Joshua City Zoning Code
ARTICLE 6
Zoning Districts
§ 6.1 Zoning Districts Established.
The City of Joshua, Texas shall be divided into classes of residential, office, commercial, industrial and special zoning districts as presented in this Ordinance. The location and boundaries of the zoning districts established by this ordinance are as indicated on the map entitled “Official Zoning Map of the City of Joshua, Texas,” as approved by the City Council as part of this ordinance and filed in the office of the Zoning Administrator.
Abbreviated Designation | Zoning District Name |
|---|---|
A | Agricultural District |
R-1L | Single-Family Residential - Large Lots |
R-1 | Single-Family Residential |
R-2 | Moderate Density Residential |
R-3 | Multiple-Family Residential - Low Density |
R-4 | Multiple-Family Residential - High Density |
MH | HUD-Code Manufactured Home District |
C-1 | Restricted Commercial |
C-2 | General Commercial |
I | Industrial |
PD | Planned Development |
H | Heritage Overlay District |
JSOD | Joshua Station Overlay District |
(Ordinance 782-2020 adopted 6/18/20)
§ 6.2 Zoning District Map.
A.
The boundaries of the zoning districts established in Section. 6.1 are delineated upon the official Zoning District Map of the City. The Zoning District Map is hereby adopted by reference and declared a part of this Ordinance as fully as if set forth in detail.
B.
The official Zoning District Map is available on the City’s website. The Zoning Administrator must post all amendments to the map as soon as possible after the effective date of the Zoning District Map amendment.
C.
Reproductions for information purposes may, from time to time, be made of the official Zoning District Map.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.3 Zoning District Boundaries.
The district boundary lines shown on the Zoning District Map are usually along existing and proposed streets, alleys or property lines. Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules apply.
A.
Boundaries indicated as approximately following the centerlines of streets, highways or alleys are construed to follow such centerlines.
B.
Boundaries indicated as approximately following platted lot lines are construed as following such lot lines.
C.
Boundaries indicated as approximately following City limits are construed as following City limits.
D.
Boundaries indicated as following railroad lines are construed to follow the centerline of the tracks. If no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.
F.
Whenever the City Council vacates a street, alley or other public street right-of-way or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way is automatically extended to the centerline of such vacated public street right-of-way and all areas so involved become subject to all regulations of the extended districts.
G.
Where physical features on the ground vary from information shown on the official Zoning District Map or when there arises a question as to how or whether a parcel of property is zoned and the application of this Section cannot resolve such question the property must be considered as classified A - Agricultural zoning district, temporarily in the same manner as provided for newly annexed territory and the issuance of a Building Permit and the determination of permanent zoning must be in accordance with the provisions provided in Section 6.4.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.4 Zoning Annexed Territory.
A.
All territory annexed to the City shall be classified as A Agricultural zoning district. The concurrent procedure for establishing zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations in Section 3.1.
B.
The City Council or petitioners for annexation may request alternative zoning classifications in an area being considered for annexation. The City Council and Planning and Zoning Commission may hold public hearings on annexation and zoning simultaneously, and the City Council may approve the zoning of a newly annexed area at the time of annexation.
C.
In an area classified as A Agricultural zoning district:
1.
No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure, or add to any building or structure, or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy.
2.
No permit for construction of a building or use of land shall be issued by City other than a permit which will allow the construction of a building permitted in the A Agricultural zoning district.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.5 Interpretation of District Regulations.
A.
Permitted uses and Conditionally Permitted Uses are listed for the various zoning districts governed by this Ordinance. Any use not specifically permitted in a specified district or districts as a use by right or a Conditional Permitted Use shall be prohibited.
B.
No structure shall hereafter be built or moved, and no structure or land shall hereafter be occupied, except for a use that is permitted as a use by right or a Conditional Use Permit as regulated by the provisions for such use and the applicable district requirements of this Ordinance.
C.
No use of a structure or land that is designated as a Conditionally Permitted Use in any district shall be established or hereafter changed to another use designated as a conditional use, unless a Conditional Use Permit has been secured from the City Council.
D.
No fence, wall, accessory use or structure or home-based business shall be hereafter established, altered or enlarged unless in accordance with the provisions of Article 3.05 Fences of the Joshua Code of Ordinances.
E.
Within each zoning district there are additional regulations referenced that are directly applicable to uses permitted in the district.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.6 A Agricultural - District.
6.6.1
GENERAL PURPOSE & DESCRIPTION.
The A Agricultural District facilitates the use of land according to the transition of residential edges as described in the Comprehensive Land Use Plan. This district promotes a single main dwelling unit on a lot of two acres or more. It is appropriately used for agricultural purposes but is expected to become an urban land area in the future. Therefore, the agricultural activities conducted in the A Agricultural District should not be detrimental to urban land uses and intensity of use permitted in this district is intended to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.
6.6.2
AREA REGULATIONS.
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6.6.3
6.6.5
LANDSCAPING REQUIREMENTS.
A.
Single-Family Residential lots shall have a minimum of one (1) tree in the front-yard setback. Such trees shall be a minimum of three (3) inches in caliper. Trees shall not be planted in public rights-of-way and shall be planted between the property line and the single-family residential structure. Property owners are encouraged to plant trees outside of utility easements.
B.
Additional landscaping regulations may be found in Article 8 - Landscape, Open Space and Tree Preservation.
6.6.6
DESIGN STANDARDS.
Residential structures shall be in compliance with the design standards of Article 9.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.7 R-1L - Single-Family Residential District.
6.7.1
GENERAL PURPOSE & DESCRIPTION.
The R-1L Single-Family Residential district is established to allow for larger lots with one (1) family dwelling structure per lot. In accordance with the Comprehensive Land Use Plan this district is intended to provide for residential lands to accommodate more rural settings and accessory yard uses, and is compatible with the Neighborhood Concept for urban areas.
6.7.2
6.7.4
LANDSCAPING REQUIREMENTS.
A.
Single-Family Residential lots shall contain have a minimum of one tree in the front-yard setback. Such trees shall be a minimum of three (3) inches in caliper Trees shall not be planted in public rights-of-way and shall be planted between the property line and the single-family residential structure. Property owners are encouraged to plant trees outside of utility easements.
B.
Additional landscaping regulations may be found in Article 8 - Landscape, Open Space and Tree Preservation.
6.7.5
DESIGN STANDARDS.
Structures shall be in compliance with the design standards of Article 9.
6.7.6
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
All regulations for accessory building or accessory structures shall be in compliance with Section 5.5 Accessory Building Regulations.
6.7.7
OUTDOOR LIGHTING REQUIREMENTS.
Outdoor lighting shall comply with the regulations required by Article 10 Outdoor Lighting Requirements.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.8 R-1 - Single-Family Residential District.
6.8.1
GENERAL PURPOSE & DESCRIPTION.
This district is the predominant single-family housing district in the City. Unless otherwise specified or requested, all single-family residentially suited areas presently undeveloped, should be zoned in this district. The single-family residential land use shown in the Neighborhood Concept, as presented in the Comprehensive Plan, is appropriately located and developed according to the parameters of this district. Existing neighborhoods should be protected and future neighborhoods should have appropriate transitions from the R-1 district to commercial development as to protect residences and property values.
6.8.2
6.8.4
LANDSCAPING REQUIREMENTS.
A.
Single-Family Residential lots shall have a minimum of one (1) tree in the front-yard setback. Such trees shall be a minimum of three (3) inches in caliper. Trees shall be a minimum of three (3) inch caliper at planting. Trees shall not be planted in public rights-of-way and shall be planted between the property line and the single-family residential structure. Property owners are encouraged to plant trees outside of utility easements.
B.
Additional landscaping regulations may be found in Article 8 - Landscape, Open Space and Tree Preservation.
6.8.5
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
All regulations for accessory building or accessory structures shall be in compliance with Section 5.5 Accessory Building Regulations.
6.8.6
DESIGN STANDARDS.
All structures shall be in compliance with the design standards of Article 9.
6.8.7
OUTDOOR LIGHTING REQUIREMENTS.
Outdoor lighting shall comply with the regulations required by Article 10 Outdoor Lighting Requirements.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.9 R-2 - Moderate Density Residential District.
6.9.1
GENERAL PURPOSE & DESCRIPTION.
The R-2 Medium Density residential district is established to provide flexibility for residential density without providing for high density multifamily residential units. The product of this district may be two-family attached units on a single lot, two-family attached units on separate lots, and/or zero lot single-family detached units on separate lots, which permits townhomes and patio home developments. As presented in the Comprehensive Land Use Plan, the R-2 district may be suitable as a buffer zone between single-family and higher intensity uses.
6.9.2
6.9.3
6.9.4
ZERO LOT LINE AREA REGULATIONS.
H.
Maximum Lot Coverage -
None.
I.
Minimum Dwelling Unit Area -
1,000 square feet per unit
J.
Maximum Height -
35 feet.
K.
Zero Lot Line Designation -
At the time of platting of any zero lot line product, in the Single-Family Attached Option and the Zero Lot Line Option, the property line having the zero lot line shall be designated on the plat.
 |
6.9.5
6.9.6
PARKING REQUIREMENTS.
Non-residential uses shall provide parking as per Article 7 - Parking Requirements.
6.9.7
LANDSCAPING REQUIREMENTS.
Additional landscaping regulations may be found in Article 8 - Landscape, Open Space and Tree Preservation.
6.9.8
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
All regulations for accessory building or accessory structures shall be in compliance with Section 5.5 Accessory Building Regulations.
6.9.9
DESIGN STANDARDS.
All structures shall be in compliance with the design standards of Article 9.
6.9.10
OUTDOOR LIGHTING REQUIREMENTS.
Outdoor lighting shall comply with the regulations required by Article 10 Outdoor Lighting Requirements.
6.9.11
R-2 - MODERATE DENSITY RESIDENTIAL PERMITTED USES.
In the R-2 Moderate Density Residential District, no building or land shall be used, and no building shall be constructed, reconstructed, altered or enlarged, unless otherwise permitted in accordance with Section 5.1 Use of Land and Buildings.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.10 R-3 -Multifamily Residential District.
6.10.1
GENERAL PURPOSE & DESCRIPTION.
The R-3 Multifamily Residential District is established to meet the needs for higher density residential development that does not exceed sixteen units per acre. These developments are in concert with area aesthetics, are environmentally sound, compatible with the neighborhood, and promote the character of the community. This district also permits townhome developments and may be used as transitional land uses in accordance with the Neighborhood Concept Plan, as indicated in the Comprehensive Land Use Plan. In addition, the developments located within this district may be incorporated into a new urbanist style to depart from the Euclidian style of zoning as discussed in the Comprehensive Land Use Plan.
6.10.3
DEVELOPMENT STANDARDS FOR TOWNHOMES.
Townhomes developed in the R-3 districts shall comply with the development standards established for Townhomes in the R-2 Moderate Density district.
6.10.4
PARKING REQUIREMENTS.
Off-street parking and loading requirements shall conform to the provisions of Article 7 Parking Requirements. In addition, all Multifamily Developments shall meet the following garage requirements for the entire site:
A.
One hundred (100) percent of total units shall have at least one (1) covered parking space.
B.
Areas dedicated for parking of boats, trailers, and RV’s shall be separated from vehicle parking and shall be located in a designated area which is screened from the street and adjacent residential property by screening devices approved by the Administrative Official.
6.10.5
LANDSCAPING REQUIREMENTS.
Landscaping requirements shall comply with the provisions in Article 8 Landscaping Requirements.
6.10.6
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
All regulations for accessory building or accessory structures shall be in compliance with Section 5.5 Accessory Building Regulations.
6.10.7
SITE PLAN REQUIRED.
Unless otherwise provided for herein, a site plan shall be submitted for review and approval by the City Manager or his/her designee, in accordance with Section 3.3 of this Ordinance.
6.10.8
REFUSE FACILITIES.
A.
Every dwelling unit in a multifamily complex shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way.
B.
There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided.
C.
Each refuse facility shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height or by an enclosure within a building.
D.
Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations.
E.
Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
6.10.9
SCREENING AND BUFFER REQUIREMENTS.
Screening and buffer requirements shall comply with the provisions in Section 8.16., Screening and Buffer Requirements.
6.10.10
MASONRY EXTERIOR GUIDELINES.
All structures shall be in compliance with the design standards of Article 9.
6.10.11
GATED ENTRANCES.
All multifamily development shall be gated with private drives. Landscaping and entrance features shall be provided in addition to security mechanisms that may or may not include manned facilities. All gated entries shall be approved for access by the Fire Marshal of the City of Joshua.
6.10.12
POINTS OF ENTRY AND EXIT OF LIVING UNITS.
Each unit in any multi-story design, regardless of density, shall be provided with one (1) outside point of entry and exit, with each providing separate access to places of safety in the event of fire and/or other emergency.
6.10.13
OUTDOOR LIGHTING REQUIREMENTS.
Outdoor lighting shall comply with the regulations required by Article 10 Outdoor Lighting Requirements.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.11 R-4 -Multifamily Residential District.
6.11.1
GENERAL PURPOSE & DESCRIPTION.
The R-3 Multifamily Residential District is established to meet the needs for higher density residential development that does not exceed twenty (20) units per acre. These developments are in concert with area aesthetics, are environmentally sound, compatible with the neighborhood, and promote the character of the community. This district also permits townhome developments and may be used as transitional land uses in accordance with the Neighborhood Concept Plan, as indicated in the Comprehensive Land Use Plan.
6.11.3
DEVELOPMENT STANDARDS FOR TOWNHOMES.
Townhomes developed in the R-4 districts shall comply with the development standards established for Townhomes in the R-2 Moderate Density district.
6.11.4
PARKING REQUIREMENTS.
Off-street parking and loading requirements shall conform to the provisions of Article 7 Parking Requirements. In addition, all Multifamily Developments shall meet the following garage requirements for the entire site:
A.
One hundred (100) percent of total units shall have at least one (1) covered parking space.
B.
Areas dedicated for parking of boats, trailers, and RV’s shall be separated from vehicle parking and shall be located in a designated area which is screened from the street and adjacent residential property by screening devices approved by the Administrative Official.
6.11.5
LANDSCAPING REQUIREMENTS.
Landscaping requirements shall comply with the provisions in Article 8, Landscaping Requirements.
6.11.6
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
All regulations for accessory building or accessory structures shall be in compliance with Section 5.6 Accessory Building Regulations.
6.11.7
SITE PLAN REQUIRED.
Unless otherwise provided for herein, a site plan shall be submitted for review and approval by the City Manager or his/her designee, in accordance with Section 3.3 of this Ordinance.
6.11.8
REFUSE FACILITIES.
A.
Every dwelling unit in a multifamily complex shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way.
B.
There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided.
C.
Each refuse facility shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height or by an enclosure within a building.
D.
Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations.
E.
Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
6.11.9
SCREENING AND BUFFER REQUIREMENTS.
Screening and buffer requirements shall comply with the provisions in Section 8.16 Screening and Buffer Requirements.
6.11.10
MASONRY EXTERIOR GUIDELINES.
All structures shall be in compliance with the design standards of Article 9.
6.11.11
GATED ENTRANCES.
All multifamily development shall be gated with private drives. Landscaping and entrance features shall be provided in addition to security mechanisms that may or may not include manned facilities. All gated entries shall be approved for access by the Fire Marshal of the City of Joshua.
6.11.12
POINTS OF ENTRY AND EXIT OF LIVING UNITS.
Each unit in any multi-story design, regardless of density, shall be provided with one (1) outside point of entry and exit, with each providing separate access to places of safety in the event of fire and/or other emergency.
6.11.13
OUTDOOR LIGHTING REQUIREMENTS.
Outdoor lighting shall comply with the regulations required by Article 10, Outdoor Lighting Requirements.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.12 MH - Manufactured Home Subdivision District.
6.12.1
GENERAL PURPOSE & DESCRIPTION.
The purpose of the MH Manufactured Home District residential district is to provide adequate space and restrictions for the placement of HUD-Code manufactured homes in the City within designated subdivisions. This does not include mobile homes as defined in this ordinance. The MH Manufactured Home district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH Manufactured Home district. It is the intent of the MH Manufactured Home district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.
6.12.2
MH DISTRICTS ESTABLISHED BY PLANNED DEVELOPMENT.
Regulations for each manufactured home subdivision shall be established by a Planned Development District ordinance adopted pursuant to 7, PD Planned Development District.
6.12.3
ADDITIONAL REGULATIONS OF THE MH MANUFACTURED HOME SUBDIVISION DISTRICT.
A.
A manufactured housing development shall occupy a site of not less than ten (10) acres in size.
B.
Manufactured housing units shall meet all standards set by the U.S. Department of Housing and Urban Development.
C.
All manufactured homes shall provide skirting around the base of the home.
D.
All subdivision standards must be met as specified by the City of Joshua Subdivision Regulations.
6.12.4
AREA REGULATIONS.
A.
Size of Setbacks.
1.
Porches/Accessory Buildings -5 feet from edge of an interior street and/or any other manufactured home.
2.
Carport - 5 feet from adjacent manufactured home.
3.
Freestanding Accessory Building -5 feet from adjacent manufactured home.
4.
Side of Manufactured Home and Property Line - 10 feet
5.
End of Manufactured Home and Property Line - 5 feet.
6.
Separations Between Manufactured Homes - See Section 6.12.11.E
6.12.5 Accessory building. Alteration. Back end. Back side. Building board of appeals. Building code. Building official. City official. Clubhouse. Dangerous manufactured home. Department. Director. Driveway. Dwelling. Dwelling unit. Essential utility. Family. Fire chief. Front end. Front side. Garbage. Habitable room. HUD. HUD-code manufactured home. Installation. Law. Litter. LPG. Manager. Manufactured home community. Manufactured home or manufactured housing. Manufactured home unit plot. Mobile home. Occupant. Office. Owner. Permit. Person. Police chief. Porch or deck. Premises. Recreational vehicle. Street. Structure. Swimming pool. Tenant. Travel trailer. Unfit for human habitation. Unit. Unit plot. Unit plot line. Washeteria.
DEFINITIONS.
A subordinate building, the use of which is incidental to that of the main building on the same lot.
Replacing, adding, modifying, removing, or exchanging manufactured homes or other structures, moving in a new or additional manufactured home or other structure, changing or adding manufactured home community plot or lot lines, and changing manufactured home community property lines.
The opposite end from the front end of the unit.
The opposite side from the front side of the unit.
The City Zoning Board of Adjustment.
The most recently adopted edition of the electrical code, building code, fire code, mechanical code, and plumbing code adopted by ordinance and currently in effect in the city, and the Manufactured Housing Standards Act, Chapter 1201 et seq. of the Texas Occupations Code.
The person employed by the city to perform building permit review and inspections.
The city manager, police chief, fire marshal, fire chief, building official/inspector, code compliance officer, and city engineer.
A building or rooms accessible to all residents, which is used for meetings or recreational use.
The City.
The city manager or his/her designee.
A private access leading from a street or other thoroughfare to a building, garage, recreational vehicle or HUD-code manufactured home.
A structure, including a HUD-code manufactured home or recreational vehicle, occupied for a residential purpose.
Any room or group of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, group of individuals, family, or household for housekeeping purposes.
Electricity, water, sanitary sewer, storm sewer, and heating fuel.
One (1) or more persons related by blood, adoption or marriage and who are living together as a single housekeeping unit.
The fire chief of the city or his or her designated representative.
The end of the unit where the tongue would be attached or where the headlights are located.
The side of the unit where the front door is located or left side when facing the tongue or headlights.
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
A room or enclosed floor space used or designed to be used for living, sleeping, cooking or eating purposes, but not including bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets or storage spaces.
The United States Department of Housing and Urban Development.
A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems of the home.
The construction of the foundation systems, whether temporary or permanent, HUD-code manufactured home, HUD-code manufactured home component, or HUD-code manufactured home accessory, including fuel tanks, on or near the foundation system, and includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components, and minor adjustments.
Federal, state, or local statute, ordinance, court decision, rule, or regulation.
Garbage, refuse, rubbish, and all other waste material deposited on the ground or in any place other than in an approved garbage receptacle.
Liquefied petroleum gas.
A person who is responsible for the day-to-day operations of a manufactured home community.
Any lot, tract, or parcel of land used in whole or in part for parking two (2) or more HUD-code manufactured homes.
A HUD-code manufactured home or a mobile home (reference definition for HUD-code manufactured home).
A section of the manufactured home community designated for the placement of a single HUD-code manufactured home.
A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems of the home.
Any person over one (1) year of age living, sleeping, cooking, eating in or having actual possession of a dwelling unit.
The location on the property where business is conducted for the property.
A person claiming, or in whom is vested, the ownership, dominion, or title to real or personal property, including but not limited to the owner of a fee simple title; the holder of a life estate; the holder of a leasehold estate for an initial term of five (5) years or more; the buyer in a contract for deed; a mortgagee, receiver, executor, or trustee in control of real property; the agent of an owner in fee simple, the holder of a leasehold, lessor, sublessor, mortgagee, receiver, executor, or trustee; lessor, or sublessor of a dwelling.
An official document or certificate issued by the city authorizing performance of a specified activity.
An individual, company, corporation, business trust, estate trust, partnership, association, any other group, two or more persons having a joint or common interest, or any legal or commercial entity.
The police chief of the city or his or her designated representative.
A structure adjacent to an entry door of a HUD-code manufactured home.
A lot, plot or parcel of land, including any structure on it.
A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, self-propelled or towable and designed primarily not for use as a permanent dwelling unit, but as temporary living quarters for recreational, camping, travel, or seasonal use.
Any roadway, fire lane, access or alley.
That which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Any structure, basin, chamber, spa, or tank containing an artificial body of water for swimming, diving, physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks.
Any person who occupies a dwelling unit for living or dwelling purposes with the property owner’s or landlord’s consent.
A structure, having no foundation other than a permanent chassis with wheels, which is 12 body feet or less in width, and is less than 40 body feet in length, and is designed to be used as a dwelling with or without a permanent foundation. The term “travel trailer” includes folding hardtop campers transported behind a motor vehicle, truck-mounted campers attached to and transported behind a motor vehicle or pickup, recreational vehicles, campers, or similar types of temporary dwellings intended for short-term occupancy, travel, and/or recreation.
Uninhabitable or dangerously deteriorated.
Any HUD-code manufactured home, washeteria, office, clubhouse and athletic facility.
A piece of ground set aside and designated for occupancy by one (1) HUD-code manufactured home.
The imaginary line around any HUD-code manufactured home unit plot.
A self-service laundry room accessible to all residents, which contains two (2) or more pairs of washers and dryers.
6.12.6
PARKING AND OCCUPANCY OF MANUFACTURED HOMES AND RECREATIONAL VEHICLES RESTRICTED.
A.
Manufactured homes.
It is unlawful for any person to park a manufactured home within the city for longer than forty-eight (48) hours. Affirmative defenses to the Section are:
1.
That the manufactured home is in a manufactured home community;
2.
That the manufactured home is a recreational vehicle parked in compliance with the city zoning ordinance and all other applicable laws;
3.
That the manufactured home is parked on property where manufactured homes are manufactured or sold and where no one occupies a manufactured home as a dwelling or sleeping place; and
4.
That the manufactured home is parked on the property as a temporary office or display unit and where no person occupies a manufactured home as dwelling or sleeping place.
B.
Occupancy of recreational vehicles and travel trailers.
It is unlawful to use a recreational vehicle or travel trailer as a dwelling unit, except as provided by this subsection. Recreational vehicles and travel trailers are only allowed as dwelling units in existing manufacturing home communities, on the specific lots where they are located as of the effective date of this Ordinance.
6.12.7
ROSTER OF MANUFACTURED HOMES AND RECREATIONAL VEHICLES.
A.
The owner, licensee, and manager of each manufactured home community shall keep a roster of all manufactured homes and recreational vehicles located within the manufactured home community. The roster shall contain the following information:
1.
The make, model and year of each manufactured home and recreational vehicle;
2.
The vehicle identification number and name of the owner of each manufactured home and the license number and name of the owner of each recreational vehicle and the state issuing the license; and
3.
Dates of each manufactured home moved into and/or out of the manufactured home community.
B.
The owner or manager shall make the roster available for inspection at all times by law enforcement officers, appropriate employees of the city, and fire department personnel.
6.12.8
PERMIT REQUIREMENTS.
A.
It is unlawful for any person to alter or expand any existing manufactured home community unless he or she has a valid permit issued by the city in the name of such person for the specific alteration or expansion. All alterations or expansions of a manufactured home community shall comply with the city subdivision ordinance, this Ordinance and the setback requirements of this Section. The regulations in this Section will prevail if any other ordinances are in conflict with this Section. The fees to alter or expand any existing manufactured home community will be listed in the city fee schedule.
B.
It shall be unlawful for any mobile home owner, mobile home park owner, or other person to replace an existing mobile home or add a mobile home without first obtaining a permit from the city.
C.
All applications for a permit shall contain the following:
1.
Name, address and telephone number of the applicant;
2.
Name, address and telephone number of the owner of the property;
3.
The address and legal description of the manufactured home community;
4.
A plot plan providing:
a.
The date of preparation, name of preparer, scale, and north point;
b.
Name of the manufactured home community and its owner;
c.
Location of property line boundaries and dimensions of the tract;
d.
Location and width of all access, driveways and parking areas;
e.
Proposed placement location of all manufactured homes; and
f.
All required front, rear and side setback lines in compliance with this Section.
D.
The applicable fee of forty dollars ($40.00) shall be charged at the time of permit application for moving a mobile home into a mobile home community.
E.
It is unlawful for any person to locate or relocate, alter, expand, or construct a new manufactured home community unless he or she has a valid permit issued by the city in the name of such person for the specific placement, alteration, expansion or construction. All manufactured home, recreational vehicle and accessory building placements, alterations, extensions, or construction shall comply with applicable codes and ordinances of the city.
6.12.9
ISSUANCE OF PERMITS.
When, upon review of the application and receipt of the required fee, the city is satisfied that the proposed plan meets the requirements of this Section and all applicable laws, the appropriate city official may issue a permit.
6.12.10
LOCATING MANUFACTURED HOME OR OTHER STRUCTURE IN VIOLATION OF STANDARDS.
It is unlawful for any person to position, move, or locate, or for a manufactured home community owner or manager to allow, permit, or suffer any person to move, position, or locate, any manufactured home, accessory building, or other structure within or into a manufactured home community so that a violation of this Section or other applicable law is created or exacerbated.
6.12.11
DRIVEWAYS AND ROADWAYS.
The owner or manager of each manufactured home community in the city shall provide in the manufactured home community:
A.
At least one (1) driveway entrance or private street entering from a public street into the manufactured home community that is at least twenty-four (24) feet wide with a minimum turning radius of thirty (30) feet.
B.
A properly marked fire access roadway that abuts each manufactured home plot and that is not less than twenty-four (24) feet wide at any point with a thirty-foot turning radius and vertical clearance of not less than fourteen (14) feet.
C.
Service roads, fire lanes, access, private streets, and roadways constructed and maintained so that they are weathertight and capable of supporting the imposed load of a 40,000-pound fire department apparatus with two-thirds (2/3) of the weight on the rear axle, capable of allowing free passage of fire department apparatus. The city engineer may require a manufactured home community owner to provide a laboratory testing analysis with a certifying letter that the entire surface as stated in the proceeding sentence is capable of meeting aforementioned conditions.
D.
Street name signs at each end of each block of each platted public and private street and unit numbers on each unit.
E.
Sidewalks, parking spaces, parking lots, and other pavement maintained in a safe and operable condition.
F.
Driveways and parking for at least two (2) vehicles for each manufactured home plot or lot may be constructed of an alternate design material with approval of the city.
6.12.12
COMPLIANCE WITH STATE STANDARDS FOR MANUFACTURED HOUSING.
A.
It is unlawful for any person to own or manage a manufactured home community that contains any manufactured home built after 1976 that is not constructed and installed in compliance with the Manufactured Housing Standards Act, Chapter 1201 et seq. of the Texas Occupations Code, and with all laws, rules and regulations promulgated by the state department of housing and community affairs pursuant to that act.
B.
It is unlawful for any person to own, keep, or occupy a manufactured home built after 1976 in the city limits that is not constructed and installed in compliance with the Texas Manufactured Housing Standards Act and with all laws, rules, and regulations promulgated by the state department of housing and community affairs pursuant to that act.
6.12.13
DESIGN AND MAINTENANCE STANDARDS.
It is unlawful for any person to own or manage a manufactured home community that does not meet the following standards:
A.
Drainage.
Each manufactured home community and each unit plot shall be properly graded and equipped to drain all surface water in a safe and efficient manner.
B.
Maintenance of accessory structures and community buildings.
All accessory structures and community buildings in the manufactured home community shall be maintained in a structurally sound and clean condition, and kept free of any condition that might be detrimental to the safety or health of any person.
C.
Collection and removal of waste.
Each manufactured home community shall be provided with safe, clean, and adequate facilities for the collection and removal of wastes and garbage.
D.
Electrical outlets.
Each manufactured home unit plot shall be supplied with a separate electrical outlet supplying at least one hundred ten (110) volts, permanently identified as belonging to the individual plot it serves.
E.
Setbacks and separations.
Setbacks and separations shall be maintained for all manufactured homes, accessory buildings and other structures as follows:
1.
Porches and accessory buildings must be a minimum of five (5) feet from the edge of an interior street and/or from any adjacent manufactured home.
2.
A carport may be attached to the manufactured home it serves but may not be closer than five (5) feet to any adjacent manufactured home.
3.
A freestanding accessory structure shall be no closer than five (5) feet to an adjacent manufactured home at any point. It is an affirmative defense to this subsection that the accessory structure is located within eight inches of the manufactured home it serves.
4.
Between any end of a manufactured home and [edge of] internal private roadway: five (5) feet; or seventeen (17) feet from the center of the road.
5.
Between any side of a manufactured home and edge of internal private roadways: five (5) feet; or seventeen (17) feet from the center of the road.
F.
Exposed ground.
All exposed ground shall be covered with pavement, stone screenings or other solid or semi-porous material, or vegetative growth that is capable of eliminating soil erosion and dust and that is free of holes and depressions that may injure a person or property.
G.
Maintenance of drainage devices.
All drainage ditches, culverts, and other drainage devices shall be maintained so that they are free flowing and free of trash, debris, and all other obstacles.
H.
Fire hydrants.
Any manufactured home community established after the effective date of this Section shall have at least one (1) fire hydrant maintained in compliance with all applicable laws within five hundred (500) feet of each outside wall of each structure in the manufactured home community, measured along a route approved by the fire department. It is an affirmative defense to this section that an alternative design has been approved by the fire chief and/or that the manufactured home community existed before the effective date of this Ordinance.
I.
Trees, tree limbs and branches.
No trees, tree limbs, or branches may exist that are reasonably capable of damaging a structure or that are reasonably capable of causing injury to a person or which are within fourteen (14) feet of any access or fire lane measured vertically from the surface of the street or fire lane to the lowest point of the tree limb or branch.
J.
Excavations or other dangerous conditions.
No holes, excavations, sharp protrusions, or any other object or condition may exist on the property which may cause injury to a person.
K.
Uncovered wells, cesspools or cisterns.
No wells, cesspools, and cisterns that are not securely covered or securely closed.
L.
Storage of pool chemicals.
All pool chemicals must be stored in compliance with all applicable laws.
M.
Broken sewer lines.
All broken sewer line(s) must be repaired or replaced and all residue must be removed, and affected areas treated with a suitable disinfectant, within seventy-two (72) hours of notification or discovery that the sewer line is broken.
N.
Address numbers and other required signage.
All street address numbers, unit numbers, lot or plot numbers, and any additional signage as required by applicable laws must be provided and maintained on each manufactured home and structure, and on the property.
O.
Fences.
All fences on the property must be maintained in compliance with Article 3.05 Fences of the Joshua Code of Ordinances.
P.
Swimming pools and spas.
All swimming pools, spas, and pool fences and gates must be installed and maintained in compliance with all applicable laws.
Q.
Electrical supply lines.
All supply lines for electrical service to each dwelling unit intended for human occupancy must be installed and maintained in safe, operative condition and in compliance with all applicable laws.
R.
Water and sewer systems.
All exterior water and sewer systems must be installed and maintained in compliance with all applicable laws.
S.
Fire lanes and paved areas.
All fire lanes and required paved areas must be installed and maintained with legible parking and fire lane markings in compliance with all applicable laws.
T.
Access control devices.
Any vehicular or pedestrian access control devices must be installed and maintained in compliance with all applicable laws.
U.
Fuel supply lines and fuel containers.
All fuel supply lines to each dwelling unit and all fuel containers for each dwelling unit that is heated by natural gas or propane or has a water-heating device or stove fueled by natural gas or propane must be installed and maintained in compliance with all applicable laws.
V.
Sidewalks, ramps, bridges, parking lots, stairs and steps.
All sidewalks, ramps, bridges, parking lots, stairs, and steps must be installed and maintained in safe and operative condition and in compliance with all applicable laws.
W.
Maintenance of yards.
Yards around and adjacent to manufactured homes or mobile home parks shall be maintained in accordance with applicable city ordinances and state or federal laws.
X.
Storage area.
A manufactured home community may provide a storage area for residents use for boats, recreational vehicles, campers, and additional vehicles, as well as park maintenance equipment and supplies, as long as it is screened from all adjacent properties or if visible from the public right-of-way by a six (6) foot minimum blind fence in compliance with Article 3.05 Fences of the Joshua Code of Ordinances.
Y.
Exemption from setback and separation requirements.
The standards set forth in Section 6.12.2 shall apply to any manufactured home moved into, onto, or within a manufactured home community after the effective date of this Ordinance. It shall be an affirmative defense to prosecution under the provisions of Section 6.12.2 that the manufactured home in question has not moved since the effective date of this Ordinance.
6.12.14
COMPLIANCE WITH APPLICABLE LAWS.
Each owner or manager of a manufactured home community within the city which may be used for human habitation or residence shall comply with the provisions of this Section and all other applicable laws for each manufactured home community over which he or she has control.
6.12.15
DUTIES OF OWNER OR MANAGER.
A.
Maintenance of facilities and equipment.
The owner or manager of a manufactured home community shall provide adequate supervision to maintain the community and its facilities and equipment and to keep it in an operable and sanitary condition at all times.
B.
Supervision of placement of manufactured homes.
The owner or manager of a manufactured home community shall supervise the placement of each manufactured home on its lot or plot, insuring safe installation and set-up in compliance with all applicable laws.
C.
Supervision of installation of LPG containers.
The owner or manager of a manufactured home community within the city shall ensure safe installation of liquid petroleum gas (LPG) containers, including propane gas, in compliance with all applicable laws, and shall ensure that they are securely anchored to the ground directly beneath the container.
6.12.16
DISCLOSURE OF OWNERSHIP OF UNITS.
A.
An owner or manager shall disclose to a tenant or to a city staff member acting in an official capacity:
1.
The name and street address of the holder of record title of the dwelling rented by another tenant or inquired about by the applicable city official; and
2.
If an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company.
B.
Disclosure to a tenant under subsection (A) must be made by:
1.
Giving the information in writing to the tenant on or before the seventh day after receipt of the tenant’s request for the information;
2.
Posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager; or
3.
Including the information in a copy of the tenant’s lease or in written rules provided to the tenant.
C.
Disclosure of information to a tenant may be made under subsection (B)(2) before the tenant requests the information.
D.
Disclosure of information must be made by giving the information in writing to the city staff member on or before the seventh day after the date the owner or manager receives the city’s request.
E.
A correction to the information may be made by any of the methods authorized for providing the information.
F.
For the purposes of this Section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk.
6.12.17
CONDITIONS OR DEFECTS CONSTITUTING UNINHABITABLE AND DANGEROUS MANUFACTURED HOME.
A.
A dangerously damaged or deteriorated manufactured home whose condition, in the building official’s judgment, presents a substantial danger to its occupants or adjoining property or persons and which has some or all of, but not necessarily limited to, the following structural deficiencies:
1.
Parts or pieces that may fall and injure a person or property.
2.
Damage by fire, explosion, wind, vandalism, or elements of nature so that there may be a danger to life or safety or to the general health and welfare of a person.
3.
Absence of the availability of an essential utility for seventy-two (72) hours or more, in an occupied structure.
4.
Any leaking sewage and/or exposed wastewater lines.
5.
Inaccessibility of any part of the community to fire, police, EMS or other emergency vehicles.
6.
Individuals, owners, or tenants who allow their dwelling units to fall into a state of disrepair are in violation of this Article and may be cited and fined. Owners or managers of a manufactured home community who allow the community to fall into disrepair may also be cited and fined.
6.12.18
REPLACEMENT OF HUD-CODE MANUFACTURED HOMES.
In the event that a HUD-code manufactured home occupies a lot in the city, whether located in a manufactured home community or not, the owner of the HUD-code manufactured home may remove the HUD-code manufactured home from its location and place another HUD-code manufactured home on the same property, provided that the replacement is a newer HUD-code manufactured home, and is at least as large in living space as the prior HUD-code manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-code manufactured home is limited to a single replacement of the HUD-code manufactured home on the same property.
6.12.19
LICENSE REQUIRED.
It is unlawful for any person to own or manage any manufactured home community within the limits of the city without a valid license issued by the City.
6.12.20
APPLICATION; TRANSFER; EXPIRATION AND RENEWAL.
A.
An applicant for a manufactured home community license shall file with the city a written application on a form provided for that purpose and signed by the owner or manager, or his or her agent. The following information is required in the application:
1.
Correct names and correct current addresses and telephone numbers of the lessor, sublessor, owner, property manager, resident manager, and insurance company;
2.
Trade name of the manufactured home community;
3.
Correct and current names and addresses of all registered agents of any of the parties above named that are corporations;
4.
Correct current zoning district in which the manufactured home community is located;
5.
Accurate number of manufactured home plots;
6.
Current correct telephone number, name, and address of a person responsible for paying utility bills for the common area of the manufactured home community.
B.
Licenses are annual and expire on the 31st day of December of the year issued. The owner shall make application to renew the license no later than December 31 of the current year.
C.
The city may, at any time, require additional relevant information of the owner or manager to clarify items on the application, and the owner or manager shall do so.
D.
When more than fifty percent (50%) of the ownership of the manufactured home community changes or there is a change of a general partner, the new owners and partners shall obtain a new license.
E.
The owner or licensee shall notify the city in writing of each change in ownership and each change in property manager, resident manager, individual responsible for paying utility bills, and individual responsible for compliance with this Article, or any information required in this Section, within thirty (30) days of the change.
F.
If an annual license cannot be issued at the time the application is filed, a temporary license may be issued upon payment of the license fee, which shall be valid until such time as the annual license is issued or the temporary license is revoked for failure or refusal to comply with this Article.
6.12.21
FEE.
A.
The city will not issue a manufactured home community license until the applicant has met all the prerequisites for a license and paid all applicable fees.
B.
The annual fee for each manufactured home community license is as provided for in the fee schedule set by the City of Joshua.
C.
If the applicant pays a fee under this Section by check or other instrument which is not honored, the license for which the payment was made is void and invalid.
D.
The applicant shall pay the license fee at the time they file an application with the city.
6.12.22
DISPLAY; REPLACEMENT; TRANSFER.
A.
Each license issued pursuant to this Article to a manufactured home community owner or manager shall be posted and displayed by the owner or manager in the business office of the manufactured home community or in another conspicuous place to which tenants have access.
B.
A replacement license may be issued for one lost, destroyed, or mutilated upon application on the form provided by the city. A replacement license may have the word “Replacement” stamped across its face.
C.
A manufactured home community license is not assignable or transferable from one person to another or from one place to another.
6.12.23
STANDARDS FOR OBTAINING AND HOLDING LICENSE.
The owner and manager shall maintain the manufactured home community in compliance with the provisions of this Article and with all applicable city ordinances and state and federal laws in order to obtain, retain, or renew a manufactured home community license.
6.12.24
INSPECTIONS AUTHORIZED.
The code compliance officer, building inspector, police chief, fire marshal and/or fire chief is authorized to inspect the premises of a manufactured home community when the owner or manager makes application for a license, or whenever necessary or expedient to determine the condition of the manufactured home community.
6.12.25
RIGHT OF ENTRY.
A.
Inspections may be made between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday; provided, however, in cases of emergency where hazards are known or suspected to exist which may involve injury to a person or severe property damage, an inspection may occur at any time.
B.
A city official, as defined by this Ordinance, may request entry to a dwelling unit or structure for inspection purposes only. Whenever a city official is denied entry to a dwelling unit or structure, such denial shall not be a violation of this Article, but the official may use the resources provided by law to gain entry.
6.12.26
TIME FOR COMPLIANCE.
A.
After the effective date of this Ordinance, the appropriate city official shall order the owner or manager of a community subject to these provisions to come into compliance. Upon receipt of such notice, the owner shall, subject to the applicable time limits, take necessary actions to comply with the provisions of this Article. A sale or other transfer of the premises does not affect the validity and enforceability of the order. A person acquiring interest in the property after an order has been so filed is subject to the requirements of the order.
B.
The owner or manager of a manufactured home community shall comply with the setback and separation requirements of this Ordinance whenever a manufactured home or accessory building is moved into, onto, or within the manufactured home community.
C.
The owner or manager of a manufactured home community shall comply with the access and driveway requirements of this Article and commence any necessary alterations to the community within thirty (30) months of the date of the order to the owner, and work shall be completed within sixty (60) months from the date of notification. The owner or manager of an existing manufactured home community, as of the effective date of this Article, whose existing roadway is narrower than specified in the regulations is exempt from this requirement; however, in no case shall the existing roadway be reduced from the existing width.
D.
The owner or manager of a manufactured home community established after the effective date of this Article shall comply with the fire hydrant requirements of Section 6.12.29 [Section 6.12.13.H]and shall commence work on the required alterations to the community within thirty (30) months of the date of the order to the owner, and work shall be completed within sixty (60) months from the date of owner notification.
E.
The owner or manager of a manufactured home community shall comply with every requirement of this Article, other than those set out in subsections B, C, and D of this Section, no later than twelve (12) months from the date on the order. Time frames for life, health, and safety issues may necessitate a shorter time frame and will be so ordered by the appropriate city official.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.13 C-1 - Restricted Commercial District.
6.13.1
GENERAL PURPOSE & DESCRIPTION.
The C-1 Restricted Commercial District is to provide for a district of uses primarily oriented to select convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers where residents of the adjacent neighborhood have both pedestrian and automobile access. As indicated in the Comprehensive Land Use Plan this district is appropriate as Commercial/Office/Service development adjacent to residentially zoned areas.
6.13.2
AREA REGULATIONS.
B.
Size of Setbacks.
1.
Minimum Front Setback - 25 feet.
2.
Minimum Side Setback - None, if adjacent to another nonresidential district; 15 feet, if adjacent to residential; 15 feet, if adjacent to street (public or private)
3.
Minimum Rear Setback - None, if adjacent to another nonresidential district; 15 feet, if adjacent to residential; 25 feet If the rear yard is adjacent to a street (public or private)- it will be considered a Front Yard
C.
Maximum Lot Coverage -
80%.
D.
Maximum Height -
45 feet.
 |
6.13.3
PARKING REQUIREMENTS.
Off-street parking and loading requirements shall conform to the provisions of Article 7 Parking Requirements.
6.13.4
LANDSCAPING REQUIREMENTS.
Landscaping requirements shall comply with the provisions in Article 8 Landscaping Requirements.
6.13.6
TEMPORARY USES AND SPECIAL EVENTS.
Temporary uses and special events located in this district shall comply with the provisions in Section 5.11 Temporary Uses and Special Events.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.14 C-2 - General Commercial District.
6.14.1
GENERAL PURPOSE & DESCRIPTION.
The C-2, General Commercial District is intended to provide a zoning category similar to the C-1 District except that additional uses are permitted which are not generally carried on completely within a building or structure and an expanded range of service and repair uses is permitted. These uses are generally more intense in nature and are located along major thoroughfares, as indicated in the Comprehensive Land Use Plan. These uses are appropriate as corridor, commercial nodes and employment center development forms as provided in the Comprehensive Land Use Plan.
6.14.2
AREA REGULATIONS.
B.
Size of Setbacks.
1.
Minimum Front Setback - 25 feet.
2.
Minimum Side Setback - None, if adjacent to another nonresidential district; 15 feet, if adjacent to residential; 15 feet, if adjacent to street (public or private)
3.
Minimum Rear Setback - None, if adjacent to another nonresidential district; 15 feet, if adjacent to residential; 25 feet If the rear yard is adjacent to a street (public or private)- it will be considered a Front Yard
C.
Maximum Lot Coverage -
80%.
D.
Maximum Height -
45 feet.
 |
6.14.3
PARKING REQUIREMENTS.
Off-street parking and loading requirements shall conform to the provisions of Article 7 Parking Requirements.
6.14.4
LANDSCAPING REQUIREMENTS.
Landscaping requirements shall comply with the provisions in Article 8, Landscaping Requirements.
6.14.6
TEMPORARY USES AND SPECIAL EVENTS.
Temporary uses and special events located in this district shall comply with the provisions in Section 5.11 Temporary Uses and Special Events.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.15 I -Manufacturing/Industrial District.
6.15.1
GENERAL PURPOSE & DESCRIPTION.
The I Manufacturing/Industrial District is designed to permit industrial and manufacturing use which tends to be of direct support to nearby residential and commercial areas, and which have low to moderate objectionable environmental influences. These uses are generally screened from single-family residential uses and are best located near railroads and major thoroughfares, providing employment centers as indicated on the Comprehensive Land Use Plan.
6.15.2
AREA REGULATIONS.
B.
Size of Setbacks.
1.
Minimum Front Setback - 25 feet.
2.
Minimum Side Setback - None if adjacent to another nonresidential district; 50 feet if adjacent to a residential district; 15 feet, if adjacent to a public or private street.
3.
Minimum Rear Setback - none if adjacent to another nonresidential district; 50 feet if adjacent to a residential district; 25 feet if adjacent to a public or private street-It will be considered a Front Yard.
C.
Maximum Lot Coverage -
80%.
D.
Maximum Height -
50 feet.
 |
6.15.3
PARKING REQUIREMENTS.
Off-street parking and loading requirements shall conform to the provisions of Article 7 Parking Requirements.
6.15.4
LANDSCAPING REQUIREMENTS.
Landscaping requirements shall comply with the provisions in Article 8 Landscaping Requirements.
6.15.6
TEMPORARY USES AND SPECIAL EVENTS.
Temporary uses and special events located in this district shall comply with the provisions in Section 5.11 Temporary Uses and Special Events.
6.15.7
CARGO CONTAINER REGULATIONS.
Requirements pertaining to the location of cargo containers within this district shall comply with the provisions in Section 5.9 Cargo Container Regulations.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.16 HP - Heritage Preservation Overlay District.
6.16.1
PURPOSE AND DESCRIPTION.
The Heritage Preservation (HP) Overlay District encompasses most of the original town site of the City of Joshua. The area generally contains a mixture of some of the oldest buildings in Joshua along with newer uses and buildings that have replaced older structures over the years. Vacant lots are scattered throughout the district. The HP Overlay District is designed to transform the area into a historic community focal point of the City with the character of a small Texas town of the early 1900’s.
The standards set forth in this district will ensure design consistency in both the redevelopment of existing structures and in new developments. The HP Overlay District shall be used in conjunction with existing base zoning district in this area.
6.16.2 Alteration. Exterior feature. Heritage landmark. Heritage preservation overlay district. Ordinary maintenance. Preservation. Substantial modification.
DEFINITIONS.
The following words, when used in this Section, shall take precedence and shall have the meaning respectively ascribed to them in this Section, unless the context of this Article clearly indicates otherwise. Words that are not defined in this Article shall have the meaning as defined by the city.
Any change to the exterior of a building, structure, object, site, or area. Alteration shall include, but is not limited to, changing to a different kind, type, or size of roofing or siding materials; changing, eliminating, or adding exterior doors, door frames, windows, window frames, shutters, fences, railing, columns, beams, walls, porches, steps, porte-cocheres, balconies, or ornamentation; or the dismantling, moving, or removing of any exterior features. Alteration does not include ordinary maintenance or repair.
An element of the architectural character and general arrangement of the external portion of a building, structure, or object, including, without limitation, building material that is visible from public right-of-way.
Any site, individual building, structure, or object designated by ordinance of the City Council that is worthy of rehabilitation, restoration, and/or preservation for its heritage, cultural, and/or architectural significance to the City.
An area of the city designated by ordinance of the City Council which possesses within definable geographic boundaries, a significant concentration, linkage, or continuity of sites, buildings, or structures united historically or aesthetically by plan or physical development.
Activities relating to a property that would be considered ordinary or common for maintaining the property.
The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site.
A substantial modification means any reconstruction, rehabilitation, addition, or other improvement to the structure’s facade of a nonresidential building, the cost of which equals or exceeds 50 percent of the market or tax appraisal value of the building, structure, object, site or area, whichever is greater, as determined by an independent appraiser or the last official City tax roll, either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred.
6.16.3
HERITAGE PRESERVATION COMMITTEE.
A.
Created.
There is hereby created the Joshua Heritage Preservation Committee, herein after referred to as the “committee.”
B.
Membership.
1.
The Committee shall consist of five (5) members appointed by the City Council. The members will consist of three (3) members who shall be either owners of a property or business located within the Heritage Preservation Overlay District or owners of a property or business located within the City of Joshua. One (1) member shall be a representative from City Council and one (1) member shall be a representative from the Planning and Zoning Commission.
2.
All committee members, regardless of background, shall have a demonstrated interest in heritage preservation within the city.
3.
All members of the committee shall serve at the pleasure of the City Council and may be removed at any time and for any reason or no reason at all.
C.
Terms of office.
Committee members shall serve for staggered two (2) year terms, with the exception that the initial term of members one and two shall be one (1) year, and the initial terms of members three, four, and five shall be two (2) years.
D.
Officers.
Following the appointment of new committee members, members of the committee shall elect a chairperson and vice-chairperson.
E.
Meetings.
The committee shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the chairman (or City Manager) or on the written request of any two (2) committee members. All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, as it exists or may be amended.
F.
Quorum.
A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership of the committee.
G.
Attendance.
Any committee member with three (3) unexcused consecutive absences, as determined by the City Council, will be discharged from the committee. The City Council shall appoint an interim member to serve the remainder of the vacant term.
H.
Heritage Preservation Committee powers and duties.
1.
Prepare rules and procedures, as needed, to carry out the business of the committee, to be reviewed by the Planning and Zoning Commission and to be approved by the City Council.
2.
Recommend to the Planning and Zoning Commission criteria for the designation of historic, architectural and cultural landmarks and the delineation of the heritage preservation district. Criteria shall be submitted to the City Council for action.
3.
Conduct surveys and maintain with the city, an inventory of significant historic, architectural and cultural landmarks or properties within the city and particularly located in the heritage preservation overlay district.
4.
Recommend to the Planning and Zoning Commission conferral of recognition to the owners of designated historic landmarks or properties within the heritage preservation overlay district by means of certificates, plaques, or markers. Criteria shall be submitted to the City Council for action.
5.
Upon direction of the city, the committee shall develop or have developed design guidelines and/or policies that guide the physical development and redevelopment of structures, buildings, objects or area located within the heritage preservation overlay district, or structures, buildings, objects, sites, or area that have been designated as landmarks.
6.
Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
7.
Recommend to the Planning and Zoning Commission the designation sites, buildings, structures, objects, or areas as landmarks to be included in the heritage preservation overlay district. Such commission recommendations shall be submitted to the City Council for final action.
8.
Recommend to the Planning and Zoning Commission the utilization of state, federal, or private funds to promote the preservation of landmarks and the heritage preservation district, within the city. Such commission recommendations shall be submitted to the City Council for action.
9.
Maintain written minutes of each meeting to be filed in the office of the city secretary.
10.
Prepare, for submission to the City Council, an annual report summarizing the previous year’s work and accomplishments.
11.
The Heritage Preservation Committee shall have the right to select two persons to serve as “technical advisors.” Said persons should provide expertise specific to the needs of the historic preservation of the city and shall serve at the pleasure of the commission. Said persons shall not be financially compensated for such services, unless specifically directed and approved by the City Council.
6.16.4
BOUNDARY ESTABLISHED.
The boundaries of the Heritage Preservation Overlay District shall be reflected on the City’s Zoning Map, as referenced in Section 6.2 of the City’s Zoning Ordinance and reflected in the map below. This area may be amended by City Council action. This area may be amended by City Council action.
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6.16.5
HERITAGE PRESERVATION OFFICER.
The City Manager shall designate a staff member or an appropriate resident of the city as the heritage preservation officer. The heritage preservation officer shall administer this Article and advise the committee on related matters.
6.16.6
PERMITTED USES.
In the HP district, no building or land shall be used and no building constructed, reconstructed, exterior altered or enlarged unless for a use permitted in the underlying commercial district and not specifically prohibited within the HP district. One family residential uses shall be permitted in the HP district. Live/Work Units or Loft Apartments above Commercial may not be located on the ground floor or as a standalone structure.
A.
Permitted Uses.
The following uses are allowed within the HP district in addition to the permitted uses in the underlying commercial district:
1.
Dwelling, One-Family Residential with a minimum dwelling size of nine hundred (900) square feet.
2.
Live/Work Unit or Loft Apartment above Commercial
3.
Bed and Breakfast (Hosted and Non-hosted)
4.
Farmer’s Market shall be permitted as a special event. A written application shall be submitted to the Administrative Official for approval. The Administrative Official may defer such approval to the City Council with a recommendation from the Planning and Zoning Commission.
5.
Other uses not listed in prohibited list below, may be allowed with an approved conditional use permit if designed properly.
B.
Prohibited Uses.
The following are prohibited uses in the HP district when the underlying district is commercially zoned.
1.
Animal Pound
2.
Auto Glass, Seat Cover, Muffler Shop
3.
Auto Laundry/Carwash
4.
Auto Parts and Accessory Sales
5.
Auto Sales or Auctions
6.
Body Piercing Studio
7.
Cemetery/Mausoleum
8.
Collection Center
9.
Fairgrounds/Exhibition Area
10.
Garage Repair
11.
Gas or Motor Fuel Sales
12.
Golf Course
13.
Greenhouse/Nursery - Commercial
14.
Halfway House
15.
Helistop/Heliport
16.
Mini-Storage Warehouse
17.
Motorcycle Sales
18.
Parking Lot, Trucks/Trailers
19.
Pawn Shop
20.
Radio Microwave Tower
21.
Radio/Television Station Tower
22.
Sewerage Pumping Station
23.
Stadium
24.
Swimming Pool
25.
Tattoo Studio
26.
Telephone Switching Station
27.
Water Pumping Station, Private
28.
Water Storage Facility, Private or Public
29.
Unlicensed Massage Studio
30.
Sign Shop
6.16.7
SITE PLAN REQUIRED.
Developments within the HP Overlay District shall be subject to design review as part of the site plan review process. Unless specifically noted within this Section, all requirements of this Ordinance apply to the HP Overlay District. Design review is required in this district to ensure that development within the district is in conformance with design guidelines for HP and that proposed development is architecturally compatible and within the historic character of HP. All applications shall go before the Historic Preservation Committee before being scheduled for the Planning and Zoning Commission. The Historic Preservation Committee shall recommend to the Planning and Zoning Commission any modification of designation sites, buildings, structures, objects, or areas as landmarks to be included in the heritage preservation overlay district. The Planning and Zoning Commission will then make its recommendation to the City Council.
Site plan approval shall be required for the following:
A.
All new nonresidential developments/buildings within the district.
B.
A change of use from residential/vacant to nonresidential or mixed use in an existing structure.
C.
Additions and/or remodeling to existing nonresidential buildings that are considered to be a substantial modification, as defined in the definition Section of this Ordinance.
6.16.8
DEVELOPMENT STANDARDS.
Site Orientation and Layout. The front facades of buildings in new developments shall be located close to the sidewalks to encourage pedestrian involvement and to provide an area for landscaping, benches, tables and other types of street furniture. Where parking does not exist in the front of the building, parking shall be provided at the rear of developments. Developers shall share in the cost of remote parking lots if parking cannot be provided on site.
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6.16.9
DESIGN STANDARDS.
A.
Architectural Requirements.
1.
These standards are in compliance with Chapter 3000 Governmental Action Affecting Residential and Commercial Construction as these standards were enacted as part of a local historic district prior to April 1, 2019.
2.
Material:
The selected architectural materials must reflect a sense of quality and permanence by utilizing brick, stone, stucco, and concrete. The use of split-faced concrete block shall be limited to the base of a building up to three feet (3') in height from the foundation. EIFS (Engineered Insulated Finishing Systems) may be used at heights above ten feet (10') from grade for cornices, medallions, and other architectural details and elements. Metal and canvas are acceptable materials for awnings and canopies. Vinyl or plastic awnings or canopies shall not be allowed. The color of building materials shall reflect the character of the early 1900’s, and include earth tones of red, tan, brown and off-white. Extensive use of bright or colors for identity purposes or signage shall not be permitted.
a.
Residential Structures:
(1).
Residential structures being newly constructed in the Heritage Overlay District or the Original Town of Joshua Addition may utilize hardiplank or hardiboard combined with masonry material to create the eighty percent (80%) masonry.
(2).
Other materials, which are characteristic of recognized architectural styles such as Cape Cod, Victorian, Spanish, Prairie, or Ranch, may be permitted by the City Council upon recommendation of the Planning and Zoning Commission.
(3).
For partial reconstruction and remodeling or for new addition to an original structure hardiboard or hardiplank may be used as an approved masonry material. Partial reconstructions shall be defined as a reconstruction or remodel of the building being less than fifty percent (50%) of the total exterior surface or less than fifty percent (50%) of the structure size.
b.
Nonresidential Structures:
(1).
Nonresidential structures in the Heritage Overlay District shall meet design standards in conformance with the Downtown Master Plan. Principal nonresidential structures may be able to utilize hardiplank or hardiboard to achieve the design standards.
(2).
Other materials, which are characteristic of recognized architectural styles, or an accepted style of a franchise entity, or for compatibility with surrounding structures, which are equivalent to the standards set forth in this ordinance may be permitted by the City Council upon the recommendation of the Planning and Zoning Commission.
3.
Facade composition:
All new buildings and newly renovated buildings shall have a defined base, a clear pattern of openings and surface features, a recognizable entry, an interesting roofline, and appropriate building materials. Aspects of the architecture of the early 1900’s such as materials, colors, window types, cornices, and overall proportions should be reflected in the overall facade composition. Blank walls are prohibited on the front facade and on any facades that may face side streets. As much storefront glass as possible must be incorporated into the facade along with projecting elements and recesses in the facade to define individual tenants within the building. Materials and architectural elements of the front facade shall be carried on all sides of the building. Building entrances must be prominent and easy to identify. The main building entrance must be distinguishable along the storefront. At least one of the following treatments is required:
a.
Entrance located in the center of the facade, as part of a symmetrical overall composition;
b.
Entrance accented by architectural elements, such as columns, overhanging roofs, awnings, or balconies;
c.
Entrance marked or accented by a change in the roofline or change in the roof type. If rear or side entries are provided, they must be prominent and easy to identify and should be treated as a secondary main entrance.
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4.
Accent elements:
Accent elements such as cut-out openings and latticework, balconies, ornamental building numbers, medallions, and decorative ceramic tile accents must be incorporated into the design of the building to reflect the character of the early 1900’s.
5.
Mechanical equipment:
Exterior building walls shall be tall enough to shield all rooftop mechanical equipment from the view from the street. Other screening devices such as latticework, louvered panels, any treatments that are compatible with the building’s architecture may be considered on a case-by-case basis with approval by the City Council. All ground-mounted mechanical equipment shall be screened within a masonry wall matching the building in material and color.
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6.
Residential-style architecture:
Any buildings, in the form of new construction or being relocated from another location and having a residential-style architecture, may be considered in the HP Overlay District on a case-by-case basis and approved by the City Council as an element of a site plan application.
B.
Residential Conversion to Commercial.
In order that residential structures may be utilized for commercial/office uses, parking shall be located to the side or rear of the structure in order to preserve the residential style front yard of the original structure. Parking shall meet all standards of the new commercial use.
C.
Landscaping, Lighting, Street Furniture, and Sidewalk Requirements.
1.
Landscaping:
All new developments shall have foundation plantings in front of the building and along any sides adjacent to public streets. The foundation planting area shall be a minimum of five feet (5') in width and contain a mixture of ornamental trees, shrubs, and seasonal color.
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2.
Seasonal color, Planters, Pots, and Bed.
Seasonal color and small shrubs shall be provided in raised planters, pots or landscape beds in the front and sides of existing buildings that are surrounded by paving. Seasonal color must also be provided in selected locations within required foundation plantings for new development.
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3.
Streetlights and Street Furniture:
Decorative style streetlights, benches and trash receptacles of the same style and color shall be installed on all street corners and at spacing between street corners not to exceed sixty feet (60') in a uniform manner as each property is developed or redeveloped.
4.
Parking Lots and Building Lighting.
Light for off-street parking facilities shall be of the same height, style and color of the required streetlights mentioned above. Lighting fixtures attached to buildings shall be of a decorative or historic character that is compatible with the architecture of the buildings and the required streetlights.
5.
Sidewalks:
All sidewalks in the HP Overlay District shall be constructed of brick pavers in the same design, pattern and color as recommended by the HP Committee and approved by the City Council. Properties with existing concrete sidewalks shall upgrade the sidewalk with brick pavers in the manner described above when any building is substantially modified, as defined by this Ordinance.
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D.
Signage Requirements.
All signage for new buildings/uses or change in use shall comply with these requirements at the time of sign permit:
1.
Attached or Building Mounted Signage.
a.
Attached signage may be internally or externally illuminated.
b.
A sign permit shall be required for all signage.
c.
Only one attached sign shall be allowed per business per public street frontage.
d.
Projecting signs shall be allowed provided that they do not extend more than three feet (3') from the wall surface. If projecting signs are used, a detached monument sign shall not be allowed. Vertically oriented (projection sign) signage in height shall not exceed four feet (4') in height and two feet (2') in width and shall be placed ten feet (10') above grade.
e.
All attached signage shall not exceed thirty-six (36) square feet in total surface area.
f.
Horizontally oriented signage shall not exceed thirty-six inches (36") in total height for buildings with one primary use. Buildings with multi-tenants may have signs for tenants, which shall not exceed fourteen inches (14").
g.
Letters and graphics shall be allowed on awnings or canopies provided that they do not exceed nine inches (9") in height. Total advertising area on awnings shall not exceed twenty (20) square feet.
h.
Sign materials shall consist of wood, metal, material that resembles wood or metal, or masonry with painted, engraved, or mounted letters.
i.
Signs must be located on the facade in areas designated for this function; for example, a recessed or framed area or a parapet panel between shop-front and roofline.
j.
Color, materials, sizes, shapes, and lighting of signs must be compatible with the architecture of the building, the business it identifies and the character of the surrounding area.
k.
Sign shapes must be simple and straightforward to communicate well. Signs as symbols are permitted and encouraged because they are easily read and add to the vitality of a storefront.
l.
Portable signs such as menu boards for restaurants or to direct customers to parking areas shall be allowed provided they are stored indoors after hours of operation.
m.
Wall murals shall be considered on a case-by-case basis and approved by the Heritage Preservation Committee or the City Council as an element of a site plan application.
n.
Each building shall be allowed to display one temporary parking directional sign only on weekends until the City installs permanent parking directional signs. These temporary parking directional signs shall be no taller than three feet (3') in height and six (6) square feet in total surface area.
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2.
Detached or Ground Mounted Signage.
a.
Detached signage may be internally or externally illuminated.
b.
A sign permit shall be required for all new signs or alterations to signs.
c.
Only one detached sign shall be allowed per business per public street frontage.
d.
All detached signage shall not exceed fifteen (15) square feet in total surface area and six feet (6') in height.
e.
Post and bracket style signs using a wooden post or a painted metal pole are encouraged, but other styles that reflect the character of Heritage Preservation will be considered.
f.
Sign materials shall consist of wood or metal material or material that resembles wood or metal with painted or engraved letters, or mounted letters of wood or metal.
g.
Color, materials, sizes, shapes, and lighting of signs must be compatible with the architecture of the building, the business it identifies and the character of the surrounding area.
h.
Sign shapes must be simple and straightforward to communicate well. Signs as symbols are permitted and encouraged because they are easily read and add to the vitality of a storefront.
F.
Outside Storage and Outside Display (Including Screening Requirements).
1.
The provisions for outside storage and display shall apply to all permitted uses in accordance with this Ordinance except for single-family and two-family residential uses within the Heritage Preservation Overlay District (HP).
2.
Outside storage and display are prohibited on vacant or undeveloped lots.
3.
All outside storage and display areas shall not be located in or on any required parking spaces, sidewalks, public rights-of-way, or required landscape or buffer areas.
4.
A minimum accessible pathway in areas used for outside storage or display shall be provided to allow for flow of pedestrian traffic outside of designated vehicular traffic drives.
5.
All outside storage and display areas shall be maintained free of garbage and other debris.
6.
Outside storage and display areas for single-occupant or multi-occupant structures or buildings shall be limited to twenty percent (20%) of the total gross floor area of the structure or building with a maximum storage and display area of one thousand five hundred (1,500) square feet.
7.
Outside storage and display areas shall not exceed the height of six feet (6').
8.
Merchandise must be freestanding and not be located in or on pallets, crates, stands, shelving, racks, or similar types of storage structures.
9.
Only goods and merchandise associated with the existing on-site business use may be sold or displayed on premises.
10.
Outside storage and display areas of bulk goods and merchandise including, but not limited to mulch (bag or bulk), concrete, salt, tires, or other similar products that cannot be easily carried into the store for purchase shall meet the following requirements:
a.
Outside storage and display areas are located in the side or rear yards.
b.
Goods and merchandise shall not exceed the height of six feet (6').
c.
Outside storage and display areas shall be screened from view of the public rights-of-way and adjacent residential properties by a minimum six-foot (6') fence.
d.
Where screening or fencing is provided or required, decorative iron, aluminum, wood, or materials being used on the primary structure or building shall be used for fencing. Other materials may be considered with the administrative approval of Heritage Preservation Officer.
e.
Screening shall not be required if the outside storage and display area is located out of view from any public rights-of-way.
6.16.10
ORDINARY MAINTENANCE.
Actions not requiring review by the City, such as ordinary repairs and maintenance that do not constitute a change to the appearance of the structure, include:
A.
Repair of existing windows or doors, using the same or comparable materials, including the installation of storm windows that will not alter the exterior appearance of the structure.
B.
Maintenance and repair of existing roof material involving no change in design, scale, materials, or appearance of the structure.
C.
Repair of existing roof structures, such as cupolas, dormers and chimneys, using the same material that will not alter the exterior appearance of the structure.
D.
Replacement of shingles, clapboard or other siding, using the same or comparable materials that are being repaired or maintained.
E.
Repairs to existing shutters, fences, or retaining walls, using the same or comparable materials of those items being repaired.
F.
Painting with the same paint scheme that exists on the structure.
6.16.11
ENFORCEMENT.
All work performed issued under this Section shall conform to any and all requirements included therein. It shall be the duty of the building inspector or other city official to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with this Ordinance the building official, upon recommendation of the heritage preservation officer, shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 847-2022 adopted 11/17/2022)
§ 6.17 PD - Planned Development District.
6.17.1
GENERAL PURPOSE AND DESCRIPTION.
The Planned Development District “PD” prefix is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations, and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this ordinance is not contrary to its intent and purpose, or significantly inconsistent with the planning on which it is based, and will not be harmful to the community. A PD District may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. In addition, the presentation of a planned development shall provide significant amenities to the City by the proposed development, and shall not be used solely to circumvent the regulations of the straight zoned districts.
6.17.2
PERMITTED USES.
Any use shall be permitted if such use is specified in the ordinance granting the planned development district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this Ordinance.
6.17.3
DEVELOPMENT REQUIREMENTS.
A.
Development requirements for each separate PD Planned Development district shall be set forth in the ordinance granting the PD Planned Development district and shall include but not be limited to uses, density, lot area, lot width, lot depth, setback depths and widths, building size, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.
B.
The PD Planned Development district shall conform to all other Sections of this Ordinance unless specifically excluded in the granting ordinance.
C.
For multifamily, recreational vehicle parks and manufactured housing park uses a common open space shall be designated for the leisure and recreational use of the occupants. The open space shall be a minimum of 10% of the total land area devoted to the multifamily or manufactured housing park use. This requirement may be varied downward by the City Council when a lesser amount of open space would be more appropriate based on the density of the development, the installation of private recreational amenities, or where the availability and nature of adjacent public open space is such that a lesser amount would adequately accommodate the development.
6.17.4
APPROVAL PROCESS.
In establishing a PD Planned Development district in accordance with this Section, the City Council shall approve as part of the amending ordinance, appropriate plans and standards for each PD Planned Development district. During the review and public hearing process, the Planning and Zoning Commission and City Council shall require a conceptual plan and/or a detailed plan.
6.17.5
CONCEPTUAL PLAN.
This plan shall be submitted by the applicant. The plan shall show the applicant’s intent for the use of the land within the proposed PD Planned Development district in a graphic manner and as may be required, supported by written documentation of proposals and standards for development.
A.
A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. In addition, for residential development which does not propose more than one (1) platted lot, the conceptual 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, and other pertinent development data.
B.
A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Factual information shall be submitted by the applicant, or required by the Planning and Zoning Commission or City Council, shall include but is not limited to the types of use(s), topography and boundary of PD Planned Development area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building height and location, parking ratios, and other information to adequately describe the proposed development and to provide the factual information for approval of the final detailed plan.
6.17.6
DETAILED PLAN.
This plan shall set forth the final plans for development of the PD Planned Development District and shall conform to the factual information presented and approved on the conceptual plan. A detailed plan may be submitted in lieu of a conceptual plan only if it includes the entire area being proposed as a PD Planned Development District. Approval of the detailed plan shall be the basis for issuance of a building permit. The detailed plan may be submitted for the total area of the PD Planned Development or for any section or part as approved on the conceptual plan. The detailed plan must be approved by the City Council upon recommendation of the Planning and Zoning Commission.
A.
The detailed plan shall include:
1.
A site inventory analysis including a scale drawing showing existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development; a vicinity map with a north arrow and scale graphic. This site inventory analysis shall include a delineation of any flood-prone areas.
2.
The plan shall also contain the name of the development, legal description, name and address of property owner, name and address of developer, and name and address of the preparer of the document.
3.
A land use plan delineating the specific areas to be devoted to various uses shall be required where multiple types of land uses are proposed.
4.
A scale drawing showing any proposed public or private streets and alleys, building sites or lots, and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes, the points of ingress and egress from existing streets, general location and description of existing and proposed utility services including size of water and sewer mains, the location and width for all curb cuts, and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract.
5.
A site plan for proposed building complexes showing the location of buildings and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. Also, to be included on the site plan is a plan showing the arrangement and provision of off-street parking.
6.
A table shall be shown on the plan indicating the total amount of acreage; square footage for each building; maximum height of each building or structure; required and provided parking; maximum impervious surface coverage; maximum building coverage; and total open space required and provided.
7.
A landscape plan showing screening walls, open space, buffer setbacks and all proposed landscaping. Said plan shall contain a table indicating required and proposed landscaping requirements such as number of trees, shrubs, open space, required and proposed buffer setback, and percentage of landscaping required and provided.
8.
An architectural plan showing elevations and signage style to be used throughout the development for all uses except single-family and two-family may be required by the Planning and Zoning Commission or City Council, if deemed appropriate.
9.
All pedestrian walks, malls, and open areas for use by tenants or the public; types of surfacing such as paving, or turf to be used at all locations on the site.
10.
The location of all outside facilities for waste disposal; location and orientation for all external illumination facilities; and location, size, height and orientation of all signs.
11.
Any or all of the required information may be incorporated on a single drawing if one (1) drawing is clear and can be evaluated by the City Manager or a designated representative; however, topographical information shall be shown on a separate drawing.
6.17.7
SUPPLEMENTAL DATA.
All concept or detailed plans may have supplemental data describing standards, schedules, or other data pertinent to the development of the PD Planned Development district which is to be included in the text of the amending ordinance. Notes on the detailed plan shall include required offsite easements required by the development. Additional information needed to adequately analyze the development may be required by planning staff, the Planning and Zoning Commission or the City Council.
6.17.8
ESTABLISHMENT OF DISTRICT.
Procedure for establishing a PD Planned Development district shall follow the procedure for zoning amendments as set forth in the code of ordinances. This procedure is further expanded as follows for approval of conceptual and detailed plans.
A.
Separate public hearings shall be held by the Planning and Zoning Commission and City Council for the approval of the conceptual plan and the detailed plan or any section of the detailed plan unless such requirement is waived by the City Council when it is determined a single public hearing is adequate. A single public hearing is adequate when:
1.
The applicant submits adequate factual information with the request for the PD Planned Development district to fulfill the requirements for both plans.
2.
Information on the concept plan is sufficient to determine the appropriate use of the land and the detail site plan will not deviate substantially from the concept plan.
3.
The requirement may be waived at the time the amending ordinance is approved. If the requirement is waived, the conditions shall be specifically stated in the amending ordinance.
B.
The ordinance establishing the PD Planned Development district shall not be approved until the conceptual plan is approved unless the requirement of the conceptual plan step is waived as provided for in Section 6.17.8.A.3.
C.
If the detailed plan is approved in phases, a conceptual plan for the entire site shall be approved by the City Council upon recommendation of the Planning and Zoning Commission. When a detailed plan is approved in phases, then separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent phases shall be required.
6.17.9
STAFF REPORT.
When a Planned Development District is being considered, a written staff report shall be submitted to the Planning and Zoning Commission and City Council discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, drainage, and transportation.
6.17.10
ZONING MAP.
All PD 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 said Planned Development districts shall be maintained by the City Secretary.
6.17.11
MINOR AMENDMENTS TO A DETAILED PLAN.
Upon request of the applicant, the Administrative Official or their designee may authorize minor amendments to a detailed plan so long as such minor amendments do not change the land use or substantially change the character, development standards, or design of the development as shown on the approved detailed plan. For purposes of this provision, a “substantial change” shall mean a change which will increase the number of proposed dwelling units, increase the floor to area ratio, size of structure, height, lot coverage, or number of stories or buildings, reduce lot, or setback size, decrease the amount of required off-street parking spaces, change types of buildings, setbacks, street access points, or lots, increase density, change traffic patterns, or alter the basic relationship of the proposed development to adjacent properties. The Administrative Official or their designee shall make such authorization only in writing and such document shall be placed in the ordinance file governing the specific plan.
6.17.12
PLANNED DEVELOPMENT ORDINANCES CONTINUED.
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 ordinance 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 of this Ordinance
6.17.13
PLANNED DEVELOPMENT TO BE RECORDED.
All Planned Development Districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendment thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in an appendix of this ordinance.
(Ordinance 782-2020 adopted 6/18/20)
§ 6.18 JSOD - Joshua Station Overlay District.
6.18.1
PURPOSE.
The purpose of this district is to provide the maximum flexibility for development of mixed uses and provide high quality development that encourages economic development and creates a diversity of community and maintains the value of property.
6.18.2
LIMITS OF THE JOSHUA STATION OVERLAY DISTRICT.
The limits of the JSOD - Joshua Station Overlay District are defined by the limits of the Joshua Area TIF as adopted by Ordinance No. 371-04 and modified by Ordinance No. 771-2019.
6.18.3
APPLICATION OF THE JSOD - JOSHUA STATION OVERLAY DISTRICT.
Property located within the JSOD shall be used and developed in accordance with the regulations established and adopted in this Section. These regulations shall take precedence over all other land use regulations. In the event that aspects related to land use are not addressed herein, the regulations of the underlying zoning district shall apply. All other applicable regulations and ordinances that are not in conflict with these regulations shall also apply.
6.18.4
DESCRIPTION OF LAND USE TYPES.
The following land use types shall be permitted within the JSOD. The uses permitted within these land use types shall be provided within the regulations of the JSOD herein.
A.
P/OS (Parks and Open Spaces):
this land area shall be used for both active and passive recreation areas. In addition, the P/OS areas shall be used to screen incompatible land uses and to provide aesthetic treatment to the area. Common areas may be included in the P/OS areas.
B.
MXR (Mixed Use Residential):
this land use type shall consist of a mixture of residential and nonresidential uses that are designed to complement each other and may exist on the same parcel of land.
C.
RC (Retail Community):
this land use type shall consist of retail uses that are neighborhood compatible. These uses encourage pedestrian activity and are supportive to residential areas.
D.
CR (Corridor Retail):
this land use type shall consist of primarily retail and service commercial uses that emphasize access to major arterials. These uses may permit a limited quantity of residential mixture.
E.
PB (Public Uses):
this land use type shall consist of primarily uses dedicated to public uses other than parks and open spaces.
F.
IND (Industrial):
this land use type shall consist of a mixture of light industrial land uses that range from warehouse/showrooms, light assembly, distribution and light manufacturing.
6.18.5
LOCATION OF LAND USE TYPES.
The land use types as defined above and regulated herein, shall be located generally as indicated on the JSOD Land Use Map below, which may be adjusted and refined by the City Council upon recommendation by the Planning and Zoning Commission.
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6.18.6
PERMITTED USES.
B.
Uses permitted within the MXR land use type areas shall consist of the following:
1.
Single-family residential use (attached and detached)
2.
Zero lot line residential uses
3.
Multifamily uses not to exceed 24 units/acre
4.
Garden apartments
5.
Town homes
6.
Service commercial uses (not to exceed 10,000 sq. ft. per individual user)
7.
Retail commercial uses (not to exceed 10,000 sq. ft. per individual user)
8.
Office uses (including real estate, banking, medical clinics)
9.
Studio oriented uses (photograph, art, music, and dance) (not to exceed 6,000 sq. ft.)
10.
Restaurants
11.
Religious Institutions
12.
Day-Care facilities
13.
Salons and Day Spas
14.
Fitness Facilities
C.
Uses permitted within the RC land use type areas shall consist of the following:
D.
Uses permitted within the CR land use type areas shall consist of the following:
1.
Grocery store
2.
Department store
3.
Retail commercial uses
4.
Service commercial uses
5.
Office uses (including real estate, banking, medical clinics)
6.
Convenience stores with gasoline sales
7.
Service station without garage repair of any kind.
8.
Restaurants
9.
Day care facilities
10.
Religious Institutions
11.
Salons and Day Spas
12.
Fitness Facilities
6.18.7
PROHIBITED USES.
Prohibited uses: the following uses are prohibited on any lot:
A.
Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any building on a lot (normal and customary odors, sounds, and noise from: (1) restaurants, (2) gas stations, and (3) paging systems within reasonable decibel limits shall not be deemed to be obnoxious and/or noise);
B.
Any “second hand” or “surplus” store;
C.
Any operation primarily used as a warehouse operation (excluding storage incidental to a retail use conducted on the same premises such as a hardware store) any distilling, refining, smelting, agricultural or mining operation;
D.
Any mobile home park, trailer court, labor camp, junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction, or maintenance);
E.
Any dumping, disposing, incineration, or reduction of garbage (exclusive of screened garbage compactors or trailers located near the rear of any building);
F.
Any central laundry, dry cleaning plant, or Laundromat; provided, however, this prohibition shall not be applicable to on-site service oriented to pickup and delivery by the ultimate consumer, including nominal supporting facilities, as the same may be found in retail shopping districts in the metropolitan area where the property is located;
G.
Any veterinary hospital or animal raising facilities (except that this prohibition shall not prohibit pet shops nor small animal clinics with no outside pens);
H.
Any establishment selling or exhibiting pornographic materials;
I.
Any flea market, pool or billiard hall, or dance hall, provided, however, pool tables and/or a dancing area will be permitted in conjunction with a permissible restaurant or food service use;
J.
Any sexually oriented business, as defined in the Sexually Oriented Business Ordinance of the City;
K.
Any storage or maintenance yards for equipment or vehicles, public or private.
6.18.8
AREA REQUIREMENTS.
Land Use Types | Green Space/ Recreational | Front Street Setback | Side Street Setback | Interior Setback | Rear Setback | Maximum Building Coverage | Minimum Lot Width | Minimum Depth |
|---|---|---|---|---|---|---|---|---|
P/OS | 80% | 0 FT | 0 FT | 0 FT | 0 FT | None | None | None |
MXR | 20% | 15 FT | 10 FT | 0 FT | 10 FT | 70% | None | None |
RC | 10% | 26 FT | 10 FT | 0 FT | 0 FT | 50% | 50 FT | 100 FT |
CR | 10% | 20 FT | 10 FT | 0 FT | 0 FT | 50% | 60 FT | 100 FT |
PB | 50% | 26 FT | 10 FT | 0 FT | 0 FT | None | None | None |
IND | 10% | 25 FT | 20 FT | 0 FT | 0 FT | 50% | 100 FT | 150 FT |
L.
Green Space/Recreational percentage for MXR areas apply to the overall area and not to individual lots.
M.
Within the I land use area there shall be a ten (10) foot landscape screening area adjacent to any residential area. The nature and type of landscape screen shall be approved by the City Council upon recommendation by the Planning and Zoning Commission.
6.18.9
UTILITY AND SERVICE AREAS.
A.
All utility services to a lot shall be installed underground and no overhead wires shall be permitted on the lots. Service courts, transformers, and loading docks shall be screened from view or enclosed within the buildings and service facilities, including trash enclosures, shall not be visible from any motor parking lot or public street.
B.
The materials used for screening of service courts and loading docks on a lot must incorporate the same exterior building materials as used in the building on such lot and the height of the screening shall be a minimum of six (6) feet.
C.
No wood fences, open metal railings, hadite brick or cyclone fences are permitted as screening devices; except, however, wood gates for screened areas are permitted.
6.18.10
PROPERTY ACCESS.
A.
No curb cut or driveway approach shall be permitted within thirty (30) feet of any intersection of public streets.
B.
Cross access easements shall be provided to permit free access on adjoining lots and minimize driveways. Cross access easements shall remain clear and accessible to adjoining lots save and except for reasonable periods of time as may be necessary for maintenance, repair, or rebuilding purposes.
6.18.11
LANDSCAPE STANDARDS.
A.
Land not used for buildings, parking, service areas, and driveways shall be devoted to landscaped open space, but such space may contain walkways for pedestrian circulation and some signage elements as provided herein but no utilitarian service elements such as transformers, trash, storage, etc.
B.
All landscaped areas shall have automatic irrigation systems.
C.
All landscaped areas not planted in ground cover or shrub beds shall be hydro seeded or sodded with either common Bermuda grass (Cynodod Datcylon) or Tiffany 419 (Hybrid Bermuda) or other proven varieties of grass. Annual rye grass may be substituted during the winter months, but must be over seeded with Bermuda the following spring.
D.
Rows of trees shall be planted at thirty-five (35) foot centers along all public street frontages adjacent to the RC, CR, and MXR areas, with each street tree having a minimum caliper of three (3) inches when measured three (3) feet above ground level after planting.
E.
Street trees shall be planted along the streets of all single-family developed areas and shall provide one street tree for every lot. A street tree distribution plan shall be provided at the time of preliminary platting and each tree shall be a minimum of three (3) inches caliper when measured three (3) feet above the ground level after planting.
6.18.12
SIGN RESTRICTIONS.
A.
Pylon (Pole) Signs:
One pole sign is permitted for each platted lot. Pole signs shall not exceed either twenty-five (25) feet in height or ten (10) feet in width and shall be located no closer than two (2) feet from the lot boundary. The sign face shall not be less than ten (10) feet from the ground level and shall not exceed ten (10) feet in height. Multiple signs are permitted provided that the total area of the sign face does not exceed one hundred and fifty (150) square feet. Pole signs shall be fabricated out of painted or anodized metal. Pole signs shall be located along Broadway Ave./Hwy 174 only. A pole sign may not be located within seventy-five feet of another pole sign. All other locations shall be limited to monument type signage. Lot 1, Block 5 of the Joshua Station Addition shall comply with all regulations set forth in this Section, but is permitted to have a pole sign with a height of 28'9" and a width of 20'6" and a sign face of 214 square feet, as depicted on Exhibit “A” to Ordinance 548-2012.
B.
Monument Signs.
One monument sign shall be permitted for each platted lot. Monument signs shall not exceed sixty-four (64) square feet in total area, and shall be no taller than eight (8) feet in height. Such signs shall be constructed of either masonry, stucco, or warm tone pre-cast concrete with surfaced mounting or inset lettering or as a metal or fiberglass box attached to the ground with internal illumination. The letters and/or logo on such signs shall not exceed twenty (20) inches in height.
C.
Building Signage.
All building signage shall be mounted on the building fascia, sign bands, arcades, awnings, or canopies. In addition, no signage of any type shall be mounted above the top of the fascia line of any building with the exception of special signage towers or walls that are part of the overall architectural design of the project in which same are incorporated.
D.
Prohibited Signs and Off-Premises Portable Signs:
1.
Prohibited Signs.
No sign of a flashing or moving character, including LED signs, shall be installed or placed on any lot. No signs on motor vehicles are permitted to be placed on any lot at any time.
2.
Off Premises Signs.
Off-premises portable signs shall be permitted in the district, subject to the following conditions:
a.
A permit for an off-premises portable sign must be obtained from the City Manager, or designee, prior to the placement of the portable sign on the off-premises property;
b.
A permit applicant must provide sufficient evidence or proof that the owner of the off-premises property on which the portable sign will be placed has consented or otherwise authorized such portable sign placement;
c.
An off-premises portable sign permit shall be valid for fifteen (15) days, and a permit may be renewed for seven (7) additional fifteen (15) day periods subsequent to the date of initial permit approval, with a minimum of fifteen (15) days between renewal periods;
d.
At no time shall a permittee be allowed or otherwise authorized to place more than one (1) off-premises portable sign on any lot in the district; and
6.18.13
LIGHTING STANDARDS FOR NONRESIDENTIAL LAND USE TYPES.
Attractive and efficient lighting fixtures (metal halide) shall be installed on each nonresidential lot, shall adequately light the lot, and shall not, to the extent reasonably possible, cause light to spillover onto adjacent properties or lots. Such lighting standards shall meet the following criteria:
A.
Parking Lots.
The light standards in parking lots are limited to thirty (30) feet in height and may not be wooden poles. No parking lot shall exceed a maximum of 40 footcandles in illumination. All lighting shall be fully shielded with 80 degree cut-off. Illumination levels shall be measured at the property lines of the parking lot.
B.
Building Lights.
All structure mounted lighting shall be shielded wall packs, unless otherwise approved in a detailed site plan.
C.
Photometric Plan.
All site plans for nonresidential uses shall provide a photometric plan with the required drawings.
D.
Street Tree Lighting.
At the time of submittal of the development plan for any area, roadways shall be designated as street tree lighted roadways. In general, the designated streets shall consist of arterials and collector type streets as defined in the Major Thoroughfare Plan. Each street tree planted within the ten (10) foot zone around the designated public street frontage shall be illuminated by a recessed “up-light” set in line with each tree trunk and located thirty-six (36) inches in font of each tree, on the street side. Each street tree lighting fixture shall utilize metal halide light bulb(s) at least one hundred (100) watt capacity.
6.18.14
PARKING AND DRIVEWAYS.
A.
All parking areas shall be graded, curbed, guttered, and paved with concrete.
B.
Each lot shall contain, at a minimum, an amount of parking spaces equivalent to the requirements as provided in Article 7 of this Ordinance. Parking spaces may be approved other than that which is required in the zoning ordinance upon approval of a detailed site plan that provides justification of any revised number of spaces. The approval of parking spaces other than that required by zoning ordinance shall be solely the discretion of the City Council.
C.
No on-street parking shall be permitted on any public street, unless specifically designed as parallel parking outside of the main thoroughfare lanes.
D.
Driveway width shall be no less than twenty-four (24) feet, however upon approval of emergency response authority and subject to approval of the City Council; an alternate plan for driveway width may be approved as submitted on the development plan.
E.
Parking shall not be permitted within the front yard setback of any single-family residential property.
6.18.15
SCREENING STANDARDS.
Unless otherwise approved by the City Council, a six (6) foot screening wall shall be provided between areas developed for residential uses and those areas developed for commercial or industrial uses. The commercial or industrial user shall be responsible for the construction of the screening wall at the time the commercial or industrial property is developed and the screening wall shall only be required adjacent to the specific commercial or industrial property that is being developed.
6.18.16
APPROVAL PROCESS - PD PLANNED DEVELOPMENT.
Every development within the Joshua Station Overlay District shall be reviewed and considered in accordance with the procedures outlined in Section 6.17 PD - Planned Development District of this Ordinance.
6.18.17
SITE PLAN APPROVAL.
Unless otherwise provided for herein, a site plan shall be submitted for review and approval by the City Manager or his/her designee, in accordance with Section 3.3 of this Ordinance. A site plan may be submitted as part of the Planned Development District process that is approved by the City Council upon recommendation of the Planning and Zoning Commission.
6.18.18
VARIANCES AND AMENDMENTS.
Any departure from the regulations contained herein that may be construed to be a variance or amendments shall the considered as an amendment to the JSOD and shall conform to the process for amending zoning districts. Any amendment shall require a public hearing, notification and approval according to the process established for changes of zoning in this ordinance. The Zoning Board of Adjustment shall have no jurisdiction over amendments to the JSOD.
(Ordinance 782-2020 adopted 6/18/20)