Glenn Heights City Zoning Code
ARTICLE IX
ZONING DISTRICTS
§ 1 ZONING DISTRICTS ESTABLISHED.
The City of Glenn Heights, Texas is hereby divided into the following zoning districts. The use, height and lot area regulations, and other standards, as set out herein apply to each district, as set out in this Section. The districts established herein shall be known as:
Abbreviated Designation | Zoning District Name |
|---|---|
Base Districts | |
A | Agricultural |
SF-E | Single-Family Estate Residential (minimum 40,000-square-foot lots) |
SF-1 | Single-Family Residential-1 (minimum 20,000-square-foot lots) |
SF-2 | Single-Family Residential-2 (minimum 12,000-square-foot lots) |
SF-3 | Single-Family Residential-3 (minimum 9,000-square-foot lots) |
SF-PH | Single-Family Residential-Patio Home (zero-lot-line homes) |
Abbreviated Designation | Zoning District Name |
|---|---|
O | Office |
NS | Neighborhood Service |
R | Retail |
TC | Town Center |
C | Commercial |
I | Industrial |
Provisional Districts | |
SF-4 | Single-Family Residential-4 (minimum 7,500-square-foot lots) |
MF | Multifamily Residential |
MH | Manufactured Home |
Overlay Districts | |
PD | Planned Development |
PD-ED | Planned Development - Economic Development |
SUP | Specific Use Permit |
Obsolete Districts | |
SF-5 | Single-Family Residential-5 (minimum 5,500-square-foot lots) |
BP | Business Park |
HC | Highway Commercial |
(Ordinance O-03-09 adopted 4/20/09)
§ 2 DEFINITIONS AND PURPOSE OF ZONING DISTRICT.
IX.2.1
A - Agricultural District
A.
General Purpose and Description. The Agricultural, “A” district provides for the use of land for farming, ranching, gardening and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district. When land in the “A” category is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning categories to provide for orderly growth and development in accordance with the Comprehensive Master Plan. This district shall serve as the interim zoning district for any land annexed into the City until such time as it is zoned in accordance with the provisions herein.
B.
Permitted Uses. Those uses listed for the “A” - Agricultural district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section IX.4.4 (Specific Use Permit).
C.
Maximum Height
1.
Two and one-half (2.5) stories, or thirty-five feet (35') for the main building/house.
2.
Forty-five feet (45') for uninhabited agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred feet (100') from any residential structure on the premises, and they are set back at least one hundred feet (100') or three (3) times their height (whichever is greater) from any front, side or rear property line.
3.
Fifteen feet (15') for other accessory buildings, including detached garage, garden shed, accessory dwelling units, etc.
D.
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed, attached or detached, parking spaces no less than twenty-four feet by twenty-four feet (24 x 24), on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of fifty-five feet (55') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk).
F.
Minimum Floor Area per Dwelling Unit - Two thousand two hundred and fifty (2,250) square feet. Minimum dwelling unit areas specified shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Lighting - See Section XII.1.6 [15.04.006]
M.
Special Requirements - See Section XII.1.7 [15.04.007]
IX.2.2
SF-E - Single-Family Estate Residential District.
A.
General Purpose and Description. The Single-Family Residential-Estate, “SF-E”, district is intended to provide for development primarily composed of single-family detached dwellings on larger lots that are not less than 40,000 square feet in size. Areas zoned for the SF-E district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses. Those uses listed for the SF-E district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
3.
Maximum Lot Coverage - Twenty-five percent (25%) for the main building; fifty percent (50%) for the main building and any accessory buildings, driveways and parking areas combined
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed, attached or detached, parking spaces no less than twenty-four feet by twenty-four feet (24' x 24'), on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of thirty feet (30') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk).
2.
Other - See Section XVI, Off-Street Parking and Loading Regulations
F.
Minimum Floor Area per Dwelling Unit - Three thousand five hundred (3,500) square feet. Minimum dwelling unit areas specified shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Lighting - See Section XII.1.6 [15.04.006]
M.
Special Requirements - See Section XII.1.7 [15.04.007]
IX.2.3
SF-1 - Single-Family Residential-1 District.
A.
General Purpose and Description. The Single-Family Residential-1, “SF-1”, district is intended to provide for development and be composed of primarily low-density single-family detached dwellings on lots that are not less than 20,000 square feet in size. Areas zoned for the SF-1 district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses. Those uses listed for the SF-1 district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4. [IX.4.4] (Specific Use Permit)
D.
Area Regulations.
3.
Maximum Lot Coverage - Thirty-five percent (35%) for the main building; fifty percent (50%) for the main building and any accessory buildings, driveways and parking areas combined
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed, attached parking spaces no less than twenty-four feet by twenty-four feet (24' x 24'), on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of thirty feet (30') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk).
2.
Other - See Section XVI, Off-Street Parking and Loading Regulations
F.
Minimum Floor Area per Dwelling Unit - Twenty-seven hundred (2,700) square feet. Minimum dwelling unit areas specified shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
J.
Driveway - See Section XII.1.4 [15.04.004]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Lighting - See Section XII.1.6 [15.04.006]
M.
Special Requirements - See Section XII.1.7 [15.04.007]
IX.2.4
SF-2 - Single-Family Residential-2 District.
A.
General Purpose and Description. The Single-Family Residential-2, “SF-2”, district is intended to provide for development and be composed of low-density single-family detached dwellings on lots that are not less than twelve thousand (12,000) square feet in size. Areas zoned for the SF-2 district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses. Those uses listed for the SF-2 district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lots
a.
Minimum Lot Area - Twelve thousand (12,000) square feet; also, the minimum average lot area shall be thirteen thousand five hundred (13,500) square feet in order to provide diversity in lot sizes within each SF-2 neighborhood; maximum density three (3) dwelling units per acre
b.
Minimum Lot Width - Eighty-five feet (85')
c.
Minimum Lot Depth - One hundred twenty feet (120')
3.
Maximum Lot Coverage - Thirty-five percent (35%) for the main building; fifty percent (50%) for the main building and any accessory buildings, driveways and parking areas combined
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces no less than twenty-four feet by twenty-four feet (24' x 24'), on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of thirty feet (30') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk).
2.
Other - See Section XVI, Off-Street Parking and Loading Regulations
F.
Minimum Floor Area per Dwelling Unit - Two thousand (2,000) square feet; also, the minimum average floor area shall be two thousand two hundred (2,200) square feet in order to provide diversity in house sizes within each SF-2 neighborhood.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
J.
Driveway - See Section XII.1.4 [15.04.004]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Lighting - See Section XII.1.6 [15.04.006]
M.
Special Requirements - See Section XII.1.7 [15.04.007]
IX.2.5
SF-3 - Single-Family Residential-3 District.
A.
General Purpose and Description. The Single-Family Residential-3, “SF-3”, district is intended to provide for development of and be composed of primarily single-family detached dwellings on smaller and more compact lots of not less than nine thousand (9,000) square feet. Areas zoned for the SF-3 district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses. Those uses listed for the SF-3 district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) is [are] authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lots
a.
Minimum Lot Area - Nine thousand (9,000) square feet; also, the minimum average lot area shall be eleven thousand (11,000) square feet in order to provide diversity in lot sizes within each SF-3 neighborhood; maximum density three and one-half (3.5) dwelling units per acre
b.
Minimum Lot Width - Seventy feet (70')
c.
Minimum Lot Depth - One hundred twenty feet (120')
3.
Maximum Lot Coverage - Forty percent (40%) for the main building; sixty percent (60%) for the main building and any accessory buildings, driveways and parking areas combined
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed, attached parking spaces no less than twenty-four feet by twenty-four feet (24' x 24'), on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of thirty feet (30') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk).
2.
Other - See Section XVI, Off-Street Parking and Loading Regulations
F.
Minimum Floor Area per Dwelling Unit - One thousand seven hundred and fifty (1,750) square feet; also, the minimum average floor area shall be one thousand eight hundred and fifty (1,850) square feet in order to provide diversity in house sizes within each SF-3 neighborhood.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
J.
Driveway - See Section XII.1.4 [15.04.004]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Lighting - See Section XII.1.6 [15.04.006]
M.
Special Requirements - See Section XII.1.7 [15.04.007]
IX.2.6
O - Office District.
A.
General Purpose and Description. The Office, “O”, District is established to provide an appropriate setting for low intensity office and professional uses, such as for the use of land on which two-story garden office buildings can be constructed. The “O” District can be used as a transition district between residential uses and more intense uses, and, with appropriate buffers and landscaping, this District may be located in close proximity to residential districts. Permitted uses should be compatible with adjacent residential areas by limiting heights to one (1) or two (2) stories, and shall not include uses that create excessive amounts of traffic, noise, trash or late-night business operations. Traffic generated by uses in this District shall not be designed or encouraged to travel through residential areas. Adaptive reuse of existing structures is encouraged. Buildings in this District should be compatible and similar in scale with residential uses and adjacent property.
B.
Permitted Uses. Those uses listed for the O district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lots
a.
Minimum Lot Area - Six thousand (6,000) square feet; Twelve thousand (12,000) square feet on Interstate 35 and other regional thoroughfare frontage
b.
Minimum Lot Width - Sixty feet (60'), except one hundred and twenty feet (120') along Interstate 35 and other regional thoroughfare frontage
c.
Minimum Lot Depth - One hundred feet (100')
2.
Size of Yards
a.
Minimum Front Yard - Thirty feet (30') from ultimate right-of-way line of roadway; Fifty feet (50') from ultimate right-of-way line on Interstate 35 and other regional thoroughfare frontage; all yards adjacent to a street shall be considered a front yard (see Section XV.1.5 for additional setback requirements)
b.
Minimum Side and Rear Yard - Twenty feet (20') plus one foot (1') for every foot in height over fifteen feet (15') adjacent to a residentially zoned or use of property (see below)
c.
Interior Side Yards - The interior side yard setback between two nonresidential buildings may be reduced to zero feet (0') where the two buildings share a common interior lot line, where construction of a party wall in accordance with the City’s Building Codes is used, and when approved by the City Council on the Site Plan following a favorable recommendation by the Planning & Zoning Commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a Site Plan that shows such a reduced 0' side yard setback between two nonresidential buildings shall be discretionary in nature, and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures.
3.
Maximum Lot Coverage - Fifty percent (50%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
5.
Maximum Floor Area Ratio (FAR) - One to one (1:1)
6.
Maximum Building Size - The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot’s size, minimum building setbacks, maximum of 50% lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements.
E.
Parking Requirements - As established by Article XVI, Off-Street Parking and Loading Requirements.
G.
Special District Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Swimming Pools - See Section XIV.1.4 [15.04.034]
3.
Lighting - See Section XIV.1.3 [15.04.033]
4.
Site Plan Review - See Section XIV.1.5 [15.04.035]
7.
Long-term or permanent open storage and temporary or permanent outside display of merchandise and seasonal items are prohibited.
H.
Building Facade Plans (Elevations) - See Section XIV.1.6 [15.04.036]
I.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
J.
Signs - See Section XIV.1.8 [15.04.038]
IX.2.7
NS - Neighborhood Service District
A.
General Purpose and Description. The Neighborhood Service, “NS”, district provides a district for retail use which provides limited local neighborhood, low intensity retail and service facilities for the retail sales of good and services to surrounding residential uses. These shopping areas shall utilize established landscape and buffering requirements. The “NS” district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes, but it can also act as a buffer against residential areas.
B.
Permitted Uses. Those uses listed for the NS district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
2.
Size of Yards
a.
Minimum Front Yard - Thirty feet (30') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section XV.1.5 for additional setback requirements)
b.
Minimum Side and Rear Yard - Fifteen feet (15') unless adjacent to a residentially zoned or use of property (see below)
c.
Minimum Side or Rear Yard Adjacent to a Residential District - Twenty feet (20') for one-story building, and an additional one feet (1') for every one foot (1') (or fraction thereof) above one story in height
d.
Interior Side Yards - The interior side yard setback between two nonresidential buildings may be reduced to zero feet (0') where the two buildings share a common interior lot line, where construction of a party wall in accordance with the City’s Building Codes is used, and when approved by the City Council on the Site Plan following a favorable recommendation by the Planning & Zoning Commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a Site Plan that shows such a reduced 0' side yard setback between two nonresidential buildings shall be discretionary in nature, and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures.
3.
Maximum Lot Coverage - Fifty percent (50%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
4.
Maximum Floor Area Ratio (FAR) - Point five to one (.5:1)
5.
Maximum Building Size - The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot’s size, minimum building setbacks, maximum of 50% lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements.
E.
Parking Requirements - As established by Section XVI, Off-Street Parking and Loading Requirements.
G.
Special Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Lighting - See Section XIV.1.3 [15.04.033]
3.
Site Plan Review - See Section XIV.1.5 [15.04.035]
6.
Temporary Outside Display - Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, landscape vegetation, etc.) shall be allowed but limited to the following:
a.
A permit from the City is required for each seasonal display.
b.
The display in any of the parking spaces that are required by this Ordinance for the primary use(s) of the property is prohibited. Additional parking spaces or improved surface, constructed for the purpose of temporary outside display shall be specifically identified on the required Site Plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area.
c.
Temporary outside display located in the designated parking spaces shall be surrounded by a temporary fence (i.e., materials such as wood and cinder block).
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
e.
At no time shall public rights-of-way, pedestrian walkways or adjacent properties be obstructed by display merchandise.
f.
All merchandise shall be displayed in a orderly manner, and the display area shall be maintained in a clean, litter-free manner.
7.
Long-term or Permanent Open Storage - Long-term or permanent open storage is prohibited.
H.
Building Facade Plans (Elevations) - See Section XIV.1.6 [15.04.036]
I.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
J.
Signs - See Section XIV.1.8 [15.04.038]
IX.2.8
R - Retail District
A.
General Purpose and Description.
The Retail, “R”, district is established to provide for retail areas and service facilities serving a neighborhood or several neighborhoods and designed as a retail center. These shopping areas should utilize established landscape and buffering requirements. The Retail district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes.
B.
Permitted Uses. Those uses listed for the R district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lot
a.
Minimum Lot Area - Forty-three thousand five hundred sixty (43,560) square feet or one (1) acre, or a minimum of ten thousand (10,000) square feet on a collector or local/residential street only with a Specific Use Permit
b.
Minimum Lot Width - One hundred feet (100'), except one hundred and fifty feet (150') along Interstate 35 or other regional major thoroughfare frontage
c.
Minimum Lot Depth - One hundred feet (100')
2.
Size of Yards
a.
Minimum Front Yard - Thirty feet (30') from ultimate right-of-way line of roadway on all roadways; all yards adjacent to a street shall be considered a front yard (see Section XV.1.5 for additional setback requirements)
b.
Minimum Side and Rear Yard - Twenty feet (20') unless adjacent to a residentially zoned or use of property (see subsection below)
c.
Minimum Side or Rear Yard Adjacent to a Residential District - Twenty-five feet (25') for one-story building, and an additional one foot (1') for every one foot (1') (or fraction thereof) above one story in height
d.
Interior Side Yards - The interior side yard setback between two nonresidential buildings may be reduced to zero feet (0') where the two buildings share a common interior lot line, where construction of a party wall in accordance with the City’s Building Codes is used, and when approved by the City Council on the Site Plan following a favorable recommendation by the Planning & Zoning Commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a Site Plan that shows such a reduced 0' side yard setback between two nonresidential buildings shall be discretionary in nature, and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures.
3.
Maximum Lot Coverage - Fifty percent (50%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
4.
Maximum Floor Area Ratio (FAR) - One to one (1:1)
5.
Maximum Building Size - The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot’s size, minimum building setbacks, maximum of 50% lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements.
E.
Parking Requirements - As established by Section XVI, Off-Street Parking and Loading Requirements.
G.
Special Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Lighting - See Section XIV.1.3 [15.04.033]
3.
Site Plan Review - See Section XIV.1.5 [15.04.035]
6.
Temporary Outside Display - Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, landscape vegetation, etc.) shall be allowed but limited to the following:
a.
A permit from the City is required for each seasonal display.
b.
The display in any of the parking spaces that are required by this Ordinance for the primary use(s) of the property is prohibited. Additional parking spaces or improved surface constructed for the purpose of temporary outside display shall be specifically identified on the required Site Plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area.
c.
Temporary outside display located in the designated parking spaces shall be surrounded by a temporary fence (i.e., materials such as wood and cinder block).
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
e.
At no time shall public rights-of-way, pedestrian walkways or adjacent properties be obstructed by display merchandise.
f.
All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner.
7.
Long-term or Permanent Outside Display - Long-term or permanent outside display area shall be allowed if the following criteria are followed:
a.
All display merchandise shall be limited to the area in front of the main building between the fire lane and the front building facade. In the event the subject project has multiple entrances (i.e., multiple front facades) only one side shall be allowed to have outside display.
b.
The amount of display area shall not exceed sixty percent (60%) of the front facade of the main building, exclusive of doors, windows and driveways.
c.
Display merchandise shall not encroach into the fire lane, parking lot/spaces, walkways, rights-of-way or roadways.
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way, nor obstruct any designated fire lane.
e.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
8.
Long-term or Permanent Open Storage - Long-term or permanent open display and storage shall require the application for, approval of and issuance of a Specific Use Permit (SUP) in accordance with Section XI.4.4 [IX.4.4] of this Ordinance. A maximum of five percent (5%) of the total lot area may be designated for long-term, permanent open storage and shall be screened from public view, shall not be located on top of the building. Screening for long-term, permanent open storage shall conform to the following:
a.
Open display and storage for merchandise such as garden supplies, landscape vegetation, lawn mowers, building materials, etc. requires an extension of the masonry wall of the front facade and, at a minimum, chain-link fencing and solar screening with masonry columns. The masonry columns shall be a minimum of thirty feet (30') apart and are required on the sides exclusive of the front facade and the wall adjacent to the main structure. Also, the screening of chain-link fencing and solar screening is inclusive of the roof. The storage area, as an extension of the main building, is at least the same height as the product to be screened, but extending no higher than the roof of the main building and constructed to one side of the main building. Solar screening shall be maintained in good condition. No tarps or other fabric-like screening shall be allowed. No merchandise from this area shall be placed outside the open storage area. The required Site Plan shall reflect the open storage area with a detailed description of building materials.
In the event this open display and storage area abuts a similar nonresidential district or is not visible from any public right-of-way or the general public, the Planning and Zoning Commission and City Council, upon proper request by applicant, may consider a proposal for less screening.
b.
Long-term, permanent open storage of shopping carts requires a designated area, identified in the required Site Plan, adjacent to and made a part of the main building. The designated area shall be along the front facade of the project and be screened from public view by an approved masonry wall, not to exceed four feet (4') in height, and may include an ornamental feature reaching above the wall. Such ornamental feature may take the form of a waterfall, live vegetation, lighting or other items that enhance the beauty of the main building and, for purposes of the safety of the general public, does not entirely block the view from persons inside and outside the open storage area. This designated open storage area is not to be confused with the various shopping cart cages (temporary storage) located in the parking lot for the convenience of the customers.
H.
Building Facade Plans (Elevations) - See Section XIV.1.6 [15.04.036]
I.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
J.
Signs - See Section XIV.1.8 [15.04.038]
IX.2.9
“TC” - Town Center.
A.
General Purpose and Description. The Town Center, “TC”, District is available only for use as a Planned Development district, requirements of which are set forth in Section IX.4.2 below, and only within the area zoned for the Town Center. The standards of the Town Center base district, as well as the permitted uses, shall remain in effect unless requested, amended and approved at the time of application. The development standards in the Town Center, “TC”, district, are designed to maintain and encourage the development of a downtown area of the City in a “pedestrian friendly” environment that is conducive to special events such as sidewalk sales, street dances, festivals, and other similar events. Standards are generally intended to regulate development such that this District becomes the focal point of the City. The Town Center District is premised upon the development and promotion of a pedestrian-oriented and community-friendly area with an architectural style of the “1920’s-style Town Center” (as depicted on Illustration “A”, attached).
B.
Permitted Uses. Those uses listed for the “TC” district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
2.
Size of Yards
a.
Minimum Front Yard - to accommodate sidewalks with a minimum width of eight feet (8') from the back of the street curb to the front of the building
b.
Minimum Side Yard - zero feet (0') if next to another Town Center district building, or shall match the required front yard setback if on a street or alley corner
c.
Minimum Rear Yard - twenty-five feet (25')
3.
Maximum Lot Coverage - sixty-five percent (65%) including main and accessory buildings
4.
Maximum Floor Area Ratio (FAR) - one to one (1:1)
E.
Design Standards for the “TC” District. In combination with the design standards setout below, the City of Glenn Heights requires development within the Town Center District to meet the architectural style of “1920’s Town Center” as depicted on Illustration “A”, attached hereto and made a part of this Ordinance.
1.
Building Massing and Scale - A building’s massing is its exterior volume and its scale is the relationship of its overall size and its component parts with its adjoining buildings, spaces and people.
2.
Building Rhythm - A building’s rhythm is the pattern created by the regular recurrence or alteration of its constituent architectural components.
a.
Nonresidential and mixed use buildings in the Town Center, to the extent practicable.
b.
Variations in the rhythms within individual building facades shall be achieved within any block of building facades.
c.
Breaks in the predominate rhythm may also be used to reinforce changes in massing and important elements such as building entrances or pedestrian pass-throughs.
3.
Architectural Elements - Architectural elements are the individual components of a building, including walls, doors, windows, cornices, parapets, roofs, pediments and other features. Architectural composition is the relationship between the architectural elements in an individual building. Architectural elements shall be designed to the appropriate scale and proportions of the selected architectural style. (i.e., Building designs based on an Art Deco style shall utilize architectural elements of a scale and proportion characteristic of that style.)
a.
Entrances - The design and location of building entrances in the Town Center district are important to help define the pedestrian environment and create real- [sic] and community-friendly environments.
i.
Entrances shall be easily identifiable as primary points of access to buildings.
ii.
Building entrances may be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and others as appropriate. All building elements should be compatible with the architectural style, materials, colors and details of the building as a whole.
iii.
Entrances to upper-level uses may be defined and integrated into the design of the overall building facade.
b.
Facade Treatments - Facade treatments are that portion of a building’s elevation facade facing any public street extending from the ground to the roof that consists of a single layer or architectural expression.
i.
Retail ground floors shall have windows covering a minimum of forty percent (40%) of the major street fronting facade(s). Other ground level uses shall have facade treatments appropriate to such use(s).
ii.
All sides of a building shall be consistent with respect to style, material, colors and details only to the extent that they establish continuity with the main street-front facade.
iii.
On facades fronting on service or parking areas and along secondary streets, windows need not be provided at the ground floor level. However, buildings should avoid long, monotonous, uninterrupted walls. Building wall offsets, including projections, recesses, niches, fenestration, or changes of materials or color shall be used to add architectural variety and interest, and to relieve the visual impact of a blank wall.
iv.
Parapet and roof-line offsets between facades may be provided in order to break down the scale of the block and create architectural interest and variety.
v.
Architectural elements, such as canopies, awnings, roof and floor overhands [overhangs], and colonnades shall be provided as appropriate to protect pedestrians, help unify parts of a building or block, provide human scale, or provide a backdrop for signage and graphics.
c.
Storefronts - Retailers located at the street level primarily use storefronts to orient and advertise merchandise to customers.
4.
Pedestrian Network and Streetscape
a.
Pedestrian Network - Sidewalks are a critical part of pedestrian connectivity in the Town Center district. In order to enhance the safety of the pedestrian environment, all development in the Town Center district shall be subject to the following:
i.
The street network, with its adjoining sidewalks, shall function as the primary pedestrian network.
ii.
Where necessary mid-block pedestrian connections from the street to parking lots at the rear of the building(s) shall be provided at key points.
iii.
Pedestrian crosswalks shall be clearly designated and provided at all key street intersections.
iv.
Sidewalks shall be constructed from the back of curb to the building front or property line.
v.
Sidewalks shall be a minimum of eight feet (8') measured from the back of the curb to the building facade. That portion of the sidewalk that is free of any obstructions to allow for the passage of pedestrians shall be a minimum of six feet (6').
b.
Streetscape Treatment - The following guidelines for streetscape standards are provided in order to create an attractive and animated sidewalk environment. The developer shall propose a well-designed and unified streetscape plan for key streets in the Town Center district.
i.
Street trees shall be selected and placed with the approval of the City at the time of Site Plan submittal, review and consideration.
ii.
Street trees shall be planted in accordance with the Landscape Plan proposed by the developer and approved by City Council.
iii.
Street furnishings shall be installed in accordance with a Streetscape Plan proposed by the developer and approved by City Council. Street furnishings may include planting strips, raised planters, trash receptacles, streetlight standards, street signs, way-finding signs, media boxes, seating, public art, water features, fire hydrants, etc.
iv.
Street furnishings shall be constructed of a long-life, low-maintenance material and shall be the responsibility of the owner.
F.
Parking Requirements - One (1) space per one hundred (100) square feet of gross floor area, and each use shall provide a minimum of four (4) spaces. On-street parking (parallel or head-in) shall be permitted in this district. Parking shall not be located and designed in such a manner to discourage or conflict with pedestrians. For any use which cannot provide off-street parking due to the size or location of the lot, such parking may be provided on other property not more than two hundred feet (200') from the site, in accordance with Article XVI of this Ordinance. In cases where the parking requirement cannot be achieved, up to twenty-five percent (25%) of the parking requirement may be waived by the City Council on the Site Plan, or may be provided as head-in parking spaces and/or off-site with City Council approval on the Site Plan for such an alternative arrangement.
G.
Special Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Site Plan Review
a.
Public hearing, review and approval of a Site Plan by the Planning and Zoning Commission and the City Council (in accordance with Section VIII.9.3) shall be required for site development and construction of any structure within the “TC” district. No Certificate of Occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the City Council.
b.
For site development and construction, building facade (i.e., elevation) plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the road(s) upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. Architectural style and scale of buildings within the “TC” district shall be compatible with the styles and scale of other adjacent buildings to create and preserve the unique character of the downtown area.
The City Manager or his/her designee may, as he/she deems appropriate, require submission of additional information and materials (possibly actual samples of materials to be used) during the Site Plan review process.
c.
A public hearing is required by the Planning and Zoning Commission and the City Council for all Site Plans within the “TC” district. Development standards for all uses in the “TC” district shall be established on the Site Plan and all supporting information will be required at the time of approval.
3.
Utilities - All utility lines to business establishments shall be placed underground.
6.
Lighting - See Section XIV.1.3 [15.04.033].
7.
Temporary Outside Display - Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, live vegetation etc.) shall be allowed but limited to the following:
a.
A permit from the City is required for each seasonal display.
b.
Display merchandise may be placed/located at the front facade of the main building but at no time shall not [sic] inhibit pedestrian traffic on the sidewalks, be located in required parking spaces, restrict rights-of-way, or obstruct adjacent properties.
c.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way (i.e., sidewalk sales cannot block the sidewalk or extend out into the street).
d.
Merchandise shall only be located in front of the property/business that is selling the item(s).
e.
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
f.
All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner.
8.
Long-term and Permanent Open Storage - Long-term and permanent open storage is prohibited in the “TC” district.
H.
Building Facade Plans (Elevations) - See Section XIV.1.6 [15.04.036]
I.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
IX.2.10
“C” - Commercial District
A.
General Purpose and Description. The Commercial, “C”, district, is intended to provide a location for commercial and service-related establishments, such as wholesale product sales, welding/contractors shops, automotive repair services, upholstery shops, region-serving shopping centers with large-scale anchor businesses, and other similar higher intensity retail and commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see Section XVII.5.3 [Article 15.02]). Some light manufacturing may also be allowed with certain conditions. The uses envisioned for the district will typically utilize smaller sites and have operation characteristics that are generally not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets shall also be a primary consideration.
B.
Permitted Uses. Those uses listed for the C district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
2.
Size of Yards
a.
Minimum Front Yard - Sixty feet (60') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section XV.1.5 for additional setback requirements)
b.
Minimum Side and Rear Yard - Twenty feet (20') unless adjacent to a residentially zoned or use of property (see subsection below)
c.
Minimum Side or Rear Yard Adjacent to a Residential District - Twenty feet (20') for one-story building, and an additional one foot (1') for every one foot (1') (or fraction thereof) above one story in height
d.
Interior Side Yards - The interior side yard setback between two nonresidential buildings may be reduced to zero feet (0') where the two buildings share a common interior lot line, where construction of a party wall in accordance with the City’s Building Codes is used, and when approved by the City Council on the Site Plan following a favorable recommendation by the Planning & Zoning Commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., shall not be waived, just provided somewhere else). Approval of a Site Plan that shows such a reduced 0' side yard setback between two nonresidential buildings shall be discretionary in nature, and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures.
3.
Maximum Lot Coverage - Fifty percent (50%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way.
5.
Maximum Floor Area Ratio (FAR) - Point five to one (0.5:1)
6.
Minimum Building Size - The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot’s size minimum building setbacks, maximum of 50% lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements.
E.
Parking Requirements - As established by Article XVI, Off-Street Parking and Loading Requirements.
G.
Special Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Lighting - See Section XIV.1.3 [15.04.033]
3.
Site Plan Review - See Section XIV.1.5 [15.04.035]
6.
Temporary Outside Display - Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, landscape vegetation, etc.) shall be allowed but limited to the following:
a.
A permit from the City is required for each seasonal display.
b.
The display in any of the parking spaces that are required by this Ordinance for the primary use(s) of the property is prohibited. Additional parking spaces or improved surface constructed for the purpose of temporary outside display shall be specifically identified on the required Site Plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area.
c.
Temporary outside display located in the designated parking spaces shall be surrounded by a temporary fence (i.e., materials such as wood and cinder block).
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
e.
At no time shall public rights-of-way, pedestrian walkways or adjacent properties be obstructed by display merchandise.
f.
All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner.
7.
Long-term or Permanent Outside Display - Long-term or permanent outside display area shall be allowed if the following criteria are followed:
a.
All display merchandise shall be limited to the area in front of the main building between the fire lane and the front building facade. In the event the subject project has multiple entrances (i.e., multiple front facades) only one side shall be allowed to have outside display.
b.
The amount of display area shall not exceed sixty percent (60%) of the front facade of the main building, exclusive of doors, windows and driveways.
c.
Display merchandise shall not encroach into the fire lane, parking lot/spaces, walkways, rights-of-way or roadways.
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way, nor obstruct any designated fire lane.
e.
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
8.
Long-term or Permanent Open Storage - Long-term or permanent open display and storage shall require the application for, approval of and issuance of a Specific Use Permit (SUP) in accordance with Section XI.4.4 [IX.4.4] of this Ordinance. A maximum of five percent (5%) of the total lot area may be designated for long-term, permanent open storage and shall be screened from public view but shall not be located on top of the building. Screening for long-term, permanent open storage shall conform to the following:
a.
Open display and storage for merchandise such as garden supplies, landscape vegetation, lawn mowers, building materials, etc. requires an extension of the masonry wall of the front facade and, at a minimum, chain-link fencing and solar screening with masonry columns. The masonry columns shall be a minimum of thirty feet (30') apart and are required on the sides exclusive of the front facade and the wall adjacent to the main structure. Also, the screening of chain-link fencing and solar screening is inclusive of the roof. The storage area, as an extension of the main building, is at least the same height as the product to be screened, but extending no higher than the roof of the main building and constructed to one side of the main building. Solar screening shall be maintained in good condition. No tarps or other fabric-like screening shall be allowed. No merchandise from this area shall be placed outside the open storage area. The required Site Plan shall reflect the open storage area with a detailed description of building materials.
In the event this open display and storage area abuts a similar nonresidential district or is not visible from any public right-of-way or the general public, the Planning and Zoning Commission and City Council, upon proper request by applicant, may consider a proposal for less screening.
b.
Long-term, permanent open storage of shopping carts requires a designated area, identified in the required Site Plan, adjacent to and made a part of the main building. The designated area shall be along the front facade of the project and be screened from public view by an approved masonry wall, not to exceed four feet (4') in height, and may include an ornamental feature reaching above the wall. Such ornamental feature may take the form of a waterfall, live vegetation, lighting or other items that enhance the beauty of the main building and, for purposes of the safety of the general public, does not entirely block the view from persons inside and outside the open storage area. This designated open storage area is not to be confused with the various shopping cart cages (temporary storage) located in the parking lot for the convenience of the customers.
H.
Building Facade Plans (Elevations) - See Section XIV.1.6 [15.04.036]
I.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
J.
Signs - See Section XIV.1.8 [15.04.038]
IX.2.11
I - Industrial District
A.
General Purpose and Description. The Industrial, “I”, district provides for a wide range of commercial and industrial uses all of which should be comparatively nuisance free and may be governed by appropriate business regulations. This district may take the form of an Industrial or Business Park. Activities primarily intended are light manufacturing, assembling and fabrication activities, warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation such as the railroad. The district specifically excludes residences on the basis that the mixture of residential use and public services and facilities for residences with those for industry is contrary to the purpose of these regulations.
B.
Permitted Uses. Those uses listed for the “I” district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lot
a.
Minimum Lot Area - One acre (43,560 square feet); Industrial zoning shall not be located closer than one thousand feet (1,000') from I35 or other major regional thoroughfares; however, an Industrial zoned lot or site may derive access from I35 or other major regional thoroughfare via a public street, but no less than a collector street, or a private entrance that passes through other appropriately zoned property provided that the applicable street right-of-way or common fire lane/access easement is dedicated by Plat or by other recorded instrument that is acceptable to the City.
b.
Minimum Lot Width - One hundred feet (100'); an entrance for an Industrial zoned lot or site from I35 or other major regional thoroughfare shall be the width of the access-giving public street or private fire lane/ access easement.
c.
Minimum Lot Depth - One hundred fifty feet (150') from the front (i.e., addressed) street right-of-way line.
2.
Size of Yards
a.
Minimum Front Yard - Sixty feet (60') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section XV.1.5 for additional setback requirements)
b.
Minimum Side and Rear Yard - Twenty-five feet (25') unless adjacent to a residentially zoned or use of property (see subsection below)
c.
Minimum Side or Rear Yard Adjacent to a Residential District - Fifty feet (50') for one-story building, and an additional one foot (1') for every story (or fraction thereof) above one story in height
3.
Maximum Lot Coverage - Sixty percent (60%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
4.
Maximum Floor Area Ratio (FAR) - Point five to one (.5:1)
5.
Maximum Building Size - The maximum building footprint (first floor) area of a structure shall be determined and limited by applying the lot’s size, minimum building setbacks, maximum of 60% lot coverage, minimum parking requirement, minimum landscaping percentage and areas, and other pertinent development requirements.
E.
Parking Requirements - As established by Article XVI, Off-Street Parking and Loading Requirements.
G.
Special Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Lighting - See Section XIV.1.3 [15.04.033]
3.
Site Plan Review - See Section XIV.1.5 [15.04.035]
4.
Landscaping Requirements
a.
Any Industrial District deriving its access (driveway) from a private entrance from I-35 or another major regional thoroughfare shall landscape a minimum of seventy-five percent (75%) of the front yard setback along the thoroughfare and thirty percent (30%) of the remaining private entrance. See Section XVII.1.7 [Article 15.02] for landscaping requirements.
6.
Temporary Outside Display - Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, landscape vegetation, etc.) shall be allowed but limited to the following:
a.
A permit from the City is required for each seasonal display.
b.
The display in any of the parking spaces that are required by this Ordinance for the primary use(s) of the property is prohibited. Additional parking spaces or improved surface constructed for the purpose of temporary outside display shall be specifically identified on the required Site Plan and shall be clearly and distinctively marked (i.e., different paint color) as a designated display area.
c.
Temporary outside display located in the designated parking spaces shall be surrounded by a temporary fence (i.e., materials such as wood and cinder block).
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
e.
At no time shall public rights-of-way, pedestrian walkways or adjacent properties be obstructed by display merchandise.
f.
All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner.
7.
Long-term or Permanent Outside Display - Long-term or permanent outside display area shall be allowed if the following criteria are followed:
a.
All display merchandise shall be limited to the area in front of the main building between the fire lane and the front building facade. In the event the subject project has multiple entrances (i.e., multiple front facades) only one side shall be allowed to have outside display.
b.
The amount of display area shall not exceed sixty percent (60%) of the front facade of the main building, exclusive of doors, windows and driveways.
c.
Display merchandise shall not encroach into the fire lane, parking lot/spaces, walkways, rights-of-way or roadways.
d.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way, nor obstruct any designated fire lane.
e.
All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner.
8.
Long-term or Permanent Open Storage - Long-term or permanent open display and storage shall require the application for, approval of and issuance of a Specific Use Permit (SUP) in accordance with Section XI.4.4 [IX.4.4] of this Ordinance. A maximum of five percent (5%) of the total lot area may be designated for long-term, permanent open storage and shall be screened from public view but shall not be located on top of the building. Screening for long-term, permanent open storage shall conform to the following:
a.
Open display and storage for merchandise such as garden supplies, landscape vegetation, lawn mowers, building materials, etc. requires an extension of the masonry wall of the front facade and, at a minimum, chain-link fencing and solar screening with masonry columns. The masonry columns shall be a minimum of thirty feet (30') apart and are required on the sides exclusive of the front facade and the wall adjacent to the main structure. Also, the screening of chain-link fencing and solar screening is inclusive of the roof. The storage area, as an extension of the main building, is at least the same height as the product to be screened, but extending no higher than the roof of the main building and constructed to one side of the main building. Solar screening shall be maintained in good condition. No tarps or other fabric-like screening shall be allowed. No merchandise from this area shall be placed outside the open storage area. The required Site Plan shall reflect the open storage area with a detailed description of building materials.
In the event this open display and storage area abuts a similar nonresidential district or is not visible from any public right-of-way or the general public, the Planning and Zoning Commission and City Council, upon proper request by applicant, may consider a proposal for less screening.
b.
Long-term, permanent open storage of shopping carts requires a designated area, identified in the required Site Plan, adjacent to and made a part of the main building. The designated area shall be along the front facade of the project and be screened from public view by an approved masonry wall, not to exceed four feet (4') in height, and may include an ornamental feature reaching above the wall. Such ornamental feature may take the form of a waterfall, live vegetation, lighting or other items that enhance the beauty of the main building and, for purposes of the safety of the general public, does not entirely block the view from persons inside and outside the open storage area. This designated open storage area is not to be confused with the various shopping cart cages (temporary storage) located in the parking lot for the convenience of the customers.
H.
Building Facade Plans (Elevations) - See Section XIV.1.6 [15.04.036]
I.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
J.
Signs - See Section XIV.1.8 [15.04.038]
(Ordinance O-03-09 adopted 4/20/09; Ordinance O-01-20, secs. 2–7, adopted 3/17/20)
§ 3 PROVISIONAL DISTRICTS.
Provisional Districts are available only for use within a Planned Development and only in combination with Base Districts as listed in Section IX.1 above. The standards set for the Base District shall remain in effect unless requested and approved at the time of application. The Provisional Districts are adopted and offered for use as incentive for a more dense residential development but in not instance shall more than one Provisional District be used within a Planned Development district. A successful application for a Planned Development district including one of the Provisional Districts shall also include Retail and/or Neighborhood Services in an amount no less than twenty percent (20%) and common open space at a ratio of one (1) acre per fifty (50) residential dwelling units, single-family or multifamily unless otherwise approved by the City Manager or his/her designee. Open Space may be developed as one large park or with a maximum of twenty-five [percent] (25%) as neighborhood pocket parks, shall include playground equipment, walking and biking trails, pavilions, etc. but shall be approved at the time of Site Plan. No Concept Plan or Site Plan shall be approved without a mix of uses. Phasing of a Planned Development district including a Provisional District shall account for proportional amounts of nonresidential development and open space with residential development. No building permit for construction of a Provisional District may be issued until a Certificate of Occupancy is issued for the non-Provisional District uses and development of the required Open Space is in progress.
IX.3.1
SF-4 - Single-Family Residential-4 District
A.
General Purpose and Description. The Single-Family Residential-4, “SF-4”, district is intended to provide for development of and be composed of primarily single-family detached dwellings on smaller and more compact lots of not less than seven thousand five hundred (7,500) square feet. SF-4 is available only as a Provisional District and shall, in no instance, account for more than fifteen percent (15%) of the total residential units within the approved development. Lots meeting the SF-4 district criteria shall be grouped together and may be used as a buffer between residential and nonresidential districts. Areas zoned for the SF-4 district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses. Those uses listed for the SF-4 district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lots
a.
Minimum Project Area - Determined by Planned Development and maximum percentage for Provisional District.
b.
Minimum Lot Area - Seven thousand five hundred (7,500) square feet; also, the minimum average lot area shall be nine thousand (9,000) square feet in order to provide diversity in lot sizes within each SF-4 neighborhood; maximum density three and one-half (3.5) dwelling units per acre
c.
Minimum Lot Width - Seventy feet (70')
d.
Minimum Lot Depth - One hundred feet (100')
2.
Size of Yards
a.
Minimum Front Yard - Twenty-five feet (25')
b.
Minimum Side Yard - Ten percent (10%) or five feet (5') for interior side yard; fifteen feet (15') for a corner lot on a residential or collector street; twenty-five feet (25') for a corner lot on an arterial street
c.
Minimum Rear Yard - Twenty feet (20')
3.
Maximum Lot Coverage - Thirty-five percent (35%) for the main building; sixty percent (60%) for the main building and any accessory buildings, driveways and parking areas combined
4.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed, attached parking spaces behind the front building line on the same lot as the main structure, plus two (2) additional parking spaces on a paved driveway having a minimum length of thirty feet (30') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk).
F.
Minimum Floor Area per Dwelling Unit - One thousand five hundred and fifty (1,550) square feet; also, the minimum average floor area shall be one thousand seven hundred (1,700) square feet in order to provide diversity in house sizes within each SF-4 neighborhood.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
J.
Driveway - See Section VII.1.4 [XII.1.4 [15.04.004]]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Building Facade Plans (Elevations) - For any on-site facilities within the SF-4 District, see Section XIV.1.6 [15.04.036].
M.
Lighting - See Section XII.1.6 [15.04.006]
N.
Special Requirements - See Section XII.1.7 [15.04.007]
IX.3.2
SF-PH - Single-Family Residential - Patio Home District (Zero-Lot-Line Homes)
A.
General Purpose and Description. The Single-Family Residential-Patio Home, “SF-PH”, district is designed to provide for development of primarily detached single-family residences on compact lots having one side yard reduced to zero feet (i.e., “zero-lot-line”), and having not less than four thousand (4,000) square feet. Patio Home developments shall be arranged in a clustered lot pattern with a common usable open space system that is an integral part of the development. Individual ownership of each lot is required and this District may serve as a “buffer” or a transition between lower density residential areas or nonresidential areas along major thoroughfares. SF-PH is available only as a Provisional District and shall, in no instance, account for more than fifteen percent (15%) of the total residential units within the approved development. Areas zoned for the SF-PH District shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses. Those uses listed for the SF-PH district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
D.
Area Regulations
1.
Size of Lots
a.
Minimum Lot Area - Four thousand (4,000) square feet; also, the minimum average lot area shall be four thousand seven hundred (4,700) square feet in order to provide diversity in lot sizes within each SF-PH neighborhood; maximum density eight (8) dwelling units per acre
b.
Maximum Project Size - The maximum size of a patio home development shall be determined by the Planned Development and maximum percentage for a Provisional District.
c.
Minimum Lot Width - Forty-five feet (45')
d.
Minimum Lot Depth - Eighty feet (80')
2.
Size of Yards
a.
Minimum Front Yard - Twenty feet (20'); twenty-five feet (25') to the garage door face for front-entry homes
b.
Minimum Side Yard - One side yard reduced to zero feet (0'); other side yard a minimum of ten feet (10') required with fifteen feet (15') required on corner lots adjacent to a residential or collector street, and twenty-five feet (25') required on corner lots adjacent to an arterial street
c.
Minimum Rear Yard - Fifteen feet (15'); twenty feet (20') for rear garage entry
3.
Maximum Lot Coverage - Fifty percent (50%) for the main building; sixty-five percent (65%) for the main building and any accessory buildings, driveways and parking areas combined
E.
Parking Regulations
1.
Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure, plus one (1) additional parking space on the paved driveway.
2.
Visitor Parking - One (1) parking space per dwelling unit (off-street) which is located within three hundred feet (300') of each dwelling unit.
F.
Minimum Floor Area per Dwelling Unit - One thousand five hundred (1,500) square feet.
G.
Minimum Exterior Construction Standards - All exterior wall elevations of each primary structure and any detached garage shall be constructed of one hundred percent (100%) masonry construction to include brick, stone, granite or marble; excluding doors and windows.
H.
Chimney Design - See Section XII.1.1(E) [15.04.001(e)]
I.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
J.
Minimum Landscaping Requirements - Sixty percent (60%) of the street yard; see Section XVII.1.6 [Article 15.02]
L.
Special Requirements
1.
One side yard shall be reduced to zero feet, while the other side yard shall be a minimum of ten feet (10); fifteen feet (15') for a corner lot on the residential or collector street side, or twenty-five feet (25') for a corner lot on an arterial street. A minimum six-foot (6') wide maintenance easement shall be placed on the adjacent lot (i.e., the other side of the zero-lot-line) to enable the property owner to maintain that portion of his/her house that is on the zero-lot-line. Side yards and maintenance easements shall be shown on the subdivision plat. A minimum separation between patio homes of ten feet (10') shall be provided. Roof overhangs will be allowed to project into the maintenance easement a maximum of twenty-four inches (24").
2.
All utilities shall be provided separately to each lot in the SF-PH district so that each dwelling unit is individually metered.
3.
Maintenance Requirements for Common Areas - A homeowners’ association (HOA) is required for continued maintenance of common land and facilities.
4.
Usable Open Space Requirements - The required percentage of open space shall be in compliance with those set forth in the Provisional District Requirements, Article XIII.
5.
Landscaped Areas - Additional common open space and landscaped areas that do not qualify as usable open space may be provided, but shall not be counted toward the usable open space requirement.
6.
Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-3 zoning district.
7.
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited unless another garage of the same size (i.e., that has the same number of parking spaces) is built, simultaneously with the garage enclosure, elsewhere on the same lot within the proper setbacks, not exceeding the maximum lot coverage, etc.
8.
Recreational vehicles, travel trailers, camper trailers, campers, trailers, boats, boat trailers, motor homes or other recreational vehicles or equipment may not be used for on-site dwelling purposes, and shall be prohibited from being parked in this zoning district.
9.
Electrical fencing and barbed wire is prohibited as perimeter fencing.
10.
Open storage is prohibited (except for usable materials for the resident’s personal use or consumption such as firewood, garden materials, lawn equipment that is in usable and running condition, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties).
11.
Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage to the side property line for maneuvering. The minimum setback from any garage door to a street or alley right-of-way line shall also be twenty-five feet (25').
12.
Swimming pools, spas and hot tubs shall comply with the Uniform Swimming Pool, Spa and Hot Tub Code, as amended, and the City of Glenn Heights’ Codes and Ordinances pertaining to same.
13.
Site Plan approval shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH district. Any nonresidential land use which may be permitted in this district shall conform to the “NS” - Neighborhood Service district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
M.
Other Regulations - See Articles XII [15.04, division 1], XV, XVI and XVII and standards established by the Subdivision Regulations.
IX.3.3
MF - Multifamily Residential District.
A.
General Purpose and Description.
The Multifamily Residential, “MF” district is intended to promote the development of and be comprised of attached residential dwellings for more than two families. The maximum density is fourteen (14) dwelling units per acre. The principal permitted land uses will include low- and mid-rise multiple-family dwellings and garden apartments. MF is available only as a Provisional District and may only be approved through the Planned Development rezoning process. Development meeting the MF district criteria shall be grouped together and may be used as a buffer between residential and nonresidential districts. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between nonresidential development or heavy automobile traffic and medium- or low-density residential development. Areas zoned for the MF district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete drive aisles with logical and efficient vehicular circulation patterns; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses.
1.
Those uses listed for the MF district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
2.
Multiple-Family Dwellings greater than two (2) units per building.
3.
Municipally owned facilities and uses.
4.
Leasing offices for the apartment complex.
5.
Temporary field construction offices for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work, by order of the Building Official. Specific time allowed and location shall be specified by the Building Official.
6.
Accessory buildings and uses customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business, except as provided herein:
b.
Accessory buildings greater than two hundred fifty (250) square feet require a Specific Use Permit (SUP), must be “site built” and conform to the following conditions:
i.
The exterior must be constructed of like and similar materials to those of the primary structure;
ii.
The accessory building, including any item attached to its roof, shall not exceed a maximum height of fifteen feet (15') at its tallest point;
iii.
The accessory building shall be constructed with a roof pitch matching that of the primary structure;
iv.
Accessory buildings located closer than ten feet (10') from a side or rear lot line of a corner lot, must be screened from the side and rear with an opaque fence of a minimum six feet (6') in height; and
v.
See Section XII.1.3 [15.04.003] for additional accessory building regulations.
7.
Swimming Pool (available for use by the residents and guests of the multifamily complex).
8.
Common areas, community center, recreation center, and other facilities or amenities, provided they are for use by the residents and guests of the multifamily complex.
9.
Such uses as may be permitted under the provisions of Specific Use Permits, Section XI.4.4 [IX.4.4], for Multiple-Family (MF) Districts.
C.
Maximum Height.
1.
Two and one-half (2.5) stories, or thirty-five feet (35') for the main building/house; where a structure exceeds twenty-five feet (25') in height, it shall be set back from the front property line one (1) additional foot beyond the required front yard setback for each foot above twenty-five feet (25') in height.
2.
Fifteen feet (15') for other accessory buildings, including detached garage, garden shed, carports, gazebo, clubhouse, mail kiosks, laundry rooms, etc.
D.
Area Regulations.
1.
Size of Lots.
a.
Minimum Project Area - Determined by Planned Development and maximum percentage for Provisional District.
b.
Minimum Lot Area - Three thousand (3,000) square feet per dwelling unit, not to exceed fourteen (14) dwelling units per acre (calculated on gross platted acreage).
c.
Minimum Lot Width - One hundred feet (100')
d.
Minimum Lot Depth - One hundred twenty feet (120')
e.
Special Exception - If a property was platted or zoned for MF prior to the effective date of this Ordinance, then it can remain its original size and configuration and does not have to meet the minimum project size, lot width or lot depth stated above. The property shall conform to all other MF development standards herein, unless the building setbacks shown on a recorded Plat vary from those contained herein, in which case the platted setbacks shall prevail unless a Replat modifies same.
2.
Size of Yards.
a.
Minimum Front Yard - Forty feet (40'). All areas adjacent to a street shall be deemed front yards.
b.
Minimum Side and Rear Yard - Twenty feet (20'), unless adjacent to a single-family or patio home district then side and rear setbacks shall be according to the height of the multifamily building, as follows:
c.
Building Separation
i.
One-story buildings - Fifteen feet (15') for buildings without openings; twenty-five feet (25') for buildings with openings
ii.
Two-story buildings (or a two-story building adjacent to a one-story building) - Twenty feet (20') for buildings without openings; thirty-five feet (35') for buildings with openings
iii.
Over two-story buildings (or an over two-story building adjacent to a one- or two-story building) - Thirty-five feet (35') for buildings with or without openings
3.
Minimum Floor Area per Dwelling Unit.
a.
Efficiency unit - Five hundred (500) square feet per unit.
b.
One-bedroom unit - Eight hundred (800) square feet per unit.
c.
Two- or three-bedroom units - An additional one hundred fifty (150) square feet for every bedroom over one (e.g., three-bedroom unit must have eleven hundred (1,100) square feet, etc.).
d.
No units larger than three-bedroom is allowed.
4.
Dwelling Unit Mix - Not more than fifteen percent (15%) of the dwelling units within a complex may be efficiency-type units and not more than ten percent (10%) of the dwelling units within a complex may have 3 bedrooms. The remaining minimum of seventy-five percent (75%) shall be a mix of one- and two-bedroom dwelling units.
5.
Maximum Lot Coverage - Forty percent (40%) total, including main and accessory buildings; sixty percent (60%) for the main building and any accessory buildings, driveways and parking areas combined
6.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
E.
Parking Regulations
1.
1 enclosed, attached space for each efficiency unit
2.
2 enclosed, attached spaces for each one-bedroom unit
3.
2 enclosed, attached spaces and one covered space for each two- and three-bedroom unit
4.
An additional one-half (1/2) parking space shall be provided for each bedroom, including efficiency, within the development. The additional parking spaces are not required to be enclosed or covered.
5.
The average number of parking spaces for the total development shall be no less than two (2) spaces per dwelling unit. The minimum required enclosed parking spaces for dwelling units shall be enclosed and attached to the dwelling unit it serves. The remaining required parking spaces for each dwelling unit shall be covered. Both enclosed and covered parking spaces shall be constructed of a masonry product consistent and complementary to the main structure and roof pitch to match the main buildings.
6.
No covered parking space may be located closer than six feet (6') from any building or closer than two feet (2') from any side or rear lot line.
7.
All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of live plant materials, berms, low masonry walls that match the exterior finish of main buildings, or any combination of the above.
F.
Minimum Exterior Construction Standards - All exterior wall elevations of each primary structure shall be constructed of one hundred percent (100%) masonry construction to include brick, stone, granite or marble; excluding doors and windows.
G.
Refuse Facilities
1.
Every multifamily dwelling unit shall be located within two hundred feet (200') of a refuse facility measured along the designated pedestrian and vehicular travelway. A refuse facility shall be at least six (6) cubic yards of refuse container [sic] shall be provided for every thirty (30) dwelling units (or portion thereof). A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling, and all refuse containers shall be maintained in accordance with local public health and sanitary regulations. Refuse dumpsters shall be no closer than thirty feet (30') to any adjacent single-family residential property and shall be located so as to provide safe and convenient pickup by refuse collection agencies.
2.
Each refuse facility shall be screened from view, from persons standing at ground level on the site or immediately adjoining property, on three (3) sides by a solid screening wall of brick or stone masonry not less than six feet (6'), nor more than eight feet (8') in height or enclosed within a building, and on the fourth side by gates. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall have a gate and be located so as to provide safe and convenient pickup by refuse collection agencies. To the extent practicable, the location of the refuse facility shall be identified on the Site or Concept Plan.
H.
Special Requirements
1.
Driveway Spacing - See Section XIV.1.1 [15.04.031]
2.
Site Plan Review - See Section XIV.1.5 [15.04.035]
3.
Single-family dwelling units constructed in this District shall conform to SF-E, SF-l, SF-2, SF-3 or SF-PH District standards respectively.
4.
Recreational vehicles, travel trailers, camper trailers, campers, trailers, boats, boat trailers, motor homes, other recreational vehicles or equipment, or storage units, may not be parked or stored in this district nor used for on-site dwelling purposes.
5.
Open storage is prohibited.
6.
A Site Plan with facade elevations is required for all multifamily developments in this District in accordance with the requirements for Planned Development Districts and shall be an exhibit to the authorizing ordinance. See Section XIV.1.6 [15.04.036].
7.
Fire lanes, fire hydrants and dwelling unit distances from fire lanes and fire hydrants shall be in compliance with the International Fire Code (IFC) as adopted and as amended.
8.
A four-foot (4') wide paved walkway shall connect the front door of each ground floor unit to the adjacent parking area. The minimum width of any sidewalk parallel and adjacent to head-in parking spaces shall be six feet (6') to accommodate a two-foot (2') bumper overhand [overhang] for vehicles.
9.
Buildings shall not exceed two hundred feet (200') in length.
10.
All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas. See Section XIV.1.3 [15.04.033], Lighting.
11.
All multifamily dwelling units shall have roof slopes with a minimum of 4:12 pitch.
12.
Buildings with facades that are longer than fifty feet (50') shall have their facades broken up into smaller areas through the use of varying facade setbacks, arcades, architectural features such as recessed vestibules, columns, canopies, or other acceptable means.
13.
Boats, campers, trailers, and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved Site Plan. This parking area shall not be used to meet the minimum parking requirements and shall not be in view from a public street.
14.
All buildings containing residential units shall provide a sign, visible from the entrances, identifying the unit numbers (i.e., addresses) within the building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.
15.
All mechanical, heating, and air-conditioning units shall be screened or hidden from view (See Section XIV.5.3 [XVII.5.3 [Article 15.02]], Screening).
16.
Multifamily complexes shall have screening surrounding the property and have a security gate at each point of ingress/egress. All screening walls or other devices shall be placed on the property line. (See Section XIV.5.3 [XVII.5.3 [Article 15.02]], Screening.)
17.
All living units will be equipped with washer and dryer connections.
18.
Landscape Area Requirements - A minimum of ninety percent (90%) of the street yard and twenty percent (20%) of the total lot area shall be devoted to a combination of landscaping (i.e., pervious surface area) and usable open space (see above). See Section XVII.1.7 [Article 15.02] for landscaping requirements.
20.
Building Facade Plans (Elevations) - For any on-site facilities within the MF District, see Section XIV.1.6 [15.04.036].
21.
Site Plan approval (see Section VIII.13.3) shall be required for any multifamily or nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF district. Any nonresidential land use which may be permitted in this district shall conform to the “NS” - Neighborhood Service district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
22.
Additional Special Requirements in Section XII.1.7 [15.04.007]
J.
Other Regulations - As established by Articles XII [15.04, division 1], XV, XVI and XVII and Subdivision Regulations.
IX.3.4
MH - Manufactured Home District.
A.
General Purpose and Description.
The Manufactured Home, “MH”, district is a detached residential district establishing standards for the development of manufactured, HUD-code mobile home subdivisions. MH is available only as a Provisional District and shall, in no instance, account for more than fifteen percent (15%) of the total residential units within the approved development. Lots meeting the MH district criteria shall be grouped together and may be used as a buffer between residential and nonresidential districts. Manufactured/mobile home subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured/mobile home units. The Manufactured Home district establishes area and design requirements for subdivisions. Subdivisions shall provide open space and recreational areas appropriate for the acreage and number of units contained. Areas zoned for the MH district shall have, or shall make provision for, City of Glenn Heights’ water and sewer services. They shall be designed to adequately accommodate storm drainage; they shall have paved concrete streets with logical and efficient vehicular circulation patterns that discourage non-local traffic; they shall be properly buffered from nonresidential uses; and they shall be protected from pollution and undesirable environmental and noise impacts.
B.
Permitted Uses.
Those uses listed for the “MH” district in Section XI.1 (Use Charts) as “X” (permitted) or “S” (Specific Use Permit) are authorized uses permitted by right or specially permitted uses, respectively. Special permitted uses must be approved utilizing procedures set forth in Section XI.4.4 [IX.4.4] (Specific Use Permit).
The installation of mobile homes for use or occupancy as residential dwellings in the City of Glenn Heights, Texas is prohibited. This provision is prospective and shall not apply to any mobile home used and occupied as a residential dwelling in the City of Glenn Heights on the effective date of this Ordinance. An existing mobile home located in the City of Glenn Heights, as of the date of this Ordinance, will be allowed to remain on its existing site until it is removed from the City, or until the condition of the mobile home violates the Codes of the City. When the condition of the mobile home violates City Codes, the Building Official shall require the owner to repair, demolish or move the mobile home out of the City. To the extent required by state and federal law a mobile home may be replaced a by a HUD-Code Manufactured home with the limitation of one replacement and a HUD-Code Manufactured Home may be replaced by another HUD-Code Manufactured Home provided it is a newer manufactured home and is at least as large in living space as the prior manufactured home. Any and all structural repair or remodeling of a mobile home shall require a building permit and all work shall be done by a state-certified, licensed contractor or home-occupied owner. An existing, but temporarily vacant, mobile home located in the City of Glenn Heights as of the date of this Ordinance, will be considered “occupied” for purposes of this provision if it has been an actual residential use within thirty (30) days prior to enactment of the Ordinance, is vacant for purposes of refurbishment for future residential use at the time of enactment of the Ordinance or subsequently becomes vacant for purposes of refurbishment for future residential use after enactment of this Ordinance, and such vacancy is terminated by actual residential use of a mobile home within sixty (60) days of enactment of this Ordinance.
C.
Area Regulations
1.
Size of Lot
a.
Minimum Project Size - Determined by Planned Development and maximum percentage for Provisional District.
b.
Minimum Lot Area - Seven thousand five hundred (7,500) square feet; also, the minimum average lot area shall be nine thousand (9,000) square feet in order to provide diversity in lot sizes within each MH neighborhood; maximum density three and one-half (3.5) dwelling units per acre
c.
Minimum Lot Width - Seventy feet (70')
d.
Minimum Lot Depth - One hundred feet (100')
2.
Size of Yards
a.
Minimum Front Yard - Twenty-five feet (25') from a public dedicated street or driveway.
b.
Minimum Side Yard - Ten percent (10%) or seven feet (7') for interior side yard; fifteen feet (15') for a corner lot on a residential or collector street; twenty-five feet (25') for a corner lot on an arterial street.
c.
Minimum Rear Yard - Twenty feet (20')
3.
Maximum Lot Coverage - Thirty-five percent (35%) for the main building; sixty percent (60%) for the main building and any accessory buildings, driveways and parking areas combined.
a.
The entry (i.e., door) side of any garage shall have a thirty-five-foot (35') setback as measured from any property or street right-of-way line
4.
Minimum Floor Area per Dwelling Unit - One thousand five hundred and fifty (1,550) square feet; also, the minimum average floor area shall be one thousand seven hundred (1,700) square feet in order to provide diversity in dwelling sizes with each MF neighborhood.
5.
Maximum Lot Coverage - Thirty-five percent (35%) for the main building/unit; sixty percent (60%) for the main building and any accessory buildings, driveways and parking areas combined
6.
Minimum Lot Access - No lot shall have less than thirty-five feet (35') access measured at the right-of-way line
D.
Parking Regulations: A minimum of two (2) enclosed spaces attached to the dwelling unit by a covered breezeway and located on the same lot as the dwelling unit, plus two (2) additional parking space on a paved driveway having a minimum length of thirty feet (30') as measured from ten feet (10') interior of any paved or improved public surface (i.e., roadway, sidewalk). (See Article XVI, Off-Street Parking and Loading)
E.
Maximum Height Limit
1.
Two and one-half (2.5) stories, or thirty-five feet (35') for the main building/house; where a structure exceeds twenty-five feet (25') in height, it shall be set back from the front property line one (1) additional foot beyond the required front yard setback for each foot above twenty-five feet (25') in height.
2.
Fifteen feet (15') for other accessory buildings, including detached garage, garden shed, carports, gazebo, clubhouse, mail kiosks, laundry rooms, etc.
F.
Minimum Exterior Construction Standards - Skirting of a HUD-Code manufactured home or mobile home shall be of a product with the visual affect of brick or stone.
G.
Site Plan Requirement - All new Manufactured Home Subdivisions are allowed only as part of a Planned Development and, therefore, require a Site Plan submission for the City’s consideration. Site Plans shall conform to the requirements set forth in Section VIII.4.
H.
Mailboxes - See Section XII.1.2 [15.04.002]
I.
Accessory Buildings - See Section XII.1.3 [15.04.003]
J.
Driveway - See Section XII.1.4 [15.04.004]
K.
Sidewalks - See Section XII.1.5 [15.04.005]
L.
Anchorage of Manufactured/Mobile Homes - To insure against natural hazards such as tornados, high winds and electrical storms, full anchorage for each manufactured/mobile home shall be provided according to the following:
1.
All manufactured/mobile homes shall be provided an adequate foundation for the placement of tie-downs, thereby securing the superstructure against uplift, sliding, rotation and overturning;
2.
Such pad shall be constructed of concrete which shall adequately support the weight of the HUD-Code manufactured home which may be placed thereon and be durable and well drained under normal use and weather conditions;
3.
The height of the HUD-Code manufactured home frame above ground elevation, measured at 90 degrees to the frame, shall not exceed four feet (4') from the top of the pad;
4.
Provide anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets embedded in concrete foundations or runway screw augers, arrowhead anchors, or other devices which secure the stability of the HUD-Code manufactured Home, and shall be placed at least at each corner of the HUD-Code manufactured home; and
5.
Cover an area of at least two hundred forty (240) square feet or at least one-third (1/3) the area of the largest HUD-Code manufactured home which may be placed on the space, whichever is greater. No surface provided for a purpose other than the foundation of HUD-Code manufactured/mobile home shall be considered a part of such pad.
M.
Skirting
1.
All manufactured/mobile home units located in the City Limits shall provide skirting from the top of the unit’s frame to grade prior to resident move-in. Also, see Subsection IX.3.4.F above.
2.
All manufactured/mobile homes located in the City Limits as of the effective date of this Ordinance shall be required to have skirting no later than ninety (90) days from the enactment of this Ordinance. However, before being subject to a penalty for violation of this subsection, the City Manager or his/her designee shall serve the owner or occupant of any manufactured/mobile home without skirting with written notice, delivered by Certified Mail, of violation hereof requiring compliance within such time as designated therein;
3.
Access to the underneath of the manufactured/mobile home shall be available for repair purposes only and not for storage and/or trash accumulation; and
4.
A permit shall be applied and paid for prior to the installation of skirting.
N.
Special Requirements
1.
Single-family, patio home, or townhouse residential units constructed in this district shall conform to SF-E, SF-1, SF-2, SF-3, or SF-PH district standards, respectively.
2.
Site Plan approval shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district. Any nonresidential land use which may be permitted in this district shall conform to the “NS” - Neighborhood Service district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc. See Section VIII.13.3 and IX.2.7.
3.
Building Facade Plans (Elevations) - For any on-site facilities within the MH District, see Section XIV.1.6 [15.04.036].
4.
Specific On-Site Storage Prohibited - See Section XIV.1.7 [15.04.037]
5.
The storage, handling and use of liquefied petroleum gases and flammable liquids shall be done in compliance with all applicable City ordinances and State laws.
6.
All applicable City of Glenn Heights codes and ordinances, including all Building, Plumbing, Electrical and Fire Codes as adopted and all applicable laws of the State of Texas are in force in this district.
7.
Additional Special Requirements in Section XII.1.7 [15.04.007]
P.
Other Regulations - As established by Articles XII [15.04, division 1], XV, XVI and XVII and Subdivision Regulations.
(Ordinance O-03-09 adopted 4/20/09; Ordinance O-10-20 adopted 8/18/20)
§ 4 OVERLAY AND SPECIAL DISTRICTS.
IX.4.1
Purpose.
Overlay districts shall be used in conjunction with base zoning districts where it is appropriate to do so. In the use of the following overlay zoning classifications, the base district shall remain in effect as it is already in existence unless changed by zoning amendment and in accordance with the provisions of Article IV (Zoning Amendments, Appeals and Variances). New base districts or changes in existing base districts may be requested at the same time overlay or special prefix districts are requested.
IX.4.2
PD - Planned Development District
A.
General Description and Purpose
1.
The Planned Development District, “PD”, is a district which accommodates planned associations of uses or mixed uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to insure against misuse of increased flexibility.
a.
A Planned Development district is a tool to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community. This tool shall be required to meet one or more of the following purposes:
i.
To provide for a superior design on lots or buildings;
ii.
To provide for increased recreation and open space opportunities for public use and enjoyment;
iii.
To provide amenities or features that would be of special benefit to the property users or to the overall community;
iv.
To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife habitats;
v.
To protect or preserve existing historical buildings, structures, features or places;
vi.
To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and vii. To meet or exceed the standards of this Ordinance.
2.
Planned Development applications that do not meet or exceed the minimum requirements of this Ordinance shall be recommended by staff to be denied. Staff will provide to the Planning and Zoning Commission and City Council a written report of deficiencies.
B.
Permitted Uses
1.
An application for a PD district shall specify the base zoning district(s) upon which the PD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). PD designations shall not be attached to SUP requirements. Specific Use Permits allowed in a base zoning district(s) are allowed in a PD only if specifically identified as allowable by SUP at the time of PD approval, and if specifically cited as an “additional use” (i.e., to those allowed by right in the PD) in the ordinance establishing the PD. Any use that is not specifically cited as permitted (by right or by SUP) in the applicable base zoning district(s) or the PD Ordinance shall be prohibited unless the PD Ordinance is amended using the procedures set forth in this Section and in Article IV (Zoning Amendments, Appeals and Variances) of this Ordinance.
2.
In the case of residential PD districts, the proposed lot sizes shall generally be no smaller than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family) except for minor changes in a small percentage of the lots in order to provide improved design, or to provide flexibility in the layout of the subdivision or diversity in lot size choices. A residential PD shall strive to provide choice and variety in lot sizes throughout the neighborhood by specifying an average lot size that is larger than the minimum lot size, and that will truly accomplish the purpose of providing a variety of lot sizes.
C.
Planned Development Requirements
1.
In the PD District, uses shall conform to the standards and regulations of the Zoning District to which it is most similar and the particular zoning district must be stated in the granting Ordinance as the base zoning district or districts. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete).
2.
The City Council of the City of Glenn Heights, Texas, after Public Hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may authorize the creation of a Planned Development (PD) overlay district.
3.
The Ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein. A specific list is required of deviations in each district or districts and general statement citing the reason for the PD request.
4.
Development requirements for each separate PD District shall be set forth in the amending Ordinance granting the PD District and may include, but not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, buffer zones between uses, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. The Planned Development District shall conform to all other sections of this Ordinance, the Subdivision Regulations and the City’s Code of Ordinances, unless specifically excluded in the granting Ordinance.
5.
The Planned Development request shall require a minimum of two (2) distinct uses, residential and/or nonresidential. A PD District shall not be utilized to vary the standard requirements of a single straight zoning district to accommodate the financial or development desires of the applicant.
6.
The minimum acreage for a planned development request shall be as follows:
a.
Single-family residential development (e.g., A, SF-E, SF-1, SF-2, SF-3) - Thirty (30) contiguous acres
c.
Nonresidential development (including office, neighborhood service, retail, commercial or industrial) development - Ten (10) contiguous acres
d.
Mixed-use development - The minimum acreage for each portion of a mixed-use PD district shall be as set forth above for each type of land use within the mixed-use district (unless this requirement is recommended by the Planning and Zoning Commission, and waived by City Council upon approval of the PD district, due to unusual size constraints that are unique to the subject land parcel itself).
e.
Any type of development within the Town Center (TC) area - No minimum acreage requirement, provided that the request is deemed to be in substantial conformance with the TC district regulations with some minor flexibility that would allow and encourage favorable development or redevelopment of a property, and provided that the request cannot be construed as “spot zoning.”
f.
Upon written request of the applicant, the City Manager may grant a waiver of the above-enumerated minimum acreage requirements for a planned development, but in no event shall any waiver (i) allow a planned development of less than twenty (20) acres minimum acreage for a planned development or component thereof with single-family residential base zoning or (ii) allow a planned development of less than two (2) acres minimum acreage for a planned development or component thereof with a nonresidential base zoning. Any waiver granted hereunder by the City Manager shall be based upon the City Manager's determination of the following factors:
i.
Whether the proposed use/base zoning for the planned development implements the policies adopted in the City's Comprehensive Plan, including the Future Land Use Plan;
ii.
Population density impacts of the proposed planned development, including, but not limited to traffic impacts;
iii.
Whether the proposed use/base zoning for the planned development will be appropriate in the immediate area and for its relationship to the general area and the City as a whole;
iv.
Whether the proposed use/base zoning for the planned development will be in accord with existing or proposed plans for providing schools, streets, water supply, sanitary sewer, and/or other utilities in the area;
v.
The amount of vacant land currently classified for developments similar to what is being proposed in the vicinity and elsewhere in the City; and
vi.
The anticipated impact on areas that are already designated for similar development.
7.
A PD request, which shall be based upon more than one (1) base zoning district, shall also include a legal (i.e., metes and bounds) description and graphic exhibit describing/showing the proposed boundaries of each respective area and its base zoning district (e.g., shown as “Proposed PD-SF-2”, “Proposed PD-NS”, etc.).
8.
While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
9.
As part of the zoning application for a Planned Development, the City Manager or his/her designee may require submission of a written report that discusses the impact the proposed PD will have on City water and wastewater utility systems, the local and regional storm drainage system, private utility service systems (i.e., cable TV, telephone, electric, gas, etc.), solid waste collection, City and other entities’ tax base, public safety (i.e., police, fire, emergency medical services, etc.), public schools (i.e., number of school-age children anticipated) and traffic on surrounding and other nearby roadways. Letters from the City’s utility and engineering personnel, the School District, and private utility providers may be required prior to approval of the PD in order to ensure that the proposed development will not unreasonably overload these essential systems and services.
D.
Establishment - In establishing a Planned Development District in accordance with this Section, the City Council shall approve and file as part of the amending Ordinance appropriate plans and standards for each Planned Development District. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a Concept Plan for the proposed nonresidential or Provisional District project, or a Land Study for a proposed Single-Family residential project, shall be required along with the PD zoning application. A Preliminary Plat may be submitted in lieu of the Concept Plan for a Single-Family PD (see the Subdivision Regulations for submission and other requirements) if the applicant prefers to do so, and if the applicant wishes to expend the resources and funds necessary to prepare a complete Preliminary Plat submission.
1.
Concept Plan - The Concept Plan shall be submitted by the applicant at the time of the PD request. The Plan shall show the applicant’s intent for the use of the land within the proposed Planned Development District in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The City may prepare application form(s) which further describe and explain the following requirements.
a.
Residential Concept Plan - A Concept Plan for residential land use shall show general use, thoroughfares and preliminary lotting arrangements. (See Section VIII.12 of this Ordinance for Concept Plan requirements and procedures.)
i.
A Concept Plan shall be submitted with any residential PD zoning request for a development comprised of single-family dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling and other pertinent development data.
ii.
For residential development which does not propose platted lots, the Concept Plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, project scheduling, and other pertinent development data.
b.
Nonresidential Concept Plan - A Concept Plan shall be submitted with any nonresidential, single-family, or Provisional District PD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the Planning and Zoning Commission or City Council, may include but is not limited to the types of use(s), access, topography and boundary of PD area, physical features of the site, existing and proposed streets, alleys and easements, location of existing and proposed public facilities, building heights and locations, parking areas and ratios, fire lanes, screening and landscaped areas, project phasing and scheduling, buffer zones between residential and nonresidential uses, and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the Preliminary Plat. (See Section VIII.12 of this Ordinance for Concept Plan requirements and procedures.)
i.
For a single-family PD (or portion of a PD) - A Preliminary Plat (see the Subdivision Regulations) shall be submitted for approval within one (1) year from the approval date of the PD covered by the overall PD Concept Plan. If a Preliminary Plat is not submitted within one (1) year, then the PD Concept Plan shall be subject to review by the Planning and Zoning Commission and the City Council to determine its continued validity. If the City determines that the PD Concept Plan is no longer valid or that the proposed development is no longer viable, then a new PD Concept Plan (along with a zoning application to amend the PD Ordinance and its accompanying Concept Plan) must be submitted for review and approval prior to Preliminary Plat review/approval (and any subsequent issuance of a building permit) for any single-family portion of the PD district.
ii.
For a nonresidential, single-family attached, or Provisional District PD (or portion of a PD) - A detailed Site Plan and Preliminary Plat shall be submitted for approval (in accordance with Subsection IX.4.2(D)(1)(c) below, and with Section VIII.4 of this Ordinance, and with the Subdivision Regulations) within one (1) year from the approval date of the Concept Plan for all or some portion of the PD covered by the overall PD Concept Plan. If a detailed Site Plan and Preliminary Plat are not submitted within one (1) year, then the PD Concept Plan may be subject to review by the Planning and Zoning Commission and the City Council to determine its continued validity. If the City determines that the PD Concept Plan is no longer valid or that the proposed development is no longer viable, then a new PD Concept Plan (along with a zoning application to amend the PD Ordinance and its accompanying Concept Plan) must be submitted for review and approval prior to detailed Site Plan and Preliminary Plat review/approval (and any subsequent issuance of a building permit) for any nonresidential, single-family attached, or Provisional District PD or portion of the PD district.
c.
PD Site Plan (detailed) - Submission and approval of the detailed PD Site Plan shall be in accordance with Section VIII.4 of this Ordinance, and shall accompany an application for a nonresidential, multifamily, single-family attached, or Provisional District Planned Development zoning if the applicant prefers to submit the detailed Site Plan in lieu of the required PD Concept Plan. The detailed PD Site Plan will establish the final plans for development of the Planned Development district (or any portion thereof), and it shall substantially conform to the site layout and development data approved on the PD Concept Plan (adopted along with the PD Ordinance). If a PD Concept Plan was previously approved for the overall PD district, then a detailed PD Site Plan (along with the required engineering/architectural site construction plans and Preliminary Plat) may be submitted for only the sections or lots that are proposed for immediate development rather than for the entire PD. If no Concept Plan was approved with the Ordinance establishing the PD, then a Concept Plan for the entire PD must be submitted and approved prior to approval of a detailed Site Plan (along with the required engineering/architectural site construction plans and Preliminary Plat) for only the portion(s) of the PD that are proposed for immediate development. (See Section VIII.4 of this Ordinance for Site Plan requirements and procedures.).
For any single-family residential district (A, SF-E, SF-1, SF-2, SF-3, SF-4, SF-PH, MH) a Final Plat shall qualify as the Site Plan.
d.
Lapse, Extension and Reinstatement of PD Concept Plan or PD Site Plan shall be in accordance with the provisions of Section VIII.10 of this Ordinance (Lapse of Concept Plan or Site Plan Approval).
E.
Approval Process and Procedures - The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Article IV of this Ordinance. This procedure is further expanded as follows for approval of Concept or Site Plan.
1.
The Planning and Zoning Commission shall consider and make a recommendation to City Council on the Concept Plan or Site Plan after holding a Public Hearing. In order for the Planning and Zoning Commission to make a recommendation:
a.
The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a Concept Plan or detailed Site Plan;
b.
Information on the Concept Plan and attached application is sufficient to determine the appropriate use of the land and the Preliminary Plat will not deviate substantially from it.
c.
If the above two conditions are not met, then the applicant shall submit any and all additional required information and another public hearing must be held by the Planning and Zoning Commission prior to a recommendation of the Concept Plan and/or detailed Site Plan.
2.
After sufficient Public Notice of a separate Public Hearing on the application and upon the City Council receiving the recommendation from the Commission, the City Council shall consider the PD application, all development requests and the Concept Plan and/or detailed Site Plan.
3.
The Ordinance establishing the Planned Development District shall not be approved or adopted until the Concept and/or Site Plan is approved by City Council and until all other procedural requirements set forth in Article VIII are satisfied. The Concept Plan and/or Site Plan, Architectural Plan (Elevations), legal description, proof of ownership and other required documents shall be attached to the PD Ordinance as an Exhibit.
a.
The Concept Plan or Site Plan may be approved in sections. When the Plan is approved in sections, then separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required.
b.
A Concept Plan or Site Plan shall be submitted for approval within six (6) months from the approval of the Concept Plan for some portion of the Concept Plan. If a partial Development Plan is not submitted within six (6) months, the Concept Plan is subject to review by the Planning and Zoning Commission and City Council. If the entire project is not started within two (2) years, the Planning and Zoning Commission and City Council may review the original Concept Plan to ensure its continued validity. If the City determines the concept is not valid, a new Plan must be approved prior to issuing a building permit for any portion of the PD District.
c.
Although a Public Hearing may not be required for the Development Plan, approval by the Planning and Zoning Commission and City Council is still required.
F.
When a zoning request for a PD District is being considered, a written report from the City Manager or his/her designated representative, discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, and written comments from the applicable public school district, and from private utilities may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the City Council. In the event written comments are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a recommendation to the City Council without said comments or advisement.
G.
If three (3) or more buildings are situated on one lot, regardless of the zoning classification, a Conceptual Plan and/or a Development Plan (Detail Site Plan) shall be submitted for consideration and possible approval by the Planning and Zoning Commission and City Council. No public hearing is required unless such Plan is/are attached to the original zoning amendment or PD Ordinance.
H.
All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts shall be maintained in the City Secretary’s office. All approved Planned Development Districts shall comply with this Article.
I.
Prior to adoption of this Ordinance, the City Council had established various Planned Development Districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this Code shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Planned Development Districts shown on the Zoning Map at the date of adoption.
IX.4.3
PD-ED - Planned Development - Economic Development District
A.
Purpose and Intent
1.
The Planned Development - Economic Development, “PD-ED”, District is a tool that can provide greater flexibility for a variety of large retail and light commercial uses by allowing for unique and innovative concepts in land use not permitted by other zoning districts in this Ordinance. These projects will promote economic development while encouraging reliable sales tax revenue streams and enhancing the quality of life for the citizens of the City of Glenn Heights. While greater flexibility is given to permit special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to insure against misuse of increased flexibility. The approval and creation of a PD-ED District, a successful economic development incentive application and combined with herein specified conditions, the City may choose to participate with the owner/developer in an economic development incentive package.
2.
The PD-ED District may only be applied to property of high visibility and has ease of ingress and egress. Two Planned Development (PD) classifications are created by this enabling ordinance. Properties adjacent to, within twelve hundred feet (1200') of or is a tract that its point of beginning is within the 1200' of the Interstate 35 and future Loop 9 corridors may be available for Planned Development - Economic Development Tier One (PD-ED Tier 1) classification. Properties adjacent to, within three hundred feet (300') of or is a tract that its point of beginning is within the 300' of other Major Arterials (e.g., 4-lane divided or larger) may be available for Planned Development - Economic Development Tier Two (PD-ED Tier 2) classification. Unless otherwise referenced independently, the overall classification shall be referred to as “PD-ED”. Each classification, PD-ED Tier 1 and PD-ED Tier 2, are depicted on Illustration “B”.
3.
All regulations of the underlying base district that are not in conflict with the regulations of the PD-ED District shall apply. In the event of conflict between the regulations of the PD-ED District and the underlying base district, regulations of the PD-ED District shall control.
B.
Economic Development Incentives
1.
Owners or developers of the property have the right to apply for economic development incentives offered by the City provided the applicant meets all applicable guidelines as set forth in the City’s Economic Development Incentive Program as adopted by Resolution No. 298-97, and as it may be amended. PD-ED District approval is subject to specific requirements satisfying the City’s economic development goals as set forth in the City’s Economic Development Incentive Program.
2.
New private capital investment, exclusive of land values and related to targeted retail, commercial and industrial uses will be considered for economic development incentives [and] will be considered in accordance with the City’s Economic Development Incentive Program, as it exists and as it may be amended. Targeted uses include large retail facilities, office complexes, shopping and personal service centers, hotels, restaurants, movie theaters, museums or any combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. Further targeted uses include corporate campus, business parks, resort uses, business uses related to the telecommunications industry, clean manufacturing uses related to the telecommunications industry and/or electronic components and logistical warehousing and distribution uses related to the telecommunications industry, electronic components or other high-value products.
3.
Such incentives will be considered and negotiated on a project-by-project basis commensurate with the quality and character of the development and the extent to which it contributes to accomplishing community character and quality of life objectives. Incentives will be considered for approval by the City Council only after community input and public hearing and may include, but are not limited to: expedited development review, permit fee waivers, infrastructure assistance, public-private partnerships and performance-based ad valorem tax abatements. Give-back provisions shall be included in the event of non-performance. The purpose of this criterion is to promote a vigorous, diversified and regionally competitive economy, while creating a balanced tax base to ensure the City’s long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.
4.
At the request of the applicant for a targeted retail, commercial and/or industrial use exceeding the amount specified in the City’s Economic Development Incentive Program for new private capital investment, exclusive of land values, the City Council may consider approval of certain project-specific waivers and/or incentives only after community input and public hearing. Such waivers or incentives may include, but are not limited to: expedited development review, permit fee waivers, infrastructure assistance, public-private partnerships and performance-based tax abatements. Give-back provisions shall be included in the event of non-performance. Consideration of such waivers and/or incentives shall precede consideration of the PD-ED.
C.
“Go Green” Incentives. The City of Glenn Heights desires to take a proactive approach in improving the environment. The City recognizes how we grow today will influence not only how we live, but how future generations live. If we unanimously “Go Green” by developing a healthier and more environmentally responsible community a difference can be realized not only in our community but in the nation and the world.
The City of Glenn Heights is taking a progressive approach in the “Go Green” movement by making available “Go Green” development incentives for those projects that seek to mitigate the effects of urbanization, ensure growth does not occur at the expense of environmental quality, preserves natural landscapes and sensitive ecological resources and as much open space as possible.
1.
Following are the principles by which the “Go Green” development incentives will be judged and awarded. In order to qualify for incentives no less than fifty percent (50%) of the following points shall be included in a submitted project:
* | Mix land uses to produce a “live, work, play” community; |
* | Take advantage of compact building design; |
* | Provide a variety of transportation choices and encourage walkable projects; |
* | Design landscape utilizing SmartScape and/or Xeriscape criteria; |
* | Preserve open space, natural landscape and ecological resources while reducing impervious surfaces; |
* | Water conservation (i.e., E.T. irrigation sensors); |
* | Promote and utilize recycling; |
* | Utilize environmentally friendly lighting sources, appliances, mechanical equipment, etc.; and |
* | Exceed the minimum energy standards as adopted in the current International Energy Code (IEC). |
2.
Such incentives will be considered and negotiated on a project-by-project basis commensurate with the quality and character of the development and the extent to which it contributes to accomplishing community goals for improving the environment and quality of life. Incentives will be considered for approval by the City Council only after community input and public hearing and may include, but are not limited to: expedited development review, permit fee waivers, infrastructure assistance, public-private partnerships and performance-based ad valorem tax abatements. Give-back provisions shall be included in the event of non-performance. The purpose of this criterion is to promote a vigorous, diversified and regionally competitive economy, while creating a balanced tax base to ensure the City’s long-term financial ability to respond to the service demands of both new and existing development without placing a disproportionate tax burden on homeowners.
3.
At the request of the applicant who offers a “Go Green” project and a targeted retail, commercial and/or industrial use exceeding the amount specified in the City’s Economic Development Incentive Program for new private capital investment, exclusive of land values, the City Council may consider approval of certain project specific waivers and/or incentives only after community input and public hearing. Such waivers or incentives may include, but are not limited to: expedited development review, permit fee waivers, infrastructure assistance, public-private partnerships and performance-based tax abatements. Give-back provisions shall be included in the event of non-performance. Consideration of such waivers and/or incentives shall precede consideration of the PD-ED.
4.
An incentive package available to qualifying developments shall not extend longer than 10 years, unless otherwise permitted under the City’s Economic Development Incentive Program and agreed upon by City Council, and will be awarded incrementally depending on the characteristics and quantity of the proposed project.
D.
Permitted Uses
1.
PD-ED Tier 1
a.
Any permitted use in the base zoning district for the subject property shall be allowed in a PD-ED Tier 1 District.
b.
Variations from the base zoning uses shall be identified by the applicant in the zoning request. After consideration by the Planning and Zoning Commission and upon approval by the City Council the permitted uses and conditions necessary for the change shall specifically be identified in the establishing ordinance granting a PD-ED Tier 1 District. The size, location, facade, appearance and method of operation may be specified to the extent necessary to insure compliance with the purpose of this Ordinance and the Comprehensive Plan. The PD-ED Tier One District shall conform to all other regulations of the applicable base zoning districts(s) which are not specifically changed or excluded in the granting ordinance.
c.
Targeted retail uses for the PD-ED Tier 1 District include land use that qualifies for sales tax and/or hotel/motel tax generation. These uses include but are not limited to:
i.
Convenience Store
ii.
Department Store
iii.
Electronic and Home Appliance Store
iv.
Garden Center (5% outside/sidewalk display)
v.
Grocery Store (minimum 20,000 sq. ft.)
vi.
Health-related Store
vii.
Home Improvement Centers (seasonal outside display only with SUP)
viii.
Medical Supplies Store
ix.
Retail Service, Incidental
x.
Restaurant (drive-thru with SUP)
xi.
Sporting Goods Store
f.
In unique circumstances residential uses may be incorporated into the PD-ED Tier 1 District as a mixed use development; however, the residential uses may only constitute a minor portion (less than 10%) of the use and value generated from the development and may not occupy any ground-level space. The residential development, in whole or in part, will not qualify for economic development incentives, unless the City Council, through an Economic Development Agreement, takes such appraised taxable value into account in determining the appropriate incentive.
2.
PD-ED Tier 2 Uses
a.
Any permitted use in the base zoning district for the subject property shall be allowed in a PD-ED Tier 2 District.
b.
Variations from the base zoning uses shall be identified in the zoning request by the applicant. After consideration by the Planning and Zoning Commission and upon approval by the City Council the permitted uses and conditions necessary for the change shall specifically be identified in the establishing ordinance granting a PD-ED Tier 2 District. The size, location, facade, appearance and method of operation may be specified to the extent necessary to insure compliance with the purpose of this Ordinance and the Comprehensive Plan. The PD-ED Tier Two District shall conform to all other regulations of the applicable base zoning districts(s) which are not specifically changed or excluded in the granting ordinance.
c.
Targeted retail uses for the PD-ED Tier 2 District include land use that qualifies for sales tax and/or hotel/motel tax generation. These uses include but are not limited to:
i.
Bakery
ii.
Convenience Store
iii.
Department Store
iv.
Electronic and Home Appliance Store
v.
Garden Center (maximum 15% outside display)
vi.
Grocery Store (minimum 12,000 sq. ft.)
vii.
Health-related Store
viii.
Home Improvement Centers (maximum 10% outside display)
ix.
Medical Supplies Store
x.
Retail Service, Incidental
xi.
Restaurant (drive-thru with SUP)
xii.
Sporting Goods Store
d.
Targeted professional uses for the PD-ED Tier 2 District include but are not limited to:
i.
Bank and Savings & Loan
ii.
Funeral Parlor or Mortuary
iii.
Golf Course and Country Club
iv.
Greenhouses and Nurseries
v.
Hospital, Clinic and Medical facilities
vi.
Museum or Art Gallery
vii.
Neighborhood Service uses (maximum 5,000 sq. ft.)
viii.
Professional Office Complex
ix.
Radio Broadcasting without Tower
e.
Targeted leisure/entertainment uses for the PD-ED Tier 2 District include but are not limited to:
i.
Arts and Cultural Establishments
ii.
Commercial Amusement, inside (outdoor with SUP)
iii.
Hotel (minimum 75 units, no outside unit entry)
iv.
Indoor Movie Theater
v.
Miniature Golf, Driving Range and Putting Course
vi.
Drive-in Movie Theater (with SUP)
vii.
Personal Fitness Facilities
viii.
Private Club with Alcoholic Beverage Sales
ix.
Resort
x.
Roller Skating Rink
f.
Targeted industrial uses for the PD-ED Tier 2 District include but are not limited to:
i.
Assembly of Electronic Instruments and Devices
ii.
Automotive repair shop
iii.
Commercial School
iv.
Distribution Warehouse
v.
Drugs and Pharmaceutical Manufacturing
vi.
Dry Cleaning Plant or Commercial Laundry
vii.
Electronic Manufacturing
viii.
Glass Products from Previously Manufactured Glass
ix.
Instrument and Meter Manufacturing
x.
Medical Laboratory
xi.
Optical Goods Manufacturing
xii.
Research and Scientific Laboratories
g.
In unique circumstances residential uses may be incorporated into the PD-ED Tier 2 District as a mixed use development; however, the residential uses may only constitute a minor portion (less than 20%) of the use and value generated from the development and may not occupy any of the ground-level space. The residential development, in whole or in part, will not qualify for economic development incentives, unless the City Council, through an Economic Development Agreement, takes such appraised taxable value into account in determining the appropriate incentive.
E.
Conditional Uses. Requested uses which are to be conditioned on other criterion shall be clearly identified and defined by the applicant. Conditional uses shall be considered by the Planning and Zoning Commission and City Council utilizing procedures set forth in Article IV. If approval is given the conditions will be detailed in the amending ordinance.
F.
Permitted Accessory Uses. When varying from the uses within the underlying zoning district the applicant shall provide a list of requested accessory uses and the conditions necessary for change in standards from the underlying zoning district. These permitted accessory uses shall be considered by the Planning and Zoning Commission and City Council and, if approved, will be detailed in the amending ordinance.
G.
Limitation of Uses. Uses prohibited shall be those uses specifically prohibited within the underlying zoning district. The following uses are expressly prohibited within any PD-ED District and cannot be established as a permitted, conditioned or accessory use under any circumstances:
1.
Batch plants
2.
Commercial parking lots
3.
Freight forwarding warehouses
4.
Mini-Warehouses
5.
Office Warehouse
6.
Off-premise/billboard signage
7.
Outside storage of material/equipment
8.
Pawnshops
9.
Retail establishments for used car sales and service
10.
Retail sales of building materials displayed in an unenclosed or incompletely enclosed area with outside storage
11.
Salvage/wrecking yards
H.
Density Requirements. The City of Glenn Heights encourages the applicant to be creative with the design and layout of PD-ED Districts. Flexibility may be granted for requirements associated with density, lot size, open space, building coverage and impervious coverage; however, following are examples of appropriate guidelines. When varying from the guidelines the applicant shall provide adequate information for consideration.
2.
Area Regulations
a.
Size of Lot
i.
Minimum Lot Area -
PD-ED Tier One: Ten (10) acres (435,600 sq. ft.)
PD-ED Tier Two: Two (2) acres (87,120 sq. ft.)
ii.
Minimum Lot Width -
PD-ED Tier One: Five Hundred feet (500')
PD-ED Tier Two: Two hundred feet (200')
In the event an Industrial (“I”) District achieves access from the Tier One frontage, the minimum access shall be Fifty feet (50') and meet or exceed all required landscaping.
iii.
Minimum Lot Depth -
PD-ED Tier One: Five hundred feet (500')
PD-ED Tier Two: Two hundred feet (200')
b.
Size of Yards
i.
Minimum Front Yard - Tier One - Sixty feet (60') and Tier Two - Thirty feet (30') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard.
ii.
Minimum Side and Rear Yard - Fifteen feet (15') unless adjacent to a residentially zoned property.
iii.
Minimum Side and Rear Yard Adjacent to a Residential District - Twenty-five feet (25') for a building of fifteen feet (15'), and an additional one foot (1') for each foot above fifteen feet (15').
iv.
Interior Side Yards - The interior side yard setback between two (2) nonresidential buildings may be reduced to zero feet (0') where the two buildings share a common interior lot line, where construction of a party wall in accordance with the City’s Building Codes is used, and when approved by the City Council on the Site Plan following a favorable recommendation by the Planning and Zoning Commission. Where such a reduced side yard setback is utilized, the equivalent open space and landscape plantings and buffers that are normally required along a shared side property boundary shall be provided elsewhere on each respective affected lot (i.e., this requirement shall not be waived but provided elsewhere on site). Furthermore, applicant shall display on the Site Plan all required fire access. Approval of a Site Plan that shows such a reduced 0' side yard setback between two nonresidential buildings shall be discretionary in nature, and shall be based upon an analysis of the location, the configuration, and the impact and compatibility of the proposed construction with respect to adjacent land uses and structures.
c.
Maximum Lot Coverage - Fifty percent (50%) including main and accessory buildings; maximum eighty percent (80%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
d.
Maximum Floor Area Ratio (FAR) -
PD-ED Tier One: One to one (1:1).
PD-ED Tier Two: Point five to one (.5:1)
e.
Maximum Building Size - The maximum building footprint (first floor) area of a structure shall be determined by applying the lot’s size, minimum building setbacks, maximum of 50% lot coverage, minimum, parking requirement, minimum landscaping percentage and other pertinent development requirements.
I.
Off-Street Parking and Loading Requirements. Requirements associated with off-street parking shall be initially established in accordance with Article XVI of this Ordinance (Off-Street Parking and Loading Requirements) and the underlying use or zoning district. When varying from these guidelines the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established.
J.
Exterior Building Material. The City of Glenn Heights encourages the development of properties unique in design and that which aids in creating and following through with a theme. The facade of a building should be utilized to create an inviting atmosphere and excitement about the associated business. However, the City also requires materials to be used that will create integrity of the facility, withstand harsh elements and that will endure time. These requirements allow adequate variations for independent and unique design.
1.
Masonry Requirement - One hundred percent (100%) of the exterior of all new buildings (excluding doors and windows) shall be finished in one or more of the following materials indicated below:
a.
Brick, stone, cast stone, rock, marble and granite.
b.
Stucco may be used on up to 40% of a building facade but must be an authentic lath and stucco technology. Dryvit type systems (“EIFS” - Exterior Insulation and Finish Surfaces) or Styrofoam products may not be used. Control joints in stucco must be coordinated with the architectural design and should be indicated on the plans submitted. No stucco board is permitted.
c.
Architectural glass with less than twenty percent (20%) reflectance. However, only a maximum of twenty-five percent (25%) of a building facade may be constructed in architectural glass.
d.
Split-face concrete block, poured-in-place concrete and tilt-wall concrete. Concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs or other similar surface characteristics and adornments to enhance the facade on at least ten percent (10%) of each facade.
e.
Allowed wall systems include tilt-up concrete panels and engineered steel wall panels with masonry-like exterior finish. The exterior surface of wall systems must be textured masonry or covered with brick or stone. When tilt-up concrete wall systems are used, the visual effect of the design must reflect the wall support of structural systems that allow attenuated subdivision between openings. Large areas of blank wall, typically seen when such systems are used for retail/industrial/ distribution facilities, are not allowed. Rather the exterior wall must be finished providing a predominately masonry or themed (e.g., Texas star) appearance. Any portion of the tilt-up concrete wall system visually exposed in the building skin must be subdivided in a design that modulates with the features of the building elevation design (such as window bands or lines of structure).
f.
Cementitious board materials (i.e., Hardy plank) shall not be allowed.
2.
Additional Accent Materials - In addition, a minimum of ten percent (10%) of the following accent materials may be allowed, excluding all windows, doors and glass construction, in order to establish a unique architectural theme for the establishment.
3.
Side and Rear Facades - Sides not facing a road or residential area and rear facades shall be finished in a similar color, texture and material as the main front facade of the building.
4.
Architectural Features - In addition to the features described in Section I [1.] above, the facades of all primary commercial structures which face a street shall also include key architectural features such as:
a.
All primary structures shall be designed with distinguishable architectural elements, such as a distinct base, wall and cornice or top.
b.
The use of arcades, covered walkways, architectural awnings, canopies or porticos is required along twenty-five percent (25%) of the primary facade and/or street facing facades.
c.
Use of gables is permitted. Gables must be designed as: gable parapet, brick gables or craftsmanship gable.
d.
No building facade shall extend for a distance greater than three times the mean elevation of the wall’s height without having an offset of fifteen percent (15%) or more of the wall’s height. This offset shall extend for a distance equal to at least twenty-five percent (25%) of the maximum length of either adjacent plane.
e.
No horizontal wall shall extend for a distance greater than three times the height of the wall without changing height by a minimum of fifteen percent (15%) of the wall’s height. The height change shall continue for a minimum distance equal to at least twenty-five percent (25%) of the maximum length of either adjacent plane.
5.
Changes in Materials - The location of exterior wall material changes (e.g., brick to stucco or brick to stone) shall have a logical relationship to changes in the form of the structure and not be dictated by the simple economy. Material changes in the same wall plane are prohibited unless the dominant material is terminated with an architectural element such as a column or an offset. All materials must wrap the corner and change in one of the manners described above.
6.
Roof - The implied visible purpose of the roof form is to perform those functions associated with a roof. This is to provide protection, sunshade and/or shed water. A roof which exists only to conceal mechanical equipment is not allowed. Roof guidelines are as follows:
a.
Sloped Roof Materials shall be one of the following:
i.
Metal R Panel (baked-on color finish or anodized aluminum with specific exclusion to galvanized metal
ii.
Natural Stone
iii.
High quality clay or concrete tile in warm gray or dark earth tone color range
iv.
High quality composition shingle with a 40-year warranty or longer. Composition shingles shall be in gray or “weathered blend” color or other dark color. All roof colors shall be limited to a “Verde,” dark bronze or naturally weathered or earth tone color.
b.
In instances where pitched roofs are constructed, it is important that the roof mass be balanced with the remainder of the building. Furthermore, design should allow for the intersecting of gables, dormers and other compositional components to achieve asymmetrical balance.
c.
Flat roofs shall be concealed behind a parapet or an extension of the wall plane.
d.
No plumbing stacks, venting stacks or roof-mounted attic ventilators (except gable and/or dormer vents) shall penetrate the roof surfaces facing the street. Roof projections must be mounted straight and perpendicular to the ground plane and be painted to blend with the roof color. Roof projections and HVAC equipment mounted on the roof shall be screened from view and shall not be visible from any streets abutting or adjacent to the structure.
e.
The minimum roof pitch, visible from the street, shall be 8:12.
7.
Outdoor Storage and Accessory Buildings - Any accessory building or storage building, which is allowed under the zoning ordinance, shall be of like appearance to the primary building.
K.
Landscaping and Open Space Requirements. As the City of Glenn Heights intends to promote SmartScape and Xeriscape with the adoption of this ordinance and desires to reward incentives for the use of those practices, the submission of creative open space and landscaping are encouraged.
If the applicant does not desire to utilize SmartScape or Xeriscape practices or benefit from the incentives associated with those practices, the requirements associated with landscaping and open space shall be initially established in accordance with Section XVII.1 [Article 15.02] of this Ordinance (City’s Landscaping and Open Space Regulations) and other specific, adopted City ordinances. When varying from the guidelines within the Landscaping and Open Space Regulations, the applicant shall provide the method for establishing the new standards and the conditions necessary for the change in standards from those established.
L.
Utility Services. All utility service lines shall be underground.
M.
Mechanical Equipment. All air-conditioning compressors, boilers, power and meter boxes and satellite dishes must be completely screened from public view. Screening materials must consist of architectural devices that are logical visual extensions of the building design.
N.
Building Services. All building services (i.e., delivery entrance) must be located on that side of the building which does not front public streets and shall be screened and/or hidden from the view of adjacent residential uses. Screening materials must consist of architectural devices that are logical visual extensions of the building design.
O.
Fencing, Walls and Screening Requirements
1.
In the event that a PD-ED District sides or backs upon any type of residential district screening is required. See Section XVII.5 [Article 15.02] for available screening options. Screening shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties
2.
When screening is required between nonresidential and residential uses, it is the responsibility of the nonresidential use to construct and maintain the screening wall.
3.
No wall or fence shall be erected in any front or side yard which is adjacent to a public street unless the wall or fence is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way). In this case, the wall or fence shall be extended out to the street right-of-way line by the developer of the nonresidential development and the wall or fence shall be finished on both sides in a material, manner and color that is compatible to the exterior finish materials used on the main building. Screening walls or fences shall be placed such that they do not impede the visibility of vehicles entering or exiting the nonresidential development.
4.
Buffer-yards may be allowed in the front yard or side yard of a PD-ED District in a manner that they do not impede visibility for vehicles entering and exiting the development (see Section XVII.9 for sight visibility requirements). With the construction of buffer-yards in the front yard and/or side yard, masonry monument signs, approximately eight feet (8') tall by ten feet (10') long with up-lighting on the face of the sign, shall be constructed immediately interior of the public right-of-way for identification[.]
5.
All wall or fence construction requires a permit.
6.
If open storage is approved by the City Council, the screening wall or fence shall be a minimum of six feet (6') in height and shall be constructed according to Section XVII.5 [Article 15.02] Walls, Fences and Buffer-yards[.] No outside storage may exceed the height of the wall, fence or buffer. Outside storage exceeding eight feet (8') shall require approval by the City in the Site Plan process.
7.
Refuse storage areas (e.g., dumpster) which are not within a screened rear storage area and which are visible from any public right-of-way shall be visually screened by a minimum six-foot (6') solid brick or stone wall on at least three (3) sides. The fourth side, which is to be used for garbage pickup service, must provide a gate to secure the refuse storage area. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Reinforced concrete-paved pad sites and approaches (according to the City’s Standard Construction Details as adopted or as may be amended) shall be provided for refuse facilities for loading and unloading.
8.
Plans and specifications for screening walls or fences around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company and shall be submitted, along with an approval letter from the utility company, to the City Manager or his/her designee for review and approval prior to construction of said screening/fencing.
P.
Lighting. In an effort to reduce negative effects on the environment, the City of Glenn Heights encourages the use of “GO GREEN” light sources. As stated in Subsection C (“GO GREEN”) above, the City desires to participate in this initiative by offering incentives for these practices.
Standards of controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting of parking areas.
1.
The City of Glenn Heights desires to encourage and promote the development of properties unique in design and that which aids in creating or following through with a theme. The outside lighting of a building/complex/project should be utilized to complement an inviting atmosphere and excitement about the associated business. However, the City requires materials to be used that will create integrity of the facility, withstand harsh elements and that will endure time. Minimum standards for light standards are set forth in Section XIV.1.3 [15.04.033] (Lighting).
2.
In order to preserve the night sky and to reduce glare on roadways, pedestrian areas and adjacent properties, light sources (e.g., light bulbs) shall be oriented toward the center of the site or shielded so not to be visible from the nearest property line. This applies to refractory lenses that extend beyond the lighting fixture and are designed to redirect the lighting source horizontally. This does not apply to neon or internally lit signs.
3.
The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles.
4.
Bare bulbs of 15 watts or more or strings of lamps are prohibited, except for temporary lighting not exceeding forty-five (45) days per year.
5.
All off-street parking areas, for nonresidential uses in a PD-ED district, which are used after dark shall be illuminated beginning at sunset and continuing throughout the hours of use or until midnight, whichever is earlier. However, beginning at the close of business for each property and until sunrise a minimum of twenty percent (20%) of all parking area lighting shall remain illuminated. The following minimum requirements are set for lighting of parking areas:
a.
On the parking area surface, an average of at least two (2) footcandles, initial measurement, and a minimum average of one (1) footcandle on a maintained basis.
b.
Luminaries located in an off-street parking area on privately owned property shall be mounted at a height not to exceed thirty feet (30') as measured vertically from the horizontal surface of the nearest parking pavement.
Q.
Sign. On-premise signage shall be provided in accordance with the City’s Sign Ordinance as adopted and as may be amended. The City of Glenn Heights encourages the use of monument signs constructed of brick and/or stone and also encourages the submission of a comprehensive sign package to encompass all on-premise and off-premise signage that blends with the overall design of the project and avoids visual blight and pollution.
1.
The purpose of this section is to allow for a specialized review of signs which may have meritorious design and seek to promote a unique quality for the proposed development, but which require special consideration. Such specialized review shall encompass the number, size, height, color, location, lighting and/or relation to adjacent property, to promote the public health, safety and welfare and be consistent with the goals of community character. The permitting of such evaluation of the physical impact of the proposed sign on adjacent properties [sic] and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting and other potentially unfavorable impacts. Under these provisions, any form of monument, statue, artwork, tower, signage, as defined herein, or as proposed for a particular development as an architectural feature, other than a prohibited sign, may be presented as a comprehensive sign package for approval as stated herein.
2.
No building permit shall be issued in any PD-ED District for any use for which a comprehensive sign package is sought under this section until a special sign permit has been approved according to the requirements of this section.
3.
Any person, firm or corporation having a proprietary interest in any property within the City corporate limits requesting approval of a special sign permit as part of a PD-ED District shall submit an application and appropriate filing fee at the same time as the submittal of the zoning application with the following:
4.
The City Council, after public hearing and proper notice to all parties affected and after public hearing and recommendation by the Planning and Zoning Commission, may authorize the issuance of special sign permits for the comprehensive sign package as part of the ED-PD.
5.
The Planning and Zoning Commission, in considering and determining its recommendations to the City Council on any request for a special sign permit, may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any sign proposed.
6.
The City Council may, in the interest of the public welfare and to ensure compliance with this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a special sign permit, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from glare, offensive view of other undesirable conditions.
7.
All special sign permits approved in accordance with the provisions of this Section shall be referenced on the Zoning District Map and a file containing all documents relevant to the application and disposition of such special sign permit shall be maintained by the City Manager or his/her designee.
R.
Temporary Outside Display - Temporary (i.e., not long-term or permanent) outside display of seasonal items (e.g., Christmas trees, pumpkins, live vegetation etc.) shall be allowed but limited to the following:
1.
A permit from the City is required for each seasonal display.
2.
Display merchandise may be placed/located at the front facade of the main building but at no time shall not [sic] inhibit pedestrian traffic on the sidewalks, be located in required parking spaces, restrict rights-of-way, or obstruct adjacent properties.
3.
Merchandise shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way (i.e., sidewalk sales cannot block the sidewalk or extend out into the street).
4.
Merchandise shall only be located in front of the property/business that is selling the item(s).
5.
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
6.
All merchandise shall be displayed in an orderly manner, and the display area shall be maintained in a clean, litter-free manner.
S.
Long-term and Permanent Open Storage - Long-term and permanent open storage is prohibited in the TC district.
T.
Special Requirements
1.
Driveway Spacing (i.e., distance between driveways, measured edge-to-edge):
a.
Driveway spacing in a PD-ED Tier One shall be determined by the rules and regulations of the Texas Department of Transportation (TxDOT). Driveways accessing a local collector street shall be no less than one driveway per one hundred linear feet (100') of frontage. From time to time adjoining properties may be required to share driveways for ingress and egress.
b.
Driveway spacing in a PD-ED Tier Two shall be no less than one driveway per two hundred linear feet (200') of frontage. Driveways accessing a local collector street shall be no less than one driveway per one hundred linear feet (100') of frontage. From time to time adjoining properties may be required to share driveways for ingress and egress.
c.
Minimum distance from driveway to street corner shall be no less than seventy-five feet (75') as measured from the street corner radius point of tangency. Fifty feet (50') may be permitted via site plan approval by City Council, upon recommendation by the Planning & Zoning Commission, provided that the lesser distance of fifty feet (50') is approved in writing by the City Manager, or his/her designee, or, if located on a State roadway, it is approved in writing by the local representative of TxDOT.
U.
Submittal Requirements. To facilitate understanding of the request during the review and public hearing process the concurrent submission of a Concept Plan for the proposed project shall be required along with the PD-ED zoning application.
1.
Concept Plan - This Plan shall be submitted by the applicant at the time of the PD-ED zoning request. The Plan shall show the applicant’s intent for the use of the land within the proposed PD-ED District in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The City may prepare application form(s) that further describe and explain the following requirements:
a.
A Concept Plan shall be submitted with any zoning district allowed under this Ordinance and shall clearly show all pertinent aspects of the type and nature of the proposed development. The Concept Plan shall show the types of use(s) proposed; access, topography and boundaries of the PD-ED area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.
b.
A detailed Site Plan and Preliminary Plat shall be submitted in accordance with this Ordinance for approval within one (1) year from the approval date of the Concept Plan for all or some portion of the PD-ED District covered by the overall PD-ED Concept Plan. If the detailed Site Plan and Preliminary Plat are not submitted within one (1) year, then the PD-ED Concept Plan may be subject to review by the Planning and Zoning Commission and the City Council to determine its continued validity. If the City determines that the PD-ED Concept Plan is no longer valid or that the proposed development is no longer viable, then a new PD-ED Concept Plan, along with a PD-ED zoning application to amend the PD-ED Ordinance and its accompanying Concept Plan, must be submitted for review and approval prior to detailed Site Plan and Preliminary Plat review/approval and any subsequent issuance of a building permit for any portion of the PD-ED District.
c.
PD-ED Site Plan (detailed) and Preliminary Plat - Submission and approval of the detailed PD-ED Site Plan shall be in accordance with this Ordinance and shall accompany the Preliminary Plat. The detailed PD-ED Site Plan will establish the final plans for development of the PD-ED District, or any portion thereof, and it shall substantially conform to the Concept Plan and development data approved on the City Council. A PD-ED Site Plan, along with the required engineering and architectural site construction plans and Preliminary Plat, may be submitted for only the sections or lots that are proposed for immediate development rather than for the entire PD-ED District. Building facade (i.e., elevation) plans shall be submitted for review and approval along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The City Manager, or his/her designee, may require submission of additional information and materials (possibly actual samples of materials to be used) during the Site Plan review process.
V.
Approval Process and Procedures
1.
The procedure for establishing a PD-ED District shall follow the procedures for zoning amendments as set forth in Section IV.1 of this Zoning Ordinance.
2.
The Ordinance establishing the PD-ED District shall not be adopted until the accompanying Concept Plan is approved by the City Council, and until all other procedural requirements set forth in the Zoning Ordinance are satisfied.
3.
When considering a PD-ED zoning request the Planning and Zoning Commission and/or City Council may require a written report from the City Manager, or his/her designee, discussing the project’s impact upon planning, engineering, water and wastewater utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (e.g., School District, TxDOT, etc.). In the event written comments and advisement are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a recommendation to the City Council without said comments or advisement.
4.
Upon final approval of the PD-ED District, in accordance with the provision of this Ordinance, shall be prefixed by a “PD-ED1” or “PD-ED2” designation and assigned a unique identification number (e.g., PD-ED1-1, PD-ED2-1) or title (e.g., PD-ED1-Target, PD-ED2-Hampton Plaza) and shall also be referenced on the Official Zoning Map. A list of such PD-ED Districts, showing the developer’s (i.e., zoning applicant’s) name, acreage and location of the property, base zoning district(s), PD-ED ordinance adoption date, uses permitted and any other special stipulations of each PD-ED District, shall be maintained in the City Secretary’s office.
5.
Prior to the adoption of this Ordinance, the City Council previously established certain PD-ED districts, some of which are to be continued in full force and effect.
IX.4.4
SUP - Specific Use Permits
A.
Purpose and Intent
1.
Nature of Conditional, or Specific, Use - A conditional, or specific, use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This Section, along with the Comprehensive Master Plan, sets forth the standards used to evaluate proposed conditional uses and the procedures for approving Specific Use Permit applications.
2.
Permit Required - No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within any zoning district until a Specific Use Permit (SUP) is issued in accordance with the provisions of this Section. An application for a Specific Use Permit shall be accompanied by a Concept Plan or a detailed Site Plan prepared in the manner described in Article VIII of this Zoning Ordinance. The Concept Plan or Site Plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Article VIII.
B.
Status of Conditionally Permitted Uses. The following general rules apply to all conditional uses:
1.
The designation of a use in a zoning district as may be permitted by SUP in Section XI.4.4 [IX.4.4] of this Ordinance does not constitute an authorization or assurance that such use will be approved.
2.
Approval of a Specific Use Permit shall authorize only the particular use for which the SUP is issued. An SUP may only be issued to the identified property and to the applicant. Any change in applicant shall render the SUP null and void. An SUP cannot be transferred to any other owner, applicant or property.
3.
No use authorized by a Specific Use Permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Specific Use Permit in accordance with the procedures set forth in this Section and Section XI.4.4 [IX.4.4] of this Ordinance.
4.
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, and any permits that may be required by regional, State or Federal agencies.
C.
Application for Specific Use Permit
1.
Application Requirements - An application for a Specific Use Permit may be submitted by the property owner or by the property owner’s designated representative to the City. The application shall be accompanied by a Concept Plan or Site Plan prepared in accordance with the requirements of Article VIII herein. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a Specific Use Permit.
2.
Subdivision Approval - If the proposed use requires a division of land or requires platting the property, an application for subdivision approval (e.g., Site Plan or Preliminary Plat) shall be submitted in conjunction with the application for a Specific Use Permit (see Subdivision Regulations). Approval of the Specific Use Permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the Specific Use Permit shall take effect upon Final Plat approval of the phase of the subdivision containing the property on which the conditional use is to be located.
D.
Procedures for Specific Use Permits
1.
Planning & Zoning Commission Recommendation - Upon receipt of the recommendation from the City Manager, the Planning and Zoning Commission shall advertise, post and conduct a Public Hearing in order to formulate its recommendations to the City Council on the Specific Use Permit application. Following the Public Hearing and determination of conformance with the Comprehensive Master Plan, the Planning and Zoning Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council in accordance with Section II.1.7. If the appropriateness of the use cannot be assured at the location, the Planning and Zoning Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.
2.
City Council Action - The City Council shall be the final decision-maker on applications for Specific Use Permits. Following a duly advertised and posted Public Hearing, consideration of the Planning and Zoning Commission’s recommendations and determination of conformance with the Comprehensive Master Plan, the City Council shall approve, modify or deny the proposal for a Specific Use Permit in accordance with Section XI.4.4 [IX.4.4]. If the appropriateness of the use cannot be assured at the location, the application for Specific Use Permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.
E.
Standards
1.
Factors for Consideration - When considering applications for a Specific Use Permit, the Planning and Zoning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the Concept Plan/Site Plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Planning and Zoning Commission and the City Council shall specifically consider the extent to which:
a.
The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Master Plan;
b.
The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
c.
The proposed use meets all supplemental standards specifically applicable to the use as set forth in Article XV of this Ordinance;
d.
The proposed use is compatible with and preserves the harmony, character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to:
i.
Situational suitability, which may include but are not limited to, lighting, noise restrictions, hours of operation, business regulations and loading zones.
ii.
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;
iii.
Off-street parking and loading areas;
iv.
Refuse and service areas;
v.
Utilities with reference to location, availability, and compatibility;
vi.
Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;
vii.
Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
viii.
Required yards and open space;
ix.
Height and bulk of structures;
x.
Hours of operation;
xi.
Exterior construction material and building design; and
xii.
Roadway adjustments, traffic-control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.
e.
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
2.
Conditions - In approving the application, the Planning and Zoning Commission may recommend, and the City Council may impose, such additional conditions (e.g., hours of operation, etc.) as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section, in accordance with the procedures in Article IV. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable City code or ordinance, and they cannot, in effect, relax or grant relief from any of the City’s minimum standards (see Subsection C [3.] below). Any conditions imposed shall be set forth in the ordinance approving the conditional use, and shall be incorporated into or noted on the Concept Plan or Site Plan for final approval. Other than additional conditions specifically amended or altered in the approving ordinance and/or Site Plan, all other district regulations of the base zoning district shall apply. The City Manager or his/her designee shall verify that the Plan incorporates all conditions set forth in the ordinance authorizing the conditional use, and shall sign the Plan to indicate final approval. The City shall maintain a record of such approved conditional uses and the Site Plans and conditions attached thereto.
3.
Prohibition on Waivers and Variances - The foregoing additional conditions (i.e., standards of development for the SUP) shall not be subject to variances that otherwise could be granted by the Zoning Board of Adjustment, nor may conditions imposed by the City Council subsequently be waived or varied by the ZBA. In conformity with the authority of the City Council to authorize conditional uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this Ordinance, to secure the general objectives of this section; provided, however, that the City Council shall not waive or modify any approval factor set forth in Subsection A of this Section [Subsection 1. above].
4.
General Provisions of Specific Use Permit. A Specific Use Permit shall contain the following provisions, among any others deemed necessary and advisable by the City Council for the conduct of operation of a particular use and to ensure continuation of situational suitability.
a.
The Specific Use Permit is specific to an identified physical or legal location and to the owner/applicant and shall not be transferred to any other location, entity or person without the approval of the City Council in accordance with the procedures for approval of a new SUP; and
b.
Any violations of the terms and conditions of the Specific Use Permit shall render the “SUP” null and void without further notice or hearing.
F.
Expiration and Extension. A Specific Use Permit may be rescinded by the City Council, on its own motion and at its discretion, for failure to commence development or for failure to extend the time for performance for the Concept Plan or Site Plan approved along with the SUP ordinance (see Article IV and VIII).
G.
Amendment. No proposed or existing building, premise or land use authorized as a conditional use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the Specific Use Permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this section, and the Specific Use Permit and approved Concept Plan or Site Plan are amended accordingly.
H.
Other Regulations. The Zoning Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use Permit.
I.
Use Regulations. Uses allowed by SUP are specified in Section XI.1 (Use Charts).
J.
Identification of Specific Use Permits. All SUPs approved in accordance with the provisions of this Ordinance, as may be amended, shall be prefixed by an “SUP” designation and assigned a unique identification number (e.g., SUP-1, SUP-2, SUP-3, and so on), and shall also be referenced on the Zoning Map. A list of such SUPs, showing the developer’s (i.e., zoning applicant’s) name, acreage and location of the property, base zoning district(s), SUP ordinance adoption date, uses permitted and any other special stipulations of each SUP, shall be maintained in the City Secretary’s office[.]
K.
Prior Specific Use Permit Ordinances Remaining In Effect. Prior to adoption of this Ordinance, the City Council previously established certain SUPs, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this Ordinance, specified in Appendix A-1, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective SUPs shown on the Zoning Map as of the effective date of this Ordinance. Each prior SUP ordinance is hereby assigned a unique identification number (e.g., SUP-1, SUP-2, SUP-3, and so on) as shown in Appendix A-1, and subsequent SUP ordinances adopted after the effective date of this Ordinance shall be similarly numbered for identification purposes.
Editors’ note–Appendix A-1, referred to in subsection K., is not printed herein. |
(Ordinance O-03-09, adopted 4/20/09; Ordinance O-03-24 adopted 1/23/2024)
§ 5 OBSOLETE DISTRICTS.
The zoning regulations of this Section shall apply only to Planned Development districts approved prior to the effective date of this Ordinance. This Section contains the following types of obsolete zoning regulations:
A.
Obsolete Districts. The SF-5, BP and HC districts have been removed from the remainder of this Ordinance and shall not henceforth be applied to any property in the City. The standards of these districts shall continue to apply only in Planned Development districts approved prior to the effective date of this Ordinance that reference the regulations of these districts in the adopting ordinance.
B.
Modified Dimensional Regulations. Some of the dimensional regulations for single-family detached dwellings have been modified as of the effective date of this Ordinance. The original regulations existing prior to the effective date of this Ordinance and retained in this Section shall continue to apply only to Planned Development districts approved prior to the effective date of this Ordinance that reference the dimensional regulations of such districts in the adopting ordinance.
C.
Obsolete Use. Some Planned Development districts approved prior to the effective date of this Ordinance authorize the development of single-family detached (medium density) dwellings. The development standards for single-family detached (medium density) dwellings contained in this Section shall continue to apply to such districts.
D.
Obsolete Planned Development standards. Prior to the effective date of this Ordinance, the City’s zoning ordinance contained specific development standards for uses other than single-family detached (medium density) dwellings in planned development districts. These standards applied in Planned Development districts where no other standards were specifically referenced in the adopting ordinance. These standards shall continue to apply to such districts, but shall not be applicable to Planned Development districts approved after the effective date of this Ordinance.
(Ordinance O-03-09, adopted 4/20/09)