Fulshear City Zoning Code
ARTICLE II
ZONING DISTRICTS AND LAND USES
§ 28-2-1 Purpose and applicability.
(a)
Purpose.
The purpose of this article is to establish zoning districts which will provide for quality, sustainable development and which correspond to the specific purpose statements set out in section 28-2-3, districts established.
(b)
Applicability.
(1)
Effect.
The districts set out in this article apply to all land, buildings, structures, and appurtenances within the corporate boundaries of the city.
(2)
Zoning districts.
As of the effective date of this CDO, land zoned with a district classification from the previous zoning regulations will be translated or reclassified to one of the district classifications in this CDO. Displayed in section 28-2-3, districts established, is the name and letter designation of each district, how each district relates to the future land use designation identified in the comprehensive plan, the different neighborhood types, the purpose of the district, and the former zoning district designation. This table shows the translation of the former and current zoning districts.
(3)
Land uses.
The tables in this article describe which land uses are permitted, limited, special, and temporary or prohibited within the zoning districts identified in section 28-2-3, districts established.
(4)
Development agreements.
a.
Designation of zoning districts.
All development agreements that will apply within the city's municipal limits and entered into after the effective date of this CDO will designate which proposed zoning district the development will enter into and the provisions of that zoning district will be strictly adhered to.
b.
Planned unit developments.
Additional planned unit developments (PUD) may be created through a development agreement which will then add a zoning district to the existing list of districts as shown in section 28-2-3, districts established, provided that the PUDs entered into meet the standards as laid out in, section 28-7-30, planned unit developments.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-2 Official zoning map.
(a)
Generally.
The boundaries of the zoning districts established by this CDO shall be shown on a map entitled "Official Zoning Map," an up-to-date copy of which shall be maintained in the office of the city secretary.
(b)
Force and effect.
The official zoning map and all notations, references, and other information shown on it have the same force and effect as the text of this CDO.
(c)
Interpreting the zoning map.
Where the official zoning map appears to be unclear regarding the location of zoning district boundaries, the administrator, or at the administrator's discretion, the planning and zoning commission, shall make a determination using the following criteria:
(1)
Property lines.
District boundaries shown as approximately following property lines shall be construed as following such property lines.
(2)
Right-of-way lines.
District boundaries shown as approximately following right-of-way lines of a street, highway, alley, railroad or other identifiable boundary shall be construed as following such right-of-way line or identifiable boundary.
(3)
Boundaries not following identifiable features.
On unsubdivided land, or in instances where a zoning district boundary follows no identifiable feature, the location of zoning district boundaries shall be determined by using the map scale appearing on the official zoning map, unless the district line is indicated by dimensions printed on the official zoning map, in which case the printed dimensions shall control.
(4)
Street abandonment.
Wherever any street, alley, or public way is abandoned or vacated by official action of the city council, the zoning districts adjoining each side of such street, alley, or public way shall be automatically extended to the centerline of such abandonment or vacation and all area included in the abandonment or vacation shall be subject to the regulation of the extended districts.
(5)
Previously enacted ordinance.
In the event of a conflict between the district boundaries on the official zoning map and the zoning of property provided by a duly enacted ordinance adopted before the effective date of this CDO, the official zoning map will control.
(6)
Uncertainties.
Where existing physical or natural features contradict those shown on the official zoning map or in case any other uncertainty exists, the location of district boundaries shall be referred to the planning and zoning commission by the administrator.
(7)
Interpretation of flood zone and airport zoning maps.
The city will not make any interpretations of the boundaries of flood zones or the airport zoning. Should a dispute be brought to the city, the administrator will seek guidance to resolve the issue with the appropriate governmental agency.
(8)
Development agreements.
All development agreements entered into by the city that pre-date the effective date of this CDO shall, where applicable, override the zoning district designations and regulations of the CDO.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-3 Districts established.
(a)
Zoning districts.
This section divides the city into the districts as set forth in table 28-2-3, zoning districts.
(b)
Development agreements.
(c)
Planned unit developments (PUDs).
(1)
Existing PUDs.
As of the effective date of this CDO, there are two planned unit developments (PUDs) that have been incorporated into the city's zoning district structure and which are reflected below in table 28-2-3, zoning districts.
(2)
Creation of new PUDs.
A new PUD may only be created through the process as described in section 28-7-30, planned unit developments.
Table 28-2-3 Zoning Districts | ||||
|---|---|---|---|---|
Zoning District | Future Land Use Class | Neighborhood Type | The purpose of this zoning district and neighborhood type is to provide for: | Former Zoning District |
Residential | ||||
Estate Residential (ER) | Estate Residential | Conventional | Estate-sized, two acre or larger lots or parcels for single-family detached dwellings. | R-1 |
Suburban Residential (SR) | Suburban Residential | Conventional | Single-family detached neighborhoods with moderately sized lots. | New |
Planned | A planned neighborhood for single-family detached and attached dwellings that has increased density and an increased percentage of common open space used for parks and greenways, to preserve environmental resources, and to transition between housing types and from abutting developments. | |||
Fulshear Run Planned Unit Development (FR) | Planned | See City of Fulshear, TX Ordinance 2014-1138. | PUD | |
Semi-Urban Residential (SU) | Suburban Residential and Multi-Family Residential | Conventional | Single-family detached neighborhood with modest sized lots and minimal common open space. | R-2 |
Planned | A planned neighborhood development for single-family detached and attached and multiple-family dwellings that has increased density from the conventional development option and an increased percentage of common open space used for parks and greenways, to preserve environmental resources, to transition between housing types and from abutting developments, and as neighborhood amenities. | MF & R-2 | ||
Manufactured Housing (MH) | Manufactured Housing | Manufactured | A manufactured home park and manufactured homes are permitted in this district subject to design and development standards. | MH |
Nonresidential | ||||
Suburban Commercial (SC) | Suburban Commercial | Office, Limited Retail, and Non-Retail | A range of small-scale commercial retail, service, and office uses with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses and characterized by buildings that are smaller scale than the typical General Commercial (GC) building | CF |
Suburban Office (SO) | Office, research and technology | An employment center planned as a corporate park with larger-scale professional office and institutional buildings with site and building design standards and shared public amenities. | New | |
Downtown (DD) | Urban Mixed-Use | Mixed Commercial Office, Retail and Residential | A traditional downtown core and fringe that includes a blend of locally historic and new buildings in a compact, highly walkable area that provides for mixed-use while honoring and respecting the original town character and neighborhood areas. Parking is principally handled on-street and in coordinated and centralized off-street locations that are well-designed and integrated into the fabric of the Downtown. | DD |
Wallis Street Planned Unit Development (PUD) | General Commercial | Retail and Services | See City of Fulshear, TX Ordinance 2018-1268. | PUD |
General Commercial (GC) | A broad range of single-use and multi-tenant centers that vary in scale and have on-site and shared parking. | C | ||
Industrial (IN) | Industrial | Light Manufacturing and Warehousing | Industrial uses that are primarily operated indoors with certain related outdoor activities, on-site storage, and truck traffic are subject to specific use standards. | I |
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-4 Neighborhood types.
(a)
Purpose.
The residential zoning districts provide for by-right development options relating to the type of neighborhood. The neighborhood types provide for different housing types, sizes, and prices, as well as different neighborhood environments and living options. These options allow development to be designed in harmony with the natural landscape through set asides for resource features such as wetlands and floodplains, creeks and streams and their riparian areas, as well as lakes, greenways, and resident amenities, while providing market flexibility.
(b)
Applicability.
The neighborhood types applicable to each residential zoning district are set out in division II-2: zoning districts.
(c)
Neighborhood types.
The development of new residential neighborhoods must be classified as one of the following neighborhood types:
(1)
Conventional.
Conventional neighborhoods consist of single-family detached dwellings on platted or unplatted homesteads and subdivisions in the estate, suburban, and semi-urban districts. A conventional subdivision generally includes a regular pattern of lots along curvilinear or gridded streets with minimum common open space. See figure 28-2-4-1, conventional neighborhood.
Figure 28-2-4-1 Conventional Neighborhood  |
(2)
Planned.
Planned neighborhoods consist of neighborhoods with dwellings on smaller lots that are clustered around common open spaces. The common open space is set-aside for resource features such as wetlands and floodplains, creeks and streams and their riparian areas, as well as lakes, greenways, and resident amenities. See figure 28-2-4-2, planned neighborhood.
a.
Common open space.
Common open space shall be interconnected with other open spaces, greenways, parks, and trails within and adjacent to the neighborhood.
b.
Direct lot access.
Open space shall be integrated so as to provide direct access to the maximum number of lots, as demonstrated by the site plan.
c.
Bufferyards.
A type B bufferyard is required between single-family detached or attached dwellings and multiple-family dwellings. See section 28-3-27, bufferyards.
d.
Adjacency to conventional neighborhoods.
When adjacent to a conventional neighborhood, lots along a shared property line shall be no less than 75 percent of the lot area and width of the adjacent conventional lots. This provision shall only to established neighborhoods and not to undeveloped acreage.
Figure 28-2-4-2 Planned Neighborhood  |
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-5 Estate residential (ER).
(b)
Applicability.
The standards in this section apply to areas designated as estate residential on the future land use and character plan and denoted as ER on the official zoning map.
(c)
Dimensional standards.
Displayed in table 28-2-5-1, [dimensional standards], are the standards for conventional developments providing for the uses listed below.
Table 28-2-5-1 Dimensional Standards | |||
|---|---|---|---|
Standard | Single-Family Detached Requirements1 Conventional | Illustrative | |
Density and Open Space | .tiff.png "028 Table 28-2-5-1(1).tiff") | ||
— | N/A | N/A | |
Minimum Lot | |||
A | Area | 2 ac. | |
B | Width | 150 ft. | |
Minimum Building Setbacks | |||
C | Front | 35 ft. | |
D | Interior Side | 15 ft. | |
E | Street Side | 35 ft. | |
F | Rear | 35 ft. | |
Maximum Building | |||
— | Coverage | N/A | |
— | Height | 40 ft. | |
.tiff.png "028 Table 28-2-5-1(2).tiff") | |||
TABLE NOTES: | |
|---|---|
NA = Not Applicable | |
1. | Only single-family detached dwellings are permitted in this district. |
(d)
Land uses, neighborhoods, and off-street parking.
(1)
Use standards.
See division II-3, use standards, for additional requirements.
(3)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-5-2 Permitted Uses and Minimum Off-Street Parking Spaces | |||
|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Cross Reference |
Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | |||
Accessory | |||
Accessory Dwelling Unit | C | 1 per bedroom | § 28-2-19 |
Detached Garage, Barn, or Shed | C | No minimum; refer to applicable dwelling type | § 28-2-19 |
Home Occupation (other than listed below) | C | Refer to § 28-2-19 | § 28-2-19 |
Bed and Breakfast Home | C | 2 per dwelling unit plus 1 per guest room | § 28-2-19 |
Agriculture and Rural | |||
Farm, Orchard, or Ranch | P | 1 per 5,000 sf. GFA devoted to the use | — |
Kennel/Animal Shelter | S | 1 per 400 sf. of GFA | § 28-2-17 |
Stable | C | 3 per 1,000 sf. of administrative space, plus 1 space per 3 stalls | § 28-2-16 |
Public, Institutional, and Utility | |||
Day Care/Pre School | C | 1 per 10 enrolled persons plus 1 per employee on the largest shift | § 28-2-16 |
Government Office (Library, Post Office, Administration) | P | 1 per 300 sf. GFA | — |
Government Service (Police, Fire, EMS) | C | — | § 28-2-16 |
Park and Outdoor Recreation, Non-Commercial | P | 1 per 2 acres; minimum of 10 spaces | — |
Place of Assembly, Indoor | C | Greater of: 1 per 350 sf. or 1 per 4 seats in assembly area | § 28-2-16 |
School, Primary | C | 1 per 65 sf. of classroom space + 1 space per 300 sf. of office space | § 28-2-16 |
Water Storage Facility | C | 1 per employee on the largest shift | § 28-2-16 |
Wireless Communications Tower | S | 1 per tower | |
Residential | |||
Single-Family Detached Dwelling | P | 2 per dwelling unit | — |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(e)
Landscaping and buffering.
None required.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-6 Suburban residential (SR).
(b)
Applicability.
The standards in this section apply to areas designated as suburban residential on the future land use and character plan and denoted as SR on the official zoning map. Suburban residential areas include conventional neighborhoods with single-family detached dwellings and planned neighborhoods with single-family detached and attached dwellings. A connection to public water and wastewater systems is required.
(c)
Neighborhood types.
For the planned neighborhood type, refer to section 28-2-4, neighborhood types.
(d)
Dimensional standards.
Displayed in table 28-2-6-1, dimensional standards, are the standards for conventional and planned neighborhoods providing for the uses listed below.
Table 28-2-6-1 Dimensional Standards | ||||
|---|---|---|---|---|
Standard | Single-Family Detached Requirements | Illustrative | ||
Conventional1 | Planned2 | |||
Density and Open Space | .tiff.png "028 Table 28-2-6-1(1).tiff") | |||
— | Dwelling Units Per Acre (Max) | 1.8 | 2.5 | |
— | Open Space (Min) | 5% | 20% | |
Minimum Lot | ||||
A | Area | 0.5 ac. | 0.25 ac | |
B | Width | 90 ft. | 70 ft. | |
Minimum Building Setback | ||||
C | Front | 35 ft. | 30 ft. | |
D | Interior Side | 12 ft. | 10 ft. | |
E | Street Side | 35 ft. | 30 ft. | |
F | Rear | 30 ft. | 25 ft. | |
Maximum Building | ||||
— | Coverage | 20% | 35% | |
— | Height | 40 ft. | 35 ft. | |
.tiff.png "028 Table 28-2-6-1(2).tiff") | ||||
TABLE NOTES: | |
|---|---|
1. | Only single-family detached dwellings are permitted in a conventional neighborhood. |
2. | Additional housing types are permitted in a planned or cluster development. See § 28-2-16, Single-Family Attached and Multiple Family Standards. |
(e)
Land uses, neighborhoods, and off-street parking.
(1)
Use standards.
See Division II-3, use standards, for additional requirements.
(3)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-6-2 Permitted Uses and Minimum Off-Street Parking Spaces | ||||
|---|---|---|---|---|
Use Category | Use Type | Neighborhood Type | Minimum Spaces | Cross Reference |
Use Legend: P = Permitted; C = Conditional; S = Specific; Neighborhood Legend: CN = Conventional; PD = Planned All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | ||||
Accessory | ||||
Accessory Dwelling Unit | C | CN, PD | 1 per bedroom | § 28-2-19 |
Community Garden | C | CN, PD | 1 per 5,000 sf. of garden area | § 28-2-19 |
Detached Garage or Shed | C | CN, PD | No minimum | § 28-2-19 |
Home Occupation (other than listed below) | C | CN, PD | Refer to § 28-2-19 | § 28-2-19 |
Bed and Breakfast Home | C | CN, PD | 2 per dwelling unit plus 1 per guest room | § 28-2-19 |
Public, Institutional, and Utility | ||||
Day Care/Pre-School | C | CN, PD | 1 per 10 enrolled persons plus 1 per employee on the largest shift | § 28-2-16 |
Government Office (Library, Post Office, Administration) | P | CN, PD | 1 per 300 sf. GFA | — |
Government Service (Police, Fire, EMS) | C | CN, PD | — | § 28-2-16 |
Parks and Outdoor Recreation, Non-Commercial | P | CN, PD | 1 per 2 acres; minimum of 10 spaces | — |
Place of Assembly, Indoor | C | PD | Greater of: 1 per 350 sf. or 1 per 4 seats in assembly area | § 28-2-16 |
School, Primary | C | PD | 1 per 65 sf. of classroom space + 1 space per 300 sf. of office space | § 28-2-16 |
Water Storage Facility | C | PD | 1 per employee on the largest shift | — |
Wireless Communications Tower | S | PD | 1 per tower | |
Residential | ||||
Single-Family Detached Dwelling | P | CN, PD | 2 per dwelling unit | — |
Single-Family Attached Dwelling (duplex, twin home, multiplex, townhome) | P | PD | 2 per dwelling unit | § 28-2-16 |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(f)
Landscaping and buffering.
Displayed in table 28-2-6-3, landscape standards, are the planting requirements for both conventional and planned neighborhoods.
Table 28-2-6-3 Landscape Standards | ||
|---|---|---|
Type of Tree | Min. per 50' Street Front-age | Illustrative |
Deciduous or Evergreen1 | 0.25 |  |
Ornamental | 0.50 | |
TABLE NOTES: | |
|---|---|
1. | The calculated number of trees must be rounded up to the nearest whole number. |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-7 Fulshear Run Planned Unit Development (FR).
See City of Fulshear, TX Ordinance 2014-1138.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-8 Semi-urban residential (SU).
(b)
Applicability.
The standards in this section apply to areas designated as multi-family residential and suburban residential on the future land use and character plan and denoted as SU on the official zoning map. Semi-urban residential areas include conventional neighborhoods with single-family detached dwellings; planned neighborhoods with single-family detached, attached, and multi-family dwellings. A connection to public water and wastewater systems is required.
(d)
Dimensional standards.
Displayed in table 28-2-8-1, dimensional standards, are the standards for conventional and planned neighborhoods providing for the uses listed below.
Table 28-2-8-1 Dimensional Standards | |||
|---|---|---|---|
Standard | Neighborhood Types | ||
Conventional | Planned | ||
Single-Family Detached Housing | |||
— | Acres | — | 10 ac. min. |
Density and Open Space | |||
— | Maximum Units Per Acre | 4.2 | 4.8 |
— | Minimum Open Space | 10% | 25% |
Minimum Lot | |||
A | Area | 6,000 sf. | 5,000 sf. |
B | Width | 60 ft. | 45 ft. |
Average Lot | |||
A | Area | 8,400 sf. | 6,000 sf. |
B | Width | 70 ft. | 55 ft. |
Minimum Building Setbacks | |||
C | Front | 30 ft. | 20 ft. |
D | Interior Side | 7.5 ft. | 5 ft. |
E | Street Side | 20 ft. | 15 ft. |
F | Rear | 20 ft. | 15 ft. |
Building | |||
G | Coverage (Max) | 40% | 45% |
— | Separation (Min) | 15 ft. | 10 ft. |
— | Height (Max) | 35 ft. | 35 ft. |
.tiff.png "028 Table 28-2-8-1(1).tiff") | |||
.tiff.png "028 Table 28-2-8-1(2).tiff") |
Table 28-2-8-2 Single-Family Attached Housing | |||||
|---|---|---|---|---|---|
Standard | Housing Types | ||||
Duplex/Twin Home | Multiplex | Townhome | Apartment | ||
Density and Open Space | |||||
— | Units Per Acre | 8.6 | 9.7 | 11.9 | 30.0 |
— | Open Space | 10% | 12% | 20% | 25% |
Minimum Lot1 | |||||
A | Area | 4,500 sf. | 3,500 sf. | 2,500 sf. | 1,500 sf. |
B | Width | 45 ft. | 35 ft. | 25 ft. | 15 ft. |
Minimum Building Setbacks | |||||
C | Front | 25 ft. | 25 ft. | 20 ft. | 35 ft. |
D | Interior Side | 0 ft. | 10 ft. | 0 ft. | 15 ft. |
E | Street Side | 25 ft. | 25 ft. | 20 ft. | 25 ft. |
F | Rear | 25 ft. | 20 ft. | 15 ft. | 25 ft. |
— | Parking | 15 ft. | 15 ft. | 10 ft. | 15 ft. |
Building | |||||
G | Coverage (Max) | 41% | 54% | 68% | 65% |
H | Height (Max) | 35 ft | 35 ft. | 35 ft. | 45 ft. |
— | Stories | 2.5 | 2.5 | 2.5 | 3.0 |
Duplex Side-by-Side | |||||
|---|---|---|---|---|---|
.tiff.png "028 Table 28-2-8-2(1).tiff") | |||||
.tiff.png "028 Table 28-2-8-2(2).tiff") |
Duplex Over-Under | |||||
|---|---|---|---|---|---|
.tiff.png "028 Table 28-2-8-2(3).tiff") | |||||
.tiff.png "028 Table 28-2-8-2(4).tiff") |
Twin Home | |||||
|---|---|---|---|---|---|
.tiff.png "028 Table 28-2-8-2(5).tiff") | |||||
.tiff.png "028 Table 28-2-8-2(6).tiff") |
Multiplex | |||||
|---|---|---|---|---|---|
.tiff.png "028 Table 28-2-8-2(7).tiff") | |||||
.tiff.png "028 Table 28-2-8-2(8).tiff") |
Townhome |
|---|
.tiff.png "028 Table 28-2-8-2(9).tiff") |
.tiff.png "028 Table 28-2-8-2(10).tiff") |
Apartment | |||||
|---|---|---|---|---|---|
.tiff.png "028 Table 28-2-8-2(11).tiff") | |||||
.tiff.png "028 Table 28-2-8-2(12).tiff") |
TABLE NOTES: | |
|---|---|
1. | Minimum lot area and minimum lot width values are per dwelling unit. For example. A duplex (which has two units) is required to have 90 ft. of minimum lot width for the overall building and 9,000 sf. for the building housing the two units. |
2. | Duplex/Twin Home, Multiplex, Townhome, and Apartment units may not cumulatively exceed 10% of the total single-family home count in the development or master planned community, and apartment units specifically may not exceed 5% of the total single-family home count. |
(e)
Land uses, neighborhoods, and off-street parking.
(1)
Use standards.
See division II-3, use standards, for additional requirements.
(3)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-8-3 Permitted Uses and Minimum Off-Street Parking Spaces | ||||
|---|---|---|---|---|
Use Category | Use Type | Neighborhood Type | Minimum Spaces | Cross Reference |
Use Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses Neighborhood Legend: CN = Conventional; PD = Planned | ||||
Accessory | ||||
Community Garden | C | CN, PD | 1 per 5,000 sf. of garden area | § 28-2-19 |
Detached Garage | C | CN, PD | See applicable dwelling type | § 28-2-19 |
Home Occupation (other than listed below) | C | CN, PD | See § 28-2-19 | § 28-2-19 |
Child Care, Family Home | C | CN, PD | 1 per each 3 children on the premises at any one time + 1 per each provider, staff member, or employee on duty at any one time | § 28-2-19 |
Child Care Facility, Group Home | C | CN, PD | Greater of: 1 per 3 rooms or 1 per bedroom | § 28-2-19 |
Public, Institutional, and Utility | ||||
Government Office (Library, Post Office, Administration) | P | CN, PD | 1 per 300 sf. GFA | — |
Government Service (Police, Fire, EMS) | C | CN, PD | — | § 28-2-16 |
Park and Outdoor Recreational, Non-Commercial | P | CN, PD | 1 per 2 acres; minimum of 10 spaces | — |
Place of Assembly, Indoor | C | PD | Greater of: 1 per 350 sf. or 1 per 4 seats in the assembly area | § 28-2-16 |
School, Primary | C | PD | 1 per 65 sf. of classroom space + 1 per 300 sf. of office space | § 28-2-16 |
Water Storage Facility | C | CN, PD | 1 per employee on largest shift | § 28-2-16 |
Wireless Communications Tower | S | CN, PD | 1 per tower | |
Residential | ||||
Apartment | C | PD | 1 per DU for efficiency unit or 1 bedroom (BR); 2 per DU for 2 BR; 3 per DU for 3 BR plus | § 28-2-16 |
Industrialized Housing | C | CN | 2 per DU | § 28-2-16 |
Single-Family Detached Dwelling | P | CN, PD | 2 per DU | — |
Single-Family Attached Dwelling (duplex, twin home, multiplex, townhome) | P | PD | 2 per DU | § 28-2-16 |
Commercial | ||||
Grocery/Retail | S | PD | 3 per 1,000 sf. of GFA | § 28-2-17 |
Restaurant, Dine-In | S | PD | 1 per 200 sf. of GFA | § 28-2-17 |
Office | S | PD | 1 per 500 sf. of GFA | § 28-2-17 |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(f)
Landscaping and buffering.
Table 28-2-8-4, landscape standards, provides general standards for conventional neighborhood residential development in this zoning district.
Table 28-2-8-4 Landscape Standards | Figure 28-2-8-2 Landscape Standards | |
|---|---|---|
Type of Tree | Min. per 50' Street Frontage | |
Deciduous or Evergreen | 1.0 |  |
Ornamental | 1.0 | |
TABLE NOTES: |
|---|
The calculated number of trees must be rounded up to the nearest whole number. |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-9 Manufactured housing (MH).
(b)
Applicability.
The standards in this section apply to areas designated as manufactured housing (MH) on the official zoning map. A connection to public water and wastewater systems is required.
(d)
Dimensional standards.
Displayed in table 28-2-9-1, dimensional standards, are the standards for manufactured home parks or individually platted manufactured homes, providing for the uses listed below.
Table 28-2-9-1 Dimensional Standards | |
|---|---|
Acres | 5 ac. max. |
Density and Open Space | |
Maximum Units Per Acre | 6.1 |
Minimum Open Space | 20% |
Minimum Lot | |
Area | 5,000 sf. |
Width | 50 ft. |
Minimum Building Setbacks | |
Front | 20 ft. |
Interior Side | 10 ft. |
Street Side | 20 ft. |
Rear | 15 ft. |
Building | |
Coverage (Max) | 40% |
Separation (Min) | 20 ft. |
Height (Max) | 35 ft. |
(e)
Land uses, neighborhoods, and off-street parking.
(1)
Use standards.
See division II-3, use standards, for additional requirements.
(2)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-9-2 Permitted Uses and Minimum Off-Street Parking Spaces | |||
|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Cross Reference |
Use Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | |||
Public, Institutional, and Utility | |||
Government Office (Library, Post Office, Administration) | P | 1 per 300 sf. GFA | — |
Government Service (Police, Fire, EMS) | C | — | § 28-2-16 |
Park and Outdoor Recreational, Non-Commercial | P | 1 per 2 acres; minimum of 10 spaces | — |
Place of Assembly, Indoor | C | Greater of: 1 per 350 sf. or 1 per 4 seats in the assembly area | § 28-2-16 |
Water Storage Facility | C | 1 per employee on largest shift | § 28-2-16 |
Wireless Communications Tower | S | 1 per tower | § 28-2-19 |
Residential | |||
Industrialized Housing | P | 2 per DU | — |
Park or Manufactured Home | P | 2 per DU | — |
Single-Family Detached Dwelling | P | 2 per DU | — |
Single-Family Attached Dwelling (duplex, twin home, multiplex, townhome) | P | 2 per DU | — |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(f)
Landscaping and buffering.
Table 28-2-9-3, landscape standards, provides general standards for conventional neighborhood residential development in this zoning district. See § 28-3-27, bufferyards for more detailed provisions.
Table 28-2-6-3 Landscape Standards | Figure 28-2-9-2 Landscape Standards | |
|---|---|---|
Type of Tree | Min. per 50' Street Frontage | |
Deciduous or Evergreen1 | 1.0 | |
Ornamental | 1.0 | |
TABLE NOTES: |
|---|
The calculated number of trees must be rounded up to the nearest whole number. |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-10 Wallis Street planned unit development (WS).
See City of Fulshear, TX Ordinance 2018-1268.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-11 Suburban commercial district (SC).
(b)
Applicability.
The standards of this section apply to areas designated as suburban commercial on the future land use and character plan and denoted as SC on the official zoning map. Suburban commercial areas include small tracts of land situated adjacent to the suburban or semi-urban residential districts or within a planned development, for which the site and building are designed in the context of its low-density surroundings.
(c)
Dimensional standards.
Displayed in table 28-2-11-1, dimensional standards, are the standards for developing the uses listed below. The design standards for this district are in section 28-3-7, office park design.
Table 28-2-11-1 Dimensional Standards | |||
|---|---|---|---|
Standard | Requirements | Illustrative | |
Site Intensity | .tiff.png "028 Table 28-2-11-1(1).tiff") | ||
— | Maximum Gross Floor Area | 20,000 sf. | |
— | Floor Area Ratio (FAR) | 0.400 | |
— | Landscape Surface Ratio (LSR) | 0.30 | |
Minimum Lot | |||
A | Area | 5,500 sf. | |
B | Width | 60 ft. | |
Minimum Setbacks | |||
C | Building Front1 | 30 ft. | |
D | Building Interior Side2 | 10/20 ft. | |
E | Building Rear | 25 ft. | |
F | Building Street Side2 | 10/20 ft. | |
— | Parking3 | 15 ft. | |
Maximum Building | |||
— | Height | 35 ft. | |
.tiff.png "028 Table 28-2-11-1(2).tiff") | |||
TABLE NOTES: | |
|---|---|
1. | Parking is to be located to the side and rear of the building. Up to one bay of parking may be located in the front yard provided the street bufferyard requirement in Table 28-2-11-3, Landscape Standards, is increased by the next higher bufferyard class. |
2. | The first value is the standard when the property abuts a nonresidential and/or mixed-use district. The second value is the standard when the property abuts a residential district. |
3. | Parking within the street side yard requires an increase to the next higher bufferyard class. See § 28-3-27, Bufferyards. |
(d)
Land uses and off-street parking.
(1)
Use standards.
See division II-3, use standards, for additional requirements.
(2)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-11-2 Permitted Uses and Minimum Off-Street Parking Spaces | ||||
|---|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Maximum Spaces | Cross Reference |
Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | ||||
Hospitality | ||||
Bed and Breakfast Inn | C | 1 per guest room | 1 per guest room | § 28-2-16 |
Restaurant, Dine-In | P | 1 per 200 sf. GFA | 1 per 100 sf. GFA | — |
Office and Professional | ||||
Bank or Credit Union and Financial Services, No Drive-Through | P | 1 per 450 sf. GFA | 1 per 250 sf. of GFA | § 28-2-16 |
Medical Office/Clinic, Labs, and Urgent Care Center | C | 1 per 500 sf. GFA | 1 per 250 sf. GFA | § 28-2-16 |
Office, General | C | 1 per 400 sf. GFA | 1 per 250 sf. GFA | § 28-2-16 |
Retail and Service | ||||
Convenience Store without gas pumps | P | 1 per 400 sf. GFA | 1 per 200 sf. GFA | — |
Restaurant, Drive-Through | C | 1 per 250 sf. GFA | 1 per 150 sf. GFA | — |
Mobile Vendor/Food Truck | C | — | — | § 28-2-16 |
Mobile Vending/Food Truck Park | S | — | — | § 28-2-17 |
Grocery/Retail | P | 1 per 400 sf. GFA | 1 per 200 sf. GFA | — |
Dry Cleaning Establishment | P | 1 per 500 sf. GFA | 1 per 200 sf. GFA | — |
Massage Parlor | C | 1 per 400 sf. GFA | 1 per 200 sf. GFA | — |
Hemp and Cannabinoid sales including Smoke Shop | S | 1 per 250 sf. of GFA | 1 per 150 sf. GFA | — |
Public, Institutional, and Utility | ||||
Adult Day Care Center | P | 1 per 400 sf. GFA | 1 per 250 sf. GFA | — |
Government Office (Post Office, Administration) | P | 1 per 400 sf. GFA | 1 per 150 sf. GFA | — |
Day Care Center | P | 1 per employee + 1 per 8 students or if five stacking spaces in accordance with § 28-3-16, then only 1 per employee + 1 per 10 students | 1 per employee + 1 per 5 students or if five stacking spaces in accordance with § 28-3-16, then only 1 per employee + 1 per 8 students | — |
Governmental Service (Police, Fire, Emergency, Medical Services) | C | 1 per 300 sf. GFA | 1 per 250 sf. GFA | § 28-2-16 |
Library | P | 1 per 1,000 sf. GFA | 1 per 300 sf. of GFA | — |
Park and Outdoor Recreation, Non-Commercial | P | 2 per 1 acre; minimum of 10 | 5 per 1 acre; minimum of 10 | — |
Place of Assembly, Indoor | C | Greater of: 1 per 350 sf. or 1 per 4 seats in assembly area | Greater of: 1 per 200 sf. or 1 per 3 seats in assembly area | § 28-2-16 |
Automobile/Vehicle Wash | S | 1 per 4 bays for self-service washes; 1 per unattended automated wash; 5 per attended wash with detailing | 1 per 2 bays for self-service washes; 2 per unattended automated wash; 8 per attended wash with detailing | — |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(e)
Landscaping and buffering.
Displayed in table 28-2-11-3, landscape standards, are the landscape surface ratio, street and district bufferyard, interior parking, and foundation planting requirements. Refer to division III-3, buffering, landscaping, and screening, for more detailed provisions.
Table 28-2-11-3 Landscape Standards | Figure 28-2-11-2 Landscape Standards | ||
|---|---|---|---|
Standard | Required | Illustrative | |
Minimum Site Landscaping |  | ||
A | Pervious Area (%) | 30 | |
1 canopy tree, 2 small trees, and 2 shrubs per | 2,000 sf.1 | ||
Street Bufferyard Type | |||
B | Highway | C | |
Arterial Street | B | ||
Collector and Local Street | A | ||
District Bufferyard Type | |||
C | ER, MH, SR, SU, and PUD districts | A | |
GC, DD, and SO | B | ||
IN | C | ||
Interior Parking Island Landscaping | |||
D | 1 landscape island per "x" parking spaces2 | 15 | |
1 canopy tree in each landscape island per2,3 | 164 sf. | ||
Foundation Plantings | |||
Three shrubs, two ornamental grasses or two shrubs and three ornamental grasses per4 | 10 lf. | ||
TABLE NOTES: | |
|---|---|
sf. = square feet; | |
lf. = linear feet | |
1. | Measured for each 2,000 sf. or portion thereof |
2. | 164 sf. is equal to one 9' X 18' parking stall |
3. | Required in parking lot with 30 or more spaces; otherwise, the required landscaping must be placed around the parking perimeter |
4. | Required on building elevations parallel, or approximately parallel, to street right-of-way and parking lots |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-12 Suburban office (SO).
(b)
Applicability.
Suburban office areas include those for office buildings and complexes either on individual sites or within a corporate business park.
(c)
Dimensional standards.
Displayed in table 28-2-12-1, dimensional standards, are the standards for developing the uses listed below. The design standards for this district are in section 28-3-7, suburban office design.
Table 28-2-12-1 Dimensional Standards | |||
|---|---|---|---|
Standard | Requirements | Illustrative | |
Site Intensity |  | ||
— | Maximum Gross Floor Area | NA | |
A | Floor Area Ratio (FAR) - Surface Parking | 0.52 | |
Floor Area Ratio (FAR) - Structured Parking | 1.50 | ||
— | Common Open Space (min) | 0.30 | |
Minimum Lot | |||
B | Area | 9,000 sf. | |
C | Width | 80 ft. | |
Minimum Setbacks | |||
D | Front | 50 ft. | |
E | Interior Side | 20 ft. | |
F | Rear | 20 ft. | |
G | Street Side | 30 ft. | |
H | Parking1 | 25 ft. | |
Marking Building | |||
I | Height | 60 ft. | |
TABLE NOTES: | |
|---|---|
1. | Parking within the street side yard requires an increase to the next higher bufferyard class. See § 28-3-27, Bufferyards. |
(d)
Land uses and off-street parking.
(1)
Use standards.
See division II-3, use standards, for additional requirements.
(2)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-12-2 Permitted Uses and Minimum Off-Street Parking Spaces | |||
|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Cross Reference |
Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | |||
Hospitality | |||
Alcoholic Beverage Sales, On-Site Consumption | C | 1 per 100 sf. of GFA | § 28-2-16 |
Hotel, Full Service and Hotel, Residence | C | 1 per guest room + 1 per 300 sf. of meeting rooms, ballrooms, and administrative offices + 1 per 100 sf. of GFA of integrated restaurants and bars that are open to the public (if applicable) | § 28-2-16 |
Restaurant, Brew Pub, Winery or Distillery | C | 1 per 75 sf. of GFA | § 28-2-16 |
Restaurant, Dine-In | P | 1 per 100 sf. of GFA | — |
Mobile Vendor/Food Truck | C | § 28-2-16 | |
Mobile Vending/Food Truck Park | S | § 28-2-17 | |
Office and Professional | |||
Bank, or Credit Union, and Financial Services without Drive-Through | P | 1 per 300 sf. of GFA | — |
Hospital | P | .5 per bed + 1 space per full-and part-time employee | — |
Medical Office/Clinic, Lab, and Urgent Care Centers | P | 1 per 300 sf. of GFA | — |
Office, General | P | 1 per 300 sf. of GFA | — |
Research Laboratory | P | 1 per 300 sf. of GFA | — |
Public, Institutional, and Utility | |||
Adult Day Care Center | P | 1 per 400 sf. of GFA | — |
Day Care Center | P | 1 per employee + 1 per 8 students or if five stacking spaces in accordance with § 28-3-16, then only 1 per employee + 1 per 10 students | — |
Government Office (Post Office, Administration) | P | 1 per 300 sf. of GFA | — |
Governmental Service (Police, Fire, EMS) | P | — | — |
Library | P | 1 per 1,000 sf. of GFA | — |
Place of Assembly, Indoor | P | Greater of: 1 per 350 sf. or 1 per 4 seats in assembly area | — |
Recreation and Amusement | |||
Conference and convention center | C | 1 per 4 seats or 1 per 30 sf. if no permanent seats | § 28-2-16 |
Health and fitness club | C | 1 per 400 sf. of GFA | § 28-2-16 |
Massage Parlor | C | 1 per 400 sf. of GFA | § 28-2-16 |
Retail and Service | |||
Convenience Store without gas pumps | P | 1 per 400 sf. of GFA | — |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(e)
Landscaping and buffering.
Displayed in table 28-2-12-3, landscape standards, are the landscape surface ratio, street and district bufferyard, interior parking, and foundation planting requirements. Refer to, division IV-2, buffering, landscaping, and screening, for more detailed provisions.
Table 28-2-12-3 Landscape Standards | |||
|---|---|---|---|
Standard | Required | Illustrative | |
Minimum Site Landscaping |  | ||
A | Pervious Area (%) | 30 | |
1 canopy tree, 2 small trees, and 2 shrubs per | 2,000 sf.1 | ||
Street Bufferyard Type | |||
B | Arterial Street | B | |
Collector Street | A | ||
District Bufferyard Type | |||
C | ER, SR, SU, MH, and PUD districts | B | |
GC, DD, SC, and IN | A | ||
Interior Parking Island Landscaping | |||
D | 1 canopy tree in each landscape island per | 164 sf.3 | |
Foundation Plantings | |||
Three shrubs, two ornamental grasses or two shrubs and three ornamental grasses per2 | 10 lf. | ||
TABLE NOTES: | |
|---|---|
sf. = square feet; | |
lf. = linear feet | |
1. | Measured for each 2,000 sf. or portion thereof |
2. | Required on building elevations parallel, or approximately parallel, to street right-of-way, parking lots, and drive-through lanes |
3. | 164 sf. is equal to one 9' × 18' parking stall. |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-13 Downtown district (DD).
(b)
Applicability.
(1)
Character.
The character of the downtown district (DD) is established by the types of buildings, where they're placed on a lot, and the context of these buildings in relation to one another and to the street. The buildings provide for a variety of land uses subject to the functional design of buildings, streets, and civic spaces as set out by the standards of this section.
(2)
Future land use.
The DD is designated as urban mixed-use on the future land use and character plan.
(c)
Building standards and building types.
Displayed in table 28-2-13-1, building standards, and figure 28-2-13-1, building frontage types, are the standards for developing the uses listed below. The design standards for this district are found in section 28-2-13, downtown district.
Table 28-2-13-1 Building Standards | ||||||||
|---|---|---|---|---|---|---|---|---|
Building Types | SF Detached | SF Attached | Townhome | Mixed-Use | ||||
Single-Family | Patio | Duplex | Twin Home | Retail | Mixed-Use | |||
Building Frontage | OY/PO | OY/PO | OY/PO | OY/PO | PO | AG/SF | AG/FC/SF | |
Legend: OY = Open Yard; PO = Porch; FC = Forecourt; SF = Storefront; AG = Arcade/Gallery; See Figure 28-2-13-1, Building Frontage Types. | ||||||||
Maximum Density and Bulk | ||||||||
— | Units Per Acre1 | 6.5/6.0 | 8.6/8.0 | 9.7/8.8 | 9.7/8.8 | 15.5/14.0 | 45.0 | 75.0 |
Floor Area Ratio (FAR) | — | — | — | — | — | 1.85 | 2.70 | |
Minimum Lot (per dwelling unit)8 | ||||||||
— | Area (square feet) | 6,000 | 4,500 | 4,000 | 4,000 | 2,500 | 1,500 | — |
— | Width (feet) | 50 | 45 | 40 | 80 | 25 | 35 | — |
Minimum Building Setbacks (feet) | ||||||||
C | Front2,3 | 25/19 | 25/19 | 25/19 | 25/19 | 6 - 8 | 0 - 54, 7 | 0 - 5 |
D | Interior Side3,5 | 5 | 5/0 | 12 | 7.5/0 | 7.5 | 7.5/0 | 7.5 | 8 | 0 | 15 | 0 - 5 |
E | Street Side | 20 | 20 | 20 | 20 | 12 | 0 - 54 | 0 - 5 |
F | Rear6 | 20 | 15 | 15 | 15 | 20 | 25 | 0 |
— | Abutting SR or SU | equal to applicable setback of SR, or SU | 25 | 30 | 30 | |||
Maximum Building | ||||||||
G | Coverage (percent) | 0.40 | 0.45 | 0.55 | 0.45 | 0.65 | see FAR above4 | |
H | Height (feet) | 35 | 35 | 35 | 35 | 35 | 45 | 45 |
Frontage (See Figure 28-2-13-2, Building Frontage Types) | ||||||||
I | Forecourt (1) Depth and (2) Width (feet) | 10/12 | ||||||
J | Storefront Canopy/Awning (1) Depth, (2) Setback from Curb and (3) Clearance (feet/percent/feet) | 4/75/8 | 4/75/8 | |||||
K | Gallery/Arcade (1) Ground Floor Height, (2) Upper Floor Height and (3) Total Height (feet) | 11/9/20 | 11/9/20 | |||||
NOTES | |
|---|---|
1. | Density without/with alleys. |
2. | Where the front setbacks of existing dwellings are less than 25', the front setback of an infill lot may be the average of the dwellings along the block face; excluding the infill lot. |
3. | Where two numbers are divided by "/", they represent the setbacks for the Open Yard (OY) and Porch (PO) frontage types; when divided by "-", they represent a build-to range; and when divided by "|", they represent a zero interior side yard on one site and × feet on the other interior side setback. |
4. | Multiple Retail Sales and Service uses located on a single parcel shall be arranged in clusters of multiple attached buildings and with internal drives. Buildings shall be arranged so that there is a minimum eight-foot and maximum 15-foot walkway along the front and sides of each cluster of buildings. No such cluster shall exceed 20,000 square feet in gross floor area without meeting the regulations found in section 28-2-16(f)(10)a. |
5. | Patio homes, duplexes, twin homes, and townhomes have a common party wall and zero setback on one interior side. |
6. | A minimum of 20 feet is required for head-in parking along an alley. |
7. | A front setback of 10 feet shall be permitted only if all automobile parking is provided for in the back of the building. |
8. | Minimum area and minimum width requirements are per unit requirements. |
9. | Government Service (Police, Fire, EMS) are exempt from the front setback requirements. |
*The applicable building types must take primary access to these street types; secondary access may be to a collector street. | |
Figure 28-2-13-1 Building Frontage Types | |
|---|---|
Open Yard (OY) | Porch (PO) |
 |  |
Forecourt (FC) | Forecourt (FC) |
|---|---|
 |  |
Storefront (SF) | Arcade/Gallery (AG) |
|---|---|
 |  |
(d)
Street types.
The cross sections adopted in the city's master thoroughfare plan (MTP) and as shown in subsection 28-4-4.D, street types, are not applicable to the DD.
(e)
Alleys.
Homes may front on an alley in the DD provided that the requirements of subsection 28-4-5(c), alleys, is met.
(f)
Land uses and off-street parking.
Table 28-2-13-2, permitted uses and minimum off-street parking spaces, shows the uses and use categories that are permitted by-right, as limited, or as special uses. See section 28-2-16 conditional use standards for additional requirements. Any unlisted use category in table 28-2-13-2 is prohibited in this zoning district. See section 28-3-15, off-street parking and loading for more detailed provisions.
Table 28-2-13-2 Permitted Uses and Minimum Off-Street Parking Spaces | |||
|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Cross-Reference |
Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | |||
Residential | |||
Patio Home | C | 2 per dwelling unit | — |
Single-Family Attached Dwelling (duplex, twin home) | C | 2 per dwelling unit | — |
Townhome | C | 1.5 per dwelling unit | — |
Apartment | C | 1.5 per dwelling unit | § 28-2-16 |
Commercial and Mixed-Use | |||
Alcoholic Beverage Sales, On-site consumption | C | 1 per 100 sf. GFA | § 28-2-16 |
Alcoholic Beverage Sales, Off-site consumption | S | 1 per 100 sf. GFA | § 28-2-17 |
Dry Cleaning Establishment | C | 1 per 500 sf. of GFA | — |
Gas Station | S | 1 per 600 sf. including service bays, wash tunnels, and retail areas | § 28-2-17 |
Grocery/Retail | C | 1 per 400 sf. of GFA | § 28-2-16 |
Hemp and Cannabinoid Sales, including Smoke Shop | S | 1 per 250 sf. of GFA | — |
Hotel Full Service or Inn | P | .8 per guest room + 1 per 600 SF public meeting area and restaurant space | — |
Mixed-Use | P | Refer to the highest requirement of all of the uses within the proposed development | — |
Massage Parlor | C | 1 per 400 sf. of GFA | § 28-2-16 |
Restaurant, Brewpub, Winery or Distillery | C | 1 per 150 sf. GFA | — |
Mobile Vendor/Food Truck | C | — | § 28-2-16 |
Mobile Vending/Food Truck Park | S | — | § 28-2-17 |
Restaurant, Dine-In, no Drive-Thru | P | 1 per 250 sf. of GFA | — |
Restaurant, Drive-Through | C | 1 per 250 sf GFA | § 28-2-16 |
Office and Professional | |||
Bank, or Credit Union and Financial Services without Drive-Through | P | 1 per 300 sf. GFA | — |
Medical Office/Clinic, Labs, Urgent Care Center | P | 1 per 500 sf. GFA | — |
Office, General | P | 1 per 400 sf. of GFA | — |
Veterinary Clinic, Small Animal | C | 1 per 600 sf. GFA | § 28-2-16 |
Public, Institutional, and Utility | |||
Art Gallery/Museum | P | N/A | — |
Assisted Living or Nursing Home | S | 0.3 per bed + 0.75 per employee | — |
Day Care Center | C | 1 per employee + 1 per 8 students or if five stacking spaces in accordance with § 28-3-16, then only 1 per employee + 1 per 10 students | — |
Government Office (Library, Post Office, Administration) | P | 1 per 400 sf. GFA | — |
Government Service (Police, Fire, EMS) | C | — | § 28-2-16 |
Parks and Out-door Recreation, Noncommercial | P | 2 per 1 acre; minimum of 10 spaces | — |
Place of Assembly, Indoor | C | Greater of: 1 per 350 sf. or 1 per 4 seats in assembly area | § 28-2-16 |
Recreation and Commercial Amusement, Outdoor | C | 1 per 6 seats or 1 per 30 sf. if no permanent seats | § 28-2-16 |
Recreation and Commercial Amusement, In-door | C | 1 per 4 seats; or if no seats; 1 space per 150 sf. of GFA | § 28-2-16 |
TABLE NOTES: |
|---|
1. sf. = square feet; |
2. GFA = Gross Floor Area |
3. All single-family-detached dwelling units existing prior to March 18, 2025, and notwithstanding Article V of the Coordinated Development Ordinance, shall be allowed to continue to apply for permits as it relates to the reconstruction, repair, or modification of such unit, so long as all other zoning regulations are adhered to. |
(g)
Off-street parking reductions.
Within the DD district only, remote parking including structured parking may be provided on another parcel and qualify for off-street parking subject to:
(1)
Access to the parcel proposed for development shall be on a property that is reasonably accessible to the parcel proposed for development;
(2)
The distance from the parcel proposed for development to the remote parking lot shall not exceed 1,200 feet; and
(3)
Shall be located in the interior portion of the property and when visible from the right-of-way, the parking lot shall contain a wall or fence accompanied with appropriate landscaping.
(h)
Landscaping and buffering.
Provided in table 28-2-13-3, landscape standards, is the standards for development in this district on properties less than two acres in lot area. See section 28-3-26, planting standards, for more detailed provisions.
Table 28-2-13-3 Landscape Standards | Figure 28-2-13-2 Landscape Standards | |
|---|---|---|
Single-family Detached |  | |
One canopy tree per "x" feet of street frontage | 30 ft. | |
One canopy tree per dwelling unit | — | |
Single-Family Attached | ||
One canopy per "x" feet of street frontage | 30 ft. | |
One canopy tree per dwelling unit | — | |
Multiple-Family (Apartment) | ||
Pervious Area (min.) | 25% | |
One canopy per "x" feet of street frontage1 | 20 ft. | |
3 shrubs, 2 ornamental grasses or a combination per "x" linear feet of foundation2 | 10 lf. | |
1 canopy tree, 2 small trees, and 2 shrubs per "x" square feet of pervious area | 2,500 sf. | Commercial Buildings .tiff.png "028 Figure 28-2-13-2(2).tiff") |
One landscape island per "x" parking spaces3 | 15 | |
Bufferyard Type4 | A | |
Commercial and Mixed-Use | ||
Pervious Area | 5% | |
One canopy tree per "x" feet of street frontage | 25 ft. | |
1 canopy tree, 2 small trees, and 2 shrubs per "x" square feet of pervious area | 2,500 sf. | |
TABLE NOTES: | |
|---|---|
1. | Tree wells in the public right-of-way may count toward the LSR with approval of the Public Works Director. |
2. | Required along the foundation of building elevations parallel, or approximately parallel, to street right-of-way and parking lots. |
3. | A landscape island must be no less than 164 sf., which must include one canopy tree and shrubs or groundcover. |
4. | Required when adjacent to a street or an ER or SR district. (See § 28-3-7, Bufferyards) |
(i)
Signs.
(1)
Permitted sign types.
The sign types listed in table 28-2-13-4, permitted sign types, are permitted only if the requirements of division III-4, signs, are met.
(2)
Prohibited sign types.
Sign types not listed are prohibited in this zoning district.
Table 28-2-13-4 Permitted Sign Types | ||
|---|---|---|
Sign Type | Nonresidential and Mixed Use | Standards |
Access | P | |
Awning | P | |
Hanging | P | |
Marquee | P | |
Projecting | P | |
Wall | P | |
Window | P | |
Temporary | P | |
TABLE NOTES: |
|---|
P = Permitted and sign permit required |
(j)
Harris Street.
Structures fronting along Harris Street shall not include residential uses on the first floor.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025; Ord. No. 2025-1485, 5-6-2025)
§ 28-2-14 General commercial district (GC).
(b)
Applicability.
The standards of this section apply to areas designated as general commercial on the future land use and character plan and denoted as GC on the official zoning map. General commercial areas include those for single-use and multi-tenant sites that vary in scale from individual sites, shopping centers, and big-box stores.
(c)
Dimensional standards.
Displayed in table 28-2-14-1, dimensional standards, are the standards for developing the uses listed below. The design standards for this district are in section 28-3-7, general commercial design.
Table 28-2-14-1 Dimensional Standards | |||
|---|---|---|---|
Standard | Requirements | Illustrative | |
Site Intensity |  | ||
A | Maximum Gross Floor Area | 200,000 sf. | |
— | Floor Area Ratio (FAR) | 0.37 | |
— | Landscape Surface Ratio (LSR) | 0.25 | |
Minimum Lot | |||
B | Area | 7,500 sf. | |
C | Width | 70 ft. | |
Minimum Setbacks | |||
D | Front | 25 ft. | |
E | Interior Side1 | 10/20 ft. | |
F | Rear1 | 10/20 ft. | |
G | Street Side2 | 25 ft. | |
H | Parking3 | 25/15 ft. | |
Marking Building | |||
I | Height | 60 ft. | |
Height Adjacent to Residential | 35 ft. | ||
TABLE NOTES: | |
|---|---|
1. | The first value is the standard when the property abuts a nonresidential and/or mixed-use district. The second value is the standard when the property abuts a residential district. |
2. | Parking within the street side yard requires an increase to the next higher bufferyard class. See § 28-3-27, Bufferyards. |
3. | The first value is the standard when the property abuts a highway or arterial street. The second value is the standard when the property abuts a street with a classification below highway or arterial. |
(d)
Land uses and off-street parking.
(1)
Use standards.
See division II-3, use standards, for additional requirements.
(2)
Parking standards.
See division III-2, parking, loading, and access, for more detailed provisions.
Table 28-2-14-2 Permitted Uses and Minimum Off-Street Parking Spaces | ||||
|---|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Maximum Spaces | Cross Reference |
Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | ||||
Automotive | ||||
Automobile, Motorcycle, and Farming Vehicle Rental1 | P | 1 per 500 sf. GFA | 1 per 200 sf. GFA | — |
Automobile/Motorcycle Parts and Accessories Sales | P | 1 per 500 sf. GFA | 1 per 200 sf. GFA | — |
Automobile/Vehicle Wash | P | 1 per 4 bays for self-service washes; 1 per unattended automated wash; 5 per attended wash with detailing services | 1 per 2 bays for self-service washes; 2 per unattended automated wash; 8 per attended wash with detailing services | — |
Automobile/Motorcycle Repair, Light | P | 3 per vehicle bay | 5 per vehicle bay | — |
Gas Station | C | 1 per 400 SF GFA | 1 per 200 SF GFA | — |
Hospitality | ||||
Alcoholic Beverage Sales, Off-Site Consumption | C | 1 per 400 sf. | 1 per 200 sf. GFA | § 28-2-16 |
Alcoholic Beverage Sales, On-Site Consumption | C | 1 per 200 sf. | 1 per 100 sf. GFA | § 28-2-16 |
Hotel, Full Service and Hotel, Residence | C | .8 per guest room + 1 per 600 sf. public meeting area and restaurant space | 1 per guest room + 1 per 400 sf. public meeting area and restaurant space | § 28-2-16 |
Restaurant, Brewpub, Winery or Distillery | C | 1 per 150 SF GFA | 1 per 75 sf. GFA | § 28-2-16 |
Restaurant, Dine-In | P | 1 per 200 SF GFA | 1 per 100 sf. GFA | — |
Restaurant, Drive-Through | C | 1 per 250 SF GFA | 1 per space 150 SF GFA | § 28-2-16 |
Mobile Vendor/Food Truck | C | — | — | § 28-2-16 |
Mobile Vending/Food Truck Park | S | — | — | § 28-2-17 |
Office and Professional | ||||
Bank, or Credit Union, and Financial Services with Drive-Through | C | 1 per 450 sf. GFA | 1 per 250 sf. GFA | § 28-2-16 |
Bank, or Credit Union, and Financial Services without Drive-Through | P | 1 per 450 sf. GFA | 1 per 250 sf. GFA | — |
Hospital | P | .5 per bed + 1 per full-and part-time employee | 1 per bed + 1.5 per full-and part-time employee | — |
Medical Office/Clinic, Labs, and Urgent Care Center | P | 1 per 500 sf. GFA | 1 per 250 sf. GFA | — |
Office, General | P | 1 per 400 sf. GFA | 1 per 250 sf. GFA | — |
Research Laboratory | P | 1 per 1,000 sf. GFA | 1 per 300 sf. GFA | — |
Public, Institutional, and Utility | ||||
Adult Day Care Center | P | 1 per 600 sf. of GFA | 1 per 250 sf. of GFA | — |
Airport/Heliport | S | See § 28-3-19, Special Studies | — | — |
Art Gallery/Museum | P | N/A | 1 per 350 sf. of GFA | — |
Assisted Living or Nursing Home | P | 0.3 per bed + 0.75 per employee | 1 per bed + 1 per employee | — |
Cemetery/Funeral Services | S | N/A | N/A | — |
Day Care Center | P | 1 per employee + 1 per 8 students or if five stacking spaces in accordance with § 28-3-16, then only 1 per employee + 1 per 10 students | 1 per employee + 1 per 5 students or if five stacking spaces in accordance with § 28-3-16, then only 1 per employee + 1 per 8 students | — |
Government Office (Post Office, Administration) | P | 1 per 400 sf. GFA | 1 per 150 sf. GFA | — |
Governmental Service (Police, Fire, EMS) | P | 1 per 300 sf. GFA | 1 per 150 sf. GFA | — |
Library | P | 1 per 1,000 sf. | 1 per 300 sf. of GFA | — |
Park and Outdoor Recreation, Non-Commercial | P | 2 per 1 acre; minimum of 10 | 5 per 1 acre; minimum of 10 | — |
Place of Assembly, Indoor | P | Greater of: 1 space per 350 sf. or 1 per 4 seats in the assembly area | Greater of: 1 per 200 sf. or 1 per 3 seats in the assembly area | — |
School, High or Vocational | P | 1 per employee + 1 per four students | 1 employee + 1 per two students | — |
School, Primary | P | 1 per employee + 1 per five students | 1 employee + 1 per three students | — |
Water Storage Facility | C | 1 per employee on largest shift | 0.75 per employee on largest shift | § 28-2-16 |
Wireless Communications Tower | S | 1 per tower | 3 per tower | |
Recreation and Amusement | ||||
Amphitheater or Outdoor Performance Venue | C | 1 per 6 seats or 1 per 50 sf. if no permanent seats | 1 per 4 seats or 1 per 30 sf. if no permanent seats | § 28-2-16 |
Conference and Convention Center | C | See § 28-3-19, Special Studies | § 28-2-16 | |
Driving Range, Freestanding | C | 1 per 3 pads or 1 per 300 sf. of play area if no pads | 1 per 1 pad or 1 per 100 sf. of play area if no pads | § 28-2-16 |
Golf Course | C | 5 per hole | 10 per hole | § 28-2-16 |
Health and Fitness Club | C | 1 per 400 sf. | 1 per 200 sf. | § 28-2-16 |
Massage Parlor | C | 1 per 400 sf. | 1 per 200 sf. | § 28-2-16 |
Recreation and Amusement, Indoor (other than listed) | C | 1 per 6 seats or 1.5 per 450 sf. of GFA if no permanent sears | 1 per 4 seats or 1.5 per 150 sf. of GFA if no permanent seats | § 28-2-16 |
Recreation and Amusement, Outdoor (other than listed) | C | 1 per 1,000 sf. outdoor recreation area | 1 per 500 sf. outdoor recreation area | § 28-2-16 |
Shooting or Archery Range, Indoor | C | 1 per 3 bays or 1 per 100 sf. of firing area if no pads | 1 per pad or 1 per 100 sf. of firing area if no pads | § 28-2-16 |
Retail and Service | ||||
Department Store | P | 1 per 500 sf. of GFA | 1 per 200 sf. of GFA | — |
Dry Cleaning Establishment | P | 1 per 500 sf. GFA | 1 per 200 sf. GFA | — |
Greenhouse/Nursery | C | 1 per 500 sf. of retail area | 1 per 200 sf. of retail area | § 28-2-16 |
Hardware Store | P | 1 per 500 sf. of GFA | 1 per 200 sf. of GFA | — |
Hemp and Cannabinoid Sales, including Smoke Shop | S | 1 per 250 sf. of GFA | 1 per 150 sf. GFA | — |
Home Furnishing Store | P | 1 per 1,000 sf. of GFA | 1 per 500 sf. GFA | — |
Kennel/Animal Shelter | C | 1 per 600 sf. of GFA | 1 per 200 sf. of GFA | § 28-2-16 |
Lumber Yard | C | 1 per 500 sf. of GFA | 1 per 300 sf. of GFA | § 28-2-16 |
Grocery/Retail | P | 1 per 400 sf. of GFA | 1 per 200 sf. GFA | — |
Shopping Center | P | 1 per 350 sf. of GFA | 1 per 200 sf. GFA | — |
Veterinary Clinic, Small Animal | P | 1 per 600 sf. of GFA | 1 per 300 sf. GFA | — |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
1 Does not include a parking space for each rental vehicle. |
(e)
Landscaping and buffering.
Displayed in table 28-2-14-3, landscape standards, are the landscape surface ratio, street and district bufferyard, interior parking, and foundation planting requirements. Refer to, division IV-2, buffering, landscaping, and screening, for more detailed provisions.
Table 28-2-14-3 Landscape Standards | |||
|---|---|---|---|
Standard | Required | Illustrative | |
Minimum Site Landscaping |  | ||
A | Pervious Area (%) | 25 | |
One canopy tree, two small trees, and two shrubs per1 | 2,500 sf. | ||
Street Bufferyard Type | |||
B | Highway | C | |
Arterial Street | B | ||
Collector and Local Street | A | ||
District Bufferyard Type | |||
C | ER, SR, SU, MH, and PUD districts | B | |
SC, DD, and SO | A | ||
IN | C | ||
Interior Parking Island Landscaping | |||
D | One landscape island per "x" parking spaces2 | 10/10 | |
One canopy story tree, 4 shrubs, and groundcover per3 | 164 sf. | ||
Foundation Plantings | |||
Three shrubs, two ornamental grasses or two shrubs and three ornamental grasses per4 | 10 lf. | ||
TABLE NOTES: | |
|---|---|
sf. = square feet; | |
lf. = linear feet | |
1. | Measured for each 2,500 sf. or portion thereof |
2. | Required for parking lots in the front and street side setbacks/required for interior side and rear parking lots that do not face a public street |
3. | 164 sf. is equal to one 9' times 18' parking stall |
4. | Required on building elevations parallel, or approximately parallel, to street right-of-way, parking lots, and drive-through lanes |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-15 Industrial district (IN).
(b)
Applicability.
The standards of this section apply to areas designated as industrial on the future land use and character plan and denoted as IN on the official zoning map. Industrial areas include those for light manufacturing, product assembly, and warehousing that are within a business park setting and where operations, activities, and storage or all conducted indoors.
(c)
Dimensional standards.
Displayed in table 28-2-15-1, dimensional standards, are the standards for developing the uses listed below.
Table 28-2-15-1 Dimensional Standards | |||
|---|---|---|---|
Standard | Requirements | Illustrative | |
Site Intensity |  | ||
A | Floor Area Ratio (FAR) | 0.450 | |
— | Landscape Surface Ratio (LSR) | 0.15 | |
Minimum Lot | |||
B | Area | 10,000 sf. | |
C | Width | 70 ft. | |
Minimum Setbacks | |||
D | Front | 30 ft. | |
E | Interior Side1 | 15/20 ft. | |
F | Rear1 | 15/20 ft. | |
G | Street Side | 30 ft. | |
H | Parking2 | 10 ft. | |
Marking Building | |||
I | Height | 45 ft. | |
TABLE NOTES: | |
|---|---|
1. | The first value is the standard when the property abuts a nonresidential and/or mixed-use district. The second value is the standard when the property abuts a residential district. |
2. | Refer to § 28-3-27, Bufferyards |
(d)
Land uses and off-street parking.
(2)
Parking standards.
Refer to section 28-3-14, off-street parking and loading, for more detailed provisions.
Table 28-2-15-2 Permitted Uses and Minimum Off-Street Parking Spaces | |||
|---|---|---|---|
Use Category | Use Type | Minimum Spaces | Cross Reference |
Legend: P = Permitted; C = Conditional; S = Specific; All other uses refer to § 28-2-20, New, Unlisted, and Prohibited Land Uses | |||
Automobile | |||
Automobile/Motorcycle Parts and Accessories Sales | P | 1 per 500 sf. GFA | — |
Auto Body Repair | P | 3 per vehicle bay | — |
Gas Station | P | 1 per 600 sf. including service bays, wash tunnels, and retail areas | — |
Mobile Vendor/Food Truck | C | — | § 28-2-16 |
Mobile Vending/Food Truck Park | S | — | § 28-2-17 |
Manufacturing, Warehousing, and Wholesale | |||
Contractor's Shop and/or Service Yard | P | 1 per 500 sf. of GFA and/or storage yard | — |
Drill Site | S | 1 per employee on the largest shift | § 28-2-17 |
Heavy Machinery Sales and Rentals | C | 1 per 250 sf. of GFA + 1 per 1,000 sf. of outdoor sales or display area | § 28-2-16 |
Junkyard, Salvage Yard, and Wrecking Yard | S | 1 per 10,000 sf. of GFA of the storage yard | § 28-2-17 |
Landfill | S | 1 per employee on the largest shift | § 28-2-17 |
Manufacturing, Heavy | S | 1 per employee on the largest shift | § 28-2-17 |
Manufacturing, Light | P | 1 per employee on the largest shift | — |
Warehousing and Storage | P | 1 per 300 sf. of office area plus 1 space per 1,000 sf. of warehouse | — |
Office and Professional | |||
Medical Lab | P | 1 per 300 sf. of GFA | — |
Office, General | C | 1 per 300 sf. of GFA | — |
Public, Institutional, and Utility | |||
Governmental Service (Police, Fire, EMS) | P | — | — |
Park and Outdoor Recreation, Non-Commercial | P | 1 per 2 acres; minimum of 10 | — |
Passenger Terminal | P | 1 per 400 sf. of GFA | — |
Place of Assembly, Indoor | P | 1 per 350 sf. or 1 per 4 seats in the assembly area, whichever is greater | — |
Power Generation, Transmission, and Distribution (includes large solar collectors and windmills) | S | 1 per employee on the largest shift | § 28-2-17 |
School, High or Vocational | C | 1 per employee + 1 per four students | § 28-2-16 |
Water and/or Sewage Treatment Plant | P | 1 per employee on the largest shift | — |
Water Storage Facility | C | 1 per employee on the largest shift | § 28-2-16 |
Wireless Communications Tower | S | 1 per tower | |
Recreation and Amusement | |||
Gambling/Gaming Facility | C | 1 per 250 sf. of GFA | § 28-2-16 |
Sexually Oriented Business | S | 1 per 250 sf. of GFA | § 28-2-18 |
Retail and Service | |||
Alternative Financial Service | C | 1 per 250 sf. of GFA | § 28-2-16 |
Hemp and Cannabinoid Sales, including Smoke Shop | C | 1 per 250 sf. of GFA | § 28-2-17 |
Lumber Yard | C | 1 per 500 sf. of GFA | § 28-2-16 |
Pawn Shop | C | 1 per 250 sf. of GFA | § 28-2-16 |
Psychic, Tarot, and Palm Reader Services | C | 1 per 250 sf. of GFA | § 28-2-16 |
Tattoo Parlor and Body Piercing Establishments | C | 1 per 250 sf. of GFA | § 28-2-16 |
Veterinary Clinic, Large Animal | C | 1 per 600 sf. of GFA | § 28-2-16 |
Dry Cleaning Facility | S | 1 per employee | § 28-2-17 |
TABLE NOTES: |
|---|
sf. = square feet; |
GFA = Gross Floor Area |
(e)
Landscaping and buffering.
Table 28-2-14-3, landscape standards, provides general standards for this zoning district. See section 28-3-27, trees, landscaping, and buffering, for more detailed provisions.
Table 28-2-15-3 Landscape Standards | |||
|---|---|---|---|
Standard | Required | Illustrative | |
Minimum Site Landscaping |  | ||
A | Pervious Area (%) | 15 | |
Street Bufferyard Type | |||
B | Arterial Street | B | |
Collector Street | B | ||
Local Street | A | ||
District Bufferyard Type | |||
C | ER, SR, SU, MH, and PUD districts | C | |
GC, DD, SO, and SC | B | ||
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2025-1481, 3-18-2025)
§ 28-2-16 Conditional use standards.
(a)
Purpose.
The purpose of this section is to promote compatibility among land uses by establishing standards for the conditional uses indicated in the use tables in division II-2, zoning districts.
(b)
Application.
(1)
Generally.
Uses shown as conditional may be approved only if they meet the standards of this article and other applicable standards and requirements of this CDO.
(2)
Timing of compliance.
These standards apply at the time a conditional use is requested for an existing or new structure, or when an existing conditional use is proposed to be expanded by more than ten percent of the gross square footage currently devoted to the use.
(3)
Expansions.
This section applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof.
(4)
Uses not listed.
If there are conditional uses specified in division II-2, zoning districts, that are not included in this section, all applicable standards of this CDO shall apply.
(5)
Procedures.
For conditional uses, the administrator shall use the criteria set out in this section to determine whether to authorize a land use requested by an applicant or whether to recommend it for a decision of the planning and zoning commission.
(c)
Standards for residential uses.
(1)
Apartments in the semi-urban (SU) district.
Apartment buildings and complexes are permitted within a planned neighborhood subject to its standards and procedures.
(2)
Apartments in the Downtown District (DD).
Apartments are permitted in the Down-town District provided that the density does not surpass what is allowed in the SU District. An additional increase of 10 units per acre is allowed within 150 feet of Harris Street. Additionally, 70 percent of all units must be above a commercial use and not located on the ground floor. Ground floor units shall not be visible from FM 1093, Huggins Road, Wallis Street, Harris Street, Katy-Fulshear Road, or FM 359.
(3)
Child care, family home and child care facility, group home.
a.
The operator shall meet all the certification, licensing, and/or monitoring requirements of the State of Texas;
b.
The operator shall comply with all home occupation requirements; and
c.
Signage is restricted to a single two square foot non-illuminated placard or nameplate that must be affixed flat against the exterior wall of the home.
(4)
Single-family attached, patio homes, and townhomes in the Down-town District (DD).
The use is permitted:
a.
Provided that it is within 500 feet of any combination of existing or permitted structures used for any two or more of the following uses or parcels restricted by either recorded plat or general plan approved by the City Council to any two or more of the following uses:
i.
A park;
a)
Common public space which contains a minimum of one active recreational apparatus or Common public green space that includes the preservation of one or more trees that are 12 inches or greater in diameter at breast height and make up 10% of the overall property by dripline area;
ii.
A commercial business;
iii.
A school;
iv.
A place of worship;
v.
Public Institution such as a courthouse, library, museum, or municipal facility.
b.
If the ground floor area of each unit is less than 1,000 sq. ft. in size;
c.
If the building's are oriented around a common green space;
d.
If parking is situated towards the rear or interior of the property
(d)
Standards for agricultural uses.
(1)
Kennel/animal shelter.
A kennel with one or more dog runs must comply with the following standards:
a.
A type B bufferyard (See section 28-3-27, bufferyards) with an opaque fence or wall is required along the property line of any residential district and adjacent to a public street;
b.
The use is located at least 100 feet from all other residential districts;
c.
The run(s) may not be used after 9:00 p.m. or before 7:00 a.m.;
d.
The minimum lot area is one acre;
e.
In a multi-tenant building, ventilation systems shall control odors and allergens and prevent their circulation into other parts of the building; and
f.
Fencing does not exceed six feet in height or eight feet in the IN district.
(2)
Stable.
A stable shall be located no less than 100 feet from any property line.
(e)
Standards for public, institutional, and utility uses.
(1)
Day care center/pre-school.
a.
The operator shall meet all the certification, licensing, and/or monitoring requirements of the State of Texas;
b.
No portion of a day care center/preschool site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials;
c.
All outdoor activities shall be located a minimum of 50 feet from any residential use and separated by 50 feet and a type B bufferyard (See section 28-3-27, bufferyards) from any other residential district; and
d.
There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.
e.
Day care centers/preschools located within the Downtown District shall maintain a pedestrian sense of scale, including limited use of vehicular features. Drive-throughs are prohibited.
(3)
Place of assembly, indoor.
a.
Expansion of the use meets the following criteria and standards:
b.
The use must be located in a permanent structure.
c.
The use is conducted such that it does not create parking or traffic congestion or unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; and
d.
In the ER, SR, and SU districts, the use complies with table 28-2-16, standards for places of assembly.
Table 28-2-16 Standards for Places of Assembly | |||
|---|---|---|---|
Standard | Zoning District | ||
ER | SR | SU | |
Min. Lot Area | 3 ac. | 0.5 ac. | 20,000 sf. |
Min. Lot Width | 200 ft. | 90 ft. | 70 ft. |
Min. Building Setbacks (all sides) | 20 ft. | 35 ft. | Same as underlying district |
Required Access | Collector Street | Collector or Arterial Street | Arterial Street or Highway |
Required bufferyard along residential property lines | Type A | Type B | Type C |
(f)
Standards for commercial uses.
(2)
Alternative financial services.
The use:
a.
Shall not be located on a site that is within:
i.
1,000 feet of a site that contains another tobacco specialty store use;
ii.
200 feet of a property in a district in which a residential use is allowed or located;
iii.
300 feet of a place of assembly, school, or hospital; and
iv.
500 feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.
b.
Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.
(3)
Automobile and vehicle wash.
a.
Ordering/pay stations facing abutting residentially zoned or used property shall be buffered with a type B bufferyard (See section 28-3-27, bufferyards);
b.
Each vehicle wash bay shall provide a minimum of three stacking spaces per vehicle wash bay;
c.
Stacking spaces shall measure eight feet by 20 feet with direct forward access to any payment station and wash bays, which does not occupy any circulation driveway, required off-street parking space, or maneuvering area;
d.
Use a water reclamation system to collect a minimum of 50% of the water used; and
e.
Not be located within 2,500 feet of another automobile/vehicle wash.
(4)
Bank, credit union, and financial services.
When including a drive-through facility the facility shall:
a.
Not be located within the front yard;
b.
Customer service stations facing abutting residentially zoned or used property shall be buffered with a type B bufferyard (see section 28-3-27, bufferyards);
c.
Each service window or station, human or mechanical, shall provide a minimum of five stacking spaces; and
d.
Stacking spaces shall measure eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.
(5)
Conference and convention center.
If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.
(6)
Driving range, freestanding.
If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.
(7)
Gas stations/service stations.
The use
a.
Shall have an alternate emergency power source such as a generator or to maintain full operation;
(8)
Gambling/gaming facility.
The use
a.
May not be located on a site that is within:
i.
One thousand feet of a site that contains another gaming establishment;
ii.
Two hundred feet of a property in a district in which a residential use is allowed or located;
iii.
Three hundred feet of a place of assembly, school, or hospital; and
iv.
Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.
b.
Shall be located within a freestanding structure and may not be co-located in the same structure with other uses.
(9)
Golf course.
If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.
(10)
Greenhouse/nursery/garden center.
a.
Outdoor display areas shall be enclosed with a fence or wall that is in compliance with section 28-3-28, landscaping and screening;
b.
Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet; and
c.
The display of goods, materials, and merchandise will not be located in a parking lot or reduce the minimum required parking or loading for the use.
(11)
Grocery/retail.
a.
Downtown (DD) district.
The use may exceed 35,000 sq. ft., but shall be limited to 200,000 sq. ft. so long as the use meets the following conditions:
i.
All loading bays, trash receptacles, and mechanical equipment shall be screened from the street, customer parking lot, adjacent residential areas, and pedestrian pathways;
ii.
All buildings within the site shall be connected to each other vehicularly and by five-foot wide pedestrian sidewalks. Furthermore, sidewalks shall connect to property lines to allow for future connections by adjacent development, and where adjacent connections already exist developer shall make similar connections;
iii.
Two or more of the following elements must be included within or adjacent to pedestrian pathways: a patio/seating areas, pedestrian plazas with benches that constitute a minimum area of 5% of the overall development, outdoor play areas with play structures and other appurtenances, a water feature, a clock tower, a 10 foot wide paved, raised, and landscaped area in the center of the parking area, or major mural or art feature;
iv.
Wall signs shall be limited to 500 sq. ft. for branding logo signs and can be installed on two sides of the principal structure. Wall signs no more than 5% of the facade can be installed on two sides of the principal structure. Ancillary uses that are within the principal structure are allowed one wall sign each and shall comply with all other regulations within the Fulshear Code for signage within the General Commercial (GC) District;
v.
All facades, except for the rear, shall provide some relief by change in materials and depth in addition to the installation of landscaping near the entrances within the front facade and canopy trees along the rear of the principle structure in an effort to ameliorate the rear of the building;
vi.
All detention facilities shall be wet-bottomed and incorporate amenities;
vii.
The building must be located along a TxDOT roadway.
b.
General commercial (GC) district.
Within 300 feet of the DD district the use shall not exceed 50,000 sq. ft.
c.
Drive-throughs within the Downtown District shall only be allowed on parcels that front TxDOT right-of-way including but not limited to FM 1093 and FM 359.
(12)
Health and fitness club.
If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.
(13)
(14)
Lumber yard.
a.
Direct vehicular access shall be provided from a collector or arterial street or highway;
b.
The use shall be located such that truck traffic can access the use without traveling on public right-of-way within or adjacent to any residential district or use, or adjacent to any park or recreational area or facility.
c.
Outdoor storage areas shall:
i.
Be limited to no more than 30 percent of the gross floor area of the principal building;
ii.
Be located in the side or rear yard, provided they do not abut a residential district or use;
iii.
Be used only for the storage of lumber and associated materials and not for storage of solid or liquid waste, inoperable machinery or vehicles, or materials that generate dust or attract pests;
iv.
Be on an improved hard surface (including crushed granite);
v.
Be enclosed by an approved fence or wall (see section 28-3-19, fences and walls) with a minimum height equal to that of the stored and/or displayed materials and not exceeding the height of the principal building; and
vi.
Not reduce the required minimum parking required. (See division III-2, parking, loading, and access).
(15)
Massage parlor.
Each facility established after the effective date of this ordinance must meet the following (unless the use is exempt per V.T.C.A., Texas Occupations Code § 455.155):
a.
The use may only operate between the hours of 8:00 a.m. to 10:00 p.m. each day;
b.
Outside windows of a massage establishment shall be transparent and the view from the outside into the lobby or waiting area shall be unobstructed;
c.
All doors shall remain unlocked during the normal business hours;
d.
At no time shall a massage establishment provide a residence or dwelling to accompany this occupancy; and
e.
Licenses issued by the state for the establishment and the people working in it who are required to have a state license must be displayed and easily viewable with the lobby or waiting area.
(16)
Office, general; medical clinics, offices, and labs; and urgent care centers.
In the SC district, the gross floor area of the principal use shall not exceed 17,000 square feet.
(17)
Hotel, full service and hotel, residence.
All hotels shall meet the following minimum standards:
a.
Incorporate an attached, covered, drive-through area adjacent to the main building entry and lobby area for the temporary parking of vehicles during guest check-in and check-out. However, if the use is located within the Downtown District, then the drive-through is not required; but, if included, may not negatively affect the streetscape or pedestrian scale of the Downtown District.
b.
Hotels shall be located on a site of no less than three acres; and
c.
Management staff shall be on-site for 24 hours a day, seven days a week;
d.
Hotels that provide direct access to guest rooms from exterior doorways are prohibited;
e.
All guest rooms are accessed from an interior corridor which is accessible primarily from an interior lobby area, and no guest room has any direct exterior doorway;
f.
Outdoor swimming pool areas and outdoor sports courts shall be screened from ground-level public view from any public street right-of-way, public plaza/space, public parking area, and area of residential use through a combination of these facility's location on the site relative to the hotel buildings and the following:
i.
Installation of permanent screening walls designed in accordance with standards established in subsection 28-3-28(d), nonresidential and multifamily uses and constructed with materials and colors that match or are consistent with the design of the principal building; or
ii.
A type A bufferyard shall be required around the perimeter of the outdoor swimming pool facility.
g.
All hotels shall include a minimum of three of the following amenities:
i.
Meeting rooms of at least 1,000 square feet;
ii.
Designated areas for the service of continental breakfast;
iii.
Full-service restaurant available to both hotel guests and other patrons with a minimum capacity of 50 seats.
iv.
Full-service spa facility;
v.
Combination indoor/outdoor swimming pool;
vi.
Indoor swimming pool;
vii.
Outdoor swimming pool;
viii.
Fitness center/weight room; or
(18)
Pawn shop.
The use:
a.
Shall not be located on a site that is within:
i.
One thousand feet of a site that contains another tobacco specialty store use;
ii.
Two hundred feet of a property in a district in which a residential use is allowed or located;
iii.
Three hundred feet of a place of assembly, school, or hospital; and
iv.
Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.
b.
Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.
(19)
Private club.
Shall not be located on a site that is within:
a.
One thousand feet of a site that contains another private club use;
b.
Two hundred feet of a property in a district in which a residential use is allowed or located;
c.
Five hundred feet of the right-of-way of FM 359; or
d.
A freestanding structure and may not be co-located in the same structure with other uses.
(20)
Psychic, tarot, and palm reader services.
The use:
a.
Shall not be located on a site that is within:
i.
One thousand feet of a site that contains another psychic services use;
ii.
Two hundred feet of a property in a district in which a residential use is allowed or located;
iii.
Three hundred feet of a place of assembly, school, or hospital; and
iv.
Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.
b.
Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.
(21)
Recreation and commercial amusement, indoor.
If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.
(22)
Recreation and commercial amusement, outdoor.
(23)
Restaurant, drive-through.
a.
The drive-through shall not be located within the front yard;
b.
Ordering stations facing abutting residentially zoned or used property shall be buffered with a type B bufferyard (See section 28-3-27, bufferyards), and ordering stations shall not be located in the front yard of the restaurant or between the entryway and street;
c.
Each service window or station, human or mechanical, shall provide a minimum of five stacking spaces; and
d.
Stacking spaces shall measure eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.
e.
Drive-throughs within the Downtown District shall only be allowed on parcels that front a TxDOT including but not limited to FM 1093 and FM 359.
(24)
Restaurant, brewpub, winery or distillery.
a.
The requirements of subsection (f)(1) of this section, alcoholic beverage sales, on- or off-site consumption, shall apply if alcoholic beverages are to be served;
b.
No outdoor storage is allowed on-site;
c.
All beverage production activities shall be located within a completely enclosed building, and, in the DD district, designed with noise-resistant materials;
d.
All by-products or waste from production of beverages shall be disposed of off-site;
e.
Loading docks and service doors shall not be oriented or face a residentially zoned or used property; and
(25)
Shooting or archery range, indoor.
If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.
(26)
Tattoo parlors and body piercing establishments.
The use within:
a.
Shall not be located on a site (as either a primary or accessory use) that is:
i.
One thousand feet of a site that contains tattoo parlor and body piercing establishment;
ii.
Two hundred feet of a property in a district in which a residential use is allowed or located;
iii.
Three hundred feet of a place of assembly, school, or hospital; and
iv.
Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.
b.
Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.
(27)
Veterinary clinic, small animal.
Small animal veterinary clinics in the Downtown District shall not have any outdoor kennels; and, if in a multi-tenant building, shall have a ventilation system to control odors and allergens and to prevent circulation into other parts of the building.
(28)
Dry cleaning establishments in the Downtown District (DD).
Dry cleaning establishments in the Downtown District shall not have a drive-through.
(29)
Mobile vending/food trucks.
The use:
a.
Shall not be located in between a public right-of-way and the primary entrance of any other commercial business;
b.
Shall be served by a restroom facility, with written authorization given by the owner of the facility if necessary;
c.
Shall have received an approved City of Fulshear health permit;
d.
Shall vacate the site while closed for business.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025; Ord. No. 2025-1483, 4-15-2025; Ord. No. 2025-1485, 5-6-2025)
§ 28-2-17 Specific use standards.
(a)
Purpose.
This section sets out the criteria to be used in deciding the appropriateness of a specific use and the application of standards or conditions for such uses. The standards of this section apply to all specific uses set out in division II-2, zoning districts.
(b)
Specific use permit required.
A specific use permit is required for:
(c)
Criteria.
In review of specific use permit applications pursuant to the specific uses established in the by zoning district; the administrator, the planning and zoning commission, and the city council shall utilize the following criteria:
(1)
The proposed specific use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;
(2)
Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;
(3)
Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) must be available without the reduction of services to any existing uses;
(4)
The proposed use will incorporate design features to sufficiently protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing and building placement; and
(5)
The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions.
(d)
Additional standards for sexually oriented businesses.
In addition to complying with all provisions within this section, all land uses that qualify as a sexually oriented business must fully comply with the standards established in section 28-2-18, sexually oriented businesses to receive a specific use permit.
(e)
Conditional approval.
The city council may require additional conditions above the standards listed in subsection 28-2-17(c), above to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the specific use is requested.
(f)
Standards for residential uses.
(1)
Manufactured home.
The structure must be compliant with the U.S. Housing and Urban Development (HUD) Code and shall meet the following standards:
a.
The manufactured home must be located within a manufactured home park and must comply with all provisions of seciton 28-3-5, manufactured homes;
b.
The home may have no less than 900 square feet of floor area and a minimum exterior with of 18 feet;
c.
The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run; and
d.
The home shall have wheels, axles, transporting lights, and removable towing apparatus removed.
(2)
Manufactured home park.
a.
All manufactured homes must be compliant with the U.S. Housing and Urban Development (HUD) Code and built on a permanent foundation. Mobile homes are prohibited.
b.
A certification of compliance with all ordinances and regulations regarding manufactured home licensing, zoning, health, plumbing, electrical, building, fire protection, and any other applicable requirements shall be required.
c.
All individual manufactured home units and common facilities shall be supplied with an adequate supply of hot and cold water for both drinking and domestic purposes and standard electrical service, providing at least one 120-volt and one 240-volt electrical service outlet to each manufactured home space.
d.
Each individual manufactured home within the manufactured home park must meet all specific use standards of this section.
(g)
Standards for nonresidential uses.
(1)
Junkyard, salvage yard, and wrecking yard.
All material shall be stored within a fully enclosed building, or otherwise screened 100 percent from view, consistent with the screening requirements in section 28-3-28, screening and fencing.
(2)
Kennel/animal shelter.
A kennel with one or more dog runs must comply with the following standards:
a.
A type B bufferyard with an opaque fence or wall is required along the property line of any residential district and adjacent to a public street;
b.
The use is located at least 100 feet from all other residential districts or is sound attenuated such that the sound is not audible at the property line;
c.
The run(s) may not be used after 9:00 p.m. or before 7:00 a.m.;
d.
The minimum lot area is one acre;
e.
In a multi-tenant building, ventilation systems shall control odors and allergens and prevent their circulation into other parts of the building; and
f.
Fencing does not exceed six feet in height or eight feet in the IN district.
(3)
Manufacturing, heavy.
All heavy manufacturing uses shall:
a.
Be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines;
b.
Take access from an arterial or collector street;
d.
Have a truck routing plan created showing the ingress and egress locations to the site that shows how the site will not be accessed by a local street; and
e.
Have all activities will take place within an enclosed building.
(h)
Wireless communications tower.
(1) Residential test area
means the circular area, as described herein, surrounding a proposed tower structure. The radius of the circle shall be at least 200 feet and not more than 400 feet, and the center of the circular area shall correspond to the center of the base of the proposed tower structure. The radius of the circular area shall conform to the following ratios:
(2)
Certain towers prohibited.
Towers that are supported in whole or in part, by guy wires and ground anchors are not allowed in the city.
(3)
Security fence.
a.
The base of a tower shall be completely enclosed by a fence, wall, or barrier which limits climbing access to the tower and any supporting systems, lines, wires, buildings, or other structures.
b.
The fence, wall or barrier required by subsection (a) of this section shall not be less than eight feet in height with no openings, holes or gaps larger than four inches measured in any direction. Gates and doors opening directly into the area enclosed by a fence, wall or barrier, as required by this section, shall be equipped with a lock to keep and capable of keeping the doors or gates securely closed and locked at all times.
(4)
Screening fence.
a.
The base of a tower, including all mechanical equipment and accessory structures, shall be screened from view of residential lots by existing vegetation or other barrier, or if no existing vegetation or other barrier exists, a wooden, substantially opaque screening fence designed and built to provide privacy with a minimum height of eight feet.
b.
The screening fence may contain gates or doors allowing access to the tower and accessory structures for maintenance purposes, which shall be kept completely closed except for maintenance purposes and shall be located a minimum of 18 feet from the public right-of-way.
(5)
Landscaping.
a.
A tower site shall have landscaping maintained in a healthy, growing condition at all times and in compliance with all applicable ordinances, deed restrictions and regulations.
b.
At a minimum, a tower site shall have one large evergreen shrub capable of reaching a minimum height of four feet for each four linear feet of required screening fence; provided that not less than eight large shrubs shall be provided for each tower site. The shrubs required by this subsection shall be installed at the tower site along the exterior side of the screening fence. All shrubs provided pursuant to this subsection shall be installed at the tower site along the exterior side of the screening fence.
c.
At a minimum, a tower site shall have one evergreen tree, with a minimum DBH of four inches, for each 50 linear feet of required screening fence; provided that not less than one such tree shall be provided for each public right-of-way or private street which borders the tract upon which such tower is located.
d.
The person or entity who owns the property on which the wireless communications tower is constructed shall have complete responsibility for the maintenance of all landscaping required by this section.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1502, 9-16-2025)
§ 28-2-18 Sexually oriented businesses.
(a)
Purpose.
It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(b)
Applicability.
This section shall apply to any of the following:
(1)
The opening or commencement of any sexually oriented business as a new business;
(2)
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
(3)
The addition of any sexually oriented business to any other existing sexually oriented business.
(c)
Supplemental standards.
In no event shall usage of land or structures for sexually oriented businesses be approved unless they meet the following supplementary use standards:
(1)
Distance from specific land uses.
A sexually oriented business shall be located at least 1,000 feet from a place of public assembly, a school, a day care facility, the boundary of a residential area, a property zoned residential or commercial, a public park, the property line of a lot devoted to residential uses, any building or structure in which alcoholic beverages are offered for sale, a hospital, public library, a recreational center, a public swimming pool, or another sexually oriented business. Measurements for purposes of this section shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the land uses listed above.
(2)
Subsequent land use approval.
A sexually oriented business lawfully operating under the terms of this section is not rendered in violation of this section by the subsequent location of a church, public or private elementary or secondary school, day care center, public park, area subsequently zoned residential, or subsequently put to residential use.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-2-19 Accessory and temporary use standards.
(a)
Generally.
This section shall apply to all accessory uses, buildings and structures.
(b)
Applicability.
Principal uses classified as permitted uses by the district regulations of this article shall be deemed to include accessory uses and activities that are customarily associated with, and appropriate, incidental and subordinate to, permitted uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated.
(c)
Accessory use standards.
(1)
Accessory building height.
Accessory buildings subject to a restrictive covenant governing height shall not exceed the maximum height permitted by such restrictive covenant. In the absence of a restrictive covenant governing height, the height of accessory buildings may not exceed 12 feet. Notwithstanding the foregoing, the maximum height for barns and sheds in the ER districts shall not exceed 40 feet.
(2)
Residential accessory uses.
Shall include, but not be limited to, the following accessory uses, activities and structures:
b.
Garages, carports and off-street parking areas (garages, carports, and off-street parking areas not attached to the main residence shall be of the same architectural façade and building style, materiality, and proportions as the main residence structure;
c.
Gates and guard houses;
d.
Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;
e.
Radio and television receiving antennas and support structures, except ham radio towers;
f.
Recreational facilities for the use of residents;
g.
Keeping of domestic animals for noncommercial purposes;
h.
Solar energy systems; and
i.
Other necessary and customary uses determined by the building official or administrator to be appropriate, incidental and subordinate to the principal use on the lot.
(3)
Retail, commercial, office, and industrial accessory uses.
Shall include, but not be limited to, the following accessory uses, activities and structures:
a.
Fences and walls;
b.
Gates and guard houses;
c.
Dwelling units for security or maintenance personnel;
d.
Parking garages and off-street parking areas;
e.
Radio and television receiving antennas and support structures;
f.
On-premises signs;
g.
Solar energy systems;
h.
Accessory structures for training employees and/or volunteers that are associated with the permitted land use of Governmental Service (Police, Fire, EMS); and
i.
Other necessary and customary uses determined by the administrator to be appropriate, incidental and subordinate to the principal use on the lot.
(4)
Accessory dwelling unit.
a.
Generally.
i.
Either the principal or accessory unit must be occupied by the property owner;
ii.
One additional parking place must be available on the lot;
iii.
All utility connections and services shall be for the address of the principal dwelling only; and
iv.
Garages may not be converted unless replacement garage spaces are provided elsewhere on the lot.
b.
Attached units.
i.
The accessory dwelling may be no larger than 25 percent of the gross floor area of the principal dwelling;
ii.
If included as a second story above a garage, the height may not exceed that of the principal dwelling;
iii.
When a principal dwelling is expanded to accommodate an attached unit, the expansion shall be designed and finished to match the design, materials, and color(s) of the principal dwelling; and
iv.
Exterior doors to the accessory dwelling may not be located on a front or corner street yard.
(5)
Bed and breakfast.
a.
The minimum gross habitable floor area is not less than 400 square feet per rooming unit;
b.
The lot is conforming relative to the standards of this CDO;
c.
Meals are for overnight guests only (use of the home for an external catering service is prohibited);
d.
Private events are allowed only by issuance of a specific use permit;
e.
There may be only one non-resident employee;
f.
The home is inspected and has a written record indicating that it meets all applicable building and fire codes prior to occupancy;
g.
The principal use of the bed and breakfast home is a single-family dwelling;
h.
The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; and
i.
Signage is limited to a maximum two-square-foot single, non-illuminated placard or nameplate that is affixed flat against the exterior wall of the home.
(6)
Child care, family home and child care facility, group home.
a.
The operator must reside on the premises;
b.
The use shall be clearly accessory to the residential use;
c.
The use shall meet state registration and licensing requirements;
d.
The resident operator, if not the owner of the property, shall provide a letter of authorization from the property owner.
e.
Outdoor play areas are enclosed by a fence that is at least six feet in height.
f.
The use shall be accessed by a public street.
(7)
Community garden.
a.
Floor area of all structures shall not exceed 15 percent of the total lot area;
b.
Composting shall be limited to plant materials generated on-site and non-vegetative materials such as wood chips; and
c.
Water for purposes of maintaining the garden and for dust suppression shall be available on the site, either in the form of a water collection system or an on-site or off-site connection to the municipal water service.
(8)
Home occupation.
a.
The occupation shall be conducted entirely within the principal dwelling.
b.
Wholesale and retail sales and services are prohibited where the buying and selling transaction occurs on the residential property. Nothing in this regulation shall preclude transactions made entirely online.
c.
Signage identifying the home occupation is prohibited.
d.
There shall be no visible storage of equipment, products, or materials from any public right-of-way.
e.
The use shall not create undue noise, vibration, or odors.
f.
The occupation does not require the delivery or shipment of materials, merchandise, goods, or equipment by any means other than passenger motor vehicles, one-ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight.
g.
No persons other than the immediate family residing at the home may work at the home occupation.
h.
Parking needs generated by the home occupation must be satisfied on-site without any automobile parking in the public right-of-way.
i.
The occupation must be operated in accordance with all applicable state and federal laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.
(d)
Temporary use standards.
The following temporary use standards are permitted through a temporary use permit. See section 28-7-20, temporary use permit.
(1)
Model homes.
Notwithstanding any provision of this article, model homes may be constructed in a residential subdivision after approval of the final plat and installation of all required improvements, subject to the following:
a.
Installation timeframe.
Construction of model homes may begin upon completion of all public improvements in the subdivision. The model home may only be occupied for sales and display purposes upon completion of the street leading to the model home and for 50 feet thereafter.
b.
No residential inhabitance.
The model home shall be used only for selling new homes within the subdivision where the office has been established. The model homes will not be inhabited as dwellings and will only be used for display and sales purposes until after installation and acceptance of all required improvements in the subdivision.
c.
Conversion back to residential.
All installations related to the sales activity (e.g., canopies, partition walls, signage, fencing, lighting, temporary parking and similar improvements) shall be converted to the approved residential use prior to occupancy as a residential structure. If the carport or garage has been converted to office space, it must be returned to a condition suitable for the parking of automobiles.
d.
Commercial uses prohibited.
No model home shall be used for commercial purposes other than the model home itself being used to sell a similar home within the city.
(2)
Containers.
a.
No permanency except IN district.
Steel shipping containers are not permitted in any zoning district as permanent storage sheds except the IN district.
b.
Design.
Permissible containers are designed for temporary, residential storage use only and shall be set on the ground (no wheeled storage is allowed).
(3)
Temporary construction buildings.
Temporary construction buildings are permitted provided that:
(4)
Temporary construction dumpsters.
Temporary construction dumpsters are permitted provided that:
a.
The dumpster is set back at least ten feet from all lot lines;
b.
The dumpster does not obstruct any required parking lot requirements;
c.
All refuse from the site shall be contained within the dumpster and screened appropriately to ensure that all refuse is not removed by either wind or wildlife; and
d.
The dumpster is removed no later than five days after project completion.
(5)
Temporary sales trailers.
Temporary sales trailers are permitted in residential developments prior to the construction of a model home. Following the installation of the model home, temporary sales trailers shall be removed from the site. Temporary sales trailers may be permitted based on the following requirements being met:
a.
Site plan.
A site plan indicating required parking, building location, required utilities, and other similar site features shall be submitted.
b.
Landscaping required.
Landscaping shall be installed in conformance with the landscaping requirements as indicated in section 28-3-25, landscaping requirements. A landscaping plan shall be submitted indicating the proposed layout of plantings and their maintenance.
c.
Utilities required.
Temporary sales trailers shall be supplied with all utilities, to include water, sewer, electricity, and telephone in order to facilitate the proper function of the trailer.
d.
Restrooms required.
Restroom facilities are required within the trailer.
e.
Americans with Disabilities Act (ADA) compliance.
Temporary sales trailers shall meet all requirements of the ADA, including providing access ramps and accessible restroom facilities.
f.
Structural requirements.
All trailers shall be built to the requirements of the city engineer and chief building official with respect to foundation, site placement, natural hazards mitigation, floodplain, and other requirements as necessary to ensure the safe conduct of business in the temporary sales trailer.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023)
§ 28-2-20 New, unlisted, and prohibited land uses.
(b)
Authorization of proposed use.
(1)
Administrator discretion.
If a proposed use is not specified in article II, division 2, zoning districts, the administrator shall make a determination as to whether the use is either a subcategory or functionally similar to a specifically identified use.
(2)
Referral to planning and zoning commission.
Should the administrator feel that it is necessary, he or she may refer the determination of whether a use is a subcategory or functionally similar to a specified use to the planning and zoning commission.
(c)
If not authorized then prohibited.
If the administrator determines that a proposed use is not a subcategory of, or functionally similar to a listed use then the use is a prohibited use.
(d)
Decision criteria.
The following decision criteria shall be evaluated by the administrator, or at the administrator's discretion, the planning and zoning commission, to decide whether a proposed use is a subcategory of, or is functionally comparable to, a use specifically identified in article II, division 2, zoning districts:
(1)
Parking demand;
(2)
Average daily and peak hour trip generation (cars and trucks);
(3)
Impervious surface;
(4)
Regulated air or water emissions;
(5)
Noise;
(6)
Lighting;
(7)
Dust;
(8)
Odors;
(9)
Solid waste generation;
(10)
Potentially hazardous conditions, such as projectiles leaving the site;
(11)
Use and storage of hazardous materials;
(12)
Character of buildings and structures;
(13)
How the use is advertised;
(14)
Nature and impacts of operation; and
(15)
Hours of operation.
(Ord. No. 2020-1331, 9-15-2020)