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Bartonville City Zoning Code

DIVISION II

DISTRICTS

§ 4.1 ESTABLISHMENT OF DISTRICTS.

A. 
In order to classify and segregate the uses of land and buildings, the following districts are hereby established:
AG
Agricultural (Minimum 10-Acre Lot)
RE-5
Residential Estates 5 (Minimum 5-Acre Lot)
RE-2
Residential Estates 2 (Minimum 2-Acre Lot)
R-1
Single-Family Residential 1 (Minimum 1-Acre Lot)
MH
Manufactured Home
RLI
Rural Light Industrial
RB
Rural Business
VC
Village Center
GC
General Commercial (PD Only District)
PD
Planned Development
P/SP
Public/Semi-Public
CUP
Conditional Use Permit
B. 
For purposes of determining consistency between the zoning ordinance and the Comprehensive Plan, zoning districts must correspond with one of the land use categories on the Land Use Plan of the Comprehensive Plan as set forth in Chart 4.1, which is incorporated by reference herein.
Chart 4.1 Correlation of Zoning Districts and Comprehensive Plan Categories
PLAN CATEGORY
ZONING DISTRICT
RE-5 - 5-Acre Lots
AG - Agricultural - 10-Acre Lots
 
RE-5 - 5-Acre Lots
 
Planned Development - Residential
 
CUP - Conditional Use Permit
RE-2 - 2-Acre Lots
AG - Agricultural - 10-Acre Lots
 
RE-5 - 5-Acre Lots
 
RE-2 - 2-Acre Lots
 
Planned Development - Residential
 
CUP - Conditional Use Permit
Semi-Rural - 1-Acre Lots
AG - Agricultural - 10-Acre Lots
 
RE-5 - 5-Acre Lots
 
RE-2 - 2-Acre Lots
 
Semi-Rural - 1-Acre Lots
 
Planned Development - Residential
 
CUP - Conditional Use Permit
Manufactured Home
AG - Agricultural - 10-Acre Lots
 
RE-5 - 5-Acre Lots
 
RE-2 - 2-Acre Lots
 
Semi-Rural - 1-Acre Lots
 
Manufactured Home
 
Planned Development - Residential
 
CUP - Conditional Use Permit
Retail
AG - Agricultural - 10-Acre Lots
 
RB - Rural Business
 
GC - General Commercial (As Specified by Section [Chapter 13] of this Ordinance)
 
Planned Development - Nonresidential
 
CUP - Conditional Use Permit
Village Center
VC - Village Center
 
Planned Development - Nonresidential
 
CUP - Conditional Use Permit
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 3, adopted 3/15/11; Ordinance 564-14, sec. 3, adopted 7/15/14)

§ 4.2 ZONING MAP.

A. 
Boundaries of all zoning districts shall be shown on the Zoning Map of Bartonville, Texas. The Zoning Map, together with all legends, symbols, notations, references, district boundaries, and other formulation thereon, is incorporated by reference into this section as if fully set forth thereon.
B. 
The Zoning Map and a record of all amendments thereto shall be kept on file with the Town Secretary and shall constitute the original record. A copy of the currently effective Zoning Map shall also be kept by the Town Secretary. Changes in the boundaries of any district shall be reflected on the Zoning Map.
C. 
The Zoning Map may be prepared in sections as required to adequately portray the boundaries of districts. The Zoning Map may include supplemental zoning maps as required to portray street classifications, boundaries of areas subject to specific limitations or exceptions, or such other information as may be required by this Ordinance.
D. 
The existing zoning map shall remain in effect until amended.
(Ordinance 361-05 adopted 3/22/05)

§ 4.3 DISTRICT BOUNDARIES.

A. 
Wherever a lot or site is divided by a district boundary, the regulations applicable within each district shall apply to each portion of the site situated in a separate district.
B. 
The following rules shall apply in the determination of the boundaries of any district shown on the Zoning Map:
1. 
Where boundaries are indicated as approximately following streets or other identifiable property or boundary line, such lines shall be construed to be the district boundary. Where such boundaries are indicated as within street lines or within identifiable rights-of-way or creeks, the centerline thereof shall be construed to be the district boundary.
2. 
Where a district boundary divides an unsubdivided parcel, the location of the district boundary shall be determined by the use of the scale appearing on the Zoning Map unless indicated by dimensions.
3. 
In case of a district boundary line dividing a platted lot into two parts, the district boundary line shall be construed to be the property line nearest the less restricted district.
4. 
Map codes or symbols indicating the classification of property on the Zoning Map in each instance apply to the whole of the area within the district boundaries.
5. 
Where a public street or right-of-way is officially vacated or abandoned, the regulations applicable to the abutting property apply to the centerline of the vacated or abandoned street or right-of-way.
6. 
Should any uncertainty remain as to the location or meaning of a boundary or other feature indicated upon the Zoning Map, said location or meaning shall be determined by the Board of Adjustment.
C. 
Where applicable regulations refer to the “classification” of property, the term “classification” means the zone or district applicable to the property.
(Ordinance 361-05 adopted 3/22/05)

§ 4.4 USES NOT PROVIDED FOR IN ZONING DISTRICT REGULATIONS.

If a proposed land use is not expressly listed as a conditional or permitted use in the zoning district regulations, the procedure set, the procedure set forth [sic] in Section 4.11 shall be used.
(Ordinance 361-05 adopted 3/22/05)

§ 4.5 PROHIBITIVE CONVERSIONS.

Unless expressly provided for in these zoning regulations, no land shall be used and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located. No building or portion thereof designed and constructed as a residential building shall be changed to an office, retail or business use of any type.
(Ordinance 361-05 adopted 3/22/05)

§ 4.6 DESIGNATION OF ANNEXED TERRITORY.

A. 
Zoning for Newly Annexed Territory
1. 
All territory annexed to the Town hereafter shall be zoned by the governing body of the Town simultaneous with annexation or, as soon as practicable thereafter utilizing the procedure set forth in Appendix A. The Town may consider any zoning classification requested by the property owner, or, in the absence of such request in advance of annexation, the Town may zone the property as Agricultural Residential or any other zoning classification reasonably appropriate for the property.
B. 
Issuance of Permits
1. 
Prior to initial zoning of the area, no permit for the construction of a building other than a single-family detached dwelling or accessory building shall be issued by the Building Official.
(Ordinance 361-05 adopted 3/22/05)

§ 4.7 AREA STANDARDS FOR DETACHED SINGLE-FAMILY DWELLINGS.

Minimum front, side and rear yard setbacks in any residential district shall be in accordance with the specifications in Chart 4.2 In the event that the standards identified in Chart 4.2 vary from those specified in the district regulations, the standards in the district regulations shall govern.
Chart 4.2 Area Standards for Residential Lots
Zoning District
Side Yard Setback
(feet)1
Front Yard Setback
(feet)2
Rear Yard Setback
(feet)
Accessory Buildings (Side and Rear Yard Setbacks)
Interior
Street
AG
Lesser of 10% of Lot Width or 50'
See Note 2 Below
50'
50'
Same as Primary Structure
RE-5
Lesser of 10% of Lot Width or 50'
See Note 2 Below
50'
50'
Same as Primary Structure
RE-2
Lesser of 10% of Lot Width or 20'
See Note 2 Below
50'
50'
Same as Primary Structure
R-1
Lesser of 10% of Lot Width or 20'
See Note 2 Below
25'
25'
10'
MH
5'
See Note 2 Below
15'
5'
5'
1.
When adjacent to a side street, the side yard setback of a corner lot shall not be less than the following, whichever is greater:
(a)
150% of the interior side yard setback shown; or
(b)
the front yard setback of any adjacent lot located within 20 feet of the rear lot line of the corner lot, where the front yard of the adjacent lot faces in the same general direction as the side yard of the corner lot.
2.
For lots on cul-de-sacs or similar circumstances, the minimum width shall apply at the front yard setback line.
(Ordinance 361-05 adopted 3/22/05)

§ 4.8 RESIDENTIAL DEVELOPMENT STANDARDS.

Chart 4.3 is a summary of the minimum development and performance standards for the residential zoning districts. In the event that the standards identified in Chart 4.3 vary from those specified in the district regulations, the standards in the district regulations shall govern.
Chart 4.3 Residential Development and Performance Standards Summary Base Density
Zoning District
Minimum Lot Size
(acres)
Minimum Street Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Lot Deep
(feet)
Maximum Height
Maximum Lot Coverage (percent of lot area)
Minimum Dwelling Unit Size
(square feet)1
AG
10
300
250
400
35'/2-1/2 Stories
20
1,500
RE-5
5
300
250
400
35'/2-1/2 Stories
20
1,500
RE-2
2
200
150
240
35'/2-1/2 Stories
30
1,500
R-1
1
150
None
240
35'/2-1/2 Stories
30
1,500
MH
8,500 S.F.
80
None
80
35'/2-1/2 Stories
50
900
Note: In Planned Overlay Districts, density and lot sizes may be different from that tabulated above.
1Minimum dwelling unit size is for the main or primary structure.
2Any residential property, located with frontage on a Private Road which existed prior to January 1, 2015, is exempt from the Minimum Street Frontage on a public road requirement listed in Chart 4.3. All property is required to meet the minimum foot requirement for the appropriate zoning district. Those private roads being the following:
Private Country Court, Dyer Road, Private Latigo Hills Trail, and Private Porter Road.
In the event any of the above noted private roads are subsequently dedicated or otherwise converted to the public and the lots located thereon are also subsequently redeveloped or subdivided, the minimum street frontage requirement in this section shall apply.
(Ordinance 361-05 adopted 3/22/05; Ordinance 390-06, sec. 2, adopted 6/20/06; Ordinance 527-12, sec. 2, adopted 1/17/12; Ordinance 576-15, sec. 2, adopted 1/20/15)

§ 4.9 AREA STANDARDS FOR NONRESIDENTIAL DISTRICTS.

Minimum front, side and rear yard setbacks in any nonresidential district shall be in accordance with the specifications in Chart 4.4. In the event that the standards identified in Chart 4.4 vary from those specified in the district regulations, the standards in the district regulations shall govern.
Chart 4.4 Area Standards for Nonresidential Lots Base Districts
Zoning District
Side Yard Setback
(feet)
Front Yard Setback
(feet)
Rear Yard Setback
(feet)
Accessory Buildings (Side and Rear Yard Setbacks)
Interior
Street
RLI
20
20
40
20
Same as Primary Structure
RB
501
501
50
501
Same as Primary Structure
RS
201
201
50
201
Same as Primary Structure
VC
201
201
50
201
Same as Primary Structure
GC
252
0
50
252
Same as Primary Structure
P/SP
501
501
50
50
Same as Primary Structure
1.
Where adjacent to a residential use, residential zoning district or a planned residential land use area as specified on the Bartonville Land Use Plan, as amended, nonresidential structures equal to or less than 15 feet in height shall observe a minimum setback of 75 feet and nonresidential structures greater than 15 feet in height shall observe a minimum setback equal to 5 feet for each 1 foot in height but not less than 75 feet.
2.
Where adjacent to a residential zoning district to [sic] shall observe a minimum setback equal to 100 feet.
Note: In Planned Overlay Districts, density and lot sizes may be different from that tabulated above.
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 4, adopted 3/15/11; Ordinance 564-14, sec. 4, adopted 7/15/14; Ordinance 633-18, sec. 1, adopted 2/20/18; Ordinance 639-18, sec. 3, adopted 9/18/18)

§ 4.10 NONRESIDENTIAL DEVELOPMENT STANDARDS.

Chart 4.5 is a summary of the minimum development and performance standards for the nonresidential zoning districts. In the event that the standards identified in Chart 4.5 vary from those specified in the district regulations, the standards in the district regulations shall govern.
Chart 4.5 Nonresidential Development and Performance Standards Summary Base Districts
Zoning District
Minimum Lot Size
(acres)
Minimum Lot Width
(feet)
Minimum Lot Depth
(feet)
Maximum Height
(fee)
Maximum Impervious Surface
(percent of lot area)
Maximum Lot Coverage
(percentage of lot area)
Maximum Floor to Area Ratio
(F.A.R.)
RLI
1
130
250
50
80
50
0.4:1.0
RB
1
150
250
25
80
50
0.4:1.0
RS
1
150
250
25
90
50
1.0:1.0
VC
1
150
225
50
90
50
1.0:1.0
GC
1
See Section 13.3 B.3. [B4]
See Section 13.3 B.4. [B5]
50
80
60
0.4:1.0
P/SP
1
150
250
25
80
60
0.4:1.0
1.
No building shall be more than two and one-half (2-1/2) stories in height.
Note: In Planned Overlay Districts, density and lot sizes may be different from that tabulated above.
(Ordinance 361-05 adopted 3/22/05; Ordinance 417-07, sec. 1, adopted 4/17/07; Ordinance 513-11, sec. 5, adopted 3/15/11; Ordinance 564-14, sec. 5, adopted 7/15/14; Ordinance 633-18, sec. 1, adopted 2/20/18; Ordinance 639-18, sec. 3, adopted 9/18/18)

§ 4.11 LAND USES.

A. 
The use of land and/or buildings shall be in accordance with those listed in the following Use Charts. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the Use Charts (Appendix C) is:
P
Designates use permitted in the zoning district indicated.
*
Designates use prohibited (i.e., not allowed) in the zoning district indicated.
C
Designates use may be permitted in the zoning district indicated by Conditional Use Permit (also see Chapter 16).
See Definitions in Chapter 2 of the Zoning Ordinance for further description of uses.
B. 
If a use is not listed (or blank) in the Use Charts, it is not allowed in any zoning district (see Subsection C below).
C. 
Classification of New/Unlisted Uses -
It is recognized that new types of land use will arise in the future, and forms of land use not presently anticipated may seek to locate in the Town of Bartonville. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the Land Use Charts (Appendix C) shall be made as follows:
1. 
Initiation:
a. 
A person, Town department, the Planning and Zoning Commission, or the Town Council may propose zoning amendments to regulate new and previously unlisted uses.
b. 
A person requesting the addition of a new or unlisted use shall submit to the Town Secretary, or his/her designee, all information necessary for the classification of the use, including but not limited to:
1. 
The nature of the use and whether the use involves dwelling activity, sales, services, or processing;
2. 
The type of product sold or produced under the use;
3. 
Whether the use has enclosed or open storage and the amount and nature of the storage;
4. 
Anticipated employment typically anticipated with the use;
5. 
Transportation requirements;
6. 
The nature and time of occupancy and operation of the premises;
7. 
The off-street parking and loading requirements;
8. 
The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
9. 
The requirements for public utilities such as sanitary sewer and water and any special public services that may be required; and
10. 
Impervious surface coverage.
2. 
The Town Secretary, or his/her designee, shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in Subsection b. above. An amendment to this Ordinance shall be required as prescribed by Appendix A.
3. 
The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted (by right or by CUP).
4. 
The Planning and Zoning Commission shall transmit its findings and recommendations to the Town Council as to the classification proposed for any new or unlisted use. The Town Council shall approve or disapprove the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the Zoning Ordinance according to Appendix A.
5. 
Standards for new and unlisted uses may be interpreted by the Town Secretary, or his/her designee, as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined in Subsection b. above shall be followed for determination of the appropriate district. The decision of the Town Secretary, or his/her designee, may be appealed according to the process outlined in Subsections 2. through 4. above.
(Ordinance 361-05 adopted 3/22/05)

§ 5.1 PURPOSE.

The Agricultural district (AG) is intended as an area for very low density residential and agriculturally oriented types of uses. The principal purpose of the AG district is to accommodate those property owners who wish to maintain active agricultural operations on their property and to avoid potential conflicts with adjacent residential uses. The AG district will be established only upon request of property owners in the RE-5, RE-2, R-1, Manufactured Home, Retail or Village Center, categories as shown on Chart 4.1 of this Ordinance.
(Ordinance 361-05 adopted 3/22/05)

§ 5.2 USES PERMITTED.

A. 
Those uses listed for the AG district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
(Ordinance 361-05 adopted 3/22/05)

§ 5.3 KEEPING ANIMALS FOR AGRICULTURAL USES.

All agricultural uses involving animals shall be undertaken in conformance with the rules and regulations of the Town of Bartonville.
(Ordinance 361-05 adopted 3/22/05)

§ 5.4 DEVELOPMENT AND PERFORMANCE STANDARDS.

Single-family Dwelling Unit Standards for the AG district:
A. 
Minimum lot size is 10 acres.
B. 
All single-family dwelling units must meet the minimum standards for lot width, front yard setback, side yard setback and rear yard setback as set forth in Chart 4.2, which is incorporated herein by reference, except as may be further modified by Division IV, Special Requirements.
C. 
All single-family dwelling units must meet the standards for lot depth, height, lot coverage and dwelling unit size set forth in Chart 5.1, which is incorporated herein by reference, except as may be further modified by the Special Regulations in Division IV.
Chart 5.1
Development Standards
AG ZONING DISTRICT
DEVELOPMENT STANDARDS
AG DISTRICT
Minimum Lot Depth
400 feet
Maximum Height
2-1/2 stories but not to exceed 35'
Maximum Lot Coverage
20% of lot
Minimum Dwelling Unit Size1
1,500 sq. ft.
1Minimum dwelling unit size is for the main or primary structure.
D. 
[Reserved]
E. 
Standards for Nonresidential Uses.
Site plan approval (see Chapter 2 [3]) shall be required for any permitted nonresidential use (e.g., school, church, private recreation facility, etc.) in the AG district. Any nonresidential land use which may be permitted in this district shall conform to the “RB” - Rural Business standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the Town’s standards.
F. 
Supplemental Standards.
1. 
The supplemental standards set forth in the Special Requirements of Division IV shall apply to all uses authorized in this district, as particularly stated therein.
2. 
Minimum Parcel Size.
Except for property on which an existing residence is located, an application for zoning amendment to an AG district shall not be granted unless the application is for 10 or more acres.
G. 
Miscellaneous.
1. 
Any buildings or structures for raising, feeding, housing or sale of livestock or poultry shall be located no closer than fifty (50) feet from the property line.
2. 
The minimum setback requirements for recreational vehicles shall be the same as the minimum setback requirements for accessory buildings. No recreational vehicle shall be connected to any utilities. Habitation and/or temporary occupancy is prohibited. Recreational vehicles may be occupied in conjunction with an approved gas well drilling permit when twenty-four-hour on-site supervision is required.
3. 
Above-ground electrical fencing (does not include underground “virtual fencing,” which is allowed), wire mesh (such as hog wire, chicken wire) and barbed wire are prohibited as perimeter fencing except for containment of farm animals on parcels of four (4) or more acres.
4. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, farm equipment, etc.).
5. 
In-ground swimming pools shall maintain a minimum setback equal to the lesser of twenty (20) feet from all property lines or a distance equal to the minimum setback requirements for accessory buildings. The minimum setbacks for above-ground pools shall be the same as the minimum setback requirements for accessory buildings.
6. 
Fences shall conform to the requirements set forth in town code Chapter 3, article 3.10.
7. 
Other Regulations - As established by Division IV.
8. 
Water storage tanks used in conjunction with a fully functioning private water well shall meet the setback requirements for accessory buildings.
(Ordinance 361-05 adopted 3/22/05; Ordinance 476-09, sec. 2, adopted 6/16/09; Ordinance 760-23 adopted 11/21/2023)

§ 6.1 PURPOSE.

The Residential Estates 5 (RE-5) district is intended as an area for very low density residential use, with a minimum lot size of five acres. The principal purposes of this zoning district are to conserve and protect agricultural uses, guide development in an orderly fashion in rural areas, and prevent conflicting urban and rural uses. This district is appropriate for selected locations where rural characteristics are desired or where terrain or public service capacities necessitate very low densities. The RE-5 district is appropriate in the RE-5, RE-2, Semi-Rural, and Manufactured Home land use categories as shown on Chart 4.1 of this Ordinance.
(Ordinance 361-05 adopted 3/22/05)

§ 6.2 USES PERMITTED.

A. 
Those uses listed for the RE-5 district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
(Ordinance 361-05 adopted 3/22/05)

§ 6.3 KEEPING ANIMALS FOR AGRICULTURAL USES.

All agricultural uses involving animals shall be undertaken in conformance with the applicable rules and regulations of the Town of Bartonville.
(Ordinance 361-05 adopted 3/22/05)

§ 6.4 DEVELOPMENT AND PERFORMANCE STANDARDS.

Single-Family Dwelling Unit Standards for the RE-5 district:
A. 
Minimum lot size for a single-family dwelling unit is 5 acres.
B. 
All single-family dwelling units must meet the minimum standards for lot width, front yard setback, side yard setback and, rear yard setback as set forth in Chart 4.2, which is incorporated herein by reference, except as may be further modified by the Special Requirements of Division IV.
C. 
All single-family dwelling units must meet the standards for lot depth, height, lot coverage and dwelling unit size set forth in Chart 6.1, which is incorporated herein by reference, except as may be further modified by Division IV Special Requirements.
Chart 6.1
Development Standards
RE-5 ZONING DISTRICT
DEVELOPMENT STANDARDS
RE-5 DISTRICT
Minimum Lot Depth
400 feet
Maximum Height
2-1/2 stories but not to exceed 35'
Maximum Lot Coverage
20% of lot
Minimum Dwelling Unit Size1
1,500 sq. ft.
1Minimum dwelling unit size is for the main or primary structure.
D. 
Standards for Nonresidential Uses.
Site plan approval (see Chapter 2 [3]) shall be required for any nonresidential use (e.g., school, church, private recreation facility, etc.) in the RE-5 district. Any nonresidential land use which may be permitted in this district shall conform to the “RB” - Rural Business standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the Town’s standards.
E. 
Supplemental Standards.
1. 
The Special Requirements in Division IV shall apply to all uses authorized in this district, as particularly stated therein.
2. 
Minimum Parcel Size.
Except for property on which an existing residence is located, an application for zoning amendment to an RE-5 district shall not be granted unless the application is for five (5) or more acres.
F. 
Miscellaneous.
1. 
Any buildings or structures for raising, feeding, housing or sale of livestock or poultry shall be located no closer than fifty (50) feet from the property line.
2. 
The minimum setback requirements for recreational vehicles shall be the same as the minimum setback requirements for accessory buildings. No recreational vehicle shall be connected to any utilities. Habitation and/or temporary occupancy is prohibited. Recreational vehicles may be occupied in conjunction with an approved gas well drilling permit when twenty-four-hour on-site supervision is required.
3. 
Fences shall conform to the requirements set forth in town code Chapter 3, article 3.10.
4. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, farm equipment, etc.).
5. 
In-ground swimming pools shall maintain a minimum setback equal to the lesser of twenty (20) feet from side and rear property lines or a distance equal to the minimum setback requirements for accessory buildings. The minimum side and rear setback for above-ground pools shall be the same as the minimum setback requirements for accessory buildings. All pools must maintain a minimum front yard setback equal to the distance measured from the primary structure to the front lot line.
6. 
Fences shall conform to the requirements set forth in town code Chapter 3, article 3.10.
7. 
Other Regulations - As established by Division IV.
8. 
Water storage tanks used in conjunction with a fully functioning private water well shall meet the setback requirements for accessory buildings.
(Ordinance 361-05 adopted 3/22/05; Ordinance 476-09, sec. 3, adopted 6/16/09; Ordinance 760-23 adopted 11/21/2023)

§ 7.1 PURPOSE.

The Residential Estates 2 (RE-2) district is intended as an area for low density residential use, with a minimum lot size of two acres. The principal purposes of this zoning district are to provide areas for rural residential development, guide development in an orderly fashion, and allow for a land use buffer for areas of lower intensity. This district is appropriate for selected locations where the Town is transitioning from high intensity areas to very low density residential and agricultural areas. The RE-2 district is appropriate in the RE-2, Semi-Rural, and Manufactured Home land use categories as shown on Chart 4.1 of this Ordinance.
(Ordinance 361-05 adopted 3/22/05)

§ 7.2 USES PERMITTED.

A. 
Those uses listed for the RE-2 district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
(Ordinance 361-05 adopted 3/22/05)

§ 7.3 KEEPING ANIMALS FOR AGRICULTURAL USES.

All agricultural uses involving animals shall be undertaken in conformance with the rules and regulations of the Town of Bartonville.
(Ordinance 361-05 adopted 3/22/05)

§ 7.4 DEVELOPMENT AND PERFORMANCE STANDARDS.

Single-Family Dwelling Unit Standards for the RE-2 District:
A. 
Minimum lot size for a single-family dwelling unit is two acres.
B. 
All single-family dwelling units must meet the minimum standards for lot width, front yard setback, side yard setback and rear yard setback, as set forth in Chart 4.2, which is incorporated herein by reference, except as may be further required in Division IV by the Special Regulations.
C. 
All single-family dwelling units must meet the standards for lot depth, height, lot coverage and dwelling unit size set forth in Chart 7.1, which is incorporated herein by reference, except as may be further modified by the Special Requirements in Division IV.
Chart 7.1
Development Standards
RE-2 ZONING DISTRICT
DEVELOPMENT STANDARDS
RE-2 DISTRICT
Minimum Lot Depth
240'
Maximum Height
2-1/2 stories but not to exceed 35'
Maximum Lot Coverage
30% of lot
Minimum Dwelling Unit Size1
1,500 sq. ft.
1Minimum dwelling unit size is for the main or primary structure.
D. 
Standards for Nonresidential Uses.
Site plan approval (see Chapter 2 [3]) shall be required for any nonresidential use (e.g., school, church, private recreation facility, etc.) in the RE-2 district. Any nonresidential land use which may be permitted in this district shall conform to the “RB” - Rural Business standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the Town’s standards.
E. 
Supplemental Standards.
1. 
The supplemental standards set forth in the Supplemental Requirements in Division IV shall apply to all uses authorized in this district, as particularly stated therein.
2. 
Minimum Parcel Size.
Except for property on which an existing residence is located, an application for zoning amendment to an RE-2 district shall not be granted unless the application is for 2 or more acres.
3. 
Minimum Parcel Size for Equestrian Center or Animal-Assisted Therapy Uses:
An application for a CUP to allow an equestrian center or animal-assisted therapy use shall not be granted unless the application is for 5 or more acres.
F. 
Miscellaneous.
1. 
Any buildings or structures for raising, feeding, housing or sale of livestock or poultry shall be located no closer than fifty (50) feet from the property line.
2. 
The minimum setback requirements for recreational vehicles shall be the same as the minimum setback requirements for accessory buildings. No recreational vehicle shall be connected to any utilities. Habitation and/or temporary occupancy is prohibited.
3. 
Fences shall conform to the requirements set forth in Chapter 20, Section 20.3.
4. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, farm equipment, etc.).
5. 
In-ground swimming pools shall maintain a minimum setback equal to the lesser of twenty (20) feet from side and rear property lines or a distance equal to the minimum setback requirements for accessory buildings. The minimum side and rear setback for above-ground pools shall be the same as the minimum setback requirements for accessory buildings. All pools must maintain a minimum front yard setback equal to the distance measured from the primary structure to the front lot line.
6. 
Other Regulations - As established by Division IV.
7. 
Water storage tanks used in conjunction with a fully functioning private water well shall meet the setback requirements for accessory buildings.
(Ordinance 361-05 adopted 3/22/05; Ordinance 476-09, sec. 4, adopted 6/16/09; Ordinance 637-18, sec. 2, adopted 8/13/18; Ordinance 652-19, sec. 4, adopted 1/15/19; Ordinance 760-23 adopted 11/21/2023)

§ 8.1 PURPOSE.

The Single-Family Residential 1 (R-1) District is intended to accommodate existing development with minimum lot sizes of one acre. Additional zoning beyond that already within the Town is not appropriate. The R-1 district corresponds to and implements the Semi-Rural land use category as shown on Chart 4.1 of this Ordinance.
(Ordinance 361-05 adopted 3/22/05)

§ 8.2 USES PERMITTED.

A. 
Those uses listed for the R-1 district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
(Ordinance 361-05 adopted 3/22/05)

§ 8.3 ADDITIONAL MAPPING RESTRICTED.

A. 
With the exception of that existing area within the Town limits, no additional R-1 districts shall be mapped.
(Ordinance 361-05 adopted 3/22/05)

§ 8.4 DEVELOPMENT AND PERFORMANCE STANDARDS.

Single-Family Dwelling Unit Standards for the R-1 District:
A. 
Minimum lot size for a single-family dwelling unit is one (1) acre.
B. 
All single-family dwelling units must meet the minimum standards for lot width, front yard setback, side yard setback and rear yard setback, as set forth in Chart 4.2, which is incorporated herein by reference, except as may be further in Division IV.
C. 
All single-family dwelling units must meet the standards for lot depth, height, lot coverage and dwelling unit size set forth in Chart 8.1, which is incorporated herein by reference, except as may be further required in the Special Requirements in Division IV.
Chart 8.1
Development Standards
R-1 ZONING DISTRICT
DEVELOPMENT STANDARDS
R-1 DISTRICT
Minimum Lot Depth
240'
Maximum Height
2-1/2 stories but not to exceed 35'
Maximum Lot Coverage
30% of lot
Minimum Dwelling Unit Size1
1,500 sq. ft.
1Minimum dwelling unit size is for the main or primary structure.
D. 
[Reserved]
E. 
Standards for Nonresidential Uses.
Site plan approval (see Chapter 2 [3]) shall be required for any nonresidential use (e.g., school, church, private recreation facility, etc.) in the R-1 district. Any nonresidential land use which may be permitted in this district shall conform to the “RB” - Rural Business standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the Town’s standards.
F. 
Supplemental Standards.
1. 
The supplemental standards set forth in the Special Requirements in Division IV shall apply to all uses authorized in this district, as particularly stated therein.
2. 
MinimumParcelSize.
Except for property on which an existing residence is located, an application for zoning amendment to an R-1 district shall not be granted.
G. 
Miscellaneous.
1. 
Any buildings or structures for raising, feeding, housing of livestock or poultry shall be located no closer than fifty (50) feet from the property line.
2. 
The minimum setback requirements for recreational vehicles shall be the same as the minimum setback requirements for accessory buildings. No recreational vehicle shall be connected to any utilities. Habitation and/or temporary occupancy is prohibited.
3. 
Fences shall conform to the requirements set forth in town code Chapter 3, article 3.10.
4. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, farm equipment, etc.).
5. 
The minimum setback requirements for recreational vehicles shall be the same as the minimum setback requirements for accessory buildings. No recreational vehicle shall be connected to any utilities. Habitation and/or temporary occupancy is prohibited. Recreational vehicles may be occupied in conjunction with an approved gas well drilling permit when twenty-four-hour on-site supervision is required.
6. 
Other Regulations - As established by Division IV.
7. 
Water storage tanks used in conjunction with a fully functioning private water well shall meet the setback requirements for accessory buildings.
(Ordinance 361-05 adopted 3/22/05; Ordinance 476-09, sec. 5, adopted 6/16/09; Ordinance 760-23 adopted 11/21/2023)

§ 9.1 PURPOSE.

The Manufactured Home (MH) district is a detached residential district establishing standards for a manufactured home subdivision and is intended to accommodate the existing manufactured home subdivision located within the Town of Bartonville. The Manufactured Home district establishes minimum criteria for MH subdivisions. Areas zoned for the MH district shall be designed to adequately accommodate storm drainage; they shall have paved streets in accordance with the Town of Bartonville Development Ordinance 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.
(Ordinance 361-05 adopted 3/22/05)

§ 9.2 USES PERMITTED.

A. 
Those uses listed for the MH district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
(Ordinance 361-05 adopted 3/22/05)

§ 9.3 ADDITIONAL MAPPING RESTRICTED.

A. 
With the exception of that existing area within the Town limits, no additional MH districts shall be mapped.
(Ordinance 361-05 adopted 3/22/05)

§ 9.4 DEVELOPMENT AND PERFORMANCE STANDARDS.

Manufactured Home Dwelling Unit Standards for the MH District:
A. 
Minimum lot size for a single-family dwelling unit is eight thousand and five hundred (8,500) square feet.
B. 
All single-family dwelling units must meet the minimum standards for lot width, front yard setback, side yard setback and rear yard setback, as set forth in Chart 4.2, which is incorporated herein by reference, except as may be further modified in Division IV.
C. 
All single-family dwelling units must meet the standards for lot depth, height, lot coverage and dwelling unit size set forth in Chart 9.1, which is incorporated herein by reference, except as may be further required in the Special Requirements in Division IV.
Chart 9.1
Development Standards
MH ZONING DISTRICT
DEVELOPMENT STANDARDS
R-1 DISTRICT
Minimum Lot Depth
80'
Maximum Height
2-1/2 stories but not to exceed 35'
Maximum Lot Coverage
50% of lot
Minimum Dwelling Unit Size1
900 sq. ft.
1Minimum dwelling unit size is for the main or primary structure.
D. 
Standards for Nonresidential Uses.
Site plan approval (see Chapter 2 [3]) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district. Any nonresidential land use which may be permitted in this district shall conform to the “RB” - Rural Business standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the Town’s standards.
E. 
Supplemental Standards.
1. 
The Special Requirements in Division IV shall apply to all uses authorized in this district, as particularly stated therein.
2. 
Except for property on which an existing residence is located, an application for zoning amendment to an MH district shall not be granted.
F. 
Miscellaneous.
1. 
Any buildings, structure or yard for raising, feeding, pasturing, housing of livestock or poultry shall be located no closer than fifty (50) feet from the property line.
2. 
The minimum setback requirements for recreational vehicles shall be the same as the minimum setback requirements for accessory buildings. No recreational vehicle shall be connected to any utilities. Habitation and/or temporary occupancy is prohibited.
3. 
[Reserved]
4. 
Fences shall conform to the requirements set forth in town code Chapter 3, article 3.10.
5. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, farm equipment, etc.).
6. 
Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-four feet (24') 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 right-of-way line shall also be twenty-four feet (24').
7. 
Swimming pools (pursuant to applicable rules and regulations of the Town of Bartonville).
8. 
Other Regulations - As established by Division IV.
9. 
All swimming pools shall maintain a minimum setback of five (5) feet from side and rear property lines. Front yard setbacks shall be equal to the distance measured from the primary structure to the front lot line.
(Ordinance 361-05 adopted 3/22/05; Ordinance 476-09, sec. 5, adopted 6/16/09; Ordinance 760-23 adopted 11/21/2023)

§ 10.1 PURPOSE.

The Rural Light Industrial (RLI) District is intended to accommodate newly annexed area in the southern portion of the Town that includes existing development with minimum lot sizes of one acre. RLI zoning is not appropriate in other areas of Town.
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 6, adopted 3/15/11)

§ 10.2 USES PERMITTED.

A. 
Those uses listed for the RLI district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 6, adopted 3/15/11)

§ 10.3 DEVELOPMENT AND PERFORMANCE STANDARDS.

A. 
Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 10.1, unless further modified by the Minimum Design Criteria in Subsection B. below, [or] the Special Requirements in Division IV.
Chart 10.1
Development Standards
RLI ZONING DISTRICT
DEVELOPMENT STANDARDS
RLI DISTRICT
Front Yard Setback
40 feet
Side Yard Setback:
Standard Adjacent to Residential District or Use
20 feet
Rear Yard Setback:
Standard Adjacent to Residential District or Use
20 feet
Maximum Height
50'
Maximum Lot Coverage
50%
Maximum Floor Area Ratio
0.4:1.0
B. 
Special Area Regulations:
1. 
Minimum Lot Size -
One (1) Acre
2. 
Maximum Impervious Surface -
Eighty percent (80%) of total lot
3. 
Minimum Lot Width -
One hundred and thirty feet (130')
4. 
Minimum Lot Depth -
Two hundred and fifty feet (250')
C. 
Minimum Design Criteria:
1. 
Building Orientation:
a. 
The primary structure shall have its primary orientation toward a front yard. Said primary orientation shall include a main or primary entrance.
b. 
Loading Docks or Loading Areas:
1. 
Shall not be permitted to be visible from a street and shall not be accessed directly from a street.
2. 
Shall conform to the Special Requirements in Division IV.
c. 
Exterior Construction/Design:
1. 
Exterior Materials:
a. 
The front facade of the primary structure shall contain a minimum of fifty percent (50%) masonry material.
b. 
Said masonry material shall be limited to clay fired brick, Austin stone, cast stone or other such comparable masonry material as approved by the Town.
2. 
Colors:
a. 
The primary exterior color of buildings shall be comprised of earth tones and shall be used on at least eighty-five percent (85%) of the building facade, exclusive of doors and windows.
b. 
Secondary accent color(s) may be used on a maximum of fifteen percent (15%) of the exterior facade, exclusive of doors and windows.
c. 
Trim colors shall complement the colors used to meet Subsection 2.a.
d. 
Colors shall be specifically approved on the building elevations submitted and approved with the mandatory General Site Plan or Administrative Site Plan.
d. 
Awnings/Canopies:
1. 
The use of decorative awnings/canopies is permitted provided that all awnings/canopies are designed to be compatible with the structure in which they are located.
2. 
Awnings/canopies shall be of a consistent pattern, size, shape and material and shall be consistent or complementary to construction of the building and approved with site plan approval.
3. 
A minimum clearance of eight (8) feet must be maintained above all sidewalks and a minimum clearance of fourteen (14) feet must be maintained above the street pavement.
e. 
Roofs:
1. 
Flat roofs are prohibited.
2. 
Roofs shall have minimum slopes of four (4) feet of rise for every twelve (12) feet of run (4:12).
2. 
Lighting:
a. 
Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria:
1. 
Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure and with the designs depicted in Appendix D.
2. 
A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate.
3. 
Installed light sources may not use the equivalent of more than 1,200 lumens per bulb and shall be installed in such a manner so as to be shielded from public view and mitigate glare and light spill.
4. 
There shall be no direct illumination of any residential use or zoning district adjacent to a proposed RB District development.
5. 
Lights shall be fully shielded to minimize light trespass onto any residential zoning district. “Fully shielded” means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light-emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.
3. 
Open Storage:
All open storage must be completely screened from view from all property lines and public rights-of-way.
4. 
Trash Storage Areas and Mechanical Equipment:
a. 
All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met:
1. 
Mechanical Equipment Screening: Ground-Mounted Mechanical Equipment and similar items shall be fully screened from view.
2. 
Roof-Mounted Equipment:
a. 
Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment.
b. 
The structural screen specified in Subsection 1. [a.] above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure.
c. 
Screening Elements Extending More than Five Feet (5') Above the Roof Elevation: Portions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation.
b. 
Trash Receptacle Screening:
1. 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
2. 
Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
5. 
Loading and Service Areas:
a. 
Loading and service areas shall be located at the side or rear of the primary structure.
b. 
A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semitrailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as specified on the Town of Bartonville Comprehensive Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of materials that are of like and similar materials to those of the primary structure.
c. 
The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.
d. 
Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance.
6. 
Parking:
a. 
Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance.
b. 
All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks).
7. 
Compatibility with Residential Uses:
a. 
Compatibility Buffer:
1. 
A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses as specified on the Town of Bartonville Comprehensive Plan, as amended. Said landscape plan shall be subject to the following standards:
a. 
The landscaped setback shall consist of a minimum ten-foot (10') landscape buffer. Understory plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen.
b. 
Native shade trees, a minimum of three inches (3") in trunk diameter as measured four feet (4') above the ground and of a species included in Chapter 31 shall be provided at a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center.
D. 
Exception to Minimum Design Criteria:
1. 
Exceptions to the requirements for exterior construction materials as specified herein may be permitted on a case-by-case basis. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the Town Council for approval after recommendation by the Planning and Zoning Commission. If requested by the Town, a sample of the material(s) proposed may be required to be submitted with the site plan.
2. 
Town Council may approve alternative exterior materials if it is determined to be equivalent or better than those materials specified by this Chapter.
3. 
Consideration for exceptions to the exterior materials requirements may be authorized to achieve the following:
a. 
Architectural design and creativity - architectural variances may be considered to achieve a specific architectural theme or design that requires the use of alternative materials than those specified; or
b. 
Compatibility with surrounding developed properties.
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 6, adopted 3/15/11)

§ 10.4 SPECIAL REQUIREMENTS.

A. 
Driveway Spacing
(distance between driveways, measured edge-to-edge):
1. 
Arterial street - One driveway per two hundred and fifty (250) linear feet of frontage.
2. 
Collector street - One driveway per one hundred (100) linear feet of frontage.
3. 
Local street - One driveway per fifty (50) linear feet of frontage.
4. 
Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency.
B. 
Driveway Separation from Intersections
(distance measured from the centerline of the rights-of-way to the pavement edge of the driveway):
1. 
Arterial street intersection with another street - Two hundred and fifty feet (250').
2. 
Collector street intersection with another street - One hundred feet (100').
3. 
Residential street intersection with another street - Fifty feet (50').
C. 
Site Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the Town Council (in accordance with Chapter 3) shall be required for any tract/lot within the RLI district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the Town Council.
D. 
Building facade or elevation plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The Town may, as is deemed appropriate, require submission of additional information and materials such as actual samples of proposed exterior building materials during the Site Plan review process.
E. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
F. 
Maintenance Requirements for Common Areas -
A property owners’ association is required for continued maintenance of any common land and facilities provided within the development (see the Subdivision Ordinance for POA/HOA requirements).
G. 
Other Regulations -
As established in the Special Requirements in Division IV.
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 6, adopted 3/15/11)

§ 11.1 PURPOSE.

The Rural Business (RB) district is intended to provide local shopping facilities which provide retail business service and office facilities for the convenience of residents of the Town. Site development regulations and performance standards are intended to ensure that uses will be compatible and complementary in scale and appearance with a residential environment. The RB district corresponds to and implements the Retail land use category as shown on Chart 4.1 of this Ordinance.
(Ordinance 361-05 adopted 3/22/05)

§ 11.2 USES PERMITTED.

A. 
Those uses listed for the RB district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
B. 
Accessory buildings and structures incidental to the operation of the retail business or service activities specified in Appendix C above shall be permitted, provided that the building or structure does not exceed four hundred (400) square feet, is located behind the primary structure, and is constructed with the same or similar building facade and material as the primary structure and pursuant to Section.
C. 
Outside display incidental to the operation of the retail business or service activities specified in Appendix C shall be permitted. However, outside storage of goods, merchandise or equipment is prohibited. Except as otherwise permitted as a conditional use, no outside display may be located outside a rectangular area extending no more than thirty feet (30') from the front face of the primary structure on the lot or tract and limited in to the width of the primary structure. The display must be stored or removed daily at the close of business hours.
(Ordinance 361-05 adopted 3/22/05)

§ 11.3 DEVELOPMENT AND PERFORMANCE STANDARDS.

A. 
Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 11.1, unless further modified by the Minimum Design Criteria in Subsection B. below, [or] the Special Requirements in Division IV.
Chart 11.1.
Development Standards
RB ZONING DISTRICT
DEVELOPMENT STANDARDS
RB DISTRICT
Front Yard Setback
50 feet (or as specified in subsection B. below)
Side Yard Setback:
 
Standard
50 feet
Adjacent to Residential District or Use
See subsection B.1. below
Rear Yard Setback:
 
Standard
50 feet
Adjacent to Residential District or Use
See subsection B.1. below
Maximum Height
25'
Maximum Lot Coverage
50%
Maximum Floor Area Ratio
0.4:1.0
B. 
Special Area Regulations:
1. 
Special Side and Rear Yard Setbacks -
These special side and rear yard setbacks shall apply where a proposed nonresidential use is adjacent to a residential use, residential zoning district or a planned residential use as specified on the Town of Bartonville Land Use Plan, as amended.
a. 
Nonresidential Structures equal to or less than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - Seventy-five (75) feet from a side or rear property line[.]
b. 
Nonresidential Structures more than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - Five (5) foot for each five (5) feet in height but not less than seventy-five (75) feet[.]
2. 
All retail uses authorized within this district must be contained in a detached, freestanding building. A detached building does not abut any other building and all sides of the building are surrounded by a yard, a parking area or open and vacant space.
a. 
Nonretail uses are authorized in semi-detached buildings. These uses may have no more than one common wall provided the exterior sides of the building are surrounded by a yard, a parking area or open and vacant space.
3. 
Minimum Lot Size -
One (1) Acre
4. 
Maximum Impervious Surface -
Eighty percent (80%) of total lot
5. 
Minimum Lot Width -
One hundred and fifty feet (150')
6. 
Minimum Lot Depth -
Two hundred and fifty feet (250')
C. 
Minimum Design Criteria:
1. 
Building Orientation:
a. 
The primary structure shall have its primary orientation toward a front yard. Said primary orientation shall include a main or primary entrance.
b. 
Loading Docks or Loading Areas:
1. 
Shall not be permitted to be visible from a street and shall not be accessed directly from a street.
2. 
Shall conform to the Special Requirements in Division IV.
c. 
Primary Entrances:
1. 
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2. 
Buildings shall incorporate lighting and changes in mass, surface or finish giving emphasis to primary entrances.
d. 
Exterior Construction/Design:
1. 
Exterior Materials:
a. 
The front facade of the primary structure shall contain a minimum of ninety percent (90%) masonry material.
b. 
Said masonry material shall be limited to clay-fired brick, Austin stone, cast stone or other such comparable masonry material as approved by the Town.
c. 
Prefinished metal wall panels, concrete blocks, halite blocks and stucco are prohibited.
2. 
Colors:
a. 
The primary exterior color of buildings shall be comprised of earth tones and shall be used on at least eighty-five percent (85%) of the building facade, exclusive of doors and windows.
b. 
Secondary accent color(s) may be used on a maximum of fifteen percent (15%) of the exterior facade, exclusive of doors and windows.
c. 
Trim colors shall complement the colors used to meet Subsection 2.a.
d. 
Colors shall be specifically approved on the building elevations submitted and approved with the mandatory General Site Plan or Administrative Site Plan.
e. 
Windows:
1. 
Windows shall be of a residential style consistent with the design(s) depicted in Exhibit C [Appendix D] (architectural standards).
2. 
Windows shall be provided with trim.
3. 
Windows shall not be flush with the exterior wall treatment.
4. 
Total window area shall not exceed forty percent (40%) of any given exterior elevation with no window greater than six feet (6') in width without a masonry break of at least eighteen inches (18") in width.
5. 
The style of windows shall be consistent with the design and construction of the structure.
2. 
Building Articulation for Primary Structures:
a. 
For every sixty (60) feet of a building wall visible from a public street or a residentially zoned property, there shall be a change in the building footprint providing for a jog or offset measuring a minimum of five (5) feet.
3. 
Design Features:
a. 
Archways:
1. 
Archways may be used in conjunction with doorways or windows and shall have an architectural style consistent with the design depicted in Exhibit C [Appendix D] (architecture standards).
b. 
Exposed Columns (Structural or Decorative):
1. 
Exposed columns shall be constructed of or clad with a material that is of like and similar material to that of the primary structure.
c. 
Glass:
1. 
Glass curtain walls are prohibited.
d. 
Awnings/Canopies:
1. 
The use of decorative awnings/canopies is permitted provided that all awnings/canopies are designed to be compatible with the structure in which they are located.
2. 
Awnings/canopies shall be of a consistent pattern, size, shape and material and shall be consistent or complementary to construction of the building and approved with site plan approval.
3. 
A minimum clearance of eight (8) feet must be maintained above all sidewalks and a minimum clearance of fourteen (14) feet must be maintained above the street pavement.
4. 
Roofs:
a. 
Flat roofs are prohibited.
b. 
Roofs shall have minimum slopes of seven (7) feet of rise for every twelve (12) feet of run (7:12).
c. 
Installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of thirty (30) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval by the Building Official or his designee.
5. 
Outdoor Lighting:
a. 
Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria:
1. 
Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure and with the designs depicted in Appendix D.
2. 
A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate.
3. 
Outdoor lighting fixtures installed in the town having total electric consumption in excess of 150 watts or total light emission in excess of 1,200 lumens, except those illuminating a flag of a state or nation, shall be shielded in a manner that:
a. 
Confines the light so that it falls entirely on a wall or sign, or confines the light entirely below an angle fifteen (15) degrees below a horizontal plane at the level of the lowest point of the fixture at which light is emitted or reflected by a specular reflector; and
b. 
Prevents a line of sight from any point off the property on which the fixture is situated to a light source or a specular reflector within or incidental to the fixture.
4. 
No property within this district shall have outdoor lighting fixtures that do not conform to Subsection (C)(5)(c).
5. 
The illumination on any outdoor surface or object, including signs, at the point of maximum illumination shall not exceed:
a. 
Eighteen footcandles on a business property when the business is open; or
b. 
Three footcandles on a business property when a business is closed or absent.
a. 
Reduction of illumination, if necessary, shall be accomplished by the disconnection or re-lamping of fixtures or electrical dimming.
6. 
Installation or replacement of a mercury arc or mercury discharge lamp of any size or kind is prohibited.
7. 
Any outdoor lighting fixture existing on a property at the time when zoning was applied to the property and which does not conform to Subsection (C)(5)(c) of this section and which has been damaged to the extent that the cost of repair exceeds 60% of the cost of replacement shall be considered destroyed and shall be replaced only with a fixture that conforms to this regulation.
8. 
Any lighting fixture, except those of a public entity, existing on a property at the time when zoning is applied to the property and which does not conform to Subsection (C)(5)(c) of this section shall be removed or discontinued within 5 years from the time of application of initial zoning to the property.
9. 
There shall be no direct illumination upon any residential use or zoning district adjacent to a proposed RB District development.
10. 
Lights shall be fully shielded to minimize light trespass onto any residential zoning district. “Fully shielded” means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.
6. 
Open Storage:
Except as otherwise permitted as a conditional use, open or outside storage is prohibited. Exception: Retail Nurseries and/or Garden Centers.
7. 
Outside Display:
a. 
Outside display of merchandise and seasonal items, such as Christmas trees and pumpkins, and shall be limited to the following:
1. 
Outside display areas shall not be placed or located more than thirty (30) feet from the main building.
2. 
Outside display areas shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two displays per calendar year.
3. 
Outside display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4. 
Outside display areas shall not extend into public right-of-way or onto adjacent property.
5. 
Outside display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
8. 
Trash Storage Areas and Mechanical Equipment:
a. 
All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met:
1. 
Mechanical Equipment Screening:
a. 
Ground Mounted Mechanical Equipment:
1. 
Mechanical equipment and similar items shall be fully screened with a masonry screening wall constructed of like and similar materials to those of the primary structure.
b. 
Roof Mounted Equipment:
1. 
Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment.
2. 
The structural screen specified in Subsection 1. above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure.
3. 
Screening Elements Extending More than Five Feet (5') Above the Roof Elevation:
a. 
Portions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation.
2. 
Trash Receptacle Screening:
a. 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
b. 
Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of masonry materials of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
9. 
Loading and Service Areas:
a. 
Loading and service areas shall be located at the side or rear of the primary structure.
b. 
A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as specified on the Town of Bartonville Comprehensive Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure.
c. 
The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.
d. 
Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance.
10. 
Parking:
a. 
Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance.
b. 
All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks).
11. 
Compatibility with Residential Uses:
a. 
Compatibility Buffer:
1. 
A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses as specified on the Town of Bartonville Comprehensive Plan, as amended. Said landscape plan shall be subject to the following standards:
a. 
A brick or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Said wall shall be a minimum of six feet (6') in height, except that the first twenty-five feet (25') in from the street line may be stepped down to a minimum height of four feet (4'). The Planning and Zoning Commission may approve alternative wall construction materials on a site plan if the alternative accomplishes the same purpose as a brick or masonry wall.
b. 
The landscaped setback shall consist of a minimum twenty-five foot (25') landscape buffer. Under-story plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen.
c. 
Native shade trees, a minimum of three inches (3") in trunk diameter as measured four feet (4') above the ground and of a species included in Chapter 31 shall be provided at a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center.
D. 
Exception to Minimum Design Criteria:
1. 
Exceptions to the requirements for exterior construction materials as specified herein may be permitted on a case-by-case basis. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the Town Council for approval after recommendation by the Planning and Zoning Commission. If requested by the Town, a sample of the material(s) proposed may be required to be submitted with the site plan.
2. 
Town Council may approve alternative exterior materials if it is determined to be equivalent or better than those materials specified by this Chapter.
3. 
Consideration for exceptions to the exterior materials requirements may be authorized to achieve the following:
a. 
Architectural design and creativity - architectural variances may be considered to achieve a specific architectural theme or design that requires the use of alternative materials than those specified; or
b. 
Compatibility with surrounding developed properties.
(Ordinance 361-05 adopted 3/22/05; Ordinance 578-15, sec. 1, adopted 3/17/15)

§ 11.4 SPECIAL REQUIREMENTS.

A. 
Driveway Spacing
(distance between driveways, measured edge-to-edge):
1. 
U.S. Highway 407 - One driveway per three hundred (300) linear feet of frontage.
2. 
Arterial street - One driveway per two hundred and fifty (250) linear feet of frontage.
3. 
Collector street - One driveway per one hundred (100) linear feet of frontage.
4. 
Local street - One driveway per fifty (50) linear feet of frontage.
5. 
Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency.
B. 
Driveway Separation from Intersections
(distance measured from the centerline of the rights -of-way to the pavement edge of the driveway):
1. 
U.S. Highway 407 intersection with another street - Three hundred feet (300').
2. 
Arterial street intersection with another street - Two hundred and fifty feet (250').
3. 
Collector street intersection with another street - One hundred feet (100').
4. 
Residential street intersection with another street - Fifty feet (50').
C. 
Site Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the Town Council (in accordance with Chapter 3) shall be required for any tract/lot within the RB district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the Town Council.
D. 
Landscaping Requirements -
See Chapter 18.
E. 
Screening Requirements -
See town code Chapter 3, article 3.10.
F. 
Outside display of merchandise and seasonal items shall be limited to the following:
1. 
Shall not be placed/located more than thirty feet (30') from the main building.
2. 
Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
3. 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4. 
Shall not extend into public right-of-way or onto adjacent property.
5. 
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
6. 
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
G. 
Open storage is prohibited.
H. 
Building facade or elevation plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The Town may, as is deemed appropriate, require submission of additional information and materials such as actual samples of proposed exterior building materials during the Site Plan review process.
I. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
J. 
Maintenance Requirements for Common Areas -
A property owners’ association is required for continued maintenance of any common land and facilities provided within the development (see the Subdivision Ordinance for POA/HOA requirements).
K. 
Tents are not permitted on property unless there is maintained a permanent structure.
L. 
Other Regulations -
As established in the Special Requirements in Division IV.
(Ordinance 361-05 adopted 3/22/05; Ordinance 376-05, sec. 2, adopted 11/15/05; Ordinance 760-23 adopted 11/21/2023)

§ 11A.1 PURPOSE.

The Rural Services (RS) district is intended to provide for commercial development on F.M. 407. RS district standards provides for local shopping establishments which provide retail services for the convenience of residents of the Town. The RS district corresponds to and implements the Rural Services land use category as shown on Chart 4.1 of this Ordinance.
(Ordinance 639-18, sec. 2, adopted 9/18/18)

§ 11A.2 USES PERMITTED.

A. 
Those uses listed for the RS district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
B. 
Accessory buildings and structures incidental to the operation of the retail business or service activities specified in Section 11A.2.A above shall be permitted, provided that the building or structure does not exceed four hundred (400) square feet, is located behind the primary structure, and is constructed with the same or similar building facade and material as the primary structure and pursuant to Chapter 19.
C. 
Outside display incidental to the operation of the retail business or service activities specified in Appendix C shall be permitted. However, outside storage of goods, merchandise or equipment is prohibited unless approved in the Site Plan process or by Conditional Use Permit.
(Ordinance 639-18, sec. 2, adopted 9/18/18)

§ 11A.3 DEVELOPMENT AND PERFORMANCE STANDARDS.

A. 
Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 11A.1, and by the Minimum Design Criteria in Subsection C, below, the Special Regulations Criteria in Subsection B, below, and the Special Requirements in Division IV.
Chart 11A.1
Development Standards
RS ZONING DISTRICT
DEVELOPMENT STANDARDS
RS DISTRICT
Front Yard Setback
50 feet (or as specified in subsection B. below)
Side Yard Setback:
 
Standard
20 feet
Adjacent to Residential District or Use
See subsection B.1. below
Rear Yard Setback
 
Standard
50 feet
Adjacent to Residential District or Use
See subsection B.1. below
Maximum Height
25'1
Maximum Lot Coverage
50%
Maximum Floor Area Ratio
1.0:1.0
1No building shall be more than one (1) story in height.
B. 
Special Area Regulations:
1. 
Special Side and Rear Yard Setbacks -
These special side and rear yard setbacks shall apply where a proposed nonresidential use is adjacent to a residential use, residential zoning district or a planned residential use as specified on the Town of Bartonville Land Use Plan, as amended.
a. 
Nonresidential Structures equal to or less than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - Seventy-five (75) feet from a side or rear property line.
b. 
Nonresidential Structures more than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - One (1) foot for each five (5) feet in height but not less than seventy-five (75) feet.
2. 
Minimum Lot Size -
One (1) Acre
3. 
Maximum Impervious Surface -
Ninety percent (90%) of total lot area
4. 
Minimum Lot Width -
One hundred and fifty feet (150')
5. 
Minimum Lot Depth -
Two hundred and fifty feet (250')
C. 
Minimum Design Criteria:
1. 
Building Orientation:
a. 
Primary Entrances:
1. 
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2. 
Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances.
b. 
Loading Docks or Loading Areas:
1. 
Shall not be permitted to be visible from a street and shall not be accessed directly from a street.
2. 
Shall conform to the Special Requirements in Division IV.
2. 
Exterior Construction/Design:
a. 
Exterior Materials:
1. 
All permanent structures shall be constructed with a minimum of ninety percent (90%) masonry material.
2. 
Said masonry material shall be limited to clay fired brick, Austin stone, cast stone or other such comparable masonry material as approved by the Town.
3. 
Prefinished metal wall panels, concrete blocks, halite blocks and stucco are prohibited.
4. 
For every sixty (60) feet of a building wall visible from a public street or a residentially zoned property, there shall be a change in the exterior masonry material for the full building elevation from the finished grade to the top of the structure.
b. 
Colors:
1. 
The primary exterior color of buildings shall be comprised of earth tones and shall be used on at least eighty-five percent (85%) of the building facade, exclusive of doors and windows.
2. 
Secondary accent color(s) may be used on a maximum of fifteen percent (15%) of the exterior facade, exclusive of doors and windows.
3. 
Trim colors shall complement the colors used to meet Subsection b.1.
4. 
Colors shall be specifically approved on the building elevations submitted and approved with the mandatory General Site Plan or Administrative Site Plan.
c. 
Windows:
1. 
A maximum of forty percent (40%) of the building facade along the ground floor and adjacent to a public street shall consist of display areas, windows, or doorways.
2. 
The style of windows shall be consistent with the design and construction of the structure.
3. 
Design Features:
a. 
Archways:
1. 
Archways may be used in conjunction with doorways or windows and shall have an architectural style consistent with the design depicted in Appendix D (architectural standards).
b. 
Exposed Columns (Structural or Decorative):
1. 
Exposed columns shall be constructed of or clad with a material that is of like and similar material to that of the primary structure.
c. 
Glass:
1. 
Glass curtain walls are prohibited.
d. 
Awnings/Canopies:
1. 
The use of decorative awnings/canopies is permitted provided that all awnings/canopies are designed to be compatible with the structure in which they are located.
2. 
Awnings/canopies shall be of a consistent pattern, size, shape and material and shall be consistent or complementary to construction of the building and approved with site plan approval.
3. 
A minimum clearance of eight (8) feet must be maintained above all sidewalks and a minimum clearance of fourteen (14) feet must be maintained above the street pavement.
4. 
Roofs:
a. 
Flat roofs are prohibited unless approved in the Site Plan. If a flat roof is approved in the Site Plan, then the building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof. Facades shall provide variations in vertical elevation articulation to prevent a straight or uninterrupted building line to discourage a bulk or box-type look to a building.
5. 
Lighting:
a. 
Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria:
1. 
Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure and with the designs depicted in Appendix D.
2. 
A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate.
3. 
Installed light sources may not use the equivalent of more than 1,200 lumens per bulb and shall be installed in such a manner so as to be shielded from public view and mitigate glare and light spill.
4. 
There shall be no direct illumination of any residential use or zoning district adjacent to a proposed RS District development.
5. 
Lights shall be fully shielded to minimize light trespass onto any residential zoning district. “Fully shielded” means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light-emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.
6. 
Trash Storage Areas and Mechanical Equipment:
a. 
All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met:
1. 
Mechanical Equipment Screening:
a. 
Ground-Mounted Mechanical Equipment:
1. 
Mechanical equipment and similar items shall be fully screened with a masonry screening wall constructed of like and similar materials to those of the primary structure.
b. 
Roof-Mounted Equipment:
1. 
Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment.
2. 
The structural screen specified in Subsection 1. above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure.
3. 
Screening Elements Extending More than Five Feet (5') Above the Roof Elevation:
a. 
Portions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation.
2. 
Trash Receptacle Screening:
a. 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
b. 
Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of masonry materials of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
7. 
Loading and Service Areas:
a. 
Loading and service areas shall be located at the side or rear of the primary structure.
b. 
A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as specified on the Town of Bartonville Comprehensive Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure.
c. 
The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.
d. 
Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance.
8. 
Parking:
a. 
Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance.
b. 
All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks).
9. 
Compatibility with Residential Uses:
a. 
Compatibility Buffer:
1. 
A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses as specified on the Town of Bartonville Comprehensive Plan, as amended. Said landscape plan shall be subject to the following standards:
a. 
A brick or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Said wall shall be a minimum of six feet (6') in height, except that the first twenty-five feet (25') in from the street line may be stepped down to a minimum height of four feet (4').
b. 
The landscaped setback shall consist of a minimum twenty-five-foot (25') landscape buffer. Understory plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen.
c. 
Native shade trees, a minimum of three inches (3") in trunk diameter as measured four feet (4') above the ground and of a species included in Chapter 31 shall be provided at a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center.
2. 
The Town Council shall have the authority to approve alternate equivalent screening materials or methods including, but not limited to, living screens as outline in Section 18.6.I.1.c of this Ordinance.
(Ordinance 639-18, sec. 2, adopted 9/18/18)

§ 12.1 PURPOSE.

The Village Center (VC) district is intended to accommodate the existing village center development located on the western side of F.M. 407. VC district standards provide for development requirements that are consistent with the existing development and provides for local shopping establishments which provide retail business service and office facilities for the convenience of residents of the Town. No additional VC districts shall be mapped. The VC district corresponds to and implements the Village Center land use category as shown on Chart 4.1. of this Ordinance.
(Ordinance 361-05 adopted 3/22/05)

§ 12.2 USES PERMITTED.

A. 
Those uses listed for the VC district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
B. 
Accessory buildings and structures incidental to the operation of the retail business or service activities specified in Section 12.2 A. above shall be permitted, provided that the building or structure does not exceed four hundred (400) square feet, is located behind the primary structure, and is constructed with the same or similar building facade and material as the primary structure and pursuant to Chapter 19.
C. 
Outside display incidental to the operation of the retail business or service activities specified in Appendix C shall be permitted. However, outside storage of goods, merchandise or equipment is prohibited. Except as otherwise permitted as a conditional use, no outside display may be located outside a rectangular area extending no more than fifteen feet (15') from the front face of the primary structure on the lot or tract and limited in to the width of the primary structure. The display must be stored or removed daily at the close of business hours.
(Ordinance 361-05 adopted 3/22/05)

§ 12.3 DEVELOPMENT AND PERFORMANCE STANDARDS.

A. 
Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 12.1, and by the Minimum Design Criteria in Subsection B. below, the Special Regulations Criteria in Section 12.4, and the Special Requirements in Division IV.
Chart 12.1
Development Standards
VC ZONING DISTRICT
DEVELOPMENT STANDARDS
VC DISTRICT
Front Yard Setback
50 feet (or as specified in B. below)
Side Yard Setback:
 
Standard
20 feet
Adjacent to Residential District or Use
See B.1. below 
Rear Yard Setback
 
Standard
50 feet
Adjacent to Residential District or Use
See B.1. below
Maximum Height
35'1
Maximum Lot Coverage
50%
Maximum Floor Area Ratio
1.0:1.0
1No building shall be more than two and one-half (2-1/2) stories in height.
B. 
Special Area Regulations:
1. 
Special Side and Rear Yard Setbacks -
These special side and rear yard setbacks shall apply where a proposed nonresidential use is adjacent to a residential use, residential zoning district or a planned residential use as specified on the Town of Bartonville Land Use Plan, as amended.
a. 
Nonresidential Structures equal to or less than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - Seventy-five (75) feet from a side or rear property line
b. 
Nonresidential Structures more than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - One (1) foot for each five (5) feet in height but not less than seventy-five (75) feet
2. 
Minimum Lot Size -
One (1) Acre
3. 
Maximum Impervious Surface -
Ninety percent (90%) of total lot area
4. 
Minimum Lot Width -
One hundred fifty feet (150')
5. 
Minimum Lot Depth -
Two hundred twenty-five feet (225')
C. 
Minimum Design Criteria:
1. 
Building Orientation:
a. 
Primary Entrances:
1. 
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2. 
Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances.
b. 
Loading Docks or Loading Areas:
1. 
Shall not be permitted to be visible from a street and shall not be accessed directly from a street.
2. 
Shall conform to the Special Requirements in Division IV.
2. 
Exterior Construction/Design:
a. 
Exterior Materials:
1. 
All permanent structures shall be constructed with a minimum of ninety percent (90%) masonry material.
2. 
Said masonry material shall be limited to clay fired brick, Austin stone, cast stone or other such comparable masonry material as approved by the Town.
3. 
Prefinished metal wall panels, concrete blocks, halite blocks and stucco are prohibited.
4. 
For every sixty (60) feet of a building wall visible from a public street or a residentially zoned property, there shall be a change in the exterior masonry material for the full building elevation from the finished grade to the top of the structure.
b. 
Colors:
1. 
The primary exterior color of buildings shall be comprised of earth tones and shall be used on at least eighty-five percent (85%) of the building facade, exclusive of doors and windows.
2. 
Secondary accent color(s) may be used on a maximum of fifteen percent (15%) of the exterior facade, exclusive of doors and windows.
3. 
Trim colors shall complement the colors used to meet Subsection 2.a [b.1].
4. 
Colors shall be specifically approved on the building elevations submitted and approved with the mandatory General Site Plan or Administrative Site Plan.
c. 
Windows:
1. 
A maximum of forty percent (40%) of the building facade along the ground floor and adjacent to a public street shall consist of display areas, windows, or doorways.
2. 
The style of windows shall be consistent with the design and construction of the structure.
3. 
Design Features:
a. 
Archways:
1. 
Archways may be used in conjunction with doorways or windows and shall have an architectural style consistent with the design depicted in Exhibit “D” [Appendix D].
b. 
Exposed Columns (Structural or Decorative):
1. 
Exposed columns shall be constructed of or clad with a material that is of like and similar material to that of the primary structure.
c. 
Glass:
1. 
Glass curtain walls are prohibited.
d. 
[Reserved]
e. 
Awnings/Canopies:
1. 
The use of decorative awnings/canopies is permitted provided that all awnings/canopies are designed to be compatible with the structure in which they are located.
2. 
Awnings/canopies shall be of a consistent pattern, size, shape and material and shall be consistent or complementary to construction of the building and approved with site plan approval.
3. 
A minimum clearance of eight (8) feet must be maintained above all sidewalks and a minimum clearance of fourteen (14) feet must be maintained above the street pavement.
4. 
Roofs:
a. 
Flat roofs are prohibited unless: (1) the structure is a multi-story building, and (2) is approved in the Site Plan. If a flat roof is approved in the Site Plan, then the building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof.
b. 
Unless a flat roof is approved in the Site Plan, roofs shall have minimum slopes of seven (7) feet of rise for every twelve (12) feet of run (7:12).
c. 
Unless a flat roof is approved in the Site Plan, installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of thirty (30) years. Roofing systems or materials exceeding the standards established in this subsection (c) may be used pursuant to approval by the Building Official or his designee.
5. 
Lighting:
a. 
Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria:
1. 
Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure and with the designs depicted in Appendix D.
2. 
A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate.
3. 
Installed light sources may not use the equivalent of more than 1,200 lumens per bulb and shall be installed in such a manner so as to be shielded from public view and mitigate glare and light spill.
4. 
There shall be no direct illumination of any residential use or zoning district adjacent to a proposed VC District development.
5. 
Lights shall be fully shielded to minimize light trespass onto any residential zoning district. “Fully shielded” means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light-emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.
6. 
Open Storage:
a. 
Open or outside storage is prohibited.
7. 
Outside Display:
a. 
Outside display of merchandise and seasonal items, such as Christmas trees and pumpkins, may be allowed by a Conditional Use Permit and shall be limited to the following:
1. 
Outside display areas shall not be placed or located more than thirty (30) feet from the main building.
2. 
Outside display areas shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two displays per calendar year.
3. 
Outside display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4. 
Outside display areas shall not extend into public right-of-way or onto adjacent property.
5. 
Outside display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
8. 
Trash Storage Areas and Mechanical Equipment:
a. 
All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met:
1. 
Mechanical Equipment Screening:
a. 
Ground-Mounted Mechanical Equipment:
1. 
Mechanical equipment and similar items shall be fully screened with a masonry screening wall constructed of like and similar materials to those of the primary structure.
b. 
Roof-Mounted Equipment:
1. 
Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment.
2. 
The structural screen specified in Subsection 1. above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure.
3. 
Screening Elements Extending More than Five Feet (5') Above the Roof Elevation:
a. 
Portions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation.
2. 
Trash Receptacle Screening:
a. 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
b. 
Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of masonry materials of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
9. 
Loading and Service Areas:
a. 
Loading and service areas shall be located at the side or rear of the primary structure.
b. 
A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as specified on the Town of Bartonville Comprehensive Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure.
c. 
The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.
d. 
Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance.
10. 
Parking:
a. 
Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance.
b. 
All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks).
11. 
Compatibility with Residential Uses:
a. 
Compatibility Buffer:
1. 
A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses as specified on the Town of Bartonville Comprehensive Plan, as amended. Said landscape plan shall be subject to the following standards:
a. 
A brick or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Said wall shall be a minimum of six feet (6') in height, except that the first twenty-five feet (25') in from the street line may be stepped down to a minimum height of four feet (4').
b. 
The landscaped setback shall consist of a minimum twenty-five foot (25') landscape buffer. Understory plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen.
c. 
Native shade trees, a minimum of three inches (3") in trunk diameter as measured four feet (4') above the ground and of a species included in Chapter 31 shall be provided at a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center.
12. 
Drive-Throughs:
a. 
Drive-through shall be located on the side or rear of the building.
b. 
Menu boards and speakers shall not face a public street.
c. 
Canopies shall be provided and shall match the building architecture.
d. 
Drive through shall not be located to or facing a tract of land zoned or used as a residence.
(Ordinance 361-05 adopted 3/22/05; Ordinance 417-07, sec. 2, adopted 4/17/07; Ordinance 633-18, sec. 2, adopted 2/20/18; Ordinance 635-18 adopted 6/19/18; Ordinance 660-19, sec. 3, adopted 6/18/19)

§ 12.4 SPECIAL REQUIREMENTS.

A. 
Driveway Spacing
(distance between driveways, measured edge-to-edge):
1. 
U.S. Highway 407 - One driveway per three hundred (300) linear feet of frontage.
2. 
Arterial street - One driveway per two hundred and fifty (250) linear feet of frontage.
3. 
Collector street - One driveway per one hundred (100) linear feet of frontage.
4. 
Local street - One driveway per fifty (50) linear feet of frontage.
5. 
Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency.
B. 
Driveway Separation from Intersections
(distance measured from the centerline of the rights -of-way to the pavement edge of the driveway):
1. 
U.S. Highway 407 intersection with another street - Three hundred feet (300').
2. 
Arterial street intersection with another street - Two hundred and fifty feet (250').
3. 
Collector street intersection with another street - One hundred feet (100').
4. 
Residential street intersection with another street - Fifty feet (50').
C. 
Site Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the Town Council (in accordance with Chapter 3) shall be required for any tract/lot within the RB district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the Town Council.
D. 
Landscaping Requirements -
See Chapter 18.
E. 
Screening Requirements -
See town code Chapter 3, article 3.10.
F. 
Outside display of merchandise and seasonal items shall be limited to the following:
1. 
Shall not be placed/located more than thirty feet (30') from the main building.
2. 
Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
3. 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4. 
Shall not extend into public right-of-way or onto adjacent property.
5. 
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
6. 
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
G. 
Open or outside storage is prohibited.
H. 
Building facade or elevation plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The Town may, as is deemed appropriate, require submission of additional information and materials such as actual samples of proposed exterior building materials during the Site Plan review process.
I. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
J. 
Maintenance Requirements for Common Areas -
A property owners’ association is required for continued maintenance of any common land and facilities provided within the development (see the Development Ordinance for POA/HOA requirements).
K. 
Tents are not permitted on property unless there is maintained a permanent structure.
L. 
Other Regulations -
As established in the Special Requirements in Division IV.
(Ordinance 361-05 adopted 3/22/05; Ordinance 376-05, sec. 2, adopted 11/15/05; Ordinance 760-23 adopted 11/21/2023)

§ 13.1 PURPOSE.

The General Commercial (GC) district is intended as a Planned Development district only - no stand-alone GC districts shall be allowed. The standards specified in this section are intended as base standards only and are intended to serve as the basis by which a PD will be crafted for this district in accordance with Chapter 15 of this Ordinance. The GC district provides for larger scale office, retail and service uses intended to serve a regional consumer base. A GC district is only appropriate in the Extraterritorial Jurisdiction adjacent to the northeast corner of F.M. 407, McMakin and Jeter Roads, at such time that it is annexed into the Town limits. It shall not be mapped at any other locations within the Town.
(Ordinance 361-05 adopted 3/22/05)

§ 13.2 USES PERMITTED.

A. 
Those uses listed for the GC district as shown in Appendix C or as established in the applicable PD.
B. 
Accessory buildings and structures incidental to the operation of the retail business or service activities specified in Section 13.2 A. above shall be permitted, provided that the building or structure does not exceed four hundred (400) square feet, is located behind the primary structure, and is constructed with the same or similar building facade and material as the primary structure and pursuant to Chapter 19.
C. 
Outside display incidental to the operation of the retail business or service activities specified in Section [13.2 A.] above shall be permitted. However, outside storage of goods, merchandise or equipment is prohibited. Except as otherwise permitted as a conditional use, no outside display may be located outside a rectangular area extending no more than fifteen feet (15') from the front face of the primary structure on the lot or tract and limited in to the width of the primary structure. The display must be stored or removed daily at the close of business hours.
(Ordinance 361-05 adopted 3/22/05)

§ 13.3 DEVELOPMENT AND PERFORMANCE STANDARDS.

A. 
Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 13.1, and by the Minimum Design Criteria in Subsection B. below, the Special Regulations Criteria in Section 13.4, and the Special Requirements in Division IV.
Chart 13.1
Development Standards
GC ZONING DISTRICT
DEVELOPMENT STANDARDS
GC DISTRICT
Front Yard Setback
50 feet (or as specified in B. below)
Side Yard Setback
See B.1 Below
Rear Yard Setback
See B.1 Below
Maximum Height
35'1
Maximum Lot Coverage
60%
Maximum Floor Area Ratio
0.4:1.0
1.No building shall be more than two and one-half (2-1/2) stories in height.
B. 
Special Area Regulations:
1. 
Side and Rear Yard Setbacks:
a. 
Minimum Side and Rear Yard -
Twenty-five feet (25') unless adjacent to a residentially zoned property (see Subsection c. below)
b. 
Interior Side Yards -
When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site where lots or lease spaces abut one another no side yard is required provided it complies with the Town’s Building Code.
c. 
Minimum Side or Rear Yard Adjacent to a Residential District -
One hundred feet (100')
2. 
Minimum Lot Size -
One (1) Acre
3. 
Maximum Impervious Surface -
Eighty percent (80%) of total lot
4. 
Minimum Lot Width:
a. 
Lots Fronting Onto F.M. 407 or Arterial, as Designated on the Thoroughfare Plan, as Amended - Two hundred feet (200') at the front property line with shared access; three hundred feet (300') at the front property line without shared access
b. 
Lots Other Than Those Specified in a. Above - One hundred feet (100') at the front building line with shared access; Two hundred and fifty feet (250') at the front building line without shared access
5. 
Minimum Lot Depth:
a. 
Lots Fronting Onto F.M. 407 or Arterial, as Designated on the Thoroughfare Plan, As Amended - Three hundred feet (300')
b. 
Lots Other Than Those Specified in a. Above - None
6. 
Minimum Lot Frontage for Cul-de-Sac Lots:
a. 
Lots with frontage onto a cul-de-sac end shall provide for a minimum lot frontage of one hundred feet (100') at the front property line.
C. 
Minimum Design Criteria:
1. 
Orientation and Scale of Primary Structure(s):
a. 
Buildings located within fifty feet (50') of a street right-of-way shall have their primary orientation toward a front yard.
b. 
Primary Entrances:
1. 
Primary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.
2. 
Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances.
2. 
Loading Docks or Loading Areas:
a. 
Shall not be permitted to be visible from a street and shall not be accessed directly from a street.
b. 
Shall conform to the Special Requirements in Division IV.
3. 
Building Materials for Primary Structures:
a. 
One hundred percent (100%) of any exposed exterior wall of main buildings, parking structures, and accessory buildings excluding doors and windows shall consist of glass, native stone, clay fired brick or tile, or a combination of these materials. Other finishes and materials may be used at the sole discretion of the Town Council if adopted as a condition or standard of the planned development and if permitted by the Town of Bartonville building and fire codes.
b. 
The Town Council may allow, at its sole discretion, the use of concrete or concrete block on exterior walls that are not visible from a public right-of-way. These finishes must be consistent in color with the remainder of the building. These would include the walls of service courts and other facilities that are secluded from view by the specific design of a building or group of buildings.
c. 
Glass:
1. 
All exterior building materials comprised of glass shall have a maximum exterior visible reflectance of twenty (20) percent.
2. 
Glass shall not comprise more than fifty percent (50%) of the building skin.
4. 
Building Articulation for Primary Structures:
a. 
Exterior walls visible from a public street or a residentially zoned property shall have offsets, jogs or other distinctive changes in the building facade.
b. 
For every eighty (80) feet of building wall visible from a public street or a residentially zoned property, there shall be a change in the building footprint providing for a jog or offset measuring a minimum of five feet (5').
5. 
Large-Scale Projects:
a. 
These design standards shall apply to developments having 40,000 square feet and more in gross floor area of building space, inclusive of all primary, secondary, and accessory structures.
b. 
Large-Scale Design Criteria:
1. 
Developments shall design large building masses to relate to human scale by incorporating changes in building mass or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees and small-scale lighting.
2. 
All on-site circulation systems shall incorporate a streetscape, which includes curbs, sidewalks, pedestrian-scale light standards, and street trees.
c. 
Public Spaces:
1. 
One (1) square foot of plaza or public space shall be required for every ten (10) square feet of gross floor area.
2. 
Plazas or public spaces shall incorporate at least three (3) of the five (5) following elements:
a. 
Sitting Space - at least one (1) sitting space for each two hundred and fifty (250) square feet of area included in the plaza. Seating shall be a minimum of sixteen (16) inches in height and thirty (30) inches in width. Ledge benches shall have a minimum depth of thirty (30) inches.
b. 
A mixture of areas that provide both sunlight and shade.
c. 
Trees in proportion to the space at a minimum of one (1) tree per eight hundred (800) square feet that measure a minimum of three inches (3") in diameter.
d. 
Water features or public art.
3. 
Mandatory Open Space:
a. 
A minimum of forty (40) percent of the total lot area of a project shall be devoted to open space.
b. 
Minimum open space requirements may be calculated on the basis of the overall development including required bufferyard(s), provided that the minimum open space on any individual lot within the development is not less than fifteen (15) percent.
4. 
On-Site Circulation:
a. 
Protected, raised walkways shall be installed through parking areas of fifty (50) or more spaces or more than one hundred (100) feet in average width or depth.
b. 
Parking lots with fifty (50) spaces or more shall be divided into separate areas divided by landscaped areas or walkways measuring a minimum of ten (10) feet in width or by a building or group of buildings.
c. 
Developments of one (1) acre or more must provide a pedestrian circulation plan for the site. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building.
d. 
Connections shall be made when feasible to any streets adjacent to the property and to any pedestrian facilities that connect to the property unless pedestrian and/or traffic hazards prohibit such connections.
e. 
Pedestrian areas shall be connected via a sidewalk to adjacent residential areas.
6. 
Roofs:
a. 
Flat Roofs:
1. 
Building walls shall extend to parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof.
b. 
Sloped Roofs:
1. 
Roofs shall have minimum slopes of seven (7) feet of rise for every twelve (12) feet of run (7:12).
2. 
Installed roofing shingles must consist of dimensional shingles with a minimum manufacturer’s rating of thirty (30) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval by the Building Official or his designee.
7. 
Lighting:
a. 
Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria:
1. 
Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure.
2. 
A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate.
3. 
Installed light sources may not use the equivalent of more than 1,200 lumens per bulb and shall be installed in such a manner so as to be shielded from public view and mitigate glare and light spill.
4. 
There shall be no direct illumination of any residential use or zoning district adjacent to a proposed GC District development.
5. 
Lights shall be fully shielded to minimize light trespass onto any residential zoning district. “Fully shielded” means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light-emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.
8. 
Open Storage:
a. 
Open or outside storage is prohibited.
9. 
Outside Display:
a. 
Outside display of merchandise and seasonal items, such as Christmas trees and pumpkins, shall be limited to the following:
1. 
Outside display areas shall not be placed or located more than fifteen feet (15') from the main building.
2. 
Outside display areas shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of thirty (30) days per display and a maximum of two displays per calendar year.
3. 
Outside display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4. 
Outside display areas shall not extend into public right-of-way or onto adjacent property.
5. 
Outside display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
10. 
Trash Storage Areas and Mechanical Equipment:
a. 
All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met:
1. 
Mechanical Equipment Screening:
a. 
Ground-Mounted Mechanical Equipment:
1. 
Mechanical equipment and similar items shall be fully screened with a masonry screening wall constructed of like and similar materials to those of the primary structure.
b. 
Roof-Mounted Equipment:
1. 
Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on for sides to a height equal to or greater than that of the mechanical equipment.
2. 
The structural screen specified in Subsection 1. above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure.
3. 
Screening Elements Extending More than Five Feet (5') Above the Roof Elevation:
a. 
Portions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation.
2. 
Trash Receptacle Screening:
a. 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
b. 
Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of masonry materials of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
11. 
Loading and Service Areas:
a. 
Loading and service areas shall be located at the side or rear of the primary structure.
b. 
A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as specified on the Town of Bartonville Comprehensive Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure.
c. 
The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.
d. 
Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance.
12. 
Parking:
a. 
Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance.
b. 
All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks).
13. 
Pump islands and canopies of uses selling gasoline shall be set back a minimum of 25 feet.
14. 
Compatibility with Residential Uses:
a. 
Compatibility Buffer:
1. 
A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses or any public street as specified on the Town of Bartonville Comprehensive Plan, as amended. Said landscape plan shall be subject to the following standards:
a. 
A brick or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Said wall shall be a minimum of six feet (6') in height, except that the first twenty-five feet (25') in from the street line may be stepped down to a minimum height of four feet (4').
b. 
The landscaped setback shall consist of a minimum twenty-five foot (25') landscape buffer. Understory plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen.
c. 
Native shade trees, a minimum of three inches (3") in trunk diameter and of a species included in Chapter 31 shall be provided at a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center.
15. 
Drive-Throughs and Restaurants (with Drive-Throughs):
a. 
Drive-through shall be located on the side or rear of the building.
b. 
Menu boards and speakers shall not face a public street.
c. 
Canopies shall be provided and shall match the building architecture.
d. 
Drive-through shall not be located adjacent to or facing a tract of land zoned or used as a residence.
(Ordinance 361-05 adopted 3/22/05; Ordinance 417-07, sec. 3, adopted 4/17/07; Ordinance 700-21, sec. 2, adopted 3/16/21; Ordinance 718-21 adopted 10/19/21)

§ 13.4 SPECIAL REQUIREMENTS.

A. 
Driveway Spacing
(distance between driveways, measured edge-to-edge):
1. 
U.S. Highway 407 - One driveway per three hundred (300) linear feet of frontage.
2. 
Arterial street - One driveway per two hundred and fifty (250) linear feet of frontage.
3. 
Collector street - One driveway per one hundred (100) linear feet of frontage.
4. 
Local street - One driveway per fifty (50) linear feet of frontage.
5. 
Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency.
B. 
Driveway Separation from Intersections
(distance measured from the centerline of the rights-of-way to the pavement edge of the driveway):
1. 
U.S. Highway 407 intersection with another street - Three hundred feet (300').
2. 
Arterial street intersection with another street - Two hundred and fifty feet (250').
3. 
Collector street intersection with another street - One hundred feet (100').
4. 
Residential street intersection with another street - Fifty feet (50').
C. 
Site Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the Town Council (in accordance with Chapter 3) shall be required for any tract/lot within the RB district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the Town Council.
D. 
Landscaping Requirements -
See Chapter 18.
E. 
Screening Requirements -
See town code Chapter 3, article 3.10.
F. 
Outside display of merchandise and seasonal items shall be limited to the following:
1. 
Shall not be placed/located more than thirty feet (30') from the main building.
2. 
Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
3. 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
4. 
Shall not extend into public right-of-way or onto adjacent property.
5. 
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
6. 
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
G. 
Building facade or elevation plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The Town may, as is deemed appropriate, require submission of additional information and materials such as actual samples of proposed exterior building materials during the Site Plan review process.
H. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
I. 
Maintenance Requirements for Common Areas -
A property owners’ association is required for continued maintenance of any common land and facilities provided within the development (see the Subdivision Ordinance for POA/HOA requirements).
J. 
Tents are not permitted on property unless there is maintained a permanent structure.
K. 
Other Regulations -
As established in the Special Requirements in Division IV.
(Ordinance 361-05 adopted 3/22/05; Ordinance 376-05, sec. 2, adopted 11/15/05; Ordinance 760-23 adopted 11/21/2023)

§ 14A.1 PURPOSE.

The Public/Semi-Public (P/SP) District is established to provide services pertaining to the health, safety, welfare and quality of life throughout the community. These facilities are mostly provided by public, not for profit, governmental or quasi-governmental entities that require physical facilities to provide their respective services.
(Ordinance 564-14, sec. 6, adopted 7/15/14)

§ 14A.2 USES PERMITTED.

A. 
Those uses listed for the P/SP district in Appendix C as “P” are permitted uses by right or as “C” are conditionally permitted uses through a Conditional Use Permit (CUP). CUPs (conditional uses) must be approved utilizing procedures set forth in Chapter 16.
B. 
Accessory buildings and structures incidental to the operation of the facility or service activities specified in Appendix C above shall be permitted, provided that the building or structure does not exceed four hundred (400') square feet, is located behind the primary structure, and is constructed with the same or similar building facade and material as the primary structure and pursuant to Section 19.4.
(Ordinance 564-14, sec. 6, adopted 7/15/14)

§ 14A.3 DEVELOPMENT AND PERFORMANCE STANDARDS.

A. 
Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 14.1, unless further modified by the Minimum Design Criteria in Subsection B. below, [or] the Special Requirements in Division IV.
Chart 14.1
Development Standards
P/SP ZONING DISTRICT
DEVELOPMENT STANDARDS
P/SP DISTRICT
Front Yard Setback
50 feet
Side Yard Setback:
 
Standard
50 feet
Adjacent to Residential District or Use
75 feet
Rear Yard Setback
 
Standard
50 feet
Adjacent to Residential District or Use
75 feet
Maximum Height
25'
Maximum Lot Coverage
60%
Maximum Floor Area Ratio
0.4:1.0
B. 
Special Area Regulations:
1. 
Minimum Lot Size -
One (1) Acre
2. 
Maximum Impervious Surface -
Eighty percent (60%) [sic] of total lot
3. 
Minimum Lot Width -
One hundred and fifty feet (150')
4. 
Minimum Lot Depth -
Two hundred and fifty feet (250')
C. 
Minimum Design Criteria:
1. 
Building Orientation:
a. 
The primary structure shall have its primary orientation toward a front yard. Said primary orientation shall include a main or primary entrance.
b. 
Loading Docks or Loading Areas:
1. 
Shall not be permitted to be visible from a street and shall not be accessed directly from a street.
2. 
Shall conform to the Special Requirements in Division IV.
c. 
Exterior Construction/Design:
1. 
Exterior Materials:
a. 
The front facade of the primary structure shall contain a minimum of ninety percent (90%) masonry material.
b. 
Said masonry material shall be limited to clay fired brick, Austin stone, cast stone or other such comparable masonry material as approved by the Town.
2. 
Colors:
a. 
The primary exterior color of buildings shall be comprised of earth tones and shall be used on at least eighty-five percent (85%) of the building facade, exclusive of doors and windows.
b. 
Secondary accent color(s) may be used on a maximum of fifteen percent (15%) of the exterior facade, exclusive of doors and windows.
c. 
Trim colors shall complement the colors used to meet Subsection 2.a.
d. 
Colors shall be specifically approved on the building elevations submitted and approved with the mandatory General Site Plan or Administrative Site Plan.
d. 
Roofs:
1. 
Flat roofs are prohibited.
2. 
Roofs shall have minimum slopes of seven (7) feet of rise for every twelve (12) feet of run (7:12).
3. 
Installed roofing shingles must consist of dimensional shingles with a minimum manufactures rating of thirty (30) years. Roofing systems or materials exceeding the standards established herein may be used pursuant to approval by the Building Official or his designee.
2. 
Lighting:
a. 
Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria:
1. 
Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure and with the designs depicted in Appendix D.
2. 
A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate.
3. 
Installed light sources may not use the equivalent of more than 1,200 lumens per bulb and shall be installed in such a manner so as to be shielded from public view and mitigate glare and light spill.
4. 
There shall be no direct illumination of any residential use or zoning district adjacent to a proposed P/SP District development.
5. 
Lights shall be fully shielded to minimize light trespass onto any residential zoning district. “Fully shielded” means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light-emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture.
3. 
Open Storage:
Except as otherwise permitted as a conditional use, open or outside storage is prohibited.
4. 
Trash Storage Areas and Mechanical Equipment:
a. 
All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met:
1. 
Mechanical Equipment Screening:
a. 
Ground-Mounted Mechanical Equipment and similar items shall be fully screened from view.
2. 
Roof-Mounted Equipment:
a. 
Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment.
b. 
The structural screen specified in Subsection 1. [a.] above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure.
c. 
Screening Elements Extending More than Five Feet (5') Above the Roof Elevation: Portions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation.
b. 
Trash Receptacle Screening:
1. 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
2. 
Trash receptacles shall be fully screened by an eight-foot (8') screen constructed of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
5. 
Loading and Service Areas:
a. 
Loading and service areas shall be located at the side or rear of the primary structure.
b. 
A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as specified on the Town of Bartonville Comprehensive Plan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of materials that are of like and similar materials to those of the primary structure.
c. 
The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required.
d. 
Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance.
6. 
Parking:
a. 
Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance.
b. 
All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks).
7. 
Compatibility with Residential Uses:
a. 
Compatibility Buffer:
1. 
A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses as specified on the Town of Bartonville Comprehensive Plan, as amended. Said landscape plan shall be subject to the following standards:
a. 
The landscaped setback shall consist of a minimum twenty-five foot (25') landscape buffer. Understory plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen.
b. 
Native shade trees, a minimum of three inches (3") in trunk diameter as measured four feet (4') above the ground and of a species included in Chapter 31 shall be provided at a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center.
c. 
A brick or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Said wall shall be a minimum of six feet (6') in height, except that the first twenty-five feet (25') in from the street line may be stepped down to a minimum of four feet (4'). The Planning and Zoning Commission may approve alternative wall construction materials or wall placement on a site plan if the alternative accomplishes the same purpose.
D. 
Exception to Minimum Design Criteria:
1. 
Exceptions to the requirements for exterior construction materials as specified herein may be permitted on a case-by-case basis. All requests for alternative exterior building materials shall be noted and described on a site plan with elevation drawings to be submitted to the Town Council for approval after recommendation by the Planning and Zoning Commission. If requested by the Town, a sample of the material(s) proposed may be required to be submitted with the site plan.
2. 
Town Council may approve alternative exterior materials if it is determined to be equivalent or better than those materials specified by this Chapter.
3. 
Consideration for exceptions to the exterior materials requirements may be authorized to achieve the following:
a. 
Architectural design and creativity - architectural variances may be considered to achieve a specific architectural theme or design that requires the use of alternative materials than those specified; or
b. 
Compatibility with surrounding developed properties.
(Ordinance 564-14, sec. 6, adopted 7/15/14)

§ 14A.4 SPECIAL REQUIREMENTS.

A. 
Driveway Spacing
(distance between driveways, measured edge-to-edge):
1. 
Arterial street - One driveway per two hundred and fifty (250) linear feet of frontage.
2. 
Collector street - One driveway per one hundred (100) linear feet of frontage.
3. 
Local street - One driveway per fifty (50) linear feet of frontage.
4. 
Minimum distance from driveway to street corner - Fifty feet (50'), as measured from the street corner radius point of tangency.
B. 
Driveway Separation from Intersections
(distance measured from the centerline of the rights -of-way to the pavement edge of the driveway):
1. 
Arterial street intersection with another street - Two hundred and fifty feet (250').
2. 
Collector street intersection with another street - One hundred feet (100').
3. 
Residential street intersection with another street - Fifty feet (50')
C. 
Site Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the Town Council (in accordance with Chapter 3) shall be required for any tract/lot within the P/SP district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the Town Council.
D. 
Building facade or elevation plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The Town may, as is deemed appropriate, require submission of additional information and materials such as actual samples of proposed exterior building materials during the Site Plan review process.
E. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
F. 
Maintenance Requirements for Common Areas -
A property owners’ association is required for continued maintenance of any common land and facilities provided within the development (see the Subdivision Ordinance for POA/HOA requirements).
G. 
Other Regulations -
As established in the Special Requirements in Division IV.
H. 
Landscaping Requirements -
See Chapter 18
I. 
Screening Requirements -
See town code Chapter 3, article 3.10.
J. 
Open storage is prohibited[.]
(Ordinance 564-14, sec. 6, adopted 7/15/14; Ordinance 760-23 adopted 11/21/2023)