(a)

Conformity to Composite Zoning District Requirements. No building or site improvements shall be erected, structurally altered, enlarged, added to, or rebuilt; nor shall any land, building or premises be developed, or designated for use for any purpose or in any manner other than provided for hereinafter in the composite zoning district or PUD district in which the building, land or premises is located, and in the regulations of this ordinance; provided, however, that necessary structural repairs may be made where health and safety are endangered. Furthermore, no open space surrounding any building shall be encroached upon by a structure or reduced in any manner, unless the same shall conform to the regulations herein established.

(b)

Conformity to Other City Ordinances. No building or site improvements shall be constructed, installed, enlarged, erected, converted, reconstructed or altered except in conformance with the entire applicable ordinances and procedures of the City including, but not limited to, the Sign Ordinance, Business Regulations, Building Codes, permit requirements and procedures and the Subdivision Ordinance.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 4, adopted 3/2/17; Ordinance 17-012-00, sec. 5, adopted 3/2/17; Ordinance 17-049-00 adopted 7/20/17; Ordinance 19-044-00, sec. 3, adopted 8/15/19; Ordinance 19-044-00, sec. 4, adopted 8/15/19; Ordinance 20-022-00, sec. 5, adopted 4/21/20)

(a)

Zoning Districts. For the purposes of this ordinance, the City of Leander is hereby divided into composite zoning districts, which contain a use component, a site component and an architectural component. Uses as well as site and architectural regulations within each composite district are restricted solely to those uses and standards expressly permitted in this ordinance. Use components are required to be accompanied by a site component and an architectural component.

Certain uses listed in use components may not be feasible if they require site or architectural features not permitted by the site or architectural component. (Example: Vehicle sales is a permitted use in the GC (General Commercial) use component. However, if GC is not combined with a site component that permits the amount of outdoor display required for vehicle sales, the use may not be feasible. A GC use component combined with a Type 3 site component would limit outdoor display to not more than thirty percent (30%) of the area of the principal building. A Type 4 or Type 5 site component would increase outdoor display which could be more appropriate for a vehicle sales use.) (Example: A fast food restaurant is permitted in an LC (Local Commercial) use component. However, if it is combined with a Type 1 use component, it would not be permitted to have a drive through service lane.)

These examples demonstrate how composite zoning districts can be structured to include uses, site conditions and/or architectural standards appropriate to the context of a particular location.

Each composite district, consisting of three components, is considered a discrete and unique zoning district unto itself. Except for a PUD district, no individual component, whether a use component, a site component or an architectural component, is considered to be a zoning district. The following is a list of all zoning components including use, site and architectural components as well as PUD districts:

(1)

Use Components:

(i)

SFR Single-Family Rural.

(ii)

SFE Single-Family Estate.

(iii)

SFS Single-Family Suburban.

(iv)

SFU Single-Family Urban.

(v)

SFC Single-Family Compact.

(vi)

SFL Single-Family Limited.

(vii)

CH Cottage Housing.

(viii)

SFT Single-Family Townhouse.

(ix)

SFU/MH Single-Family Urban, Manufactured Home.

(x)

TF Two-Family.

(xi)

TH Tiny House.

(xii)

NR Neighborhood Residential.

(xiii)

MF Multifamily.

(xiv)

LO Local Office.

(xv)

LC Local Commercial.

(xvi)

GC General Commercial.

(xvii)

HC Heavy Commercial.

(xviii)

HI Heavy Industrial.

(xix)

PUD Planned Unit Development.

(2)

Site Components:

Type 1 - Utilized with developments not requiring site intensive uses and contains high standards that help to ensure a type and scale of development that is compatible with residential neighborhoods.

Type 2 - Utilized with developments that want to maintain high site standards and do not have a need to utilize the outdoor site area for commercial activities but may need drive-through service lanes.

Type 3 - Utilized with single-family developments that have accessory dwellings, or nonresidential developments that have a need to utilize the outdoor site area for commercial activities such as outdoor fuel sales and/or limited outdoor display, storage and accessory buildings.

Type 4 - Utilized with nonresidential developments that have moderately intense outdoor site requirements and a need to utilize the outdoor site area for significant outdoor display, storage and/or accessory buildings, etc.

Type 5 - Utilized with nonresidential developments that have intense outdoor site requirements and a need to utilize the outdoor site area for maximum outdoor display, storage and/or accessory buildings.

(3)

Architectural Components:

Type A - Includes the highest building standards and a requirement of five different design features.

Type B - Includes high building standards and a requirement of four different design features.

Type C - Includes moderate building standards and a requirement of three different design features.

Type D - Includes moderate building standards and a requirement of two different design features.[,] not facing a street (not applicable to residential uses).

(b)

The following table illustrates the allowable combining options for composite districts. There are over one hundred possible combining options. If an option is not shown as permitted (P), that option is not permitted.

Composite District Combining Options (P - Permitted)

(c)

Zoning Map.

(1)

The location and boundaries of the districts herein established are shown on the Zoning Map, which is attached hereto and hereby incorporated by reference and made a part of this ordinance as Appendix 1. It shall be the duty of the Director of Planning to maintain the Zoning Map together with all notations, references, and other information shown thereon, and all amendments thereto.

(2)

The conversion of districts established prior to the adoption of this ordinance shall be in accordance with, and the zoning map of the City of Leander is hereby amended, as described by the following zoning district conversion chart and statements:

(i)

The portions of Leander Heights (all sections) and High Chaparral that are zoned R-1 are rezoned to SFU/MH-2-B.

(ii)

Grand Mesa at Crystal Falls (all sections) are rezoned to SFR-2-B.

(iii)

Crystal Falls golf course is rezoned to SFR-3-B.

(iv)

Pleasant Hill Estates is rezoned to SFR-3-B.

(v)

Overlook Estates Sections 1 and 2 are rezoned to SFE-2-B.

(vi)

The portions of County Glen (all sections) currently zoned R-1 are rezoned to SFE-2-B.

(vii)

The portions of Highway Village (all sections) currently zoned R-1 are rezoned to SFE-2-B.

(viii)

The portions of Hernandos Hideaway (all sections) currently zoned R-1 are rezoned to SFE-2-B.

(ix)

The portions of El Chaparral with a final plat submitted are rezoned to SFS-2-B.

(x)

The portions of Timberline West (all sections) currently zoned R-1 are rezoned to SFE-2-B.

(xi)

The portion of Ridge Oaks Sec. 1 currently zoned R-1 is rezoned to SFE-2-B.

(xii)

Lakeline Ranch (all sections) and all other properties currently zoned PD shall retain their zoning in all respects as previously approved and shall be denoted as PUD.

(xiii)

The City of Leander property 4.99 acres at 607 Municipal Dr., 2.07 acres at 609 and 701 Municipal Dr., and 3.42 acres west of 701 Municipal Dr. is rezoned to HC-5-D.

(xiv)

The City of Leander property Lot 4, Bagdad Meadows is rezoned to HC-4-D.

(xv)

The City wastewater treatment plant tract is rezoned to HC-5-D.

(xvi)

PEC electrical substation tracts are rezoned to HC-5-D.

(xvii)

Except for SFR districts, all single-family and two-family existing lots and future lots on land that is currently within single-family or two-family districts that back up to or side to a major arterial roadway, or tollway, are rezoned to their respective use and site components as shown in the Zoning District Conversion chart below, or as referenced by the above notations, except that such lots are rezoned to a Type A architectural component.

(d)

District Boundaries. Where uncertainty exists with respect to the boundaries of the established districts as shown on the Zoning Map, the following rules of construction shall apply:

(a)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.

(b)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(c)

Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map.

(d)

In subdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the map.

(e)

In the case of a district boundary line dividing a property into two (2) parts, the district boundary line shall be construed to be the property line nearest the district line as shown unless such dividing line was intended during the zoning of the property.

(f)

Whenever any street, alley or other public right-of-way is vacated by official action of the Council, the district shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

(g)

Where the streets or highways on the ground differ from the streets shown on the Zoning Map, those on the ground shall control.

(e)

Uses Not Permitted in Any District. The following uses are specifically prohibited in all areas of the City:

(1)

Storage, manufacturing, purifying, packaging, repackaging, processing, selling or supplying toxic or highly flammable chemicals, gases or other substances as a primary use regardless of quantities involved.

(2)

Above-ground tank farms for storage of gasoline, fuel oils, gases, propane, chemicals or other flammable, corrosive or toxic substances as a primary use or in total on-site quantities exceeding 30,000 liquid gallons or equivalent.

(3)

Battery manufacturing or recycling; animal feed lots; meat packing (not including processing of game animals); petroleum drilling, refining and terminal storage; plastics manufacturing; pulp/paper manufacturing; rubber manufacturing; tanneries; temporary buildings and structures except those described; toxic waste storage or disposal; vehicle and material recycling (salvage) and reclamation yards; billboards; off-premises signs (except as otherwise approved by the city council); tallow, grease or lard manufacture or refining; liquid asphalt manufacture or refining; coal yard or coke yard; fat rendering; garbage, offal or dead animals reduction or dumping; pot ash works; stock yard or slaughter of animals or fowl; tar distillation or manufacture; mixing plant for concrete, mortar, cement, plaster or paving materials except as temporarily permitted with a specific major project; rock crusher except as temporarily permitted as part of an active permit for a development issued by the city where the material is to be used on site, stone mill; quarry and mining operations; explosives or fireworks manufacture or storage; fertilizer manufacture; acetylene gas manufacture or storage; ammonia, bleaching powder or chlorine manufacture; pyroxlin manufacture; gas manufacture; poison manufacture.

(4)

Other similar uses as determined by the Director of Planning based on the criteria of paragraph (f) below.

(5)

The following uses may be approved as a PUD district but is not permitted in any district:

(1)

A recreational vehicle, mobile home or manufactured home camp or park; and

(2)

An outdoor vendor venue (fixed location).

(f)

Determination of Appropriate District. For uses not classified in this ordinance, the Director of Planning shall work with the property owner to determine the district appropriate for the proposed use, site and architectural improvements. If the proposed use is not substantially similar to a use permitted within the district in which the property is located, or is not substantially similar to a use permitted within another district, or if agreement is not reached, the issue will be submitted to the Commission. The following criteria shall be used to determine the appropriate classification of any use not listed in this ordinance and whether a use is considered principal or accessory:

(1)

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category.

(2)

The relative amount of site area or floor space and equipment devoted to the activity.

(3)

Relative amounts of sales from each activity.

(4)

The customer type for each activity.

(5)

The relative number of employees in each activity.

(6)

Hours of operation.

(7)

Building and site arrangement.

(8)

Vehicles used and their parking requirements.

(9)

The relative number of vehicle trips generated.

(10)

The likely impact on surrounding properties.

(11)

Whether the activity is likely to be found independent of the other activities on the site.

(g)

Minimum Requirements.

(1)

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

(2)

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

(3)

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

(4)

Any use that is not specifically listed as permitted by this ordinance, and is deemed by the Director of Planning as to not be substantially similar in nature to a use specifically listed as permitted, shall be prohibited; unless this ordinance is amended by the City Council to permit such use.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 4, adopted 3/2/17; Ordinance 17-012-00, sec. 5, adopted 3/2/17; Ordinance 17-049-00 adopted 7/20/17; Ordinance 19-044-00, sec. 3, adopted 8/15/19; Ordinance 19-044-00, sec. 4, adopted 8/15/19; Ordinance 20-022-00, sec. 5, adopted 4/21/20)

(a)

Interim Zoning District. All territory hereafter annexed to the City of Leander shall be temporarily classified as SFR-1-B, Single-Family Rural use component, Type 1 site component, Type B architectural component (interim), pending subsequent action by the Commission and Council for permanent zoning. A land owner who is zoned temporarily and has been annexed involuntarily may request permanent zoning for no fee except for direct expenses incurred during the process as long as such application is submitted to the City within two years from the date of involuntary annexation.

(b)

Permits in Interim Zoned Areas. In an area temporarily classified as SFR-1-B (interim), no permits for the construction of a building, site improvements or use of land other than uses allowed in said composite district under this ordinance shall be issued by the City Building Official.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 11-016-00, sec. 3, adopted 6/2/11)