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Georgetown City Zoning Code

Chapter 1

GENERAL PROVISIONS

SECTION 1.01.- SHORT TITLE

This Ordinance is hereby officially known and cited as the Unified Development Code of the City of Georgetown, Texas. References to "this Code," or "this UDC" shall be interpreted as references to this Unified Development Code. In the interpretation of provisions in this Code, certain terms and words are defined in Chapter 16 or, if not, resort to their customary usage and meaning. For the purposes of using this Code, words used or defined in one tense or form shall include other tenses and derivative forms, words in the singular number shall include the plural number and words in the plural number shall include the singular number. The word "shall" is mandatory. The word "may" is permissive. The word "City" means the City of Georgetown, Texas. In the case of any difference of meaning or implication between the text of this Code and any caption, number, illustration or table, the text shall control, unless otherwise specifically noted herein.


SECTION 1.02. - AUTHORITY

This Unified Development Code is adopted under authority of the constitution and laws of the State of Texas, including particularly Texas Local Government Code chs. 211, 212, 216 and 242, and pursuant to the provisions of the Charter of the City of Georgetown, Texas.

SECTION 1.03. - APPLICABILITY

A.

So long as land or structures or any portion thereof, continue to be used for the purpose and in the manner authorized by a permit or approval, no person, including a successor or assign of the person who obtained the permit or approval, may use the land or structure except in accordance with all the terms, conditions, and requirements of the permit or approval.

B.

If a new project is begun the requirements of this Unified Development Code shall apply. The City shall determine whether a new project has begun using the principles set forth in Texas Local Government Code ch. 245.

C.

An applicant may elect at any time to use this Unified Development Code in place of previously applicable regulations, provided this Code shall then be applied in its entirety to such a project.

D.

Any plat that has setbacks, that are in conflict with the standards of this Code, shall be subject to the setbacks noted on the plat and none other shall apply.

E.

All RP, Residential Planned Zoning Districts approved prior to the effective date of this Code that have not submitted a complete application for a Preliminary Plat or a Site Plan are obsolete and are hereby repealed on the effective date of this Code. However, the RP, Residential Planned Zoning Districts listed below may continue as a legal conforming use provided however, that pursuant to Section 1.04.040 of the Code the zoning designation shall be renamed from RP, Residential Planned to PUD, Planned Unit Development. In addition, any of the projects listed below which have approved preliminary plans or Site Plans shall be allowed to continue to seek development permits under the ordinances, rules, and regulations existing prior to the effective date of this Code, including, but not limited to (i) development standards, and (ii) variances duly approved for each of said Residential Planned Zoning Districts.

1.

Katy Crossing.

2.

Sun City Georgetown.

3.

Georgetown Village.

4.

Village of River Bend.

5.

Parkview Place Apartments.

6.

University Park.

7.

Morrow Addition.

8.

College Place Condominiums.

9.

Dalrymple Addition.

10.

Cody Addition.

11.

Southwestern University.

12.

401 West University Avenue (S.H. 29).

13.

Wesley Subdivision.

14.

Snyder Addition.

15.

Dimmitt Addition.

16.

Lost Addition.

17.

Georgetown Municipal Airport

F.

The requirements of this section do not constitute the waiving of any rights the City may have pursuant to Texas Local Government Code ch. 245.

SECTION 1.06. - DEFINITIONS

All definitions located in Chapter 16 of this Unified Development Code shall govern the interpretation of this Code. Any terms not defined shall be interpreted using Random House Webster's Unabridged Dictionary, subject to approval of interpretation by the Director of Planning and Development.

SECTION 1.07. - MINIMUM REQUIREMENTS

A.

In their interpretation and application, the provisions of this Code shall be held to be minimum requirements adopted for the promotion of public health, safety, and general welfare.

B.

Whenever the requirements of this Code are in conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the Director of Planning and Development shall govern.

C.

The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Code shall not relieve the recipient of such permit, certificate, or approval from the responsibility of complying with all other applicable requirements of any other City, state, or federal agency having jurisdiction over the structures or land uses for which the permit, certificate, or approval was issued.

SECTION 1.08. - COMPREHENSIVE PLAN

It is intended that this Unified Development Code implement the City's planning policies as adopted as part of the City's Comprehensive Plan, as amended and periodically updated.

SECTION 1.09. - EFFECTIVE DATE

This Code shall become effective and be in full force and effect in accordance with the City Charter.

SECTION 1.10. - SEVERABILITY

Should any section or provision of this Unified Development Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Code as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

SECTION 1.11. - UDC DEVELOPMENT MANUAL

The UDC Development Manual contains technical and procedural requirements for the submittal of development applications, as well as application forms, checklists, calendars and other materials to aid applicants in the preparation and submittal of applications. The UDC Development Manual may be amended from time to time by the Director, following posting of the proposed changes on the City's website and a 15-day public comment period.

(Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2019-54, § 3, 9-10-2019)

SECTION 1.12. - CITY CONSTRUCTION SPECIFICATIONS AND STANDARDS MANUAL

The City Construction Specifications and Standards Manual contains specifications, standards, and requirements for the construction of public improvements. The City Construction Specifications and Standards Manual may be amended from time to time by the City's Development Engineer, following public notice and a 30-day public comment period.

(Ord. No. 2019-54, § 3, 9-10-2019)

SECTION 1.13. - DRAINAGE CRITERIA MANUAL

The Drainage Criteria Manual establishes drainage design procedures and standards for stormwater management systems within the jurisdiction of the City of Georgetown. The Drainage Criteria Manual may be amended from time to time by the City's Development Engineer, following public notice and a 30-day public comment period.

(Ord. No. 2019-54, § 3, 9-10-2019)

SECTION 1.14. - HISTORIC DISTRICT DESIGN GUIDELINES

The Historic District Design Guidelines adopted on July 27, 2021 and on file with the City Secretary are hereby incorporated into this Code by reference, as if set forth in full. The Historic District Design Guidelines establish policies to guide improvements to properties and work within the Downtown Overlay District and Old Town Overlay District, as well as improvements to Historic Landmarks anywhere within the city limits.

(Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2021-53, § 4(Exh. C), 7-27-2021)

Editor's note— Ord. No. 2021-53, § 4(Exh. C), adopted July 27, 2021, changed the title of Section 1.14 from "Downtown and Old Town design guidelines" to "Historic district design guidelines". The historical notation has been preserved for reference purposes.

SECTION 1.15. - TRAFFIC CALMING STANDARDS

The Traffic Calming Standards prepared by the City of Georgetown Utility Services Division is hereby adopted by reference as if set forth in full. The Traffic Calming Standards shall establish traffic calming requirements for new development applications both within the proposed development and any affected existing development within the City and ETJ. The Traffic Calming Standards may be amended from time to time by the Director of the Georgetown Utility Services Division, following public notice and a 30-day public comment period.

SECTION 1.16. - UTILITY IMPROVEMENT AND EXTENSION POLICY

The Utility Improvement and Extension Policy contains specifications, standards, and requirements for projects that desire to connect to Georgetown Utility Systems infrastructure. The Utility Improvement and Extension Policy may be amended from time to time by ordinance.

(Ord. No. 2019-54, § 3, 9-10-2019)

SECTION 1.17. - ACCESS MANAGEMENT POLICY

The Access Management Policy contains specifications, standards, and requirements for properties that desire to connect to public streets, roadways, or rights-of-way in the city limits or the ETJ. The Access Management Policy may be amended from time to time by the City's Development Engineer, following public notice and a 30-day public comment period.

(Ord. No. 2019-54, § 3, 9-10-2019)

SECTION 1.18. - MUNICIPAL UTILITY DISTRICT POLICY

The Municipal Utility District Policy contains guidelines and requirements for properties that seek the City's consent to establish a municipal utility district within the city limits or the ETJ. The Municipal Utility District Policy may be amended from time to time by the City Manager, following public notice and a 30-day public comment period.

(Ord. No. 2019-54, § 3, 9-10-2019)

Sec. 1.01.010. - How to Use This Code.

A.

If you need to subdivide or plat your land:

Whether you live inside or outside the city limits, you may not develop or disturb your land (see Section 16.02 for definition of "land disturbance") until you have properly subdivided or platted your parcel. The procedures that you will need to follow are described in Section 3.08.

B.

If you want to build or establish a particular use on your property:

1.

Step One: You should first determine what kind of use you desire to establish. You can usually determine the use by referencing the use categories and specific uses found in Chapter 5. Refer to the definitions of the specific uses in Chapter 5 to help you determine the use that best describes what you want to establish.

2.

Step Two: You should next determine the zoning district (and any overlay districts) that applies to your property. The official zoning map, available at the Planning and Development Office, depicts the zoning designation for every parcel of land in the City limits of Georgetown. If your property is not in the City limits, no zoning designations or requirements apply, but some development standards and requirements do apply. Read Section 3.01.020 to identify which applications or permits you must acquire before you build.

3.

Step Three: For properties in the City limits, locate the use tables in Chapter 5. Find the row that lists the specific use you are interested in. Match this row to your zoning district designation (across the top of the table) to determine whether the use you want to establish is permitted in the district.

4.

Step Four: If your use is permitted, you must get the appropriate applications approved (see Chapter 3) and comply with the applicable development standards of this Code before building the structure or establishing the use.

These requirements are intended to help you and the City ensure that your project is legally established and that it matches the development vision that the City of Georgetown, as a community, desires.

C.

If you own or lease property and want to know what rules apply:

Follow steps two through four above, to identify your zoning district and the permitted uses. You can find the specific details for the uses in your zoning district in Chapter 5 and the definitions found in Chapter 16. You can also find the various development standards that apply to your property in Chapters 6 through 12.

D.

If you want to change your Zoning District:

Only the City Council may rezone property, following public notice and hearings at meetings of the Planning and Zoning Commission and the City Council. See Section 3.03 for public notice requirements and 3.06 for Rezoning requirements.

Sec. 1.01.020. - Purpose and Intent.

This Unified Development Code is adopted for the purpose of promoting the public health, safety and general welfare of the present and future citizens of the City of Georgetown and promoting the safe orderly and healthful development of the City of Georgetown. The City of Georgetown's Comprehensive Plan is the fundamental guide to all decisions made under this Code. In order to implement the broad goals of the plan, this Code regulates land development in order to achieve objectives of the plan that include, but are not limited to, the following:

A.

Lessen congestion in the streets;

B.

Secure safety from fire, panic and other dangers;

C.

Promote health and general welfare;

D.

Provide adequate light and air;

E.

Prevent the overcrowding of land;

F.

Avoid concentration of population;

G.

Promote the beneficial and appropriate development of all land and the most desirable use of land in accordance with a well-considered plan;

H.

Protect the character and the established pattern of desirable development in each area;

I.

Prevent or minimize land use incompatibilities and conflicts among different land uses;

J.

Facilitate adequate provision of transportation, water, sewerage, parks and other public requirements;

K.

Facilitate erosion protection and water pollution management by reducing stormwater runoff;

L.

Maintain property values by stabilizing expectations and ensuring predictability in development; and

M.

Establish a process that effectively and fairly applies the regulations and standards of this Code and respects the rights of property owners and the interests of citizens.

Sec. 1.04.010. - Violations Continue.

Any violation of the previous zoning, sign, or subdivision regulations of the City shall continue to be a violation under this Code and shall be subject to penalties and enforcement under Chapter 15, Enforcement, unless the use, development, construction, or other activity is consistent with the express terms of this Code, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before the effective date of this Code.

Sec. 1.04.020. - Dormant Projects.

Any permit (as defined by Texas Local Government Code § 245.001) that is dormant according to the provisions of Texas Local Government Code § 245.005 shall expire May 11, 2004.

Sec. 1.04.030. - Legal Nonconforming Uses Under the Zoning Ordinance.

Any legal nonconformity under the previous zoning regulations shall also be a legal nonconformity under this Unified Development Code, as long as the situation that resulted in the nonconforming status under the previous zoning regulations continues to exist. If a nonconformity under the previous ordinances and regulations becomes conforming because of the adoption of this Code, then the situation shall no longer be treated as a nonconformity.

Sec. 1.04.040. - Zoning District Name and Standards Changes.

Zoning districts in the City of Georgetown are renamed as shown in the Table below. The new standards set forth in this Code for the renamed districts shall apply to all properties.

(Note: This section was a reflection of the change from the zoning ordinance to the UDC and has not always been updated once the UDC was adopted. It should only be used as a reference for older zoning ordinances and research.)

Table 1.04.040: District Name Changes

Previous District Name New District Name
Residential Zoning Districts
A Agricultural A Agriculture
R-E Residential Estate RE Residential Estate
NEW RL Residential Low Density
R-S RHD Single Family
Residential High Density
RS Residential Single-family
RM-1 Multi-family TF Two-family
NEW TH Townhouse
RM-2 Dense Multi-family MF Multi-family
NEW MH Manufactured Housing
Non-Residential Zoning Districts
NEW CN Neighborhood Commercial
C-1 Local Commercial
(In the Downtown Overlay Area)
*C-2 Downtown Commercial
C-1 Local Commercial (Areas not in the Downtown Overlay) C-1 Local Commercial
C-2 A/B Commercial
(In the Downtown Overlay)
*C-2 Downtown Commercial
C-2 A/B Commercial
(Areas not in the Downtown Overlay)
C-3 General Commercial
RM-3 Office and Service Uses OF Office
NEW BP Business Park
I Industrial IN Industrial
Special Zoning Districts
R-P Residential Planned PUD Planned Unit Development
R-O Residential Office SPO Special Area Planned Overlay
H Historic H Historic Overlay
Downtown Overlay Area D Downtown Overlay
NEW G Gateway Overlay
NEW VP Courthouse View Overlay
NEW OT Old Town Overlay

 

* The C-2, Downtown Commercial zoning district has been renamed as the MU-DT, Mixed Use—Downtown Zoning District.

Sec. 1.05.010. - Within City Limits.

All provisions of this Unified Development Code shall apply to all land within the City limits.

Sec. 1.05.020. - Within the City's Extraterritorial Jurisdiction.

As authorized by Texas Local Government Code chs. 212 and 216, the City shall apply the applicable subdivision and sign provisions of this Code to the City's extraterritorial jurisdiction (ETJ).