side and rear building setback line and rising one foot for every two feet of additional setback. Buildings shall contain not more than two and one-half stories. 29 April 26, 2000 CITY OF GEORGETOWN ZONING ORDINANCE ii Roof: Roofs shall be hip or gable type, with a minimum pitch of 3:12. Maximum height of any rear eaves shall be not greater than 9 feet measured from average grade at the building foundation. Maximum height of any rear gable shall be not greater than 16 feet measured from average grade at the building foundation. Roof material shall not be bright, highly reflective material. A ridge line shall not exceed 60 feet between horizontal or vertical offsets of two feet or more. Roof mount HVAC equipment shall be screened with durable material of a minimum 50% opacity. iii Orientation of windows and doors: Second story exterior doors, and second story windows having a sill height less than 6 feet above the finished floor shall not face an adjoining lot in a zoning district more restrictive than the R -O district. C. Sidewalks: A sidewalk shall be constructed along the entire Williams Drive frontage of the district where a serviceable sidewalk does not exist. Sidewalks shall be located in the street right-of-way approximately one foot from the property line, shall be connected to any serviceable sidewalk on adjacent property, and shall be designed and constructed in accordance with specifications approved by the Director of Public Works. d. Driveways: Minimum distance between driveways accessing Williams Drive within an R -O district shall be 150 feet. Minimum distance from any driveway to a street right-of-way intersecting Williams Drive shall be 200 feet. Driveways existing at the time of rezoning to R -O which do not conform to these distance requirements shall not be allowed to remain as non -conforming driveways. Any driveway accessing a street which intersects Williams Drive shall be placed as far as possible from the Williams Drive intersection. Maximum driveway width shall be 24 feet. Curb return radii shall be a minimum of 15 feet. Driveways shall have an all-weather surface approved by the Director of Public Works. e. Parking: Maintenance of the residential appearance of buildings in the R -O district is furthered by the retention of front lawns free of vehicle parking. One off-street parking space shall be provided for each 300 square feet of floor area of the principle structure. All off-street parking spaces shall be to the rear of the front yard, regardless of any required yard or building setback. All parking spaces between the projected front and rear building walls shall be screened from view from Williams Drive by a vegetative screen or fence or wall having a minimum height of 3 feet. Parking spaces on any lot without a principle structure shall be to the rear of a line connecting the fronts of adjacent buildings. All parking spaces shall have an all weather surface, either pervious or impervious, approved by the Director of Public Works. Parking spaces adjacent to required fencing and in conformance with buffer April 26,2000 30 CITY GF GEORGETOWN ZONING ORDINANCE requirements herein shall have curbing or wheel stops sufficient to prevent damage to such fence. f. Trees: Every tree of 36 inch or greater circumference shall be preserved. A tree of 16 inch to 36 inch circumference may be removed, provided that it is replaced on the same lot or an adjacent lot with a tree whose circumference is at least 40% as great as the tree removed, and whose species has similar characteristics of configuration and size at maturity as the tree removed. All trees' circumference shall be measured 4 feet above surrounding grade. No excavation or filling or paving shall be performed within 70% of the area within the drip line of any tree retained or installed to meet the requirements of this part, and 50% of the circumference of the drip line must be free of excavation, filling and impervious paving. g. Buffers: Visual screening shall be installed and maintained along all side and rear property lines adjoining a district more restrictive than the R -O district, in conformance with all other requirements of the Zoning Ordinance regarding fences and walls, except as otherwise provided herein. Visual screening shall consist of a permanent wall or fence six (6) feet in height. A screen wall shall be constructed of brick or brick -patterned reinforced concrete. A screen fence shall be constructed with posts and runners of pressure treated wood and face boards of redwood, cedar, or pressure treated wood, and may include rock or brick columns constructed on reinforced concrete foundation. Fence runners shall not face adjacent residential property. Evergreen landscape plants are recommended to give visual relief to required screen walls or fences. A minimum five foot landscaped buffer yard shall be maintained within the R -O district adjacent to all required screen walls or fences. h. Signs: Permanent signs in the R -O district shall be restricted to those advertising the use conducted on the premises. Internally and/or intermittently illuminated signs are prohibited. Temporary or portable commercial signs are prohibited. A maximum of two signs per lot shall be allowed, provided, however, that the total sign area shall be limited to thirty-two (32) square feet per one hundred (100) lineal feet of Williams Drive frontage. All signs shall be installed facing and parallel to Williams Drive. Signs shall be either: i attached to the principle structure below the building eaves; or ii installed on an earth berm a minimum of 20 feet from the Williams Drive right-of-way. Berm signs shall have a height of not more than three (3) feet from average surrounding grade. i. Accessory uses: Accessory uses shall be restricted to those uses which are compatible with the low intensity of Resident Office use and with adjacent 31 April 26, 2000 Crm of GF.ORGErowN ZONING ORDINANCE residential use. Waste containers shall be screened from view by a structure one foot greater in height than the container and capable of preventing the spread of blowing debris. ii Antennas: Antennas shall be prohibited in the front yard. Minimum required setback from any property line shall be equal to the height of the antenna. Antennas shall be similar in color to the principle structure if attached to the principle structure, or shall be screened from view from any street or any adjacent residence. iii Accessory buildings and carports shall be of similar construction to the principle structure. Lighting: No exterior lighting source shall cause offensive glare or reflection visible from a street or adjacent property. k. Drainage: Increased run-off resulting from conversion to Residential Office use shall be detained on-site or shall be diverted from adjacent property in conformance with stormwater drainage requirements of the Code of Ordinances of the City of Georgetown. I. Required yards: Minimum side yard shall be ten feet; Minimum rear yard shall be fifteen feet; Minimum front yard shall be twenty-five feet, provided, however, that front, side, or rear building setback lines which are shown on an approved and recorded plat and which are more restrictive than those herein shall be observed, and further provided that where adjacent buildings observe a front setback greater than that required herein, any building constructed after the effective date of this ordinance shall maintain a front setback equal to the average of the front setback of adjacent structures. In. Additional Requirements: Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists between the requirements in this sub -section, and the requirements in Parts 5 and 6 of this ordinance, the requirements in this sub -section shall prevail. [Section 2.1104 as shown amended by Ordinance # 2000-22 ] 2.1105 Site Plan Required a. An application for rezoning to R -O Residential Office shall be accompanied by a site plan indicating improvements proposed to conform with the Site Development Standards contained herein. The site April 26,2000 32 CrrY of GEGRGErowN ZONING ORDINANCE plan shall also indicate all existing trees of sixteen (16) inches or greater circumference, and all features, conditions and improvements which do not conform with the Site Development Standards contained herein and which are proposed to continue as non -conforming. Application and site plan shall be submitted on forms provided by and in accordance with guidelines set forth by the Director of Community Development and Planning. No application shall be forwarded to the Planning and Zoning Commission until all application and site plan submittal requirements have been met. b. Subsequent modifications to a site plan approved by the Planning and Zoning Commission and City Council shall require new approval by such Commission and Council. Further, any construction or reconstruction of improvements shall be in accordance with an approved site plan. Such approved site plan is necessary before a building permit or certificate of occupancy may be issued by the Building Inspector for the construction or reconstruction of improvements on such property subject to said zoning amendment. [Section 2.1105b shown as adopted by Ordinance 880014.00A.4 January 12, 1988] 2.1106 Procedures Except as provided herein the procedure to be followed in applications for rezoning to R -O District shall be in accordance with Chapter 14, "Amendments", of the City of Georgetown Zoning Ordinance, and such other procedural requirements of the City Zoning Ordinance now in existence or hereafter amended. [Section 2.11 shown as adopted by Ordinance #86-28] [Section 2.1106 as shown amended by Ordinance # 2000-22 ] Section 2.12 Agricultural District (A) 2.1201 Purpose and Intent: This district creates and preserves areas intended primarily for agricultural purposes. It is not intended that this district provide a lower standard of development than is authorized in other districts, but rather to require a standard of development that is reasonable and sufficient for the uses allowed in this district by providing zoning regulations for those properties located beyond the urban area. The types of uses, area, and land use intensity authorized in this classification are designed to encourage and protect both agricultural uses and nearby urban development. The district may also protect and provide open space buffers around those areas that are unsuitable for urban development due to physical constraints, such as topography and flooding, that are potential health, safety, or environmental hazards. 33 April 26, 2000 CrrY of GEGRGErowN ZONING ORDINANCE In general, the usage of land is restricted 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 occupations (refer to home occupation conditions in Section 2.0301[2] of the Zoning Ordinance). Residential use of temporary structures and vacation travel trailers is prohibited. 2. Churches, public parks, public buildings, and public utilities. 3. Golf courses, but not miniature golf courses or driving tees. 4. Artesian well, lake, boat docks, boat house, water supply, or reservoir. 5. Railroad right of way, tracks, bridges, water tanks, signals and other appurtenances, but not including railroad yards, classification tracks, storage tracks, passenger station, freight station, fuel oil tanks or maintenance facilities. 6. Activities related to the keeping of animals, including horse stables and the periodic occurrence of an auction, provided that auctions shall not occur more than two dates within any six month period, and except as regulated by Section 2.1202(B)(C) and (E). 7. Horticulture, aquaculture, row and field crops, dairying, pasturage, apiculture, viticulture and floriculture. 8. Personal or commercial animal breeding and development, subject to Section 2.1202c. B. Special Permit Uses: Special permit uses shall require a public hearing and favorable recommendation from the Planning and Zoning Commission and public hearings and the approval by City Council. Such public hearings shall be given in accordance with State law and Section 14 of the Zoning Ordinance. In review of prospective special permit uses, the Commission and Council may require a site plan to determine the effect of such proposed use upon adjacent properties and the City as a whole and impose conditions of ap- proval, relative to the public health, safety, and welfare. Transmitting towers and antennae for any radio or television broadcasting station (for receiving or relay). April 26,2000 34 Crrr of GEORGETOWN ZONING OnnwnnCE 2. Kennels and Veterinary services. 3. Farmers markets and noncommercial public or private recreation and entertainment generating site visitation, off-street parking, and potential impact on adjacent property. 4. Animal processing, packing, treating, and storage, provided that these activities are accessory and secondary to normal agricultural activities. 5. Signs not greater than 20 square feet in area, advertising on-site uses only, with the exception of real estate signs, which shall not exceed 32 square feet in area. Real estate signs may only advertise property on which the sign is located. Signs may not exceed a height of twenty (20) feet and may not be located within any required yard Signs shall not be illuminated or contain reflective features that may be activated by ve- hicles nor contain features that create motion, such as, but not limited to streamers and hanging disks that are designed to be activated by the wind. 6. The retail sale of products produced on site, including fire wood, if harvested on the site. Childcare facilities. 8. Cemetery (in accordance with state law). 9. Airport or heliport. 10. Drilling for oil or natural gas or the extraction of sand, gravel or minerals; provided that the operation is conducted in accordance with all applicable municipal and state laws and regulations. 11. Greenhouses and nurseries not engaged in retail trade, other than that associated with permitted home occupation uses. C. Conditional Use: Upon the written verification to the Division of Development and Planning that hogs will not be located within 200 feet of any property line, the keeping of hogs shall be permitted. D. Accessory Buildings and Uses: General accessory uses and structures shall be permitted in accordance with Section 8 of the Zoning Ordinance. Structures shall include, but not be limited to barns, silos, garages, and sheds. E. Prohibited Uses: The following uses shall not be permitted within this zoning district: commercial feed lots, animal waste processing, the packing or 35 April 26, 2000 Crry of GEORGETOWN ZONING ORDINANCE processing of products, commercial repair garages, and sanitary landfills. The aforementioned uses shall be deemed industrial and not agricultural uses. The establishment of an auction/auction yard business shall be considered commercial and is hereby prohibited in the A zoning district. 2.1203 Development Regulations A. Minimum Lot Size and Intensity of Use: There shall be a lot area of not less than five (5) acres except where a lot has less area than herein required due to the annexation of only a portion of the total amount of property held by any given property owner. Where a lot or tract has less than the required lot area of five acres and that lot was landlocked by other property owners on the effective date of this ordinance, the property may only be used in accordance with the RE zoning district regulations (Section 2.13). B. Minimum Lot Width: 200 feet, measured at the required front building line. C. Minimum Lot Depth: 150 feet from front and rear property lines. D. Height: No structure shall exceed 35 feet or two and one-half stories in height, whichever is less. E. Required Front Yard: 50 feet, measured from the front property line. When a site has double frontage, 50 foot front yards shall be required on both streets. F. Required Side and Rear Yards: 25 feet. G. Off -Street Parking: Shall be required in accordance with Section 7.1 of the Zoning Ordinance. H. Lot Coverage: Primary and accessory structures shall not cover more than 30% of the lot (tract) area. I. Additional Requirements: Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists between the requirements in this sub -section, and the requirements in Parts 5 and 6 of this ordinance, the requirements in this sub -section shall prevail. [Section 2.1203 as shown amended by Ordinance # 2000-22 ] April 26,2000 36 CITY OF GEGRGErowN ZONING ORDINANCE Section 2.13 Residential Estate District (RE) 2.1301 Purpose and Intent: This district provides single family residential housing consistent with the character and atmosphere typically found within the suburban residential areas of the City. Special attention shall be given to overall design and location of lots within this district to assure provision of open space and to maintain the area free from more intensive land uses when the district has been established and is developed. 2.1302 Use Regulations: A building or premises shall be used only for the following purposes: A. Permitted Uses: Single family residence and home occupations (refer to home occupation conditions in Section 2.0301[2] of the Zoning Ordinance). Residential use of temporary structures, mobile homes and vacation travel trailers is prohibited. 2. Churches, public parks, public buildings, and public utilities 3. Golf courses, but not miniature golf courses or driving tees. 4. Artesian well, lake, boat docks, boat house, water supply, or reservoir. 5. Noncommercial recreation provided by a homeowners' association. 6. Railroad right of way, tracks, bridges, water tanks, signals and other appurtenances, but not including railroad yards, classification tracks, storage tracks, passenger station, freight station, fuel oil tanks or maintenance facilities. B. Special Permit Uses: Special permit uses designated in Section 3.1 of the Zoning Ordinance for the RS zoning district shall be permitted in the RE district in accordance with the provisions of said Section 3.1. C. Conditional Uses: Upon written verification to the Division of Development and Planning that the following conditions will be complied with, personal animal raising of small animals, poultry, horses, cows, sheep, swine, and goats shall be permitted: 1. Horses, cows, sheep, goats, and swine shall be permitted on lots and parcels having a minimum size of one acre or greater. No more than a total of two of any of the above said animals, or any combination of the 37 April 26, 2000 Crry of GEowFTowN ZONING ORDINANCE above said animals totaling two, shall be permitted per acre of lot. An additional animal (from the above list) shall be permitted for each one-half acre greater than the one acre minimum. 2. Poultry, rabbits, and other small animals may be raised for personal consumption in accordance with the City Code. 3. Swine shall be permitted provided that requirements in Section 2.1302cl 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 accordance with Section 8 of the Zoning Ordinance. 2.1303 Development Regulations A. Minimum Lot Size and Intensity of Use: There shall be a lot area of not less than one acre. B. Minimum Lot Width: 100 feet, measured at the required front building line, except when a lot fronts on a cul-de-sac, the lot must have a minimum width of 60 feet at the front yard setback line and a minimum width of 100 feet at all points 100 feet or more behind the front lot line. C. Minimum Lot Depth: 125 feet from front and rear property lines. D. Height: No building shall exceed 35 feet or two and one-half stories in height. E. Required Front Yard: 40 feet, measured from the front property line. F. Required Exterior Side Yard (Side yard Adjacent to Street): 25 feet. G. Required Interior Side Yard (Non-streetside side yards): 10 feet. H. Required Rear Yard: 20 feet. I. Building Coverage: Maximum coverage of 25% of the lot area or 10,000 square feet, whichever is less. J. Impervious Coverage: Maximum coverage of 30% of the lot area. K. Off -Street Parking: Shall be require in accordance with Section 7.1 of the April 26,2000 38 CITY OF GF.ORGErowN ZONING ORDINANCE Zoning Ordinance. L. Additional Requirements: Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists between the requirements in this sub -section, and the requirements in Parts 5 and 6 of this ordinance, the requirements in this sub -section shall prevail. [Section 2.12 and 2.13 shown as adopted by Ordinance #870473.00A] [Section 2.1303 as shown amended by Ordinance # 2000-22 ] Section 2.14 Residential Manufactured Home (R -Ml) 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: Manufactured Home Park, with all attendant services and facilities. 2. Single Family residences on individual lots, both site built and manufactured. 3. All other uses permitted in the R -S district. B. Conditional Uses Mobile homes, as defined in Section 18 of this ordinance, are prohibited from being located within a Manufactured Home Park or on an individual single family residential lot unless the City Council agrees to the relocation of a unit that was legally located within the City limits prior to the adoption of this ordinance. C. Accessory Buildings and Uses: General accessory structures and uses shall be permitted in accordance with Section 8 of the Zoning Ordinance. 2.1403 Development Regulations A. The following are minimum development standards for a Manufactured Home Park parcel: 1) Parcel requirements: a.) Minimum size: 5 acres b) Minimum width: 100 feet c) Minimum depth: 120 feet d) Building setbacks:Front - 25 feet 39 April 26, 2000 CITY OF GEORGETOWN ZONING ORDINANCE Side - 15 feet Rear - 20 feet e) Coverage: Up to 50% impervious coverage Up to 35% building coverage 2) The following are minimum development standards for a Manufactured Home Park individual lease space: a) Minimum size: However, all setbacks and other development requirements must be met. b) Minimum width: No minimum c) Minimum depth: No minimum d) Building setbacks: Front - 25 feet Side - 15 feet total building separation, zero -lot line arrangement permitted. Rear - 20 feet 3) Parking: 2 spaces per dwelling unit. Must meet all requirement of Section 7 of this Ordinance. 4) Additional Requirements: Additional applicable development requirements in Parts 5 and 6 of this ordinance shall be provided. Where a conflict exists between the requirements in this sub -section, and the requirements in Parts 5 and 6 of this ordinance, the requirements in this sub -section shall prevail. 5) Building Height: Shall not exceed 40 feet or three (3) stories. B. The following conditions also apply to development of a Manufactured Home Park: 1) A Detailed Development Plan, as defined by the Subdivision Regulations and meeting all of the development criteria of that ordinance, must be reviewed by the Planning and Zoning Commission and approved by the City Council. 2) Installation of a manufactured home must meet the manufacturers recommended installation requirements and must be performed by a State licensed installer. If those requirements cannot be obtained, installation must meet the State standards. Every effort shall be made to minimize the distance between the home and the ground, providing for only the minimum crawl space necessary to access the undercarriage of the unit. State inspection of the installation must be made. In addition, the property owner shall cause an inspection of the installation in accordance with the City Building Code to be made by the City Building Official prior to habitation of the housing unit. 3) Skirting or underpinning of the manufactured home unit is required to be of durable material that is complementary to the manufactured home unit. The April 26,2000 40 Crry of GEGRGErowN ZONING ORDINANCE property owner must ensure that any screening device is kept in good repair and condition for the life of the use. 4) Manufactured homes within parks must be individually metered for usage of City of Georgetown water. 5) All streets within the park must be constructed to public standards within a dedicated public right-of-way with the exception that a minimum pavement area of 28 feet curb face to curb face is permitted. 6) The location of any park must be a minimum of 500 feet from the IH -35 right-of- way. The City Council may choose to waive this requirement if they approve a Detailed Development Plan of an expansion of an existing park that is located within this area. 7) Any expansion of an existing mobile home park or manufactured home park must meet the standards for a new manufactured home park, however any existing park not meeting these design criteria may continue operation provided the criteria of Chapter 4 of this ordinance continues to be met. [Section 2.14 as shown amended by Ordinance 98-10] [Section 2.14 as shown amended by Ordinance # 2000-22 ] 41 April 26, 2000 CITY OF GEORGErowN ZONING ORDINANCE PART THREE: SPECIAL PERMITS AND RESTRICTED USES Section 3.1 Certain Uses May Be Located By Special Permit 3.101 Uses listed in 3.102 may locate in certain districts under certain conditions by a special permit granted by the City Council after a report and recommendation by the City Planning and Zoning Commission. After receiving an application for permit, the City Planning and Zoning Commission and the City Council, jointly, shall hold a public hearing to determine the effect of such proposed use upon the neighborhood character, traffic, public utilities, public health, public safety and general welfare. Such public hearing shall be given in accordance with State Statutes and the section of this Ordinance regulating the rezoning of property. 3.102 Uses for which special permits may be secured, conditions that must be observed, and district in which use may be allowed are: Use Nursery, pre -kindergarten, kindergarten, other private schools and child care facilities located at churches and schools Specific Conditions The Planning & Zoning Commission must find that sufficient buffering separates the use from nearby residences and that the site development meets the spirit and intent of design standards for similar facilities Greenhouses & Nurseries not As prescribed by the City Planning & primarily engaged in retail trade Zoning Commission Heliport & Airport Must have prior approval of Civil Aeronautics Administration Districts Any Any Any Open Kennels As prescribed by the City Planning & Zoning Any except Commission R -S & R -P Convalescent or Rest Homes As prescribed by the City Planning & Zoning Any Commission Trailer or Mobile Home Parks As prescribed by the City Planning & Zoning C -2A & Commission C -2B Drive-in Theatres Must be approved by State Highway C-1 Department when on or near a State Highway and as prescribed by the City Planning & Zoning Commission April 26,2000 42 Use Two-family Dwellings Specific Conditions CITY of GEoRGEfowN ZONING ORDINANCE District Will not adversely affect or alter character R -S of existing single-family uses in immediate area. The lots comprising not less than forty (40) percent of the frontage of the block face where the two-family dwelling or dwellings are proposed and of the block face opposite thereto are vacant Clubs, Lodges, Fraternities & As prescribed by the City Planning & R -S & R -P Sororities where the chief activity Zoning Commission is not a business Sand & Gravel Pits As prescribed by the City Planning & • Any Zoning Commission Section 3.2 Certain Uses Are Subject To Restrictions 3.201 The following uses are permitted, subject to the stated restrictions A. Child Care Facilities: Child care facilities are permitted subject to state regulations and the restrictions in this section. The owner of a child care facility required to be registered with the state shall register the facility annually with the City. City registration shall also include providing evidence of state registration and certifying that all State and local requirements are being met at the facility. City registration shall expire if regulated child care in conformance with these regulations is not conducted at the registered site within six months of local registration. Child care facilities in RS, RM -1, RO, RE and A zoning districts may only operate between the hours of 6 a.m. and 7 p.m. Child care facilities in RM -2 and RM -3 zoning districts may only operate between the hours of 6 am. and 10 p.m. The hours of operation for child care facilities in C-1, C -2A, C -2B and I zoning districts are not limited. All child care facilities shall provide at least as much outdoor play area and indoor activity space per child as required by the state for licensed day care centers. All outdoor play areas shall be located behind front building lines and a 6 ft. tall opaque screen shall be provided to screen abutting property that is zoned RS at the time the child care facility is established. 1. Home child care a. Number of children: The number of children cared for in a home child care facility shall comply with the state regulations for registered family 43 April 26, 2000 CRY of GEORGETOWN ZONING ORDINANCE homes. b. Number of employees: A home care facility shall employ only residents of the premises, including all paid and unpaid care providers. C. Separation: Home care facilities located in RS districts shall be separated from other child care facilities in that district by not less than 600 feet. Separation is defined as the distance, measured in a straight line, from the nearest property line of the proposed facility to the nearest property line of an existing facility within a continuous RS district. Upon the recommendation of the Commission, the Council may grant exceptions to this rule upon finding that such exceptions do not contribute to the proliferation of child care facilities within a neighborhood. Said findings may be based on the separation of facilities by features that tend to demark the edge of a neighborhood, including but not limited to major roads, rivers, zoning districts and railroad rights-of-way. d. Signs: In RS, RM -1, A and RE districts, home child care facility signs are limited to the sign area allowed for home occupations. e. Off-street parking: Two off-street parking spaces are required for home child care facilities. 2. Intermediate child care a. Number of children: The number of children cared for in an intermediate child care facility shall comply with the state regulations for group day care homes. b. Number of non-resident employees: A maximum of 2 non-resident employees may work at an intermediate care facility. C. Signage shall be in accordance with the regulations for the district in which the facility is located. d. Off-street parking and loading: Four off-street parking spaces and a paved, off-street drive-through loading zone with a minimum width of ten (10) feet and a holding capacity of at least three 18 ft. long vehicles, exclusive of parking spaces, shall be provided for each intermediate child care facility. 3. Day Care Centers a. Number of children: The number of children cared for in a day care center shall comply with the state regulations for day care centers. b. Off-street parking and loading: Day care centers shall provide two off- street parking spaces plus on off-street parking space for every 500 sq. ft. of heated area in the facility. Loading zones must be off-street, drive- through and paved to a minimum width of ten feet and a maximum width of 20 feet. Loading zones shall have a holding capacity of one vehicle per 500 square feet of heated area in the facility, exclusive of parking spaces, provided that no facility shall be required to have a loading zone with a capacity in excess of six spaces for 18 ft. long April 26,2000 44 CITY OF GEORGETowN ZONING ORDINANCE vehicles. B. Model Homes: As used herein, a Model Home is defined as a single family or duplex housing unit typical of the style available for sale in a particular subdivision, but used for display or sales of new residences. The following conditions must be met before the Model Home use will be permitted: 1. A Model Home may be located within any zoning district provided it is located within the legal subdivision for which lots are being sold. In addition, the business occupying the Model Home shall only market homes within the legal subdivision in which the Model Home is located (For example, a Model Home built in New Subdivision, Phase I cannot market homes located in New Subdivision, Phase 11 or in Other Subdivision, Phase I, etc.) The following exceptions to Section No. 1 shall apply: a. The City may extend the permit for a model home which has been constructed to market one phase of a phased development to market new phases of the same development when this results in no increase in the total number of model homes within all of the phases and is less intrusive to the developing neighborhood by maintaining the most direct access to the model home from outside of the neighborhood; b. A permitted model home in one legal subdivision where a builder is actively marketing lots may be used to market lots in another legal subdivision if the builder has no model in the second subdivision and when such sales are clearly secondary, as demonstrated through signs and advertisements, to the marketing of lots within the subdivision in which the model is located; C. A model home constructed to market one legal subdivision may be granted a transitional permit to market a new legal subdivision for the period during which a new model home is being constructed in the new legal subdivision. Such transitional permit shall be valid for a period not to exceed six months. 2. A conditional Certificate of Occupancy permit to operate the Model Home as a sales office will expire after 12 months unless it is renewed by the respective business, upon which the burden shall lie to demonstrate that the conditions of approval still exist. The Building Official will then evaluate the renewal request and determine its status. An unlimited number of extensions can be applied for and considered. 3. Construction of the Model Home must be consistent with the character of the subject neighborhood. Signage must comply with the Sign Regulations for the Zoning District in which the Model Home is located. 4. Operation of the Model Home must comply with the City Municipal Code 45 April 26, 2000 CrrY of GEoRGErowN ZONING ORDINANCE with regard to noise nuisance. Any lighting should operate such that it does not create a nuisance to neighboring residences or create a traffic hazard. 5. A conditional construction permit for the Model Home may be issued once the streets to the subdivision have been constructed to sub -grade and water service and a fire hydrant are located within 500 feet of the lot on which the Model Home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The conditional Certificate of Occupancy for the Model Home will not be issued until the subdivision and all public improvements have been accepted by the City, a final plat has been filed with the County and all utilities are connected to the home. 6. The Model Home must be constructed in such a manner that it can be converted, without structural changes, and used as a single family or duplex (if applicable) residence after its use as a Model Home has ceased. This includes the provision of adequate off-street parking outside the front building line. 7. There is no restriction on the number of Model Homes permitted in each subdivision. 8. A temporary building for use as a sales office is permitted on a 12 month basis, subject to the renewal policy outlined for Model Homes, only if a model home has not been constructed. Once a Model Home has been constructed, the temporary building must be removed. 9. If the operation of the Model Home or temporary building used as a sales office violates any of these or other City Ordinances, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved. C. Construction Oversight Offices: As used herein, a Construction Oversight Office is defined as a temporary building used for the oversight of construction of new structures within the subdivision in which the Construction Oversight Office is located. The following conditions must be met before the Construction Oversight Office use will be permitted: A temporary building for use as a construction oversight office is permitted on a 12 month basis, subject to the renewal policy outlined for Model Homes. One construction oversight temporary building shall be allowed for each builder in a subdivision in which that builder has the authority to construct structures. 2. If the operation of the temporary building used as a construction oversight April 26,2000 46 CITY of GF.ORGEfowN ZONING ORDINANCE office violates any City Ordinances, the Certificate of Occupancy shall be revoked, unless satisfactory compliance is achieved. [Sections 3.201.B and 3.201.0 shown as adopted by Ordinance #96-071 47 April 26, 2000 CITY of GEoROErowN ZONING ORDINANCE PART THREE A: SPECIAL PERMITS AND RESTRICTED USES CONCERNING WIRELESS COMMUNICATION FACILITIES Section 3A.1 Definitions Only for the purpose of this part of the Zoning Ordinance, the following words and phrases shall have the meaning ascribed to them as follows: A. Alteration means any modification, replacement, or reconstruction that materially increases the Height or the dimension of a Tower structure. B. Antenna means any device used to collect or radiate radio waves, microwaves, or electromagnetic waves. An antenna could include directional or panel antennas, ancillary antenna, parabolic or panel dishes, omni- directional antennas such as whips, and other similar transmitting or receiving equipment intended for commercial use. C. Back haul means to transmit data/signals through a wire line, microwave or other interconnection from the Antenna to the wire -line local exchange telephone loop. D. Calendar day means any day including Saturday, Sunday, and scheduled holiday designated by City Council. E. Collocation means the use of a single support structure by more than one wireless communication service provider. F. Communication tower (Tower) means any fixed, free standing, uninhabitable structure, not a shelter, built primarily to support Antennas or other associated hardware. Communication towers include, but are not limited to the following: Lattice towers which are self-supporting structures consisting of a network of crossed metal braces, forming a Tower which is usually triangular or square in cross section; or 2. Monopoles which are self-supporting structures consisting of a single pole sunk into the ground and/or attached to a permanent foundation. (Towers that are supported, in whole or in part, by guy wires and ground anchors are not allowed in the City). G. Director means the Director of Development Services for the City of April 26,2000 48 CITY OF GEORGETOWN ZONING ORDINANCE Georgetown, Texas, or his or her designated representative. H. Electric substation and electric substation structure means all enclosed property and structures within any electric public utility substation. I. Equipment enclosure is defined as a small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning and emergency generators. J. Existing nonresidential structure is any existing nonresidential structure, such as a water tower, commercial building or electric utility tower to which an Antenna may be attached. K. Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building or structure and a line five (5) feet from the building or structure. L. Height of building or structure means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above the lowest Grade; or 2. An elevation ten (10) feet higher than the lowest Grade when the sidewalk or ground surface described in item (1) above is more than ten (10) feet above lowest Grade. The Height of a stepped or terraced building is the maximum Height of any segment of the building. M. Height of a wireless communication facility (Height) means the vertical distance between the finished Grade at the base of the WCF or tower or the lowest point of contact with the building, and the highest point of the WCF structure, including the Antennas. N. Historic district, structure or site is defined as any district, structure or site designated as historic by any lawfully authorized local, state or federal historic preservation entity or governmental entity, including the City. 49 April 26, 2000 C,7TY OF GEORGETOWN ZONING ORDINANCE O. Residential structure means any structure that is at least 50% built, designed, or altered to provide living accommodations and at least 50% of the building's intended use is residential. P. Residentially zoned Property is any piece of real estate located within any of the following districts: Agricultural, Residential Estate, Single Family, Multi -Family, Dense Multi -Family, Residential Planned, and Residential Office Districts. For purposes of this section of the zoning ordinance, residentially zoned properties are excluded from this definition, if such properties are solely developed for streets and related right-of-way uses. Q. Wireless communication facility (WCF) means an unstaffed facility for the transmission and reception of radio, microwave or electromagnetic signals used for commercial communication by a wireless communication service provider. WCFs are composed of one or more of the following components: 1. Antenna; 2. Equipment Enclosure; 3. Security barrier; and/or 4. Communication Tower. R. Wireless communication service Provider (Service Providers) means any company, corporation, alliance, individual or other legal entity that provides a wireless communication service directly to the public for a fee or to such classes of users as to be effectively available directly to the public regardless of the facilities used. Services include, but not limited to, portable phones, car phones, pagers, digital data transmission, or radio or television communication. Section 3A.2 Locations on and in the vicinity of the San Gabriel River and Interstate Highway 35 Corridors or Historic Districts, Structures, and Sites To protect the City's natural beauty and historic character: A. WCFs with Towers may not be built within a one-half (2) mile or 2,640 foot radius measured from the property line of the Williamson County Courthouse located at 710 Main Street at the center of Georgetown's historic square. B. WCFs with Towers may not be built within a five hundred (500) foot radius of any district, structure or site designated Historic by any other lawfully authorized local, state or federal historic preservation agency or entity by law, including the City. C. WCFs may not locate on existing structures designated as Historic. D. WCFs with Towers may not locate within five hundred (500) feet of the April 26,2000 50 CITY OF GEORGErowN ZONING ORDINANCE centerline of the San Gabriel River. E. WCFs with Towers may not locate within five hundred (500) feet of the Interstate Highway 35 right-of-way. The restrictions of this section apply to all areas within the City limits except for properties and structures owned by the City of Georgetown. Location of a WCF on a municipally -owned property or facility is subject to approval by the City Council. Section 3A.3 Locations and Limitations for WCFs without Special Use Permits A. WCFs with Towers may locate, without a Special Use Permit, within Industrial Districts if the Tower Height does not exceed one hundred twenty (120) feet. B. WCFs with Towers may locate, without a Special Use Permit, within Commercial -Second Height and Commercial -First Height Districts if the Tower Height does not exceed forty (40) feet. C. WCFs may locate, without a Special Use Permit, on the roof of any nonresidential and non -historic building, within any zoning district, provided the WCF does not exceed, by ten feet, the lesser of the Height of the Building or Structure or the Height limits of the district in which it is located. D. WCFs may mount, without a Special Use Permit, on the exterior of any nonresidential and non -historic building, within any zoning district, provided the Antenna or Antenna support structure or equipment: 1. Is mounted flush with the exterior of the building or that it projects no more than 24 inches from the surface of the building to which it is attached and does not exceed Height restrictions established in this part of the Zoning Ordinance and that said projection is at least 15 feet above Grade; and 2. Is textured and colored so as to blend with the surrounding surface of the building. E. WCFs are allowed, without a Special Use Permit, on existing towers or tanks, utility, lighting standard, sign support or other appropriate structures provided that the Antennas or related equipment or structures do not exceed, by ten (10) feet, the lesser of the Height of the Structure or the Height limits of the highest permitted structure in the district in which it is located. F. WCF Towers are allowed within any Electric Substation, within any zoning district, provided that the Antennas or related equipment or structures do not exceed, by ten (10) feet, the lesser of the Height of the Structure or the 51 April 26, 2000 C,nY OF GEORGETOWN ZONING ORDINANCE Height limits of the highest permitted structure in the district in which it is located. G. WCFs, with or without Towers, are allowed on municipally -owned properties and structures subject to approval of a lease by the City Council specifying WCF location, design, and other restrictions. WCFs may locate in the areas mentioned in items A -F within this section provided they comply with all other standards regarding Height requirements; Collocation; Historic Districts, Structures or Sites; Residential Structures; Residentially Zoned Property; setbacks and site development and submittal requirements of the Zoning Ordinance. To locate within or on an area related to item G, the applicant must first receive approval from the City Council. Section 3A.4 Locations and Limitations for WCF Towers with a Special Use Permit WCFs with Tower Heights that exceed one hundred twenty (120) feet shall be allowed within Industrial Districts by a Special Use Permit only. WCFs may locate, with a Special Use Permit, within the districts mentioned within this section provided they comply with all other standards regarding Height requirements; Collocation; Historic Districts, Structures or Sites; Residential Structures; Residentially Zoned Property; setbacks and site development and submittal requirements of the Zoning Ordinance. Section 3A.5 Collocation A. To minimize the number of WCFs to be sited, applicants should cooperate with other Service Providers in Collocating additional Antennas on existing Towers and/or structures to the extent that Collocation is reasonably economical and technically feasible. An applicant should exercise good faith in Collocating with other providers and sharing the permitted site. Such good faith shall include sharing technical information to evaluate the feasibility of Collocation. B. Service providers should, to the maximum extent feasible, promote Collocation of Antennas by multiple providers through the use of nonexclusive agreements for Antenna sites, relocation and reconfiguration of Antennas to accommodate additional users, utilization of current technology to maximize Antenna separation and minimize Antenna/Tower Height and obtrusiveness, and ensure building support structures are of sufficient strength. C. The City encourages that each WCF Tower be constructed in such a way that April 26,2000 52 G7rY of GF.ORGErowN ZONING ORDINANCE the structure can support additional Antenna systems having the same or similar wind and weight loading characteristics of those that are proposed by applicant. Tower space on existing WCF Towers should be provided on a reasonable, proportioned cost basis to other Service Providers who seek use of the structure, unless it would result in the creation of a level of radio frequency interference which would degrade applicant's services. Section 3A.6 Setback Distance Requirements of WCF Towers from Residential Structures and Residentially Zoned Properties A. No permit for a Tower shall be approved or issued unless the proposed WCF is in compliance with the applicable provisions governing setback distance requirements, which are as follows: Monopole Towers: The distance between the base of a single Monopole, and all Residential Structures or Residentially Zoned Property must not be less than: a. the Height of Tower for structures under sixty (60) feet; b. one and one-half (1-1/2) times the Height of the WCF structure if the Height of that WCF structure is over sixty (60) feet, but not over ninety (90) feet; C. two (2) times the Height of the WCF structure if the Height of that WCF structure is over ninety (90) feet, but not over one hundred five (105) feet; d. two and one-half (2-1/2) times the Height of the WCF structure if the Height of that WCF structure is over one hundred five (105) feet, but not over one hundred twenty (120) feet; or e. three (3) times the Height of the WCF structure if the Height of that WCF structure is over one hundred twenty (120) feet. B. All distance measurements referred to in this section shall be the distance of a straight horizontal line from the center of the base of the WCF to the center of the residential lot minus fifty (50) feet or the closest residential property line, whichever results in the greatest distance from the WCF and the nearest outer wall of a Residential Structure or Residentially Zoned Property Line. C. Safety issues will be fully addressed by applicants for a WCF siting. WCFs should be located in such a manner that if the structure should fall along its longest dimension it will remain within the owned or leased property boundaries of the Service Provider and will avoid structures, public streets, and utility lines. If a proposed WCF has a potential for affecting a nearby property or structure upon collapse or scattering of equipment debris, the situation must be addressed by applicant. 53 April 26, 2000 Crn of GEGRGE7owN ZONING ORDINANCE D. Property uses and distances referred to in this section shall be determined as of the date and time that the completed WCF permit application is filed. E. Equipment enclosures shall be set back from the property line according to the applicable regulations. Section 3A.7 Fencing Requirements A. The base of a WCF with a Tower, including all mechanical equipment and accessory structures, must be completely enclosed by a fence, wall, or barrier which limits climbing access to such WCF and any supporting systems, lines, wires, buildings or other structures. The base must be fully screened from view of Residential Structures, Residentially Zoned Properties, or public roadways by a substantially opaque screening fence designed and built to provide privacy. B. The fence shall be a minimum height of eight (8) feet and consistent in color and character to surrounding structures and properties. C. The fencing shall have no openings, holes, or gaps larger than four (4) inches measured in any direction. D. The fencing may contain gates or doors allowing access to the WCF and accessory structures for maintenance purposes; such gates or doors shall be kept completely closed and locked except for maintenance purposes and shall be located so that all gates and doors do not intrude into the public right-of-way. E. The requirements of this section do not apply to: 1. WCFs located on buildings or structures that are not designed or built primarily to support WCFs, provided that the general public has no physical access to the WCFs and adequate safety measures are taken to prevent access by unauthorized people; 2. legally existing WCFs having security fences at least six (6) feet in height and 3. WCFs with Towers that are sufficiently camouflaged or disguised such that the City determines that a security fence is unnecessary and/or would cause the Tower to be unnecessarily more obtrusive. Section 3A.8 Maintenance and Inspection A. The owner or operator of a WCF shall be responsible for the maintenance of the WCF and shall maintain all buildings, structures, supporting struc- April 26,2000 54 airy OF GFARGETowN ZONING ORDINANCE tures, wires, fences, or ground areas used in connection with a WCF in a safe condition and in good working order, as required by city building, fire, or any other applicable codes, regulations or ordinances or to standards that may be imposed by the City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, landscaping, fencing, Equipment Enclosure, and structural integrity. If the City finds that the WCF is not being properly maintained, the city will notify the owner of the WCF of the problem. If the applicant fails to correct the problem within thirty (30) days after being notified, the City may undertake maintenance at the expense of the applicant or revoke the permit, at its sole option. B. By applying for a WCF permit under this article, the applicant specifically grants permission to the City, its duly authorized agents, officials, and employees, to enter upon the property for which a permit is sought, after first providing a reasonable attempt to notify a person designated by the applicant, except in the event of an emergency, for the purpose of making all inspections required or authorized to be made under this part of the Zoning Ordinance. The City may require periodic inspections of WCFs to ensure structural integrity and other code compliance. Based upon the result of an inspection, the City may require repair or removal of a WCF. Section 3A.9 Radio Frequency Standards A. The applicant shall comply with federal standards for radio frequency emissions and must submit a signed statement that the proposed site fully complies with federal standards for radio frequency emissions. The City reserves the right to request that the applicant submit a sealed report from a registered radio frequency engineer which provides the estimated cumulative field measurements of radio frequency emissions of all Antennas installed at the subject site and compares the results with established federal standards. Said report shall be subject to review and approval by the City for consistency with federal standards. If on review the City finds that the proposed or established WCF does not meet federal standards, the City may deny or revoke the permit, whichever is applicable at the time. B. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts, or other legally existing WCFs. If on review the City finds that the WCF will interfere with such reception, it may deny the permit. If such interference occurs after the permit is issued and the problem is not corrected within sixty (60) days, the City may revoke or modify the permit. 55 April 26, 2000 CITY of GRORGmwN ZONING ORDINANCE Section 3A.10 Site Development Standards and Submittal Requirements A. WCFs shall conform to the following site development standards: All Towers must be of Monopole construction and be as least obtrusive as possible. At a minimum, antennas must be flush with the tower; 2. To minimize potential safety hazards, WCFs with Towers shall be setback from Residential Structures or Residentially Zoned Property lines as required in Section 6; 3. All lots, on which WCFs are located, must have access to a public right-of-way accepted by the appropriate governmental agency. 4. WCFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: a. Use existing site features to screen as much of the total WCF as possible from public view; b. Use existing site features as a background so that the total WCF blends into the background with increased sight distances; and C. To the degree technically feasible, locate on a portion of the site that is effectively isolated from view of residential areas by structures or terrain features unless the WCFs are integrated or act as an architectural element of the structure such as a flag pole or parking lot light or are effectively screened through installed landscaping or other acceptable screening. 5. WCFs with Towers viewable from a Residential Structure, Residentially Zoned Property or public roadway shall be landscaped along the perimeter of the WCF fencing. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements. The installed landscaping requirements include: a. A row of shade trees a minimum of one (1") inch caliber shall be planted around the perimeter of the fence with a maximum spacing of 10 feet; b. A continuous hedge of one gallon sized (minimal) evergreens shall be planted along the perimeter of the WCF; and April 26,2000 56 C7rY of GEORGETOWN ZONING ORDINANCE c. All landscaping shall be drought -resistant or irrigated and properly maintained to ensure good health and viability. The City may waive landscaping requirements if the design of the WCF Tower is such that landscaping would cause the Tower to be more obtrusive, if the Tower is integrated or acts as an architectural element of a structure such as a flag pole, parking lot light, bell tower, or other similar structure and/or the City determines landscaping to be unnecessary. 6. WCFs with Towers shall conform to the fence standards established in Section 7 of this part of the Zoning Ordinance. Equipment Enclosures of a WCF, which may be seen from a Residential Structure, Residentially Zoned Property or public roadway, is encouraged to be located underground, if site conditions permit. If the Equipment Enclosure is not put underground, then it must be within the building in which the Antenna is mounted or in a separate Equipment Enclosure which matches the existing building or surrounding structures in character and building materials. 8. All signs, flags, lights, and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited on any WCF; 9. Applicant shall identify to the City any structures in the vicinity which the applicant investigated for possible use that have not been addressed otherwise in the application. B. All Service Providers wishing to operate a WCF shall ensure and submit documentation demonstrating: That the Tower will be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards particularly as apply to the Georgetown Municipal Airport; 2. That all Back Haul providers are identified and have all the necessary approvals to operate as such, including holding necessary franchises, permits, and certificates; 3. A notarized statement signed by the WCF Tower operator, the Tower owner and the landowner that indicates: 57 April 26, 2000 CrrY of GEGRGETowN ZONING ORDINANCE a. The extent to which all agree to allow Collocation of additional WCF equipment by other Service Providers on the applicant's structure or within the same site location on a reasonable and non-discriminatory basis; b. An understanding of Section 8 of this part of the Zoning Ordinance relating to Maintenance and Inspections. C. An understanding that if the service provider fails to remove the WCF upon sixty (60) days of its discontinued use, the responsibility for removal falls upon the landowner, and in the event the WCF is not removed within another sixty (60) days, the City may remove the WCF and recover the costs associated with such removal from the landowner and place a lien on the property until such costs are paid. Service Providers shall submit updated notarized statements as required above whenever ownership or operators change. 4. A certification and sealed report from a registered professional engineer stating that all structural components of the WCF comply with all applicable codes and regulations. In the case of WCF Towers, the report should further note the extent to which the Tower is designed and/or built to accommodate Collocation. C. Service Providers wishing to establish a WCF shall: Secure all necessary approvals and permits needed to operate or construct a WCF within the City, 2. Fully and accurately complete a questionnaire supplied by the City, 3. Comply with all ordinances of the City; 4. Pay all related development and permit application fees; 5. Reimburse the City for actual costs incurred by the City for radio frequency evaluations, structural engineering reviews and/or any other services that the City may deem necessary to review and process the application; and 6. Provide the City with: a. A master Antenna plan, including detailed maps: (i) Showing the precise locations and characteristics of the April 26,2000 58 C.1ry of GEORGETOWN ZONING ORDINANCE proposed and all existing WCFs in the City and in its extraterritorial jurisdiction (ETJ); (ii) Indicating coverage areas of the proposed and existing sites within the City and its ETJ; and (iii) Showing topography of proposed site. Updates of the above documents shall be filed with the City as they become available; b. Photo simulations of the proposed WCF from varying points and distances, including affected residential properties and public rights-of-way. The photo simulation shall also include a diagram or map indicating points from where the photo simulations are taken; and C. Site and landscaping plans indicating: (i) The specific placement of the WCF and all related structures on the site; (ii) The location of existing trees, and other significant site features; (iii) The type and location of landscaping proposed for screening; (iv) The color(s) for the WCF; and (v) Architectural and structural drawings for the proposed site. Section 3A.11 Notice Requirements for a WCF Permit A. The notice requirements of this section apply only to applications for which a public hearing is required and if the proposed WCF Tower is within two hundred feet (200) or a distance equal to twice the Height of the proposed WCF, whichever is greater, of a Residential Structure or Residentially Zoned Property. B. The applicant for a WCF permit must post and use reasonable efforts to maintain a sign on the subject WCF site for a minimum of thirty (30) Calendar Days beginning no later than the sixth Calendar Day following the date of the filing of the required completed application with the City. The sign shall be posted no less than fifteen (15) feet from the public right-of-way that is used as access to the WCF site. The sign shall face and be legible from the public right-of-way. The sign shall contain at a minimum the following items of information: That this is the proposed site of a WCF; The proposed maximum Height above Grade of the proposed WCF; The WCF permit application number assigned to this project by the City of Georgetown; and 59 April 26, 2000 CITY of GEORGETowN ZONING ORDINANCE 4. The telephone number of the City of Georgetown where additional information concerning this proposed WCF may be obtained. The applicant shall remove the sign from the subject WCF site after (1) the permit is obtained or (ii) the appeals process is complete. C. Written notice of the filing of each application for a WCF permit shall be given to the owners, as is indicated by the most recently approved tax rolls, of all property within a distance of two hundred (200) feet, or a distance that is equal to twice the Height of the proposed WCF, whichever is greater, from the proposed WCF site. The required written notice, which will be mailed out by the City, shall be in a form prescribed by the director and shall be mailed by depositing the same in the United States Mail. The required notice shall be mailed no later than the tenth Calendar Day following the filing of the required fully -completed application. D. Written notice shall be published by the City at least once in a local newspaper of general circulation within the City not later than the seventh Calendar Day following the date of filing of the required completed applica- tion. Such notice shall be published in the section of such newspaper in which other legal notices are commonly published. E. The "written notice" required in subsection [C] above shall include, at a minimum, the following: The name, signature, address, and telephone number of the person or entity representative that will own the proposed WCF structure; 2. The name, address, and telephone number of the applicant if different from the owner of the proposed WCF; 3. The approximate proposed location of the WCF structure, including the street address (or nearest street intersection) and the name of the subdivision or survey if there is no recorded subdivision; 4. The proposed use of the WCF structure and site; 5. The proposed maximum Height above Grade of the proposed WCF structure; and 6. That additional information may be obtained by writing or telephoning the office of the Director, including the telephone number. April 26,2000 60 CITY of GEORGErowN ZONING ORDINANCE Section 3A.12 Permitted Hours for Construction Construction, placement, removal, or Alterations to a WCF shall not be performed except between the hours of 7:00 am. and 9:00 p.m. of any day, except in a bona fide emergency. Section 3A.13 Permit Limitations A. Any City permit, including the Special Use Permit, shall become null, void and non-renewable if the permitted WCF is not constructed within one year of the date of issuance, provided that the Special Use Permit may be extended one time for six months if construction has commenced before expiration of the initial year. B. The applicant/permittee of a WCF shall expressly indemnify, protect, and hold the City harmless to the maximum extent allowed by law. No exceptions to this requirement shall be allowed. C. Any City permit, including a Special Use Permit, for a WCF shall expire and the applicant must remove the WCF if it is not put into use within one hundred twenty (120) days after construction or if use is discontinued for a period in excess of one hundred twenty (120) days. If the WCF is not so removed, the City may cause the WCF to be removed and all expenses of removal shall be paid by the owner of the land where the WCF is located. D. The applicant shall notify the Director of all changes in ownership or operation of the WCF Tower within thirty (30) days of actual knowledge of the change. Section 3A.14 Effective Date and Effect on Pre-existing and Permitted WCFs A. The requirements of this part of the Zoning Ordinance apply to all new WCFs after the date of adoption and the expansion and/or Alteration of any existing WCFs; provided that an in-kind or smaller replacement of transmission equipment will require only a written notification to the City. B. A WCF which was in existence on the date of final passage of this part of the Zoning Ordinance shall not be required to be removed or relocated in order to meet the minimum distance requirements of this part of the Zoning Ordinance due to subsequent platting of a residential lot nearer to the WCF than the distance requirements of this Section. However, any Alteration to existing WCFs shall require compliance with the applicable provisions of this part of the Zoning Ordinance. [Part Three -A shown as adopted by Ordinance #97-42] 61 April 26, 2000 CirY of GwRGErowN ZONING ORDINANCE PART FOUR: NON-CONFORNUNG USES Section 4.1 Non -Conforming Uses are Regulated 4.101 Non -conforming uses are those lawful uses of a premises that do not conform with the requirements of this Ordinance on the effective date of the Ordinance or any governing amendment thereto. 4.102 Non -conforming uses may be continued; such a use may be changed to a use of higher classification, and if there are not structural alterations, such use may be changed to a use of the same classification. If it is changed to a use in a higher classification or to a conforming use, it cannot be changed back to the original non -conforming use. For the purposes of this paragraph, the "same classification" means permitted in the same district; a "higher classification" means a use in a more restrictive district. Zoning districts are listed in order from most restrictive to least restrictive in Section 1.202 [Section 4.102 as shown amended by Ordinance # 2000-22 ] 4.103 If a non -conforming use is stopped for two years or more, it then must conform to the use regulations. 4.104 Except for the types of uses provided for in 4.105, a non -conforming use cannot be reconstructed unless changed to a conforming use, and cannot be enlarged or extended vertically except for the addition of air-conditioning equipment or enlarged or extended horizontally beyond the lot upon which it was located at the time that it became a non -conforming use, and then such enlargement or extended shall not encroach upon any yards required within the District in which the lot is located. No enlargement shall be in excess of fifty (50) percent of the floor area of the non -conforming use existing on the date that such use became non -conforming by reason of this Ordinance. 4.105 Non -conforming industrial uses in the C -2B Districts may be re -built, reconstructed, structurally altered or enlarged if the enlargements do not total more than a 100 percent increase in cubical contents of buildings existing on the date that such use became non -conforming by reason of this Ordinance. 4.106 The provisions of this sub -section shall apply to any existing developed site when: there is a change in use, or 2. two (2) years or more has passed since the last occupancy of a building on the site. A change in use shall be defined as occurring when one of the following April 26,2000 62 CITY of GEGRGErowN ZONING ORDINANCE conditions is satisfied: a. the new use of the property is a use that is first allowed in a less restrictive zoning classification than the most recent use; or b. a rezoning to a less restrictive zoning district classification is necessary; or C. a change to a higher Century Plan intensity level classification is required; or d. a larger or additional water meter (other than for landscape irrigation) is necessary to meet the water service needs of the project. When either of the conditions outlined in 1 and 2 above occurs, the existing development shall be upgraded such that one of the design standards, which should be at least 50% deficient if such a situation exists, shall be brought into full compliance with the design standard. Additionally, if more than one design standard is deficient, the property owner shall select, at their sole discretion, which design standard shall be brought into compliance. Furthermore, where the provisions of both the Zoning Ordinance and Subdivision Regulations apply to a property, it shall be necessary to bring only one (1) design standard listed below into full compliance to satisfy the requirements of both ordinances. Design Standard Selections: • Building articulation ■ Building materials ■ Lighting ■ Screening • Landscaping ■ Buffering ■ Drainage (per City's Subdivision Regulations) ■ Pedestrian and vehicular access (per City's Subdivision Regulations) ■ Parking lot design (per City's Subdivision Regulations) ■ Number and type of parking spaces (per City's Subdivision Regulations) ■ Impervious coverage (per City's Subdivision Regulations) [Section 4.106 as shown amended by Ordinance # 2000-22 ] 4.107 Where a premises in a R District was used for open storage, such uses must be discontinued and the stored material removed within two years after the effective date of this Ordinance. Where such premises were used for signs and billboards, such uses must be discontinued and the signs and billboards removed within ten (10) years from the date such signs were erected, or five (5) years after the 63 April 26, 2000 C.rrY OF GEORGErowN ZONING ORDINANCE effective date of this Ordinance, whichever is longer. 4.108 All junk yards, scrap yards, and automobile wrecking yards shall conform with the requirements of this Ordinance within two (2) years after the effective date of this Ordinance. Where the enforcement of this section would impose an undue hardship on any property owner concerned, said property owner shall have the right to appeal for relief to the Board of Adjustment, who, after public hearing, shall have the right to grant an extension of time as required in this section, provided, however, that such extension of time shall not be granted if it would be adverse to the best interest and general welfare of the citizens of the City. 4.109 Passage of this Ordinance in no way legalizes any illegal uses existing at the time of its adoption. 4.110 Existing uses of types eligible for special permits in Part Three shall be conforming use and shall receive a special permit for the existing use from the Building Inspector upon request, but shall require a special permit for any enlargement or addition. 4.111 Any child care facility that was licensed or registered with the State on or before November 14, 1989 and was in conformance with the City's zoning regulations on that date and that, unaltered, fails to meet the City's zoning regulations after that date shall be considered a non -conforming use. A non -conforming child care facility shall not increase the number of children above levels permitted by the State on November 14, 1989, or otherwise modify site design or operations so as to decrease the conformance of the project to existing regulations. [Section 4.1 as shown amended by Ordinance # 2000-22 ] April 26,2000 64 Crry of GEORGEIGWN ZONING ORDINANCE PART FIVE: SPECIAL HEIGHT, YARD, RESIDENTIAL ADJACENCY SETBACK, BUILDING ARTICULATION, BUILDING MATERIAL, AND LIGHTNG STANDARDS Section 5.1 The Height Limit Set Forth in the District Regulations may be Varied. 5.101 Except in the "C -2B" and "I" Districts, if a public building, church, temple, hospital, institution or school is set back an additional foot over the required minimum, it may be increased in height two feet over the height limit of the District in which located, up to a limit of seventy (70) feet total height. 5.102 Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, electric and telephone lines, and poles, grain elevators, or necessary mechanical appurtenances, are exempt from height regulations. 5.103 Storage buildings are exempt from the story limitations, but not the "number of feet" limitations. 5.104 Those parts of existing buildings that violate height regulations may be repaired and remodeled but may not be reconstructed or structurally altered. [Section 5.1 as shown amended by Ordinance # 2000-22 ] Section 5.2 These General Rules for Yards Must Also Be Observed 5.201 On lots fronting on two non -intersecting streets, a front yard must be provided on both streets. 5.202 On comer lots in the "R" Districts, there shall be a yard along the side -street side of such tract of at least ten (10) feet, except the buildable width of a comer lot shall never be less than thirty (30) feet. On corner lots in the "C-1" District, there shall be a yard along the side -street of such tract of at least five (5) feet. In an "R" District, where the rear yard of a corner lot abuts on the side yard of an adjacent lot, such corner lot shall provide a side yard along the side -street side of such tract which is equal in width to the depth required for the front yard of such adjacent lot. In those instances where the area adjacent to the rear yard of a corner lot in a "R" District has not been developed or the preliminary plat for such area has not been approved, such comer lot shall provide a side yard along the side -street of at least twenty-five (25) feet, except that the City Planning and Zoning Commission may, in the exercise of its discretion, permit such side yard to be only fifteen (15) feet in width. In no even shall the buildable width of a comer lot be less than thirty (30) feet. 65 April 26, 2000 Crrr of GEGRGELowN ZONING ORDINANCE 5.203 On corner lots in the "C" Districts that rear upon a "R" District, a ten (10) foot yard must be provided along the side -street side. 5.204 Where a block frontage is divided among districts with different front yard requirements, the deepest front yard as required by this Ordinance shall apply to the entire frontage. 5.205 Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered, except as provided in Part Eleven. 5.206 Required front yards shall be used only for landscaping, walkways and driveways necessary for access to the parking areas. In the "C" District signs and light standards may be located in required front yards. No other structures are permitted. [Section 5.2 as shown amended by Ordinance # 2000-22 ] Section 5.3 The Following Exceptions May Be Made In Yard Regulations 5.301 Where, on the effective date of this Ordinance, forty (40) percent or more of a block frontage was occupied by two or more buildings, then the front yard is established in the following manner: 1. Where the building farthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards. 2. Where this is not the case and a lot is within one hundred (100) feet of a building on each side, then the front yard is a line drawn from the closest front comers of these two adjacent buildings. 3. Where neither (1) nor (2) is the case and the lot is within one hundred (100) feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building. 4. In no event shall a front yard in excess of forty (40) feet be required. 5.302 Sills, belt courses, cornices, and ornamental features may project only one (1) foot into a required yard. 5.303 Open, unenclosed porches (not glassed in) and canopies may extend five (5) feet into a front yard. 5.304 Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent lot line. April 26,2000 66 CITY of GEORGETOWN ZONING ORDINANCE Section 5.4 Setbacks for Non-residential Uses sharing a common property line with Residential Uses in Residentially Zoned Property 5.401 The setbacks for non-residential uses sharing a common property line with residential uses in residentially zoned properties shall be the greater of: A. The required residential setback, or B. The required commercial setback. 5.402 Parking shall be permitted in any required side or rear building setback area greater than ten (10) feet in width. In no case shall parking be located closer than ten (10) feet from the side or rear property line when adjacent to residentially zoned property. 5.403 No non-residential use may exceed the bulk plane that begins ten (10) feet above grade at the setback line and rises one (1) foot for every two (2) feet of additional setback. Figure 1 - Non -Residential Bulk Plane Residentially f Zoned Property I I r I o t Required o Building a` Setback 2 Building Setback i Non -Residential Building 5.405 Non-residential second story or higher window/door openings shall not face adjoining lots in residential districts, if located within fifty (50) feet of the property line. If within 50 feet of the residential property line, doors shall also be oriented 80 degrees or more from the property line, and windows shall be translucent or be oriented 80 degrees or more from the property line. [Section 5.4 as shown amended by Ordinance # 2000-22 ] 67 April 26, 2000 CIIY of GEORGErowN ZONING ORDINANCE Section 5.5 Building Articulation Required 5.501 All buildings except for those: 1. used as single family structures in single family zoned districts, 2. used as single family accessory structures in single family zoned districts, and 3. industrial uses which are located in, and only allowed in, industrially zoned districts; 4. Expansions of existing buildings if the expansion is less than 20% of the existing building area, shall comply with the standards in this section. 5.502 All facades of a building which are adjacent to and face a roadway, public park or residential district shall comply with the following standards: A. Horizontal Articulation — No building fagade shall extend for a distance greater than three times the mean elevation of the wall's height without having an off -set of fifteen percent (15%) or more of the wall's height. This off -set shall extend for a distance equal to at least twenty-five percent (25%) of the maximum length of either adjacent plane. B. Vertical articulation — No horizontal wall shall extend for a distance greater than three times height of the wall without changing height by a minimum of fifteen percent (15%) of the wall's height. This height change shall continue for a minimum distance equal to at least twenty-five percent (25%) of the maximum length of either adjacent plane. (See Figure 2 — Articulation Standards) [Section 5.5 as shown amended by Ordinance # 2000-22 ] April 26,2000 C8 Figure 2 — Articulation Standards CrrY of GEoRGEroWN ZONING ORDINANCE Articulation Standard Example 3 ft. 115% x H) Minimum m I W C O N 60 ft. (3x H)=L Maximum 15 ft. (25% x L) 3 ft. (15% x H) Minimum Minimum Possible Plans of Buildings: l r:;_,: — 3 ft. (15%�x H) Possible Elevations of Buildings: 3 ft. (15% x H) Samples of Articulation Standard 69 April 26, 2000 CITY GF GEORGETOWN ZONING ORDINANCE Section 5.6 Exterior Building Material Requirements 5.601 All buildings except for those: 1. used as single family structures in single family zoned districts, 2. used as single family accessory structures in single family zoned districts, and 3. industrial uses which are located in, and only allowed in, industrially zoned districts; 4. Expansions of existing buildings if the expansion is less than 20% of the existing building area, shall comply with the standards in this section 5.602 Masonry Requirement: At least eighty percent (80%) of the vertical walls of all buildings which are adjacent to and face roadways, public parks or residential districts (excluding doors and windows) shall be finished in one or more of the following materials: A. Brick, stone, cast stone, rock, marble, granite, glass block, tile. B. Stucco or plaster when applied using a three-step process over diamond metal lath mesh to a seven -eighths inch thickness or by other processes producing comparable stucco finish with equal or greater strength and durability specifications. C. Exterior Insulating Finishing System (EIFS). D. Cellulose fiber -reinforced cement building board products, i.e. Hardi Board products or other cement building products approved by a nationally recognized building products evaluation service. E. Glass with less than twenty percent (20%) reflectance. However, only ; maximum of fifty percent (50%) of a building may be constructed in glass. F. Split face concrete block, poured -in-place concrete, and tilt -wall concrete. It is the intent that any use of concrete products shall have an integrated color and be textured or patterned. Tilt -wall concrete strictures shall include reveals, punch -outs, or other similar surface characteristics to enhance the fagade on at least ten percent (10%) of each fagade. April 26,2000 70 CITY of GEORGETOWN ZONING ORDINANCE 5.603 Side and rear facades shall be finished in a similar color as the front of the building. [Section 5.6 as shown amended by Ordinance # 2000-22 ] Section 5.7 Lighting Standards for Multi -family and Commercial Uses 5.701 In order to preserve the night sky and to reduce glare on roadways, pedestrian areas and adjacent development, light sources (e.g. light bulbs) shall be oriented toward the center of the site or shielded so as to not be visible from the property line. This applies to refractory lenses which extend beyond the lighting fixture and are designed to redirect the lighting source horizontally. This does not apply to neon or internally lit signs, or to decorative lighting with 15 watts or less per bulb. 5.702 The allowable maximum light intensity measured at the property line of a residentially zoned lot shall be 0.2 of one foot candle. 5.703 Historic or antique -style pedestrian light fixtures approved by the city are excluded from this standard. [Section 5.7 as shown amended by Ordinance # 2000-22 ] 71 April 26, 2000 Crry OF GEORGErowN ZONING ORDINANCE PART SIX: LANDSCAPE REQUIREMENTS, PROTECTION OF TREES, BUFFERYARDS, PARHING LOT LANDSCAPING, AND SCREENING STANDARDS Section 6.1 Landscape Requirements 6.101 Purpose A. For the purpose of providing for the orderly, safe, attractive and healthful development of land located within the community and promoting the health, safety and general welfare of the community, it is deemed necessary to establish requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. These provisions are exclusive of detached single family and two (2) family residences, except as described in Section 6.304.A. The regulations contained herein are necessary to enhance the community's ecological, environmental and aesthetic qualities. B. Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements is of benefit to the health, welfare and general well being of the community and, therefore, it is proper that the use of such elements be required. C. The City of Georgetown experiences frequent droughts; therefore, it is a purpose of this section to encourage the use of drought resistant plants that do not consume large quantities of water. 6.102 Applicability The requirements and standards for the installation and maintenance of landscape elements and site improvements as set forth herein shall apply to all developments within the City of Georgetown, except that exclusive of Section 6.304 A, these provisions shall not apply to one (1) and two (2) family residences. Furthermore, said requirements and standards shall not apply to any structure existing on the effective date of this chapter, except in the event of reconstruction. However, this exemption shall not apply where a detailed development plan is required as a April 26,2000 72 CRY of GEORwrowN ZONING ORDINANCE condition of approval granted by the Planning and Zoning Commission and/or the City Council. All other new development subject to these regulations shall be in full compliance with the provisions of this chapter. 6.103 General Requirements A. Installation: All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards. B. Maintenance: The current owner and subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this chapter. C. Irrigation Standards. One of the following irrigation methods shall be used to ensure survival of the required plant material in landscaped areas: a. Conventional System: An automatic or manual underground irrigation system which may be a conventional spray or bubbler type heads. b. Drip or Leaky -Pipe System: An automatic or manual underground irrigation system in conjunction with a water -saving system such as a drip or a leaky pipe system. C. Temporary and Above -Ground Watering: Landscape areas utilizing xeriscape plants and installation techniques, including areas planted with native grasses, wildflowers, and trees may use a temporary and above ground system, and shall be required to provide irrigation for the first three growing seasons. 2. Installation of rain and freeze sensors shall be required. 3. Natural and Undisturbed Areas. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. [Section 6.103 as shown amended by Ordinance # 2000-22 ] D. Planting Criteria. 1. Trees: Trees shall be a minimum of two (2) inches in caliper measured 73 April 26, 2000 Crrr of GEORGETOWN ZONING ORDINANCE three (3) feet above finished grade immediately after planting. If trees are proposed that are not chosen from the recommended list provided in the Appendix, trees shall have an average mature crown greater than fifteen (15) feet in diameter. Trees having an average mature crown less than fifteen (15) feet in diameter may be substituted by grouping the same so as to create at maturity the equivalent of a fifteen foot (15) diameter crown if the drip line area is maintained. 2. Shrubs, vines and ground cover: Shrubs, vines and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be, at a minimum, a one (1) gallon container size. 3. Lawn grass: Grass areas should be planted in drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. 4. Synthetic lawns or plants: Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section. Architectural planters: The use of architectural planters may be permitted in fulfillment of landscape requirements. 6. Other: Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces. E. Landscape Plan Requirements As required by the City of Georgetown Subdivision Regulations Ordinance, the landowner or his/her agent shall submit and receive approval of a landscape plan demonstrating compliance with the landscape requirements contained herein. Plans shall show all dimensions, types of materials, width of bufferyards, size and spacing of vegetative materials, and plans for providing water to plants. The plan(s) shall demonstrate that landscaping and buffering materials will: 1. Abate objectionable noise, light, glare, visual clutter, dust, or loss of privacy. 2. Adequately accomplish the purpose for which they were intended. Required Site Landscaping A. A minimum percentage of the total lot area of property on which April 26,2000 74 CITY of GEORGETOWN ZONING ORDINANCE 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. TABLE A Required Landscaping Schedule Land Use Landscaping Required % of constructed impervious coverage of the lot Three (3) family structures 30 Multifamily structures 30 Manufactured Home Park 30 Office and professional uses 22 Institutional 15 Commercial 15 Industrial or manufacturing 15 NOTE: The R -O district has separate landscaping requirements, see Section 2.11 for details. B. The landscaping shall be placed upon that portion of a tract or lot that is being developed. Fifty percent (50%) of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the Commission. C. Required plantings: For every six hundred (600) square feet of landscape area required by Table A above, two (2) trees and four (4) shrubs shall be planted. D. Replacement of Trees: Should a tree die or be removed for which credit has been obtained pursuant to the terms of this section, landscape development sufficient to equal the area credited shall be required. A small tree that will 75 April 26, 2000 CITY of GEORGErowN ZONING ORDINANCE have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in Section 6.304.0 is retained. [Section 6.1 as shown amended by Ordinance # 2000-22 ] Section 6.2 Credit for Trees In order to reward the preservation of existing trees, one hundred percent (100%) of the crown area of undisturbed existing trees shall be reduced from the landscape area requirements; provided that the area surrounding the tree is left undisturbed and that this area consists of at least one hundred (100) square feet but not less than fifty percent (50%) of the crown area. [Section 6.2 as shown amended by Ordinance # 2000-22 ] Section 6.3 Bufferyards Required 6.301 General Requirements: Bufferyards shall be required between all lots and/or parcels. The extent of the required buffering within bufferyards is dependent upon the width of the bufferyard and the disparity between adjacent zoning districts or uses. A. The landscaping required within bufferyards shalt be provided in addition to the site landscaping required in Section 6.104, Required Site Landscaping. B. All open space within a bufferyard shall be planted with grass or other vegetative ground cover. 6.302 Location of Bufferyards. A. Bufferyards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line. B. Bufferyards shall not extend into or be located within any portion of an existing street right-of-way. 6.303 Determination of Bufferyard Requirements: To determine the type of bufferyard required between two (2) adjacent parcels, the following procedure shall be followed: A. Determine whether the adjacent use is located inside or outside the City limits. B. Identify the Zoning Classification of the proposed use. April 26,2000 76 CRY of GEORGETOWN ZONING ORDINANCE C. Identify the Zoning Classification or Land Use Class of each adjacent use. Land Use Classes are defined in Table C. D. Determine the bufferyard requirements for those side and rear lot lines or portion thereof, on the subject parcel by referring to Table B, if it is on property within the City limits. E. If the proposed use and the adjacent use are separated by the City limits, determine the bufferyard requirements for those side and rear lot lines or portion thereof, on the subject parcel, by referring to both Tables B and C as though both properties were either inside the City limits or outside the City limits. The bufferyard requirement shall be the most intensive indicated by this method. F. Existing plant material or fences may be counted as contributing to the total bufferyard requirement. The bufferyards specified are to be provided on each lot or parcel independent of adjoining bufferyards. 6.304 Type A and B Bufferyards: The bufferyard requirements Types A and B in Figure 2 are designed to permit and encourage variation in the widths of bufferyards and the number of plant units required per one hundred (100) linear feet of bufferyard. The requirements may be satisfied by any of the options of the appropriate type, indicated in Figure 2. The width of the required bufferyard may be reduced as the intensity of buffering increases. 6.305 Type C Bufferyards: The Type C bufferyard requirement in Figure 2 is designed to provide screening and buffering between residential and commercial and industrial uses. All commercial and industrial lots adjacent to single family or multifamily zoned districts shall provide: A. A solid six (6) foot screening wall or fence constructed of: 1. Brick, stone, reinforced concrete, or other similar masonry materials; or 2. Redwood, cedar, preservative pressure treated wood, or other similar materials; and 3. All fence posts shall be rust -protected metal, concrete based masonry or concrete pillars. B. A ten (10) foot buffer yard, except for a five (5) foot buffer yard in R -O districts. C. Four large evergreen trees for each one hundred (100) linear feet of bufferyard, spaced no more than thirty (30) feet apart to provide additional screening above the fence line. Two (2) ornamental trees may be substituted 77 April 26, 2000 CITY OF GEORGETOWN ZONING ORDINANCE for one (1) large tree. (See plant list in Appendix for list of acceptable trees.) 6.306 Vacant Land: When a developed use is proposed adjacent to vacant land, the owners of the affected properties may submit a contractual agreement whereby the bufferyard for the developed use is reduced or waived, provided that the owner of said vacant property agrees to develop at no greater intensity than the specified land use class; and if additional buffer is needed at a future point, it will be provided on the vacant land. 6.307 Changes in Intensity: Should a developed use increase in intensity from a given land use class to a higher one (e.g. Class III to Class IV), a determination shall be made during the detailed development plan review process to determine if additional bufferyard is needed and if so to what extent and type in accordance with Table B. Table B - Bufferyard Requirements Zoning of Proposed Adiacmt Eziscin Zonin Development A R -E R -S R 2 R -W! R -3 R -P R -O C-1 C2 -A C2B 1 A • C C C C C B C B A A A A R -E^ RS^ R.M.I C C C A B B C A C A A A A RM -2 B C C C A A B C B A A A A R -[A1 B C C C A A B C B A A A d RM -3 A C C C C C A C A B B B B R -P C C C A B B C A C B B B B R-0 A C CE C C C A C A B B B B C -I B C C C C C C C B A A A A C -2A B C C C C C C C B A A A A C -2B B C C C C C C C B A A A A 1 B C C C C C C C B A A A A . No Wffc drcqu;rt , " Buff : d rcqui,W w p Scnion 6.361 April 26,2000 78 Table C - Land Use Classifications Land Use Class I II Land Use Single Family Residences Two & Three Family Residences Planned Unit Developments Non -Commercial Recreational CrrY GF GEORGETOWN ZONING ORDINANCE III Religious Institutions Educational Institutions Public Buildings Multifamily Residences Manufactured Home Park or Mobile Home Park IV Offices Service Establishments Agricultural V General Retail Establishments Other Commercial Uses Research and Development Uses Wholesale and Warehousing Other Industrial Uses Parking Lots Arterial Streets Buf eryard requirements for properties adjacent to those located outside the City Limits are based on the following equivalencies between Zoning Classifications and Land Use Classes. Zoning Land Use Classes A IV R -E I RS I RM -1 If RM -2 III R -MH III RM -3 IV R -P II R -O IV C-1 V C -2A V C -2B V I V [Section 6.304 amended as shown by Ordinance 998-10] 79 April 26, 2000 Crry GF GEORGETOWN ZONING ORDINANCE Figure 2 - Bufferyard Requirements 1001 Type A: s Deciduous Shrub M_ in n T Evergreen Shrub C MV Type B: Type C: Deciduous Tree 0 Residenbal Property Line ft. in Four large evergreen Trees for each 100 ft Two Omamental trees may be Subst,Med for one large tree -Note: See Section 6.103 A. -D. for total plant requirements. Note: Any fence constructed to satisfy buffm3wd requirements shall be opaque and shall be six (6) feet in height, except as otherwise provided in Section 8.3 or as otherwise approved by the Commission. [Section 6.3 as shown amended by Ordinance # 2000-22 ] April 26,2000 80 CITY of GEORGErowN ZONING ORDINANCE Section 6.4 Parking Lot Landscaping and Screening 6.401 Parking Lot Landscaping: Landscaping provided to meet this section may be applied to the site landscaping requirements in Section 6.104. Parking lot landscaping must meet the city's traffic safety standards as adopted in the Code of Ordinances for maintaining visibility at intersections. A. Landscape Area: The parking lot landscape area requirements are based on the percentage of required parking located between the building facade and the street right of way: 1. Less than 25% of the parking located between the building facade and the right-of-way requires 13 square feet of landscaping per parking stall. 2. Between 25% to 75% of the parking located between the building facade and the right-of-way requires 18 square feet of landscaping per parking stall. 3. Greater than 75% of the parking located between the building facade and the right-of-way requires 23 square feet of landscaping per parking stall. B. Internal Parking Lot Landscaping 1. Two (2) trees and four (4) shrubs shall be planted for each six hundred (600) square feet of required landscape area. 2. All new trees within a parking lot shall be planted in a pervious area of at least one hundred and fifty (150) square feet and have a minimum dimension of eight and one-half (8.5) feet (E.g. 8.5' x 18'). However, up to twenty percent (20%) of the required trees may be planted in islands of at least twenty five (25) square feet and have a minimum dimension of five (5) feet. 3. To reduce the thermal impact of unshaded parking lots, trees shall be planted throughout parking lots so that no portion of the lot is more than sixty-four (64) feet away from the trunk of a tree unless otherwise approved by the Commission. 6.402 Parking Lot Screening A. All parking shall be screened from public rights-of-way and public park areas using a solid screen. The screen shall be maintained at least thirty six (36) inches in height, and be achieved through one of the following methods: 81 April 26, 2000 CrrY of GEORGETOWN ZONING ORDINANCE 1. A berm 2. A planting screen (hedge) 3. A wall 4. A combination of the above. B. Live screening shall be capable of providing a solid thirty six (36) inch screen within two (2) years, as determined by a registered landscape architect, certified nurseryman or master gardener, and shall be planted in a prepared bed at least 3 feet in width. C. Screening shall be offset at least six (6) feet every sixty (60) linear feet. [Section 6.4 as shown amended by Ordinance # 2000-22 ] Section 6.5 Screening Requirements 6.501 Screening of Mechanical Equipment A. Properties which may be viewed from residential uses, streets or public park areas shall screen all roof, ground and wall mounted mechanical equipment (eg. air handling equipment, compressors, duct work, transformers and elevator equipment) from view at ground level. B. Roof -mounted mechanical equipment shall be shielded from view on four sides. Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers which are painted to blend with the primary building. Screening shall result in the mechanical equipment blending in with the primary building, and not appearing separate from the building. C. Wall or ground -mounted equipment screening shall be constructed of: 1. Planting screens; or 2. Brick, stone, reinforced concrete, or other similar masonry materials; or Redwood, cedar, preservative pressure treated wood, or other similar materials; and 4. All fence posts shall be rust -protected metal, concrete -based masonry or concrete pillars. D. A variance may be granted in cases with extreme topographic differences. April 26,2000 82 Orr of GmRwrowN ZONING ORDINANCE [Section 6.501 as shown amended by Ordinance # 2000-22 ] 6.502 Screening of Outside Storage A. Outside storage shall be located on the side or rear of the primary building and shall be screened from public view. B. Outside storage shall be screened with a minimum seven (7) foot tall screen or a screen that is a minimum of one (1) foot above the top of the storage materials, whichever is taller. Screening shall be: 1. A masonry wall or other material that is similar to the primary structure. 2. A berm. 3. A planting enclosure of large evergreen shrubs planted a maximum of four (4) feet apart that shall create a solid screen to a minimum height of seven (7) feet within two (2) years as determined by a registered landscape architect, certified nurseryman or master gardener, or as determined by the Director of Development Services. 4. A combination of the above. [Section 6.502 as shown amended by Ordinance # 2000-22 ] 6.503 Screening of Waste Containers A. Waste containers shall be located on the side or rear of the building and screened from public view. B. Waste containers shall be located outside of the required building setback areas and when adjacent to residentially zoned property, must be located at least fifty (50) feet away from residential zoned property lines. C. Waste containers shall be screened on four (4) sides, using an enclosure that is seven (7) feet tall or of a height that is a minimum of one (1) foot above the top of the dumpster, whichever is taller. Screening shall be comprised of: 1. Brick, stone, reinforced concrete, or other similar masonry materials that have a similar finish to the primary finish; or 2. Redwood, cedar, preservative pressure treated wood, or other similar materials; or 3. Large shrubs planted four (4) feet on center and staggered 30 to 36 inches. 83 April 26, 2000 CITY of GEORGErowN ZONING ORDINANCE Shrubs shall be watered with an irrigation system; and 4. All fence posts shall be rust -protected metal, concrete based masonry or concrete pillars; and Six-inch (6") concrete filled steel pipes shall be located to protect the enclosure from truck operations. D. Waste container enclosures shall have steel framed gates and tie -backs to secure them in an open position, and fasteners to keep them closed. E. Waste container screening shall be maintained at all times. Figure 2 — Screening of Waste Containers Large Shrubs Planted r(r oc Staggered 3636 in. bs s II a Wat red an n Sy em v - IIIIIiIDi� II Wall Enclosure Fence Enclosure Planting Enclosure NOTE: All enciosures to be T6" min.; use protective poles in comers and at possible impact areas; minimum 6' reinforced slab, sloped to drain; and, gate with spring loaded hinges, or equivolent. [Section 6.503 as shown amended by Ordinance # 2000-22 6.504 Screening of Loading Docks A. These standards shall apply to all sites with loading docks in non -industrially zoned districts. B. Loading and service areas shall be located at the side or rear of buildings. C. Off-street loading areas shall be screened from view of any street or adjacent property. D. Loading areas shall be enclosed on three sides by a wall or other screening April 26,2000 84 CITY of GEGRGEroWN ZONING ORDINANCE device not less than eight (8) feet in height. E. Loading areas shall not be located closer than fifty (50) feet to any single family lot, unless wholly within an enclosed building. F. Screening materials shall be comprised of: 1. A wall that has a similar finish to the primary structure, or 2. A combination of trees and shrubs that will result in solid screening within two (2) years as determined by a registered landscape architect, certified nurseryman or master gardener, or as determined by the Director of Development Services. [Section 6.504 as shown amended by Ordinance # 2000-22 ] 6.505 Screening of Retail Storage and Display Areas A. The following businesses are excluded from the standards in this subsection: Christmas tree sales. Trees may be stored outdoors for sale from one week before Thanksgiving to December 31. 2. Landscape plant materials, vehicles and vehicular machinery, for which the sale of these items is the primary business. B. Outdoor sales and display not specifically excluded in "A" above, shall meet the following standards: 1. Outdoor sales and displays are permitted only in areas designated on the site plan filed with the City. 2. Outdoor sales and display may not exceed five percent (5%) of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) 3. Outdoor sales and display may occupy up to thirty percent (30%) of a covered sidewalk that is located within twenty (20) feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five (5) foot passable distance shall be maintained. 4. Any outside sales and display not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: 85 April 26, 2000 Crry of GF.ORwrowN ZONING ORDINANCE a. Be a minimum of eight (8) feet high or one (1) foot taller than the materials being displayed, which ever is greater. b. Include a minimum of twenty percent (20%) solid screening matching the material of the primary building. c. The remainder may be solid evergreen planting, wrought iron, or dark vinyl -coated chain link or similar materials. 5. Any outside sales and display not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. 6. No outdoor sales and display may be located in any portion of a parking lot. (Section 6.505 as shown amended by Ordinance # 2000-22 ] PART SEVEN: OFF-STREET PARKING SPACES ARE REQUIRED Section 7.1 Off Street Parking and Loading Regulations 7.101 General Design Standards A. All off-street parking spaces shall be located outside of required landscape areas and behind front building lines, with the exception of parking and parking structures on lease spaces within manufactured home parks which can encroach into this area. B. Off-street parking facilities shall be provided for any new building constructed and for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required. Provided however, if insufficient parking exists on a tract or lot, then the number of spaces required to meet the needs of both the existing and new buildings shall be provided. C. Facilities being used for off-street parking on the effective date of these regulations shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. D. For sites with more than one (1) use, or for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as adjusted pursuant to Section 7.04. April 26,2000 86 CITY of GEORGETOWN ZONING ORDINANCE E. Parking facilities constructed or substantially reconstructed subsequent to the effective date of these regulations, whether or not required, shall conform to the Design Standards set forth in Section 7.107. F. All required parking facilities shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding (1) one ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment. G. All required parking facilities shall be located on the same site as the use for which such facilities are required, except as authorized pursuant to Section 7.103. H. No use shall be required to provide more spaces than prescribed by these regulations or prescribed pursuant to a Conditional Use Permit or a Variance. Where parking spaces in excess of such requirements are provided, the spaces may be considered as meeting the requirements for another use pursuant to Section 7.104. I. Head -to -toe parking is prohibited except in one (1), two (2) or three (3) family dwellings, or manufactured homes. [Section 7.101 shown as amended by Ordinance 96-511 87 April 26, 2000 Crry of GEGRGETowN ZONING ORDINANCE 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. t 1► • Ili ul ►Y USE PARKING RESIDENTIAL Long Term Housing 2 spaces/unit*** Quasi Residential 1 ace/250 sq.ft. CHURCHES AND PUBLIC USES 1 ace/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/l00 sq.ft. greater than 2,500 sq.ft. 1 space/75 sq.ft. take out restaurants 3 spaces/ 100 sq.ft. of seating area General Retail and Office less than 25,000 sq.ft. 1 space/200 sq.ft. 25,000-399,999 sq.ft. 1 space/250 sq.ft. 400,000-599,999 sq.ft. 1 space/225 sq.ft. more than 600,000 sq.ft. 1 space/200 sq.ft. INDUSTRIAL 1 space/employee + 1/400 sq.ft. of offices ace WAREHOUSE 1 space/1,000 sq.ft. -ine required number or parking spaces for uses not listed in the above table will be determined by the Director. 'Including manufactured homes. [Table 7A shown as amended by Ordinance 96-26 and 96-51] April 26,2000 88 CITY of GEORwrowN ZONING ORDINANCE 1. Where the application of Table 7A results in a fractional requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number. 2. For purposes of this section, requirements shall be based on gross floor area, but shall not include enclosed or covered areas used for off-street parking or loading. B. Notwithstanding the provisions of Table 7A, a minimum of five (5) parking spaces shall be provided for any single industrial use located individually on a site and served by a separate parking facility, and a minimum of ten (10) parking spaces shall be provided for any two (2) or more industrial uses located on the same site and served by a common parking facility. C. Up to twenty-five percent (251/6) of reserved employee parking may be designed and reserved for small or compact cars. D. Up to fifteen percent (15%) of the total required parking may be designed and reserved for compact cars. 7.103 Off -Site or Remote Parking A. The Commission or Council may approve locating a portion of the required parking for a use on another site when both the primary use and accessory parking are located in an area zoned, used or platted for commercial use. B. Off-site parking shall be located within three hundred (300) feet of the use which it serves within the Town Square Historic District and within two hundred (200) feet in all other areas, measured as the shortest practical walking distance from the nearest off-site parking space to the nearest entrance to the building or use which it serves. C. In determining whether to approve off-site parking, the Commission shall consider all relevant factors, including: 1. The locations of the use and the proposed off-site parking. 2. Existing and potential parking demand created by other uses in the vicinity. 3. The characteristics of the use, including employee and customer parking demand, hours of operation, and projected convenience and frequency of use of the off-site parking. 4. Adequacy, convenience, and safety of pedestrian access between off-site parking and the use. 89 April 26, 2000 CITY OF GEORGETOWN ZONING ORDINANCE Traffic patterns on adjacent streets, and proposed access to the off-site parking. 6. The report and recommendation of the Development Review Committee and the Traffic Engineer. D. The Commission or Council may require the written agreement of the owner of the off-site parking area and owner of the use, if necessary, to assure the continued availability and usability of any off-site parking. E. Handicapped and bike parking spaces shall not be located in an off-site parking facility. 7.104 Parking For Mixed Use Developments A. The Planning Commission may authorize an adjustment in the total parking requirement for separate uses located on the same site, or for separate uses located on adjoining sites and served by a common parking facility, pursuant to this section. A request for such adjustment shall require submission of a site plan and transportation engineering report addressing the relevant factors listed in paragraph C below. B. All parking spaces subject to adjustment under this section shall be located in a common, contiguous parking facility intended to meet the needs of all users. When any adjustment is authorized, off-site parking pursuant to Section 7.103 shall not be permitted. C. In determining whether to approve an adjustment for mixed use developments, the Commission shall consider all relevant factors, including: 1. The characteristics of each use and the differences in projected peak parking demand, including days or hours of operation. 2. Potential reduction in vehicle movements afforded by multi-purpose use of the parking facility by employees, customers, or residents of the uses served. 3. Potential improvements in parking facility design, circulation, and access afforded by a joint parking facility. 4. The report and recommendation of the Director. 7.105 Handicapped Facilities Exclusive of one (1), two (2) and three (3) family residences, in each parking April 26,2000 90 CITY of GEORGETOWN ZONING ORDINANCE facility, a portion of the total parlang spaces shall be specifically designed, located, and reserved for vehicles licensed by the State for use by the handicapped, according to the following schedule and additional requirements: Total Spaces Minimum Number of Handicapped Spaces Required 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 ' 401-500 9 501-1,000 2% of total 1,001 and over 10 plus 1 per 100 over 1,000 spaces A. Ten percent (10%) of the total spaces for outpatient units at medical care facilities shall be accessible to the handicapped. B. Twenty percent (20%) of the total spaces for medical care facilities specifically for the treatment of the mobility impaired (i.e., physical/occupational units) shall be accessible to the handicapped. 7.106 Basic Off -Street Loading Regulations A. Off-street loading facilities shall be provided for any new building constructed and for any new use established. Off-street loading facilities shall be provided for any addition or enlargement of an existing use, or any change of occupancy or manner of operation that would result in additional loading space being required, provided that the additional loading space shall be required only for such addition, enlargement, or change. B. Facilities being used for off-street loading on the date these regulations are adopted shall not be reduced in capacity to less than the number of spaces 91 April 26, 2000 Crre of GF.ORGErowN ZONING ORDINANCE prescribed, or altered in design or function to less than the minimum standards prescribed herein. C. Loading facilities constructed or substantially reconstructed subsequent to the effective date of the regulations shall conform to the Design Standards set forth in Section 7.107. D. All required loading facilities shall be maintained for the duration of the use or building requiring such facility, and shall be used exclusively for the purpose of loading and unloading goods, materials, and supplies, and shall not be used for the sale, display, or storage or merchandise, or for the storage or repair of vehicles or equipment. E. Such loading and unloading space, unless adequately provided for within a building, shall be an area ten (10) feet by forty (40) feet, with fifteen (15) foot height clearance, and shall be provided according to the following schedule: Gross Floor Area in Sq.Ft. Loading & Unloading Spaces Required in Terms of Sq. Ft of Gross Floor Area 0-1,999 None 2,000 - 4,999 Up to one (1) space at the discretion of the Commission 5,000 - 19,000 One (1) space 20,000 - 99,000 One (1) space plus one (1) space for each 20,000 sq.ft. or portion thereof in excess of 20,000 sq.ft. 100,000 - 500,000 Five (5) spaces plus one (1) space for each 40,000 sq.ft. or portion thereof in excess of 100,000 sq.ft. F. The location and design of loading and unloading areas shall be reviewed at the time of detailed development plan submission to insure adequate protection is afforded adjacent properties, especially residential properties, from noise and other disruptive elements normally associated with such facilities. 7.107 Design Standards A. Design standards are established by this section to set basic minimum dimensions and guidelines for design, construction, and maintenance of parking and loading facilities. April 26,2000 92 CITY of GwRGECGWN ZONING ORDINANCE B. The following basic dimensions shall be observed for parking spaces and loading spaces: Each standard parking space shall consist of a rectangular or trapezoidal area designed in accordance with Table 7B. Each space shall have a vertical clearance of not less than seven and one-half (7.5) feet. Each space shall be independently accessible. 2. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than thirteen (13) feet wide (including an eight (8) foot wide parking stall and a five (5) foot wide access aisle) by twenty (20) feet long, with a vertical clearance of eight (8) feet above the handicapped accessible parking spaces and along at least one (1) vehicle access route to such spaces from the site entrance(s) and exii(s), shall be located in an area not exceeding a two percent (2%) slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. One (1) of every eight (8) handicapped accessible spaces shall consist of a rectangular area not less than sixteen (16) feet wide (including an eight (8) foot wide parking stall and an eight (8) foot wide access aisle) in order to be accessible to vans. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only. Van accessible spaces shall be signed accordingly. Two (2) handicapped accessible parking spaces may share the same access aisle. 3. Each off-street loading space shall consist of a rectangular area not less than ten (10) feet wide and forty (40) feet long, with a vertical clearance of not less than fifteen (15) feet. 4. Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all time have access to a public street or alley. C. Parking facility design: Minimum parking facility design standards are illustrated in Table 7B. Additional supplemental guidelines and standards for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by resolution of the Commission, upon recommendation of the Director. 1. All parking facilities shall include the following design considerations to ensure accessibility to the handicapped: a. Handicapped accessible parking spaces servicing a particular building shall be located on the shortest accessible route of travel to an accessible entrance. 93 April 26, 2000 Crrr of GEORGE rowN TONING ORDINANCE b. Handicapped accessible parking spaces need not be provided in each lot or parking structure provided the different location has equivalent or greater accessibility in terms of distance from an accessible entrance. c. Handicapped accessible parking spaces may all be provided on one (1) level of a multi-level parking structure. d. At least one (1) handicapped accessible route must be provided from accessible parking spaces to the nearest handicapped accessible entrance. e. The minimum clear width of the handicapped accessible route shall be thirty-six (36) inches except at doors. f. If a handicapped accessible route has less than sixty (60) inches clear width, then passing spaces at least sixty (60) inches by sixty (60) inches must be located at reasonable intervals not to exceed two hundred (200) feet. g. The floor slope along a handicapped accessible route shall not exceed one (1) to twelve (1:12) with a maximum rise of thirty (30) inches for any run. h. Handicapped accessible parking spaces and access aisles shall be level with surface slopes not exceeding one to fifty (1:50) or two percent (2%) in all directions. i. The cross slope of ramps shall not exceed one to fifty (1:50). j. It is preferable to provide the handicapped accessible route at the front of the stalls. The handicapped accessible route should avoid crossing lanes of vehicular travel. When crossing vehicle travel lanes is necessary, the route of travel shall be designated and marked as a crosswalk. April 26,2000 94 CITY of GEORGErowN ZONING ORDINANCE TABLE 7B - Parking Facilities Design* Parking Maneuvering Lane Parking Parking Total Width of 2 Pattern Width Space Space Tiers of Spaces & Maneuvering Lane One Two Width Length One Two Way Way Way Way 00 11' 18' 8.5' 25'(22) 28' 35' Parallel 30-500 12' 20' 9'(8.5) 21'(16) 54'(44) 62' 52) 54-74° 13'(12) 22'(19) 9' (8.5) 21' 55'(45) 64' 16.5 52) 75-900 15' (14) 24' (22) 9.5' (8.5) 20'55' (47) 64' (16.5) (55) *Compact car standards are listed in parenthesis where applicable. D. Paving and drainage. The following basic standards shall be observed: For all uses except single family dwellings, parking and loading facilities shall be surfaced and maintained with asphaltic, concrete, or other permanent hard surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. Pervious materials may be allowed as approved by the Director of Community Owned Utilities. 2. Parking and loading facilities shall be graded and provided with permanent storm drainage facilities, meeting the City's construction specifications. Curbing and drainage improvements shall be sufficient to control free flow of water onto adjacent properties, public streets or alleys, and to provide adequate drainage in accordance with City code. E. Parking and loading facilities shall meet the following standards: 1. Safety barriers, protective bumpers or curbing, and directional markers shall be provided in conformance with the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, to assure safety, promote efficient utilization, protect landscaping, and prevent encroachment onto adjoining public or private property. 2. Visibility of and between pedestrians, bicyclists, and motorists shall be 95 April 26, 2000 CITY of GEORGETOWN ZONING ORDINANCE assured when entering individual parking spaces, circulating within a parking facility, and entering and exiting a parking facility. 3. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety. F. Lighting: Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use. G. Fencing, Screening, and Landscaping: All parking lots shall be landscaped in accordance with the requirements in Section 6.3. H. Noise: Areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling. L Maintenance: All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended. Adjustments: For a use or a site subject to site plan review or a conditional use permit, the minimum requirements of this section maybe adjusted in their application, provided such change is determined by the Commission to provide improved design, usability, attractiveness, and protection to adjoining uses, in a manner equal to or greater than the specific requirements of this section. 7.108 Special Parking Requirement Areas A. Purpose: Special parking requirements shall apply within designated portions of Georgetown in order to recognize and encourage relatively greater mobility and accessibility of future facilities, to promote the construction of appropriately located public parking facilities, to discourage inharmonious parking facilities/areas in historic districts or on sites occupied by historic structures, and to reduce intrusion on pedestrian -oriented street frontages by parking facility access. B. Special Parking Requirements Area: Within a designated Special Parking Requirements area, the following provisions shall apply in -lieu of the regulations otherwise established by the off-street parking and loading April 26,2000 96 CrrY OF GEORGETOWN ZONING ORDINANCE regulations. 1. There shall be no off-street parking requirement for any use occupying a qualifying historic structure. 2. There shall be no off-street parking requirement within the downtown Historic District for any use occupying a structure of less than four thousand (4,000) gross square feet of floor space. 3. There shall be visual screening of open parking garages or lots along street frontages. 4. Enclosed parking garages within the central business district must be separated from the adjacent street by enclosed commercially leasable space fronting the adjacent street at the ground level. On any site that is less than one (1) city block on any side, this provision may be waived or adjusted by the Commission or the Council, provided at least fifty percent (50%) of the garage fronting on the adjacent streets at the ground level shall be enclosed by commercially leasable space. All remaining areas shall be screened. 5. There shall be no curb cut greater than thirty (30) feet for garage access. 6. There shall be a clear one hundred sixty (160) degree cone of vision at the intersection of sidewalks and any parking access and/or egress lanes. 7. There shall be no openings for vehicle access at any level to parking garages or curb cuts in the Historic District, unless the Commission approves such access and includes a finding in its approval that the applicant has demonstrated that the proposed project will not unreasonably impair pedestrian and vehicular movement in the affected area and adequate precautions have been made for the safety and convenience of the public. The decision of the Commission may be appealed to the Council. If the Council approves such application, it shall be required to make the same finding as provided above. [Section 7 as shown amended by Ordinance 96-08] 97 April 26, 2000 CIrY of GEORGErowN ZONING ORDINANCE PART EIGHT: ACCESSORY USES AND BUILDINGS REGULATED Section 8.1 The Following Accessory Uses Are Permitted 8.101 In the "R" Districts - Private Garages - Vegetable and flower gardens. - Raising and keeping of small animals and fowl, but not on a commercial basis or on a scale objectionable to neighboring property owners. - Tennis courts, swimming pools, garden houses, and similar uses customarily accessory to residential use. 8.102 In the "R -M" District, there may also be storage garages and parking lots for use solely of occupants of the premises. 8.103 In the "C" and "P' Districts there may be any accessory use. 8.104 Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction. [Section 8.1 as shown amended by Ordinance # 2000-22 ] Section 8.2 8.201 Accessory Buildings Shall Be Located In Accordance With The Following No structure or impervious construction shall be allowed in the front yard area except for the following: A. Fences and screens in accordance with Sections 6 and 8 of these regulations; B. Driveways and sidewalks as allowed herein; C. Utility distribution lines and appurtenances within dedicated easements and rights-of-way; and/or D. Drainage structures. 8.202 No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on one (1), two (2) or three (3) family residential lot April 26,2000 98 GSrr of GEoRGEroWN ZONING ORDINANCE A. Swimming pools located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence; B. Playscapes not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence; and/or C. Satellite dishes or telecommunications devices not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence. D. Driveways to side entry garages. Section 8.3 Requirements for Fences 8.301 Fences may be constructed in accordance with the following provisions: 8.302 No fence along a common property boundary shall be greater than six (6) feet in height, excepting: A. Fences not greater than eight (8) feet, as required to impede access to hazardous facilities including, but not limited to, electrical substations, swimming pools and chemical or equipment storage yards. B. Fences not greater than eight (8) feet, where the slope of a line drawn perpendicular to the fence line averages twenty percent (20%) or more on either side of the fence over a distance no less than fifteen (15) feet. C. Fences not greater than eight (8) feet, where the fence forms a continuous perimeter around a subdivision and the design of said perimeter fence is approved by the Commission. D. As otherwise permitted in Parts 5 and 6 of this ordinance. [Section 8.302 as shown amended by Ordinance # 2000-22 8.303 Fences less than or equal to three (3) feet in height shall be allowed in front yards. 8.304 No fence or other structure more than thirty percent (301/o) solid or more than three (3) feet high shall be located within twenty-five (25) feet of the intersection of any rights-of-way. 8.305 All fences shall be constructed to maintain structural integrity against natural forces such as wind, rain and temperature variations. 8.306 The finished side of all fences built to comply with these regulations shall face the 99 April 26, 2000 CRY of GEORGETOWN ZONING ORDINANCE protected use. [Sections 8.2 and 8.3 shown as amended by Ordinance 96-08] PART NINE: CONDOMINIUMS Section 9.1 Provided that any commercial or office building, multiple dwelling or rowhouse project is constructed in conformance with this and other applicable ordinances of the City, and that such project is a condominium as set forth and in compliance with any State Laws governing same, individual units from the condominium may be conveyed or sold along with the pro -rated portion or portions of the common area or property and parking areas of the project or condominium. The requirements of this Ordinance as to yards, setbacks, lot sizes and facing a public street, shall apply to the structure or group of structures compromising one development from which the individual units are conveyed and shall not apply to the individual units. Private restrictions or covenants shall be recorded for each condominium, which restrictions or covenants shall first be approved by the City Attorney as to form and contents and shall include limitations upon the further division of dwelling units and common areas of property, shall prohibit occupancy of any dwelling unit by more than one family, and shall provide for adequate and perpetual maintenance of structures, facilities and common properties or areas and parking areas. Common property or areas and parking areas shall be pro -rated among all of the units for conveyance, and upon sale of all units in the project or structures, no residue of common Property shall remain. April 26,2000 100 CITY OF GEORGETOWN ZONING ORDINANCE PART TEN: ADOPTION OF MAPS Section 10.1 Property In The City Is Zoned According To The Maps Attached Hereto And Made A Part Of This Ordinance. PART ELEVEN: BOARD OF ADJUSTMENT Section 11.1 Board of Adjustment Created There is hereby created within and for the City of Georgetown a Board of Adjustment, hereinafter referred to as the `Board", with the powers and duties as set forth below. [Section 11.1 as shown amended by Ordinance # 2000-22 ] Section 11.2 Organization The Board of Adjustment shall consist of five (5) members whose appointments shall be made on the recommendation of the Mayor and approved by vote of a majority of the City Council in regular open meetings; each to be appointed for a term of two (2) years; provided, however, that for the first appointment under the provisions of this Ordinance, two (2) members shall be appointed for a term of one (1) year and three (3) members shall be appointed for a term of two (2) years. All appointments thereafter shall be for a term of two (2) years. The term of office shall expire on the last day of March in the year the term is completed. Members may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant. A maximum of four (4) alternate members may be appointed to the Board and shall serve in the absence of one or more regular members when requested to do so by the City Manager or his designated representative. The alternate members shall: be appointed; serve; have vacancies filled; and be subject to removal in the same manner and for the same period as the regular members. Two (2) of the Board's five (5) members shall be active members of the City of Georgetown's Planning and Zoning Commission and their appointments to the Board shall terminate upon the expiration of their terms as Planning and Zoning Commissioners, except as otherwise provided for herein. Furthermore, Members of the Board must be registered voters in the City of Georgetown and must have resided within the City for one (1) year preceding their appointment. [Section 11.2 as shown amended by Ordinance # 2000-22 ] 101 April 26, 2000 CITY GF GEoRGErowN ZONING ORDINANCE Section 11.3 Procedure The Board shall adopt rules in accordance with the provisions of this Ordinance. A Chairperson shall be selected from among the members of the Board but in no instance shall the Chairperson of the Board also serve in the capacity of Chairperson of the Planning and Zoning Commission. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his absence, the Vice -Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Director and shall be a public record. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance. All questions of interpretation and enforcement shall first be presented to the Board only on appeal from the decision of an administrative official, and recourse from the decision of Board shall be by appeal to a Court of Record as herein provided. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or division of the City affected by any decision of an administrative official. Such appeal shall be taken within thirty (30) days from the date of the decision by filing with the officer from whom the appeal is taken or with the Director a notice of appeal specifying the grounds thereof, and by paying the filing fee at the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of Record on application and notice to the officer from whom the appeal is taken and on the cause shown. The Board shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The public notice required by this section shall be given by publication at least once in a newspaper of general circulation in the city, stating the April 26,2000 102 CITY OF GEORGETOWN ZONING ORDINANCE time and place of such hearing, which will not be earlier than fifteen (15) days from the first date of such publication. In addition thereto, for all applications for a variance or special exception notices of such hearings shall be mailed not fewer than ten days prior to such hearing to the petitioner and to each owner of property lying within two hundred (200) feet of any point or portion of the property for which a variance or special exception is requested and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the City, and substantial compliance therewith shall be deemed sufficient provided, however, that written certification to the Board that such written notice was mailed shall be deemed sufficient compliance with the purpose of this notice. Furthermore, all applications for a variance or special exception shall comply with the procedural requirements mandating the posting of notice signs as set forth below in Section 14.2031 of this Ordinance. The duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise from time to time. The procedure for deciding such questions shall be stated in this section and this Ordinance. Under this Ordinance the City Council shall have only the duties: 1. of considering, adopting, or rejecting proposed amendments, or repealing this ordinance, as provided by law; and 2. of establishing a schedule of fees for appeals hereunder, for building permits and all other expenses connected with the enforcement of this Ordinance; 3. as specifically assigned by this Ordinance. Section 11.4 Powers: The Board shall have and be entitled to exercise the following powers: 11.401 Interpretations To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the interpretations or enforcement of this Ordinance. 11.402 Variances. Where, by reason of: 1. Exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this Ordinance; or 2. Exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the provisions of this Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the Board is hereby empowered to authorize upon an appeal relating to such property a 103 April 26, 2000 Crrr of GEoRGErowN ZONING ORDINANCE variation from such strict application so as to relieve such difficulties or hardship, and to establish such requirements relative to such property as would carry out the purpose and intent of this Ordinance. In granting approval of a request for variance the Board shall certify that: a. The public convenience and welfare will be substantially served; and b. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and C. The applicant has not created the hardship from which relief is sought; and d. the variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property, and e. The hardship from which relief is sought is not solely of an economic nature. 11.403 Special Exceptions To hear and decide special exceptions in accordance with the terms and conditions as specifically set forth in this Ordinance and in particular: 1. To permit a transitional use in the "R -S" Single Family Residential District as set forth in Section 2.09 of this Ordinance. To permit an extension of time to allow salvage and wrecking yards to conform to the requirements of this Ordinance as set forth in Section 4.107 herein. 3. To permit the use of a lot or lots in a "R" Residential District adjacent to a "C" Commercial or' P' Industrial District even if separated therefrom by an alley for the parking of passenger cars, provided no fee is charged, and under such safeguards and conditions as the Board may require for the adequate protection of the more restricted property. 4. To permit the reconstruction of a building occupied by a non -conforming use, provided such reconstruction does not prevent the return of such property to a conforming use and the structure conforms to the Area, Parking, Height, & Landscaping Regulation of the zoning district in which the property is located April 26,2000 104 G7rr OF GEORGEiowN ZONING ORDINANCE 5. To require the discontinuance of non -conforming uses of land, (not principal structures) under any plan whereby the full value of any improvements can be amortized within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance. 6. To reduce the required number of off-street parking spaces if it can be shown that the required minimum as herein established will not at any time be necessary because of the character of the proposed uses and a probable limited quantity of employees, clients, customers or tenants, or to achieve the preservation and protection of significant natural and cultural features. 7. To permit any use of public buildings to be erected or used by the City, County, State or Federal Government. 8. To permit the location of transmitting towers and antennae for any radio or television broadcasting station. 9. To permit installation of a public utility either publicly or privately owned. 10. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record. 11. To interpret the provisions of this Ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this Ordinance. 12. To allow exceptions to material and articulation requirements, Sections 5.5 and 5.6 when: a. An existing building is primarily constructed of other materials; or b. A building is being constructed on an infill site where buildings in the block face or the block face across the street are primarily constructed of other materials; or c. An expansion creates the need for full compliance with the requirements of this ordinance and specific conditions of the expansion would create undue hardship for the applicant or property owner. An exception shall be limited only to actual materials typical of the period or style of the building's original material, or to materials of similar appearance, but which have the same or greater durability. [Section 11.4 as shown amended by Ordinance # 2000-22 ] 105 April 26, 2000 Crry OF GEORGETOWN ZONING ORDINANCE Section 11.5 Decisions In exercising the above mentioned powers as set forth in Section 11.4 of this Ordinance, the Board may, in conformance with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and may make such order, requirement, decision, or de- termination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. All rulings made upon any appeal to the Board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the appeal. All such decisions shall be set forth in a written order, signed by the Chairperson and filed for record in the office of the City Secretary. Section 11.6 New Applications No application appealing the same or essentially the same decision of an administrative official nor requesting the same or substantially the same variance or special exception on the same or substantially the same property shall again be considered by the Board within one (1) year of the date of the Board's original order on the matter. Section 11.7 Appeals from the Board of Adjustment Decisions made by the Board of Adjustment shall be appealed in accordance with Section 211.011 of Chapter 211 of the Local Government Code of the State of Texas, as the same may be amended from time to time. [Section 11 shown as adopted by Ordinance #86-28] [Section 11.7 shown as adopted by Ordinance 880114.16, March 22, 1988] April 26,2000 106 CITY of GEGRGErowN ZONING ORDINANCE PART TWELVE: BOUNDARIES OF DISTRICTS Section 12.1 Rules Where Uncertainty May Arise. Where uncertainty exists with respect to the boundaries of the various Districts as shown on the map accompanying and made a part of this Ordinance, the following rules apply: 12.101 The district boundaries are street, alley, and property lines unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street, alley, or property line, the street, alley, or property line shall be construed to be the boundary of the district. 12.102 Where the district boundaries are otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be property lines and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts, unless the boundaries are otherwise indicated on the map. 12.103 In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale appearing on the map. 12.104 In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district. PART THIRTEEN: ENFORCEMENT Section 13.1 The Provisions Of This Ordinance Shall Be Administered And Enforced By The Building Inspector Of The City. All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as maybe necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Building Inspector. 107 April 26, 2000 CITY OF GEORGEFowN ZONING ORDINANCE PART FOURTEEN: AMENDMENTS Section 14.1 Authority. The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries herein established. In addition, a comprehensive review of the Zoning Ordinance text and map shall be made by the City Planning and Zoning Commission at least every three (3) years, and a report and recommendation thereon shall be filed with the Mayor and City Council. The three year (3) time period shall commence upon the date of adoption of this Ordinance. Certain provisions of this ordinance are subject to "sunset' provisions as specified in the ordinances adopting those provisions. Section 14.2 Application and petitions for amendments or changes to the Regulations and/or District Map. 14.201 Any person, firm or corporation petitioning the City Council for a change in the Regulations or District Map shall do so upon forms provided for such purposes by the office of the Director of Development Services or other City office as directed by the City Council. All petitions or applications for changes in the Regulations or District Map shall be filed with the office of the Director of Development Services or other City office as directed by the City Council. [Section 14.201 as shown amended by Ordinance # 2000-22 ] 14.202 No action to amend, supplement, change, modify or repeal the Zoning Ordinance or the District Map relative to uses and special pemrits shall be final until there shall have been a public zoning hearing thereon with public notice of such hearing as herein required and as required by law. 14.203 Notice of such public zoning hearing on uses and special permits involving any such change in zoning shall be given by publication once in a newspaper of general circulation in the City of Georgetown, stating briefly the change or amendment to be considered at the hearing, and the time and place of the City Planning and Zoning Commission hearing, which time shall not be earlier than fifteen (15) days from the date of such publication. In addition to the said newspaper notice, written notice shall be given of the time and place of the hearing of said planning and Zoning Commission, stating the address of the property proposed for change or special permit and briefly the change or special permit that is to be considered. Such notice shall be sent to each of the owners of such land, as determined from the most recently approved City tax roll of all real property lying within 200 feet of the property on which the change in classification or a special permit is proposed. Such notice shall be given not less than fifteen (15) days before the date set for hearing April 26,2000 108 C.i ry of GEowrrowN ZONING ORDINANCE before the City Planning and Zoning Commission and shall be deemed to have been given when deposited in a United States Mail receptacle with postage prepaid and sent Certified Mail Return Receipt Requested. 14.2031 In addition to any other notices required, the applicant for a Special Permit or a change in the Regulations or District Map shall place on the property for which such Special Permit or change is applied a sign or signs as herein required for the purpose of further advertising the hearing as herein above required. Such signs shall be placed on the property involved not less than fifteen (15) days before the date set for said hearing, shall be no smaller than eighteen inches (18") wide by twenty-eight inches (28") long and shall display the current classification of the property and the classification sought, and the date, time and place of the Planning and Zoning Commission hearing along with such other information as may be determined necessary by the Director of Development Services. All such signs must be placed within ten feet (10') of each property line paralleling all established or proposed City streets, must be visible from that street and must be spaced at not more than three hundred foot (300') intervals. All required signs shall remain on the property until after final action by the City Council on the applicant's request but shall be removed by the applicant not later than five (5) days after such final action. Applicant shall use best efforts to maintain posting for a period of fifteen (15) days prior to the date of the first public hearing. Applicant shall notify the Director of Development Services of destruction or removal of said signs by vandals or by other causes removal beyond applicant's control, upon becoming aware of such damage, destruction or removal. When it becomes apparent that due public notice has been given, in whatever legal form, but it also appears that such signs have not been posted for a continuous period of fifteen (15) days prior to the first scheduled public hearing but were first posted within the time set out herein, the hearing may not be postponed due to lack of posting. [Section 14.2031 as shown amended by Ordinance # 2000-22 ] 14.2032 Any person who, without authority, intentionally, knowingly or recklessly removes, damages, destroys, or tampers with any sign placed on property as required by the above sections shall be guilty of a misdemeanor and upon conviction shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00). 14.204 The Public Meeting of the Planning and Zoning Commission shall be conducted pursuant to the rules or Order commensurate with proper conduct. No official action shall be taken at such meetings except that the Planning and Zoning Commission at such meetings shall prepare its written report to the City Council which shall contain its recommendations as to the action to be taken. 14.205 After receipt by the City Council of the recommendations of the City Planning and Zoning Commission, the City Council shall at either a regular or special meeting, act upon the proposed changes, amendments or Special Permits. Except as 109 April 26, 2000 CrrY of GEoitwrowN ZONING ORDINANCE hereinafter provided, a Majority vote of the City Council shall be required for passage of a proposed change, amendment, or Special Permit. In case however of a written protest against such change signed by the owners of twenty percent (20%) or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, or when the Planning and Zoning Commission has recommended to the Council that such proposed amendment, supplement, or change be denied, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council. 14.206 The Official Zoning Map of Georgetown shall be and is hereby designated as that Zoning Map of Georgetown bearing the original authenticating signature of the Mayor of said City and dated as of date of this Amendatory Ordinance. Said Official map shall be held in the custody of the City of Georgetown and be reasonably available for public observation. There shall be only one (1) such Official Zoning Map but for convenience copies thereof may be used and duplicated but each copy shall clearly show thereon in bold black print the following: "COPY OF ZONING MAP FOR GENERAL INFORMATION ONLY. SEE OFFICIAL ZONING MAP." [Section 14.2 shown as amended by Ordinance #83-16 and #84-50] Section 14.3 The only public notice to be given by newspaper publication is that required in the preceding sections dealing with proposed amendments relative to "use" and to "special permits". In all other respects, the City Council may amend, change, alter or rescind this Ordinance or any portion hereof in the same manner as its other Ordinances. In those instances where the Planning and Zoning Commission considers requests for changes, amendments and the like, such Commission shall make its recommendations known to the City Council, but no joint meetings of the City Council and Planning and Zoning Commission shall be required. Section 14.4 If the City Council fails to pass an Ordinance approving such proposed Special Permit, amendment, supplement, or change, then, in that event, a new application for such proposed Special Permit, amendment, supplement or change to the Zoning Ordinance shall not again be considered until after the expiration of six (6) months from the date such proposed amendment, supplement or change was rejected; provided, however, that such application may be reconsidered within the above mentioned six (6) months period if it be shown that a substantial change in conditions has taken place in the vicinity of the property sought to be rezoned or for which a Special Permit was requested. Section 14.5 Notwithstanding any of the provisions of this Ordinance, any owner of property that has been changed by this Ordinance to a more restricted zone, may, within six (6) April 26,2000 110 CITY of GEORGETOWN ZONING ORDINANCE months from the final passage of this Ordinance, apply for and receive a building permit for the construction of any use that was permitted in said zoning district prior to the adoption of this Ordinance. PART FIFTEEN: VIOLATION AND PENALTIES Any person who shall violate any of the provisions of this Ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or non-compliance be deemed guilty of a misdemeanor and shall be fined not more than Two Thousand dollars ($2000.00) and each day such violation shall be placed or shall exist, and any architect, builder, contractor, agent or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided. (Part Fifteen as shown amended by Ordinance # 2000-22 PART SIXTEEN: INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health conveniences, comfort, prosperity or general welfare. It is not intended by this Ordinance to interfere with abrogate or annul any easement, covenants or other agreements between parties, provided; however, that where this Ordinance imposes a greater restriction upon the use of buildings, or premises, or upon height of building or requires larger open spaces than are imposed or required by other Ordinances, rules, regulations or by easements, covenants or agreements, the provision of this Ordinance shall govern. PART SEVENTEEN: SAVINGS CLAUSE If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. 111 April 26, 2000 Crry of GEGRGETGWN ZONING ORDINANCE PART EIGHTEEN: DEFINITIONS Section 18.1 The following words, where used in this Ordinance, shall have the meaning thereof described as follows: 18.101 Words used in the present tense include the future. The singular number includes the plural and the plural the singular. 18.102 Accessory Building - A separate building devoted to an accessory use. 18.103 Accessory Use - A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. 18.104 Alley - Land dedicated to public use and devoted to secondary access to lots. 18.105 Basement - The part of a building from one floor to the next floor which has part, but less than one-half its height, below grade. If a basement is subdivided and used for dwelling purpose, it is counted as a story, a cellar is not. 18.106 Board - The Board of Adjustment. 18.106.a Buffer - any combination of space, vegetation, buildings, roadways, structures or other land uses that reduce the visual and acoustic impact of adjacent land uses on one another. 18.107 Build - To erect, convert, enlarge, reconstruct, or structurally alter a building or structure. 18.108 Buildable Width - The width of lot left to be built upon after the side yards are provided. 18.109 Building - Any structure built for use of persons or animals. 18.110 Cellar - The part of a building from one floor to the next floor above which has more than one-half its height below grade. If a basement is subdivided and used for dwelling purposes, it is counted as a story; a cellar is not. 18.110.a Child Care 1. Day Care - provision of regulated child care in a facility defined by the state as a day care center. 2. Home Child Care - provision of regulated child care in a facility defined by the state as a family home. 3. Intermediate Child Care - provision of regulated child care in a facility defined by the state as a group day care home. 4. Regulated Child Care - custodial care for more than three non-resident April 26,2000 112 CITY of GEORGEiowN ZONING ORDINANCE children under the age of 12 for more than one hour per day for two days per week and for five consecutive weeks. 18.111 City - City of Georgetown, Texas. 18.112 Development Site Plan - A detailed site layout plan containing sufficient information to evaluate the land use and architectural harmony of the proposed development including compatibility of the development with nearby areas. 18.113 District - A part of the City wherein regulations of this Ordinance are uniform. 18.114 Dwelling - A building used entirely for residential purposes. 18.115 Single -Family Dwelling - A building that contains one living unit. 18.116 Two -Family Dwelling - A building that contains only two living units. 18.117 Multiple Dwelling - A building that contains three or more living units. 18.118 Family - One or more persons related by blood, marriage or adoption occupying a living unit as an individual housekeeping organization. A family may include not more than four persons not related by blood, marriage, or adoption. 18.119 Final Plat - A plat submitted to the City of Georgetown in compliance with the City Subdivision Ordinance. 18.120 Flood Damage Prevention Development Permits - A permit issued by the Building Official of the City of Georgetown to a developer of land located on all or parts of an area of specified flood hazard (100 year flood plain) as required by Section 6-96 of the City Code. 18.121 Floor Area - The square feet of floor space within the outside line of walls and including the total of all floors of a building. It does not include porches, garages, or space in a basement or cellar not used for dwelling purposes. 18.122 Grade - The average level of the finished surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to used. If there is not sidewalk, the City Engineer shall establish the sidewalk grade. 18.123 Half -Story - The space under a sloping roof; all of which space must be at least three feet high, but not more than 60 percent of which floor area may be finished off for use. 113 April 26, 2000 Crry of GEORGETOWN ZONING ORDINANCE 18.124 Height of a Building - The vertical distance from the grade to: a) the highest point on a flat roof, b) the deck line of a mansard roof, c) the mean height between eaves and ridge for gable, hip and gambrel roofs. 18.125 Home Occupation - An accessory use; an activity carried on only by a resident member of a family meeting these conditions: a) Only one non -illuminated sign no larger than two square feet in area is used, b) Nothing is done to make the building appear in any way as anything but a dwelling, c) If some product is made as part of the activity, it and only it may sold. Nothing else can be sold, d) No one is employed outside the resident family, e) Mechanical equipment used is only that normally used in, or found in a single-family dwelling. 18.126 Hotel - A dwelling not consisting of living units and occupied by more than 20 persons. Apartment hotel is a multiple dwelling under resident supervision which maintains an inner lobby though which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels; such as drug store, barber shop, cosmetologist's shop, cigar stand, or news stand, when such uses are located entirely within a building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use. 18.127 Inert Architectural Materials - Planters, brick, stone, pebbles, aggregates, sand, prairie film, decorative walls, and fences, natural forms (driftwood, fossils, seashells, etc.), water forms and other non -living landscape features. Smooth concrete and asphalt are not approved for use in the required landscaped area. 18.128 Landscaped Area - That space within a proposed building site designed for the installation of plant materials plus any inert architectural materials that are commonly used for supporting and complementing ornamental plantings. Inert materials are not to constitute more than half of any required landscaped area. 18.129 Large Trees - Any tree having a seventy-two (72) inch circumference or larger, measured four and one-half (4 yz feet above the natural grade, or if branched below 4 %: feet measured at the narrowest trunk segment between the lowest branch and the natural grade, is considered in this Ordinance as a "Large Tree". April 26,2000 114 CITY of GEORGETOWN ZONING ORDINANCE [Section 18.129 as shown amended by Ordinance # 2000-22 ] 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 Manufactured Home - a structure constructed on or after June 15, 1976, in compliance with the rules and definitions of the United States Department of Housing and Urban development, that is transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. 18.132b Manufactured Home Park - a parcel of land under single entity ownership which has been planned and improved for the placement of one (1) or more manufactured homes and their accessory uses and service facilities. 18.132c. Manufactured Home Park Lease Space -an area designated within a Manufactured Home Park for placement of a housing unit. See also Lot, with the exception that off-street parking for each housing unit does not have to be located on the individual lease space, but rather within the park parcel. 18.132d. Manufactured Home Park Parcel - area of land that will accommodate a Manufactured Home Park. 18.133 Mature Trees - Trees with a thirty-six (36) inch circumference or larger, measured four and one-half (4'/2) feet above the natural grade or, if branched below 4'/2 feet, measured at the narrowest trunk segment between the lowest branch and the natural grade. All species of woody plants attaining a mature height over fifteen (15) feet and meeting the 36" circumference or greater requirement are "Mature Trees" for the purposes of this Ordinance, except that the members of the following genera or species are not protected: 1) Juniperus spp., ex. Ashe juniper 2) Populus spp., ex. Cottonwood 3) Platanus spp., ex. Sycamore 4) Celtis spp., ex. Hackberry 115 April 26, 2000 CITY of GwRGErowN ZONING ORDINANCE 5) Moms spp., ex. Mulberry 6) Melia azedarach L., Chinaberry 7) Acemegundo L., Boxelder 8) Sapium sebiferum L., Chinese Tallow 18.134 Mobile Home - a structure that was constructed before June 15, 1976, that is transportable in one or more sections, which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- conditioning, and electrical systems. 18.134a Mobile Home Park - a site with required improvements and utilities for long term parking or placement of mobile homes and manufactured houses which are not permanently anchored to a permanent foundation. 18.135 Model Home - a single family or duplex housing unit typical of the style available for sale in a particular subdivision, but used for display or sales of new residences. 18.136 Motel - An inn or group of cabins designed for occupancy by paying guests. 18.137 Office Building - A building designed for or used as the offices of professional, commercial, religious, public or semi-public persons or organizations provided that no goods, wares, or merchandise shall be prepared or sold on the premises. 18.138 Parking Space - An area on a lot sufficient in size to store one automobile (not less than nine (9) feet wide and twenty (20) feet long) connected to a public street or alley by a driveway not less than ten (10) feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile parked adjacent to the parking space. The parking space and connecting driveways shall be a hard, level surface on which vegetation cannot grow. 18.139 Planned Unit Development (PUD) - A land development project of five (5) acres or more, comprehensively planned as an entity via a unitary of housing types and compatible land uses, usable open spaces and preservation of natural features. It should be urban community that is superior in architectural and land use harmony to development under other district regulations. 18.140 Plant Materials - Living trees, shrubs, vines, ground covers, sod and flowering annuals, biennials and perennials adapted to the Georgetown soils and climate. 18.141 Preliminary Plat - A plat submitted to the City Subdivision Ordinance. 18.142 Premises - Land together with any buildings or structures occupying it. 18.143 Private Garage - A accessory building housing vehicles owned and used by April 26,2000 116 CrrY of GEGRGErowN ZONING ORDINANCE occupants of the main building. Where vehicles used by persons other than occupants are housed, the building is a storage garage. 18.144 Public Building - The term "public building" shall mean any building owner or used exclusively by the City, County, State or Federal Governments. 18.144a Recreational Vehicle -a vehicle or trailer equipped for use as a temporary dwelling and designed to be driven or hauled. 18.144b Residential Use —any structure which is used primarily for residential purposes. It may include such uses as a single family or duplex home or apartments, but does not include a residential use which is ancillary to a non-residential use such as caretakers quarters. 18.144c Residentially Zoned Property —A property zoned R -E, R -S, RM -1, RM -2, R -P, R -O or R -MH [Section 18.144 as shown amended by Ordinance # 2000-22 ] 18.145 Separate Tract - A parcel of land or a group of contiguous parcels of land under one ownership on the effective date of this Ordinance. 18.146 Sign - Any outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on the premises. 18.147 Story - The part of a building form one floor to the next floor above or to the ceiling if there is no floor above. 18.148 Street - Property dedicated for and accepted by the City for primary public access to lots. 18.149 Structure - Anything built that requires a permanent location. 18.150 Structural Alteration - Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete re -building of the roof or the exterior walls. 18.151 Townhouse or Rowhouse - A one or two- story structure containing three or more attached dwelling units, each having aground floor, and the dwelling units attached side to side by a common wall. 18.152 Trailer - See Recreational Vehicle. 18.153 Yard - An open space on the same lot as a building, except as provided herein it is unoccupied and unobstructed by a structure. 117 April 26, 2000 CYrY of GEORGETOWN ZONING ORDINANCE 18.154 Yard Width or Depth - Is the shortest horizontal distance from a lot line to the main building. 18.155 Front Yard - The area from one side lot line to the other side lot line and between the main building and the street on which the lot fronts. On corner lot (lots abutting on two or more streets at their intersections), the front yard shall face the shortest street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street. 18.156 Rear Yard - The area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard. 18.157 Side Yard - The area from the front yard line to the rear yard line and form the main building to a side lot line. [Section 18.1 amended as shown by Ordinance 96-51] April 26,2000 118 CITY GF GEORGETOWN ZONING ORDINANCE APPENDIX April 26,2000 119 GEORGETOWN PLANT LIST COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME LARGE TREES DECIDUOUS *Big Tooth Maple *Chinese Pistache *Ornamental Pear ('Aristocrat, Bradford') Osage Orange (native) (fruitless, thornless cultivars only) *Panicled Goldenrain Tree *Texas Red Oak (native) Western Soapberry (native) Lacebark Elm *Bald Cypress Bur Oak (native) Chinquapin Oak (native) Pecan (native) *Shumard Oak (native) *Caddo Maple *Cedar Elm EVERGREEN Afghan Pine Japanese Black Pine Deodar Cedar *Southern Live Oak Southern Magnolia Acer grandidentatum Pistachia chinensis Pyrus calleryana Malcure pomifera Koelreuteria paniculata Quercus buckleyi Sapindus drummondii Ulmus parvifolia Taxodium distichum var. distichum Quercus macrocarpa Quercus muehlenbergii Carya illinoinensis Quercus shumardfi Acer barbatum var. caddo Ulmus crassifolia Pinus eldarica Pinus thunbergiana Cedrus deodara Quercus virginiana Magnolia grandiflora ORNAMENTALTREES DECIDUOUS *Crape Myrtle Desert Willow Flowering Crabapple *Oklahoma Redbud (native) *Deciduous Holly (native) Mexican Plum Eve's Necklace Redbud *Japanese Maple Flameleaf Sumac Prairie Flameleaf Sumac EVERGREEN Little Gem Magnolia *Yaupon Holly Eldarica Pine LARGE SHRUBS DECIDUOUS Crape Myrtle An asterisk (*) denotes those plant materials whlch are particularly outstanding for this area. Lagerstroemia indica (cultivars) Chilopsis linearis Malus spp. Cercis canadensis var. texensis Illex decidua Prunus mexicana Sophora affinis Cercis canadensis var. canadensis Acer palmatum (cultivars) Rhus copallina Rhus lanceolata Magnolia grandiflora ('Little Gem) Ilex vomitoria Pinus eldarica Lagerstroemia indica (cultivars) 18 January 2000 GEORGETOWN PLANT LIST Page 1 of 3 COMMON NAME LARGE SHRUBS EVERGREEN " Blue Point Juniper Canaert Eastern Red Cedar "Hollywood Juniper Mary Nell Holly 'Ebbinges' Silverberry Foster's Holly 'Nellie R. Stevens Holly Yaupon Holly Thorny Elaeagnus Cleyera Wax Leaf Ligustrum Japanese Ligustrum Wax Myrtle Fraser's Photinia SMALL SHRUBS DECIDUOUS SCIENTIFIC NAME Juniperus chinensis var. chinensis Juniperus virginianana 'Canaertii' Juniperus chinensis var. chinensis 'Torulosa' Ilex cv. ('Mary Nell) Elaeagnus x ebbingei Ilex x attenuata 'Fosteri' Ilex cv. ('Nellie R. Stevens) Ilex vomitoria Elaeagnus pungens Ternstromia gymnanthera Ligustrum japonicum Ligustrum lucidum Myrica cerifera Photinia x 'frasen' 'Crimson Pygmy Barberry Berberis thunbergii 'Crimson Pigmy' Dwarf Crape Myrtle Lagerstroemia indica (dwarf cultivars) 'Semi -dwarf Crape Myrtle Lagerstroemia indica (semi -dwarf cultivars) Dwarf Burning Bush Euonymus Slate 'Compacta' Flowering Quince Chaenomeles speciosa 'Purple Leaf Japanese Barberry Berberis thunbergii 'Atropurpurea' Forsythia Forsythia x intermedia Pampas Grass Cortaderia selloana 'Rose -of -Sharon Hibiscus syriacus (cultivars) COMMONNAME SMALL SHRUBS DECIDUOUS (cont'd.) Vanhoutte Spiraea SEMI -EVERGREEN 'Dwarf Glossy Abelia 'Edward Goucher Abelia 'Glossy Abelia Japanese Garden Juniper Shore Juniper Dwarf Indian Hawthorn "Carissa Holly Dwarf Chinese Holly Dwarf Nandina 'Dwarf Yaupon Holly Compact Pfitzer Juniper Compact Nandina 'Dwarf Burford Holly `Japanese Aucuba Oregon Grape Agarita (native) Pfitzer Juniper 'Texas Sage 'Cleyera "Nandina Red Yucca An asterisk (') denotes those plant materials which are particularly outstanding for this area. SCIENTIFIC NAME Spiraea x vanhouttei Abelia x grandiflora (dwarf cultivars) Abelia cy. 'Edward Goucher' Abelia x grandillora Juniperus chinensis var. procumbens Juniperus conferta Raphiolepis indica (dwarf cultivars) Ilex cornuta 'Carissa' Ilex cornuta 'Rotunda' Nandina domestica (dwarf cultivars) Ilex vomitoria 'Nana' Juniperus chinensis var. chinensis ('Compact Pfitzer) Nandina domestica ('Compacta) Ilex cornuta ('Burfordii Nana) Aucuba japonica (cultivars) Mahonia aquifolium Mahonia trifollolata Juniperus chinensis var. chinensis 'Pfitzerana' Leucophyllum frutescens (cultivars) Ternstroemia gymnanthera Nandina domestica Hesperaloe parvitlora IS January 2000 GEORGETOWN PLANT LIST Page 2 of 3 COMMONNAME GROUND COVERS SCIENTIFIC NAME Creeping Juniper Juniperus horizontalis (cultivars) Gray Santolina or Lavender Cotton Santolina chamaecyparissus *Asiatic Jasmine Trachelospermum asiaticum Japanese Purple Honeysuckle Lonicera japonica "Purpurea' *Liriope or Lilly Turf Liriope muscari (cultivars) Purpleleaf Euonymus Euonymus fortunei 'Colorata' Ajuga or Carpet Bugle Ajuga reotans *English Ivy Hedera helix *Mondo Grass or Monkey Grass Ophiopogon japonicus Periwinkle or Vinca Vinca major VINES DECIDUOUS *Madame Galen Trumpet Creeper or Trumpet Vine Campsis x tagliabuana 'Madame Galen' Chinese Wisteria Wisteria sinensis Virginia Creeper (native) Parthenocissus quinquefolia *Boston Ivy Parthenocissus tricuspidata SEMI -EVERGREEN Lady Banksia Rose Sweet Autumn Clematis *Carolina Yellow Jessamine Cross Vine Rosa banksiae 'Lutea' Clematis paniculata Gelsemium sempervirens Bignonia capreolata COMMON NAME VINES (cont'd.) *Trumpet or Coral Honeysuckle (native) *English Ivy GRASSES Big Bluestem Bushy Bluestem Splitbeard Bluestem Sideoats Grama Inland Seaoats Common Bermuda Grass Seep Muhly Alamo Switch Grass Little Bluestem (local) Lometa Indian Grass St. Augustine Eastern Gama Grass Buffalo Grass GT_PLANTLIST.GmAm An asterisk (*) denotes those plant materials which are particularly outstanding for this area. SCIENTIFIC NAME Lonicera sempervirens Hedera helix Andropogon gerardii Andropogon glomeratus Andropogon ternarius Bouteloua curtipendula Chasmanthium latifolium Cynodon dectylon Muhlenbergia reverchonii Panicum virgatum 'Alamo' Schizachyrium scoparium Sorghastrum nutans 'Lometa' Stenotaphrum secundatum var. Raleigh Tripsacum dactyloides Buchloe dactyloides 18 January 2000 GRORORTOWN PLANT LIST Page 3 of 3