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

A summary of the area regulations of the following zoning districts is included in the appendix.

Certain terms and definitions used this chapter can be found in division 5.8.

All development standards as contained in article 5 of this chapter are intended to apply to all zoning districts unless specifically stated otherwise.

"RR", rural residential district is designed to preserve open spaces in the city by permitting the use of land for propagation and cultivation of crops and similar low intensity/density uses. Large lot single-family use may be appropriate for this district. It is anticipated that all annexed areas will be initially zoned "RR" and later may be changed to other suitable zoning classifications in accordance to the comprehensive plan.

(a)

Those uses listed for the RR - rural residential district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 10, 9-25-18)

The "SF-E", estate district is designed to create areas of low density, contemporary detached single-family housing to be located on large lots - not less than one (1) acre, with large setbacks, which are protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living. This purpose should be achieved through curvilinear, well-landscaped and unified streetscaped streets. The intent of this district is to provide high quality larger single-family housing while maintaining the natural environment and open space in the city.

(a)

Those uses listed for the SF-E—Single-family residential—Estate district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 10, 9-25-18)

The "SF-22", single-family residential district is intended to provide for development of contemporary detached single-family housing of highest quality with large dwelling unit sizes and lot areas of not less than twenty-two thousand (22,000) square feet and generous widths. Its purpose is to provide a peaceful, low density setting for quality housing in the city, which is protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living.

(a)

Those uses listed for the SF-22—Single-family residential—22,000 district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 10, 9-25-18)

The "SF-15", single-family residential district is intended to provide for development of contemporary detached single-family housing with lot areas of not less than fifteen thousand (15,000) square feet, average sized lot widths and dwelling units. Its purpose is to provide lower density housing protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living.

(a)

Those uses listed for the SF-15—Single-family residential—15,000 district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 10, 9-25-18)

The "SF-10", single-family residential district is intended to provide for development of contemporary detached single-family housing with lot areas not less than ten thousand (10,000) square feet, average sized lot widths and dwelling units. Its purpose is to provide lower density housing protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living.

(a)

Those uses listed for the SF-10—Single-family residential—10,000 district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 11, 9-25-18)

The "SF-8.5", single-family residential district is intended to provide for development of medium density, urban detached single-family housing with moderate sized dwelling units, on lot areas not less than eight thousand five hundred (8,500) square feet. Its purpose is to provide quality housing that will serve as a move up from single or starter homes in areas protected from excessive noise, illumination, odors, visual clutter, and other influences that are generally objectionable or not conducive to family living.

(a)

Those uses listed for the SF-8.5—Single-family residential—8,500 district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2003-156, § 2, 8-26-03; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 11, 9-25-18)

The "SF-7", single-family residential district is intended to provide for development of medium density detached single-family housing with lot sizes not less than seven thousand (7,000) square feet Its purpose is to provide for development of quality medium density housing, for starter homes, move downs, empty nesters and singles in an area protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living. This district can also act as a transition between medium and high-density detached housing for small families and singles in the city.

(a)

Those uses listed for the SF-7—Single-family residential—7,000 district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2003-153, § 1, 5-13-03; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 1, 11, 9-25-18)

The "TH", single-family attached residential or townhouse district is intended to promote stable, quality attached occupancy residential development on individually platted lots at slightly increased densities. Individual ownership of each lot should be encouraged and this district may be used to provide a "buffer" or a transition between lower density residential areas, multi-family or non-residential areas along major thoroughfares and in and around the old town area.

(a)

Those uses listed for the TH—Single-family attached residential district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 2, 12, 9-25-18)

The "MF", multifamily residential district is intended to provide for development of high density attached residential structures. Its intent is to provide a transitional buffer between low/medium density housing and intensive nonresidential uses in the city. This purpose would be achieved by requiring these districts to be located adjacent to major thoroughfare or collector streets with direct access and/or frontage onto them and avoiding any principal access onto residential streets.

(a)

Those uses listed for the MF—Multiple-family residential district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

a.

Each lot or parcel of land, which is used for multiple-family residences, shall provide on the same lot or parcel of land, open space (as defined below) in accordance with the following requirements:

b.

An area of common open space shall have a slope not exceeding ten (10) percent, shall have no dimension of less than ten (10) feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains. Open space shall not include rooftops; accessory buildings; parking areas; driveways; turnaround areas; or the right-of-way or easement for streets or alleys.

c.

At the time of site plan approval, the planning and zoning commission may recommend and the city council may approve credit for open use requirements under the following conditions:

(1)

Up to three (3) square feet for each one (1) square foot of area provided for the following recreational facilities:

(a)

Swimming pools, tennis courts, racquetball courts, or similar facilities.

(b)

Decks, patios or lounge areas adjacent to or within ten (10) feet of swimming pools.

(c)

Children's play areas developed with play equipment.

(d)

Usable portions of recreational buildings.

d.

Partial or full credit may be given for on-site open space that exceeds the minimum slope (as defined in (a) above), if it is determined that such areas are environmentally or aesthetically significant and their preservation would enhance the development and community. In determining environmental and aesthetic significance, the planning and zoning commission and city council will consider:

(1)

Preservation of significant trees or other natural vegetation.

(2)

Contribution to on-site retention of stormwater or natural control of drainage.

(3)

Preservation of vistas and other qualities.

(4)

Buffer or transition between the multi-family use and other uses

e.

Available off-site open space may be credited for up to one third (⅓) of the open space requirement if:

(1)

Fifteen (15) percent or more of the site's boundary is adjacent to park land.

(2)

There are defined pedestrian connections between the multi-family development and park land.

(3)

Permanent open space is within one hundred (100) feet of the development that is available for use by the general public.

(4)

The design of the development provides a significant visual and pedestrian connection to public park land.

f.

The combined credit for areas calculated at a three-to-one basis and off-site parks or open space shall not exceed fifty (50) percent of the total open space requirement for each multi-family development.

(Ord. No. 2003-143, § 1, 2-25-03; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2011-430, § 6(Exh. B), 3-8-11; Ord. No. 2018-655, §§ 3, 13, 9-25-18; Ord. No. 2018-657, § 1, 11-13-18)

The "NS", neighborhood service district is intended to provide limited or day-to-day retail, office and personal service needs to residents of nearby neighborhood areas. Establishments in this district could include small, free standing, single story retail structures and neighborhood oriented personal service establishments and should have architecture elements as well as hours of operation that are compatible with single-family residential uses. Sites zoned for the NS district should generally utilize small corner parcels within a logical neighborhood area, typically located at the entry of neighborhoods serving as a buffer between the neighborhood and arterial roadways. The district should require fully landscaped front yards and with low profile/ monument signs. This district should not allow any outside sales, storage or display, drive through, or any auto-related uses.

(a)

Those uses listed for the NS—Neighborhood service district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(b)

No outside sales, storage or display is permitted.

(c)

No servicing of any vehicles (e.g., automobiles, trucks, trailers, etc.) is permitted.

(Ord. No. 2004-201, §§ 3—6, 4-14-04; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 3, 4, 14, 9-25-18; Ord. No. 2018-657, § 2, 11-13-18)

The "LR" district is intended to provide areas for neighborhood, and/or local shopping facilities for retail sales of goods and services, including convenience stores, shopping centers and regional malls, serving the entire community, but does not include wholesaling or warehousing. This district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes and should utilize landscaping and buffering requirements. Structures should be limited in height and mass to be compatible with area residential structures and masonry walls should be required adjacent to residentially zoned property.

(a)

Those uses listed for the LR-Local retail district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2003-143, § 2, 2-25-03; Ord. No. 2004-201, § 6, 4-13-04; Ord. No. 2004-208, § 1, 6-22-04; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 5, 14, 9-25-18)

The "OT", Old Town District is intended to create a zoning district that would be divided into three (3) subdistricts (see section 23-3.13.3). Each subdistrict would have a distinct purpose and have a special criteria to achieve the desired land use pattern which would facilitate enhancement and revitalization of the original old town area's turn-of-the century architecture and the Texas small town character. The purpose of this district will be to serve as the focal point of the community and the city, while providing for a blending of mixed land uses to create a defined area. This district may accommodate greater development intensity (than allowed elsewhere in the city) as a result of coordinated review requirements and special development standards. The district is also established to encourage and emphasize pedestrian-oriented activities and uses such as outdoor malls, festival marketplaces and similar activities, to create a truly vital environment, such that the district reflects the center of social, economic and political functions in the city.

(a)

Uses listed in section 23-4.1.2 (Use Charts) in conjunction with a site plan review.

(b)

Such uses as may be permitted under conditional use permits, division 3.20.

(c)

Municipally owned facilities and uses (no open storage or repair).

(d)

Accessory buildings to the main use (section 23-4.1.3).

Development proposed within the Old Town District is required to be consistent with subdistricts created for the purpose of facilitating the implementation of the Old Town Plan. The sub-districts correspond to the "Old Town Concept" discussed in the City of Cedar Hill's Comprehensive Plan. Boundaries for the sub-districts are identified in this section as a part of this chapter and recorded on the city's official zoning map. The following subdistricts are established:

(1)

Old Town Square subdistrict.

(2)

Old Town Corridor subdistrict.

(3)

Old Town Residential subdistrict.

(a)

Other than single-family located within the OT-Residential subdistrict, site plan review and recommendation by the downtown architectural review committee, as may be established by the city council, is required for all developments within the old town district.

(b)

The downtown architectural review committee shall make a recommendation to approve the site plan, to approve it with conditions, or to deny the site plan. The committee's recommendation shall be forwarded to the planning and zoning commission and to city council.

(Ord. No. 2015-576, § 2, 12-8-15)

(a)

General site orientation and layout—(Nonresidential uses).

(1)

Parking areas shall be located at the side or rear of buildings to improve the overall appearance from the street.

(2)

Site layouts on individual lots shall be developed in such a manner that pedestrian connections between buildings both on that lot and between lots within the overall Old Town District Plan can be achieved.

(3)

Trails designed for pedestrian or bicycle only travel should be provided in accordance with the parks master plan.

(b)

Parking.

(1)

Shared parking within a subdistrict will be considered on a case by case basis to reduce the overall amount of parking required. A reduction for shared parking shall be based on the following factors, and in no case shall exceed a reduction of over forty (40) percent of the otherwise required parking:

a.

The uses clearly have mutually exclusive hours of operations; or

b.

A secondary use drawing patrons from a primary use and not from the public at large (e.g., a shop selling sundries within a hotel); and

c.

The reductions in parking and the hours of operation are made part of the certificate of occupancy record for that use.

(2)

Also see division 5.1.

(c)

Street furnishings and lighting. Private developments within the Old Town District shall coordinate the selection and installation of street furniture and lighting with the standards selected by the city for the public areas adjacent to streets in order to maintain design continuity.

(d)

Paving design.

(1)

In pedestrian areas, colored or textured concrete, modular paving units or other durable, visually interesting paving materials shall be used.

(2)

Pedestrian paving design shall be consistent between separate developments within the Old Town area to ensure design continuity.

(a)

Purpose. A primarily retail/office district with the opportunity for second story residential, that is primarily for the development of the core of the Old Town District "Retail Core Concept." Development within this subdistrict should have a site orientation, which creates a focal point within the Old Town district, and should take advantage of environmental amenities, encourage pedestrian traffic and connection between uses. The boundaries of this subdistrict shall be established on the zoning map consistent with the comprehensive plan.

(b)

Authorized uses.

(1)

Uses listed in section 23-4.1.2 (Use Charts) in conjunction with a site plan review.

(2)

Residential uses may be permitted on the second floor of new or existing structures when approved as part of the site plan. No more than four residential dwelling units per building shall be permitted.

(c)

Old Town Square sub-district development standards:

General site orientation and layout:

(1)

New development sites within Old Town Square subdistrict shall not be permitted unless integrated with other buildings within the area to maintain the functional and visual appearance of a focal point development for the Old Town.

(2)

Buildings within Old Town Square subdistrict, shall be oriented toward streets and pedestrian traffic in order to create a cohesive, pedestrian oriented development plan.

(3)

Parking areas shall be located at the side or rear of buildings to improve the overall appearance from the street.

(4)

Building fronts and sidewalks shall be maintained for outdoor uses such as café's, restaurant seating, street side seating etc.

Pedestrian circulation requirements: Each lot within the Old Town Square area shall provide on-site pedestrian facilities or public plazas or spaces that encourage pedestrian traffic on and to adjacent properties. Where the concept plan shows connections to other properties, adequate provisions should be made for creating a coordinated system of pedestrian ways throughout the district.

Parking requirements:

(1)

The design and layout of parking within the Old Town Square subdistrict shall conform to the following standards to the maximum extent possible.

a.

Parking lots shall be located at the side or rear of the building.

b.

Parking areas shall be screened or landscaped and shall be designed to maintain and facilitate continuity of the street façade.

c.

Unloading/drop-off areas shall be provided.

d.

Changes in pavement or grade should be used to indicate pedestrian crossings.

e.

All primary parking shall be constructed of either reinforced concrete or concrete pavers.

f.

Use of traffic islands or turnabouts is encouraged to add visual interest and directional guidance to parking lots.

(2)

Developments in the Old Town Square subdistrict will be permitted to share parking with the Old Town Corridor subdistrict for the purpose of reducing parking areas within the Old Town Square area but shall be considered on a case-by-case basis. A reduction for Old Town Square parking shall be based on the following factors:

a.

The uses clearly have mutually exclusive hours of operations (a restaurant and an office building; or

b.

A secondary use which is clearly compatible with and draws a larger number of its patrons from a primary use (e.g., an art school and stationary shop); and

c.

The reductions in parking and the hours of operation are made part of the certificate of occupancy record for that use.

(a)

Purpose. A retail/office subdistrict that is primarily for retail and office uses that meets the convenience needs of the community. The boundaries of this sub-district shall be established through the zoning map.

(b)

Authorized uses.

1.

Uses listed in section 23-4.1.2 (Use Charts) in conjunction with a site plan review.

2.

In case of new or unlisted uses, a determination of appropriate classification of the form of land use shall be made by the planning and zoning commission by considering the nature and described performance of the proposed use and its compatibility with the uses permitted in the subdistrict and the Old Town District in general.

(c)

Old Town Corridor subdistrict development standards:

General site orientation and layout:

(1)

Buildings within Old Town Corridor subdistrict shall be oriented toward streets and pedestrian traffic in order to create a cohesive, pedestrian oriented development plan.

(2)

Any existing residential use shall be allowed to continue in this subdistrict as a conforming use until it ceases to be used in that manner and then it shall not be allowed to reestablish. No additional totally residential development shall be newly erected or established within or relocated into the corridor subdistrict unless the use is an upper-story use established in compliance with this section.

(3)

Upper story residential development may be established above any non-residential ground level use in this district through site plan approval.

(4)

Parking areas shall be located at the side or rear of buildings to improve the overall appearance from the street.

(5)

Wherever possible, parking for residential units shall be accessed from an alley or rear drive.

(6)

Mixed residential and commercial uses may be established with both residential and business use in a live/work arrangement in this district only through the site plan approval process.

(7)

Pad sites within Old Town Corridor subdistrict shall be limited to the following:

a.

Pad sites shall occupy no more than two (2) corners of any street intersection and shall be two (2) acres or less.

(Ord. No. 2001-71, § 2, 7-21-01; Ord. No. 2002-110, § 9, 6-11-02; Ord. No. 2003-143, § 4, 2-25-03; Ord. No. 2006-276, § 4, 1-10-06; Ord. No. 2015-576, § 1, 12-8-15)

(a)

Purpose: This subdistrict is intended primarily for residential uses that provide a buffer between the nonresidential uses of the Old Town district and lower density residential uses around it. Certain nonresidential uses that are compatible to the residential uses may be allowed in this subdistrict through an approved conditional use permit. The boundaries of this subdistrict shall be established through the zoning map.

(b)

Authorized uses:

(1)

Those uses listed for the OT-Old Town district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses; however, any non-residential use within the OT-R-Old Town residential subdistrict shall first obtain a conditional use permit as set forth in division 3.20.

(2)

In case of new or unlisted uses, a determination of appropriate classification of the form of land use shall be made by the planning and zoning commission by considering the nature and described performance of the proposed use and its compatibility with the uses permitted in the subdistrict and the Old Town district in general.

(3)

Existing buildings shall be allowed to be established with both residential and business uses in a live/work arrangement in this district only through the conditional use permit approval process unless authorized as a home-bases business in accordance with section 23-4.1.5.

(c)

Old Town residential subdistrict development standards:

General site orientation and layout:

(1)

Buildings in Old Town residential sub-district shall provide sidewalks or other pedestrian oriented environments.

(Ord. No. 2006-276, § 6, 1-10-06)

This is an overlay district intended to guide the development of the uptown area to create a thriving mixed-use area that builds on, and enhances, Cedar Hill's unique character as a friendly and family-oriented Texas town. The district regulations seek to extend the character of the historic downtown into the uptown area by providing an extension of pedestrian corridor(s) and vehicular circulation with the historic downtown core, and to establish harmony between mixed uses similar to the historic downtown. The regulations are intended to accommodate contemporary development needs for retail and commercial uses.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

(a)

This division shall apply to new construction and visible site improvements.

(b)

Development standards that are not addressed in this division are subject to the regulations of the applicable base zoning district. Those uses allowed in the base zoning district are authorized.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

(a)

All primary structures shall be oriented directly to a corner of intersecting public streets, or to the internal roadway(s) in the district.

(b)

Primary parking areas shall be placed at the side or rear of buildings to improve the overall appearance of [buildings] from the streets in the district.

(c)

Buildings should be located as close as possible to the front property line to improve the overall appearance from adjacent streets and provide a strong building wall on either side of street environs in the district.

(d)

Site layouts on individual lots shall be developed in such a manner that pedestrian connections between buildings both on that lot and between lots within the overall uptown district can be achieved.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

(a)

Minimum front yard.

(1)

Along streets with a right-of-way width of sixty-five (65) feet or less—Ten (10) feet.

(2)

Porches, arcades or other architectural features with a minimum overhang height of ten (10) feet may extend to the adjacent right-of-way line.

(b)

Minimum side yard.

(1)

There shall be no requirement for buildings along public streets that have a floor area of ten thousand (10,000) square feet or less.

(2)

Buildings adjacent to residential uses—Fifty (50) feet.

(c)

Minimum rear yard.

(1)

For buildings with a floor area of ten thousand (10,000) square feet or less when adjacent to residential uses, residential districts or streets—Twenty (20) feet. Otherwise, there shall be no requirement.

(2)

For buildings with a floor area over ten thousand (10,000) square feet when adjacent to residential uses, residential districts or streets—Fifty (50) feet. Otherwise, the requirement shall be twenty (20) feet.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

(a)

All parking or drive areas shall be located at least thirty (30) feet from right-of-way lines along public streets or park areas.

(b)

The thirty (30) foot strip shall be screened and heavily landscaped and shall contain at least one (1) tree for every four hundred fifty (450) square feet within the strip. Such trees shall comply with the landscape standards for the city and may be used to meet the Cedar Hill landscape street yard requirements.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

(a)

Screening of light fixtures.

(1)

In order to preserve the night sky and to reduce glare on roadways, pedestrian areas and adjacent development, light sources (e.g., light bulbs) shall be oriented toward the center of the site or shielded so as to not be visible from the nearest property line. This applies to refractory lenses that extend beyond the lighting fixture and are designed to redirect the lighting source horizontally. This does not apply to neon or internally lit signs, or to decorative lighting with fifteen (15) watts or less per bulb.

(2)

Historic or antique-style pedestrian light fixtures approved by the city are excluded from this standard.

(b)

Decorative pedestrian level lighting. To accent entry areas and to enhance pedestrian safety, decorative pedestrian level pole or façade mounted lighting fixtures shall be used at entrances to the building and along major internal pedestrian routes.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

Street and pedestrian level lighting fixtures, signage and street furnishings that are compatible with the character of the old town historic district shall be used.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

All provisions of chapter 4, article XII, signs, shall apply to development within the district. In general, to establish and enhance the unique character of the uptown overlay district, signs shall be limited to monument and building signs that blend with the design, color and material used on the primary building. Though monument signs are preferred along U.S. Highway 67 between Clark Road on the north [and] Beltline Road, pole signs may be permitted.

Pole-mounted signs are not permitted within the district, except within fifty (50) feet from the nearest right-of-way line for U.S. Highway 67 between Clark Road on the north and Beltline Road on the south end of the district. However, to establish the unique character of the uptown overlay district, ground mounted signs are preferred adjacent to U.S. Highway 67.

(1)

All other signs for new development or expansion of existing buildings within the district shall be ground mounted monument signs or wall mounted signs.

(2)

Maximum area of any sign within the district shall be as permitted by the Cedar Hill Sign Ordinance.

(3)

Ground mounted monument signs shall have a distinctive base, middle and top.

(4)

Monument signs shall be no taller than eight (8) feet. Along U.S. Highway 67, monument signs may be twenty (20) feet in height, but with no increase in the permitted sign area.

(5)

Monument signs must be spaced a minimum of eighty (80) feet apart.

(6)

The structure of monument signs shall be constructed of materials and colors utilized on the building's primary façade.

(7)

Landscaping around the base of monument signs is encouraged to blend the sign with other landscaped areas around the sign.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

(a)

Any areas within the 100-year floodplain within the limits of the district shall be left in a natural state.

(b)

Drainage areas flowing to the floodplain may be contoured to accommodate storm water detention, which shall be provided in a naturalistic manner.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

In order to keep visual clutter within the uptown overlay district to a minimum; especially at the district's entries and along Uptown Boulevard, all new utilities shall be placed below ground, except for major high voltage transmission lines. Use of existing overhead utilities is permitted; however, new service lines shall be placed underground.

(Ord. No. 2018-655, § 17(Exh. A), 9-25-18)

The "CC", corporate campus district is intended to provide a low intensity, campus or open setting for research and development laboratories, corporate offices and headquarters, science and high technology firms and related office and support uses. The sites for such uses should typically be large in size, with significant amounts of land used for open space, large setbacks and heavy landscaping. Buildings may be multi-story and should be set back away from the streets. No residential uses are allowed within the CC - corporate campus district other than incidental security quarters.

(a)

Those uses listed for the CC-Campus commercial district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 6, 14, 9-25-18)

The "C", commercial district is intended to accommodate development of all retail and wholesale activities, such as commercial sales and service uses, other contracting services, storage and warehouse services, automotive and transportation related services and activities dealing with services to other businesses and vehicular related activities. Developments of this type are generally incompatible with residential development due to heavy traffic generation, hours of operation, noise emissions, or other incompatible features and should be generally located along freeways, highways, and other designated high volume thoroughfares and should utilize established high level of landscaping and buffering.

(a)

Those uses listed for the C-Commercial district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2004-208, § 2, 6-22-04; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2015-542, § 5, 7-22-14; Ord. No. 2018-655, §§ 7, 14, 9-25-18)

The "IP", industrial park district is intended to provide for development of low intensity industries and light manufacturing plants involved in assembling, fabrication, warehousing, wholesaling and some administrative operations, conducted wholly within enclosed buildings and conforming to an exceptionally high developmental, operational and environmental standards. The district shall be characterized by off street parking and loading facility requirement, generous setbacks, abundant open space and aesthetically landscaped site planning. This district will require accessibility to major thoroughfares, major highways, or other means of transportation.

(a)

Those uses listed for the IP, industrial park district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2004-207, § 1, 8-10-04; Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 8, 15, 9-25-18)

The "I", industrial district is intended to provide for light industrial and light manufacturing uses that are somewhat limited in nature and function of permissive uses, such as assembling and fabrication, warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. The developments in this district should be in accordance to established performance standards and shall be characterized by large setbacks, minimal building coverage, off street parking and loading facilities, and landscaping and buffering requirements. This district should also require accessibility to major thoroughfares, major highways, or other means of transportation.

(a)

Those uses listed for the I, industrial district in section 23-4.1.2 (Use Charts) as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in division 3.20.

(Ord. No. 2009-377, § 2, 1-13-09; Ord. No. 2018-655, §§ 9, 16, 9-25-18)

The purpose of a planned development zoning district ("PD district") is to provide for the development of land as an integral unit for single or mixed use in accordance with a PD concept plan that may include uses, regulations and other requirements that vary from the provisions of other zoning districts. PD districts are intended to implement generally the goals and objectives of the city's comprehensive plan. PD districts are also intended to encourage flexible and creative planning, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one (1) or more of the following purposes:

(a)

To provide for a superior design of lots or buildings;

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

Each PD district shall be a free-standing zoning district in which land uses and intensities of land use may be tailored to fit the physical features of the site and to achieve compatibility with existing and planned adjacent uses. Minimum standards for residential and nonresidential uses proposed for the PD district must be incorporated within an ordinance adopted by the council (the "adopting ordinance"). In the adopting ordinance, the city council may incorporate minimum standards by making reference to a standard zoning district

(a)

Land use.

(1)

Uses. Unless otherwise provided by the PD ordinance, only those uses authorized in section 23-4.1.2 of this chapter are permitted in a PD district.

(2)

Location. The location of all authorized uses shall be consistent with the PD concept plan and PD site plan.

(3)

Residential density. Unless otherwise provided by the PD ordinance on the basis of exceptional design and provision of enhanced open space, residential density shall not exceed four (4) units per gross acre for single-family residential use and eighteen (18) units per gross acre for multi-family use.

(4)

Nonresidential uses. Unless otherwise provided by the PD ordinance, the following standards shall apply to all non-residential uses within a PD district:

a.

Height. No structure shall exceed the lower of three (3) stories or forty-five (45) feet above natural grade.

b.

Drainage. Drainage features shall be integrated into the design of the development and shall be contained within ponds and streams with a natural appearance wherever possible.

c.

F.A.R. Floor to area ratio shall not exceed one-to-one (1:1); however, the council may authorize higher intensities of use if supported by traffic impact analysis and site-specific open space analysis.

(b)

Open space standards.

(1)

Public and private open space. Unless otherwise provided by the PD ordinance, a minimum of twenty (20) percent of the gross land area within the entire PD district shall be devoted to open space, consistent with the open space requirements of the city's comprehensive plan. Open space for PD districts may be satisfied by either public or by a combination of public and private open space. Open space requirements specified in this subsection are in addition to requirements for site landscaping and buffering. Public open space shall be dedicated to the city.

(2)

Preservation of natural features. Unless otherwise provided by the PD ordinance or PD concept plan:

a.

Floodplain areas shall be preserved and maintained as open space; and

b.

Significant stands of native trees and shrubs shall be preserved and protected from destruction or alteration.

(3)

Open space amenities. An applicant for a PD district may propose open space amenities in order to intensify the uses of the land within the district.

(4)

Open space allocation. Open space requirements shall be satisfied for each phase of a multi-phased residential development. If open space is not to be provided proportionally among phases of development, the applicant must execute a reservation of open space in a form that will assure the city that such open space will be provided. The city may require that all open space within the district must be provided prior to completion of development within the district.

(c)

Dimensional and area standards. Unless otherwise provided by the PD ordinance, dimensional and area standards for uses shall be the most restrictive standards authorized by the city's zoning regulations for the same or similar uses.

There are three (3) types of plans that may be required as part of the development process within a PD district. The general purpose and use of each plan is described as follows:

(a)

PD concept plan. The PD concept plan is mandatory, and is intended to be used as the first step in the PD development process. It establishes the most general guidelines for the PD district by identifying the land uses and intensities, thoroughfare locations, and open space boundaries (including public trail systems). It also illustrates the integration of these elements into a master plan for the whole PD district. The PD concept plan, as incorporated in the PD ordinance and together with the text of the ordinance, establishes the development standards for the PD district. The PD concept plan shall identify any areas that have different standards than established for the same or similar uses.

(b)

PD development plan. A PD development plan is optional and is intended to be used, where necessary, as the second step of the PD development process. A PD development plan may be used where the developer requests or the council requires certain standards for the PD district to be specified after initial establishment of the PD district, and constitutes an amendment to the approved PD concept plan and PD ordinance. A PD development plan includes more detailed information as to the specific land uses and their boundaries. The purposes of a PD development plan are to allow flexibility in the development process by deferring specification of all development standards at the time of PD district creation and to enable developers to satisfy conditions imposed on creation of the district prior to submittal of a PD site plan.

(c)

PD site plan. A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to assure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to assure that the standards applicable within the PD district are met for each such lot, parcel or tract. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this section.

An application for a PD development plan or PD site plan may request a pre-application conference with the planning director prior to formal application. The procedures in division 1.8 shall apply.

(Ord. No. 2005-250 § 4, 08-30-05)

Except as otherwise provided by the city's subdivision regulations, no building permit shall be issued and no construction shall commence for any land within a PD district until a PD site plan that is consistent with the PD concept plan and any applicable PD development plan has been approved. Each PD district shall be developed, used, and maintained in compliance with the approved PD site plans for the district. Compliance with the PD Ordinance shall be construed as a condition precedent to granting of certificates of occupancy.

(a)

Zoning amendment. An application for the establishment of a PD district shall be made to the commission. The application shall include: (1) a PD concept plan; (2) a list of proposed PD district development standards; (3) identification of a zoning district, if any, which shall apply to the extent not otherwise provided by the PD concept plan or by the proposed PD district development standards; (4) an informational statement, and (5) traffic impact analysis, unless waived by the council. Except to the extent provided by the PD concept plan and the PD ordinance, development within the PD district shall be governed by all of the ordinances, rules, and regulations of the city in effect at the time of such development (including the standards of the zoning district identified in the application). In the event of any conflict between the PD concept plan and the PD ordinance and the then-current ordinances, rules, and regulations of the city, the terms, provisions, and intent of the PD concept plan and PD ordinance shall control.

(b)

PD concept plan. A PD concept plan (or, at the applicant's option, a PD development plan) shall be processed simultaneously with the zoning amendment application, and if the zoning amendment application is approved, the PD concept plan (or PD development plan) shall be incorporated as part of the PD ordinance. The graphic depictions contained on a PD concept plan shall be considered as regulatory standards. Each PD concept plan shall be prepared on one (1) or more standard sheets of sizes of 30″ × 42″ or 24″ × 36″ and at an engineering scale of 1″=100′ (or other scale necessary to clearly convey the appropriate information). If multiple sheets are required, an overall plan shall be submitted as well (which may be to any scale). Unless waived by the planning director, each PD concept plan shall graphically depict the following:

(1)

A diagram or drawing of the boundaries of the proposed PD district;

(2)

Proposed and existing land uses by category (including, if applicable, proposed and existing land uses by category for any sub-areas to be developed within the PD district);

(3)

Proposed density by type of residential uses, including the maximum numbers of dwelling units for residential uses other than single-family detached and lot sizes for single-family detached;

(4)

Proposed estimated total floor area and floor area ratios by category of nonresidential uses, together with residential view analysis, if any;

(5)

Proposed configuration of public and private open space serving the development, showing the relationship to the city's comprehensive plan, including trail system and access points to the trail system, estimated dimensions and approximate area, and areas to be dedicated to the public or to a private maintenance organization, if known;

(6)

Proposed and existing thoroughfares, boulevards and large streets;

(7)

To the extent known for adjoining land, existing land uses (by zoning district), existing thoroughfares; and existing open space for such adjoining land;

(8)

Any amenities proposed for purposes of achieving density or intensity bonuses; and

(9)

A general plan for circulation of traffic and pedestrians within and external to the development, including designated points of access.

(c)

Proposed PD development standards. Proposed PD district development standards shall be processed simultaneously with the zoning amendment application, and if the zoning amendment application is approved, such standards shall be incorporated as part of the PD ordinance. Such proposed development standards may include (but shall not be limited to) uses; density; lot size; lot dimensions; setbacks; coverage; height; landscaping; lighting, fencing, parking and loading; signage; open space; drainage; and utility and street standards. Any graphic depictions used to illustrate such standards, unless otherwise provided in the PD ordinance, shall be considered as regulatory standards.

(d)

Concept plan informational statement. A PD concept plan shall be accompanied by an narrative statement containing the information set forth below. If the zoning amendment application is approved, the informational statement shall not be binding on the applicant or the land owner and shall not be considered part of the PD concept plan or the PD ordinance. Informational statements shall be updated concurrently with any amendment to the PD concept plan and with each PD development plan, if any. Each statement shall include the following:

(1)

A general statement setting forth how the proposed PD district will relate to the city's comprehensive plan;

(2)

The total acreage within the proposed PD district;

(3)

If the development is to occur in phases, a conceptual phasing plan that identifies the currently anticipated general sequence of development, including the currently anticipated general sequence for installation of major capital improvements to serve the development; and

(4)

An aerial photograph with the boundaries of the PD concept plan clearly delineated.

(e)

Traffic impact analysis. The applicant shall submit to the city engineer a traffic impact analysis for the proposed PD district unless waived by the city council, after it receives the advise of the city engineer. The analysis must be approved or waived by the council prior to, or concurrently with, the council's approval of the PD district. The traffic impact analysis shall not be considered part of the PD concept plan or the PD ordinance, but may be used to condition the density of uses or the timing of development with the district based upon the existence of a supporting roadway network adjacent to accommodate the expected traffic generation. The traffic impact analysis shall be updated with each PD site plan.

(f)

Complete application. No application for the establishment of a PD district shall be deemed to be filed with the city until the planning director has determined that the PD concept plan is complete, that the proposed PD district development standards have been identified, that a traffic impact analysis has been submitted (unless waived), and that the informational statement is complete. A sufficient number of copies of the application, as determined by the planning director, shall be submitted to allow review by city staff and appropriate boards.

(g)

Commission recommendation. The commission, after notice and public hearing in accordance with the city's zoning procedures, shall formulate its recommendation with respect to establishment of a PD district. The recommendation of the commission shall be forwarded to the council for decision.

(h)

Council decision. Following receipt of the commission's recommendation, the council, after notice and public hearing in accordance with the city's zoning procedures, shall conduct a public hearing and shall approve, approve with conditions, or deny the application for establishment of the PD district.

(i)

Approval criteria. Based upon the PD concept plan, the commission, in making its recommendations to the council, and the council, in determining whether the PD district should be established, shall consider whether the following criteria have been met:

(1)

The plan of development is generally consistent with the city's comprehensive plan (as such plan may be amended prior to or concurrently with approval of the PD district);

(2)

Proposed uses and the configuration of uses are compatible with existing and planned adjoining uses;

(3)

The general arrangement of streets conforms to the city's thoroughfare plan (as such plan may be amended prior to or concurrently with approval of the PD district);

(4)

Proposed uses, development densities and intensities, and development regulations are generally consistent with this section;

(5)

The configuration of the proposed open space serving the development is consistent with the city's comprehensive plan (as such plan may be amended prior to or concurrently with approval of the PD district);

(6)

The amenities proposed justify proposed densities or intensities;

(7)

The proposed plan of development furthers the public health, safety and general welfare of the community; and

(8)

The traffic impact analysis demonstrates that the capacity of the proposed roadways shown on the proposed PD concept plan, together with any roadways within related PD districts and the supporting roadway network, are adequate to accommodate the traffic expected to be generated by the uses, densities and intensities of use shown on the PD concept plan in and authorized in the PD ordinance in a timely and efficient manner.

(j)

Conditions. The commission may recommend, and the council may require, such conditions to the establishment of a PD district and to the approval of a PD concept plan as are reasonably necessary to assure that the purposes of the district and the approval criteria for the PD concept plan are met. Such conditions may include the requirement of a PD development plan.

(k)

Adopting ordinance. The PD ordinance shall include and incorporate the PD concept plan an integral part of the regulations and shall include the following:

(1)

A statement of the purpose and intent of the PD district;

(2)

A metes and bounds description of the land within the PD district;

(3)

A list of the specific land uses permitted within the PD district, together with a description of the sub-areas, if any, in which such uses are allowed;

(4)

The maximum density or intensity of each permitted land use;

(5)

A list of all the PD district development standards, together with necessary graphic illustrations;

(6)

Identification of the city's then-current zoning district standards that shall apply to the extent not otherwise provided by the PD concept plan or PD ordinance;

(7)

Identification of the development standards, if any (whether in the PD ordinance or in the then-existing ordinances, rules, or regulations of the city), that may be deferred for specification until approval of a PD development plan or that may be varied by the council as part of the approval process for a PD site plan.

(8)

Unless otherwise identified on the PD concept plan, the general location and size of open space serving the development; including any proposed dedication of open space to the public or to a maintenance organization.

(9)

Provisions governing amenities, if any, to justify densities or intensities.

(10)

Such additional conditions as are established by the council to assure that the PD district and PD concept plan are consistent with the purposes of the district and the approval criteria for the concept plan.

(Ord. No. 2001-71, §§ 8, 9, 7-21-01)

If the council requires as a condition of establishing the PD district and approving a PD concept plan that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire development at one (1) time or for individual phases of development. The applicant also may elect to submit a development plan in accordance with this section. Each plan shall be submitted to the city planning director. Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the city engineer or planning director, the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to commission action.

(a)

Submittal requirements for PD development plans.

(1)

Approximations of the following: site boundaries and dimensions, lot lines, site acreage and square footage, and distances to the nearest cross streets;

(2)

Location map, north arrow, title block and site data summary table;

(3)

Existing land uses and zoning classifications on adjacent properties;

(4)

Any features omitted from the PD concept plan upon council authorization; and

(5)

Such additional features as are necessary to assure compliance with conditions established by the council to be satisfied by the development plan.

(b)

PD Development Standards. Development standards that were not specified in the PD ordinance, as authorized by the council, shall be submitted and approved as an amendment to the PD ordinance and incorporated therein, in conjunction with approval of the PD development plan.

(c)

Development plan informational statement. Each PD development plan shall be accompanied by an informational statement containing the information hereinafter set forth. The informational statement shall not be binding on the applicant or the land owner and shall not be considered part of the PD development plan or PD ordinance. Informational statements shall be updated concurrently with any amendment to a PD development plan and with each PD site plan. Each informational statement shall include the following:

(1)

Name and address of landowner and date of preparation of the PD development plan;

(2)

Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons involved in the preparation of the PD development plan;

(3)

A table listing the specific permitted uses proposed for the property, and, if appropriate, the boundaries of the different land uses and the boundary dimensions;

(4)

Development standards for each proposed land use, as follows:

a.

Minimum lot area;

b.

Minimum lot width and depth;

c.

Minimum front, side, and rear yard areas;

d.

Maximum height of building; and

e.

Maximum building coverage.

(5)

A list of the development standards, if any (whether in the PD ordinance or in the then-existing ordinances, rules, or regulations of the city that apply to development within the PD district), for which the applicant is seeking amendment by the council as part of the PD development plan approval process.

(6)

If council approval of any height increase is being requested, a view analysis of the impact of such requested waiver on adjacent residential areas of the city.

(7)

Preliminary and approximate building locations and building footprints;

(8)

Preliminary elevations and perspectives to show the relationship of building heights to surrounding topography;

(9)

Location of parking areas and structures for multi-family and nonresidential uses, including areas for off-street parking;

(10)

A detailed description of how open space serving the development will be satisfied for the phase of development represented by the PD development plan, including any proposed dedications of open space to the public or to a private maintenance organization;

(11)

If the PD development plan is a phase of the project (as described in the applicant's original informational statement submitted with the PD concept plan), depiction of the area subject to the development in relation to the then-current phasing plan, together with any updates of the then-current phasing plan that was submitted as part of the applicant's original informational statement;

(12)

Preliminary tree survey;

(13)

A list detailing each condition imposed by the PD ordinance that is to be satisfied through approval of the PD development plan; and

(14)

A list identifying each proposed addition or amendment to the PD ordinance.

(d)

Preliminary drainage study. Each PD development plan shall be accompanied by a preliminary drainage study for the area covered by the study. The study shall be prepared by a professional engineer who is licensed in the State of Texas and who is experienced in the study of drainage issues. The preliminary drainage study shall (i) contain a topographical map of the area proposed for development to a scale not smaller than 1 inch = 200 feet; (ii) generally describe how the proposed development will comply with the drainage design policies set forth below; (iii) include all information deemed necessary by the preparing engineer to support his or her determination that the proposed development will comply with the drainage design policies; and (iv) include all information reasonably requested by the city engineer to support his or her review of the preliminary drainage study. The purposes of the drainage design policies are to prevent flooding of adjacent properties, owned by third parties and to regulate water surface elevations and peak discharges. Development within the PD District shall not produce any increase in the water surface elevation (either upstream or downstream) due to a 5-year, 10-year, 50-year, or 100-year storm. If the discharge from the area proposed for development would increase the water surface elevation above predevelopment conditions on any property owned by third parties due to any of such storms, then such peak discharge must be regulated to the extent necessary to eliminate the increased water surface elevation. The regulation of discharges to eliminate such increases may be achieved using either on-site or off-site stormwater management facilities (such as detention areas, retention areas, and infiltration and sedimentation ponds).

(E)

Updated traffic impact analysis. If deemed necessary by the city's transportation engineer or if required by the PD ordinance, the applicant for a proposed PD development plan shall submit an updated traffic impact analysis prior to action by the commission. The purpose of the updated analysis is to determine whether the traffic estimated to be generated by the development shown on the proposed PD development plan will necessitate specific on-site or adjacent traffic improvements (e.g., turn lanes, stacking lanes, signalization, etc.) and to determine whether conditions attached to the concept plan based on the original traffic impact analysis have been met.

(f)

Commission recommendation. The commission, after notice and public hearing in accordance with the city's zoning procedures, shall recommend to the council whether to approve, approve with conditions, or disapprove each PD development plan, together with each proposed amendments to the PD ordinance.

(g)

Council decision. Upon receipt of the commission's recommendation, the council, after notice and public hearing in accordance with the city's zoning procedures, shall approve, approve with conditions, or disapprove each PD development plan and each proposed addition or amendment to the PD ordinance.

(h)

Approval criteria. The commission, in making its recommendation to the council, and the council, in acting upon each PD development plan and proposed addition or amendment to the PD ordinance, shall determine whether the proposed PD development plan and ordinance addition or amendment meets the following criteria:

(1)

The plan generally is consistent with the approved PD concept plan (including open space, trails, and thoroughfares);

(2)

The plan generally is consistent with the development standards set forth in the PD ordinance;

(3)

The plan satisfies any conditions established by the council in the PD ordinance relating to development plan approval;

(4)

The plan is generally consistent with the standards and conditions of the zoning regulations and of other ordinances, rules and regulations of the city (to the extent that such standards and conditions are applicable to development within the PD district);

(5)

The traffic estimated to be generated by the plan is generally consistent with the original, council approved traffic impact analysis and any conditions to be satisfied at the time of the development plan approval have been met;

(6)

The plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.); and

(7)

The preliminary drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas can be improved in a natural manner.

(i)

Conditions. The commission may recommend, and the council may require, such conditions to the approval of a PD development plan as are reasonably necessary to assure that the approval criteria are met.

(j)

Approving ordinance. The development plan shall be incorporated within an ordinance amending the PD ordinance and the concept plan. The amending ordinance shall set forth all standards necessary for development of the land subject to the development plan that were not included in the PD ordinance. The amending ordinance also shall repeal or amend any conditions that were attached to the PD ordinance that have been satisfied as a result of approving the development plan and associated amendments. All PD's shall be shown on the city's zoning map.

(Ord. No. 2001-71, § 10, 7-21-01)

(a)

Delegation to commission. The planning and zoning commission hereby is delegated the authority to approve, conditionally approve, or deny PD site plans and all amendments thereto, subject to appeal to the council. Any PD site plan that is subject to a request for waivers or other modifications and that are reserved for the council by these PD regulations shall be decided by the council, upon recommendation of the commission.

(b)

Submittal requirements. The following requirements apply to each application for PD site plan approval:

(1)

Size. PD site plans shall be prepared on one (1) or more standard sheets of sizes of 30″ × 42″ or 24″ × 36″ and at an engineering scale of 1″=100′ or larger. If multiple sheets are required, an overall plan shall be submitted as well (which may be to any scale). PD site plans shall be prepared by a registered engineer, architect, or landscape architect.

(2)

General information:

a.

North Arrow;

b.

Total site acreage;

c.

Submission date;

d.

Scale (written and graphic);

e.

Vicinity map;

f.

Names, addresses, and telephone numbers of designer, engineer, developer, and owner;

g.

A boundary survey of the site with the location of proposed land uses;

h.

Adjacent subdivision names and property lines; and

i.

Adjacent land uses and structures.

(3)

Structures:

a.

Location, dimensions, and use of all existing facilities and proposed building sites;

b.

Setback and separation distances between building sites;

c.

Proposed construction type and facade materials for all multi-family and non-residential buildings (the commission may require elevations and perspective drawings);

d.

Proposed density of each use; and

e.

Proposed location of screening along public roadways shown on the PD concept.

(4)

Streets and sidewalks:

a.

Location and width of all rights-of-way and easements;

b.

Location and dimensions of all pavement and curbing;

c.

Location and width of all sidewalks;

d.

Location and width of all ingress/egress points;

e.

Location and width of all medians and median breaks; and

f.

Location of any special traffic regulation facilities.

(5)

Off-street parking and loading areas:

a.

Number, location, and dimension of spaces;

b.

Type of surface material of parking facility;

c.

Dimension of aisles, driveways, maneuvering areas, and curb return radii;

d.

Distance between spaces and adjacent rights-of-way;

e.

Location of all existing and proposed fire lanes and hydrants; and

f.

Proposed lighting diagram.

(6)

Landscaping:

a.

Location and size of major tree groupings and existing hardwood trees of 6″ caliper or greater, noting whether they are to be removed or retained;

b.

Location and size of proposed plant materials, including paving, together with type and species of plants;

c.

Number and type of each landscape element;

d.

Height and type of all fencing or buffering;

e.

Height of all planters, sculptures, and decorative screens;

f.

Location and type of trash receptacle screening;

g.

Location and type of lighting for streets, signage, and parking areas; and

h.

Location of visibility triangles where required.

(7)

Drainage:

a.

Direction of water flow;

b.

Quantity of on and off-site water generation;

c.

Topographic contours at a minimum of five-foot intervals;

d.

Points of concentrated water discharge;

e.

Areas where special design and construction may be necessary due to slope or soil conditions; and

f.

Location and design of all water detention and drainage areas;

g.

Drainage ways, creeks, and limits of the 100-year floodplain and floodway as shown on current FEMA mapping or the city's master drainage plan, including location and acreage, together with a general plan for accommodating flood waters and drainage.

(8)

Preliminary utility service plan:

a.

A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area;

b.

If no development plan has been required and approved by the council, the drainage plan shall incorporate the requirements of the preliminary drainage study as specified in section 23-3.19.7(d);

c.

If no development plan has been required and approved by the council, an updated traffic impact analysis as required by section 23-3.19.7(e);

d.

The proposed method of providing water and sewer service;

(9)

A list of the development standards, if any (whether in the PD ordinance or in the then-existing ordinances, rules, or regulations of the city that apply to development within the PD district), for which the applicant is seeking a waiver by the council as part of the PD site plan approval process; and

(10)

If council approval of any height increase is being requested, the applicant shall prepare (at the request of the planning director) a view analysis of the impact of such requested waiver on adjacent residential areas of the city.

(c)

Commission decision. The commission, after notice and public hearing in accordance with the city's zoning procedures, shall approve, approve subject to conditions, or deny each PD site plan.

(d)

Approval criteria. The commission, in approving, conditionally approving, or denying a PD site plan, shall consider the following criteria:

(1)

The plan complies with the applicable PD concept plan or development plan, if any, and with the PD ordinance, including expressly conditions attached to the concept plan, development plan or PD ordinance.

(2)

The plan complies with the standards and conditions of the zoning regulations and of other ordinances, rules and regulations of the city (to the extent that such standards and conditions are applicable to development within the PD district);

(3)

If no development plan was required and approved by the council, the traffic estimated to be generated by the plan is generally consistent with the original, council approved traffic impact analysis;

(4)

If no development plan was required and approved by the council, the plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.); and

(5)

If no development plan was required and approved by the council, the preliminary drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas can be improved in a manner approved by the council.

(e)

Conditions. The commission, or the council on appeal, may establish such conditions to the approval of a PD site plan as are reasonably necessary to assure that the approval criteria are met.

(f)

Appeal from commission action. If the commission approves a PD site plan with conditions or if it disapproves a PD site plan, the applicant may appeal the decision to the council by filing a written request with the city secretary within ten (10) days after the commission's decision.

(g)

Waivers. If the applicant requests a waiver from PD ordinance standards or other ordinance requirements, the waiver request will be forwarded to the council with the commission's recommendation for decision.

(Ord. No. 2001-71, § 7, 7-21-01)

(a)

PD concept plans. PD concept plans (excluding informational statements) are considered part of the PD ordinance. Any amendment to a PD concept plan shall be considered a zoning change, and the provisions of Chapter 211 of the Texas Local Government Code relating to notices, public hearings, and written protests for changes in zoning districts or regulations shall apply. If a PD district is established subject to approval of PD development plans, the provisions of this subsection shall apply to such PD development plan.

(b)

PD site plans. PD site plans are not considered part of a PD ordinance. Except as otherwise provided in this subsection, any amendment to an approved PD site plan must be approved by the commission. Notwithstanding the foregoing, however, "minor modifications" to any PD site plan may be approved by the planning director. If the planning director believes that a request for minor modification entails a significant change in the site plan, he may refer the request to the commission for determination. A "minor modification" to a PD site plan is defined as any modification that does not:

(1)

Alter the basic relationship of proposed development to adjacent property;

(2)

Change the uses permitted;

(3)

Increase the maximum density, floor area, or height;

(4)

Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or

(5)

Reduce the minimum yards or setbacks.

(a)

Lapse of plans. In a PD district, progress toward development of an approved project shall occur within the following time periods:

(1)

Failure to submit development plan. A development plan, where required, shall be submitted for approval within two (2) years of the date of establishment of the PD district, unless otherwise provided in the adopting ordinance. If a development plan for all or a portion of the project is not submitted within such period, or if the application for the development plan subsequently is denied, the authority to submit such development plan and all subsequent plans shall expire.

(2)

Failure to submit subsequent development plan. If the project is to be developed in phases, a subsequent development plan shall be submitted within two (2) years from the date of approval of a development plan for the preceding phase, continuing at such intervals until a development plan has been approved for all phases of the PD. If a subsequent development plan is not submitted the applicable period or if the application for the subsequent development plan is denied, authorization to submit such development plan for that portion of the property or other subsequent development plans for the property shall expire.

(3)

Failure to submit site plan. A site plan shall be submitted for approval within one (1) year from approval of the applicable development plan, or, if no development plan is required, within two (2) years of the date of establishment of the PD district. If a site plan is not submitted within such period, and following any extensions that may be granted, or if the site plan application subsequently is denied or expires, authorization to submit a site plan shall expire. If no development plan is required and the project is to be developed in phases, then subsequent site plans shall be submitted in accordance with the provisions for submittal of development plans and subject to suspension of authorization to submit further site plans, in accordance with subsection (2).

(4)

Lapse of site plan and extension. If a building permit for an authorized use has not been obtained within one (1) year from the date of approval of a site plan, the site plan shall lapse and no application for a site plan or building permit shall be accepted for filing thereafter. The property owner, however, may submit a request for extension of the site plan at least sixty (60) days prior to expiration of such plan, setting forth the reasons why an extension should be granted. The planning and zoning commission thereafter shall schedule a public hearing to consider such request and shall determine whether to extend the site plan, subject to a right of appeal to the city council. In no case shall the site plan be extended for a period in excess of two (2) years.

(5)

Stay of procedures. Upon expiration of any of the time limits for any step in the planned development process set forth in this section, an application for the development plan or site plan, as the case may be, shall not be accepted for filing or further processed, pending the outcome of the procedures set forth in subsections (b) through (d).

(b)

Planning & zoning commission recommendation. Following expiration of the right to submit a development plan or site plan, the planning and zoning commission shall consider whether the undeveloped land within PD district should be changed to another classification. Notice and conduct of the hearing shall be in accordance with procedures for a zoning amendment pursuant to division 2.3. The commission thereafter shall recommend to the city council whether the right to submit a development plan or site plan should be reinstated, or whether the property should be zoned to another classification.

(c)

Council consideration. The commission's recommendation shall be referred to the city council for consideration in accordance with procedures applicable to zoning amendments in division 2.3. The council shall determine whether the right to submit the development plan or site plan should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the council shall consider, at a minimum, the following factors:

(1)

Whether the PD district remains consistent with the comprehensive plan;

(2)

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

(3)

Whether there are extenuating circumstances justifying the failure to submit a development plan or site plan during the applicable time period; and

(4)

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

(d)

Council action. The city council may take the following actions:

(1)

Reinstate the right to submit the applicable development plan or site plan within a time certain, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of the project;

(2)

Modify the PD district regulations applicable to the property; or

(3)

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

(Ord. No. 2005-250, § 5, 8-30-05)

This chapter amends any PD district established under Article XI-C, Ordinance No. 85-777, or any predecessor ordinance, as follows:

(a)

PD district provisions to remain in effect. The provisions of the PD districts established by the ordinances appearing in Appendix A, which is incorporated herein by reference, together with Sections 3 and 4 of Article XI-C, Ordinance No. 85-777 as amended, shall remain in effect, except as may be expressly superseded by regulations in subsection (b), for the following purposes:

(1)

To govern solely enforcement of development standards or conditions pertaining to any lot or tract within the PD district for which a use has been established and which standards or conditions are made applicable to such use by the ordinance establishing the PD district or valid amendment thereto;

(2)

To govern solely the re-establishment of such use following destruction;

(3)

To govern standards for approval of any plats accepted for filing after June 22, 1999, and the establishment of uses subject to and consistent with such approved plats, provided that the project associated with such plats has not terminated by operation of law.

(4)

For purposes of this section a use authorized under a prior approved PD district shall be deemed established if an application for a building permit has been accepted for filing prior to the effective date of these zoning district regulations, the application is subsequently approved and construction is completed consistent with the approved building permit.

(b)

Rules applicable to all existing PD districts. Notwithstanding section 23-3.19.11(a) above, development authorized within a PD district existing on the effective date of these zoning regulations shall conform to the following standards:

(1)

Landscaping and screening requirements as set forth in division 5.2 and 5.3;

(2)

Supplemental regulations as set forth in division 5.4;

(3)

Performance standards and standards governing lighting and glare, as set forth in divisions 5.5 and 5.6; and

(4)

Exterior construction requirements as set forth in division 5.7.

(a)

Purpose. The purpose of the planned development combining (PDC) district is to assure the consistency of the official zoning map with the future land use map of the adopted comprehensive plan, while providing for the development of land formerly classified as a planned development district under Ordinance No. 85-777, as amended, or a predecessor ordinance, in accordance with some or all of the standards and conditions contained within the ordinance establishing such prior district, in the event that development under base district regulations is determined by the city council to be confiscatory or inequitable.

(b)

Repealed PD ordinances. For any PD district or portion thereof that has been reclassified as a planned development combining district on the zoning district map for these zoning regulations, the ordinance establishing the PD district with respect to such land hereby is repealed, and shall have no further force and effect, except to the extent that such provisions are incorporated within the planned development combining district pursuant to this section 23-3.19.12. All development within such former PD district or portion thereof as may occur thereafter shall be governed by the regulations for such planned development combining district, until such classification shall be changed in accordance with procedures for zoning map amendments. A list of ordinances creating PD districts which are repealed in whole or in part appears as Appendix B to these zoning regulations and is incorporated herein by reference.

(c)

Nature of district and uses authorized.

(1)

The planned development combining (PDC) district is an overlay district that combines with one (1) or more base districts established by these zoning regulations. The PDC district incorporates the uses, standards and conditions established under a planned development district created pursuant to Ord. No. 85-777, as amended, or a predecessor ordinance. The boundaries of each PDC district shall be mapped on the city's official zoning map, which shall show the base district(s) and the number of the ordinance creating the PD district.

(2)

A list of the ordinances establishing former PD districts which have been reclassified in whole or in part as a planned development combining district appears as Appendix B to this chapter and is incorporated herein by reference. When more than one (1) PDC district has been mapped for a single PD district, such districts are designated in Appendix B by a suffix following the PD district number.

(3)

The authorization to develop land within a PDC district in accordance with prior use regulations and development standards in contravention of base district regulations arises only upon approval of a vested rights petition by the city council in accordance with the procedures and standards in section 23-3.19.12(d) In all other circumstances, the uses authorized and the standards for development shall be those of the base district.

(4)

In the event that a PDC district is deemed void by order of any court, it is the intent of this section that the land shall remain classified as the base district(s) on the city's zoning map and that the uses authorized and the standards for development for the land subject to the overlay district shall be those solely of the base district with which it was combined.

(d)

Procedures.

(1)

Vested rights petition required. Except for uses authorized and consistent with the development standards in the base district, no application for site plans or plat approval shall be accepted for filing for development within a planned development combining district until a petition for a determination of vested rights has been filed in accordance with this section.

(2)

Application for vested rights determination. An owner of land within a planned development combining district may petition the city council for a vested rights determination and other relief under this subsection (d). The petition must be filed either in conjunction with the submission of a complete application for approval of a preliminary plat, final plat, or any other permit for development of all or a portion of the land within the district, or in conjunction with the filing of a development plan prepared in accordance with section 3.19.7, depicting development of the remaining undeveloped land within the district. The plat or development plan shall be consistent with the approved land uses, standards and conditions set forth in the ordinance and associated land use plan establishing the prior PD district listed in Appendix B.

(3)

Time for petition. In either event, the petition for the vested rights determination and accompanying plats or plans must be filed with the planning director in writing within six (6) months of the effective date of these 2000 zoning regulations. The petition for a vested rights determination shall be accompanied by an unconditional waiver of any claim that the plat application or other application has not been processed in accordance with any time limits established by law. Applications that are inconsistent with the approved land use plan for the prior PD district shall be returned to the applicant as incomplete.

(4)

Consideration by council.

a.

The petition for a vested rights determination shall be considered by the city council within a reasonable time after the petition is received. The city council shall not authorize development in accordance with the prior PD district regulations unless the applicant first presents credible evidence from which the city council can reasonably conclude that the application of all or a part of the standards in the base district will deprive the applicant of a vested right or of the economically viable use of his land.

b.

The city council also may consider any proposal by the petitioner to rezone the land subject to the planned development combining district, provided that such application is processed as an amendment to the zoning map in accordance with the procedures in division 2.3.

(5)

Criteria. In deciding whether to grant relief to the applicant, the city council shall take into consideration any evidence presented on the following factors:

a.

The nature and extent of prior applications filed or approved within the prior PD district;

b.

Whether any prior vested rights determinations have been made with respect to the property subject to the application or the property within the prior PD district;

c.

Whether any prior approvals of applications granted by the city within the prior PD district have been terminated in accordance with law;

d.

Whether specific standards to be applied under base district regulations affect lot size, lot dimensions, lot coverage or building size.

e.

The nature and intensity of the uses allowed under the base district;

f.

Whether such provisions allow an economically viable use of the land;

g.

The degree to which the property owner may be damaged by the application of the standards contained in the base district;

h.

The total expenditures made in connection with the proposed development in reasonable reliance on prior PD regulations;

i.

Any fees reasonably paid in connection with the proposed development;

j.

Any representations made by the city concerning the project and reasonably relied upon to the detriment of the applicant;

k.

The extent to which the owner of the property had actual or constructive notice of proposed changes to the zoning regulations.

6.

Action by city council. The city council may take the following actions:

a.

Deny the request for relief, and direct that development of the land within the district included in the petition thereafter be in accordance with the uses and the standards authorized in the base district;

b.

Grant the relief requested, and direct that the application be processed and evaluated in accordance with the regulations contained in the prior PD district as incorporated by the PDC district;

c.

Grant the relief requested in part, and direct that some of the land within the district included in the petition thereafter be developed in accordance with the uses and standards authorized in the base district, and that the remainder of such land be developed in accordance with the regulations contained in the prior PD district as incorporated by the PDC district.

(7)

Waiver.

a.

A vested rights determination granted under this section shall expire, and all claims pertaining to vested rights or loss of economically viable use shall be deemed waived, forfeited and void, if any of the following conditions should occur:

(1)

A complete application for approval of a plat or other permit, consistent with the city council's determination, is not filed within thirty (30) days of the date of such determination; or

(2)

The application subsequently is denied for failure to comply with regulations governing the plat or permit; or

(3)

Approval of the application has expired.

b.

Following waiver of a vested rights determination, the only uses authorized and the only standards governing development within the combining district thereafter shall be those of the base district and any other standards imposed generally by these zoning regulations.

(e)

Effect of action on petition. If the city council grants the relief requested in the petition for a vested rights determination in whole or in part, development within the planned development combining district shall thereafter be consistent with the uses authorized and the standards and conditions made applicable to the proposed project for the land subject to the petition. Relief granted pursuant to this section shall not be deemed approval of the plat, development plan or other application submitted, but as authorization to submit such plan for approval in accordance with procedures applicable to the type of application submitted. If relief is denied, uses authorized and standards governing development within the district for such land shall be solely those of the base district and any other standards imposed generally by these zoning regulations.

(f)

Effect of failure to petition. If a property owner within a planned development combining district fails to petition for a vested rights determination within the time prescribed by subsection (d), the right to submit such petition expires and the only uses authorized and the only standards governing development within the combining district thereafter shall be those of the base district and any other standards imposed generally by these zoning regulations.

(g)

Removal of overlay district. The city council or the planning and zoning commission on its own initiative may seek to remove the planned development combining district from the zoning map in accordance with the procedures for zoning amendments in division 2.3 on occurrence of any of the following events:

(1)

The property owner within the planned development combining district fails to petition for a vested rights determination within the time prescribed by subsection (d); or

(2)

The relief sought upon petition of the property owner pursuant to this section is denied by the city council; or

(3)

A vested rights determination is waived by the property owner in the manner provided in subsection (d).

(a)

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

(b)

Permit required. No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within a zoning district until a conditional use permit is issued in accordance with the provisions of this section. An application for a conditional use permit shall be accompanied by a site plan prepared in the manner described in division 2.6. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in section 23-3.20.5.

The following general rules apply to all conditional uses:

(a)

The designation of a use in a zoning district (see section 23-4.1.2) as a conditional use does not constitute an authorization or assurance that such use will be approved.

(b)

Approval of a conditional use permit shall authorize only the particular use for which the CUP is issued.

(c)

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

(d)

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

(a)

Application requirements. An application for a conditional use permit may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan prepared in accordance with the requirements of division 2.6. If a zoning amendment is required to authorize the use or as application is pending, the application for a conditional use permit shall not be considered complete unless accompanied by a copy of the approved zoning ordinance or amendment.

(b)

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

(a)

Planning and zoning commission recommendation. Upon receipt of the recommendation from the planning director, the planning and zoning commission shall conduct a public hearing in order to formulate its recommendations to the city council on the conditional use permit application. Following the public hearing, the planning and zoning commission shall recommend approval, approval subject to modification, or denial of the proposal to the city council in accordance with division 2.3. If the appropriateness of the use cannot be assured at the location, the planning and zoning commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

(b)

City council action. The city council shall be the final decision-maker on applications for conditional use permits. Following a public hearing and in consideration of the planning and zoning commission's recommendations, the city council shall approve, modify or deny the proposal for a conditional use permit in accordance with division 2.3. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

(a)

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

(1)

The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan;

(2)

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

(3)

The proposed use meets all supplemental standards specifically applicable to the use as established in the development standards, divisions 5.1 through 5.7;

(4)

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

a.

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

b.

Off-street parking areas, loading areas, and pavement type;

c.

Refuse and service areas;

d.

Utilities with reference to location, availability, and compatibility;

e.

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

f.

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

g.

Required yards and open space;

h.

Height and bulk of structures;

i.

Hours of operation;

j.

Exterior construction material, building design, and building facade treatment;

k.

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

l.

Provision for pedestrian access/amenities/areas;

m.

Impervious coverage percentage; and

n.

Concentration of, or distance from, similar uses.

(5)

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

(b)

Conditions. In approving the application, the commission may recommend and the city council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in division 2.3. Any conditions imposed shall be set forth in the action approving the conditional use and shall be incorporated into or noted on the site plan for final approval. The director shall verify that the plan incorporates all conditions, and shall sign the plan to indicate final approval. The city shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.

(1)

Prohibition on waivers and variances.

a.

The foregoing standards of development shall not be subject to variances that otherwise could be granted by the zoning board of adjustments (ZBA), nor may conditions imposed by the city council subsequently be waived or varied by the ZBA. In conformity with the authority of the city council to authorize conditional uses, the city council may waive or modify specific standards otherwise made applicable to the use by this chapter, to secure the general objectives of this section; provided, however, that the city council shall not waive or modify any approval factor set forth in subsection (a) of this section.

b.

The conditional use permit application shall conform to the base district in which the use is located, including any variance that may have been granted by the zoning board of adjustments pursuant to division 2.2

(Ord. No. 2008-345, § 6, 1-8-08; Ord. No. 2020-699, § 8, 6-9-20)

(a)

If a certificate of occupancy has not been issued within one (1) year of the approval of a conditional use permit, then the conditional use permit shall expire. The planning director may extend the expiration time up to an additional one (1) year if a building permit has been issued for new construction on the premises. Thereafter, a new conditional use permit must be approved prior to development of the use under standards then in effect.

(b)

If a use approved by conditional use permit is abandoned for a period of one (1) year, then the conditional use permit and all associated site plans shall be deemed to have expired. Thereafter, a new conditional use permit must be approved prior to development of the use under standards then in effect.

(c)

If a use approved by conditional use permit exceeds the standards and conditions established under the permit, the city may enforce the terms of the permit in accordance with article 6, or the city council may by majority vote revoke the permit following notice to the owner and public hearing in accordance with procedures for appeals to the board of adjustment as set forth in section 23-2.2.6.

(Ord. No. 2019-669, § 1, 3-26-19)

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

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

Uses allowed by CUP are specified in section 23-4.1.2 (Use Charts).

(a)

Intent. It is the intent of this Section that zoning districts authorizing special uses under Ordinance No. 85-777, as amended, be repealed, and that established special uses be authorized either as permitted, nonconforming or conditional uses under these zoning regulations. It is the further intent of this section that any standards or conditions attached to such approved special uses remain in effect for purposes of enforcement.

(b)

Repeal of zoning districts authorizing special uses.

(1)

Any ordinance establishing a zoning district that authorizes a special use pursuant to Ord. No. 85-877, article XIII, as amended, hereby is repealed, and shall have no further force and effect, except that the standards and conditions governing such authorized special use shall remain in effect for such purpose and hereby are incorporated by reference for purposes of enforcement. A list of ordinances creating districts authorizing special uses which are repealed appears as Appendix C to these zoning regulations, and is incorporated herein by reference.

(2)

All new development within such former special use zoning district as may occur following repeal shall be governed by these zoning regulations pursuant to the standards for the zoning district in which such proposed development is to be located; provided, however, that established uses for which construction has not been completed shall be governed by the standards and conditions adopted in the ordinance creating the special use district.

(c)

Authorization as permitted, conditional or nonconforming use.

(1)

Authorized permitted use. Whenever an established special use authorized under Ordinance No. 85-777, as amended, is identified either as a permitted use or a conditional use under division 4.1 of these zoning regulations for the zoning district in which the use is located, the use shall be classified hereafter as a use permitted of right within the district, and shall conform to the regulations of the district, except to the extent that the standards and conditions governing the former special use are in conflict with the district regulations. In such event, such standards and conditions shall take precedence over those for the district with respect to the former special use. To the extent that such standards and conditions render a structure or lot non-conforming, such nonconformity shall be deemed lawful, and the provisions of division 2.5 of these zoning district regulations shall apply.

(2)

Lawful nonconforming use. Whenever an established special use authorized under Ordinance No. 85-777, as amended, is identified neither as a permitted nor a conditional use under division 4.1 of these zoning district regulations for the zoning district in which the use is located, the use shall be deemed hereafter to be a lawful nonconforming use within the district, and shall be subject to the provisions of division 2.5 of these zoning district regulations. The standards and conditions governing the former special use shall continue to apply to such use, and shall be deemed lawful non-conformities.

(3)

Established use. For purposes of this Section a special use authorized under a prior approved special use permit (SUP) district shall be deemed established if, on the effective date of these zoning regulations, the special use permit has not expired, as provided in Article XIII, Ord. No. 88-877, as amended. In order to maintain status as an established special use, a building permit subsequently shall be approved and construction shall be completed consistent with such approved building permit. If the special use permit expires pursuant to Article XIII, Ord. No. 88-877, as amended, a building is not obtained, or construction is not completed consistent with the permit, the special use shall be considered abandoned.

(4)

Termination or modification of use. If the former special use authorized under this section as a permitted, conditional or lawful nonconforming use is abandoned, lawfully terminated or destroyed, or is otherwise modified in a manner inconsistent with the standards and conditions governing the use under Ordinance No. 85-777, as amended, the provisions of division 2.5 governing abandonment of nonconforming uses and restoration of nonconforming structures shall apply.

Whenever a use classified as a permitted use under zoning district regulations in effect immediately prior to the effective date of these zoning regulations is classified as a conditional use under the zoning district regulations in which the property is located on the approved zoning map, the use shall be treated as a non-conforming use subject to the provisions of division 2.5, unless the applicant obtains approval of a conditional use permit under this division 3.20.

There hereby is established a High Pointe (HP) overlay district. The High Pointe overlay district is intended to combine with one (1) or more planned development districts or planned development combining districts established by this comprehensive zoning ordinance. The districts with which the High Pointe overlay district combines are identified in Appendix D, which is incorporated by reference herein. The purpose of the district is to provide standards for landscaping, screening and buffering of new land uses to be developed within the district.

The land uses authorized within the High Pointe overlay district and the standards applicable to development within the district shall be those of the underlying planned development district or planned development combining district, except as provided in section 3.21.3 below.

The additional landscaping, screening and buffering standards which appear in Appendix D of this comprehensive zoning ordinance shall apply to new development of land within the High Pointe overlay district, as stated and limited by the provisions contained in Appendix D.