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Highland Village City Zoning Code

III ZONING

DISTRICTS

§ 14 Zoning districts established.

14.1 
The City of Highland Village, Texas hereby establishes the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:
Abbreviated Designation
Zoning District Name
Base Districts
 
SF-40
Single-family residential - low density - 40000 square foot lots
SF-15
Single-family residential - 15000 square foot lots
SF-12
Single-family residential - 12000 square foot lots
SF-10
Single-family residential - 10000 square foot lots
SF-8
Single-family residential - 8000 square foot lots
2F
Two-family residential (duplex) - 8400 square foot lots
MF
Multifamily residential - 16 units per acre
O
Office
NS
Neighborhood service
R
Retail
HC
Highway commercial
C
Commercial
LI
Light industrial
Overlay Districts
 
PD
Planned development (prefix and overlay district)
14.2 
A summary of the area regulations of the following zoning districts is included in the appendix.
Editor's note–The summary of area regulations is not printed herein.
14.3 
Certain terms and definitions used in this ordinance can be found in section 39 of this ordinance.
(Ordinance 2018-1254 adopted 11/13/18)

§ 15 SF-40, single-family residential district - 40000.

15.1 
General purpose and description:
The SF-40, single-family zoning district is designed to promote and encourage a suitable environment for family life on large parcels of land used only for suburban style single-family homes and their community services and facilities. This district is intended to encourage more open space, permeable surfaces, and greater setbacks with characteristics of semi-rural areas (estimated average density, 0.8 units per acre).
15.2 
Permitted uses:
1. 
Those primary uses specified in section 29 (Use Charts).
2. 
Accessory uses as specified in section 34.
3. 
Conditional uses as specified in section 12.
15.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet for the main building. One story [for] accessory buildings without garages.
15.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Forty thousand square feet.
2. 
Minimum lot width:
One hundred fifty feet.
3. 
Minimum lot depth:
One hundred fifty feet.
B. 
Size of yards:
1. 
Minimum front yard:
Thirty-five feet.
2. 
Minimum side yard:
Twenty feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section 36).
3. 
Minimum rear yard:
Thirty feet.
C. 
Maximum lot coverage:
Fifty percent including accessory buildings, driveways and parking areas.
D. 
Parking regulations:
1. 
Single-family dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section 31, off-street parking and loading regulations).
E. 
Minimum dwelling unit area:
Two thousand square feet.
15.5 
Other regulations:
A. 
No permanent use of temporary dwellings, such as recreational vehicles, travel trailers or mobile homes, may be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire are prohibited as perimeter fencing except for containment of farm animals on one acre or larger.
C. 
Outside storage is prohibited (except for materials for the resident's personal use or consumption, i.e., firewood, garden materials, etc., and screened from public view. Public view shall be deemed from a public street.)
D. 
As established by sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 16 SF-15, single-family residential district - 15000.

16.1 
General purpose and description:
The SF-15, single-family residential district - 15000 is intended to be similar to the SF-40 except composed of detached, single-family residences on lots of not less than 15,000 square feet (estimated average density: 2.0 dwelling units per acre).
16.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
16.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet for the main building. One story for accessory buildings without garages.
16.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Fifteen thousand square feet.
2. 
Minimum lot width:
One hundred feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Thirty feet.
2. 
Minimum side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section 36).
3. 
Minimum rear yard:
Twenty feet adjacent to an alley; 15 feet if no alley exists.
C. 
Maximum, lot coverage:
Thirty-five percent by main buildings and accessory buildings.
D. 
Parking regulations:
1. 
Single-family dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section 31, off-street and loading requirements).
2. 
[Garages:]
Garages shall not face a street unless the garage is set back 40 feet or more from the front property line. (Also see section 31.2(D))
E. 
Minimum dwelling unit area:
One thousand eight hundred square feet.
16.5 
Other regulations:
A. 
No permanent use of temporary dwellings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire are prohibited as perimeter fencing except for containment of farm animals on one acre or larger.
C. 
Open storage is prohibited (except for materials for the resident's personal use or consumption i.e., firewood, gardening materials, etc., and screened from public view. Public view shall be deemed from a public street.)
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20 feet from the door face of the garage to the side property line for maneuvering.
E. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 17 SF-12, single-family residential district - 12000.

17.1 
General purpose and description:
The SF-12 single-family residential district - 12000 is intended to be similar to the SF-15 except composed of detached, single-family residences on lots of not less than 12,000 square feet (estimated average density: 2.5 dwelling units per acre).
17.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
17.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet for the main building. One story for accessory buildings without garages.
17.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Twelve thousand square feet.
2. 
Minimum lot width:
Ninety feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Thirty feet.
2. 
Minimum side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section 36).
3. 
Minimum rear yard:
Twenty feet if adjacent to an alley; 15 feet if no alley exists.
C. 
Maximum lot coverage:
Thirty-five percent by main and accessory structures.
D. 
Parking regulations:
1. 
Single-family dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section 31, off-street parking and loading requirements).
2. 
[Garages:]
Garages shall not face a street unless the garage is set back 40 feet or more from the front property line. (Also see section 31.2(D)).
E. 
Minimum dwelling unit area:
One thousand five hundred square feet.
17.5 
Other regulations:
A. 
No permanent use of temporary dwellings, such as recreational vehicles, travel trailers or motor homes, may be for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire are prohibited as perimeter fencing except for containment of farm animals on one acre or larger.
C. 
Open storage is prohibited (except for materials for the resident's personal use or consumption, i.e., firewood, gardening materials, etc., and screened from public view. Public view shall be deemed from a public street.)
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20 feet from the door face of the garage to the side property line for maneuvering.
E. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 18 SF-10, single-family residential district - 10000.

18.1 
General purpose and description:
The SF-10 single-family residential district - 10000 is intended to be similar to the SF-12 except composed of detached, single-family residences on lots of not less than 10,000 square feet (estimated average density: 3.1 dwelling units per acre).
18.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
18.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet for the main building. One story for accessory buildings without garages.
18.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Ten thousand square feet.
2. 
Minimum lot width:
Eighty feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section 36).
3. 
Minimum rear yard:
Twenty feet adjacent to an alley; 15 feet if no alley exists.
C. 
Maximum lot coverage:
Forty percent by main and accessory structures.
D. 
Parking regulations:
1. 
Single-family dwelling unit:
Two enclosed spaces behind the front building line on the same lot as the main structure (see section 31, off-street parking and loading requirements).
2. 
[Garages:]
Garages shall not face a street unless the garage is set back 40 feet or more from the front property line. (Also see section 31.2(D))
E. 
Minimum dwelling unit area:
One thousand five hundred square feet.
18.5 
Other regulations:
A. 
No permanent use of temporary dwellings, such as recreational vehicles, travel trailers or motor homes, may be for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire are prohibited as perimeter fencing except for containment of farm animals on one acre or larger.
C. 
Open storage is prohibited (except for materials for the resident's personal use or consumption, i.e., firewood, gardening materials, etc., and screened from public view. Public view shall be deemed from a public street.)
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20 feet from the door face of the garage to the side property line for maneuvering.
E. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 19 SF-8, single-family residential district - 8000.

19.1 
General purpose and description:
The SF-8, single-family residential district - 8000 is designed to provide for suitable residential environment on smaller and more compact lots or parcels of land not less than 8,000 square feet (estimated average density: 3.8 dwelling units per acre).
19.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
19.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet for the main building. One story for accessory buildings without garages.
19.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Eight thousand four hundred square feet.
2. 
Minimum lot width:
Sixty-five feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Both side yards shall total at least 15 feet and the minimum side yard shall be five feet; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section 36).
3. 
Minimum rear yard:
Twenty feet if adjacent to an alley; 15 feet if no alley exists.
C. 
Maximum lot coverage:
Forty percent by main buildings and accessory buildings.
D. 
Parking regulations:
1. 
Single-family dwelling unit:
A minimum of two enclosed spaces behind the front building line on the same lot as the main structure (see section 31, off-street and loading requirements).
2. 
[Garages:]
Garages shall not face a street unless the garage is set back 40 feet or more from the front property line. (Also see section 31.2(D))
E. 
Minimum dwelling unit area:
One thousand four hundred square feet.
19.5 
Other regulations:
A. 
No permanent use of temporary dwellings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire are prohibited as perimeter fencing except for containment of farm animals on one acre or larger.
C. 
Open storage is prohibited (except for materials for the resident's personal use or consumption i.e., firewood, gardening materials, etc., and screened from public view. Public view shall be deemed from a public street.)
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20 feet from the door face of the garage to the side property line for maneuvering.
E. 
Regulations as established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 20 2F, two-family residential district (duplex).

20.1 
General purpose and description:
The 2F, two-family residential district is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of the two-family or duplex units is encouraged. This district may include portions of neighborhoods, or, when in accordance with the intent of the comprehensive plan, may provide a "buffer" or transition district between lower density residential areas and higher or nonresidential areas, or major thoroughfares (estimated average density: 6.4 dwelling units per acre).
20.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
20.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet for the main building. One story for accessory buildings without garages.
20.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Eight thousand four hundred square feet for each pair of dwelling units or 4,200 square feet per unit.
2. 
Minimum lot width:
Seventy feet; 35 feet for each dwelling unit.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Ten feet required; corner lots adjacent to a street shall maintain the same side yard as the front yard (for exceptions see section 36).
3. 
Minimum rear yard:
Twenty feet if adjacent to an alley; 15 feet if no alley exists.
C. 
Maximum lot coverage:
Fifty percent by main buildings.
D. 
Parking regulations:
1. 
Residential structures:
A minimum of two enclosed spaces for each unit behind building line on the same lot as each dwelling unit (see section 31, off-street parking and loading requirements).
2. 
[Garages:]
Garages shall not face a street unless the garage is set back 40 feet or more [from the] front property line. (Also see section 31.2(D))
E. 
Minimum dwelling area size:
One thousand two hundred square feet.
20.5 
Other regulations
A. 
Lots in the 2F district shall be platted in pairs such that a duplex may be placed on each pair of lots for the purpose of encouraging individual ownership of each side or unit. The subdivision plat shall designate the pairs of lots and which lot lines are to be outside lot lines of each pair. There shall be only one dwelling unit per lot, and no dwelling unit shall cross a designated outside lot line. No single-family detached dwelling may be constructed on one of the designated pairs of lots.
B. 
All utilities shall be provided separately to each duplex in a 2F district such that each unit is individually metered.
C. 
Single-family dwellings constructed in this district shall conform to the standards as set forth in the SF-8 district.
D. 
A two-hour interior firewall is required between attached units.
E. 
A preliminary plat is required at the time of zoning approval for duplex subdivisions.
F. 
No permanent use of temporary dwellings, such as travel trailers, recreational vehicles, or motor homes, may be for on-site dwelling purposes.
G. 
Electrical fencing and barbed wire are prohibited as perimeter fencing except for containment of farm animals on one acre or larger.
H. 
Open storage is prohibited (except for materials for the resident's personal use or consumption, i.e., firewood, gardening materials, etc., and screened from public view. Public view shall be deemed from a public street.)
I. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20 feet from the door face of the garage to the side property line for maneuvering.
J. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 21 MF, multiple-family district - 16.

21.1 
General purpose and description:
The MF, multiple-family residential district is an attached residential district intended to provide the highest residential density of 16 dwelling units per acre. The principal permitted land uses will include low-rise multiple-family dwellings, and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district shall be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic, and medium or low density residential development.
21.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
21.3 
Height regulations:
A. 
Maximum height:
Thirty-five feet. All accessory buildings (excluding recreational buildings) shall be limited to one story in height.
21.4 
Area regulations:
A. 
Size of lots:
1. 
Minimum lot area:
Two thousand seven hundred twenty-two square feet per dwelling unit, not to exceed 16 dwelling units per acre (calculated on gross acreage). The minimum lot size shall be 20,000 square feet.
2. 
Minimum lot width:
One hundred feet.
3. 
Minimum lot depth:
One hundred twenty feet.
B. 
Size of yards:
1. 
Minimum front yard:
Forty feet. All areas adjacent to a street shall be deemed front yards.
2. 
Minimum side yard:
Fifteen feet; 60 feet when building is in excess of one story in height and adjacent to a single-family zoning district.
3. 
Minimum rear yard:
Twenty feet; 80 feet when the building is in excess of one story and adjacent to a single-family zoning district.
4. 
Building separation:
One story, 15 feet, two stories, 20 feet between buildings without openings (windows or doors); one story, 25 feet, two stories, 35 feet between buildings with openings.
C. 
Minimum area per dwelling unit:
Seven hundred fifty square feet per unit plus 150 square feet for each additional bedroom over one[.]
D. 
Maximum lot coverage:
Fifty percent total, including main and accessory buildings[.]
E. 
Parking regulations:
1. 
1.75 per each efficiency or one-bedroom unit.
2. 
Two per each two-bedroom unit.
3. 
2.5 per each three-bedroom unit.
4. 
Three per each four or more bedroom unit.
5. 
Fifty percent of the required parking spaces shall be covered.
6. 
All parking areas shall be screened from view adjacent to public streets. Screening may be in the form of live plant materials, berms, or brick masonry walls.
7. 
All complexes must provide one additional designated space for every ten units for the storage of recreational vehicles, boats and/or trailers. These spaces shall be in a designated area and not counted towards the number of required parking spaces.
8. 
See section 31, off-street parking and loading requirements.
21.5 
Refuse facilities:
A. 
Every multifamily dwelling unit shall be located within 250 feet of a refuse facility, measured along the designated pedestrian and vehicular travelway. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling. Refuse dumpsters shall be no closer than 30 feet to any adjacent single-family property.
B. 
Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by an opaque wall of brick masonry not less than six feet, nor more than eight feet in height. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (See illustration 16 for gate design.)
21.6 
Other regulations:
A. 
No permanent use of temporary dwellings, such as travel trailers, recreational vehicles, or motor homes, may be for on-site dwelling purposes.
B. 
Open storage is prohibited.
C. 
The front door of each apartment unit shall be no more than 150 feet from a fire lane (measured by an unobstructed straight line).
D. 
A paved walkway shall connect the front door of each ground floor unit and to the parking area.
E. 
Each multifamily complex shall provide recreational facilities designed for use by the tenants of the complex.
F. 
Buildings shall not exceed 200 feet in length.
G. 
All multifamily dwelling units shall have roof slopes with a minimum of 4:12 pitch.
H. 
Buildings with facades that are longer than 50 feet 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.
I. 
Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided. This parking area shall not be used to meet the minimum parking requirements and shall not be in view from a public street (also see [section]21.4(E)).
J. 
All buildings containing residential units shall provide a sign, visible from the driveway, identifying the unit numbers within the building.
K. 
All mechanical, heating and air conditioning units shall be screened or hidden from view.
L. 
Usable open space:
Each lot or parcel of land, which is used for multiple-family residences, shall provide on the same lot or parcel of land, usable open space (as defined below) in accordance with the following requirements:
Number of Bedrooms or Sleeping Rooms
Amount of Open Space For Each Sleeping Room
One or less
600 square feet
Each additional bedroom over 1
300 square feet
An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as artwork or fountains. Usable open space shall not include: rooftops; accessory buildings; parking areas; driveways; turnaround areas; or the right-of-way or easement for streets or alleys.
At the time of site plan approval, the planning and zoning commission may recommend and the city council may approve credit for usable open use requirements under the following conditions:
1. 
Up to three square feet for each one square foot of area provided for the following recreational facilities:
a. 
Swimming pools, tennis courts, racquetball courts, or similar facilities.
b. 
Decks, patios or lounge areas adjacent to or within ten feet of swimming pools.
c. 
Children's play areas developed with play equipment.
d. 
Usable portions of recreational buildings.
2. 
Partial or full credit may be given for on-site open space that exceeds the minimum slope as defined above, if it is determined that such areas are environmentally or aesthetically significant and their preservation would enhance the development and community. In determining environmental and aesthetic significance, the planning and zoning commission and city council will consider:
a. 
Preservation of significant trees or other natural vegetation.
b. 
Contribution to on-site retention of stormwater or natural control of drainage.
c. 
Preservation of vistas and other qualities.
d. 
Buffer or transition between the multifamily use and other uses.
3. 
Available off-site open space may be credited for up to one-third of the usable open space requirement if:
a. 
Fifteen percent or more of the site's boundary is adjacent to park land.
b. 
There are defined pedestrian connections between the multifamily development and park land.
c. 
Permanent usable open space is within 100 feet of the development that is available for use by the general public.
d. 
The design of the development provides a significant visual and pedestrian connection in park land.
4. 
The combined credit for areas calculated at a three-to-one basis and off-site parks or usable open space shall not exceed 50 percent of the total usable open space requirement for each multifamily development.
M. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 22 O, office district.

22.1 
General purpose and description:
The O, office district is established to create a flexible district for low intensity office and professional uses generally in buildings two stories or less. Permitted uses should be compatible with adjacent residential areas by limiting heights to one story and utilizing buffers and landscape requirements established by the district. Buildings in this district should be compatible and in similar scale with residential uses and adjacent property.
22.2 
Uses permitted:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Uses permitted by conditional use permit according to section 12.
22.3 
Height regulations:
A. 
Maximum height:
Two stories or 40 feet.
B. 
Roof pitch:
Buildings shall have a minimum roof pitch of 4:12 if the building is within 60 feet of a residential use or zoning district.
22.4 
Area regulations:
A. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet; all yards adjacent to a street shall be considered a front yard.
2. 
Minimum side yard:
Exterior, ten feet; interior, none.
3. 
Minimum rear yard:
Twenty feet.
4. 
Adjacent to a single-family district:
The side or rear setback, whichever is adjacent to a single-family zoning district, shall observe a 60-foot setback if the office use is over one story in height.
B. 
Size of lots:
1. 
Minimum lot size:
Seven thousand square feet.
2. 
Minimum lot width:
Sixty feet.
3. 
Lot depth:
One hundred feet.
22.5 
Other regulations:
A. 
Maximum floor area ratio:
0.5:1 (See illustration 1 for example).
B. 
Parking requirements:
As established by section 31, off-street parking and loading requirements.
C. 
[Open storage:]
Open storage is prohibited.
D. 
[Permanent use of temporary dwellings:]
No permanent use of temporary dwellings, such as travel trailers or mobile homes, may be used for on-site dwelling or nonresidential purposes.
E. 
[Screening of mechanical, heating and air conditioning equipment:]
All mechanical, heating and air conditioning equipment shall be screened from public streets.
F. 
[Development standards:]
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 23 NS, neighborhood service district.

23.1 
General purpose and description:
The NS, neighborhood service district is established as a limited retail category intended for the use of nearby neighborhood areas for the purpose of supplying day-to-day needs and personal services. Establishments should include small, freestanding retail structures, such as convenience stores and neighborhood-oriented personal service establishments. Sites zoned NS should generally utilize a small or corner lot within a logical neighborhood area, located on a collector street and the gross leasable floor area of structures should not exceed 6,000 square feet.
23.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
23.3 
Height regulations:
A. 
Maximum height:
One story or 20 feet.
B. 
Roof pitch:
Buildings shall have a roof pitch of 4:12 if the building is within 60 feet of a residential use or zoning district.
23.4 
Area regulations:
A. 
Size of lot:
1. 
Minimum lot area:
Seven thousand square feet.
2. 
Maximum lot area:
Three acres
3. 
Minimum lot width:
Sixty feet.
4. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Ten feet; 25 feet adjacent to a public street or residential lot.
3. 
Minimum rear yard:
Twenty feet or 25 feet adjacent to a residential lot.
C. 
Maximum lot coverage:
Forty percent by main and accessory structures.
D. 
Maximum building or structure size:
Six thousand square feet.
E. 
Parking regulations:
a. 
As required by section 31, off-street parking and loading requirements.
23.5 
Other regulations:
A. 
Open storage is prohibited.
B. 
No permanent use of temporary dwellings, such as travel trailers or mobile homes.
C. 
All mechanical, heating and air conditioning equipment shall be screened from public streets.
D. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 24 R, retail [district].

24.1 
General purpose and description:
The R, retail district is established to provide locations for various types of general retail trade, business and service uses. The district allows larger shopping areas or uses with a gross leasable floor area which exceeds 6,000 square feet (those not permitted in the NS district). These shopping areas should utilize established landscape and buffering requirements and be limited to two stories in height. The "R" district should be located along or at the intersection of major collectors or thoroughfares on F.M. 407 to accommodate higher traffic volumes.
24.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
24.3 
Height regulations:
A. 
Maximum height:
Two stories; not to exceed 40 feet.
24.4 
Area regulations:
A. 
Size of lot:
1. 
Minimum lot area:
Seven thousand square feet.
2. 
Minimum lot width:
Sixty feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Twenty-five feet adjacent to a street or residential property.
3. 
Interior side yards:
When retail uses are platted adjacent to other retail and other nonresidential uses, no side yard is required provided:
a. 
Both property owners agree to adjoining buildings;
b. 
Adequate fire lanes and circulation is provided on-site; and
c. 
Appropriate building codes can be met.
4. 
Minimum rear yard:
Twenty-five feet.
C. 
Maximum lot coverage:
Forty percent by main and accessory structures.
D. 
Parking regulations:
1. 
As required by section 31, off-street parking and loading requirements.
24.5 
Other regulations:
A. 
Open storage is prohibited.
B. 
No permanent use of temporary dwellings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
C. 
All mechanical, heating and air conditioning equipment shall be screened from public streets.
D. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 25 HC, highway commercial [district].

25.1 
General purpose and description:
The HC, highway commercial zoning district is intended to provide locations for certain larger types and sizes of office, retail and commercial land uses oriented to F.M. 407 or I.H. 35. The uses within this district are those needing larger parcels but not necessarily at a major street intersection. This district allows for uses or buildings with a gross floor area of over 10,000 square feet.
25.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under the provisions of conditional use permits, section 12.
25.3 
Height regulations:
A. 
Maximum height:
Two stories; not to exceed 40 feet.
25.4 
Area regulations:
A. 
Size of lot:
1. 
Minimum lot area:
Two acres.
2. 
Minimum lot width:
Two hundred feet.
3. 
Minimum lot depth:
Three hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Fifty feet.
2. 
Minimum side yard:
Thirty feet adjacent to a street or residential zoning.
3. 
Interior side yards:
When nonresidential uses are constructed adjacent to other nonresidential uses, no side yard is required provided:
a. 
Both property owners agree to adjoining buildings;
b. 
Adequate fire lanes and circulation is provided on-site; and
c. 
Appropriate building codes can be met.
4. 
Minimum rear yard:
Thirty feet.
C. 
Maximum lot coverage:
Thirty-five percent by main and accessory structures.
D. 
Minimum building size:
Ten thousand square feet.
E. 
Parking regulations:
1. 
As required by section 31, off-street parking and loading requirements.
25.5 
Other regulations:
A. 
Open storage is prohibited.
B. 
No permanent use of temporary dwellings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
C. 
All mechanical, heating and air conditioning equipment shall be screened from public streets.
D. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 26 "C" commercial district.

26.1 
General purpose and description:
The "C", commercial district is intended predominantly for certain retail, and light intensity wholesale and commercial uses of a service nature which typically have operating characteristics or traffic service requirements generally incompatible with typical office, other retail, shopping, and residential environments. Operating characteristics which may be typical of uses permitted in the "C" district include carwashes, pawnshops, wholesale products, major automobile repair shops, welding shops, funeral homes, and commercial amusement type uses.
26.2 
Permitted uses:
1. 
Those uses specified in section 29 (Use Charts).
2. 
Such uses as may be permitted under provisions of conditional use permits, section 12.
26.3 
Height regulations:
A. 
Maximum height:
Two stories not to exceed 40 feet.
26.4 
Area regulations:
A. 
Size of lot:
1. 
Minimum lot area:
Ten thousand square feet.
2. 
Minimum lot width:
Sixty feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Fifteen feet; 25 feet adjacent to a street.
3. 
Minimum rear yard:
Twenty feet; 30 feet if adjacent to single-family uses or zoning district.
C. 
Maximum lot coverage:
Fifty percent by main and accessory structures.
D. 
Parking regulations:
As established by section 31, off-street parking and loading requirements.
26.5 
Other regulations:
A. 
All commercial zoning districts shall have frontage on F.M. 407 or Interstate 35E.
B. 
No permanent use of temporary buildings.
C. 
All mechanical, heating and air conditioning equipment shall be screened from public view and adjacent residential uses or zoning districts.
D. 
As established in the development standards, sections 30 through 38.
(Ordinance 2018-1254 adopted 11/13/18)

§ 27 LI, light industrial district.

27.1 
General purpose and description:
The LI, light industrial district is intended primarily for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses do require accessibility to major highways, such as F.M. 407 and Interstate 35E, rail lines or other means of transportation.
27.2 
Permitted uses:
A. 
The following uses are permitted in the "LI" district, provided that such manufacturing or industrial operation shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located and which produces no noise exceeding the average intensity of noise of street traffic at that point and provided that such use does not create fire hazards on surrounding property.
1. 
Those uses specified in section 29 (Use Charts).
2. 
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that no dust, odor, gas, smoke or noise is emitted and not more than 20 percent of the lot or tract is used for the open storage of products, materials, or equipment.
3. 
A "high risk or hazardous industrial use" is permitted by conditional use permit only. In this section, "high risk or hazardous industrial use" means any industrial use whose operation, in the opinion of the fire chief, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, hazardous chemicals, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of.
4. 
Such uses as may be permitted under provisions of conditional use permits, section 12.
27.3 
Height regulations:
A. 
Maximum height:
Two stories; not to exceed 40 feet.
27.4 
Area regulations:
A. 
Size of lot:
1. 
Minimum lot area:
Seven thousand square feet.
2. 
Minimum lot width:
Sixty feet.
3. 
Minimum lot depth:
One hundred feet.
B. 
Size of yards:
1. 
Minimum front yard:
Twenty-five feet.
2. 
Minimum side yard:
Fifteen feet; 25 feet on a corner lot.
3. 
Minimum rear yard:
Twenty feet; 40 feet if adjacent to single-family uses or zoning district.
4. 
Additional setback:
For structures requiring railroad access, setback requirements from the centerline of the railroad right-of-way shall be in accordance with applicable state law. Other setbacks may be required under certain circumstances as stated in the building code.
C. 
Maximum lot coverage:
Sixty-five percent by main and accessory structures.
D. 
Parking regulations:
As established by section 31, off-street parking and loading requirements.
27.5 
Other regulations:
A. 
All light industrial zoning districts shall have frontage on F.M. 407 or Interstate 35E.
B. 
No permanent use of temporary dwellings, such as travel trailers or mobile homes, may be used for on-site dwelling purposes.
C. 
All mechanical, heating and air conditioning equipment shall be screened from public view and adjacent residential uses or zoning districts.
D. 
As established in the development standards, sections 30 through 38.
27.6 
Compliance with state law and federal laws:
No uses shall be allowed which are prohibited by state law or which operate in excess of state or national environmental or pollution standards as determined by the U.S. Environmental Protection Agency, Texas State Department of Health, or the Texas Natural Resource Conservation Commission, as the case may be.
(Ordinance 2018-1254 adopted 11/13/18)

§ 28 PD, planned development district.

28.1 
General description and purpose:
The planned development (PD) district is either an overlay district in which specialty tailored regulations combine with the regulations of the underlying (base) zoning district to accommodate proposed residential uses and/or nonresidential uses, or a freestanding district authorizing only a limited range of unique uses in Highland Village such as single-family attached dwellings or patio homes, which uses are to be developed and/or operated as integral land use units either by a single owner or a combination of owners. The purposes of the PD district are to promote high quality residential and/or nonresidential uses development and to authorize establishment of certain uses not otherwise permitted in order to serve the unique needs of the community. The PD district allows flexibility of uses and development standards, but requires an integral development plan.
28.2 
Permitted uses:
A. 
Overlay district:
Where a PD district is established as an overlay district, the permitted uses shall be those uses authorized as a permitted use in the underlying residential or nonresidential (base) zoning district unless amended as allowed in section 28.4.
B. 
Freestanding district:
Where a PD, district is established as a freestanding district for single- family attached dwellings or patio homes, the following uses shall be permitted:
1. 
Single-family attached homes or town homes allowing for the development of attached zero lot line units on individually platted lots.
a. 
Height regulations:
(1) 
Maximum height:
Two and one-half stories for the main structures, one story for accessory buildings.
b. 
Area regulations:
(1) 
Minimum front yard:
Twenty feet.
(2) 
Minimum rear yard:
Twenty feet.
(3) 
Side yard regulations:
(a) 
Single-family attached dwellings need not have a side yard except that a minimum 15-foot side yard is required [for a] side yard adjacent to a street. The ends of any two adjacent building complexes or row of buildings shall be at least 20 feet apart. The required side yards shall be designated upon a plat approved by the city council.
(b) 
A complex of attached single-family dwellings shall have a minimum length of three dwelling units and shall not exceed 150 feet in length or the width of six attached units.
(4) 
Size of lots:
(a) 
Minimum lot area:
Two thousand seven hundred square feet.
(b) 
Minimum lot width:
Twenty-five feet.
(c) 
Minimum lot depth:
Ninety feet.
(d) 
Maximum lot coverage:
Eighty-five percent total, including main and accessory buildings.
(e) 
Minimum dwelling unit size:
One thousand two hundred square feet per unit.
(5) 
Parking regulations:
(a) 
Two enclosed spaces on the same lot as the main structure (see section 30 [31.2], additional requirements).
(b) 
In addition to (1) [(a)] above, parking shall be required for any recreational uses, clubhouse, sales offices and visitors. Designated visitor parking spaces shall be provided in common areas at a ratio of one guest/visitor space per four units.
(6) 
Open space requirement:
All single-family attached developments shall provide usable open space at the same ratio as specified in section 21(L) [21.6(L)].
2. 
Patio homes, subject to the following standards:
a. 
General purpose and description:
Patio homes allow for development of detached "zero lot line" homes in a modified residential district which encourages greater use of the side yard areas. Clustered lot patterns with a common usable open space system can be incorporated as an integral part of the development.
b. 
Height regulations:
(1) 
Maximum height:
Two and one-half stories for the main structure; one story for accessory buildings.
c. 
Area regulations:
(1) 
Minimum front yard:
Twenty-five feet.
(2) 
Minimum rear yard:
Twelve feet; 20 feet for structure accommodating required off-street parking if provided access from a dedicated or private alley.
(3) 
Side yard regulations:
(a) 
Side yard setback:
Side setbacks are one foot minimum on one side and nine feet on the opposite side. The dwelling shall be no closer than ten feet between the face of exterior walls of neighboring dwelling units.
(b) 
No roof overhang, gutter or extension from a wall will be allowed to extend into a neighboring property.
(c) 
The closest exterior roof line to an adjacent property shall be storm guttered if the general slope of the roof falls toward the neighboring property.
(d) 
Each adjacent lot shall provide an access or use easement, a minimum of three feet, adjacent to the "zero" (one-foot) side or there must be a three-foot setback from the adjacent "zero" side to allow the property owner access for maintenance of his dwelling.
(e) 
The majority of one side of the structure shall be located within five feet of one side lot line. The building wall which faces the "zero" side of the lot shall not have any doors, windows, ducts, grills, vents, or other openings.
(f) 
Minimum side yard setback adjacent to street right-of-way:
Fifteen feet.
(4) 
Size of lots:
(a) 
Minimum lot area:
Five thousand square feet.
(b) 
Minimum lot width:
Fifty feet.
(c) 
Minimum lot depth:
Ninety feet.
(5) 
Maximum lot coverage:
Fifty percent total, including main and accessory buildings.
(6) 
Minimum area of dwelling unit:
Each unit shall have a minimum floor area of 1,200 square feet.
d. 
Parking regulations:
(1) 
Two enclosed spaces on the same lot as the main structure (see section 31.2, off-street parking and loading requirements).
28.3 
Conditional uses:
A. 
Conditional uses may be permitted in a PD only for those uses specified in section 29 (Use Charts).
28.4 
Planned development district standards:
A. 
Overlay district:
Where a PD district is established as an overlay district, uses shall conform to the standards and regulations of the underlying zoning district. Deviations from underlying district regulations may be authorized by the city council in establishing the district. The PD district shall conform to all other requirements of this ordinance, unless specifically excluded in the adopting ordinance.
B. 
Freestanding district:
Where a PD district is established as a freestanding district for single-family attached dwellings or patio homes, uses shall conform to the standards and regulations contained in section 28.2(B).
C. 
Minimum acreage:
The minimum area for creation of a PD district shall be two (2) acres.
28.5 
Approval procedure–Establishment of district:
A. 
Zoning amendment:
The city council of the City of Highland Village, Texas, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission in accordance with the procedures in section 10, may authorize the creation of a planned development district. An application for establishment of a PD district shall be considered an application for a zoning amendment.
B. 
Concept plan:
An application for establishment of a PD district shall be accompanied by a concept plan which shall be processed simultaneously with the zoning amendment application. If the zoning amendment application is approved, the concept plan shall be incorporated within such amendment.
C. 
Submittal requirements for concept plan:
The concept plan shall contain the following information:
1. 
Name and address of landowner and date of preparation of the plan;
2. 
Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons involved in the preparation of the plan;
3. 
Site boundaries and dimensions, site acreage, and approximate distance to the nearest existing cross street;
4. 
Location map, north arrow and title block;
5. 
Topography at ten-foot intervals or less;
6. 
Natural features including major tree masses, floodplains and drainageways;
7. 
Proposed and existing land use and zoning classifications (including the proposed base districts) on-site and on adjacent properties, parking areas, building locations and proposed landscape areas shall be shown for nonresidential PDs;
8. 
Existing and proposed public streets and private drives (60 feet in width or greater) showing right-of-way width, proposed dedications and reservations of land for public or common use, such as: major easements, park land, open space, drainageways, floodplains, and facility sites;
9. 
Major (over ten inches in diameter) existing and proposed utilities and easements shown on the concept plan or written description of how public utilities will be provided;
10. 
If the project is to be developed in phases, a proposed phasing plan that identifies the sequence of development and a time schedule for installation of major capital improvements to serve the development;
11. 
Any proposed buffers from existing uses;
12. 
A chart depicting the following information by phase:
(a) 
Acreage of each proposed phase;
(b) 
Total number of dwelling units by type and lot size (if applicable);
(c) 
Dwelling unit sizes (if applicable); and
(d) 
Nonresidential building square footage (if applicable).
13. 
A general description of any homeowners' or owners' association requirements and covenants to be imposed on the property.
14. 
A written description of all requested deviations from the base district and other special development standards.
D. 
Approval criteria for PD district:
Based upon the concept plan, the planning and zoning commission and city council shall determine whether the PD district should be established, taking into account the following criteria:
1. 
The plan of development is consistent with the future land use objectives policies and map in the adopted comprehensive plan;
2. 
Proposed uses and project design are compatible with existing and planned adjoining uses and the character of the neighborhood in which the project is located;
3. 
Adequate public facilities required to be installed by the developer will be provided in a timely manner to support each phase of the development;
4. 
Proposed uses and development standards are consistent with the purposes of the base zoning district, where applicable; and
5. 
The proposed phasing of development is consistent with the overall growth and development of the city.
E. 
Conditions:
The planning and zoning commission may recommend such conditions and the city council may impose such conditions on establishment of the district as are reasonably necessary to assure that the approval criteria are met. Such conditions shall be stated in the adopting ordinance as standards applicable to the project development.
F. 
Planning and zoning commission recommendation:
The planning and zoning commission, after notice and public hearing in accordance with the procedures in section 10 of these zoning regulations, shall formulate its recommendation with respect to establishment of the district, including any conditions to be applied. The recommendation of the commission shall be forwarded to the city council for final decision.
G. 
City council decision:
Following receipt of the planning and zoning commission's recommendation, the city council shall conduct a public hearing in accordance with the procedures in section 10 of these zoning regulations and, shall approve, approve with conditions, or deny the application for establishment of the PD district.
H. 
Adopting ordinance:
The ordinance establishing a PD district shall set forth the following provisions. The concept plan shall be incorporated as an exhibit to the ordinance.
1. 
The base zoning district(s) to be overlaid, where applicable;
2. 
A statement as to the purpose and intent of the PD established therein;
3. 
The permitted or conditional uses authorized in the district, the location of such uses, and residential densities associated with phases of the project, in conformance with the approved concept plan;
4. 
The standards applicable to development within the district, including but not limited to: uses, density, lot area, lot width, building lines, lot depth, yard depths and widths, building height and size, typical building elevations, coverage, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, homeowners' associations and covenants, and such other requirements as the city council and planning and zoning commission may deem necessary in order to implement the city's comprehensive plan, and such as are consistent with the purposes of the PD district and the underlying district; and
5. 
A specific list of deviations from standards in the base zoning district, where applicable;
6. 
Proposed dedication of public improvements in relation to the phasing of development.
I. 
Zoning map:
All PD districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be designated on the zoning district map, and a list of such PD districts, together with the adopting ordinances, shall be maintained as part of the zoning ordinance.
J. 
Amendment of concept plan:
Any amendment to an approved concept plan that has been incorporated into a PD zoning district shall be processed as an amendment of the ordinance establishing the PD zoning district, pursuant to procedures for amending the zoning ordinance in section 10; provided, however, that the number of residential lots or building size [sites] depicted on a development plan for a particular phase may be varied by not more than 15 percent and the time for submission of a plat for the phase may be varied by not longer than three months from that designated in the concept plan without the necessity to amend the concept plan or the ordinance establishing the PD zoning district, as long as such change does not result in a change in other standards and restrictions set forth in the adopting ordinance. In the event that an applicant seeks to vary the number of lots the building size(s) or the time for submission of a plat more than such limits, and such change does not result in a change in other standards and restrictions set forth in the adopting ordinance, the request to amend the concept plan and the ordinance establishing the PD district shall be evaluated primarily on the basis of subsections 28.5.D(3) and (5). Minor amendments to a development shall not require amendment of the concept plan or the ordinance establishing the PD district.
28.6 
Approval procedure - development plan:
A. 
Applicability:
1. 
The purposes of a development plan are to assure that the development project proceeds in orderly fashion consistent with the approved concept plan and to assure that the standards applicable within the district are met for each phase of the project.
2. 
No permits for development in a planned development district shall be approved until a development plan consistent with the approved concept plan has been authorized under the following procedures. The proposed development plan shall set forth the final plans for development within the PD district.
3. 
The developer may submit a development plan simultaneous with submission of a concept plan in conjunction with an application for establishment of the PD district. In such a case, approval of the development plan shall follow the authorization to establish the PD district in accordance with the procedures in this section.
4. 
Development plans may be submitted in phases in accordance with the provisions of the adopting ordinance.
5. 
A public hearing is required by the planning and zoning commission and city council for consideration of a development plan. If the development plan is submitted simultaneously with the concept plan, both can be considered at the same public hearing.
6. 
A subdivision plat shall not qualify as a development plan. The applicant may use drawings or plans submitted to satisfy preliminary platting requirements in accordance with the subdivision regulations as the basis for a development plan, provided that such drawings or plans clearly are identified as a development plan rather than a subdivision plat and meet the submittal requirements of subsection 13 [subsection B.].
B. 
Submittal requirements for development plan:
The application for the development plan shall include the following information. The city manager, on advice of the designated administrative official in charge of reviewing zoning change requests, may waive submittal requirements where the information is not necessary under the circumstances to apprise the planning and zoning commission and the city council of the nature of the development and whether the development meets relevant approval criteria. The commission or the city council may require modification of the development plan to address specific criteria.
1. 
Name and address of landowner and date of preparation of the plan;
2. 
Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons involved in the preparation of the plan;
3. 
Site boundaries and dimensions, lot lines, site acreage or square footage, and distance to the nearest cross streets;
4. 
Location map, north arrow, title block and site data summary table;
5. 
Topography at five-foot intervals or less;
6. 
Natural features including tree masses and anticipated tree loss, drainageways, creeks, and limits of the 100-year floodplain and floodway as shown on current FEMA mapping, including location and acreage;
7. 
Proposed and existing land use and zoning classifications on-site and on adjacent properties;
8. 
If standards or deviations approved with the concept plan are different from the base zoning district, such as lot sizes, building setbacks and similar requirements, which are not uniformly applied to the development depicted in the plan, such standards and deviations shall be illustrated on the development plan.
9. 
Public streets, private drives, alleys and fire lanes with pavement widths, right-of-way, buffers;
10. 
If applicable, parking areas and structures, aisles and spaces, handicap spaces, ramps, crosswalks, and loading areas with typical dimensions and surface types;
11. 
If applicable, trash dumpster locations, signs, screening walls, fences, living screens, retaining walls, headlight screens and service area screens;
12. 
Landscaping and open space areas with dimensions and total square footage;
13. 
Phases of development, including delineation of areas, building sites and square footage(s) (where applicable), land use and improvements to be constructed in independent phases and the scheduled timing and sequencing of development; and
14. 
If applicable, proposed buffers from existing uses; and
15. 
A landscape plan is required in accordance with section 32, and may be shown on the development plan.
C. 
Approval standards:
In addition to any specific standards imposed in the underlying zoning district for an overlay PD, or in addition to the standards contained in section 28.2 for a freestanding PD, the city council, after review by the planning and zoning commission, shall determine whether the development plan meets the following general standards:
1. 
The development plan is consistent with the approved concept plan and the standards and conditions set forth in the adopting ordinance. Changes of minor details which differ from the approved concept plan but do not alter the basic relationship or intent may be authorized by the planning and zoning commission and city council;
2. 
The lot or tract configuration, building configuration(s) and interior vehicular traffic circulation pattern is consistent with subdivision regulations;
3. 
The development plan provides for roads and other public facilities serving the development by phase that are consistent with subdivision regulations;
4. 
The project is adequately buffered from adjoining uses in accordance with the adopting ordinance;
5. 
Provision for and design of open space areas in accordance with approved parks and open space master plan or other applicable ordinances meet the recreational needs of the residents of the district;
6. 
Landscaping plans, where required, meet ordinance requirements or standards set forth in the adopting ordinance;
7. 
Homeowners' associations and covenants adequate to assure preservation and maintenance of private open space of the project have been provided; and
8. 
The development plan is consistent with phasing requirements set forth in the adopting ordinance, and capital facilities serving the phase of development under consideration are adequate to serve the project.
D. 
Conditions:
The planning and zoning commission or the city council may impose such conditions on approval of the development plan as are reasonably necessary to assure that the plan is consistent with the standards set forth in the adopting ordinance, the standards set forth in the underlying zoning district for an overlay PD, or the standards contained in section 28.2 for a freestanding PD, and the approval standards set forth in subsection C of this section.
E. 
Recommendation by the planning and zoning commission:
The planning and zoning commission, after proper notice and a public hearing pursuant to section 10.5 of these zoning regulations, shall recommend approval, modification, or denial of the development plan.
F. 
Decision by the city council:
The city council, upon receipt of the recommendation of the planning and zoning commission, and after notice and public hearing in accordance with section 10.8 of these zoning regulations, shall approve, approve with conditions, or deny the application for the development plan.
28.7 
Continuation of PD district ordinances:
In the event that the city council determines to continue in effect PD district ordinances which were approved prior to the effective date of these amended zoning regulations, development within such districts shall be governed by the standards incorporated with the adopting ordinances; provided, however, that nonconflicting standards and procedures for approval, amendment and lapse of development plans, and procedures for amending PD districts, set forth in these amended regulations shall be applied to new development within such districts. Development existing within such continued PD districts as of the effective date of these amended zoning regulations shall be deemed conforming uses, and standards applicable to such uses shall also be considered conforming.
28.8 
Miscellaneous provisions:
A. 
Lapse of development approval:
1. 
Failure to submit development plan:
A development plan shall be submitted for approval within one year from establishment of the PD district. If a development plan for all or a portion of the project is not submitted within such period, the city manager, the planning and zoning commission or city council may institute proceedings to determine whether the land should be rezoned, in accordance with procedures set forth in section 10.
2. 
Failure to submit subsequent development plan:
If the project is to be developed in phases, a subsequent development plan shall be submitted within two years from final approval of the development plan for each preceding phase. If a subsequent development plan is not submitted within such period, the city manager, the planning and zoning commission or city council may institute proceedings in order to determine what actions should be taken to insure the continuing validity of the district. Thereafter, the planning and zoning commission shall deliver its report to the city council, who shall conduct a public hearing on such recommendation and shall determine what action is to be taken with respect to the PD district and prior approved development plans.
3. 
Lapse of development plan:
If a final plat has not been submitted within one year from the date of final approval of a development plan, the development plan shall lapse and no subsequent development plan shall be submitted until the planning and zoning commission delivers its report to the city council recommending what actions should be taken concerning the PD district and the council acts following receipt of such recommendation. The property owner, however, may submit a request for extension of the development plan at least 60 days prior to expiration of the such plan, setting forth the reasons why an extension should be granted. The planning and zoning commission thereafter shall schedule a public hearing to consider such request and shall determine whether to extend the development plan, subject to approval of the city council. In no case shall the development plan be extended for a period in excess of two years.
B. 
Amendment of development plans:
The property owner may propose amendment of an approved development plan prior to the time such plan lapses under subsection A of this section. Minor amendments to a development plan may be authorized by the city manager or designated administrative official. Minor amendments are those changes of detail which do not substantially conflict with development as authorized in the concept; which do not materially alter the basic relationship of the proposed development to adjacent property; which do not materially alter the uses permitted or change the number of residential lots by more than five percent; which do not materially decrease open space requirements; and which do not materially alter special conditions attached by the planning and zoning commission or city council to the approved concept plan or development plan. Any applicant may appeal the decision of the city manager or designated administrative official to the commission for review and decision as to whether an amendment to the development plan shall be required. Applications for amendments other than minor amendments shall be filed with the planning and zoning commission and shall be processed in accordance with the standards and procedures for approval of the development plan. Amendments other than minor amendments may necessitate amendment of the concept plan.
C. 
Amendment of PD district:
The property owner may propose amendment of the PD district regulations or the accompanying concept plan. The request shall be processed as a zoning amendment in accordance with the procedures of section 10 of these zoning regulations.
(Ordinance 2018-1254 adopted 11/13/18)