Cedar Park City Zoning Code
ARTICLE 11
02 ZONING DISTRICTS AND LAND USES
§ 11.02.001 Purpose and applicability.
Article 11.02, Zoning Districts and Land Uses:
A.
Establishes zoning districts, which provide development standards for each district and are shown on the official zoning map, section 11.02.003, Official Zoning Map;
B.
Defines and regulates land uses as either permanent or temporary; and
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.01.01, adopted 11/9/17)
§ 11.02.002 Zoning districts.
A.
B.
Equivalency table.
Table 11.02.002, Zoning District Transitions and Purposes, identifies each of the zoning districts, along with the equivalent district of the previously adopted zoning ordinance, and a description of the intended purposes of each district.
Table 11.02.002. Zoning District Transitions and Purposes | ||
|---|---|---|
District | ||
Name | Transition From | The purpose of the district is to provide for: |
Interim District | ||
Development Reserve (DR) | DR RA | Large tracts of undeveloped land generally that may be used for agricultural uses and/or individual home sites at a very low density. This district may be assigned to land that is annexed into the City prior to its designation of permanent zoning in accordance with the future land use plan. Land previously zoned Rural Agricultural “RA” is now zoned Development Reserve (DR). |
Residential Districts | ||
Estate Residential (ES) | ES | Estate lots for larger single-family detached dwellings. |
Suburban Residential (SR) | SF MH SF-1 | Larger sized lots for single-family detached dwellings. Land previously zoned Large Lot Single-Family “SF”, Large Suburban Lot Single-Family “SF-1” and Manufactured Home “MH” is now zoned Suburban Residential “SR”. |
Semi-Urban Residential (SU) | SF-2 SF-3 | Single-family detached dwellings intended to be located on small undeveloped and infill tracts. Land previously zoned Large Urban Single-Family “SF-2” and Urban Lot Single-Family “SF-3” is now zoned Semi-Urban Residential “SU”. |
Urban Residential (UR) | TH DP CD | Medium density residential attached (townhome) dwellings on individual lots in a compact neighborhood environment or as a condominium development. Land previously zoned Duplex Residential “DP”, Town Home Residential “TH”, and Condominium Residential “CD” is now zoned Urban Residential “UR”. |
Multifamily Residential (MF) | MF | Multifamily tracts that are zoned MF as of the effective date of this Chapter. These tracts are reflected on the zoning map as “MF.” No new MF zoning will be permitted after the effective date of this Chapter. |
Nonresidential Districts | ||
Neighborhood Business (NB) | TO TC | Smaller-scale, low-intensity neighborhood convenience retail and professional office and service uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses. The district is intended for use as a transition between the residential and nonresidential districts, or in locations that are suitable for such uses by way of its location, proximity, property size, access to collector or arterial roads, or other special circumstances. Land previously zoned Transitional Office “TO”, and Transitional Commercial “TC” is now zoned Neighborhood Business (NB). |
Local Business (LB) | LR | Office and retail businesses that are intended to serve the overall community, with a larger market than the immediate neighborhoods in the area. In order to accommodate the traffic generated from these businesses without negatively impacting the residential neighborhoods, these uses should be located primarily at pulse points or activity nodes where collector and arterial roadways intersect or at arterial roadway intersections. These uses generally serve a larger market than businesses found in a NB district and generally serve a more local market than uses found in the GB district. |
General Business (GB) | GR | Moderate and large retail centers, big-box stores, and malls that serve the retail and service needs of the community and broader region. This district includes site and building design and architectural standards to ensure quality, sustainable development. |
Professional Office (PO) | GO BD | Office, research, and technology parks with enhanced site and building standards to create a high quality, campus-like local and regional employment center. This district may also provide for some more intensive commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited. Land previously zoned General Office “GO” and Business “BD” is now zoned Professional Office “PO”. |
Heavy Commercial (HC) | CS HC | Larger-scale, higher intensity business, commercial, and industrial-related uses that are to meet the consumer and employment needs of the community and broader region. Land previously zoned Commercial Service “CS” and Heavy Commercial “HC” is now zoned Heavy Commercial “HC”. |
Light Industrial (LI) | LI GI | Smaller-scale, limited intensity industrial warehouse and assembly or light manufacturing uses where the operations of the use are conducted indoors and where outdoor storage and display is limited or adequately screened from adjacent streets, uses, and public views. Land previously zoned Light Industrial “LI” and General Industrial “GI” is now zoned Light Industrial “LI”. |
Heavy Industrial (HI) | HI | The most intense land uses allowed within the City, which may include heavy manufacturing and operational activities. This district is designed for locations that provide adequate access for trucks and heavy equipment and do not impose environmental impacts on adjacent uses. |
Hospital (H) | H | All types of medical institutions, together with facilities for allied health services in an area or complex that is designed to accommodate tall and high-intensity buildings and uses with adequate provision for high volumes of traffic and emergency access. |
Public Services (PS) | PS | Public, semi-public, and institutional land uses that are unique in nature and scale and thus, most appropriate in their own district. |
Open Space Greenbelt (OG) | OSG | Greenbelts and passive parklands that incorporate open space planning into the assignment of land use designations, and develop and implement a system of “greenway” parks that link home, retail, employment centers, parks, and nature preserves. |
Open Space Recreation (OR) | OSR | A system of active parklands and recreational opportunities throughout the community that respond to the broad variety of recreational needs of different age groups and interests of people residing in all areas of the City. |
Mixed Use Districts | ||
Mixed Use (MU) | MU | A mixture of high density residential, commercial, and public or institutional uses and civic spaces in a compact, urban form. The MU district may include multifamily units as upper-floor dwellings in a vertically mixed use building or horizontally as a complex within the urban context. This district in principally intended for use on infill parcels and for the redevelopment and revitalization of corridors, although it may also be conditionally approved for use in other appropriate areas of the City. |
Town Center (TC) | DD | The Town Center Code and the Regulating Plan, as stated in Article 11.02, division 2, Town Center Code. |
Planning Area (PA) | – | A zoning district that is consistent with the “planning areas” designated in the Comprehensive Plan, which includes the following development types: Entertainment District, Educational Campus, Walkable Mixed Use, and Business Park. |
Special and Overlay Districts | ||
Conditional Overlay (CO) | CO | An overlay of supplemental standards to those of the underlying base districts to address the unique conditions or circumstances of a property. |
Entertainment Center (EC) | ECO | An overlay of supplemental standards to those of the underlying base districts to address high-intensive and large-scale entertainment uses and venues and their related indoor or outdoor facilities, access and parking requirements, and levels of impact on surrounding districts and uses and the City at-large. The land uses in this district stated in Article 11.02, division 3, Land Uses. |
Planned Development (PD) | PD | The PD district is principally intended for development areas where it may be considered warranted due the to the scale of development, the mixture of land uses, site constraints, unique design considerations, and needed site flexibility. |
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.01.02, adopted 11/9/17)
§ 11.02.003 Official zoning map.
A.
Generally.
Zoning districts are shown on the map entitled “Official Zoning Map” of the City of Cedar Park, Texas. An official copy of the zoning map is on file and available for inspection during regular business hours at the Department of Development Services, Cedar Park City Hall Complex, 450 Cypress Creek Road, Building One.
B.
Force and effect.
The zoning map and all notations, references, and other information shown on it are a part of this Code and shall have the same force and effect as the text of this Code, as certified and maintained by the Administrator.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.01.03, adopted 11/9/17)
§ 11.02.004 Assignment of zoning.
A.
Temporary zoning.
Any territory annexed into to the City and brought within its corporate limits shall automatically be zoned Development Reserve (DR).
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.01.04, adopted 11/9/17)
§ 11.02.031 Purposes.
The purposes of the Town Center (TC) district are to:
A.
Protect, preserve, improve, and provide for public health, safety, and general welfare of the present and future citizens of the City along with the owners and future residents;
B.
Establish a framework of zoning guidelines and criteria;
C.
Allow for mixed-use development, which incorporates compatible residential and commercial uses;
D.
Allow for greater design flexibility than what is permitted within the other City zoning districts;
E.
Fulfill goals stated in the City Comprehensive Plan;
F.
Create development superior to that which would occur using conventional zoning and subdivision regulations;
G.
Ensure the safe, orderly, and healthful development and expansion of the City, in accordance with and pursuant to this division of Chapter 11, Zoning;
H.
Conserve and utilize natural resources, appropriately and consistently with the public interest and to enhance the preservation of the natural environment;
I.
Encourage mixed-use, compact development that facilitates the efficient use of services, and thereby encourage high quality development and innovative design;
J.
Provide convenient, safe, and efficient circulation of vehicular and pedestrian traffic;
K.
Allow for flexible planning and development of mixed uses; and
L.
Promote compatible and different levels of residential and commercial uses.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.01, adopted 11/9/17)
§ 11.02.032 Applicability.
B.
Regulating Plan.
The Regulating Plan integrates a mixture of open space, residential, commercial and public uses. Public spaces form a primary structure and character of the neighborhoods. Streetscapes accommodate both vehicles and the pedestrian by encouraging a walking environment and providing opportunities for social exchange. Civic buildings are given visual positions of importance in the community. The Regulating Plan is designed to encourage the integration of varying housing types that offer residential opportunities for a variety of incomes and age groups.
C.
Community vision.
The Town Center Code establishes in this division (which includes the Regulating Plan) the specifications and regulations that are intended to achieve the desired community vision.
D.
Adoption.
Through the previous adoption of the Town Center, the City Council provided for the implementation of the zoning and site development regulations for the district. Provided, however, unless otherwise expressly stated in this division, the Regulating Plan, or the CPTC development agreement, the property shall comply with all applicable provisions of the Code of Ordinances.
F.
Civic uses.
Civic uses will be incorporated within both the Mixed Residential Area and the Town Center Area 1.
G.
Land use and site development regulations.
In addition to district-wide regulations, each type of area has specific land use and site development regulations. All development areas shall incorporate open space uses, which may be either public or private in nature. The development areas and land uses are reflected on the Regulating Plan.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.02, adopted 11/9/17)
§ 11.02.033 Land use.
A.
Prohibited uses in the Town Center.
The following uses are prohibited on any portion of property where the Town Center (TC) is applicable regardless of the designation of the development area or adopted development standards:
1.
Motor vehicle sales, service, fueling, storage, repair, parts and accessory sales and automotive and machinery repair or painting, except that motor vehicle fueling is permitted in the Neighborhood Commercial Area;
2.
Wrecking and salvage yards;
3.
Sexually oriented businesses;
4.
Flea markets, but not excluding temporary or permanent outdoor markets approved by the City for such use;
5.
Public storage, commercial warehouses, office warehouses, and mini-warehouses;
6.
Pawnshops;
7.
Portable building sales or lease;
8.
Recreational vehicle parks;
9.
Outdoor shooting ranges;
10.
Automobile, boat, recreational vehicle, trailer, heavy equipment, and other motorized vehicle sales or lease;
11.
Kennels, except as provided herein for development within the Neighborhood Commercial Area;
12.
Industrial uses, except those permitted in the Professional Office (PO) district;
13.
Funeral homes and mortuaries;
14.
Drive-through commercial uses; except as provided for herein for development within the Neighborhood Commercial Area;
15.
Any uses involved with hazardous materials;
16.
Self-service laundry facilities, except as provided as an accessory use to a residential lodging use;
17.
Carwashes, except that carwashes are permitted within the Neighborhood Commercial Area;
18.
Motels;
19.
Portable building sales; and
20.
Private pitch and putt, golf courses, and driving ranges.
B.
Town Center Area 1 and Neighborhood Commercial prohibited land uses.
Along with the prohibited uses listed above, single-family detached residential is also prohibited in both the Town Center Area 1 and Neighborhood Commercial Areas.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.03, adopted 11/9/17; Ordinance CO06-21-01-14-E1 adopted 1/14/21)
§ 11.02.034 General standards.
A.
Utilities.
1.
Utilities shall be located underground with the exception of existing electrical transmission lines and temporary overhead lines installed for temporary construction site offices.
2.
“Dry utilities” (e.g., gas, electric, telephone and fiber optic utilities) shall be located within an alley, if any and if practical.
3.
Overhead service to individual lots shall not be permitted.
4.
All water, wastewater and drainage utilities shall be located in the front public right-of-way or, if deemed necessary, a public utility easement and/or drainage easement.
B.
Lot standards.
1.
Each lot in a subdivision, except a lot that fronts on a green and abuts a street, shall abut both a dedicated public street and an alley. Lots that front on a green shall abut a publicly dedicated street in the rear of the lot.
2.
Assigned address numbers shall be permanently affixed to all structures in such positions as to be plainly visible and legible from the street and/or private interior drive and from the alley for all structures located adjacent to said alley.
C.
Street standards.
1.
Intent.
The district street system shall:
a.
Consist of a pattern of blocks with a hierarchy of streets, alleys, greens, and landscaped rights-of-way accommodating automobiles, public transit, bicycles, and pedestrians;
b.
Form an interconnected system of streets;
c.
Provide opportunities for the public to walk, bicycle, and drive within the district while minimizing conflict between modes of transportation;
d.
Promote an orderly, visually pleasing and active street environment for residents, workers, and visitors; and
e.
Accommodate the automobile, but not at the expense of the pedestrian.
2.
Pedestrian, bicycle, and transit principles.
a.
The district shall provide multiple direct connections to and between local activity centers such as parks, schools, recreation centers and neighborhood services;
b.
Pedestrian and bicycle paths should be integrated in the proposed network;
c.
Possible future transit service may also be considered within the proposed network; and
3.
Street classifications and description of characteristics.
Streets are classified according to their functions and character. The four (4) major street classifications for district roadways are:
a.
Parkway/boulevard.
Parkways and boulevards are streets that have separated travel lanes. Parkways and boulevards include a landscaped area between the street sections with parkways typically having a wider section than boulevards.
b.
Main street/collector street.
Main streets and collector streets provide mobility between areas of the district. Main streets and collector streets in residential areas should be designed to insure a calm, safe street that enhances the livability and preserves the character of neighborhoods. Main streets have a more urban character while collector streets have a more residential character.
c.
Local street.
A local street provides access within a neighborhood. Local streets form the framework and compose the majority of streets within the district and shape the identity and character of a neighborhood.
d.
Alley.
An alley is a passageway that provides access to the rear or side of property. Alleys are intended for use at very low vehicular speeds and provide alternative locations for garbage collection and dry utilities.
4.
Alley regulations.
a.
Design.
Alleys may be designed with an inverted crown.
b.
Intersecting alleys or utility easements.
Where two (2) alleys intersect or turn at a right angle, a sight triangle of not less than 10 feet measured from the point of intersection of the property or easement line, shall be provided along each property or easement line where practical.
c.
Dead-end alleys.
Dead-end alleys shall not extend more than 150 feet without a turnaround. Dead-end alleys longer than 300 feet shall be approved by the Administrator.
e.
Parking.
Parking in alleys is prohibited except as approved by the Administrator.
f.
Alleys shall be utilized for utility easements in addition to property access, wherever feasible. In the case of a lot that abuts a green and does not have a fronting street, a water and wastewater easement shall be dedicated within the alley.
g.
Alleys shall be shown on all plats for this district.
h.
On-street parking shall be striped as indicated in the street classification figures (figures 1–17) stated at the end of this section unless otherwise approved by the Administrator.
5.
Private streets.
a.
All streets shall be dedicated to public use unless they are designated as private.
b.
Private streets shall:
1.
Be labeled on subdivision plats;
2.
Be allowed where they are found to be more appropriate due to the type and density of development or other applicable factors;
3.
Be conveyed to and maintained by the property owners’ association (POA); and
4.
Adhere to the regulations for private streets stated by the Code of Ordinances.
6.
Dead-end streets.
Dead-end streets are prohibited within the district except as short stubs to permit future expansion.
7.
Cul-de-sacs.
The use of cul-de-sacs is prohibited within the district.
8.
Median design at intersections.
End treatment of medians at intersections shall accommodate:
9.
Roundabouts.
Roundabouts are circular intersections that can be an effective intersection type with lower speeds, and easier decision-making than conventional intersections, requiring less maintenance. For a roundabout to work properly it shall be designed for restricted speeds. The most significant feature that will restrict the speed is adequate deflection. Entry and exit radii and the size of the central island control vehicle deflection. Minimum standards shall be those of an urban single-lane roundabout. Particular note should be given to the following:
a.
For all intersections occurring at the corner of a local and collector street, roundabouts shall be designed for bus movement.
b.
For all intersections occurring at the corner of a collector and parkway street, roundabouts shall be designed to allow WB-50 movement.
c.
Driveways within the roundabout or within 50 feet of the inscribed circle shall not be allowed.
d.
Roundabouts shall have a mountable curb on the inside radius.
e.
Appropriate roundabout signage shall be provided.
f.
Raised splitter islands shall be used to preclude left turn movements prior to the roundabout.
g.
Any vegetation in the island shall be designed in compliance with the City of Austin Transportation Criteria Manual.
i.
The design of roundabouts shall require approval of the Administrator.
10.
Traffic calming measures.
The use of traffic calming measures shall require the approval of the Administrator and may include, but are not limited to, gateways, roundabouts, neckdowns, chicanes, throttles and protected on-street parking.
11.
Sidewalks.
b.
The PL-30 public lane shall include a sidewalk with a width of 10 feet on one (1) side.
c.
Off-street pathways shall be required where necessary to complete connectivity gaps.
d.
All streets shall provide sidewalks in accordance with figures 1–17.
e.
Sidewalk assignments may be varied in order to save trees.
f.
Sidewalks may be located outside the street right-of-way provided they are located in a public use easement shown on the plat.
g.
Alternative surface materials, such as decomposed granite gravel, may be substituted for concrete sidewalks with the approval of the Administrator on the condition that this sidewalk serves as a portion of a trail system for district use and is deemed more desirable.
13.
On-street parking.
Vehicles that are parked parallel on streets are required to be parked adjacent to the curb no further than one (1) foot from the face or [of] curb.
Table 11.02.034. Street Standards Summary | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
ROW | Pavement Width | # of Lanes | Travel Lane Width (FC-FC) | Traffic Direction | Parking | Design Speed | Curb Radius | Street Trees | ||
Parkways/Boulevards | ||||||||||
PKW-200 (Figure 1) | Parkway | Varies | 2 @ 20' | 2 | 12' | 2 way | Parallel - one side per direction | 30 mph | 15' | Typical 40' OC |
BVD-92 (Figure 2) | Boulevard | 92' | 2 @ 20' | 2 | 12' | 2 way | Parallel - one side per direction | 30 mph | 15' | Typical 40' OC |
MS-172 (Figure 6 [3]) | Main Street Boulevard | 172' | 2 @ 22' | 1 | 22' | 2 way | Angled | 25 mph | 20' | Typical 60' OC |
Main Streets/Collectors | ||||||||||
MS-66 (Figure 8 [4]) | 2-Lane Main Street | 66' | 60' | 2 | 12' | 2 way | Angled | 25 mph | 20' | Typical 40'-60' OC |
US-54 (Figure 9 [5]) | Urban Street w/angled parking | 54' | 48' | 2 | 11' | 2 way | Angled - side 1 Parallel - side 2 | 25 mph | 15' | Typical 40' OC |
US-48 (Figure 10 [6]) | Urban Street w/parallel parking | 48' | 40' | 2 | 12' | 2 way | Parallel both sides | 25 mph | 15' | Typical 40' OC |
RC-58 (Figure 11 [7]) | Residential Collector | 58' | 36' | 2 | 10' | 2 way | Parallel both sides | 25 mph | 15' | Typical 40' OC |
Local Streets | ||||||||||
RS-50 (Figure 12 [8]) | Residential Street | 50' | 28' | 1-2 | 10' | 2 way | Parallel both sides | 25 mph | 15' | Typical 40' OC |
RS-46 (Figure 13 [9]) | Residential Lane | 46' | 28' | 1-2 | 10' | 2 way | Parallel | 25 mph | 15' | Typical 40' OC |
SS-36 (Figure 14 [10]) | Side Street | 36' | 26' | 1-2 | 10' | 2 way | Parallel | 25 mph | 15' | Typical 40' OC |
PL-28 (Figure 15 [11]) | 1-Way Public Lane | 24' | 16' | 2 | 10' | 1 way | None | 15 mph | 15' | Not required |
PL-30 (Figure 16 [12]) | 2-Way Public Way | 30' | 22' | 2 | 14' | 2 way | Parallel one side | 15 mph | 15' | Typical 40' OC |
Alleys | ||||||||||
AL-24 (Figure 17 [13]) | 1-Way Alley | 20' | 14' | 2 | 8' | 1 way | None | 15 mph | 15' MRA | Not required |
D.
Open space standards.
1.
Intent.
Open space:
a.
Is a significant element of the Town Center district.
b.
Shall serve as areas of community and neighborhood gathering
c.
Should be distributed throughout the Town Center and be arranged in a hierarchy of small, intimate open spaces to large, multi-functional areas.
d.
Should address the recreational needs of the residents.
2.
Permitted uses.
The following uses shall be permitted within open space areas:
a.
Natural areas;
b.
Conservation areas;
c.
Outdoor recreational/athletic facilities;
d.
Outdoor swimming pools;
e.
Parks and related amenities;
f.
Streams, lakes, impounded waterways, or their drainage ways;
g.
Clubhouses, recreation centers and community centers;
h.
Pedestrian and bicycle trails and pathways;
i.
Plazas, greens, playgrounds; and
j.
Transit stops and off-street parking areas.
3.
Site development regulations.
The following site development regulations shall apply to open spaces uses within the district:
4.
Conveyance.
Open space and structures thereon shall be conveyed, owned, and maintained pursuant to one (1) of the three (3) following options:
a.
Conveyed to a public body, if said public body agrees to accept conveyance and to maintain the public open space and buildings, structures, or improvements which have been placed on it. Not in limitation of any other rights the City may have to impose additional requirements, land within the floodplain that is to be included in any conveyance to the City shall have a grading plan that includes:
1.
No concrete lining of water channels;
2.
No fencing;
3.
Slopes that are easily accessible by pedestrians and compatible with the public improvements; and
4.
A channel that utilizes an irregular, natural configuration both in horizontal alignment and cross-section design, which shall be approved by both the Administrator and the commission.
b.
Conveyed to and accepted by the City but only on the condition that all responsibility for maintenance is retained by or assumed by a property owners’ association or other party reasonably acceptable to the City.
c.
Conveyed to a property owners’ association or some other party responsible at time of final plat for maintaining common buildings, areas and land within the community. Private open space shall be restricted to the uses specified on the final plat and which provide for the maintenance of private open space in a manner which assures its long-term maintenance and for its intended purpose.
5.
Parking regulations.
Parking for open space uses within the district is provided from adjacent on-street parking unless, at the developer’s option, off-street parking is provided within an open space lot. On-street parking may be credited toward the required parking spaces of the intended use.
6.
Parkland dedication.
a.
Goal.
The goal of parkland dedication is to integrate usable open space into the fabric of the community.
b.
Application.
Land within the district designated as parkland shall comply with the standards set forth in this section and shall be shown on the Regulating Plan as public open space. The land area of parkland dedication shall be indicated on the Regulating Plan. The parkland shown on the Regulating Plan adopted concurrently herewith satisfies the dedication requirements with respect to the district (excluding, however, Town Center Area 2). No cash payment or improvements in lieu of parkland dedication shall be permitted. An appropriate park-phasing plan shall be approved with the preliminary plan. Town Center Area 2 must comply with code with respect to parkland dedication and development.
c.
Land treatment.
No easements or other dedications shall be issued, reserved, granted or made except as agreed by the director of parks and recreation. The director of parks and recreation may allow the developer to dump fill material and take other respective actions specified when, at the discretion of the director of parks and recreation, such action would be beneficial to the parkland. In all such cases, the developer shall obtain a letter of permission to the developer prior to the action in question.
d.
Parkland dedication within the Mixed Residential Area.
Parkland located in the Mixed Residential Area shall be a system of connected mini-parks distributed throughout the area in order to promote use by residents and access by pedestrians and bicyclists within the district.
1.
The collection of parks shall be arranged to preserve existing trees wherever feasible, and be integrated into the neighborhood street system. Open space within parkways, boulevards and access streets, which provide linear greenways and pedestrian connectivity throughout the district, may also be considered land for parkland dedication.
2.
The amount of land required to be dedicated for parkland shall be indicated on the Regulating Plan and indicated as public open space. The area of the parkland shall be measured and calculated to the property line of that lot. Parkland shall have a minimum of 50 feet of street frontage. Greens shall be considered land for parkland dedication.
3.
The minimum lot size dedicated for parkland is 8,000 square feet. The location and size of utilities stubbed out to parkland shall be determined at time of final plat by the director of public works. The developer shall have the option of entering into license agreements with the City for parkland improvements.
4.
Parkland to be dedicated as part of the subdivision plat shall adhere to the approximate size and location of the designations indicated on the Regulating Plan. By adoption of the Town Center, the City approves the parkland shown on the Regulating Plan and agrees that such parkland satisfies the parkland dedications requirements within the Mixed Residential Area. No cash payment or improvements in lieu of parkland dedication shall be permitted. An appropriate park-phasing plan shall be approved with the preliminary plan.
5.
Mail kiosks serving residents living within the Mixed Residential Area may be located within parkland.
e.
Parkland dedication within the Town Center Area.
All parkland dedication requirements for the Town Center Area 1 and Neighborhood Center Area are satisfied by the parkland shown on the Regulating Plan.
E.
Landscape standards.
1.
Intent.
For the development in this district, each site plan shall be prepared so as to be consistent with and maximize the goals of the Town Center, including but not limited to retaining existing trees.
2.
Application.
Landscape requirements as set forth in the Code of Ordinances shall apply except as provided in this section.
3.
General requirements.
a.
No parking space shall be located farther than 100 feet from a permeable landscaped island, peninsula, or median and a tree except for parking lots that contain more than three (3) parking modules.
b.
Parking spaces shall be located evenly through the parking areas, however the locations of landscaped islands, peninsulas and medians may be adjusted to accommodate existing trees or other natural features.
c.
Existing tree locations. If protected trees are encountered in tree surveys, the Administrator may approve layout modifications of streets and walks.
d.
Not required for this district. Street yard and transitional buffering (buffer yards).
4.
Loading zone areas.
Off-street loading zones shall be designed:
5.
Street trees.
a.
Location.
Street trees shall be installed in planting strips along streets.
b.
Planting plan.
The Administrator shall approve a street tree-planting plan for planting strips and traffic islands for each phase of development of the district.
c.
Size.
Street trees shall be a minimum of four-inch caliper ball and burlap or its equivalent 24-inch box or 65-gallon container.
7.
Traffic islands.
Planting plans showing planted street medians (traffic islands) shall be approved by the Administrator.
8.
Mix of species.
The specified mix of trees shall require approval of the City urban forester.
9.
Fencing and gates.
a.
The maximum height of an open style fence in a street yard shall be 36 inches. Open style fences shall not exceed five (5) feet in height. Masonry columns are permitted as part of all open style fences.
b.
Fences that abut parks and greens shall be open style fences except as provided in subsection (10) below.
c.
Where an alley is provided adjacent to lots in the Mixed Residential Area and such lots have fences adjacent to the alley, gates shall be provided from the rear or side yard to the alley of such lots.
10.
Fencing and landscaping along railroad track and 183A Toll Road.
a.
Fencing:
2.
Shall be constructed of double-sided decorative masonry, double-sided concrete masonry unit (CMU) or woodcrete;
3.
Shall be at a height not exceeding six (6) feet;
4.
Shall be at a minimum of five (5) feet;
5.
May be either open style or solid; and
6.
May be offset from the property line provided that it is situated in a maintained landscaped lot or easement.
c.
Fencing and landscaping along 183A Toll Road shall comply with the following:
1.
No fencing along 183A Toll Road shall be required until the 183A Toll Road street improvements are constructed;
2.
In the event that the Central Texas Regional Mobility Authority elects to construct fencing adjacent to the lots located along 183A Toll Road, the developer shall not be required to construct additional fencing;
3.
Fencing shall be constructed along the property line of the district that abuts the railroad track located on the western portion of the property and shall be constructed of double-sided decorative masonry, double-sided and tinted split-faced CMU or woodcrete at a height not exceeding six (6) feet, but shall be a minimum of five (5) feet. This fencing may be either open style fencing or solid fencing. Fencing may be offset from the property line provided that it is situated in a maintained, landscaped lot or easement;
4.
Fencing along the property line abutting 183A Toll Road may be omitted in locations where buildings front the 183A Toll Road right-of-way or areas within sight triangles; and
5.
Landscaping along the frontage of 183A Toll Road shall comply with the standards of the Corridor Overlay ordinance, except that the landscape setback area may be reduced from 25 to 20 feet.
F.
Lighting standards.
A developer may, with City approval, incorporate alternative street lighting standards only if the standards are designed to aesthetically enhance the district.
H.
Civic uses.
For all civic uses the following site development regulations are required:
1.
The building must be oriented to the general public in order to create focal points and landmarks;
2.
All sides of a building that are visible from a public street, public gathering area or green shall be compatible with or equivalent to the architectural features, materials, and the articulation of the front facade of the building; and
3.
The front facade shall not be oriented to face directly toward a parking lot.
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(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.04, adopted 11/9/17)
§ 11.02.035 Mixed Residential Area.
A.
Purposes.
The Mixed Residential Area is:
2.
Intended to promote pedestrian activity and circulation through well-designed streetscapes that provide for the safe and efficient movement of vehicular traffic and pedestrian circulation.
3.
Intended to allow for the location of limited commercial uses serving neighborhood needs. Commercial uses may be located within certain areas of the Mixed Residential Area of the district for the convenience of nearby residents. The businesses shall be conducive to the residential pattern of development and shall not create land use, architectural or traffic conflicts.
B.
Permitted uses.
The following uses shall be permitted in the Mixed Residential Area:
1.
Residential uses.
a.
Single-family detached residential use including single-family detached lot and side yard lot;
b.
Single-family attached residential use, including condominiums and townhouses;
c.
Accessory buildings, which shall be located in rear yards, and accessory uses customarily incidental to the use of the residential uses above; and
d.
Residential accessory dwellings.
2.
Open space.
a.
Natural areas;
b.
Conservation areas;
c.
Outdoor recreational/athletic fields;
d.
Outdoor swimming pools;
e.
Parks, playgrounds, and related amenities;
f.
Streams, lakes, impounded waterways, and their drainage ways;
g.
Clubhouses and community centers;
h.
Transit stops and off-street parking areas; and
i.
Pedestrian and bicycle trails.
4.
Commercial uses. Limited Commercial Overlay areas are designated on the Regulating Plan and the following uses are permitted within these areas:
5.
Civic uses.
C.
Residential site development regulations.
1.
Alleys.
Alleys are required unless there is a finding by the Administrator that an alley is not physically feasible of [to] be constructed.
2.
Lot size and setback regulations.
The following table lists the site development regulations for residential development within the Mixed Residential Area.
Table 11.02.035. Lot Size and Setback Regulations | ||||
|---|---|---|---|---|
Regulation | Single-Family Detached Lot | Side Yard Lot | Townhouse | Condominium |
Minimum lot size | 2,700 sf | 2,700 sf | 1,400 sf | 4,500 sf |
Minimum lot size on a corner lot | 3,150 sf | 3,150 sf | 1,750 sf | 4,950 sf |
Minimum lot width1 | 30 ft | 30 ft | 20 ft | 50 ft |
Minimum lot width on a corner lot | 35 ft | 35 ft | 25 ft | 55 ft |
Maximum height | 35 ft | 35 ft | 35 ft | 35 ft |
Minimum front yard setback3,4 | 15 ft | 15 ft | 10 ft | 10 ft |
Minimum street side yard setback3,4 | 10 ft | 10 ft | 10 ft | 10 ft |
Minimum interior side yard setback2,3 | 5 ft | 0 ft / 10 ft | None | 10 ft |
Minimum rear yard setback3 | 5 ft | 5 ft | 5 ft | 5 ft |
Table Notes: | |
1. | On a courtyard or curved street, the minimum lot width between the front lot line and the minimum front yard setback is 15 feet for a townhouse lot and 25 feet for other lots. |
2. | Side yard lots shall have a minimum interior side yard setback of zero (0) feet on one (1) side and 10 feet on the other side. The minimum distance between two (2) structures located on side yard lots shall be 10 feet; not including roof overhangs (provided the roof overhangs do not encroach into an easement). |
3. | Roof overhangs may extend two (2) feet into the front, rear and side setbacks provided that they do not encroach into an easement. |
4. | Minimum front yard setbacks and street side yard setbacks shall be measured from the property line to the line of the closest solid wall to the property line; open space areas (such as a front porch, stoop, balcony or bay) may encroach upon such setback, even if there are structural supports. There shall be no structure within eight (8) feet of the front property line or a street side yard property line. Steps and handrails are not considered as a part of the structure and have no setback requirement. |
3.
Garage/carport regulations.
b.
Two (2) car garages shall be required for all single-family detached residential units constructed on lots with lot width of greater than 35 feet.
c.
The Administrator may approve a garage entry facing the street provided that the garage is at least 20 feet behind the front property line and at least ten (10) feet behind the front wall of the principal structure.
[1]
Editor’s note–Original subsection C(2) was renumbered to C(3) to avoid a duplicate subsection number.
4.
Residential parking regulations.
a.
Single-family detached residential.
Development of single-family detached residential units shall provide a minimum of two (2) off-street parking spaces, except for lots:
b.
Single-family attached residential.
2.
Parking that exceeds one (1) parking space per unit may be located off-street and off-site provided that the parking space is no further than 200 feet from the dwelling unit. Head-in parking off of an alley may meet these requirements.
3.
Development of single-family attached residential units shall provide a minimum of two (2) off-street parking spaces with the exception of one (1) bedroom or condominium or townhouse units, which shall provide a minimum of one and one-half (1.5) parking spaces per dwelling unit.
[2]
Editor’s note–Original subsection C(3) was renumbered to C(4) to avoid a duplicate subsection number.
5.
Residential facades [and additional regulations].
c.
Residential density.
All property within the Mixed Residential Area shall be platted to an average minimum gross density of four (4) dwelling units per acre, excluding parks, churches and other nonresidential uses, but including open space, parks, streets and other associated residential uses. Residential accessory dwelling units shall not be included for purposes of calculating this average minimum gross density requirement.
d.
Private interior drives.
Private interior drives are permitted only as part of a condominium development under the following conditions:
e.
Height regulations.
No building within the Mixed Residential Area shall exceed 35 feet, or two (2) floors above ground level, whichever is less, exclusive of appurtenances.
f.
Residential elevations.
1.
Generally.
The finished first floor of a dwelling shall be a minimum of 24 inches above the elevation of the curb along the lot frontage.
2.
Exception.
When the requirement in subsection C(5)f(1) above shall result in a slab elevation exceeding 48 inches above grade on any portion of the slab due to topographic conditions, in which event the elevation may be reduced to the minimum amount necessary as to not cause an elevation of the slab that is 48 inches above ground. Notwithstanding the above, variations may be considered for this requirement in order to protect an existing tree. The elevation shall be measured from the location on the curb that is perpendicular to the primary entry of the principal dwelling structure.
g.
Front porch regulations.
1.
Single-family detached residential units, other than those constructed on a lot with a lot width that is equivalent to or less than 35 feet shall comply with the following:
a.
20 percent of the principal dwelling structure shall not be required to comply with any minimum front porch regulations within this section; and
2.
Single-family detached residential units constructed on a lot with a lot width that is equivalent to or less than 35 feet, shall comply with the following:
a.
40 percent of the principal dwelling structure shall not be required to comply with any minimum front porch regulations within this section; and
b.
60 percent of the principal dwelling structure shall be required to include a front porch with 50 square feet and having a minimum depth of six (6) feet.
3.
Single-family attached residential. No requirements.
h.
j.
Screening of above-ground utility facilities and mechanical equipment.
1.
Electrical transformers, air conditioning compressors and other above-ground utility facilities and mechanical equipment (other than fire hydrants) shall be screened from view from public streets.
2.
Screening may consist of fencing, landscaping, or other visual screening.
3.
Landscaping that will, at maturity, screen at least 60 percent of the view of the facility shall be considered adequate screening for the purpose of this section.
k.
Addressing locations.
For all lots located adjacent to an alley, assigned City address numbers shall be permanently affixed to all structures in such positions as to be plainly visible and legible from both the street and alley.
[3]
Editor’s note–Original subsection C(4) was renumbered to C(5) to avoid a duplicate subsection number.
D.
Side yard lots.
The following regulations shall apply to side yard lots:
1.
A structure may be erected adjacent to an interior side lot line; the eaves of a structure may extend across the interior side lot line not more than two (2) feet.
2.
Except for a patio or patio cover, the minimum distance between structures on adjoining lots is 10 feet.
3.
The minimum distance between a patio or patio cover and a structure on an adjoining lot is six (6) feet.
E.
Residential accessory dwellings.
A lot intended for use as a single-family residential dwelling unit may contain both a principal dwelling structure and a residential accessory dwelling unit under the following conditions (applicable to the residential accessory dwelling):
1.
Unit is required to be in the rear yard of the lot.
2.
No more than one (1) unit dwelling per lot.
4.
Maximum floor area: 600 square feet.
6.
All units shall be in compliance with all applicable regulations within the Code of Ordinances, including but not limited to, those dealing with building, plumbing electrical, fire, safety, health, sanitation, and property maintenance.
7.
Utilities.
a.
Utilities provided to the residential accessory dwelling unit shall be submetered from the principal dwelling structure.
b.
Utility assignments for residential accessory dwellings.
Impact fees for both water and wastewater shall be paid and LUEs issued for each residential accessory dwelling unit as required by City Code. Not less than one-half (1/2) of a water LUE and one-half (1/2) of a wastewater LUE shall be required for each residential accessory dwelling. LUEs shall be counted and credited as they are allocated, whether in whole numbers or in fractions thereof.
F.
Residential-scale commercial site development regulations.
The following standards for the Limited Commercial Overlay districts are intended to preserve the residential atmosphere and be consistent with the district.
1.
Dwelling units.
Dwelling units are permitted above or behind a commercial use and are secondary to that commercial use.
4.
Parking regulations.
a.
Off-street parking shall be provided as required by the Code of Ordinances except that designated on-street parking spaces along the frontage of the lot shall count toward the required parking spaces.
b.
Off-street parking for Limited Commercial Overlay uses shall be located in the side yard and/or rear yard.
5.
Sold on site.
Items produced or wares and merchandise handled shall be limited to those sold on the premises.
6.
Operating and delivery hours.
Operating and delivery hours for commercial uses, including private refuse pick-up, shall be limited to the period from 6:00 a.m. to 10:00 p.m.
7.
Limited lodging:
Bed-and-breakfast establishment.
a.
The property owner shall occupy the residence.
b.
A maximum of four (4) guest bedrooms may be provided.
c.
Paying guests shall not stay more than seven (7) consecutive days.
d.
Only overnight guests may be served meals at the establishment, except that luncheons and receptions may be held for attendees of organized social functions and tours.
e.
Each bed-and-breakfast establishment shall provide a minimum of two (2) off-street parking spaces plus one (1) additional space for each guest room shall be provided unless the establishment’s owner can show that adequate off-street parking is available at an adjacent commercial site under common ownership or lease.
f.
Each bed-and-breakfast establishment shall comply with all licensing requirements of the county health department for storage, preparation, and serving of food and beverages.
8.
Limited office.
a.
Only the first story of a principal or ancillary building allows for limited office uses.
b.
No outdoor storage of materials is allowed.
c.
Parking: One (1) assigned parking space for each 300 square feet of commercial usage in the building in addition to the parking requirement for each dwelling (i.e., home office).
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.05, adopted 11/9/17)
§ 11.02.036 Town Center Area 1.
A.
Purpose.
The Town Center Area 1 is intended to:
1.
Serve as the focal point of the district;
2.
Contain retail, commercial, civic, and residential uses to meet the needs of the community;
3.
Create an intensive concentration of retail services, including shops, restaurants, cafes, and entertainment venues;
4.
Create the potential for office and multifamily residential development, all oriented to the public framework of streets and open spaces;
5.
Create a vibrant mixed-use center with a strong pedestrian orientation;
6.
Create open space as an integral component of the area; and
7.
Be pedestrian oriented, including the encouragement of pedestrian movement between the Mixed Residential Area and the Town Center Area 1.
B.
Permitted uses.
The following uses shall be permitted within Town Center Area 1:
2.
Commercial uses. Unless otherwise prohibited, all uses permitted within the GB zoning district are permitted within the Town Center Area 1 labeled as “Mixed-Use.”
3.
Civic uses.
4.
Open space.
a.
Conservation areas;
b.
Outdoor recreational/athletic facilities;
c.
Outdoor swimming pools;
d.
Parks, playgrounds and related amenities;
e.
Streams, lakes, impounded waterways and their drainage ways;
f.
Clubhouses and community centers;
g.
Off-street parking areas; and
h.
Pedestrian and bicycle trails.
5.
Mixed use.
a.
Mixed use is permitted as where shown on the Regulating Plan.
b.
Mixed use does not require any certain combination or mix of permitted uses.
c.
Buildings and structures combining any mix of permitted and conditional uses are allowed, subject to the standards and provisions set forth in the Town Center.
C.
Site development regulations.
1.
Setbacks.
Except as set forth in subsection (C)(2), Residential Buffer Areas, below there shall be no required setbacks in Town Center Area 1.
2.
Residential buffer areas.
Residential buffer areas are intended to provide a transition from single-family detached residential buildings and single-family attached residential buildings to permitted uses in the Town Center Area 1.
a.
Building setbacks.
In a residential buffer area, the minimum buildings setback from residential uses and associated alleys in the Mixed Residential Area for Town Center uses other than townhomes and condominiums shall be 40 feet and the landscape setback shall be 15 feet. See figure 15, Residential Buffer Area.
b.
Landscape setbacks.
In a residential buffer area, a 15-foot landscape buffer area in the Town Center Area is required adjacent to residential uses. That strip of land, the landscape buffer between such residential lot and Town Center parking lots, service drives and loading areas, shall be improved and maintained as follows:
1.
A masonry wall not less than six (6) feet tall and not more than eight (8) feet tall (the “buffer wall”) in the landscape buffer and within an area which is not less than 10 feet and not more than 15 feet from the residential use in the Mixed Residential Area;
2.
Every 40 feet of length of the buffer wall, the landscaped buffer on the Mixed Residential Area side of the buffer wall improved and landscaped with one (1) canopy tree, two (2) ornamental trees, five (5) shrubs, and two (2) vines; and
3.
An irrigation system sufficient to properly water and maintain the trees, hedges, and other plantings in the landscape buffer. These improvements and the setbacks are shown on figure 15, Residential Buffer Area.
4.
The landscape buffer on the Mixed Residential Area side of the buffer wall will be owned by the owner of the applicable property in the Town Center Area 1 but will be maintained by the property owners’ association for the Mixed Residential Area.
5.
The buffer wall will be maintained by the owner of the Town Center Area tract on which the wall is located or, if a property owners’ association is created for the Town Center Area 1, then by such property owners’ association. The property owners’ association for the Mixed Residential Area shall have and is hereby granted an access and landscape easement, and such easement shall be shown on all final subdivision plats for the Town Center Area property.
3.
Balconies.
An unenclosed balcony with a minimum clearance of nine (9) feet above finished grade may extend five (5) feet over a public sidewalk.
4.
Awning or walkway.
An awning or walkway covering with a minimum clearance of eight (8) feet above grade may extend five (5) feet over a public sidewalk.
5.
Secondary residential use.
Residential units are permitted above or behind a commercial use and are secondary to that commercial use.
6.
Automobiles.
Automobiles shall be accommodated in a manner that provides for convenience but does not undermine the integrity of the public environment or the quality of the pedestrian realm.
7.
Alcoholic beverage regulations.
Sale or consumption of alcoholic beverages is permitted within the Town Center Area and is subject only to applicable state statutes. The City Code with respect to the sale or consumption of alcoholic beverages does not apply to the establishment, location, licensing, and/or permitting of bars and cocktail lounges.
8.
Residential elevation.
a.
Elevation shall be measured from the location on the curb that is perpendicular to the primary entry of the principal dwelling structure.
b.
A residential use with street-level living space shall have a finished first-floor elevation of not less than 24 inches above the elevation of the curb along the lot frontage except when such requirement shall result in a slab elevation exceeding 48 inches above grade on any portion of the slab due to topographic conditions, in which event the elevation may be reduced to the minimum amount necessary as to not cause an elevation of the slab that is 48 inches above ground. Notwithstanding the above, variations may be considered for this requirement in order to protect an existing tree.
9.
Location of unsightly equipment.
b.
No areas for outdoor storage, trash collection, or compaction, or other such uses shall be located within 25 feet of any public street, public sidewalk, residential use, or internal pedestrian pathway. This requirement does not apply to a statutorily required accessible ADA route servicing the trash collection area.
10.
Buildings.
Multi-level mixed use buildings will be a feature of the Town Center Area 1. This area is envisioned as a vibrant mixed-use center with a strong pedestrian orientation. All buildings and structures in the Town Center Area 1 shall comply with the following standards:
a.
Uses.
Town Center uses shall include public places, public-oriented activities, amenities, and treatments on the ground floor, including shops, cafes, offices, or other such uses that promote a positive pedestrian environment.
b.
Facades.
1.
Facade walls.
Front facade walls and side facade walls must incorporate all of the following design elements. Rear facade walls must incorporate at least two (2) of the following design elements. The cumulative length of these design elements must extend for at least 75 percent of the facade wall’s horizontal length.
2.
Facade wall changes.
Facade walls must have one (1) or more of the following changes:
a.
Changes of color, texture, or material, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.
b.
Changes in plane with a depth of at least 24 inches, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.
3.
Facade materials and colors.
a.
No more than 80 percent of the area of a facade wall, exclusive of fenestration, may have a single material color.
b.
The following material may only be used as an accent material: smooth-faced concrete block that is non-tinted or non-burnished; tilt-up concrete panels that are unadorned or untextured; and prefabricated steel panels.
4.
Front facade orientation.
The front facade shall not be oriented to face directly toward a parking lot.
5.
Front facade openings.
A minimum of 30 percent of the front facade on the ground floor of commercial buildings shall consist of window or door openings, allowing views into and out of the interior of the building.
c.
Primary entrance design elements.
In order to make the primary entrance architecturally prominent and clearly visible from the abutting street, at least three (3) of the following design elements are required at the primary entrance:
1.
Architectural details such, but not limited to, arches, friezes, tilt work, murals, or moldings.
2.
Integral planters or wing walls that incorporate landscaping or seating.
3.
Enhanced exterior lighting fixtures such as wall sconces, light coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.
4.
Prominent three-dimensional features such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets.
5.
A repeating pattern of pilasters projecting from the facade wall by a minimum of eight (8) inches or architectural or decorative columns.
d.
Roofs.
1.
Roof-mounted mechanical equipment, skylights, and solar panels must be screened or set back so that they are not visible from a point five (5) feet and six (6) inches above grade at the property line.
2.
Screening materials must match the materials and colors used on the main building.
3.
Chain-link fence may not be used as a screening material.
e.
No residential at street level for retail.
For areas designated as commercial space on the Regulating Plan in the Town Center Area 1, residential use is not permitted on the street.
11.
Retail frontage street buildings.
In addition to the other requirements of subsection (C)(10) above, buildings along the retail frontage street shall:
a.
Include retail, restaurant and entertainment uses that are permitted and preferred along the retail frontage street designated on the Regulating Plan.
b.
Include ground-level retail, hotel, restaurant, entertainment, and other commercial and public-oriented uses that generate pedestrian activity;
c.
Include storefronts that are predominantly transparent (minimum 30 percent) of ground-level facade in glass windows and entries at frequent intervals (no greater than 50 feet along the building frontage);
d.
Incorporate adequate provisions for shade and pedestrian shelter;
e.
Provide direct access to pedestrian passage and to convenient surface and/or structured parking which shall be located away from the predominant public view along this frontage;
f.
Be designed with continuous storefronts (within the developable areas of the retail frontage street), exclusive of streets, pedestrian access, and other public gathering places; and
g.
Hotels shall be permitted along the retail frontage street provided that there are no rooms intended for lodging and no meeting rooms located on the street frontage on retail frontage street.
12.
Height.
All buildings and structures in the Town Center Area 1 shall have the following height regulations:
a.
Minimum height:
Two (2) floors or 24 feet.
b.
Maximum height:
1.
General requirement.
Five (5) floors or 75 feet, whichever is less.
2.
Exception to general requirement.
In order to promote variation and hierarchy, taller buildings may be permitted if it is demonstrated to the Planning and Zoning Commission that buildings with such additional height (e.g., hotels):
a.
Reinforce the form and structure of the Town Center, by creating visual gateways, termini, focal points, etc.;
b.
Provide a harmonious scale transition to adjacent development;
c.
Are sufficiently spaced from other taller buildings to remain the exception rather than the rule;
d.
Do not exceed a floorplate of 25,000 gross square feet above the fifth floor; and
e.
Are treated in a way that will promote a unique architectural identity that is in scale with the community (e.g., articulation of building base and middle with distinctive roof silhouette).
13.
Roof regulations.
a.
Design elements.
1.
Parapets.
a.
Parapets with horizontal tops having height changes of at least one (1) foot occurring horizontally no less than every 100 feet.
b.
Parapets that do not have horizontal tops must have pitched or rounded tops with a pattern that repeats or varies no less than every 100 feet.
c.
All parapets must have detailing such as cornices, moldings, trim, or variations in brick coursing.
c.
Roof penetrations and rooftop mechanical systems shall be screened or set back from view at street level.
14.
Designated service areas.
Designated loading and service areas shall not be permitted along the retail frontage street or within 25 feet of residential properties or associated alleys in the Mixed Residential Area.
15.
Residential minimum and optimum densities.
A minimum density of 20 dwelling units per acre and an optimum density of 40 dwelling units per acre should be pursued for lots developed for residential use only within the Town Center.
16.
Street trees.
17.
Sidewalks.
Sidewalks along the retail frontage street and other primary circulation routes within the Town Center Area 1 shall have a minimum width of 12 feet, except that the waivers may be granted by the commission for a reduction to a minimum of 8 feet when it is determined that certain conditions would make such reduction appropriate for the design of the project.
18.
Development to a human scale.
Site features including, but not limited to, environmental graphics, lighting, public art and amenities, public and private gathering areas, building facades and landscaping that are located along the retail frontage street and other pedestrian-oriented areas shall be designed to a human scale.
19.
Design integration.
A site development applicant shall demonstrate to the Administrator how the design of a proposed development can be integrated with the remainder of the area in compliance with this Town Center Code. The commission shall have the authority to determine compliance with such standards.
E.
Lighting.
Town Center buildings rear yard development standards. The following standards shall apply to the rear facades and rear yards of Town Center Buildings: Average illumination for parking and loading areas in the rear yard must be a minimum of 0.5 footcandle and a maximum of 4.0 footcandles. Posts for parking lot lights must not exceed 18 feet in height. Only metal halide lights are permitted, unless otherwise approved by the Administrator. All outdoor lighting fixtures shall be fully shielded light fixtures. All light fixtures shall be located, aimed, and/or shielded so as to prevent stray light from trespassing across property boundaries. The use of laser source light of any similar high-intensity light, including searchlights, is prohibited.
G.
Parking regulations.
1.
Required parking.
The required parking for a use may be located anywhere in the Town Center Area 1. Community parking facilities are encouraged.
2.
Shared parking and adjacent on-street parking.
Any shared parking or adjacent on-street parking may apply toward the minimum parking requirements.
3.
Surface parking lots.
Surface parking lots are permitted provided the lots:
4.
Parking structures.
Parking structures shall:
a.
Be provided in general compliance with the Regulating Plan in order to provide for the intended density and mixture of uses shown;
b.
To the greatest extent possible, be encapsulated within or below buildings in a manner that conceals it from predominant public view;
c.
Not interrupt the continuity of the pedestrian environment;
d.
Not be situated along the retail frontage street;
e.
Be positioned to encourage maximum shared use;
f.
To the maximum extent practicable, incorporate active ground-level uses when frontage on streets other than 183A Toll Road;
g.
Not be built to have sloping floor elevations occur adjacent to public streets;
h.
Have entryways and stairways be well lit and visible; and
i.
Whenever feasible, not front on a public street. The exception shall be along 183A Toll Road.
5.
Alleys.
Parking in alleys is prohibited.
6.
Bicycle parking.
Convenient bicycle parking shall be provided for employees and customers.
H.
Electrical and communications infrastructure.
I.
Retention pond.
1.
Requirement.
A retention pond shall be required to be installed with approximately the same size and in the same approximate location as shown on the Regulating Plan (parcel #2 and parcel #14).
2.
Slope conditions.
Slope conditions adjacent to the pond are required to be not greater than 5:1 in order to promote a pedestrian friendly environment.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.06, adopted 11/9/17)
§ 11.02.037 Town Center Area 2.
A.
Permitted uses.
The following uses shall be permitted within Town Center Area 2:
1.
Commercial uses. Unless otherwise prohibited, all uses permitted within the general Business (GB) district are permitted within Town Center Area 2.
2.
Civic uses.
3.
Open spaces.
a.
Conservation areas;
b.
Outdoor recreational/athletic facilities;
c.
Outdoor swimming pools;
d.
Parks, playgrounds, and related amenities;
e.
Streams, lakes, impounded waterways, and their drainage ways;
f.
Clubhouses and community centers;
g.
Off-street parking areas; and
h.
Pedestrian and bicycle trails.
B.
Site development regulations.
The Code of Ordinances and all other site development standards and requirements of the City apply to and govern Town Center Area 2.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.07, adopted 11/9/17)
§ 11.02.038 Neighborhood Commercial Area.
A.
Purposes.
The Neighborhood Commercial Area is designed to:
1.
Contain retail, commercial, civic, and limited residential uses to meet the needs of community residents;
2.
Include a concentration of retail services, including shops, restaurants, cafes, and restaurant venues;
3.
Attract office and multifamily residential development all oriented to the public framework of streets and open spaces;
4.
Be pedestrian-oriented to encourage pedestrian movement between the Mixed Residential Area and the Neighborhood Commercial Area; and
5.
Create usable open space to be an integral component of the area.
B.
Permitted uses.
The following uses shall be permitted within the Neighborhood Commercial Area:
2.
Commercial uses.
a.
Unless otherwise prohibited, all uses permitted within a General Business (GB), Neighborhood Business (NB), Local Business (LB), or Multifamily (MF) zoning district are permitted within the Neighborhood Commercial Area;
b.
Indoor kennels;
c.
Car washes; and
d.
Drive-through commercial uses.
e.
A minimum of 40 percent of the building square footage in the Neighborhood Commercial Area shall be comprised of retail, personal services, and/or restaurant uses.
3.
Civic uses.
4.
Open space.
C.
Site development regulations.
1.
Setbacks.
Except as set forth in subsection (C)(2), Residential Buffer Areas, below there shall be no required minimum setbacks within the Neighborhood Commercial Area.
2.
Residential buffer areas.
Notwithstanding the above, a 25-foot landscaped area and building setback line shall be required for property in the Neighborhood Commercial Area that abuts Discovery Boulevard, New Hope Drive, and/or 183A Toll Road, and in any residential buffer area.
3.
Mixed use.
Residential units are permitted above or behind a commercial use and are secondary to that commercial use.
4.
Automobiles.
Automobiles shall be accommodated in a manner that provides for convenience but does not undermine the integrity of the public environment or the quality of the pedestrian realm.
5.
Alcohol.
Sale or consumption of alcoholic beverages is permitted only within areas set forth in and subject to the provisions of this Chapter 11, the Code of Ordinances, and applicable state statutes.
6.
Residential elevations.
A residential use with street-level living space shall have a finished first-floor elevation not less than 24 inches above the elevation of the curb along the lot frontage except when such requirement shall result in a slab elevation exceeding 48 inches above grade on any portion of the slab due to topographic conditions, in which event the elevation may be reduced to the minimum amount necessary as to not cause an elevation of the slab that is 48 inches above ground. Notwithstanding the above, variations may be considered for this requirement in order to protect an existing tree. The elevation shall be measured from the location on the curb that is perpendicular to the primary entry of the principal dwelling structure.
8.
Facades.
a.
All sides of a building that are visible from a public street, public gathering area or green shall be compatible with or equivalent to the architectural features, materials and the articulation of the front facade of the building.
b.
A minimum of 30 percent of the front facade on the ground floor of commercial buildings shall consist of window or door openings, allowing views into and out of the interior of the building.
9.
Height.
a.
The maximum height of Neighborhood Commercial Area buildings shall be the lesser of three (3) stories or 40 feet in height; provided, however, the maximum height of any portion of a neighborhood center area building in a residential buffer area shall be 18 feet.
b.
The height of Neighborhood Commercial Area buildings shall provide a harmonious scale transition to adjacent development and shall be treated in such a way that will promote a unique architectural identity that is in scale with the community (e.g., articulation of building base and middle with distinctive roof silhouette).
10.
Roof regulations.
a.
Pitched roofs may be clad in painted or galvanized metal, clay or concrete tile.
b.
Flat roofs may be made of built-up roofing or a membrane roofing system.
c.
Principal pitched roofs shall be symmetrical gable, hip, or barrel vault with a pitch no less than 5:12. Porch and stoop roofs may be 2:12 minimum pitch.
d.
Roof penetrations and rooftop mechanical systems shall be screened or set back from view at street level.
12.
Landscape standards.
The Neighborhood Commercial Area shall comply with all landscaping ordinances pursuant to the Code of Ordinances.
13.
Tree preservation.
The layout of the Neighborhood Commercial Area shall be designed in such a manner as to maximize preservation of existing trees on the site. Additionally, the existing tree clusters shall:
E.
Parking regulations.
All parking requirements shall be in accordance with current Code of Ordinances, with the following exceptions:
1.
Required parking.
The required parking for a use may be located anywhere in the Neighborhood Commercial Area. Community parking facilities are encouraged.
2.
Shared parking and adjacent on-street parking.
Any shared parking or adjacent on-street parking may apply toward the minimum parking requirements.
3.
Alleys.
Parking in alleys is prohibited.
4.
Bicycle parking.
Convenient bicycle parking shall be provided for employees and customers in accordance with the existing provisions required for a (GB) General Business zoning district.
F.
Access to Mixed Residential Area.
Public access between the Mixed Residential Area and the Neighborhood Commercial Area shall be incorporated into the site design of the Neighborhood Commercial Area.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.08, adopted 11/9/17)
§ 11.02.039 Restrictive covenants.
A.
Filing required.
Conditions, covenants, and restrictions for the Mixed Residential Area, the Town Center Area 1, the Town Center Area 2, and the Neighborhood Commercial Area shall be filed in the county real property records before a:
B.
Requirements for proper filing.
The conditions, covenants, and restrictions shall:
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.09, adopted 11/9/17)
§ 11.02.040 Development procedures.
A.
Generally.
Preliminary plans and final plats will follow the same procedures as conventional projects, but the City will expedite review of such.
B.
Regulating Plan.
The Regulating Plan, which also constitutes the concept plan:
1.
Includes the Mixed Residential Area, the Town Center Area 1, the Town Center Area 2, and the Neighborhood Commercial Area on one (1) plan which also constitutes the concept plan.
2.
Reflects a general projection of land uses to be representative of the mixture of land uses, their locations and their approximate intensities.
3.
Shall contain the following general information:
a.
Location and sizes of the Mixed Residential Area, the Town Center Area 1, the Town Center Area 2, and the Neighborhood Commercial Area;
b.
A general description of land use categories and intensities;
c.
Locations of civic uses;
d.
Location and size of Limited Commercial Overlay areas in the Mixed Residential Area;
e.
General layout of the major transportation network, including street types in accordance with this Town Center Code;
f.
Approximate locations and sizes of private open space and public open space;
g.
General locations of retention ponds;
h.
Location of the retail frontage street within the Town Center Area 1; and
i.
General locations of traffic calming measures.
C.
Site development and subdivision review.
1.
Conceptual design review.
The approval process for conceptual design review shall include review of the following:
a.
A bubble plan for the site; and
b.
Comprehensive design elements of the structures and site, including, but not limited to the following:
1.
Elevations;
2.
Building materials;
3.
Fenestration;
4.
Environmental graphics;
5.
Public art;
6.
Public amenities;
7.
Landscaping and tree preservation;
8.
Streetscape amenities (including the ratio of building height to width of the street);
9.
Relationship to adjacent uses; and
10.
Vertical integration of uses.
2.
Site plan review.
A site plan review will be required for the Town Center Area 1, the Town Center Area 2, and the Neighborhood Commercial Area.
3.
Consolidated review.
Subdivision and site plan review of the Town Center Area 1 and the Neighborhood Commercial Area shall be a consolidated review process.
a.
Subdivision review and approval shall occur concurrently with site plan review and approval.
b.
Additional and/or revised zoning standards may be considered by the City Council prior to site plan and subdivision approval.
c.
Replatting is permitted subsequent to such approvals if in compliance with the ordinance and the approved site plan.
D.
Revisions to the Town Center Code.
1.
Minor revisions.
The Administrator may approve minor revisions to the Town Center Code if the Administrator determines that there are no adverse effects to:
a.
Areas that are part of a final plat; or
b.
The overall intent of the Town Center Code.
c.
The following shall be considered as minor revisions:
1.
The size or configuration of a Town Center Area, Town Center Area 2, Neighborhood Commercial Area or Mixed Residential Area may be revised if the Administrator determines that the basic layout of the district remains the same and the Regulating Plan functions as well as before the revision.
2.
Land uses and land use intensities designated on the Regulating Plan may be revised so long as the basic layout of the district remains the same and the Regulating Plan functions as well as before the revision.
3.
The location or size of a civic use may be revised if the Administrator determines that the revised location or size is appropriate.
4.
The location of a commercial use in a Mixed Residential Area may be revised if the Administrator determines that the revised location is appropriate.
5.
The location of public open space, including parkland dedication, may be revised if the Administrator determines that the revised location is appropriate.
6.
The locations of major utility facilities and easements may be revised if the Administrator determines the revised locations are more functional or appropriate.
7.
The location, classification and frontage type of streets may be modified if such modifications are deemed to be appropriate by the Administrator.
8.
Other adjustments to the Regulating Plan that the Administrator deems a minor revision.
9.
Allowing front-loaded single-family attached residential and single-family detached residential (that is, not requiring an alley) within reasonable criteria which address density, adequate on-site parking, and site engineering considerations.
10.
Minor changes which do not substantially change the Town Center Code or the Regulating Plan, may be approved administratively, if approved in writing, by the Administrator.
2.
Major revisions.
Any major revision or change to the Town Center Code and/or the Regulating Plan which is not categorized as a “minor revision” above or otherwise deemed a “minor revision” by the Administrator shall be approved following the City’s procedure for a zoning change. Adding land area to the district is considered a major revision.
3.
Notice.
Any required notification of surrounding property owners for major revisions to the Regulating Plan and/or the Town Center Code shall be limited to notification of property owners within 200 feet of the boundaries of the specific lot or parcel that is subject to the revision and shall not apply to the district or area as a whole. No notification shall be required for minor revisions to either the Town Center Code or the Regulating Plan.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.10, adopted 11/9/17)
§ 11.02.041 Definitions.
For the purposes of this Town Center Code (Town Center), the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this division 2, Town Center Code.
A building, or portion thereof, which is designed or occupied as the home or residence of more than two (2) households living independently of each other and doing their own cooking in the building, and includes flats and other multifamily dwellings.
Area may refer to the Town Center Area, Town Center Area 2, Neighborhood Commercial Area, or the Mixed Residential Area.
Places associated with artistic endeavors such as but not limited to a painter’s studio and sculptor’s gallery. Artistic endeavors are limited to those uses that do not emanate excessive noise; noxious fumes; or vibrations.
Small-scale shops with less than 2,500 square feet of gross floor area such as an antique store or art gallery.
The use of a parcel of land for one (1) or more of the following purposes:
Administrative and business offices used by a governmental entity;
Park and recreation services;
College and university;
Cultural services;
Postal facility usage;
Private and public primary and secondary educational uses;
Public assembly use;
Safety and medical services; and
Transportation terminal uses.
Grocery or specialty food store with no more than 2,500 square feet of gross floor area.
An agreement by and between the City of Cedar Park and V-S Cedar Park, Ltd., dated December 20, 2001, as amended by the First Amendments to Development Agreement, executed by and among the City, VSCP, and Continental Homes of Texas, L.P. (“Continental”), dated May 15, 2003, and as further amended by the Second Amendment to Development Agreement executed by and among the City, VSCP, and Continental executed concurrently with or pursuant to the adoption of this Town Center Code.
Signage and graphics used in an exterior setting for identifying uses, providing direction and information and for decorative purposes, including banners and flags, and whether for temporary or permanent display.
Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building that encloses usable space. Where separate faces are oriented in the same direction, or in a direction within 45 degrees of one another, they are considered as part of a single facade wall.
The side of the building that provides the primary entrance into the building.
The facade wall containing the primary entrance to the building. If two (2) or more facade walls have entrances of equal significance, each facade wall will be considered a “front facade wall.”
Office with home owner as the sole business proprietor with no employees.
Areas within the Mixed Residential Area, which are designated on the Regulating Plan, that allows for development of (or for conversion at a later time of existing residential uses), limited lodging, limited office, and/or limited commercial use, as defined in this Town Center Code.
Retail use including small cafes and coffee shops with no more than 2,500 square feet of gross floor area.
Buildings for short-term human habitation including bed-and-breakfast lodging establishments or guest cottages that are also owner-occupied.
Vinyl, painted wood, and wrought iron.
Any use of a lot or tracts of land for more than one (1) permitted use.
Any use of lots or tracts of land on which three (3) or more dwelling units are built within one (1) building.
Video rental stores, pharmacy, or clothes cleaning agency with no more than 2,500 square feet of gross floor area.
A parcel or parcels of land or an area of water, or a combination of land and water, which may include floodplain and wetland areas, within a development area and intended for the use and enjoyment of residents of the development area and, where designated, the community at large.
A fence designed to enclose a private yard, which abuts a park, green or alley. The required features of this fence include the ability to see through the fence (a minimum of 40 percent of the fence surface area shall be open) and construction of low maintenance materials. Low maintenance materials include vinyl, painted wood or wrought iron.
An open area, including improvements, which is dedicated to the City pursuant to this Town Center Code or Code of Ordinances, as applicable to meet City parkland dedication requirements.
A generalized land unit of the Town Center, which is graphically portrayed on the Regulating Plan and is designated with a land use and intensity of use. A parcel may or may not be further subdivided during the subdivision process into lots and streets.
A plaza is an open area adjacent to, or part of, a civic building or facility. Plazas function as gathering places and may incorporate a variety of temporary activities such as vendors and display stands. Landscaping for a plaza contains durable pavement and includes formal tree plantings.
An organization made up of the property owners in the area, which is responsible for maintenance of private streets, alleys, and the open spaces not conveyed to the City, and which shall have the authority to make and collect assessments sufficient to operate and maintain private streets, alleys and open spaces.
The facade wall containing service areas.
The general development plan for adoption of zoning and concept plan for the Cedar Park Town Center.
An additional dwelling unit located:
A portion of either the Town Center Area 1 or the Neighborhood Commercial Area which abuts or adjoins:
The public street within the Town Center Area 1 designated on the Regulating Plan on which retail, restaurant, hotel, entertainment, and other commercial uses promoting public interaction and pedestrian activity are the intended uses.
Any facade wall that is not a front facade wall or a rear facade wall.
The use of a lot for one (1) dwelling unit with no common or abutting walls with another dwelling unit.
Office where there is no more than two (2) employees.
Temporary buildings used for uses incidental to construction work on the premises which shall be:
Temporary office buildings used as a sales office for the development of a new subdivision or for construction purposes established and operated within a subdivision or a construction site.
A single-family attached residential dwelling, located on its own separate lot, having a common wall with or abutting one (1) or more adjoining dwelling units in a townhouse group.
Two (2) or more contiguous townhouses within a contiguous development.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.02.11, adopted 11/9/17)
§ 11.02.061 Generally.
The tables in this division describe which land uses are a permitted use, conditional use, special use, and prohibited use, as defined below.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.03.01, adopted 11/9/17)
§ 11.02.062 Legend.
A.
Using the tables.
The tables in this section list the applicable land uses in rows, organized by general land use category. The zoning districts are arranged in columns. Where rows and columns intersect, a letter indicates if the use is permitted, conditional, special, or prohibited in the district, as stated below.
B.
Symbols.
All the tables in this section use the following symbols:
1.
“P” means that the land use is permitted by right in the specified zoning district.
2.
“C” means that the land use is a conditional use, which is permitted, subject to the applicable conditional use standards provided in Article 11.02, division 4, Conditional and Special Uses.
3.
“S” means that the use is allowed only as a special use, which may be approved only after a public hearing and consideration by the Planning and Zoning Commission and a subsequent public hearing and determination by the City Council, and are subject to:
4.
“–” means that the use is a prohibited use in the specified zoning district.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.03.02, adopted 11/9/17)
§ 11.02.063 Residential uses by zoning district.
Table 11.02.063. Residential Uses by Zoning District | |||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Land Use | Standards Reference | Zoning Districts | |||||||||||||||||||
Interim/Residential | Nonresidential | Mixed Use Districts | Overlay District | ||||||||||||||||||
DR | ES | SR | SU | UR | MF | NB | LB | GB | PO | HC | LI | HI | H | PS | OG | OR | MU | PA | EC | ||
Legend: P = Permitted; C = Conditional; S = Special Use; — = Prohibited | |||||||||||||||||||||
Accessory dwelling unit | § 11.02.092 (1) | C | C | C | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Apartment | § 11.02.092 (8) | - | - | - | - | - | C | - | - | - | - | - | - | - | - | - | - | - | P | P | P |
Bed-and-breakfast facility | § 11.02.092 (12) | C | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | C | C | C |
Community garden | § 11.02.092 (16) | C | C | C | C | C | C | - | - | - | - | - | - | - | - | C | C | C | C | C | - |
Community home | § 11.02.092 (17) | C | C | C | C | C | C | - | - | - | - | - | - | - | - | - | - | - | C | C | - |
Dwelling, duplex | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Dwelling, single-family | P | P | P | P | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Family home | § 11.02.092 (25) | C | C | C | C | C | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - |
Home occupation | § 11.02.092 (30) | C | C | C | C | C | C | - | - | - | - | - | - | - | - | - | - | - | C | C | C |
Industrialized home | § 11.02.092 (33) | C | - | C | C | C | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - |
Manufactured home | § 11.02.092 (34) | C | - | C | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - |
Mobile home | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Townhome | § 11.02.092 (48) | - | - | - | - | C | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - |
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.03.03, adopted 11/9/17; Ordinance CO06-21-01-14-E1 adopted 1/14/21)
§ 11.02.064 Nonresidential uses by zoning district.
Table 11.02.064. Nonresidential Uses by Zoning District | |||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Land Use | Standards Reference | Zoning Districts | |||||||||||||||||||
Interim/Residential | Nonresidential | Mixed Use Districts | Overlay District | ||||||||||||||||||
DR | ES | SR | SU | UR | MF | NB | LB | GB | PO | HC | LI | HI | H | PS | OG | OR | MU | PA | EC | ||
Legend: P = Permitted; C = Conditional; S = Special Use; — = Prohibited | |||||||||||||||||||||
Adult day care | § 11.02.092 (2) | - | - | - | - | - | - | C | C | C | - | - | - | - | C | C | - | - | - | - | - |
Agricultural support service | P | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | |
Airport | - | - | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | |
Alcoholic beverage establishment | § 11.02.092 (3) | - | - | - | - | - | - | - | C | C | C | C | C | C | - | - | - | - | C | C | C |
Alcoholic beverage sales, off-site consumption | § 11.02.092 (4) | - | - | - | - | - | - | - | C | C | - | C | - | - | - | - | - | - | C | C | C |
Amenity center | P | P | P | P | P | P | - | - | - | - | - | - | - | - | - | - | - | P | P | - | |
Animal grooming | § 11.02.092 (5) | - | - | - | - | - | - | C | C | P | - | P | P | P | - | - | - | - | C | C | - |
Animal veterinary service, large animal | § 11.02.092 (6) | - | - | - | - | - | - | - | - | - | - | - | C | C | - | - | - | - | - | - | - |
Animal veterinary service, small animal | § 11.02.092 (7) | - | - | - | - | - | - | - | C | P | - | P | P | P | - | - | - | - | S | - | - |
Apiary | P | - | - | - | - | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | |
Archery range | - | - | - | - | - | - | - | - | - | - | - | - | P | - | P | - | P | - | - | - | |
Art studio, gallery | - | - | - | - | - | - | P | P | P | P | P | - | - | - | - | - | - | P | P | P | |
Assisted living, congregate or respite care | - | - | - | - | - | S | - | - | - | - | - | - | - | P | - | - | - | S | - | - | |
Automobile, major repair and service | - | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | |
Automobile, minor service | § 11.02.092 (9) | - | - | - | - | - | - | - | - | C | - | P | - | - | - | - | - | - | - | - | - |
Automobile, rental | § 11.02.092 (10) | - | - | - | - | - | - | - | - | C | - | P | - | - | - | - | - | - | - | - | - |
Automobile, sales | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - | - | - | |
Bank, credit union, and financial institution | § 11.02.092 (11) | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | C | C | - |
Broadcasting center | § 11.02.092 (13) | - | - | - | - | - | - | - | - | - | - | P | P | P | - | P | - | C | - | - | - |
Bus or taxi depot/ transit station | - | - | - | - | - | - | - | - | - | - | P | - | P | - | P | - | - | - | - | - | |
Caretaker or guard residence | § 11.02.092 (14) | - | - | - | - | - | - | - | - | - | - | C | C | C | - | - | - | - | - | - | - |
Car wash | § 11.02.092 (15) | - | - | - | - | - | - | - | - | S | - | S | - | - | - | - | - | - | - | - | - |
Cemetery/columbarium | - | - | - | - | - | - | - | - | - | - | - | - | - | - | P | - | - | - | - | - | |
Civic club | - | - | - | - | - | - | P | P | P | P | P | - | - | - | - | - | - | P | P | - | |
College, university or vocational school | - | - | - | - | - | - | - | P | P | P | P | P | P | P | P | - | - | P | P | - | |
Commercial parking lot | - | - | - | - | - | - | - | - | S | - | S | - | - | - | - | - | - | S | - | - | |
Commissary | - | - | - | - | - | - | - | - | P | - | P | P | - | - | - | - | - | - | - | - | |
Concrete, mortar, and asphalt batching operations, permanent | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Construction sales and services | § 11.02.092 (18) | - | - | - | - | - | - | - | - | - | - | C | C | P | - | - | - | - | - | - | - |
Contractor’s shop/storage yard | - | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | |
Craft brewing/distillery/winery production with on-premise consumption | § 11.02.092 (19) | C | C | C | C | C | C | ||||||||||||||
Credit access business | § 11.02.092 (20) | - | - | - | - | - | - | - | - | - | - | C | - | - | - | - | - | - | - | - | - |
Crematory | - | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | |
Data center | - | - | - | - | - | - | - | - | P | P | P | P | P | - | - | - | - | - | P | - | |
Day-care center | § 11.02.092 (21) | - | - | - | - | - | - | S | S | S | - | - | - | - | S | S | - | - | S | S | - |
Day-care center, incidental | § 11.02.092 (22) | - | - | - | - | - | - | C | C | C | C | C | C | C | C | C | - | C | C | C | C |
Drug store | § 11.02.092 (23) | - | - | - | - | - | - | C | C | P | P | - | - | - | P | - | - | - | C | C | - |
Event center | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - | - | S | S | - | |
Extraction (gas, gravel, minerals, oil, or sand) | § 11.02.092 (24) | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - |
Farm/ranch | P | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Flea market | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Food processing | § 11.02.092 (26) | - | - | - | - | - | - | - | - | - | - | C | C | C | - | - | - | - | - | - | - |
Fortune teller/psychic | § 11.02.092 (27) | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - | - | - |
Funeral home or mortuary | - | - | - | - | - | - | - | - | P | - | P | - | - | - | - | - | - | - | - | - | |
Gasoline service station | § 11.02.092 (28) | - | - | - | - | - | - | - | - | S | - | S | - | - | - | - | - | - | - | - | - |
Government facility (outdoor operations) | - | - | - | - | - | - | - | - | - | - | - | - | - | - | P | P | P | - | P | - | |
Government office | - | - | - | - | - | - | P | P | P | P | P | P | P | P | P | - | P | P | P | P | |
Grocery | § 11.02.092 (29) | - | - | - | - | - | - | C | C | P | - | P | - | - | - | - | - | - | C | C | C |
Gym | - | - | - | - | - | - | P | P | P | P | P | P | - | P | P | - | P | P | P | - | |
Head shop | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Heavy industry | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Heliport (accessory) | - | - | - | - | - | - | - | - | - | - | - | - | - | P | P | - | - | - | P | - | |
Hospital services | § 11.02.092 (31) | - | - | - | - | - | - | - | - | - | - | - | - | - | C | - | - | - | - | - | - |
Hotel | § 11.02.092 (32) | - | - | - | - | - | - | - | - | C | - | - | - | - | - | - | - | - | C | C | C |
Indoor arena or theater | - | - | - | - | - | - | - | - | P | - | P | - | - | - | P | - | P | P | P | P | |
Indoor commercial amusement | - | - | - | - | - | - | - | P | P | - | P | - | - | - | - | - | - | P | P | P | |
Kennel | - | - | - | - | - | - | - | - | S | - | P | P | P | - | - | - | - | - | - | - | |
Landfill (disposal) | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Laundromat | - | - | - | - | - | - | - | P | P | - | P | P | - | - | - | - | - | P | P | - | |
Lumberyard, wholesale | - | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | |
Manufactured home sales | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Manufacturing and fabrication, general | - | - | - | - | - | - | - | - | - | - | - | S | P | - | - | - | - | - | - | - | |
Manufacturing and fabrication, light | - | - | - | - | - | - | - | - | - | - | - | P | P | - | - | - | - | - | - | - | |
Massage, unlicensed | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Medical clinic | - | - | - | - | - | - | - | P | P | P | - | - | - | P | - | - | - | - | - | - | |
Medical office | - | - | - | - | - | - | P | P | P | P | P | - | - | P | - | - | - | P | P | - | |
Mobile food establishment court | - | - | - | - | - | - | - | S | S | - | - | - | - | - | - | - | - | S | S | - | |
Museum | - | - | - | - | - | - | - | P | P | P | P | - | - | - | - | - | - | P | P | P | |
Non-emergency transport service | - | - | - | - | - | - | - | P | P | - | - | - | - | - | - | - | - | - | - | - | |
Nursery/greenhouse, retail | § 11.02.092 (35) | - | - | - | - | - | - | - | - | C | - | P | P | - | - | - | - | - | - | - | - |
Nursery/greenhouse, wholesale | - | - | - | - | - | - | - | - | - | - | P | P | P | - | - | - | - | - | - | - | |
Nursing or convalescent home | - | - | - | - | - | S | - | - | - | - | - | - | - | P | - | - | - | S | - | - | |
Office, general | - | - | - | - | - | - | P | P | P | P | P | P | P | P | P | - | - | P | P | - | |
Office/showroom/warehouse | - | - | - | - | - | - | - | - | P | - | P | P | P | - | - | - | - | - | - | - | |
Outdoor arena, stadium or amphitheater | § 11.02.092 (36) | - | - | - | - | - | - | - | - | S | - | S | S | - | - | P | - | P | S | S | P |
Outdoor commercial amusement, major | § 11.02.092 (37) | - | - | - | - | - | - | - | - | S | - | S | S | - | - | - | - | - | S | S | P |
Outdoor commercial amusement, minor | - | - | - | - | - | - | - | - | S | - | S | S | - | - | - | - | - | S | S | P | |
Outdoor recreation (athletic fields/facilities) | § 11.02.092 (38) | C | C | C | C | C | C | - | - | - | - | - | - | - | - | P | - | P | C | C | P |
Outdoor recreation (park, playground) | P | P | P | P | P | P | - | - | - | - | - | - | - | - | P | P | P | P | P | P | |
Outdoor storage/sales or display (primary use) | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Paintball course | § 11.02.092 (39) | - | - | - | - | - | - | - | - | - | - | C | C | C | - | C | - | C | - | - | - |
Parking garage (primary use) | - | - | - | - | - | - | - | - | - | - | - | - | - | - | P | - | - | P | P | P | |
Pawnshop | - | - | - | - | - | - | - | - | - | - | - | - | P | - | - | - | - | - | - | - | |
Personal services | - | - | - | - | - | - | P | P | P | P | P | - | - | P | - | - | - | P | P | - | |
Place of religious assembly | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | - | P | P | P | P | |
Power or solid waste energy recovery plant | - | - | - | - | - | - | - | - | - | - | - | - | - | - | P | - | - | - | - | - | |
Print shop | § 11.02.092 (40) | - | - | - | - | - | - | C | P | P | - | P | - | - | - | - | - | - | - | - | - |
Private school (grades K–12) | - | S | S | S | S | S | S | S | S | S | S | S | S | S | S | - | - | S | S | - | |
Public school (grades K–12) | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | - | |
Recreational vehicle park | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | |
Recreational vehicle sales and service | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Recycling processing and collection | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Research, testing lab, or product development | § 11.02.092 (41) | - | - | - | - | - | - | - | - | C | C | C | P | P | P | - | - | - | - | C | - |
Restaurant, dine-in only | § 11.02.092 (42) | - | - | - | - | - | - | C | C | C | C | C | - | - | C | - | - | - | C | C | C |
Restaurant, drive-in or drive-through | § 11.02.092 (43) | - | - | - | - | - | - | - | C | C | - | C | - | - | - | - | - | - | S | S | - |
Retail sales | § 11.02.092 (44) | - | - | - | - | - | - | C | C | C | - | C | - | - | - | - | - | - | C | C | C |
Salvage facility and yard | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | - | |
Self-storage facility | § 11.02.092 (45) | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - | - | - |
Sexually oriented business | § 11.02.092 (46) | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - |
Sport shooting range | - | - | - | - | - | - | - | - | - | - | S | S | S | - | S | - | - | - | - | - | |
Stone cutting | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - | |
Tattoo parlor/body piercing studio | § 11.02.092 (47) | - | - | - | - | - | - | - | - | S | - | S | S | - | - | - | - | - | - | - | - |
Transportation terminal | § 11.02.092 (49) | - | - | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - |
Utility services, general | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
Utility services, major | § 11.02.092 (50) | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C |
Vending kiosk | § 11.02.092 (51) | - | - | - | - | - | - | C | C | C | C | C | C | C | C | C | - | - | C | - | - |
Warehouse and distribution | § 11.02.092 (52) | - | - | - | - | - | - | - | - | - | - | C | P | P | - | - | - | - | - | - | - |
Wireless telecommunications facilities, building-mounted | § 11.02.092 (53) | - | - | - | - | - | - | - | - | C | C | C | C | C | C | C | - | - | C | C | C |
Wireless telecommunications facility | § 11.02.092 (54) | - | - | - | - | - | - | - | - | - | - | S | S | S | - | - | - | - | - | - | - |
Wrecker, impound yard | - | - | - | - | - | - | - | - | - | - | - | - | S | - | - | - | - | - | - | - | |
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.03.04, adopted 11/9/17; Ordinance CO19-19-06-27-E4 adopted 6/27/19; Ordinance CO27-19-08-22-E3 adopted 8/22/19; Ordinance CO22.23.05.30.B1 adopted 5/30/2023; Ordinance CO16.24.02.22.H4 adopted 2/22/2024)
§ 11.02.065 Temporary uses.
Table 11.02.065. Temporary Uses by Zoning District | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Land Use | Standards Reference | Zoning Districts | ||||||||||||||||||
Interim/Residential | Nonresidential | Mixed Use Districts | Overlay District | |||||||||||||||||
DR | ES | SR | SU | UR | NB | LB | GB | PO | HC | LI | HI | H | PS | OG | OR | MU | PA | EC | ||
Legend: P = Permitted; C = Conditional; S = Special Use; — = Prohibited | ||||||||||||||||||||
Model home/on-site real estate office | C | C | C | C | C | - | - | - | - | - | - | - | - | - | - | - | C | C | C | |
Portable building | - | - | - | - | - | C | C | C | C | C | C | C | C | C | C | C | C | C | C | |
Portable building, governmental | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | |
Portable storage unit | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | |
Temporary construction building | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | |
Temporary construction dumpster | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | |
Temporary construction yard | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | C | |
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.03.05, adopted 11/9/17; Ordinance CO22.23.05.30.B1 adopted 5/30/2023)
§ 11.02.066 Unlisted or functionally similar uses.
A.
Authorization of unlisted use.
1.
2.
An authorized use under this section shall comply with all regulations that apply to the use of which the authorized use is a subcategory or to which it is functionally similar.
B.
If not authorized, then prohibited.
If the Administrator determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, conditional, special, or temporary use, then the use is a prohibited use.
C.
Decision criteria.
The Administrator shall determine whether a proposed use is a subcategory of, or is functionally comparable to, a permitted, conditional, special, or temporary use based on relevant considerations, including the following:
1.
Nature of use and whether it involves dwelling units, sales, processing, storage, employment, etc.;
2.
Parking demand;
3.
Average daily and peak hour trip generation (cars and trucks);
4.
Noise;
5.
Lighting;
6.
Dust;
7.
Odors;
8.
Solid waste generation;
9.
Potentially hazardous conditions, such as projectiles leaving the site;
10.
Use and storage of hazardous materials;
11.
Character of buildings and structures; and
12.
Hours of operation.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.03.06, adopted 11/9/17)
§ 11.02.091 General provisions.
A.
Applicability.
A conditional use (C) or a special (S) use permit may be granted where authorized pursuant to table 11.02.063, Residential Uses by Zoning District, table 11.02.064, Nonresidential Uses by Zoning District, and table 11.02.065, Temporary Uses by Zoning District, to certain land uses that are not a permitted use in some or all zoning districts of the City, but are nevertheless recognized as being desirable to the full function and development of the City under appropriate circumstances and in conformity with the goals and objectives of the City’s Comprehensive Plan. Special use permits shall provide a means whereby proposals for such land uses may be examined on a case-by-case basis to determine whether, and under what conditions, these uses may be permitted.
B.
Procedure.
1.
Conditional uses shall be allowed if the standards and conditions stated in section 11.02.092, Conditional and Special Use Standards and Conditions, are met.
2.
Special uses may only be approved following a public hearing and recommendation by the Planning and Zoning Commission and a subsequent hearing and decision by the City Council. The special use approval process [is] stated in Article 11.06, division 3, part II, Public Hearing Approvals, which allows for certain land uses that are not permitted by right to be granted approval in some zoning districts subject to the standards and conditions stated in section 11.02.092, Conditional and Special Use Standards and Conditions, and section 11.06.085, Special Use Permit. If there are special uses identified in Article 11.02, division 3, Land Uses, that are not included in this division, all applicable standards of this Chapter and all conditions of approval that may be recommended by the Planning and Zoning Commission and determined by the City Council shall apply.
3.
There shall be no variances considered with regard to the regulations set forth herein.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.04.01, adopted 11/9/17)
§ 11.02.092 Conditional and special use standards and conditions.
In accordance with the land use designations noted in table 11.02.063, Residential Uses by Zoning District, table 11.02.064, Nonresidential Uses by Zoning District and table 11.02.065, Temporary Uses by Zoning District, the following uses are permitted as conditional uses or may be considered as special uses if the following requirements are met:
2.
Adult day care, is permitted subject to the following conditions:
a.
The operator for the use meets all certification, licensing, and/or monitoring requirements as per the Texas Human Resources Code, chapter 103, Day Activity and Health Services.
3.
Alcoholic beverage establishment, is permitted subject to the following conditions:
a.
(Reserved)
b.
Pursuant to Texas Alcoholic Beverage Code. the use is not located:
i.
Within 300 feet of a church, public hospital, public school, or private school, in accordance with Texas Alcoholic Beverage Code section 109.33; or
ii.
Within 1,000 feet of a public school or private school if the City Council receives a request from the school district or private school in accordance with Texas Alcoholic Beverage Code section 109.33.
4.
Alcoholic beverage sales, off-site consumption, is permitted subject to the following conditions:
a.
(Reserved)
b.
Pursuant to the Texas Alcoholic Beverage Code, the use is not located within:
i.
300 feet from a church, public hospital, public school, or private school, in accordance with Texas Alcoholic Beverage Code section 109.33.
5.
Animal grooming, is permitted subject to the following conditions:
a.
No operations, including dog runs or recreation areas, are conducted outdoors;
b.
If the use is located less than 100 feet from any residential zoning district, the building is sound attenuated such that the sound is not audible at the residential property line; and
c.
If the use is located in a multi-tenant building, ventilation systems are installed to prevent odors and allergens from circulating to other parts of the building.
6.
Animal veterinary services, large animal, is permitted subject to the following conditions:
a.
If the use is located less than 100 feet from any residential zoning district, the building is sound attenuated such that the sound is not audible at the residential property line;
b.
Any docks and animal shoots are placed in an interior or rear yard provided that such yard does not face a public street or a residential zoning district; and
c.
If the use is located in a multi-tenant building, ventilation systems are installed to prevent odors and allergens from circulating to other parts of the building.
7.
Animal veterinary services, small animal, is permitted subject to the following conditions:
a.
No operations, including dog runs or recreation areas, are conducted outdoors;
b.
If the use is located less than 100 feet from any residential zoning district, the building is sound attenuated such that the sound is not audible at the residential property line; and
c.
If the use is located in a multi-tenant building, ventilation systems are installed to prevent odors and allergens from circulating to other parts of the building.
8.
Apartment, is permitted subject to the following conditions:
a.
The use meets the standards of section 11.03.153(G), Garden-Style Apartments in Multifamily District; and
b.
The use is only permitted on properties zoned Multifamily (MF) as of the effective date of this Chapter.
9.
Automotive, minor service, is permitted subject to the following conditions:
a.
All service and repairs are performed within a fully enclosed building;
b.
Wrecked or inoperable vehicles are not stored within or outside of the facility;
c.
Automobile bay doors are located perpendicular to the public right-of-way and are not visible from abutting residentially zoned districts; and
d.
Primary access is taken from a collector or higher roadway classification.
10.
Automobile, rental, is permitted subject to the following conditions:
a.
All permanent storage of material, merchandise, and equipment, including wrecked vehicles and excluding the display of vehicles for rent, are stored in areas screened from view;
b.
Access is taken from a collector or higher roadway classification; and
c.
The office space is no larger than 3,000 square feet.
12.
Bed-and-breakfast facility, is permitted subject to the following conditions:
a.
The facility owner or innkeeper occupies the residence;
b.
The rental of rooms is on a daily or weekly basis to tourists or vacationers, for which the rental period does not exceed 14 consecutive days in any 30-day period for any such tourist or vacationer;
c.
No meals are served to the general public;
d.
There are no more than five (5) guest rooms;
e.
Each guest room has access to a hall or exterior door;
f.
The use has been permitted by the Williamson or Travis County Health Department;
g.
No other bed-and-breakfast is located within a one-mile radius of the property;
h.
Access is taken from a collector or higher roadway classification; and
i.
The minimum lot size is 15,000 square feet.
13.
Broadcasting center, is permitted subject to the following conditions:
15.
Carwash, is permitted subject to the following conditions:
a.
It is automatic or full-service;
b.
There are no more than three (3) carwashing bays;
c.
All mechanical equipment, excluding vacuum and air units is enclosed within a building;
d.
All facilities are designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting residential district;
e.
Bay access is designed to prevent headlights from shining onto any street or abutting a residential district;
f.
If self-service vacuums are provided, a minimum of one (1) parking space per vacuum is required, which will not interfere with site circulation, driveways, or fire lanes;
g.
Access is taken from a collector or higher classification roadway; and
h.
All new full-service vehicle wash facilities, are equipped with, operate, and maintain in operation, a water recycling system that will recycle not less than 50 percent of the water being used by the facility, and for existing automobile wash facilities, such system is required as a condition of any permit to:
i.
Expand the floor area of the vehicle wash facility building by more than 50 percent of the area of the vehicle wash facility building as it existed on the effective date of this Chapter;
ii.
Demolish, destroy or remove and then replace more than 50 percent of the floor area of the vehicle wash facility building as it existed on the effective date of this Chapter, except for the purpose of replacing or repairing water recycling equipment; or
iii.
Enlarge the water tap, meter, or service line.
16.
Community garden, is permitted subject to the following conditions:
a.
Compost materials are stored at least 20 feet from all adjacent property lines;
b.
All seed, fertilizer, and animal feed is stored in sealed, rodent-proof containers and housed in an enclosed structure; and
c.
The land is served by a water supply sufficient to support the cultivation practices on-site.
17.
Community home, is permitted subject to the proposed home complying with all regulations of Texas Human Resources Code, chapter 123, Community Homes for Persons with Disabilities.
18.
Construction sales and services, are permitted subject to the following conditions:
19.
Craft brewing/distillery/winery production with on-premise consumption, is permitted subject to the following conditions:
21.
Day-care center, is permitted subject to the following conditions:
a.
The use does not involve overnight lodging, medical treatment, counseling, or rehabilitative services; and
b.
The use is in compliance with all certification, licensing, and/or monitoring requirements as per Texas Human Resources Code, chapter 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services.
22.
Day-care center, incidental, is permitted subject to the following conditions:
a.
The use is completely contained within the primary use;
b.
The use shall not constitute more than 15 percent of the gross floor area of the primary use;
c.
The operating hours are the same as the primary use and shall not include overnight lodging, medical treatment, counseling, or rehabilitative services;
d.
The use is in compliance with all certification, licensing, and/or monitoring requirements as per Texas Human Resources Code, chapter 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services.
24.
Extraction (gas, gravel, minerals, oil, or sand), may be considered subject to the following conditions:
25.
Family home is permitted subject to the following conditions:
a.
No person other than a family member who resides in the dwelling unit is employed on-site;
b.
The use does not include overnight lodging;
c.
The residential character of the lot and the dwelling unit is maintained, and neither the interior nor the exterior of the dwelling are structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation;
d.
No additional buildings are added on the property to accommodate the home occupation;
e.
There is adequate space for temporary parking, drop-off, and pick-up during peak times; and
f.
The use is in compliance with all listing or certification requirements of the Texas Department of Family and Protective Services, as per Texas Human Resources Code, chapter 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services.
26.
Food processing, is permitted subject to all operations and processes associated with the use being conducted completely indoors.
28.
Gasoline service station, is permitted subject to the following conditions:
a.
With the exception of gasoline service stations that exist, including both principal and accessory uses or buildings, on the effective date of this Chapter, the property on which the station is located is situated no less than 300 feet from the boundary or a property line of an Estate Residential (ES), Suburban Residential (SR), or Semi-Urban Residential (SU) district.
b.
No above-grade equipment for the service of gasoline, oil, air, or water (except irrigation systems) is closer than 10 feet to any public right-of-way, or 20 feet to the property line of a residential district;
c.
Canopies shall be connected to or integrated into the architectural design of the building in terms of color, cladding, roofing and roof pitch, if provided;
d.
No overnight storage of material, merchandise, or equipment unless it is stored within the principal building;
e.
Refuse and trash is stored in closed containers and in an area screened from view at all points on any public or private property or street;
f.
In the event the use is abandoned, all underground storage tanks and pumps are removed; and
g.
Car washes, if accessory to the service station, shall direct vehicular circulation for the car wash facility away from the circulation for the rest of the site and a stacking lane for the car wash includes a 12-foot wide “escape lane” to bypass the car wash.
30.
Home occupation, is permitted as an accessory to the principal residential use subject to the following conditions:
a.
The home occupation is conducted entirely within a dwelling unit that is the legal residence of the practitioners, or entirely within only one (1) accessory garage building (not to include a carport or pole barn);
b.
No person other than a family member who resides in the dwelling unit is employed in the home occupation on the premises;
c.
The residential character of the lot and the dwelling unit is maintained, and neither the interior nor the exterior of the dwelling are structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation;
d.
No additional buildings are added on the property solely to accommodate the home occupation;
e.
The home occupation does not generate customer-related vehicular traffic in excess of three (3) vehicle trips per 24-hour day in the residential neighborhood;
f.
No direct selling of merchandise occurs on the premises, provided however, that direct marketing is permitted;
g.
No storage of equipment or materials is visible from the public right-of-way;
h.
No highly explosive or combustible equipment or vehicles with more than two (2) axles are present on the property; and
i.
The use is compatible with nearby uses and specifically does not include:
i.
Animal training, grooming, breeding, and/or boarding;
ii.
Animal hospitals;
iii.
Clinics;
iv.
Contractors’ yards;
v.
Dance schools;
vi.
Hospitals;
vii.
Junkyards;
viii.
Lodging house uses;
ix.
Massage therapy;
x.
Tattoo and/or body piercing businesses;
xi.
Restaurants;
xii.
Rental outlets; or
xiii.
Vehicle repair shops.
31.
Hospital services, is permitted subject to the site area being a minimum of 10 acres.
32.
Hotel, is permitted subject to the following conditions:
a.
External balconies are set back a minimum or [of] 200 feet from any single-family residential district measured along a straight line from the ground below the balcony to the closest single-family residential district boundary line;
b.
All rooms are accessed through an internal hallway, lobby, or courtyard; and
c.
Hotel staff is on-site 24 hours a day.
33.
Industrialized home, is permitted subject to the following conditions:
a.
The home is affixed to a permanent concrete slab or grade beam foundation;
b.
If any space is exposed between the structure and the slab or ground, the home is skirted with matching weatherized material; and
c.
The home has either an attached or detached carport that can accommodate one (1) passenger vehicle or a fully enclosed one-car garage.
34.
Manufactured home, is permitted subject to the following conditions:
a.
The home unit is transported, installed, occupied, and used in compliance with all applicable federal, state, and local laws;
b.
The home unit is installed on a permanent foundation consisting of masonry or concrete, with running gear, tongue, towing hitch, axles, and transporting lights removed, and has an anchoring system that is totally concealed under the structure in compliance with Texas Occupations Code, chapter 1202, Industrialized Housing and Buildings;
c.
The home unit is oriented such that the longer side is parallel to the centerline of the most adjacent public roadway where the lot is addressed, or in instances where this standard cannot be met, the unit is rotated 90 degrees so that the side wall faces parallel to the same aforementioned street frontage;
d.
The home unit is not placed on a vacant lot or a lot previously established with a site-built dwelling;
e.
The home is less than 10 years old at the time of building permit application and will replace an existing manufactured home;
f.
The home is built to the Manufactured Home Construction and Safety Standards (HUD Code, 42 USC ch. 5401–5426); and
g.
The home displays a certification label on the exterior of each transportable section.
35.
Nursery/greenhouse, retail, is permitted subject to the following conditions:
a.
Access is taken from a collector or higher classification roadway;
b.
The area containing the plants and other accessory materials or products, e.g. soil. mulch, sod, pots and containers, etc., is enclosed within a fenced area;
c.
Stacked materials do not exceed the height of a screening fence; and
d.
Greenhouses are placed to the rear of the property.
36.
Outdoor arena, stadium, or amphitheater, is permitted subject to the use being spaced a minimum of 600 feet from any single-family residential district, measured along a straight line between the closest district boundary lines.
37.
Outdoor commercial amusement, major, may be considered subject to the use being spaced a minimum of 600 feet from any single-family residential district, measured along a straight line between the closest district boundary lines.
38.
Outdoor recreation (athletic field/facility), is permitted subject to the following conditions:
a.
Accessory uses or activities are subordinate in area, extent, and purpose to the principal use and are those which are customarily established in conjunction with the operation of permitted open space type recreation facilities, including accessory sales of alcoholic beverages, accessory food services, and accessory sales and rental of equipment;
b.
Access to any service and parking areas for over 50 vehicles is taken from a collector or higher classification roadway; and
c.
After-hours lighting is limited to that necessary only for security purposes.
39.
Paintball course, is permitted subject to the following conditions:
a.
The minimum area of the parcel proposed for development is 30 acres;
b.
The course is a minimum of 500 feet from residential zoning districts, schools, places of public assembly, day cares, and parks used for active recreation, which shall be measured along a straight line between the closest property lines;
c.
The course is not combined with a skeet course, shooting range, or archery range; and
d.
The use is designed to prevent projectiles from leaving the site.
40.
Print shop, is permitted if the occupied/leased space is no larger than 3,000 square feet.
42.
Restaurant, dine-in only, is permitted subject to the following conditions:
a.
All sales of alcoholic beverages are in compliance with the Texas Alcoholic Beverage Code.
43.
Restaurant, drive-in or drive-through, is permitted subject to the following conditions:
a.
The speakers associated with the drive-through are a minimum 200 feet from a residential structure in a residential district, measured along a straight line between the speakers and the residential structure at the closest points.;
b.
Any alcoholic beverage sales for on-premises consumption are in compliance with the Texas Alcoholic Beverage Code.
44.
Retail sales, is permitted subject to the following conditions:
a.
There is no and will be no drive-through or drive-up drop-off of materials or goods by personal vehicle, excluding commercial deliveries via trucks or tractor-trailer; and
b.
If located in the Local Business (LB) district, a single retail tenant does not exceed 40,000 square feet of gross floor area.
45.
Self-storage facility, may be considered subject to the following conditions:
a.
The site is a minimum of four (4) acres, which includes an office, enclosed individual self-storage lease space, and may include a caretaker residence and outdoor parking lease spaces for boats, RVs, trucks, and trailers, excluding storage of wrecked or inoperable vehicles, comprising no more than 20 percent of the gross site area;
b.
Any buildings with exterior access to the storage facilities do not exceed 12 feet in height, which may be increased to 16 feet for buildings built solely for boats and recreational vehicles;
c.
Any buildings with interior access to the storage facilities have a maximum height of 30 feet;
d.
A six (6) foot privacy fence constructed of masonry construction encloses the entire area that includes the self-storage use, with exception of the office and its customer and employee parking. Wrought iron or black tubular steel fencing may be substituted for masonry only at the gates. The outer wall of the building, when constructed of brick, stone, or tilt wall, may serve also as that portion of the fence; however, the required building setback remains. Cinderblock is not allowed for the fence; however, split-faced concrete blocks may be used;
e.
Any outdoor storage/parking of boats, RVs, trailers, etc. is located a minimum of 20 feet from any property line;
g.
The exterior of all buildings, including exterior walls, roofs, trim and doors is finished in neutral earthen colors; and
h.
Is located a minimum of 500 feet from any primary collector or arterial roadway.
46.
Sexually oriented business, may be considered subject to the provisions of Cedar Park Code of Ordinances, Chapter 4, Business Regulations.
48.
Townhome is permitted subject to the following conditions:
a.
Each residence has an attached or detached garage, which may include a tandem, two (2) car garage, for which the garage counts toward one (1) required parking space under the parking regulations stated in Cedar Park Code of Ordinances, Chapter 14, Site Development;
b.
Any townhouse groupings do not exceed a length of more than 150 feet for any one (1) group; and
c.
Primary entrance(s) into the building are oriented to face the street, provided that they may have a shared entrance with access provided for no more than three (3) individual units.
49.
Transportation terminal, may be considered subject to the following conditions:
a.
It is not located within 1,000 feet from the lot line of a residential district measured along a straight line between the closest residential district boundary line and the terminal property line;
b.
Canopies are connected to or integrated into the architectural design of the building in terms of color, cladding, roofing, and roof pitch, if provided;
c.
The truck circulation for a truck wash facility is directed away from the circulation for the rest of the terminal site; and
d.
If a truck wash is included, a stacking lane for the truck wash includes a 12-foot wide “escape lane” to bypass the truck wash, if provided.
50.
Utility services, major, is permitted subject to the following conditions:
a.
All above-ground structures and equipment are screened from public view by a masonry wall with a minimum height of 12 feet or the height of the structure or equipment, whichever is less; and
b.
The use is set back a minimum of 25 feet from the right-of-way of all streets bounding the property on which the use is located.
52.
Warehouse and distribution, is permitted subject to the following conditions:
a.
It is not located within 600 feet from the lot line of a residential district measured along a straight line between the closest district boundary lines;
b.
Truck bays and loading docks are located perpendicular to the public right-of-way and on an interior side or rear elevation of the building, provided they do not abut a street or highway or a residential district; and
c.
Access is taken from a collector or higher classification roadway.
53.
Wireless telecommunication facilities, building-mounted, are permitted subject to the following conditions:
a.
Any building-mounted telecommunication facilities within any nonresidential districts are designed to not be visible at six (6) feet above grade at the property line;
b.
Any antenna and all related equipment are located to the rear of the property;
c.
Any building-mounted telecommunication support equipment is constructed of non-reflective material (visible surfaces only) and is located underground or hidden by an earthen berm, vegetation, and/or painted to match or complement the architecture of the building or structure to which it is attached;
d.
Any building-mounted telecommunication antenna or equipment is not lighted unless required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA);
e.
Any building- and/or roof-mounted antennas or towers project no higher than 20 percent of the allowable building height in the district it is located;
f.
The use is in compliance with title 47, U.S. Code section 332(c)(7); and
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.04.02, adopted 11/9/17; Ordinance CO27-19-08-22-E3 adopted 8/22/19; Ordinance CO06-21-01-14-E1 adopted 1/14/21; Ordinance CO22.23.05.30.B1 adopted 5/30/2023; Ordinance CO16.24.02.22.H4 adopted 2/22/2024; Ordinance CO28.24.06.27.H5 adopted 6/27/2024)
§ 11.02.093 Temporary uses.
The standards of this section apply to model homes, temporary construction, storage, and refuse collection uses that are specified in table 11.02.065, Temporary Uses by Zoning District, as conditional (C).
A.
Location and operations.
The location, hours of use, operational limitations, and duration of use are stated in table 11.02.093, Temporary Uses.
Table 11.02.093. Temporary Uses | |||||
|---|---|---|---|---|---|
Temporary Use | Location of Use | Hours of Use | Operational Limitations | Duration of Use | Restroom |
Model home/on-site real estate office | On lot or parcel proposed for development, with the same setbacks as any other housing unit. | 7:00 a.m. to 8:00 p.m. | Not limited. | Shall be removed prior to certificate of occupancy for the last building. | Yes |
Temporary construction building | On lot or parcel proposed for development, set back at least 20 feet from all property lines. | Not limited. | May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a dwelling unit. | Shall be removed prior to certificate of occupancy for the last building. | Yes, except when used exclusively for storage |
Temporary construction yard | On an active construction site or within one-half mile of the construction to which the construction yard relates. | 7:00 a.m. to 8:00 p.m. if within 600 feet of residential property | The facility shall be used only for a construction site or an infrastructure project that is wholly or partially located in the City. | Shall be vacated prior to certificate of occupancy for the last building. | Yes |
Portable building | On parcel or lot proposed for development, with the same setbacks as any other accessory building. | Not limited. | No more than two (2) buildings shall be permitted per lot. | Two (2) years. | Yes |
Portable building, governmental | On parcel or lot proposed for development, with the same setbacks as any other accessory building. | Not limited. | Not limited. | Not limited. | As required by the most recently adopted building code. |
Portable storage unit | On parcel or lot served by portable storage unit. No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, must be located behind the principal building. | Not limited. | Not limited. | Two (2) weeks if located in a residential driveway; three (3) months if located behind a principal nonresidential building and screened from view from public rights-of-way and residential districts. | No |
Temporary construction dumpster | On parcel or lot using dumpster, set back at least 10 ft. from the property line. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas. | Not limited. | Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals. | Shall be removed prior to issuance of a certificate of occupancy for the last building. | No |
B.
Extension of approvals.
Approvals may be extended upon demonstration of good cause, appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary construction or storage uses were established. All applications for renewal of a temporary use approval pursuant to this section shall be submitted to the Administrator at least 10 working days before the expiration of the approval or permit.
(Ordinance CO02-17-11-09-H1, exh. A, sec. 11.02.04.03, adopted 11/9/17; Ordinance CO22.23.05.30.B1 adopted 5/30/2023)