HomeMy WebLinkAboutORD 2020-08 - UDC AmendmentsORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, AMENDING CHAPTER 3, APPLICATIONS AND PERMITS, CHAPTER
5, ZONING USE REGULATIONS, AND CHAPTER 16, DEFINITIONS, OF THE
UNIFIED DEVELOPMENT CODE (UDC) RELATIVE TO ZONING VARIANCES
FOR SIGN AREA AND CERTAIN USES IN SPECIFIC ZONING DISTRICTS;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on March 11, 2003, the City Council of the City of Georgetown, Texas, adopted
a set of comprehensive development regulations known as the Unified Development Code
("UDC') via Ordinance No. 2003-16, which codified various zoning and subdivision standards;
and
WHEREAS, the City Council established a UDC Advisory Committee on November 12,
2013, to review proposed or requested amendments to the UDC other than executive
amendments, which are those amendments that are nondiscretionary, mandatory, or legislative
revisions to address state statutes or case laws, ratify published directors determinations,
incorporate recently approved Council ordinances, process City Council designated emergency
items, or address revisions otherwise determined necessary by legal counsel; and
WHEREAS, the City Council adopted Resolution 042418-X on April 24, 2018, adopting the
Unified Development Code (UDC) General Amendments List for 2018/19; and
WHEREAS, amendments relating to certain uses in specific zoning districts and sign area
variances were identified as Priority 1 in the 2018/19 UDC General Amendments List; and
WHEREAS, the UDC Advisory Committee conducted a Public Hearing on the proposed
amendment at their December 4, 2019 special scheduled meetings, and recommended approval
of the amendments with modifications to the City Council; and
WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the
proposed amendments at their January 7, 2020 regular scheduled meeting, and recommended to
the City Council approval of the amendments as recommended by the UDC Advisory
Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
ORDINANCE NO. ;1-02- 7 - 0'6 PAGE 1 OF 2
DESCRIPTION: PERMITTED USES AND SIGN AREA VARIANCE EXHIBITS A - C
DATE APPROVED: 1ANUARY 28 2020
SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance
implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and
further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other
policies or provisions of the 2030 Comprehensive Plan.
SECTION 2: Chapter 3, Applications and Permits, Chapter 5, Zoning Use Regulations, and
Chapter 16, Definitions, of the Unified Development Code (UDC) are hereby amended as
described in EXHIBITS "A" through "C".
SECTION 3: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4: If any provision of this Ordinance, or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be severable.
SECTION 5: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective on February 1, 2020, in accordance with the
provisions of State Law and the City Charter of the City of Georgetown.
APPROVED on First Reading this 14 day of January, 2020.
APPROVED AND ADOPTED on Second Reading this 28 day of January, 2020.
THE CITY OF GEORGETOWN:
Dale Ross
Mayor
Charlie McNabb
City Attorney
ATTEST:
Robyn Densnzore, TRMC
City Secretary
ORDINANCE NO. L Jam? 0— 0 V PAGE 2 OF 2
DESCRIPTION: PERMITTED USES AND SIGN AREA VARIANCE EXHIBITS A - C
DATE APPROVED: IANUARY 28, 2020
Exhibit A
Sign Variance
UDC Amendment No.18
Chapter 3 - APPLICATIONS AND PERMITS
SECTION 3.15. - ZONING VARIANCE AND SPECIAL EXCEPTION
Sec. 3.15.010. - Applicability.
A. Zoning Variance.
Printed on Jan. 6, 20
In accordance with the provisions of the Texas Local Government Code chs. 211 and 2-R216,
the Zoning Board of Adjustment (Board) shall have the authority to hear and grant requests
for a Variance from the zoning provisions and si ii re s.tlations of this Unified Development
Code. A Variance to the development standards of this Code shall be considered an exception
to the regulations, rather than a right.
A Zoning Variance differs from a Subdivision Variance, which applies to certain regulations
pertaining to subdivision of land and must be requested from the Planning & Zoning
Commission during the subdivision review process.
Sec. 3.15.020. - Zoning Variance and Special Exception Process.
E. Notice and Hearing.
1. The Zoning Board of Adjustment shall hold a public hearing for consideration of the
Zoning Variance or Special Exception request.,_ later t1ga.. 45 ealendaf. di ion the next
available rel;ular scheduled imedtig after the date of the application is filed.
2. Written notice of the public hearing for a Zoning Variance or Special Exception shall be
provided as set forth in Sections 3.03 _.,.a of this Code.
The applicant may appear at the hearing in person or by agent or attorney.
Sec. 3.15.030. - Criteria for Zoning Variance Review.
A. Required Findings.
The Zoning Board of Adjustment may authorize a Zoning Variance from the requirements
of the zoning provisions and sign regulaflow, _of this Unified Development Code if the
Added language is underlined Page 1 of 2 Chapter 3, Section 3.15
Deleted language is StFikethFOUgh
Exhibit A
Sign Variance
UDC Amendment No.18
Printed on Jan. 6, 20
Variance from the terms of the zoning provisions is not contrary to the public interest and,
due to special conditions, a literal enforcement of the requirements would result in
unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done.
No Zoning Variance shall be granted unless the ZBA finds all of the following:
D. Limitation on Variances for Signs.
Ne Vai-ianse fei- a sign the overall per-mitted area of a sign. Sign i-e4a
,.
Festfietions.No Variance application(s) shall be accepted for prohibited signs listed in Section
10.04 ("Signs Prohibited Under this Code").
Added language is underlined Page 2 of 2 Chapter 3, Section 3.15
Deleted language is StFik g;
Exhibit B
Zoning Use Regulations
UDC Amendment No. 12 & 13 Printed on Dec. 31, 19
Chapter 5 - ZONING USE REGULATIONS
SECTION 5.04. - COMMERCIAL USES
Sec. 5.04.010. - Commercial Uses Allowed by District.
The following use table presents the commercial uses that are allowed in each zoning district, in
accordance with all standards and regulations of this Code. Certain uses are allowed with
limitations detailed in Section 5.04.020. The 'Notes' column of the use table contains direction on
the specific limitation of the particular use.
Table 5.04.010: Commercial Uses
Specific Use AG RE RL RS TF TH 1 MF1 MF2 MH I CN C1 C3 OF BP IN PF MUDT MU Notes
Commercial Sales and Services
Office/Showroom — — — — — — - — P P
Automotive Sales and Services
Towing Services
and Impound — — — — — — — -- -- — — — — — PL — — — AB
Lots
Sec. 5.04.020. - Commercial Use Limitations.
All commercial uses shall meet any applicable provisions of the City Code of Ordinances, in
addition to the following limitations. Outdoor display and storage requirements, if applicable,
shall be met in accordance with Section 5.09.
IAA. Office/Showroom.
Added language is underlined Page 1 of 5 Chapter 5
Deleted language is StFi g
Exhibit B
Zoning Use Regulations
UDC Amendment No. 12 & 13
Printed on Dec. 31, 19
An Office Showroom is permitted in accordance witli Table 5.04.010 and subject to the
followine standards and limitations:
1. Warehousing facilities shall be incidental to the primary use and shall not exceed
50 percent (50'%) of the total floor area.
2. Outdoor storage may be iermitted in accordance with Section 5.09 of this Code.
AB. Towing Services and Impound Lots.
A Towin Y Services and I 120Lind Lot use nnav be 12ormitted in accordance with Table
5.04.O1O and subject to the following standards and limitations:
1. All motorized vclzicles, to inchide operable or repairable motor vehicles that have
been towed repossessed, or otherwise in the care and ctistody of they operator of
the lot. shall Lie on an approved paved surface.
2. Any other outdoor storage may beperm itted in accordance with Section 5.09 of this
Code.
SECTION 5.06. - INDUSTRIAL USES
Sec. 5.06.010. - Industrial Uses Allowed by District.
The following Use Table presents the industrial uses that are allowed in each Zoning District, in
accordance with all standards and regulations of this Code.
Table 5.06.010: Industrial Uses
Specific Use I AG i RE i RL � RS i TF i TH ! MF1' MF2 MH I CN ; C1 � C3 ;OF BP i t N PF MUDT ; MU ' Note s
Contractor
P
Services, Limited
Contractor r r r T _ _ p
Services, General S
Office/Warehouse — — — — P P — — D
Added language is underlined Page 2 of 5 Chapter 5
Deleted language is stFi - ug
Exhibit B
Zoning Use Regulations
UDC Amendment No. 12 & 13 Printed on Dec. 31, 19
Wrecking, Scrap _ u _ _ _ _ _ _ _ _ _ S
or Salvage Yard
Storage_ Yard L E
Sec. 5.06.020. - Industrial Use Limitations.
All industrial uses shall meet any applicable provisions of the City Code of Ordinances.
Outdoor display and storage requirements, if applicable, shall be met in accordance with
Section 5.09.
A_ RPRPrvt-d-
B. Contractor Services, Limited_.
Contractor 5er%,ices, Limited is 12ortnitted in accordance with 'fable 5.06.010 and sub�ect
to the following standards and limitations:
]. Parking s aces shall be provided for fleet veNcIcs in addition to the minimum
number of parking spaces required per Chapter 9 of this Code.
2. Parking of fleet vehicles sliall comply willi the Outdoor Storage, U111ited
Muirements of Section 5.09 of this Code.
3. When the outdoor store ge area is gated, a IniIli muni of two vehicle sta eking Space
from the kev code box shall be 12rovided. Vehicle stackinV. sj2aces shall comply with
Section 9.04.020 of this Code.
C. Contractor Services, General.
Contractor Services General is permitted in accordance with Tabie 5.06.0 0 and stibject
to the following standards and limitations:
1. Outdoor storage shrill be incidental to the primary use anal may be permitted ii1
accordance with Section 5.09 of this Code.
2. Outdoor storage may be increased to 50% of the total site area 12rovided the
outdoor stora e- area is not located adjacent to a )Liblic street residential zoned
property, an existm sin le-fanifl home in the ETI that is platted or designated for
residential use on the Future Land Use 1VIa or a public ark_
3. When outdoor stora a is proposed to be located ad'acent to a public street
residential zoned 12 roper!,roper!,y, an existing sin ►le-fipmiIv home in the ETI that is ]atted
Added language is underlined Page 3 of 5 Chapter 5
Deleted language is s`F"( gh
Exhibit B
Zoning Use Regulations
UDC Amendment No. 12 & 13
Printed on Dec. 31, 19
or designated for residential use o]i the Future La.rid Use Map, or a -Liblic )ark
articulation shall be provided for the screening wall or fence by one of the
following:
a. Masonry columns or similar cokrmn effect as approved by the Director,
using different niateria[5 than the wall _siiaced rio more than ITS feet g7 rt;
or
b. Variatio]is.]n de tl, achieved tither through offsets of at least five feet dee
last material groupfiigs, breaks in wails or other variations as a p)ro ved
by the Director, occurrhig every 80 feet
4. Fleet vehicles siiall be parked in the sa]iie Area as the designated outdoor storage to
be screened froin the public.
5. When the o].rtdoor stoTa e area is gated, a ]n.iniii-Lw i (if two vehicle stacki]i 7 s acts
from tiic key code box shall be V rovided. Vehicle st a cki iig spaces shall con 1 v witli
Section 9.04.020 of this Code.
D. Office/Warehouse.
OfficelWarehouse is permitted in accordance with Table 5.06.010 and subject to the
followin S standards and limitations:
1. The priiiiary entrance sliall be located in the office porliori of the building.
2. The warehouse portion may not exceed -more than 50%. of the front bLidding facade.
3. Access to die loidi]i r a]id storage areas shall be limited to the side or rear o.]f the
building.
E. Storage Yard.
Story ge Yard is perniitted in accordance with Table 5.06.010 quid sub'ecl to the
foliowirig staridards_and limitations:
1. All equsgrnerit, material and arky ether outdoor storage shall be located on an
� � rya avCd _}781+L'd Sl]rfciee.
2. All equipment ntateri l arid an), ether outdoor storage shall con 1 > with the
setback rec uirenients of the district and the landscape, standards of Section 8.04 of
this Code.
Added language is underlined Page 4 of 5 Chapter 5
Deleted language is stFik gh
Exhibit B
Zoning Use Regulations
UDC Amendment No. 12 & 13
Printed on Dec. 31, 19
a. For vi' oses of this Subsection street yard trees shall be provided bcl►vocn
the screen wall and the street lot line.
3. When outdoor staraW--. is proposed to be located adjacent to 0 latiblic street,
residential zoned property, an existing single-family home in the ETI that is platted
or desigynated for residential use on the Future Land Use Map, or a �)Liblic }dark,
articulation shall be provided for the screening wail or fence by one of t11e
following:
a. Masonry columns or similar coltim_ne_ffect as approved. by the Director,
tising different materials than the wall spaced no more than 125 feet apart;
or
b. Variations in dei2th aciiieved cither through offsets of at least five fotj deep,
lant material rou yin s breaks in walls, or other variations is approved
by the Director, ocairrin ,, every 80 feet
4, When outdoor storage areas are stated, a miniinunt of two vehicle stacking svaces
From the key code box shall be provided. Vehicle stacking spaces shall corn RIy with
Section 9.04.020 of this Code.
5. Outdoor storage shill .torn 121y with the reytiireme.nts of Section 3.09 of this Code.
Added language is underlined Page 5 of 5 Chapter 5
Deleted language is StFik g;
Exhibit C
Zoning Use Regulations
UDC Amendment No. 12 & 13
Chapter 16 - DEFINITIONS
SECTION 16.01. - GENERAL
SECTION 16.02. - DEFINITIONS
The following definitions describe terms found in this Code.
Printed on Jan. 6, 20
Contractor Services, Limited. An establishment primarily engaged in construction or related
activities off -premises. This use is limited to the offices associated with the business and the
indoor incidental storage of supplies, and excludes the on -site maintenance or storage,
temporary or otherwise, of equipment, q machinery—,ep ••• es. .
aid.
Office/Showroom. An establishment with both a business office and associated showroom for
display of sample goods or services to be delivered or performed off -premises. Catalog and
telephone sales facilities are appropriate. Incidental retail sales of products associated with the
primary products and/or services is permitted. snrR••ehousijig fad iEes �i ^" be ineide~tal to g.e
.. iiia y ise and shall not exceed 50 per-eent (50 ) of the t. tal flee..~rarea. This designation does
not include contractor's shop or storage yard.
Office/Warehouse. A business office with an associated small small-scale warehouse
tv[aically located at the rear of the space for the purposes of storing materials needed to supply
service off -site. This use can accommodate trades such as plumbers or electricians, as long as
there is no processing, manufacturing, fabrication or outside storage of materials on site.
Stone, Mulch or Dirt Sales Yard. A typically outdoor facility that stores and conducts retail
sales of dirt, mulch, stone, or other material commonly sold to an individual or contractor.
Storage Yard. A facility primarily used for outdoor storage of equipment
and materials.
+etal site
Added language is underlined Page 1 of 1 Chapter 16
Deleted language is StFik g;