Angleton City Zoning Code

ARTICLE III

- ZONING DISTRICTS

Sec. 28-41. - Zoning districts established.

(a)

The City of Angleton, Texas is hereby divided into the following zoning districts. The use, height, area regulations, and other standards, as set out herein apply to each district. The districts established herein shall be known as:

Abbreviated Designation	Zoning District Name
Base Districts
AG	Agricultural
SFE-20	Single-Family Estate Residential-20 (minimum 20,000 square-foot lots)
SF-10	Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-7.2	Single-Family Residential-7.2 (minimum 7,200 square-foot lots)
SF-6.3	Single-Family Residential-6.3 (minimum 6,300 square-foot lots)
SF-5	Single-Family Residential-5 (minimum 5,000 square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
2F	Two-Family Residential (duplex homes)
SFA	Single-Family Attached Residential (townhomes)
MFR-14	Multifamily Residential-14 (apartments - maximum 14 units/acre)
MFR-29	Multifamily Residential-29 (apartments - maximum 29 units/acre)
MFR-36	Multifamily Residential-36 (apartments - maximum 36 units/acre)
MH	Modular Homes
C-N	Commercial - Neighborhood
C-MU	Commercial - Mixed-Use
C-G	Commercial - General
C-OR	Commercial - Office/Retail
CBD	Central Business District
LI	Light Industrial

Overlay Districts
PD	Planned Development
SUP	Specific Use Permit

(b)

A summary of the area regulations for the following zoning districts is included within appendix B.

(c)

Certain terms and definitions used within this chapter can be found in section 28-112.

(Ord. No. 2009-O-4A, §§ (III)(13)(13.1—13.3), 4-14-09; Ord. No. 2016-O-6B, § 2, 6-14-16)

Sec. 28-42. - AG—Agricultural district.

(a)

General purpose and description: The AG—Agricultural, district is designed to permit the use of land for the ranching, propagation and cultivation of crops and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district. Territory that has been newly annexed into the city is initially zoned agricultural until it is assigned another zoning district. It is anticipated that agricultural zoned land will eventually be rezoned to another zoning classification in the future. The agricultural district is also appropriate for areas where development is premature due to lack of utilities or city services; to preserve areas that are unsuitable for development due to problems that may present hazards such as flooding, in which case the AG zoning designation should be retained until such hazards are mitigated and the land is rezoned; and to provide permanent greenbelts or to preserve open space areas as buffers around uses that might otherwise be objectionable or pose environmental or health hazards.

(b)

Permitted uses:

(1)

Those uses listed for the AG—Agricultural district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building/house.

Forty-five feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than 100 feet from any front, side or rear property line.

Twenty-five feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: Five acres (217,800 square feet).

Minimum lot width: 100 feet.

Minimum lot depth: 150 feet.

(2)

Size of yards:

Minimum front yard: 80 feet.

Minimum side yard: 40 feet for interior side yard; 80 feet for a corner lot on a street.

Minimum rear yard: 80 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Single-family dwelling unit: A minimum of two parking spaces on the same lot as the main structure and on a paved driveway having a minimum length of 25 feet as measured from the street right-of-way line.

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 40 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 25 feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be 25 feet.

(5)

Swimming pools: See section 28-110.

(6)

A site plan shall be required for any development that will include: 1) a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.); 2) a golf course; and/or 3) a gated (restricted access) entrance into the development. In these instances, site plan submission and approval will be required for these elements (a site plan showing the entirety of the proposed subdivision is not required). Site plan submission and approval shall be in accordance with subsection 28-63(d), but shall not require a public hearing as required by subsection 28-63(d)(5).

(7)

Any nonresidential land use or structure which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(14)(14.1—14.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13)

Sec. 28-43. - SFE-20—Single-family estate residential-20 district.

(a)

General purpose and description: The SFE-20—Single-Family Estate Residential-20, district is intended to provide for development of primarily low-density detached, single-family residences on lots of not less than 20,000 square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SFE-20 district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the SFE-20 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 125 feet.

(2)

Size of yards:

Minimum front yard: 40 feet.

Minimum side yard: Ten feet for interior side yard; 20 feet for a corner lot; 30 feet for a key corner lot.

Minimum rear yard: 25 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-14.

(6)

Maximum impervious surface coverage: 50 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(15)(15.1—15.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-44. - SF-10—Single-family residential-10 district.

(a)

General purpose and description: The SF-10—Single-Family Residential-10, district is intended to provide for development of primarily low-density detached, single-family residences on lots of not less than 10,000 square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SF-10 district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the SF-10 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 10,000 square feet.

Minimum lot width: 80 feet.

Minimum lot depth: 110 feet.

(2)

Size of yards:

Minimum front yard: 40 feet.

Minimum side yard: Ten feet for interior side yard; fifteen feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 25 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(16)(16.1—16.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-45. - SF-7.2—Single-family residential-7.2 district.

(a)

General purpose and description: The SF-7.2—Single-Family Residential-7.2, district is intended to provide for development of primarily detached, single-family residences on smaller and more compact lots of not less than 7,200 square feet in size, churches, schools and public parks in logical neighborhood units. Areas zoned for the SF-7.2 district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the SF-7.2 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 7,200 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet, zero inches for interior side yard; 30 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 20 feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(17)(17.1—17.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-46. - SF-6.3—Single-family residential-6.3 district.

(a)

General purpose and description: The SF-6.3, Single-Family Residential-6.3, district is intended to provide for development of primarily detached, single-family residences on small, compact lots of not less than 6,300 square feet in size in logical neighborhood units.

(b)

Permitted uses:

(1)

Those uses listed for the SF-6.3 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet, zero inches for interior side yard; 15 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: Twenty feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(18)(18.1—18.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-47. - SF-5—Single-family residential-5 district.

(a)

General purpose and description: The SF-5—Single-Family Residential-5, district is intended to provide for development of primarily detached, single-family residences on small, compact lots of not less than 5,000 square feet in size in logical neighborhood units.

(b)

Permitted uses:

(1)

Those uses listed for the SF-5 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 5,000 square feet.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet for interior side yard; 15 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 15 feet for the main building; 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(19)(19.1—19.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-48. - SF-PH—Single-family residential—Patio home district (Zero-lot-line homes).

(a)

General purpose and description: The SF-PH—Single-Family Residential-Patio Home, district is designed to provide for development of primarily detached single-family residences on compact lots having one side yard reduced to zero feet (i.e., "zero-lot-line"), and having not less than 5,000 square feet. Patio home developments shall be arranged in a clustered lot pattern with a common usable open space system that is an integral part of the development. Areas zoned for the SF-PH district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the SF-PH district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 5,000 square feet.

Maximum project size: The maximum size of a patio home development shall be 40 acres.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet to the garage door face for front-entry homes.

Minimum side yard: One side yard reduced to zero feet; other side yard a minimum of ten feet required with 15 feet required on corner lots adjacent to a residential or collector street, and 20 feet required on corner lots adjacent to an arterial street; 20 feet for a key corner lot on any street.

Minimum rear yard: Ten feet for the main building and any accessory building(s); 25 feet for rear entry garage.

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading requirements.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 70 percent.

(e)

Special requirements:

(1)

Patio home developments shall be developed as zero-lot-line homes. One side yard shall be reduced to zero feet, while the other side yard shall be a minimum of ten feet; 15 feet for a corner lot on the residential or collector street side, or 20 feet for a corner lot on an arterial street. A minimum five-foot wide maintenance and utility easement shall be placed on the adjacent lot (i.e., the other side of the zero-lot-line) to enable the property owner to maintain that portion of his/her house that is on the zero-lot-line. Side yards and maintenance and utility easements shall be shown on the subdivision plat. A minimum separation between patio homes of ten feet shall be provided. Roof overhangs will be allowed to project into the maintenance and utility easement a maximum of 24 inches, but the maintenance and utility easement shall remain reasonably accessible to the adjacent homeowner to perform maintenance and repairs to all portions of the exterior of his/her home. No accessory building, pool, or stored materials (e.g., firewood, garden or construction materials, etc.) shall be located or stored within the maintenance easement; wooden decking may be located within the maintenance easement.

(2)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and facilities.

(3)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-5 zoning district.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(5)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

Homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 25 feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be 25 feet.

(8)

Swimming pools: See section 28-110.

(9)

(10)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(11)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(20)(20.1—20.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-49. - 2F—Two-family residential district (Duplex homes).

(a)

General purpose and description: The 2F—Two-Family Residential, district is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of each of the two-family or duplex units is encouraged. This district is typically used as a "buffer" or transition district between lower density residential areas and higher density or nonresidential areas or major thoroughfares. Areas zoned for the 2F district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns which discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the 2F district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots for two-family/duplex homes:

Minimum lot area: 10,000 square feet per pair of dwelling units; 5,000 square feet per dwelling unit.

Minimum lot width: 80 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards for two-family/duplex homes:

Minimum front yard: 35 feet; 35 feet to the garage door face for front-entry homes.

Minimum side yard: Five feet required with 15 feet required on corner lots adjacent to a residential or collector street, and 20 feet required on corner lots adjacent to an arterial street; 25 feet for key corner lot on any street.

Minimum rear yard: 25 feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for exceptions.)

(3)

Parking regulations:

A minimum of two parking spaces for each dwelling unit on the same lot as the main structure and on a paved driveway having a minimum length of 25 feet as measured from the street right-of-way line.

Also see section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit for two-family/duplex homes: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-6.3 zoning district.

(2)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(3)

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.

(4)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(5)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(6)

Single-family and two-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 25 feet from the door face of the garage or carport to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be 25 feet.

(7)

Swimming pools: See section 28-110.

(8)

(9)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(10)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(21)(21.1—21.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-50. - SFA—Single-family attached residential district (Townhomes).

(a)

General purpose and description: The SFA—Single-Family Attached Residential, district is intended to promote stable, quality, attached-occupancy residential development on individual lots at higher residential densities. Individual ownership of each lot and dwelling unit is encouraged. This district may be included within certain areas of neighborhoods or, when in accordance with the intent of the comprehensive plan, may provide a "buffer" or transition district between lower density residential areas and multifamily or nonresidential areas or major thoroughfares. Areas zoned for the SFA district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns which discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the SFA district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building or house.

One story for other accessory buildings, including detached garage, carports, garden shed, gazebo, clubhouse, mail kiosks, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 2,500 square feet.

Maximum density: Ten units per gross acre of land area within the development.

Maximum project size: The maximum size of a single-family attached residential development shall be 25 acres.

Minimum lot width: 20 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 15 feet; front yard setbacks shall be staggered in at least four-foot increments such that no more than two units have the same front setback in a row; no front-entry garages permitted unless the garage door or carport access opening is set back at least 20 feet from the property line (i.e., the right-of-way or street easement line).

Minimum side yard:

Single-family attached dwellings shall not have an interior side yard; however, a minimum ten-foot side yard is required for a corner lot adjacent to a residential street or alley that only serves lots within the SFA subdivision, a minimum 15-foot side yard is required for a corner lot adjacent to a residential or collector street serving lots outside the SFA subdivision, a minimum 20-foot side yard is required for a corner lot adjacent to an arterial street. The ends of any two adjacent building complexes or rows of buildings shall be at least 15 feet apart.

A complex or continuous row of attached single-family dwellings shall have a minimum length of four dwelling units (quadriplex), a maximum length of eight dwelling units.

Minimum rear yard: 15 feet for the main building and any accessory building(s); 20 feet for rear entry garage.

(3)

Maximum lot coverage: 70 percent by main and accessory buildings on each individual lot.

(4)

Parking regulations:

A minimum of two parking spaces for each dwelling unit, located in front, behind, beside or incorporated into the dwelling unit and located on the same lot as each dwelling unit (see section 28-101, off-street parking and loading requirements).

Designated visitor parking spaces shall be provided in off-street, common areas at a ratio of one guest/visitor space per four units. SFA developments that include a two-car garage or carport and driveway area equivalent to two additional parking spaces on each lot are not required to provide visitor parking spaces.

Additional parking shall be required for any recreational uses, clubhouse, office, sales offices and other similar accessory structures and uses.

(5)

Minimum floor area per dwelling unit: 800 square feet of air-conditioned floor area.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and facilities.

(2)

Streets. Two-way streets that serve 25 or fewer lots within a SFA development shall provide a 50-foot right-of-way and a 28-foot wide roadway. One-way streets that serve 25 or fewer lots within a SFA development shall provide a 20-foot right-of-way and a 14-foot wide roadway. All street corners and curves shall be designed to accommodate access by a fire truck. Streets may be privately owned or, if constructed to city standards, publicly dedicated streets. Streets serving more than 25 lots shall comply with the normal standards for residential, collector or arterial streets.

(3)

Refuse facilities. Solid waste disposal services may be provided individually to each unit in the development in the same manner as other single-family developments or through the use of a common refuse facility. A common refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk from more than one dwelling. All common refuse containers shall be maintained in accordance with local public health and sanitary regulations. Common refuse facilities shall be located no closer than 30 feet to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies and shall be screened in accordance with subsection 28-104(b)(7) of this chapter (see illustrations 16 and 17 for refuse container enclosure diagrams).

(4)

All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

(5)

Any residential development of a lower density than provided for in SFA districts is allowed here provided such development is in accordance with the applicable district regulations of such lower density uses.

(6)

Each SFA lot shall contain a private yard with not less than 300 square feet of area (i.e., a back yard or large side yard). Private yards may include a patio cover, gazebo or other similar non-enclosed structure which does not cover more than 25 percent of the area of the private yard, and they may also include a swimming pool, swing set, play fort, or other private leisure amenity.

(7)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(8)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(9)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(10)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(11)

(12)

A site plan shall be required for any SFA development, or for any other type of development in the SFA district that will include: 1) a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.); 2) a golf course; and/or 3) a gated (restricted access) entrance into the development. In these instances, site plan submission and approval will be required for these elements (a site plan showing the entirety of the proposed subdivision is not required). Site plan submission and approval shall be in accordance with subsection 28-63(d), but shall not require a public hearing as required by subsection 28-63(d)(5).

(13)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards. All buildings within a nonresidential development shall be architecturally compatible with each other, in that they shall use similar exterior finish colors and materials to achieve an overall, visually compatible appearance when viewed from the road.

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(16)

Screening requirements. A screening fence along shared property lines between SFA districts and other single-family zoning districts shall be required. Said screening fence shall comply with the requirements of section 28-104.

(Ord. No. 2009-O-4A, §§ (III)(22)(22.1—22-5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2015-O-11A, § 2, 11-10-15; Ord. No. 20190910-009, § 2, 9-10-19)

Sec. 28-51. - MFR-14—Multifamily residential-14 district (Apartments).

(a)

General purpose and description: The MFR-14—Multifamily Residential-14, district is an attached residential district intended to provide moderate residential density of up to 14 dwelling units per acre. The principal permitted land uses will include low-rise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between nonresidential development or heavy automobile traffic and medium- or low-density residential development. Areas zoned for the MFR-14 district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved drive aisles with logical and efficient vehicular circulation patterns; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the MFR-14 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two stories, and not to exceed 35 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 3,000 square feet per dwelling unit, not to exceed 14 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet to the garage door face for front-entry homes.

Minimum side and rear yard: 15 feet, unless adjacent to a single-family, duplex, patio home or single-family attached district then side and rear setbacks shall be according to the height of the multifamily building, as follows:

One-story building: 25 feet.

Two-story building: 50 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air-conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One space for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

Refuse facilities: Every multifamily dwelling unit shall be located within 200 feet of a refuse facility, measured along the designated pedestrian travel way. A refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk for more than one dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse containers shall be located no closer than 30 feet to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies, and shall be screened in accordance with subsection 28-104(b)(7). (See illustrations 16 and 17 for refuse container enclosure diagrams).

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

A four-foot wide ADA paved walkway shall connect the front door of each ground floor unit to a parking area. The minimum width of any sidewalk adjacent to head-in parking spaces shall be six feet to accommodate a two-foot bumper overhang for vehicles.

(9)

Buildings shall not exceed 200 feet in length.

(10)

Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize vehicle parking areas are provided. This parking area shall not be used to meet the minimum parking requirements, and shall not be visible from a public street.

(11)

All buildings containing residential units shall provide signage that clearly identifies the numbers (i.e., addresses) of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

A site plan shall be required for any MFR development, or for any other type of development in the MFR-14 district that will include: 1) a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.); 2) a golf course; and/or 3) a gated (restricted access) entrance into the development. In these instances, site plan submission and approval will be required for these elements (a site plan showing the entirety of the proposed subdivision is not required). Site plan submission and approval shall be in accordance with subsection 28-63(d), but shall not require a public hearing as required by subsection 28-63(d)(5).

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(23)(23.1—23.6), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20190910-010, §§ 2, 3, 9-10-19; Ord. No. 20191112-008, § 2, 11-12-19; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-52. - MFR-29—Multifamily residential-29 district (Apartments).

(a)

General purpose and description: The MFR-29—Multifamily Residential-29 district is an attached residential district intended to provide high residential density of up to 29 dwelling units per acre. The principal permitted land uses will include low-rise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between nonresidential development or heavy automobile traffic and medium- or low-density residential development. Areas zoned for the MFR-29 district shall have, or shall make provision for City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved drive aisles with logical and efficient vehicular circulation patterns; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the MFR-29 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 1,500 square feet per dwelling unit, not to exceed 29 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All areas adjacent to a street shall be deemed front yards. See section 28-106 for additional setback requirements.

One-story building: 25 feet.

Two-story building: 50 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One and a half spaces for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

A site plan shall be required for any MFR development, or for any other type of development in the MFR-29 district that will include: 1) a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.); 2) a golf course; and/or 3) a gated (restricted access) entrance into the development. In these instances, site plan submission and approval will be required for these elements (a site plan showing the entirety of the proposed subdivision is not required). Site plan submission and approval shall be in accordance with subsection 28-63(d), but shall not require a public hearing as required by subsection 28-63(d)(5).

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(24)(24.1—24-5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20190910-010, § 4, 9-10-19; Ord. No. 20191112-008, § 3, 11-12-19; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-53. - MFR-36—Multifamily residential-36 district (Apartments).

(a)

General purpose and description: The MFR-36—Multifamily Residential-36 district is an attached residential district intended to provide the highest residential density of up to 36 dwelling units per acre. The principal permitted land uses will include low-rise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between nonresidential development or heavy automobile traffic and medium- or low-density residential development. Areas zoned for the MFR-36 district shall have, or shall make provision for City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved drive aisles with logical and efficient vehicular circulation patterns; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the MFR-36 district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 1,200 square feet per dwelling unit, not to exceed 36 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 40 feet. All areas adjacent to a street shall be deemed front yards. See section 28-106 for additional setback requirements.

One-story building: 25 feet.

Two-story building: 50 feet.

Over two-story building: 75 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Over two-story buildings (or an over two-story building adjacent to a one- or two-story building): 25 feet for buildings with or without openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One and a half spaces for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

A site plan shall be required for any MFR development, or for any other type of development in the MFR-36 district that will include: 1) a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.); 2) a golf course; and/or 3) a gated (restricted access) entrance into the development. In these instances, site plan submission and approval will be required for these elements (a site plan showing the entirety of the proposed subdivision is not required). Site plan submission and approval shall be in accordance with subsection 28-63(d), but shall not require a public hearing as required by subsection 28-63(d)(5).

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(25)(25.1—25.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20190910-010, § 5, 9-10-19; Ord. No. 20191112-008, § 4, 11-12-19; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-54. - MH—Manufactured home district.

(a)

General purpose and description: The MH, Manufactured Home, district is a detached residential district establishing standards for the development of HUD-Code manufactured home parks and subdivisions. HUD-Code manufactured home subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured home units. A manufactured home park offers spaces for the placement of manufactured home units on a lease or rental basis. The manufactured home district establishes area and design requirements for parks and subdivisions, as well as yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreage and number of units contained. Areas zoned for the MH district shall have, or shall make provision for, City of Angleton water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.

(b)

Permitted uses:

(1)

Those uses listed for the MH district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Area regulations:

(1)

Size of yards (for each space within manufactured home park or subdivision):

Minimum front yard: 25 feet from a dedicated street; 15 feet from any private street or drive. See section 28-106 for additional setback requirements.

Minimum side yard: Ten feet; 20 feet between units; 20 feet from zoning district boundary line; 15 feet for a corner lot on a residential or collector street, and 20 feet for a corner lot on an arterial street.

Minimum rear yard: Ten feet; 20 feet from any zoning district boundary line.

If a garage is provided, the entry (i.e., door) side of the garage shall have a 25-foot setback as measured from any property or street right-of-way line.

(2)

Size of space (for each space within a manufactured home park):

Minimum lot area: 4,000 square feet per unit.

Minimum lot width: 40 feet.

Minimum lot depth: 100 feet.

(3)

Minimum floor area per dwelling unit: 800 square feet.

(4)

Maximum lot coverage: 50 percent for main building/unit plus any accessory buildings.

(5)

Parking regulations: Two spaces per unit located on the same lot as the unit served (see section 28-101, off-street parking and loading) line.

(6)

Area for manufactured home park: Minimum project area five acres; maximum project area 25 acres.

(7)

Maximum height limit:

Two and one-half stories, and not to exceed 36 feet, for the main building/house.

One story for other accessory buildings, including detached garages, carports, management office, clubhouse, gazebo, mail kiosks, etc.

Other requirements (see section 28-106).

(8)

Minimum exterior construction standards: None (manufactured homes only - all other structures shall conform with section 28-105).

(9)

Maximum impervious surface coverage: 60 percent.

(d)

Supplemental requirements for manufactured home parks:

(1)

Tenant parking: Each parking space shall be an approved all-weather surface, in accordance with city standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured homes and for public parking in the park (see section 28-101, off-street parking and loading requirements).

(2)

Visitor and supplemental parking: Manufactured home parks that provide a paved parking area on each lot that accommodates fewer than four parking spaces (with spaces stacked no more than two parking spaces deep) shall provide visitor and supplemental parking in accordance with the following requirements:

Two visitor parking spaces for every three manufactured home spaces. No manufactured home lot shall be situated further than 150 feet from a visitor space.

One supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four manufactured home spaces. Supplemental parking spaces may be located anywhere within the manufactured home park.

Each visitor and/or supplemental parking space will be not less than nine feet by 20, which is not to be included in the lot size for any manufactured home lot.

(3)

Access: Each manufactured home community shall have direct access from an improved public street in accordance with the subdivision ordinance. Where an internal private street provides access to individual lots or dwelling units, the same shall be paved in accordance with city standards, and it shall be dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used in providing emergency health or public safety services. Each emergency access/fire lane easement shall have a clear unobstructed width of 24 feet, shall connect to a dedicated public street, and shall have a turning area and radii of a minimum of 50 feet to permit free movement of emergency vehicles. Dead end streets are not allowed. Fire lane easements shall be maintained by the manufactured home park.

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(4)

Walkways: Designated ADA concrete walkways four feet in width will be provided on both sides of roadways or streets.

(5)

Street names and signs: Within each manufactured home park, all streets shall be named, and manufactured homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be submitted to the city manager, along with the construction plat application, reviewed by the appropriate city staff with respect to street naming procedures set forth within the subdivision ordinance and/or the city's code of ordinances, and approved by the planning and zoning commission and the city council on the construction plat for the subdivision. The street names shall be set with construction plat approval, and shall not be changed on the final plat without city approval. All dwelling unit numbering (i.e., addressing) shall be assigned by the city manager.

(6)

Other signs: Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be in accordance with the manual of uniform traffic control devices and approved by the city.

(7)

Intersections: Internal streets shall intersect adjoining public streets at approximately 90 degrees and at locations which will eliminate or minimize interference with traffic on those public streets.

(8)

Street lighting: Street lighting within the manufactured home park shall be provided in accordance with the subdivision regulations, and shall be maintained by the owners of the manufactured home park.

(9)

Electric and telephone service: All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

(10)

Drainage and soil protection: The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured home space shall provide adequate drainage for the placement of a manufactured home. Exposed ground surfaces in all parts of every manufactured home park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust.

(11)

Firefighting:

Approaches to all manufactured homes shall be kept clear for firefighting.

The owner or agent of a manufactured home park shall be responsible for the instruction of any staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. Owner shall supply standard city fire hydrants located within 300 feet of all manufactured home spaces, measured along the drive or street.

The owner or agent of a manufactured home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of six inches in height.

(12)

Refuse facilities: Solid waste disposal services may be provided individually to each lot in the manufactured home park in the same manner as other single-family developments or through the use of a common refuse facility. A common refuse facility shall be a dumpster or other similar container designed for receiving garbage in bulk from more than one dwelling. All common refuse containers shall be maintained in accordance with local public health and sanitary regulations. Every manufactured home lot shall be located within 150 feet of a refuse facility, measured along the designated pedestrian travel way. Common refuse facilities shall be located no closer than 30 feet to any adjacent single-family property, shall be located so as to provide safe and convenient pickup by refuse collection agencies and shall be screened in accordance with subsection 28-104(b)(7) of this chapter. (See illustrations 16 and 17 for refuse container enclosure diagrams).

(13)

Anchorage of manufactured homes: To insure against natural hazards such as tornados, high winds and electrical storms, anchorage for each manufactured home shall be provided according to the building code and state law.

(14)

Skirting:

All manufactured home units not attached to a permanent foundation shall provide skirting from the top of the unit's frame to grade. Skirting shall totally enclose and secure from view the unit's axles and all required anchors, footings, and piers.

All required skirting shall be masonry, and shall be of a color similar to the materials used in the construction of the manufactured home unit such that it blends with the overall appearance of the unit.

(e)

Special requirements:

(1)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(2)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(3)

Usable open space requirements: Except as provided below, any manufactured home development shall provide useable open space that equals or exceeds 15 percent of the total land area within the development. Usable open space areas shall be in conformance with subsections 28-48(e)(4) and 28-48(e)(5).

(4)

One playground area containing at least five pieces of play equipment shall be provided for every 100 dwelling units, or fraction thereof. The playground equipment shall be of heavy duty construction, such as is normally used in public parks or on public school playgrounds.

(5)

A site plan shall be required for any MH development, or for any other type of development in the MH district that will include: 1) a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.); 2) a golf course; and/or 3) a gated (restricted access) entrance into the development. In these instances, site plan submission and approval will be required for these elements (a site plan showing the entirety of the proposed subdivision is not required). Site plan submission and approval shall be in accordance with subsection 28-63(d), but shall not require a public hearing as required by subsection 28-63(d)(5).

(6)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(26)(26.1—26.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-3A, § 2, 3-8-16)

Sec. 28-55. - C-N—Commercial-Neighborhood district.

(a)

General purpose and description: The C-N—Commercial-Neighborhood district is established to provide for areas of smaller-scaled and pedestrian-oriented neighborhood-serving commercial and mixed use development (typically with floor plans of less than 10,000 square feet) that includes retail, services, office, eating and drinking, housing, smaller-scaled public uses, etc. Single-family housing is not permitted in this district.

(b)

Permitted uses:

(1)

Those uses listed for the C-N district in section 28-51 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Two stories, and not to exceed 30 feet, for the main building(s).

One story for accessory buildings.

Other (see section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 5,000 square feet.

Minimum lot width: 25 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 20 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Interior side yards: When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the city's building code.

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 90 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Maximum building size: The maximum building foot print (first floor) area of a structure shall not exceed 10,000 square feet.

(5)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not pose a safety or visibility hazard, impede public vehicular circulation, nor reduce pedestrian walkways below that required by applicable ADA accessibility standards, either on-site or off-site.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business each day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Outside retail sales and storage of compressed industrial gases (including propane) and associated containers used in the operation of a business or for general retail sales is permitted provided they are maintained in a secure area not larger than 100 square feet and do not violate fire or safety regulations.

(5)

Open/outside storage is prohibited without a specific use permit.

(6)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(27)(27.1—27.5), 4-14-09; Ord. No. 2013-O7C, § 4, 7-9-13)

Sec. 28-56. - C-MU—Commercial-mixed-use district.

(a)

General purpose and description: The C-MU—Commercial-Mixed-Use, district is established to provide for areas of large-scale, pedestrian- and auto-oriented, region-serving, mixed-use development that includes a mix of retail formats (large and small), office and business services, commercial lodging, office-oriented research and development, recreation and entertainment, etc. Multifamily residential uses are permitted in this district. Development in this district will occur under a unified master plan.

(b)

Permitted uses:

(1)

Those uses listed for the C-MU district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 20 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end if the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outdoor storage is prohibited without a specific use permit.

(6)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls, and screening requirements (28-104).

• Exterior construction and design requirements (28-105).

• Supplemental regulations (28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(28)(28.1—28.5), 4-14-09; Ord. No. 2013-O7C, § 4, 7-9-13)

Sec. 28-57. - C-G—Commercial-general district.

(a)

General purpose and description: The C-G—Commercial-General, district is intended to reflect existing and future areas of larger scaled pedestrian and auto-oriented commercial development (typically with floor plans of more than 10,000 square feet) located on the city's major arterial roads, and to include a wide variety of community-serving uses that include retail, services, office, auto-related businesses, eating and drinking, recreation and entertainment, public and semi-public uses, etc. Residential uses are not permitted in this district.

(b)

Permitted uses:

(1)

Those uses listed for the C-G district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be deemed front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional 20 feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise permitted by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outside storage: Open storage, without a specific use permit, is limited to a maximum of 20 percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building.

(6)

Recreational vehicles: Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(29)(29.1—29.6), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-58. - C-O/R—Commercial-office/retail district.

(a)

General purpose and description: The C-O/R—Commercial-Office/Retail, district is intended to provide for areas of integrated professional office and retail development of quality design in a landscaped setting serving high technology, research and development, and retail development. This district provides for future areas of large-scaled pedestrian- and auto-related commercial development on the city's major arterial roads. Residential uses are not permitted in this district.

(b)

Permitted uses:

(1)

Those uses listed for the C-O/R district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(4)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Arterial street: One driveway per 200 linear feet of frontage.

Collector street: One driveway per 100 linear feet of frontage.

Local street: One driveway per 50 linear feet of frontage.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outside storage, without a specific use permit, is limited to a maximum of five percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building.

(6)

Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(30)(30.1—30.5), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-59. - CBD—Central business district.

(a)

General purpose and description: The development standards in the CBD—Central Business district, are designed to maintain and encourage development and redevelopment within the central business section (old downtown) of the city in a "pedestrian friendly" environment that is conducive to special events such as sidewalk sales, street dances, festivals, and other similar events. Standards for the district are generally intended to regulate development such that new structures look similar to existing ones within this section of the city. They are also intended to preserve and enhance the community's "small town" heritage and the unique character of the city's original business district.

(b)

Permitted uses:

(1)

Those uses listed for the CBD district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use permit which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

Four stories for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: None specified.

Minimum lot width: None specified.

Minimum lot depth: None specified.

(2)

Size of yards:

Minimum front yard: None specified.

Minimum side yard: None specified.

Minimum rear yard: None specified.

(3)

Maximum lot coverage: 100 percent including main and accessory buildings.

(4)

Maximum floor-area-ratio (FAR): four to one.

(5)

Parking requirements: No on-site parking shall be required within this district. However, if on-site parking is provided, all parking areas shall conform to the requirements of subsection 28-101(c).

(e)

Special requirements:

(1)

Design standards for the CBD district.

False fronts or parapets: False fronts or parapets may be added to existing buildings in order to add character and detail to simple facades.

Coloring: Predominant exterior finish colors shall be of fired brick, similar to that which is present on adjacent existing buildings (other masonry materials may also be considered during site plan review). Trim (i.e., lintels, sills, door jambs, cornices and other similar items) shall be brick, cast stone, stone, cast or wrought iron, or concrete, and colors shall be complementary to the predominant facade colors. Accent colors for friezes, doors and door frames, window frames and mullions, signage, awnings, moldings and other similar features shall be colors that are complementary to, and compatible with, the spirit and intent of the downtown streetscape.

Facade openings: Facade openings shall comprise at least 40 percent of the building's facade area.

Awnings/canopies:

Ratios: Awnings shall be at an appropriate scale to the building size and configuration. They shall not extend above the roofline of any single-story structure, or above the top of the second floor of any multi-story structure at the awnings' highest points. Awnings shall not completely obstruct any windows on the building.

Projection: Since awnings must extend beyond the building face, a reasonable amount of projection shall be allowed. No awning shall extend more than five feet outward from the building face/surface.

Colors and materials: A mixture of colors is recommended, but no more than three different colors shall be used for awnings on a single building facade (excluding business logo, which may have more colors). Materials shall be of cloth or canvas, or another material which is complementary to the period or building style (metal or plastic shall be prohibited).

Movement: Except for slight movements that are normal for fabric canopies (i.e., along fringe, etc.), no movement shall be allowed for awnings and canopy structures.

Overhead power lines: New utility lines to business establishments shall be placed underground or toward the rear of existing buildings.

Pedestrian streetscape: Pedestrian spaces shall be treated with amenities that are selected based upon their ability to unify the streetscape with the area's historic past. It is important that elements such as construction materials, colors, textures and fixture design complement the area's historic qualities. These features shall be repeated throughout the streetscape so as to unify the district as a whole.

Furnishings: Planters, window boxes, street furniture and other streetscape furnishings shall be complementary to the historical time frame of the CBD area, and shall be located not more than five feet from the building front/facade.

(2)

Open storage: Open storage is prohibited in the CBD district without a specific use permit.

(3)

Outdoor retail sales which involve the outside display of merchandise and/or seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall only be located in front of the property/business which is selling the items and shall not extend into public right-of-way or onto adjacent property (without property owner permission).

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(4)

Architectural design: The architectural design of buildings and sites shall strive to achieve the following objectives:

Architectural compatibility;

Human scale design;

Integration of uses;

Encouragement of pedestrian activity;

Buildings that relate to, and are oriented toward, the pedestrian areas and surrounding buildings; and

Buildings that contain special architectural features to signify entrances.

All building materials shall be established on architectural elevations and supporting information.

(5)

Building facade plan: The architectural style and scale of new/renovated buildings within the CBD district shall be compatible with the styles and scale of other adjacent buildings. Therefore:

In addition to the site plan which is required by section 28-26, a building facade plan shall also be required. The building facade plan shall be submitted in conjunction with the site plan application.

The building facade plan shall clearly show how any new structure and/or any structure that is undergoing exterior renovations will look, and shall portray a reasonably accurate depiction of the materials to be used. Especially significant is the way in which such structure(s) will be viewed from the thoroughfare upon which the property faces and/or sides.

Review, approval and appeal procedures shall be the same as the procedures for a site plan, as outlined in section 28-26.

The city manager (or his/her designee) may, as he/she deems appropriate, require submission of information and materials (possibly actual samples of materials to be used) additional to those initially submitted by the applicant during the building facade plan review process.

(6)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(31)(31.1—31.5), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13)

Sec. 28-60. - LI—Light industrial district.

(a)

General purpose and description: The LI—Light Industrial, district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits.

(b)

Permitted uses:

(1)

Those uses listed for the LI district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

One hundred and twenty feet for the main building(s).

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: Ten feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 30 feet for one-story building, and an additional 15 feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 90 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and/or seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property (without property owner permission).

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open storage, without a specific use permit, is limited to a maximum of 20 percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building.

(6)

Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls, and screening requirements (28-104).

• Exterior construction and design requirements (28-105).

• Supplemental regulations (28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(32)(32.1—32.5), 4-14-09; Ord. No. 2013-O-7C, § 5, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-61. - Overlay and special districts.

Overlay districts shall be used in conjunction with base zoning districts where it is appropriate to do so. In the use of the following overlay zoning classifications, the base district shall remain in effect as it is already in existence unless changed by zoning amendment and in accordance with the provisions of section 28-24. New base districts or changes in existing base districts may be requested at the same time overlay or special prefix districts are requested.

(Ord. No. 2009-O-4A, §§ (III)(33)(33.1), 4-14-09)

Sec. 28-62. - PD—Planned development overlay district.

(a)

General purpose and description:

(1)

The City Council of the City of Angleton, Texas, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a planned development (PD) overlay district.

(2)

The planned development (PD) district is a district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options (e.g., single-family, multifamily, duplex, etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:

To provide for a superior design on lots or buildings;

To provide for increased recreation and open space opportunities for public use and enjoyment;

To provide amenities or features that would be of special benefit to the property users or to the overall community;

To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;

To protect or preserve existing historical buildings, structures, features or places;

To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and

To meet or exceed the standards of this chapter.

(3)

While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

(b)

Permitted uses:

(1)

An application for a PD district shall specify the base zoning district(s) upon which the PD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district).

(2)

PD designations shall not be attached to SUP requirements. Specific use permits allowed in a base zoning district(s) are allowed in a PD only if specifically identified as allowable by SUP at the time of PD approval, and if specifically cited as an "additional use" (i.e., to those allowed by right in the PD) in the ordinance establishing the PD.

(3)

Any use that is not specifically cited as permitted (by right or by SUP) in the applicable base zoning district(s) or the PD ordinance shall be prohibited unless the PD ordinance is amended using the procedures set forth in this section and in section 28-24 of this chapter.

(c)

Planned development requirements:

(1)

Any development requirements for a particular PD district that deviate from those of the base zoning district(s) shall be set forth in the amending ordinance granting the PD district. These shall include:

Allowed or additional (i.e., SUP) uses,

Density,

Lot area, width, and/or depth,

Yard depths and widths,

Building height, size, and/or exterior construction,

Lot coverage,

Floor area ratio,

Parking,

Access,

Screening,

Landscaping,

Accessory buildings,

Signs,

Lighting,

Project phasing or scheduling,

Property management associations, and

Other requirements as the city council and planning and zoning commission may deem appropriate.

(2)

In the PD district, uses and development standards shall conform to the standards and regulations of the base zoning district(s) unless specifically stated otherwise in the PD ordinance. The base zoning district(s) shall be stated in the PD granting ordinance.

All applications to the city shall list all requested deviations from the standard requirements set forth throughout this chapter as applicable to each base zoning district (applications without this list will be considered incomplete).

The PD district shall conform to all other regulations of the applicable base zoning district(s), as well as all other sections of the zoning ordinance, unless specifically changed or excluded in the ordinance establishing the PD.

A PD that is based upon more than one base zoning district shall also include a legal (i.e., metes and bounds) description and graphic exhibit describing/showing the proposed boundaries of each respective area and its base zoning district (e.g., shown as "Proposed PD-SF-7.2," "Proposed PD-C-N," etc.).

(3)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein, as well as a general statement citing the reason for the PD request.

(d)

Approvals required: In establishing a planned development district in accordance with this section, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each PD district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan shall be required along with the PD zoning application. A construction plat may be submitted in lieu of the concept plan for a single- or two-family PD (see the subdivision ordinance for submission and other requirements) if the applicant prefers to do so. Subsequent site plans may also be required if specified as part of the planned development approval.

(e)

Concept plan:

(1)

Purpose: This section establishes a review process for concept plan, which are required for all planned developments. The purpose is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction.

(2)

Applicability: Submission and approval of a concept plan shall be required for all planned developments. Approval of a concept plan shall be deemed approval for the related planned development.

(3)

Building permit and certificate of occupancy: No building permit shall be issued until a concept plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the concept plan and engineering/construction plans, as approved by the city.

(4)

Extent of area that should be included in a concept plan: When the overall development project is to be developed in phases, the area included within the concept plan shall include only the portion of the overall property that is to be developed/constructed.

(5)

Procedures and submission requirements for concept plan approval: All concept plans shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of concept plan applications.

(6)

Review and approval of a concept plan: The approval process for a concept plan shall generally be review by city staff, recommendation by the planning and zoning commission, and approval by the city council.

City staff review of concept plans:

Upon official submission of a complete application of a concept plan for approval, the city shall review the application. specifically, the city manager, city engineer, and the building official (or their designee) shall review the concept plan prior to the concept plan being forwarded to the planning and zoning commission.

Concept plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

Following city staff review, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected concept plan to the city manager (or his/her designee) at least 12 calendar days prior to the planning and zoning commission meeting.

The city manager shall then submit the corrected plan to the planning and zoning commission.

It should be noted that the city manager (or his/her designee) shall forward the original plan application to the commission if the corrected version is not resubmitted within the prescribed time period.

It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.

Planning and zoning commission review of concept plans:

All concept plan applications shall be reviewed by the planning and zoning commission.

The city manager, or his/her designee, shall schedule consideration of the concept plan application on the regular agenda of the planning and zoning commission within 45 calendar days after the application is received.

The planning and zoning commission shall review the concept plan and shall recommend to the city council approval, approval subject to certain conditions, or denial of the concept plan.

City council review of and action on concept plans:

All concept plan applications shall be reviewed by the city council after being reviewed by the planning and zoning commission.

The city manager, or his/her designee, shall schedule consideration of the concept plan application on the regular agenda of the city council.

The city council shall review the concept plan and shall approve, approve subject to certain conditions, or deny approval of the concept plan.

(7)

Revisions to the approved concept plan:

Minor revisions/amendments:

It is recognized that final architectural and engineering design may necessitate minor changes in the approved concept plan. In such cases, the city manager, or his/her designee, shall have the authority to approve minor modifications to an approved concept plan. Such minor modifications submitted on an "amended concept plan," which shall substantially conform to the previously approved concept plan.

Submission materials and requirements for approval of an amended concept plan shall be as determined by the city manager, or his/her designee.

Major revisions: In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a new concept plan must be resubmitted, reviewed, and approved in accordance with subsection (5) above. The city manager shall have the authority to determine whether a new concept plan warrants a new review and approval procedure.

(8)

Effect of review/approval: The concept plan shall be considered authorization to proceed with construction of the site provided all other required city approvals are obtained (such as final plat, engineering plans, etc.). Approval of a concept plan shall be considered approval of the planned development.

(f)

Site plan requirement:

(1)

Subsequent site plan approvals may be required if specified as part of the planned development approval.

(2)

Such site plan shall follow the review and approval procedures, and will expire, as outlined in section 28-63 for specific use permits.

(g)

General approval process and procedures:

(1)

The procedure for establishing a planned development zoning district shall follow the procedures for zoning amendments as set forth in section 28-26 of this chapter. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan that is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying concept plan and site plan (if applicable), and if the PD is approved then the concept plan and site plan (if applicable) shall become a part of the ordinance establishing the PD district.

(2)

The ordinance establishing the planned development zoning district shall not be approved (or adopted) until the accompanying concept plan and site plan (if applicable) are approved by the city council.

(h)

When a zoning request for a planned development district is being considered, a written report from the city manager discussing the project's impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (such as the school district and/or utility companies), may be submitted to the planning and zoning commission prior to the commission making any recommendations to the city council. In the event written comments and advisement are not received prior to the planning and zoning commission's meeting at which the PD zoning request is to be considered, the commission may, at its discretion, make a recommendation to the city council without said comments or advisement.

(i)

Expiration of concept plan and/or site plan:

(1)

Submittal within two years required. An application for approval of a site plan (if required), plat, or other required permit shall be submitted for approval within two years of the date of establishment of the PD district and approval of the concept plan, unless otherwise provided in the adopting ordinance. If a site plan, plat, or other required permit is not submitted within such period, the concept plan shall expire.

(2)

Expiration of an approved concept plan shall result in suspension of the authority to submit a site plan, plat, or other required permit related to the original concept plan. A new concept plan must be submitted before the development process can continue.

(3)

An approved site plan, if required, shall expire in accordance with subsection 28-63(d).

(4)

Expiration of any approved plat or required permit that is subsequently approved after a concept plan shall also result in expiration of the associated concept plan. If the approved plat or other required plan is reinstated, the concept plan shall be deemed to be reinstated as well.

(j)

Ability to submit a site plan, plat, or other required plan: Following expiration of the right to submit a site plan, plat, or other required permit, the applicant shall retain the ability to submit a new site plan, plat, or other required permit for a period of five years following the original approval of the related concept plan. Such new site plan, plat, or other required permit may only be for the same approved PD project. However, any such new site plan, plat, or other required permit shall adhere to any and all new standards and regulations that the city has adopted in the interim (i.e., between the two-year expiration date and the five-year period specified) in relation to a site plan, plat, or other required permit.

(k)

Ability to retain the rights to the PD project.

(1)

Any PD project for which no site plan, plat, or other required permit has been submitted for a period of five years following the approval of the related concept plan shall expire on the last day of that five-year period.

(2)

After such five-year period has ended and the project expires, the planning and zoning commission shall consider whether the undeveloped land within PD district should be changed to another zoning classification in accordance with the procedures for action upon a zoning map amendment pursuant to section 28-24 of this chapter. The commission thereafter shall recommend to the city council whether the right to submit a site plan, plat, or other required permit for the same PD project should be reinstated, or whether the property should be zoned to another classification.

(3)

Council consideration and factors. The commission's recommendation shall be considered by the city council in accordance with procedures for action upon a zoning map amendment pursuant to section 28-24 of this chapter. The council shall determine whether the right to submit the site plan, plat, or other required permit for the same PD project should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the council shall consider the following factors:

Whether the PD district remains consistent with the comprehensive plan;

Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site;

Whether there are extenuating circumstances justifying the failure to submit a site plan, plat, or other required permit during the applicable time period; and

Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.

(4)

Council action. Upon (1), (2) and (3) above occurring, the city council may take the following actions:

Reinstate the right to submit the site plan, plat, or other required permit for the original PD project within a certain time, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD district;

Modify the PD district regulations applicable to the property; or

Repeal the PD district for the affected portions of the property and zone such property to another zoning district classification.

(l)

Prior planned development ordinances remaining in effect: Prior to adoption of this chapter, the city council previously established certain planned development districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this chapter, specified in appendix A-1, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective planned development districts shown on the zoning district map as of the effective date of this chapter. Each prior PD ordinance is hereby assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on) as shown in appendix A-1, and subsequent PD ordinances adopted after the effective date of this chapter shall be similarly numbered for identification purposes.

(m)

Documentation of planned development ordinances: All planned development zoning districts approved in accordance with the provisions of this chapter, as may be amended, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on), and shall also be referenced on the zoning district map. A list of such planned development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this chapter.

(Ord. No. 2009-O-4A, §§ (III)(34)(34.1—34.13), 4-14-09; Ord. No. 20191112-009, § 2, 11-12-19)

Sec. 28-63. - SUP—Specific use permits.

(a)

Purpose and intent:

(1)

Nature of specific use permits: A specific use permit (SUP) may be granted to a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This section sets forth the standards used to evaluate proposed specific uses and the procedures for approving specific use permit applications.

(2)

Permit required: No specific use permit shall be established and no building permit shall be issued for any use requiring a specific use permit within any zoning district until a specific use permit (SUP) is issued in accordance with the provisions of this section. An application for a specific use permit shall be accompanied by a detailed site plan prepared in the manner described in section 28-26. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in subsection 28-63(d).

(b)

Status of uses permitted by specific use permit:

The following general rules apply to all specific uses:

(1)

The designation of a use in a zoning district as may be permitted by SUP in section 28-81 (use charts) of this chapter does not constitute an authorization or assurance that such use will be approved.

(2)

Approval of a specific use permit shall authorize only the particular use for which the SUP is issued.

(3)

No use authorized by a specific use permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new specific use permit in accordance with the procedures set forth in this section and section 28-24 of this chapter.

(4)

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city's Code of Ordinances, and any permits that may be required by regional, state or federal agencies.

(c)

Application for specific use permit:

(1)

Application requirements: An application for a specific use permit may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan prepared and approved in accordance with the requirements of section 28-63(d) below. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a specific use permit. All site plan applications shall be subject to the review and expiration procedures in subsection 28-63(d).

(2)

Subdivision approval: If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a specific use permit (see subdivision ordinance). Approval of the specific use permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the specific use permit shall take effect upon final plat approval of the phase of the subdivision containing the property on which the specific use is to be located.

(d)

Site plan:

(1)

Purpose: This section establishes a review process for site plan applications. The purpose is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction.

(2)

Applicability: A site plan shall be required in conjunction with any application for an SUP. Refer to section 28-26 for applicability regarding other developments for which a site plan shall be required.

(3)

Building permit and certificate of occupancy: A site plan may be submitted in conjunction with a building permit application. No building permit shall be issued until a site plan, as required, and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.

(4)

Submission requirements for site plan approval: All site plans shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). The specific requirements for site plan applications shall include the following:

When the overall development project is to be developed in phases, the site plan shall include only the portion of the overall property that is to be developed/constructed;

A title block within the lower right hand corner of the site plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Brazoria County, Texas;

A vicinity or location map that shows the location of the proposed development within the city (or its ETJ) and in relationship to existing roadways;

The boundary survey limits of the tract (and each proposed lot) and scale distances with north clearly indicated;

The names of adjacent additions or subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc.;

The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements (with recording information); existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks (including the 100-year flood plain, if applicable); any other important natural features (such as rock outcroppings, caves, wildlife habitats, etc.); and all substantial natural vegetation;

Proposed strategies for tree preservation (showing individual trees or tree masses that will preserved, and the techniques that will be used to protect them during construction);

The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets, lots and blocks, proposed driveways (show driveway widths and distances between driveways), and proposed median openings and left turn lanes on future divided roadways (existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings);

Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages (for multi-tenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; flood plains/drainage ways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development related features;

A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.) any existing wooded areas, trees to be planted, and irrigation plans (if required); and

Building facade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the city manager.

Provision of the above items shall conform to the principles and standards of this chapter and the comprehensive plan. To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the city manager shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.

(5)

Review and approval of a site plan:

City staff review of site plans.

Following submittal of a complete application of a site plan in accordance with section 28-26, city staff shall review the site plan application. Specifically, the city manager, city engineer, and the building official (or their respective designees) shall review the site plan prior to the site plan being forwarded to the planning and zoning commission

Site plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

Following city staff review, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected site plan to the city manager (or his/her designee) within seven calendar days prior to the planning and zoning commission meeting.

The city manager shall then submit the corrected plan to the planning and zoning commission.

It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.

Planning and zoning commission review of and action on site plans.

All site plan applications shall be reviewed by the planning and zoning commission.

The city manager, or his/her designee, shall schedule consideration of any site plan application on the regular agenda of the planning and zoning commission within 20 working days after the complete application is received.

The planning and zoning commission shall conduct a public hearing on the SUP application and related site plan in order to formulate its recommendations to the city council. The commission shall then recommend to the city council that the SUP application and related site plan be approved, approved subject to certain conditions, or denied.

If the planning and zoning commission recommends denial of the site plan, it shall provide reasons to the applicant for the denial, if requested by the applicant. The planning and zoning chairperson shall inform the applicant of the right to receive reasons for the denial.

City council review of and action on site plans.

All site plan applications shall be reviewed and finally acted upon by the city council.

The city manager, or his/her designee, shall schedule consideration of any site plan application on the regular agenda of the city council within 40 working days after planning and zoning commission action.

The city council shall conduct a public hearing on the SUP application and related site plan. The council shall then approve, approve subject to certain conditions, or deny the site plan.

City council approval of the SUP application and related site plan shall require a simple majority vote.

The city council may also, where appropriate, remand the SUP application and related site plan back to the commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.).

City council decision on all SUP applications and related site plans shall be final, unless consideration is remanded back to the commission.

(6)

Revisions to the approved site plan:

Minor revisions/amendments.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the city manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan. Such minor modifications shall be submitted as an "amended site plan." The amended site plan shall be clearly titled as such, and shall substantially conform to the previously approved site plan.

Submission materials and requirements for approval of an amended site plan shall be as determined by the city manager, or his/her designee.

Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a new site plan must be resubmitted for review and approval. The city manager shall have the authority to determine whether changes to a site plan warrant another review and approval procedure (in accordance with this section).

(7)

Effect of review/approval: The site plan shall be considered authorization for a specific use permit, as well as authorization to proceed with construction of the site (if applicable) and other required city approvals (such as final plat, engineering plans, building permit, etc.).

(8)

Validity and lapse of site plan approval: A site plan shall be considered a "permit" as described by state law in V.T.C.A., Local Government Code, Ch. 245.005.

Valid for two years: Any approved site plan shall be deemed expired two years from the date on which the site plan was originally approved by the city council if no progress has been made toward completion of the project.

Progress benchmarks: The term "progress" shall be as defined based on V.T.C.A., Ch. 245.005 as follows:

Plans for construction and an application for a building permit for at least one of the buildings on the approved site plan are submitted within two years following approval of the site plan.

A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

Fiscal security is posted with the city to ensure performance of an obligation required by the city; or

Utility connection fees or impact fees for the project have been paid to the city.

Expiration: If one of the items listed in subsections b.1. through b.5. above is not accomplished within the two-year period, then the approved site plan shall expire and shall become null and void.

Extension and reinstatement procedure:

Prior to the lapse of approval for a site plan, the applicant may petition the city (in writing) to extend the site plan approval.

Such petition shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denial by the city council.

If no petition is submitted, then the site plan shall be deemed to have expired and shall become null and void. Any new request for site plan approval shall be deemed a "new permit," and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account:

(i)

The reasons for the lapse,

(ii)

The ability of the property owner to comply with any conditions attached to the original approval, and

(iii)

The extent to which development regulations would apply to the site plan at that point in time.

(e)

Standards:

(1)

Factors for consideration: When considering applications for a specific use permit, the planning and zoning commission in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the specific use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted comprehensive plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use meets all supplemental standards specifically applicable to the use as set forth in this chapter;

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to:

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

Off-street parking and loading areas;

Refuse and service areas;

Utilities with reference to location, availability, and compatibility;

Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

Required yards and open space;

Height and bulk of structures;

Hours of operation;

10.

Exterior construction material and building design; and

11.

Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.

(2)

Conditions: In approving the application, the planning and zoning commission may recommend, and the city council may impose, such additional conditions (e.g., hours of operation, etc.) as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in section 28-24. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable city Code or Ordinance, and they cannot, in effect, relax or grant relief from any of the city's minimum standards (see subsection (3) below). Any conditions imposed shall be set forth in the ordinance approving the specific use permit, and shall be incorporated into or noted on the site plan for final approval. The city manager shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the specific use permit, and shall sign the site plan to indicate final approval. The city shall maintain a record of such approved specific use permits and the site plans and conditions attached thereto.

(3)

Prohibition on waivers and variances: The foregoing additional conditions (i.e., standards of development for the SUP) shall not be subject to variances that otherwise could be granted by the board of adjustments, nor may conditions imposed by the city council subsequently be waived or varied by the BOA. In conformity with the authority of the city council to authorize specific use permits, the city council may waive or modify specific standards otherwise made applicable to the use by this chapter, to secure the general objectives of this section; provided, however, that the city council shall not waive or modify any approval factor set forth in subsection (a) of this subsection 28-63(e).

(f)

Expiration and extension:

(1)

A specific use permit may be rescinded by the city council, on its own motion and at its discretion, for failure to commence development, for failure to secure an extension or reinstatement of the related site plan that was approved along with the SUP ordinance.

(g)

Amendment:

(1)

No proposed or existing building, premise or land use authorized as a specific use permit may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the specific use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this section, and the specific use permit and approved site plan are amended accordingly.

(h)

Other regulations:

(1)

The board of adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any specific use permit.

(i)

Use regulations:

(1)

Uses allowed by SUP are specified in section 28-81 (use charts).

(Ord. No. 2009-O-4A, §§ (III)(35)(35.1—35.9), 4-14-09)

Angleton City Zoning Code

ARTICLE III

- ZONING DISTRICTS

Sec. 28-41. - Zoning districts established.

(a)

Abbreviated Designation	Zoning District Name
Base Districts
AG	Agricultural
SFE-20	Single-Family Estate Residential-20 (minimum 20,000 square-foot lots)
SF-10	Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-7.2	Single-Family Residential-7.2 (minimum 7,200 square-foot lots)
SF-6.3	Single-Family Residential-6.3 (minimum 6,300 square-foot lots)
SF-5	Single-Family Residential-5 (minimum 5,000 square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
2F	Two-Family Residential (duplex homes)
SFA	Single-Family Attached Residential (townhomes)
MFR-14	Multifamily Residential-14 (apartments - maximum 14 units/acre)
MFR-29	Multifamily Residential-29 (apartments - maximum 29 units/acre)
MFR-36	Multifamily Residential-36 (apartments - maximum 36 units/acre)
MH	Modular Homes
C-N	Commercial - Neighborhood
C-MU	Commercial - Mixed-Use
C-G	Commercial - General
C-OR	Commercial - Office/Retail
CBD	Central Business District
LI	Light Industrial

Overlay Districts
PD	Planned Development
SUP	Specific Use Permit

(b)

A summary of the area regulations for the following zoning districts is included within appendix B.

(c)

Certain terms and definitions used within this chapter can be found in section 28-112.

(Ord. No. 2009-O-4A, §§ (III)(13)(13.1—13.3), 4-14-09; Ord. No. 2016-O-6B, § 2, 6-14-16)

Sec. 28-42. - AG—Agricultural district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building/house.

Forty-five feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than 100 feet from any front, side or rear property line.

Twenty-five feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: Five acres (217,800 square feet).

Minimum lot width: 100 feet.

Minimum lot depth: 150 feet.

(2)

Size of yards:

Minimum front yard: 80 feet.

Minimum side yard: 40 feet for interior side yard; 80 feet for a corner lot on a street.

Minimum rear yard: 80 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 40 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use or structure which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(14)(14.1—14.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13)

Sec. 28-43. - SFE-20—Single-family estate residential-20 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 125 feet.

(2)

Size of yards:

Minimum front yard: 40 feet.

Minimum side yard: Ten feet for interior side yard; 20 feet for a corner lot; 30 feet for a key corner lot.

Minimum rear yard: 25 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-14.

(6)

Maximum impervious surface coverage: 50 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(15)(15.1—15.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-44. - SF-10—Single-family residential-10 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 10,000 square feet.

Minimum lot width: 80 feet.

Minimum lot depth: 110 feet.

(2)

Size of yards:

Minimum front yard: 40 feet.

Minimum side yard: Ten feet for interior side yard; fifteen feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 25 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(16)(16.1—16.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-45. - SF-7.2—Single-family residential-7.2 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 7,200 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet, zero inches for interior side yard; 30 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 20 feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(17)(17.1—17.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-46. - SF-6.3—Single-family residential-6.3 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet, zero inches for interior side yard; 15 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: Twenty feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(18)(18.1—18.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-47. - SF-5—Single-family residential-5 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 5,000 square feet.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet for interior side yard; 15 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 15 feet for the main building; 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(19)(19.1—19.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-48. - SF-PH—Single-family residential—Patio home district (Zero-lot-line homes).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 5,000 square feet.

Maximum project size: The maximum size of a patio home development shall be 40 acres.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet to the garage door face for front-entry homes.

Minimum rear yard: Ten feet for the main building and any accessory building(s); 25 feet for rear entry garage.

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading requirements.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 70 percent.

(e)

Special requirements:

(1)

(2)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and facilities.

(3)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-5 zoning district.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(5)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

(8)

Swimming pools: See section 28-110.

(9)

(10)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(11)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(20)(20.1—20.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-49. - 2F—Two-family residential district (Duplex homes).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots for two-family/duplex homes:

Minimum lot area: 10,000 square feet per pair of dwelling units; 5,000 square feet per dwelling unit.

Minimum lot width: 80 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards for two-family/duplex homes:

Minimum front yard: 35 feet; 35 feet to the garage door face for front-entry homes.

Minimum rear yard: 25 feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for exceptions.)

(3)

Parking regulations:

A minimum of two parking spaces for each dwelling unit on the same lot as the main structure and on a paved driveway having a minimum length of 25 feet as measured from the street right-of-way line.

Also see section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit for two-family/duplex homes: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-6.3 zoning district.

(2)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(3)

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.

(4)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(5)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(6)

(7)

Swimming pools: See section 28-110.

(8)

(9)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(10)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(21)(21.1—21.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-50. - SFA—Single-family attached residential district (Townhomes).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building or house.

One story for other accessory buildings, including detached garage, carports, garden shed, gazebo, clubhouse, mail kiosks, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 2,500 square feet.

Maximum density: Ten units per gross acre of land area within the development.

Maximum project size: The maximum size of a single-family attached residential development shall be 25 acres.

Minimum lot width: 20 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum side yard:

A complex or continuous row of attached single-family dwellings shall have a minimum length of four dwelling units (quadriplex), a maximum length of eight dwelling units.

Minimum rear yard: 15 feet for the main building and any accessory building(s); 20 feet for rear entry garage.

(3)

Maximum lot coverage: 70 percent by main and accessory buildings on each individual lot.

(4)

Parking regulations:

Additional parking shall be required for any recreational uses, clubhouse, office, sales offices and other similar accessory structures and uses.

(5)

Minimum floor area per dwelling unit: 800 square feet of air-conditioned floor area.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and facilities.

(2)

(3)

(4)

All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

(5)

(6)

(7)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(8)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(9)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(10)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(11)

(12)

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(16)

(Ord. No. 2009-O-4A, §§ (III)(22)(22.1—22-5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2015-O-11A, § 2, 11-10-15; Ord. No. 20190910-009, § 2, 9-10-19)

Sec. 28-51. - MFR-14—Multifamily residential-14 district (Apartments).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two stories, and not to exceed 35 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 3,000 square feet per dwelling unit, not to exceed 14 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet to the garage door face for front-entry homes.

One-story building: 25 feet.

Two-story building: 50 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air-conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One space for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

Sec. 28-52. - MFR-29—Multifamily residential-29 district (Apartments).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 1,500 square feet per dwelling unit, not to exceed 29 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All areas adjacent to a street shall be deemed front yards. See section 28-106 for additional setback requirements.

One-story building: 25 feet.

Two-story building: 50 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One and a half spaces for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

Sec. 28-53. - MFR-36—Multifamily residential-36 district (Apartments).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 1,200 square feet per dwelling unit, not to exceed 36 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 40 feet. All areas adjacent to a street shall be deemed front yards. See section 28-106 for additional setback requirements.

One-story building: 25 feet.

Two-story building: 50 feet.

Over two-story building: 75 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Over two-story buildings (or an over two-story building adjacent to a one- or two-story building): 25 feet for buildings with or without openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One and a half spaces for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

Sec. 28-54. - MH—Manufactured home district.

(a)

(b)

Permitted uses:

(1)

(c)

Area regulations:

(1)

Size of yards (for each space within manufactured home park or subdivision):

Minimum front yard: 25 feet from a dedicated street; 15 feet from any private street or drive. See section 28-106 for additional setback requirements.

Minimum rear yard: Ten feet; 20 feet from any zoning district boundary line.

If a garage is provided, the entry (i.e., door) side of the garage shall have a 25-foot setback as measured from any property or street right-of-way line.

(2)

Size of space (for each space within a manufactured home park):

Minimum lot area: 4,000 square feet per unit.

Minimum lot width: 40 feet.

Minimum lot depth: 100 feet.

(3)

Minimum floor area per dwelling unit: 800 square feet.

(4)

Maximum lot coverage: 50 percent for main building/unit plus any accessory buildings.

(5)

Parking regulations: Two spaces per unit located on the same lot as the unit served (see section 28-101, off-street parking and loading) line.

(6)

Area for manufactured home park: Minimum project area five acres; maximum project area 25 acres.

(7)

Maximum height limit:

Two and one-half stories, and not to exceed 36 feet, for the main building/house.

One story for other accessory buildings, including detached garages, carports, management office, clubhouse, gazebo, mail kiosks, etc.

Other requirements (see section 28-106).

(8)

Minimum exterior construction standards: None (manufactured homes only - all other structures shall conform with section 28-105).

(9)

Maximum impervious surface coverage: 60 percent.

(d)

Supplemental requirements for manufactured home parks:

(1)

(2)

Two visitor parking spaces for every three manufactured home spaces. No manufactured home lot shall be situated further than 150 feet from a visitor space.

Each visitor and/or supplemental parking space will be not less than nine feet by 20, which is not to be included in the lot size for any manufactured home lot.

(3)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(4)

Walkways: Designated ADA concrete walkways four feet in width will be provided on both sides of roadways or streets.

(5)

(6)

(7)

(8)

(9)

Electric and telephone service: All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

(10)

(11)

Firefighting:

Approaches to all manufactured homes shall be kept clear for firefighting.

The owner or agent of a manufactured home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of six inches in height.

(12)

(13)

(14)

Skirting:

(e)

Special requirements:

(1)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(2)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(3)

(4)

(5)

(6)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(26)(26.1—26.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-3A, § 2, 3-8-16)

Sec. 28-55. - C-N—Commercial-Neighborhood district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two stories, and not to exceed 30 feet, for the main building(s).

One story for accessory buildings.

Other (see section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 5,000 square feet.

Minimum lot width: 25 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 20 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 90 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Maximum building size: The maximum building foot print (first floor) area of a structure shall not exceed 10,000 square feet.

(5)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outside storage is prohibited without a specific use permit.

(6)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(27)(27.1—27.5), 4-14-09; Ord. No. 2013-O7C, § 4, 7-9-13)

Sec. 28-56. - C-MU—Commercial-mixed-use district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 20 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end if the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outdoor storage is prohibited without a specific use permit.

(6)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls, and screening requirements (28-104).

• Exterior construction and design requirements (28-105).

• Supplemental regulations (28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(28)(28.1—28.5), 4-14-09; Ord. No. 2013-O7C, § 4, 7-9-13)

Sec. 28-57. - C-G—Commercial-general district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be deemed front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional 20 feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise permitted by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

(6)

Recreational vehicles: Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(29)(29.1—29.6), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-58. - C-O/R—Commercial-office/retail district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(4)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Arterial street: One driveway per 200 linear feet of frontage.

Collector street: One driveway per 100 linear feet of frontage.

Local street: One driveway per 50 linear feet of frontage.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

(6)

Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(30)(30.1—30.5), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-59. - CBD—Central business district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Four stories for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: None specified.

Minimum lot width: None specified.

Minimum lot depth: None specified.

(2)

Size of yards:

Minimum front yard: None specified.

Minimum side yard: None specified.

Minimum rear yard: None specified.

(3)

Maximum lot coverage: 100 percent including main and accessory buildings.

(4)

Maximum floor-area-ratio (FAR): four to one.

(5)

Parking requirements: No on-site parking shall be required within this district. However, if on-site parking is provided, all parking areas shall conform to the requirements of subsection 28-101(c).

(e)

Special requirements:

(1)

Design standards for the CBD district.

False fronts or parapets: False fronts or parapets may be added to existing buildings in order to add character and detail to simple facades.

Facade openings: Facade openings shall comprise at least 40 percent of the building's facade area.

Awnings/canopies:

Projection: Since awnings must extend beyond the building face, a reasonable amount of projection shall be allowed. No awning shall extend more than five feet outward from the building face/surface.

Movement: Except for slight movements that are normal for fabric canopies (i.e., along fringe, etc.), no movement shall be allowed for awnings and canopy structures.

Overhead power lines: New utility lines to business establishments shall be placed underground or toward the rear of existing buildings.

(2)

Open storage: Open storage is prohibited in the CBD district without a specific use permit.

(3)

Outdoor retail sales which involve the outside display of merchandise and/or seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall only be located in front of the property/business which is selling the items and shall not extend into public right-of-way or onto adjacent property (without property owner permission).

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(4)

Architectural design: The architectural design of buildings and sites shall strive to achieve the following objectives:

Architectural compatibility;

Human scale design;

Integration of uses;

Encouragement of pedestrian activity;

Buildings that relate to, and are oriented toward, the pedestrian areas and surrounding buildings; and

Buildings that contain special architectural features to signify entrances.

All building materials shall be established on architectural elevations and supporting information.

(5)

Building facade plan: The architectural style and scale of new/renovated buildings within the CBD district shall be compatible with the styles and scale of other adjacent buildings. Therefore:

Review, approval and appeal procedures shall be the same as the procedures for a site plan, as outlined in section 28-26.

(6)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(31)(31.1—31.5), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13)

Sec. 28-60. - LI—Light industrial district.

(a)

(b)

Permitted uses:

(1)

Those uses listed for the LI district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

One hundred and twenty feet for the main building(s).

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: Ten feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 30 feet for one-story building, and an additional 15 feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 90 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and/or seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property (without property owner permission).

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open storage, without a specific use permit, is limited to a maximum of 20 percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building.

(6)

Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls, and screening requirements (28-104).

• Exterior construction and design requirements (28-105).

• Supplemental regulations (28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(32)(32.1—32.5), 4-14-09; Ord. No. 2013-O-7C, § 5, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-61. - Overlay and special districts.

(Ord. No. 2009-O-4A, §§ (III)(33)(33.1), 4-14-09)

Sec. 28-62. - PD—Planned development overlay district.

(a)

General purpose and description:

(1)

(2)

To provide for a superior design on lots or buildings;

To provide for increased recreation and open space opportunities for public use and enjoyment;

To provide amenities or features that would be of special benefit to the property users or to the overall community;

To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;

To protect or preserve existing historical buildings, structures, features or places;

To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and

To meet or exceed the standards of this chapter.

(3)

(b)

Permitted uses:

(1)

(2)

(3)

(c)

Planned development requirements:

(1)

Allowed or additional (i.e., SUP) uses,

Density,

Lot area, width, and/or depth,

Yard depths and widths,

Building height, size, and/or exterior construction,

Lot coverage,

Floor area ratio,

Parking,

Access,

Screening,

Landscaping,

Accessory buildings,

Signs,

Lighting,

Project phasing or scheduling,

Property management associations, and

Other requirements as the city council and planning and zoning commission may deem appropriate.

(2)

(3)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein, as well as a general statement citing the reason for the PD request.

(d)

(e)

Concept plan:

(1)

(2)

Applicability: Submission and approval of a concept plan shall be required for all planned developments. Approval of a concept plan shall be deemed approval for the related planned development.

(3)

(4)

(5)

(6)

City staff review of concept plans:

Concept plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

The city manager shall then submit the corrected plan to the planning and zoning commission.

It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.

Planning and zoning commission review of concept plans:

All concept plan applications shall be reviewed by the planning and zoning commission.

The planning and zoning commission shall review the concept plan and shall recommend to the city council approval, approval subject to certain conditions, or denial of the concept plan.

City council review of and action on concept plans:

All concept plan applications shall be reviewed by the city council after being reviewed by the planning and zoning commission.

The city manager, or his/her designee, shall schedule consideration of the concept plan application on the regular agenda of the city council.

The city council shall review the concept plan and shall approve, approve subject to certain conditions, or deny approval of the concept plan.

(7)

Revisions to the approved concept plan:

Minor revisions/amendments:

Submission materials and requirements for approval of an amended concept plan shall be as determined by the city manager, or his/her designee.

(8)

(f)

Site plan requirement:

(1)

Subsequent site plan approvals may be required if specified as part of the planned development approval.

(2)

Such site plan shall follow the review and approval procedures, and will expire, as outlined in section 28-63 for specific use permits.

(g)

General approval process and procedures:

(1)

(2)

(h)

(i)

Expiration of concept plan and/or site plan:

(1)

(2)

(3)

An approved site plan, if required, shall expire in accordance with subsection 28-63(d).

(4)

(j)

(k)

Ability to retain the rights to the PD project.

(1)

(2)

(3)

Whether the PD district remains consistent with the comprehensive plan;

Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site;

Whether there are extenuating circumstances justifying the failure to submit a site plan, plat, or other required permit during the applicable time period; and

Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.

(4)

Council action. Upon (1), (2) and (3) above occurring, the city council may take the following actions:

Modify the PD district regulations applicable to the property; or

Repeal the PD district for the affected portions of the property and zone such property to another zoning district classification.

(l)

(m)

(Ord. No. 2009-O-4A, §§ (III)(34)(34.1—34.13), 4-14-09; Ord. No. 20191112-009, § 2, 11-12-19)

Sec. 28-63. - SUP—Specific use permits.

(a)

Purpose and intent:

(1)

(2)

(b)

Status of uses permitted by specific use permit:

The following general rules apply to all specific uses:

(1)

(2)

Approval of a specific use permit shall authorize only the particular use for which the SUP is issued.

(3)

(4)

(c)

Application for specific use permit:

(1)

(2)

(d)

Site plan:

(1)

(2)

(3)

(4)

When the overall development project is to be developed in phases, the site plan shall include only the portion of the overall property that is to be developed/constructed;

A vicinity or location map that shows the location of the proposed development within the city (or its ETJ) and in relationship to existing roadways;

The boundary survey limits of the tract (and each proposed lot) and scale distances with north clearly indicated;

Proposed strategies for tree preservation (showing individual trees or tree masses that will preserved, and the techniques that will be used to protect them during construction);

Building facade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the city manager.

(5)

Review and approval of a site plan:

City staff review of site plans.

Site plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

The city manager shall then submit the corrected plan to the planning and zoning commission.

It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.

Planning and zoning commission review of and action on site plans.

All site plan applications shall be reviewed by the planning and zoning commission.

City council review of and action on site plans.

All site plan applications shall be reviewed and finally acted upon by the city council.

The city council shall conduct a public hearing on the SUP application and related site plan. The council shall then approve, approve subject to certain conditions, or deny the site plan.

City council approval of the SUP application and related site plan shall require a simple majority vote.

City council decision on all SUP applications and related site plans shall be final, unless consideration is remanded back to the commission.

(6)

Revisions to the approved site plan:

Minor revisions/amendments.

Submission materials and requirements for approval of an amended site plan shall be as determined by the city manager, or his/her designee.

(7)

(8)

Validity and lapse of site plan approval: A site plan shall be considered a "permit" as described by state law in V.T.C.A., Local Government Code, Ch. 245.005.

Progress benchmarks: The term "progress" shall be as defined based on V.T.C.A., Ch. 245.005 as follows:

Plans for construction and an application for a building permit for at least one of the buildings on the approved site plan are submitted within two years following approval of the site plan.

A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;

Fiscal security is posted with the city to ensure performance of an obligation required by the city; or

Utility connection fees or impact fees for the project have been paid to the city.

Expiration: If one of the items listed in subsections b.1. through b.5. above is not accomplished within the two-year period, then the approved site plan shall expire and shall become null and void.

Extension and reinstatement procedure:

Prior to the lapse of approval for a site plan, the applicant may petition the city (in writing) to extend the site plan approval.

Such petition shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denial by the city council.

In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account:

(i)

The reasons for the lapse,

(ii)

The ability of the property owner to comply with any conditions attached to the original approval, and

(iii)

The extent to which development regulations would apply to the site plan at that point in time.

(e)

Standards:

(1)

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted comprehensive plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use meets all supplemental standards specifically applicable to the use as set forth in this chapter;

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

Off-street parking and loading areas;

Refuse and service areas;

Utilities with reference to location, availability, and compatibility;

Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

Required yards and open space;

Height and bulk of structures;

Hours of operation;

10.

Exterior construction material and building design; and

11.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.

(2)

(3)

(f)

Expiration and extension:

(1)

(g)

Amendment:

(1)

(h)

Other regulations:

(1)

(i)

Use regulations:

(1)

Uses allowed by SUP are specified in section 28-81 (use charts).

(Ord. No. 2009-O-4A, §§ (III)(35)(35.1—35.9), 4-14-09)

Angleton City Zoning Code

ARTICLE III

- ZONING DISTRICTS

Sec. 28-41. - Zoning districts established.

(a)

Abbreviated Designation	Zoning District Name
Base Districts
AG	Agricultural
SFE-20	Single-Family Estate Residential-20 (minimum 20,000 square-foot lots)
SF-10	Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-7.2	Single-Family Residential-7.2 (minimum 7,200 square-foot lots)
SF-6.3	Single-Family Residential-6.3 (minimum 6,300 square-foot lots)
SF-5	Single-Family Residential-5 (minimum 5,000 square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
2F	Two-Family Residential (duplex homes)
SFA	Single-Family Attached Residential (townhomes)
MFR-14	Multifamily Residential-14 (apartments - maximum 14 units/acre)
MFR-29	Multifamily Residential-29 (apartments - maximum 29 units/acre)
MFR-36	Multifamily Residential-36 (apartments - maximum 36 units/acre)
MH	Modular Homes
C-N	Commercial - Neighborhood
C-MU	Commercial - Mixed-Use
C-G	Commercial - General
C-OR	Commercial - Office/Retail
CBD	Central Business District
LI	Light Industrial

Overlay Districts
PD	Planned Development
SUP	Specific Use Permit

(b)

A summary of the area regulations for the following zoning districts is included within appendix B.

(c)

Certain terms and definitions used within this chapter can be found in section 28-112.

(Ord. No. 2009-O-4A, §§ (III)(13)(13.1—13.3), 4-14-09; Ord. No. 2016-O-6B, § 2, 6-14-16)

Sec. 28-42. - AG—Agricultural district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building/house.

Forty-five feet for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than 100 feet from any front, side or rear property line.

Twenty-five feet for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: Five acres (217,800 square feet).

Minimum lot width: 100 feet.

Minimum lot depth: 150 feet.

(2)

Size of yards:

Minimum front yard: 80 feet.

Minimum side yard: 40 feet for interior side yard; 80 feet for a corner lot on a street.

Minimum rear yard: 80 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 40 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use or structure which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(14)(14.1—14.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13)

Sec. 28-43. - SFE-20—Single-family estate residential-20 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 125 feet.

(2)

Size of yards:

Minimum front yard: 40 feet.

Minimum side yard: Ten feet for interior side yard; 20 feet for a corner lot; 30 feet for a key corner lot.

Minimum rear yard: 25 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-14.

(6)

Maximum impervious surface coverage: 50 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(15)(15.1—15.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-44. - SF-10—Single-family residential-10 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 10,000 square feet.

Minimum lot width: 80 feet.

Minimum lot depth: 110 feet.

(2)

Size of yards:

Minimum front yard: 40 feet.

Minimum side yard: Ten feet for interior side yard; fifteen feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 25 feet for the main building and any accessory building(s). (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(16)(16.1—16.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-45. - SF-7.2—Single-family residential-7.2 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 7,200 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet, zero inches for interior side yard; 30 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 20 feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(17)(17.1—17.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-46. - SF-6.3—Single-family residential-6.3 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet, zero inches for interior side yard; 15 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: Twenty feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(18)(18.1—18.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-47. - SF-5—Single-family residential-5 district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 5,000 square feet.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet.

Minimum side yard: Ten feet for interior side yard; 15 feet for a corner lot on a street; 30 feet for a key corner lot.

Minimum rear yard: 15 feet for the main building; 25 feet for rear entry garage. (See section 28-103 for accessory building standards.)

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(2)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(3)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(4)

(5)

Swimming pools: See section 28-110.

(6)

(7)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(8)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(19)(19.1—19.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-48. - SF-PH—Single-family residential—Patio home district (Zero-lot-line homes).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 5,000 square feet.

Maximum project size: The maximum size of a patio home development shall be 40 acres.

Minimum lot width: 50 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet to the garage door face for front-entry homes.

Minimum rear yard: Ten feet for the main building and any accessory building(s); 25 feet for rear entry garage.

(3)

Parking regulations:

Other: See section 28-101, off-street parking and loading requirements.

(4)

Minimum floor area per dwelling unit: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 70 percent.

(e)

Special requirements:

(1)

(2)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and facilities.

(3)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-5 zoning district.

(4)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(5)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

(8)

Swimming pools: See section 28-110.

(9)

(10)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(11)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(20)(20.1—20.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-49. - 2F—Two-family residential district (Duplex homes).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building/house.

One story for other accessory buildings, including detached garage, garden shed, gazebo, etc.

(d)

Area regulations:

(1)

Size of lots for two-family/duplex homes:

Minimum lot area: 10,000 square feet per pair of dwelling units; 5,000 square feet per dwelling unit.

Minimum lot width: 80 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards for two-family/duplex homes:

Minimum front yard: 35 feet; 35 feet to the garage door face for front-entry homes.

Minimum rear yard: 25 feet for the main building and any accessory building(s); 25 feet for rear entry garage. (See section 28-103 for exceptions.)

(3)

Parking regulations:

A minimum of two parking spaces for each dwelling unit on the same lot as the main structure and on a paved driveway having a minimum length of 25 feet as measured from the street right-of-way line.

Also see section 28-101, off-street parking and loading regulations.

(4)

Minimum floor area per dwelling unit for two-family/duplex homes: None.

(5)

Minimum exterior construction standards: See section 28-105.

(6)

Maximum impervious surface coverage: 60 percent.

(e)

Special requirements:

(1)

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-6.3 zoning district.

(2)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(3)

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.

(4)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(5)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(6)

(7)

Swimming pools: See section 28-110.

(8)

(9)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(10)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(21)(21.1—21.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-50. - SFA—Single-family attached residential district (Townhomes).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two and one-half stories, and not to exceed 35 feet, for the main building or house.

One story for other accessory buildings, including detached garage, carports, garden shed, gazebo, clubhouse, mail kiosks, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 2,500 square feet.

Maximum density: Ten units per gross acre of land area within the development.

Maximum project size: The maximum size of a single-family attached residential development shall be 25 acres.

Minimum lot width: 20 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum side yard:

A complex or continuous row of attached single-family dwellings shall have a minimum length of four dwelling units (quadriplex), a maximum length of eight dwelling units.

Minimum rear yard: 15 feet for the main building and any accessory building(s); 20 feet for rear entry garage.

(3)

Maximum lot coverage: 70 percent by main and accessory buildings on each individual lot.

(4)

Parking regulations:

Additional parking shall be required for any recreational uses, clubhouse, office, sales offices and other similar accessory structures and uses.

(5)

Minimum floor area per dwelling unit: 800 square feet of air-conditioned floor area.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Maintenance requirements for common areas. A property owners association is required for continued maintenance of common land and facilities.

(2)

(3)

(4)

All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

(5)

(6)

(7)

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

(8)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(9)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(10)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(11)

(12)

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(16)

(Ord. No. 2009-O-4A, §§ (III)(22)(22.1—22-5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2015-O-11A, § 2, 11-10-15; Ord. No. 20190910-009, § 2, 9-10-19)

Sec. 28-51. - MFR-14—Multifamily residential-14 district (Apartments).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two stories, and not to exceed 35 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 3,000 square feet per dwelling unit, not to exceed 14 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet to the garage door face for front-entry homes.

One-story building: 25 feet.

Two-story building: 50 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air-conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One space for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

Sec. 28-52. - MFR-29—Multifamily residential-29 district (Apartments).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 1,500 square feet per dwelling unit, not to exceed 29 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All areas adjacent to a street shall be deemed front yards. See section 28-106 for additional setback requirements.

One-story building: 25 feet.

Two-story building: 50 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One and a half spaces for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

Sec. 28-53. - MFR-36—Multifamily residential-36 district (Apartments).

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Three stories, and not to exceed 40 feet, for the main building(s).

One story for other accessory buildings, including detached garages, carports, clubhouse, gazebo, mail kiosks, laundry rooms, etc.

Other requirements (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 1,200 square feet per dwelling unit, not to exceed 36 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 6,300 square feet.

Minimum lot width: 60 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 40 feet. All areas adjacent to a street shall be deemed front yards. See section 28-106 for additional setback requirements.

One-story building: 25 feet.

Two-story building: 50 feet.

Over two-story building: 75 feet.

Building separation:

One-story buildings: 15 feet for buildings without openings; 20 feet for buildings with openings.

Two-story buildings (or a two-story building adjacent to a one-story building): 20 feet for buildings without openings; 25 feet for buildings with openings.

Over two-story buildings (or an over two-story building adjacent to a one- or two-story building): 25 feet for buildings with or without openings.

Between a main building and an accessory building: Ten feet.

(3)

Minimum floor area per dwelling unit: 600 square feet of air conditioned floor area.

(4)

Maximum impervious surface coverage: 50 percent.

(5)

Parking regulations:

One and a half spaces for each efficiency or one-bedroom unit.

Two spaces for each two-bedroom unit.

Two and a half spaces for each three-bedroom unit.

Three spaces for each four- or more bedroom unit.

The average number of parking spaces for the total development shall be no less than one space per dwelling unit.

No parking space may be located closer than six feet from any building, nor closer than two feet from any side or rear lot line.

At least one resident parking space per dwelling unit shall be covered.

See section 28-101, off-street parking and loading requirements, for additional requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Landscape area requirements: See section 28-102 for landscaping requirements.

(2)

(3)

Screening requirements: See section 28-104 for screening requirements.

(4)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(5)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

(6)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(7)

All points on the exterior facades of all buildings shall be within 150 feet of a dedicated fire lane easement (as measured by an unobstructed pathway, or route, for fire hoses).

(8)

(9)

Buildings shall not exceed 200 feet in length.

(10)

(11)

(12)

All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.

(13)

(14)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(15)

(16)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

Sec. 28-54. - MH—Manufactured home district.

(a)

(b)

Permitted uses:

(1)

(c)

Area regulations:

(1)

Size of yards (for each space within manufactured home park or subdivision):

Minimum front yard: 25 feet from a dedicated street; 15 feet from any private street or drive. See section 28-106 for additional setback requirements.

Minimum rear yard: Ten feet; 20 feet from any zoning district boundary line.

If a garage is provided, the entry (i.e., door) side of the garage shall have a 25-foot setback as measured from any property or street right-of-way line.

(2)

Size of space (for each space within a manufactured home park):

Minimum lot area: 4,000 square feet per unit.

Minimum lot width: 40 feet.

Minimum lot depth: 100 feet.

(3)

Minimum floor area per dwelling unit: 800 square feet.

(4)

Maximum lot coverage: 50 percent for main building/unit plus any accessory buildings.

(5)

Parking regulations: Two spaces per unit located on the same lot as the unit served (see section 28-101, off-street parking and loading) line.

(6)

Area for manufactured home park: Minimum project area five acres; maximum project area 25 acres.

(7)

Maximum height limit:

Two and one-half stories, and not to exceed 36 feet, for the main building/house.

One story for other accessory buildings, including detached garages, carports, management office, clubhouse, gazebo, mail kiosks, etc.

Other requirements (see section 28-106).

(8)

Minimum exterior construction standards: None (manufactured homes only - all other structures shall conform with section 28-105).

(9)

Maximum impervious surface coverage: 60 percent.

(d)

Supplemental requirements for manufactured home parks:

(1)

(2)

Two visitor parking spaces for every three manufactured home spaces. No manufactured home lot shall be situated further than 150 feet from a visitor space.

Each visitor and/or supplemental parking space will be not less than nine feet by 20, which is not to be included in the lot size for any manufactured home lot.

(3)

Gated/secured entrances shall be in accordance with the city's design standards for gated/secured entrances on private streets.

(4)

Walkways: Designated ADA concrete walkways four feet in width will be provided on both sides of roadways or streets.

(5)

(6)

(7)

(8)

(9)

Electric and telephone service: All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

(10)

(11)

Firefighting:

Approaches to all manufactured homes shall be kept clear for firefighting.

The owner or agent of a manufactured home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of six inches in height.

(12)

(13)

(14)

Skirting:

(e)

Special requirements:

(1)

Single-family, duplex, patio home, or townhouse residential units constructed in this district shall conform to SF-6.3, 2F, SF-PH or SFA district standards, respectively.

(2)

Open/outside storage is permitted provided it does not create a nuisance and is in conformance with the adopted International Property Maintenance Code.

(3)

(4)

(5)

(6)

Any nonresidential land use which may be permitted in this district shall conform to the "C-N"—Commercial-Neighborhood district standards.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(26)(26.1—26.5), 4-14-09; Ord. No. 2013-O7C, § 3, 7-9-13; Ord. No. 2016-O-3A, § 2, 3-8-16)

Sec. 28-55. - C-N—Commercial-Neighborhood district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Two stories, and not to exceed 30 feet, for the main building(s).

One story for accessory buildings.

Other (see section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 5,000 square feet.

Minimum lot width: 25 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 20 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 90 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Maximum building size: The maximum building foot print (first floor) area of a structure shall not exceed 10,000 square feet.

(5)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(6)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outside storage is prohibited without a specific use permit.

(6)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(27)(27.1—27.5), 4-14-09; Ord. No. 2013-O7C, § 4, 7-9-13)

Sec. 28-56. - C-MU—Commercial-mixed-use district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (see section 28-106).

(d)

Area regulations:

(1)

Size of lots:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 20 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end if the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open/outdoor storage is prohibited without a specific use permit.

(6)

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls, and screening requirements (28-104).

• Exterior construction and design requirements (28-105).

• Supplemental regulations (28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(28)(28.1—28.5), 4-14-09; Ord. No. 2013-O7C, § 4, 7-9-13)

Sec. 28-57. - C-G—Commercial-general district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be deemed front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional 20 feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 80 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise permitted by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

(6)

Recreational vehicles: Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(29)(29.1—29.6), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-58. - C-O/R—Commercial-office/retail district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Eight stories, and not to exceed 80 feet, for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: 15 feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 20 feet for one-story building, and an additional ten feet for every story (or fraction thereof) above one-story in height.

(3)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(4)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Arterial street: One driveway per 200 linear feet of frontage.

Collector street: One driveway per 100 linear feet of frontage.

Local street: One driveway per 50 linear feet of frontage.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property without property owner permission.

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

(6)

Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(30)(30.1—30.5), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-59. - CBD—Central business district.

(a)

(b)

Permitted uses:

(1)

(c)

Height regulations:

(1)

Maximum height:

Four stories for the main building(s).

One story for accessory buildings.

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: None specified.

Minimum lot width: None specified.

Minimum lot depth: None specified.

(2)

Size of yards:

Minimum front yard: None specified.

Minimum side yard: None specified.

Minimum rear yard: None specified.

(3)

Maximum lot coverage: 100 percent including main and accessory buildings.

(4)

Maximum floor-area-ratio (FAR): four to one.

(5)

Parking requirements: No on-site parking shall be required within this district. However, if on-site parking is provided, all parking areas shall conform to the requirements of subsection 28-101(c).

(e)

Special requirements:

(1)

Design standards for the CBD district.

False fronts or parapets: False fronts or parapets may be added to existing buildings in order to add character and detail to simple facades.

Facade openings: Facade openings shall comprise at least 40 percent of the building's facade area.

Awnings/canopies:

Projection: Since awnings must extend beyond the building face, a reasonable amount of projection shall be allowed. No awning shall extend more than five feet outward from the building face/surface.

Movement: Except for slight movements that are normal for fabric canopies (i.e., along fringe, etc.), no movement shall be allowed for awnings and canopy structures.

Overhead power lines: New utility lines to business establishments shall be placed underground or toward the rear of existing buildings.

(2)

Open storage: Open storage is prohibited in the CBD district without a specific use permit.

(3)

Outdoor retail sales which involve the outside display of merchandise and/or seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall only be located in front of the property/business which is selling the items and shall not extend into public right-of-way or onto adjacent property (without property owner permission).

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(4)

Architectural design: The architectural design of buildings and sites shall strive to achieve the following objectives:

Architectural compatibility;

Human scale design;

Integration of uses;

Encouragement of pedestrian activity;

Buildings that relate to, and are oriented toward, the pedestrian areas and surrounding buildings; and

Buildings that contain special architectural features to signify entrances.

All building materials shall be established on architectural elevations and supporting information.

(5)

Building facade plan: The architectural style and scale of new/renovated buildings within the CBD district shall be compatible with the styles and scale of other adjacent buildings. Therefore:

Review, approval and appeal procedures shall be the same as the procedures for a site plan, as outlined in section 28-26.

(6)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls and screening requirements (section 28-104).

• Exterior construction and design requirements (section 28-105).

• Supplemental regulations (section 28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(31)(31.1—31.5), 4-14-09; Ord. No. 2013-O-7C, § 4, 7-9-13)

Sec. 28-60. - LI—Light industrial district.

(a)

(b)

Permitted uses:

(1)

Those uses listed for the LI district in section 28-81 as "P" or "S" are authorized uses permitted by right, or by specific use which must be approved utilizing procedures set forth in section 28-63.

(c)

Height regulations:

(1)

Maximum height:

One hundred and twenty feet for the main building(s).

Other (section 28-106).

(d)

Area regulations:

(1)

Size of lot:

Minimum lot area: 10,000 square feet.

Minimum lot width: 100 feet.

Minimum lot depth: 100 feet.

(2)

Size of yards:

Minimum front yard: 35 feet. All yards adjacent to a street shall be considered a front yard (see section 28-106 for additional setback requirements).

Minimum side and rear yard: Ten feet unless adjacent to a residentially zoned property (see below).

Minimum side or rear yard adjacent to a residential district: 30 feet for one-story building, and an additional 15 feet for every story (or fraction thereof) above one-story in height.

(3)

Maximum lot coverage: Maximum 90 percent impervious coverage (including all buildings, parking areas, sidewalks, etc.).

(4)

Parking requirements: As established by section 28-101, off-street parking and loading requirements.

(5)

Minimum exterior construction standards: See section 28-105.

(e)

Special requirements:

(1)

Driveway spacing (i.e., distance between driveways, measured edge-to-edge):

Shall conform to the latest TXDOT spacing standards.

(2)

Landscaping requirements: See section 28-102.

(3)

Screening requirements: See section 28-104.

(4)

Outdoor retail sales which involve the outside display of merchandise and/or seasonal items, shall be limited to the following if not otherwise allowed by a specific use permit:

Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property.

Shall not extend into public right-of-way or onto adjacent property (without property owner permission).

All outside display items that are used or second hand goods shall be moved indoors or stored in accordance with open/outside storage regulations at the end of business each day (outside display of used autos and decorative landscaping materials, after the end of the business day, shall be allowed in those districts where such land uses are permitted).

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(5)

Open storage, without a specific use permit, is limited to a maximum of 20 percent of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building.

(6)

Recreational vehicles, travel trailers, motor homes or temporary buildings may not be used for on-site dwelling or permanent nonresidential purposes.

(7)

Other regulations: See sections 28-101 through 28-112 regarding development standards for:

• Off-street parking and loading requirements (section 28-101).

• Landscape requirements (section 28-102).

• Accessory structure and use regulations (section 28-103).

• Fencing, walls, and screening requirements (28-104).

• Exterior construction and design requirements (28-105).

• Supplemental regulations (28-106).

• Performance standards (section 28-107).

• Lighting and glare standards (section 28-108).

• Home occupation regulations (section 28-109).

• Special regulations for certain types of uses (section 28-110).

• Reserved for future use (section 28-111).

• Definitions (section 28-112).

(Ord. No. 2009-O-4A, §§ (III)(32)(32.1—32.5), 4-14-09; Ord. No. 2013-O-7C, § 5, 7-9-13; Ord. No. 20231212-005-1, § 2, 12-12-23)

Sec. 28-61. - Overlay and special districts.

(Ord. No. 2009-O-4A, §§ (III)(33)(33.1), 4-14-09)

Sec. 28-62. - PD—Planned development overlay district.

(a)

General purpose and description:

(1)

(2)

To provide for a superior design on lots or buildings;

To provide for increased recreation and open space opportunities for public use and enjoyment;

To provide amenities or features that would be of special benefit to the property users or to the overall community;

To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;

To protect or preserve existing historical buildings, structures, features or places;

To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and

To meet or exceed the standards of this chapter.

(3)

(b)

Permitted uses:

(1)

(2)

(3)

(c)

Planned development requirements:

(1)

Allowed or additional (i.e., SUP) uses,

Density,

Lot area, width, and/or depth,

Yard depths and widths,

Building height, size, and/or exterior construction,

Lot coverage,

Floor area ratio,

Parking,

Access,

Screening,

Landscaping,

Accessory buildings,

Signs,

Lighting,

Project phasing or scheduling,

Property management associations, and

Other requirements as the city council and planning and zoning commission may deem appropriate.

(2)

(3)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein, as well as a general statement citing the reason for the PD request.

(d)

(e)

Concept plan:

(1)

(2)

Applicability: Submission and approval of a concept plan shall be required for all planned developments. Approval of a concept plan shall be deemed approval for the related planned development.

(3)

(4)

(5)

(6)

City staff review of concept plans:

Concept plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

The city manager shall then submit the corrected plan to the planning and zoning commission.

It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.

Planning and zoning commission review of concept plans:

All concept plan applications shall be reviewed by the planning and zoning commission.

The planning and zoning commission shall review the concept plan and shall recommend to the city council approval, approval subject to certain conditions, or denial of the concept plan.

City council review of and action on concept plans:

All concept plan applications shall be reviewed by the city council after being reviewed by the planning and zoning commission.

The city manager, or his/her designee, shall schedule consideration of the concept plan application on the regular agenda of the city council.

The city council shall review the concept plan and shall approve, approve subject to certain conditions, or deny approval of the concept plan.

(7)

Revisions to the approved concept plan:

Minor revisions/amendments:

Submission materials and requirements for approval of an amended concept plan shall be as determined by the city manager, or his/her designee.

(8)

(f)

Site plan requirement:

(1)

Subsequent site plan approvals may be required if specified as part of the planned development approval.

(2)

Such site plan shall follow the review and approval procedures, and will expire, as outlined in section 28-63 for specific use permits.

(g)

General approval process and procedures:

(1)

(2)

(h)

(i)

Expiration of concept plan and/or site plan:

(1)

(2)

(3)

An approved site plan, if required, shall expire in accordance with subsection 28-63(d).

(4)

(j)

(k)

Ability to retain the rights to the PD project.

(1)

(2)

(3)

Whether the PD district remains consistent with the comprehensive plan;

Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site;

Whether there are extenuating circumstances justifying the failure to submit a site plan, plat, or other required permit during the applicable time period; and

Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.

(4)

Council action. Upon (1), (2) and (3) above occurring, the city council may take the following actions:

Modify the PD district regulations applicable to the property; or

Repeal the PD district for the affected portions of the property and zone such property to another zoning district classification.

(l)

(m)

(Ord. No. 2009-O-4A, §§ (III)(34)(34.1—34.13), 4-14-09; Ord. No. 20191112-009, § 2, 11-12-19)

Sec. 28-63. - SUP—Specific use permits.

(a)

Purpose and intent:

(1)

(2)

(b)

Status of uses permitted by specific use permit:

The following general rules apply to all specific uses:

(1)

(2)

Approval of a specific use permit shall authorize only the particular use for which the SUP is issued.

(3)

(4)

(c)

Application for specific use permit:

(1)

(2)

(d)

Site plan:

(1)

(2)

(3)

(4)

When the overall development project is to be developed in phases, the site plan shall include only the portion of the overall property that is to be developed/constructed;

A vicinity or location map that shows the location of the proposed development within the city (or its ETJ) and in relationship to existing roadways;

The boundary survey limits of the tract (and each proposed lot) and scale distances with north clearly indicated;

Proposed strategies for tree preservation (showing individual trees or tree masses that will preserved, and the techniques that will be used to protect them during construction);

Building facade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the city manager.

(5)

Review and approval of a site plan:

City staff review of site plans.

Site plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.

The city manager shall then submit the corrected plan to the planning and zoning commission.

It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.

Planning and zoning commission review of and action on site plans.

All site plan applications shall be reviewed by the planning and zoning commission.

City council review of and action on site plans.

All site plan applications shall be reviewed and finally acted upon by the city council.

The city council shall conduct a public hearing on the SUP application and related site plan. The council shall then approve, approve subject to certain conditions, or deny the site plan.

City council approval of the SUP application and related site plan shall require a simple majority vote.

City council decision on all SUP applications and related site plans shall be final, unless consideration is remanded back to the commission.

(6)

Revisions to the approved site plan:

Minor revisions/amendments.

Submission materials and requirements for approval of an amended site plan shall be as determined by the city manager, or his/her designee.

(7)

(8)

Validity and lapse of site plan approval: A site plan shall be considered a "permit" as described by state law in V.T.C.A., Local Government Code, Ch. 245.005.

Progress benchmarks: The term "progress" shall be as defined based on V.T.C.A., Ch. 245.005 as follows:

Plans for construction and an application for a building permit for at least one of the buildings on the approved site plan are submitted within two years following approval of the site plan.

A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;

Fiscal security is posted with the city to ensure performance of an obligation required by the city; or

Utility connection fees or impact fees for the project have been paid to the city.

Expiration: If one of the items listed in subsections b.1. through b.5. above is not accomplished within the two-year period, then the approved site plan shall expire and shall become null and void.

Extension and reinstatement procedure:

Prior to the lapse of approval for a site plan, the applicant may petition the city (in writing) to extend the site plan approval.

Such petition shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denial by the city council.

In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account:

(i)

The reasons for the lapse,

(ii)

The ability of the property owner to comply with any conditions attached to the original approval, and

(iii)

The extent to which development regulations would apply to the site plan at that point in time.

(e)

Standards:

(1)

The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted comprehensive plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use meets all supplemental standards specifically applicable to the use as set forth in this chapter;

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

Off-street parking and loading areas;

Refuse and service areas;

Utilities with reference to location, availability, and compatibility;

Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

Required yards and open space;

Height and bulk of structures;

Hours of operation;

10.

Exterior construction material and building design; and

11.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.

(2)

(3)

(f)

Expiration and extension:

(1)

(g)

Amendment:

(1)

(h)

Other regulations:

(1)

(i)

Use regulations:

(1)

Uses allowed by SUP are specified in section 28-81 (use charts).

(Ord. No. 2009-O-4A, §§ (III)(35)(35.1—35.9), 4-14-09)