USE COMPONENTS
(a)
Statement of Intent. The Single-Family Rural use component is intended for the development of single-family detached dwellings on lots one acre or larger in size and for other uses that are compatible and complimentary to large lot and very low density residential development. The purpose of this component is to provide regulations to preserve rural character and maintain and protect the City's single-family residences and neighborhoods in an area with larger lot sizes. This component is also intended to preserve the larger tracts of land for future economic development in accordance with the Comprehensive Plan, while permitting rural/agricultural uses on the land to continue.
(b)
Conforming Uses.
(1)
Single-family dwelling of not less than sixteen hundred (1,600) square feet of living area; accessory dwelling with a minimum living area of four hundred (400) square feet; and a maximum living area of nine hundred (900) square feet or 40% of the gross living area of the primary dwelling, whichever is greater. However, for lots greater than three acres in size, there is no limit to the maximum size of the accessory dwelling.
(2)
Community services including community center, civic organizations, fraternal organizations, and cemetery/mausoleum not including a crematory or embalming facilities.
(3)
Golf courses (public and private) and all associated improvements and activities, but not including miniature golf courses, golf practice ranges (unless associated with a golf course), or similar forms of commercial amusement.
(4)
Daycare (in home) for 5 or fewer children.
(5)
Emergency services including fire, police and EMS stations.
(6)
Family Home and Group Home-Class 1.
(7)
Home occupations (see Article IV, Section 8 for Use Standards).
(8)
Parks, playgrounds and associated equipment and facilities, recreational amenity center.
(9)
Place of worship.
(10)
Public buildings, including libraries, museums and administrative offices.
(11)
Real estate sales offices during the development and sale of a residential subdivision and subject to the restrictions contained in this ordinance.
(12)
Schools, public or private, including all levels up to and including secondary (high) school and equivalent curriculum including support facilities are permitted.
(13)
Temporary buildings incidental to construction work on the premises if such buildings are removed upon the completion or abandonment of construction work (see Article IV, Section 7).
(14)
Utilities (minor) including ground mounted service equipment and minor structures and facilities such as poles, minor electrical switching facilities, lift stations, water pump stations and gas regulating facilities.
(15)
Water supply reservoirs and pumping plants when screened from public view.
(16)
Wireless communications facilities (WCFs) attached to street poles or facades attached to nonresidential buildings or stealth WCFs are permitted subject to the provisions of this ordinance. Freestanding WCFs, including lattice towers and monopoles, are prohibited.
(17)
(For lots or tracts three or more acres in size) ranches, dairy farms, stables, riding academies and roping arenas; including the feeding, raising and breeding of agricultural livestock and exotic hoof stock; however, with exception of commercial feed lots which are not permitted, and the exception that not more than one large animal (e.g. a horse, cow, bull or similar animal) or five small animals (e.g. goats, sheep or similar animal) may be permitted for each acre of grazeable land. Grazeable land shall be land that is fenced and maintained with suitable forage for grazing of the particular species. Barns and stables shall not be located within 25 feet of any property line. (See Chapter 2, City Code for animal control regulations).
(18)
Agricultural, small wind energy systems, solar energy systems and rainwater harvesting systems including or similar to:
(i)
As accessory uses, solar energy systems designed to supply energy for use on the premises, and rainwater harvesting systems meeting the standards of Article IV, Section 5 of this ordinance. In addition, if approved with a special use permit, small wind energy systems may be approved as an accessory use if meeting the standards of Article IV, Section 5 of this ordinance.
(ii)
Hunting and/or hunting leases (for lots or tracts three or more acres in size).
(iii)
Farming or truck gardens, limited to the propagation and cultivation of plants.
(19)
Temporary parking associated with model homes and/or sales trailers prior to the completion of model homes. Article IX of this ordinance will apply to temporary parking lots.
(20)
Other similar uses as determined by the Director of Planning (see Article II, Section 2(f)).
(c)
Lot Size Minimum.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Exceptions.
(1)
Streets may be constructed to Alternate Urban Standards without curb and gutter (see Transportation Criteria Manual).
(2)
Sidewalks are not required.
(3)
Dip driveways (without a culvert) are permitted across "bar" ditches if the depth of the water is no greater than one foot during a twenty-five (25) year storm event.
(4)
Street lights are not required.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 14-075-00, sec. 3, adopted 12/4/14; Ordinance 16-065-00, sec. 4, adopted 7/21/16; Ordinance 19-038-00 adopted 8/1/19)
(a)
Statement of Intent. The Single-Family Estate use component provides for the development of single-family detached dwellings on large lots and for other compatible and complementary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in an area with larger lot sizes.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
All uses permitted in the SFR district with the exception that hunting and hunting leases are not permitted.
(2)
Single-family dwelling of not less than sixteen hundred (1,600) square feet of living area, accessory dwelling with a minimum living area of four hundred (400) square feet; and a maximum living area of nine hundred (900) square feet or 40% of the gross living area of the primary dwelling, whichever is greater. However, for lots greater than three acres in size, there is no limit to the maximum size of the accessory dwelling.
(c)
Lot Size Minimum.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Exceptions. The following may be considered by the City Engineer for an SFE component if justified because of steep grades, excessive cut and/or fill requirements, or for tree preservation:
(1)
Alternate Urban Streets (without curb and gutter - see Transportation Criteria Manual) if lots average at least one hundred (100) feet in width.
(2)
Removal of sidewalk requirement for one side of the street if the option of rerouting the sidewalk into a yard area does not alleviate the problem.
(3)
If Alternate Urban Street standards are utilized, dip driveways (without a culvert) are permitted across "bar" ditches if the depth of the water is no greater than one foot during a twenty-five (25) year storm event.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 6, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Suburban use component provides for the development of single-family detached dwellings on intermediate suburban standard sized lots and for other compatible and complementary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas with intermediate lot sizes.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFE" - Single-Family Estate component except that an accessory dwelling is only permitted with a Type 2 or 3 site component unless such lot exceeds the minimum lot size of the SFE district.
(2)
Single-family dwelling of not less than fifteen hundred (1,500) square feet of living area.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 6, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Urban use component provides for the development of single-family detached dwellings on moderate urban standard sized lots and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas with moderate lot sizes. Such components are generally intended to offer variety in housing opportunities and in the fabric of the neighborhoods. In addition, a variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors. This component provides moderate size lots that may serve as a transition between larger lots and higher density areas.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFS" - Single-Family Suburban component except that an accessory dwelling is only permitted with a Type 3 site component unless such lot meets the standards of the SFS or SFE district.
(2)
Single-family dwelling of not less than twelve hundred (1,200) square feet of living area.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, secs. 7, 8, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Compact use component provides for the development of single-family detached dwellings on small lots and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas with small lot sizes. Such components are generally intended to offer variety in housing opportunities and in the fabric of the neighborhoods, and to be developed on a moderate scale with a maximum district size of seventy-five (75) acres. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFU" - Single-Family Urban component
(2)
Single-family dwelling of not less than eleven hundred (1,100) square feet of living area
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 15-018-00, sec. 2, adopted 3/19/15; Ordinance 17-012-00, secs. 9, 10, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Limited use component provides for the development of single-family detached dwellings on small lots, including zero lot line development, and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have small lot sizes and reduced setbacks. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component should be located closer to major intersection. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To be located in planned developments of greater than 100 acres and comprising less than twenty percent (20%) of the lots, or to provide infill opportunities in appropriate areas of the City.
(4)
To include or be located within six hundred feet of parkland or other recreational open space and/or transit opportunities.
(4)
To include or be located within six hundred feet of parkland or other recreational open space and/or transit opportunities.
(5)
Lots may provide access to garages from a rear alley.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFC" - Single-Family Compact component[.]
(2)
Single-family dwelling of not less than nine hundred (900) square feet of living area[.]
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 13-026-00, sec. 3, adopted 3/21/13; Ordinance 15-018-00, sec. 3, adopted 3/19/15; Ordinance 17-012-00, sec. 11, adopted 3/2/17; Ordinance 19-033-00, sec. 2, adopted 7/9/19; Ordinance 20-022-00, sec. 6, adopted 4/21/20)
(a)
Statement of Intent. The Single-Family Townhouse use component provides for the development of single-family attached dwellings on very small sized lots and for other uses that are compatible and complimentary to attached residential development. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition and serve as a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities and in the fabric of the neighborhoods.
(3)
To include or be located within six hundred feet of parkland or other recreational open space.
(4)
To be located in planned communities of greater than 100 acres and comprising less than ten percent (10%) of the lots, or to provide infill opportunities in appropriate areas of the City such as in areas under transition.
(5)
Lots may provide access to garages from a rear alley.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFL" - Single-Family Limited component.
(2)
Single-family dwelling of not less than seven hundred (700) square feet of living area.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(2)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Miscellaneous Standards.
(1)
A maximum of eight townhouse units may be connected.
(2)
Units shall have a common wall or be separated by at least twenty feet from an adjacent unit.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 15-018-00, sec. 4, adopted 3/19/15; Ordinance 17-012-00, sec. 12, adopted 3/2/17; Ordinance 19-033-00, sec. 3, adopted 7/9/19)
(a)
Statement of Intent. The Single-Family Urban, Manufactured Home component provides for the development of single-family homes and manufactured homes on moderate sized lots and for other uses that are compatible and complimentary to such uses on moderate sized lots. Such components are also intended to create more variety in housing opportunities. In addition, a variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors. This component provides moderate size lots that may serve as a transition between larger lots and higher density areas.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFU" Single-Family Urban component.
(2)
Existing mobile homes, provided that no mobile home shall be hereafter placed or installed on any lot, tract or parcel of land within the City.
(3)
Manufactured homes (they are exempt from architectural component requirements and architectural standards except as required in this section).
(4)
Municipal buildings.
(5)
Tiny Houses in compliance with Section 11 of this ordinance.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Authorized in Specified Areas. No manufactured home shall be located in any use component other than SFU/MH except that manufactured homes shall be an additional permitted use in any zoning classification within the following geographic areas of the City: Leander Heights Subdivision, Section 1, 2 and 3; and High Chaparral Subdivision.
(e)
Miscellaneous Standards for the SFU/MH district and any district within the Leander Heights Subdivision, Sections 1, 2 and 3 and High Chaparral Subdivision. All primary single-family and duplex structures other than manufactured homes shall comply with the applicable architectural component. All manufactured homes shall meet the following standards and are not required to meet the exterior wall standards of the applicable architectural component.
(1)
Manufactured homes must have a minimum of seven hundred and twenty (720) square feet of living area.
(2)
Manufactured homes must be skirted within ninety (90) days from date installed.
(3)
Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.
(4)
No outside horizontal dimension of the building shall be less than fourteen (14) feet, except for original extensions of subsequent additions containing less than fifty percent (50%) of the total enclosed floor area.
(5)
The exterior siding material, excluding skirting, shall be nonmetallic.
(6)
The structures shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the Federal Construction and Safety Standards in effect on the date of manufacture, or other such applicable standards as required by State or Federal law. Any such structure without such certification, but meeting all other requirements, may be accepted as safe and quality construction provided it meets the following criteria:
(i)
All electrical material, devices, appliances and equipment are in sound and safe condition. Aluminum conductors are not permitted.
(ii)
All mechanical systems including space and water heating, are in sound and safe condition.
(iii)
All plumbing, gas piping and wastewater systems are in sound and safe condition.
(iv)
The unit is in sound and safe structural condition. Uncompressed finish floorings greater than 1/8 inch thickness beneath loadbearing walls that are fastened to the floor structure are not acceptable. A structure that shows signs of fire damage will not be acceptable.
(v)
The determination of the foregoing acceptance of any noncertified unit shall be made by the Building Official and/or Fire Chief.
(7)
Manufactured homes shall be installed in accordance with the following criteria:
(i)
By a person licensed by the State of Texas in compliance with state law, or the frame shall be supported by, and tied to, a foundation system capable of safely supporting the loads imposed as determined from the character of the soil. The minimum acceptable foundation design shall be a series of eight-inch solid grout-filled concrete block piers spaced no more than eight feet on center and bearing on minimum 12" x 12" solid concrete footings. A tie-down and anchoring system separate and apart from the foundation ties shall be provided as recommended by the manufacturer, if different from the foundation ties.
(ii)
Axle and hitch assemblies shall be removed at the time of placement on the foundation.
(iii)
Each manufactured home shall be totally skirted with metal, masonry, pressure-treated wood, or other nondegradable material which is compatible with the design and exterior materials of the primary structure.
(iv)
Electrical power supply shall be from a meter installation on the manufactured home, or from a permanent meter pedestal.
(v)
Garage and carport additions are permitted, provided they cover a paved parking area and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
(vi)
Patio and porch covers are permitted, provided they cover an improved patio, deck or porch and meet the minimum building setback requirements.
(vii)
Living area additions are permitted provided they meet the minimum building requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.
(viii)
All accessory structures and additions shall comply with all applicable City ordinances.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 05-018-17 adopted 8/3/06; Ordinance 17-012-00, sec. 13, adopted 3/2/17; Ordinance 19-044-00, sec. 5, adopted 8/15/19)
(a)
Statement of Intent. The Two-Family use component provides for the development of two-family dwelling structures on intermediate sized lots and for other uses that are compatible and complimentary to intermediate sized lots and two-family dwellings. Such components are generally intended to provide an orderly transition and serve as a buffer between larger lot neighborhoods and more intensive uses and to create more variety in housing opportunities and in the fabric of the neighborhoods. The goal is to avoid more than ten acres of contiguous land having a two-family component. This component should include or be located within six hundred feet of parkland or other recreational open space. To avoid street congestion due to additional on-street parking, access to lots shall be provided by a street with a ROW of fifty-six (56) feet or greater and a pavement width of thirty-six (36) feet or greater unless lots average at least one hundred feet in width or unless garage access is from an alley. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors, and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFS" - Single-Family Suburban component[.]
(2)
One or two single-family dwellings with a minimum living area of twelve hundred (1,200) square feet per dwelling.
(3)
Two (2) family dwellings, minimum living area - nine hundred (900) square feet per dwelling.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking. A minimum of one garage-enclosed parking space shall be provided for each dwelling unit. At least two additional off-street parking spaces are required to be provided for each unit and may be tandem parking spaces located on the driveway.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 14, adopted 3/2/17)
(a)
Statement of Intent. The Cottage Housing use component provides for the development of multiple single-family detached dwellings on one lot and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have cottage style development. This use component provides for greater flexibility in designing and placing structures while preserving open space, trees, and shared common areas. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To include or be located within six hundred (600') feet of shared amenity space. Shared amenity space may include parkland, recreational improvements, amenity centers, or other similar uses.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFL" - Single-Family Limited component,
(2)
One (1) or more detached single-family dwellings per lot and associated amenities with a limit of eight (8) dwellings per acre. The minimum dwelling size shall be no less than nine hundred (900) square feet of living area.
(c)
Lot/Building Envelope Size.
(d)
Development Design Standards.
(1)
A site plan shall be required.
(2)
Private drives shall provide access to each cottage house. Private drives shall be considered streets for the purposes of the setback requirements.
(e)
Enclosed Garage and Parking.[2]
(1)
Dwelling units with more than three bedrooms: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per dwelling.
(2)
Dwelling units with three or fewer bedrooms: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each dwelling.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(4)
Private drives shall constitute streets for the purposes of the application of Art. VIII Sec. 5(j).
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.) [3]
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 20-022-00, sec. 7, adopted 4/21/20)
Editor's note— Original has this as subsection (d).
Editor's note— Original has this as subsection (e).
(a)
Statement of Intent. The Tiny House use component provides for the development of smaller detached single-family homes on one lot and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have tiny houses. This use component provides for greater flexibility in the size of houses. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To include or be located within six hundred (600') feet of shared amenity space. Shared amenity space may include parkland, recreational improvements, amenity centers, or other similar uses.
(4)
To be located in planned developments of greater than twenty-five (25) acres and comprising less than twenty percent (20%) of the lots, or to provide infill opportunities in appropriate areas of the City.
(5)
To be located in close proximity to existing or proposed community services including, but not limited to grocery stores, restaurants, laundromats, etc.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
One (1) Tiny House per lot and associated amenities. The minimum dwelling size shall be no less than one hundred forty (140) square feet and no more than seven hundred (700) square feet of living area.
(2)
Multiple Tiny Houses per lot as long as the number of houses does not exceed the utility capacity of water and wastewater services to the lot.
(c)
Lot Size.
(d)
Development Design Standards.
(1)
Tiny Houses shall have a minimum of one hundred forty (140) square feet of living area and no more than seven hundred (700) square feet.
(2)
Tiny Houses shall be permanent structures that are constructed on or off site and shall be mounted to a permanent foundation.
(3)
Tiny Houses shall be installed in accordance with the following criteria:
(i)
Each Tiny House is required to have a driveway and an address. Alternative materials such as ribbon driveways, crushed granite with ribbon curbs, or other material as approved by the Director of Planning are permitted as long as the driveway is in compliance with the Fire Code.
(ii)
Garage and carport additions are permitted, provided they cover a paved parking area or other approved material as listed above and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
(iii)
Parking areas may be asphalt, concrete, crushed granite with a concrete ribbon curb, or other similar material approved by the Director of Planning.
(iv)
Patio and porch covers are permitted, provided they cover an improved patio, deck or porch and meet the minimum building setback requirements.
(v)
Each Tiny House shall be connected to City Utilities including water and wastewater.
(vi)
Tiny Houses may be constructed of any materials compliant with the Type B Architectural Component, cementious siding, or other similar material approved by the Director of Planning.
(4)
Multiple Tiny Houses on one (1) lot shall comply with the above and the following:
(i)
Each house shall have a driveway access off of public ROW, a private street, and/or a private drive.
(ii)
The total number of Tiny Houses shall not exceed eight (8) units per acre or exceed the utility capacity of water and wastewater services to the lot, whichever density is less.
(5)
A minimum of two hundred (200) square feet of exterior open space is required per unit. This space must be a minimum of ten (10') feet wide.
(6)
A site plan shall be required.
(e)
Parking.
(1)
A minimum of one off-street parking space (driveway may be counted toward provision of off-street parking) shall be provided for each dwelling.
(2)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 17-012-00, sec. 16, adopted 3/2/17; Ordinance 20-022-00, sec. 8, adopted 4/21/20)
(a)
Statement of Intent. The Neighborhood Residential use component provides for the development of small scale multifamily attached or detached dwellings on one lot and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have higher density residential development. This use component allows for a variety of single-family and/or multifamily dwellings with gross densities based on the form of the building. The design of multifamily development, including building appearance, location of parking, setbacks, and landscaping, should be complementary to the existing neighborhood and mix of dwelling types. This district may be applied to existing neighborhoods to create a transition between single and two-family areas and higher density mixed residential or multifamily areas. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between single-family and two-family areas and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To include or be located within six hundred (600') feet of parkland or other recreational open space and/or transit opportunities.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFL" - Single-Family Limited component,
(2)
One (1) Dwelling that may include multiple units on one (1) lot or tract, with a minimum living area in compliance with the Building Code and any associated amenities.
(3)
Tiny Houses in compliance with Section 11 of this ordinance; one (1) Tiny House per lot or multiple Tiny Houses per lot as long as the number of houses does not exceed the utility capacity of water and wastewater services to the lot.
(c)
Lot Size.
(1)
The maximum lot size shall not exceed two (2) times the lot size of any adjacent lots zoned for single-family residential. The maximum lot size shall comply with the following when adjacent to all other districts.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with more than three bedrooms: A minimum of one enclosed garage parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per unit.
(2)
Dwelling units with three or less bedrooms: A minimum of one enclosed garage parking space and one additional off-street parking space (driveway may be counted toward provision of off-street parking) shall be provided for each unit.
(3)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 17-012-00, sec. 16, adopted 3/2/17; Ordinance 20-022-00, sec. 9, adopted 4/21/20; Ordinance 21-024-00, sec. 2, adopted 4/1/21)
(a)
Statement of Intent. The Multifamily use component provides for the development of multifamily dwelling structures. Such components are generally intended to serve as a buffer between single-family neighborhoods and more intensive uses such as commercial uses or arterial roadways. Such components are also intended to create more variety in housing opportunities and in the fabric of the community but are intended to be utilized in small areas to avoid large tracts devoted to strictly multifamily residential development. The goal is to avoid more than twenty-five (25) acres of contiguous land having a Multifamily component. Access should be provided by a collector or higher classification street. No new MF zoning shall be permitted after the effective date of this chapter unless approved as part of a Planned Unit Development (PUD) which includes the MF use component as part of a mixed use development.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Three or more dwellings on one lot or tract, attached or detached, with a minimum living area of five hundred (500) square feet per dwelling unit for efficiency units, six hundred fifty (650) square feet per dwelling unit for one-bedroom units, eight hundred fifty (850) square feet per dwelling unit for two-bedroom units and one hundred fifty (150) additional square feet for each bedroom thereafter.
(2)
All uses permitted in the LC - Local Commercial use component with the following conditions:
(i)
Such uses shall not exceed seven percent (7%) of the gross floor area of all multifamily building square footage on the lot.
(ii)
Such uses shall not be located in "stand-alone" buildings but shall be seamlessly integrated with multifamily units, or community/recreation facilities associated with the multifamily development, in buildings having the same residential architectural style, materials, layout and setting as the remainder of the buildings on the site.
(iii)
The lot shall have frontage on an arterial roadway or tollway or the corner of two collector streets.
(3)
Family Home, Group Home-Class 1.
(4)
All nonresidential uses permitted in the SFR district. [4]
(c)
Density.
(1)
The density shall not exceed eight (8) units per acre unless the following conditions are met:
(i)
If the exterior surface area of buildings/structures are comprised of at least one hundred (100%) percent Masonry and comply with the Type A Architectural Component, then the density may be increased to up to twenty-five (25) units per acre.
(ii)
If the exterior surface area of buildings/structures are comprised of at least eighty-five (85%) percent Masonry for first story walls and fifty (50%) percent Masonry for each additional story; and comply with the Type B Architectural Component, then the density may be increased to up to eighteen (18) units per acre.
(d)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(6)
Parkland Dedication and Park Improvements as required by Sec. 61 of the Subdivision Ordinance.
(Ordinance 05-018-30, secs. 5, 6, adopted 2/15/07; Ordinance 11-014-00, sec. 6, adopted 6/2/11; Ordinance 11-015-00, sec. 4, adopted 6/2/11; Ordinance 19-044-00, sec. 6, adopted 8/15/19; Ordinance 20-022-00, sec. 10, adopted 4/21/20)
Editor's note— Original has this as subsection (3).
(a)
Statement of Intent. The Local Office use component allows for the development of small scale, limited impact office uses or similar uses which may be located adjacent to residential neighborhoods. Access should be provided by a commercial street or higher classification street. This component is intended to help provide for land use transitions from local or general commercial or from arterial streets to residential development.
(b)
Conforming Uses. Certain uses listed in this use component may also need to be supported by an appropriate site component in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any residential use if such use was established on the property as of September 1, 2005, the effective date of this ordinance.
(2)
Group Home-Class 3 with approval of a Special Permit, Family Home, Group Home-Class 1 and Group Home-Class 2.
(3)
Community services including community center and civic and fraternal organizations.
(4)
Day care centers and group day care homes.
(5)
Mobile Food Establishment Park (Special Use Permit is required, see Article IV, Section 10 for Use Standards).
(6)
Mobile Food Establishment Temporary Use (See Article IV, Section 10 for Use Standards).
(7)
Nonresidential uses permitted in the "SFE" component.
(8)
Office including professional offices, medical offices, public offices, etc.
(9)
Parks, playgrounds, community buildings, amenity center and other recreational facilities.
(10)
Place of worship.
(11)
Public buildings, including libraries, museums and administrative offices.
(12)
Residential may be located above the first floor; one residential unit per lot, or multiple residential units comprising less than ten percent (10%) of the ground floor area, whichever is greater, may be located on the first floor of a business or other use located on the site. The minimum living area for a residential use is five hundred (500) square feet for an efficiency unit, six hundred fifty (650) square feet per dwelling unit for one-bedroom units, eight hundred fifty (850) square feet per dwelling unit for two-bedroom units and one hundred fifty (150) additional square feet for each bedroom thereafter.
(13)
Schools, public or private up to and including secondary (high) school and equivalent curriculum including support facilities are permitted.
(14)
Veterinarian office (no animal hospital or outdoor boarding facilities).
(15)
Wireless communications facilities subject to the provisions of this ordinance.
(16)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2, (f).
(c)
Hours of Operation. Hours of operation to the general public shall be between 7:00 a.m. to 10:00 p.m. Sunday through Thursday, and between 7:00 a.m. and 11:00 p.m. Friday and Saturday (except for emergency services, public property and facilities or any activity not open to the public).
(d)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A, B or C - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 11-014-00, sec. 7, adopted 6/2/11; Ordinance 12-006-00, sec. 3, adopted 2/2/12; Ordinance 20-022-00, sec. 11, adopted 4/21/20; Ordinance 22-042-00 adopted 5/5/22)
(a)
Statement of Intent. The Local Commercial use component allows for the development of small scale, limited impact commercial, retail, personal services and office uses located in close proximity to their primary customers, which cater to the everyday needs of the nearby residents, and which may be located near residential neighborhoods. Access should be provided by a commercial street or higher classification street.
(b)
Conforming Uses. Certain uses listed in this use component may also need to be supported by appropriate site components in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "LO" Local Office component.
(2)
Artisan and handcraft activities and sales if such activities are located completely within an enclosed structure except for specific activities as provided in the applicable site component.
(3)
Bank or other lending institution (Note that drive-through service lanes are permitted only if provided in the applicable site component).
(4)
Bed and breakfast.
(5)
Colleges, universities, vocational schools or other institutions of higher learning including related facilities.
(6)
Cultural facilities including art gallery, museum, dancing or music academy, fitness center, martial arts academy, photographic or artist studio.
(7)
Florist shop, greenhouse or nursery.
(8)
Funeral home, including embalming facilities associated with an on-site funeral home or cemetery, but no crematory.
(9)
Grocery and dry goods sales including convenience stores (Note: Refer to Type 3 site component for outdoor fuel sales).
(10)
Medical clinics.
(11)
Personal services including, but not limited to, barbershops, beauty parlors, tailoring, dressmaking, shoe repair, small appliance repair, bicycle repair, retail bakeries, catering and, under the following conditions, dry cleaning and laundry (including self-service):
(i)
Dry cleaning machines shall be an EPA-approved non-vent unit and have an enclosed trough to accommodate any solvent spill.
(ii)
Solvent use shall be wet system utilizing only water and detergents or PERC systems, which is nonflammable perchloroethylene, and which is limited to 50 gallons on-site at any one time. Other alternative solvent may be considered (e.g. D-5) by the Director of Planning on a case-by-case basis.
(iii)
No fumes, odor or noise shall be detectable beyond the premises of the business.
(iv)
No chemical discharge shall be allowed into an organized central sewer system or private septic disposal system unless such system is a wet system utilizing only water and detergents.
(v)
There shall be a maximum of 1,800 square feet for the gross area of the business.
(vi)
Dry clean processing is limited to on-site business, not trucked-in processing.
(vii)
Used chemicals and filters shall be disposed of weekly or after every 8,000 pounds of processing and be transported by a state-licensed disposal company.
(12)
Pharmacies.
(13)
Restaurants.
(14)
Retail sales of new product and services.
(15)
Smoke Shop, provided that Smoke Shops shall be located a minimum of 1,000 feet from a public or private school measured from property line to property line.
(16)
Vape Shop, provided that Vape Shops shall be located a minimum of 1,000 feet from a public or private school measured from property line to property line.
(17)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2, (f).
(c)
Hours of Operation. Hours of operation to the general public shall be between 5:00 a.m. to 10:00 p.m. Sunday through Thursday, and between 5:00 a.m. and 11:00 p.m. Friday and Saturday except for emergency services; public property and facilities; any activity not open to the public; and fitness centers or gymnasiums to which access between the hours of 10:00 p.m. and 5:00 a.m. is restricted to persons who have a current contract for membership to such fitness center or gymnasium, and no business transactions or any organized instructional activities take place during such hours.
(d)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A, B or C - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 06-034-00 adopted 9/21/06; Ordinance 05-018-30, sec. 9, adopted 2/15/07; Ordinance 12-006-00, sec. 4, adopted 2/2/12; Ordinance 20-022-00, sec. 12, adopted 4/21/20; Ord. No. 24-055-00, § 3, 6-20-2024)
(a)
Statement of Intent. The General Commercial use component allows for the development of small to large scale commercial, retail, and commercial service uses located in high traffic areas. Access to this component should be provided by an arterial street. The heaviest concentration of this component should be located at intersections of arterial streets.
(b)
Conforming Uses. Certain uses listed in this use component also need to be supported by an appropriate site component in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "LC" - Local Commercial component with no limit in square footage.
(2)
Animal hospital, veterinarian, animal boarding including a crematory associated with such use on site, or a crematory associated with a cemetery, as long as the crematory stack is located at least two hundred feet (200') from a restaurant, or associated parking, or a residential zoning district (unless such district is utilized for nonresidential uses). Any commercial enterprise which includes an outdoor animal yard or any other commercial un-soundproofed animal area containing five or more animals is required to be at least two hundred feet (200') from any residential district (unless such district is utilized for nonresidential uses) and is required to be combined with a Type 4 or 5 site component.
(3)
Assisted Living or Nursing Home.
(4)
Banquet hall or events center.
(5)
Bar, nightclub or private club.
(6)
Boutique hotel.
(7)
Cosmetic Services.
(8)
Entertainment venues including bowling alleys, golf practice ranges, miniature golf establishments, theaters, amusement parks, arcades, arenas, stadiums, gymnasiums, skating rinks, commercial sports venues, indoor shooting range, etc. (Note that outdoor entertainment venues involving substantial outdoor equipment, unshielded stadium lighting, noise generation, outdoor amplified sound systems or similar conditions such as golf practice ranges open at night, sports stadiums, amusement parks, rodeo arenas, etc. require a Type 4 or 5 site component).
(9)
Equipment and furniture or other similar goods sales, repair and service.
(10)
Extended stay hotel.
(11)
Farms or truck gardens, limited to the propagation and cultivation of plants and provided further that no poultry or livestock shall be housed within two hundred (200) feet of any property line.
(12)
Full service hotel.
(13)
Grocery and dry goods sales.
(14)
Hospital and other major medical facilities.
(15)
Hotel/Motel, boarding houses.
(16)
Indoor theater.
(17)
Limited service hotel.
(18)
Liquor store.
(19)
Funeral home, including embalming and crematory facilities associated with an on-site funeral home or cemetery, as long as the crematory stack is located at least two hundred feet (200') from a restaurant, or associated parking, or from a residential zoning district (unless such district is utilized for nonresidential uses).
(20)
Manufactured housing sales and accessory building sales.
(21)
Office/warehouse including painting, plumbing or other similar commercial service.
(22)
Pet shop.
(23)
Research, testing, and development laboratory.
(24)
Retail sales of new products and services.
(25)
Transportation related facilities including commercial parking lots, passenger terminals, taxicab stations and mass transit terminals.
(26)
New vehicle and major equipment sales, rental or leasing, repair of new or used vehicles, body shop (Small engine repair shops and motorcycle repair shops shall not be permitted within one hundred fifty (150) feet of a residential district unless such repairs are conducted totally within a fully enclosed building).
(27)
Wholesale activities with less than 3,500 square feet of gross area of the business.
(28)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2, (f).
(c)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2, 3, 4 or 5 - and an architectural component - Type A, B, C or D - must be combined with this use component).
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 12-042-00, secs. 3—5, adopted 9/6/12; Ordinance 14-001-00, sec. 2, adopted 1/2/14; Ordinance 14-075-00, sec. 4, adopted 12/4/14; Ordinance 20-022-00, sec. 13, adopted 4/21/20; Ord. No. 24-065-00, § 4, 7-18-2024)
(a)
Statement of Intent. The Heavy Commercial use component allows for the development of a variety of light manufacturing, assembly and processing businesses, storage, warehouses and lumber sales. Access should be provided by an industrial or commercial collector street.
(b)
Conforming Uses.
(1)
Any use permitted in the "GC" component.
(2)
Bingo.
(3)
Car Title Loans Shop/Business.
(4)
Commercial laundry.
(5)
Contractor and building material storage.
(6)
Gaming Room Facility/Gaming Device.
(7)
Hooka Lounge.
(8)
Lounge.
(9)
Manufacture, assembly or processing of materials not classified as hazardous by the Fire Chief.
(10)
Mini-warehouse or self-service storage facilities (required to be set back at least four hundred (400) feet from a tollway, highway or arterial roadway or such facilities include exterior warehouse doors), warehouse and distribution, commercial storage. If the exterior surface area of all walls are comprised of one hundred (100%) percent Masonry and comply with the Type A architectural component, then Mini-warehouse or self-service storage facility is permitted without the required four hundred (400) foot setback.
(11)
Pawn Shop.
(12)
Payday Lending Business.
(13)
Research, Testing, and Development Laboratory (Intense).
(14)
Retail sales, secondhand resale, and services.
(15)
RV, trailer, commercial motor vehicle and boat outdoor storage (required to be set back at least four hundred (400) feet from a tollway, highway or major arterial roadway) (Note: refer to Article VI, Section 9 for rules on special vehicle storage).
(16)
Tattoo and/or Body Piercing Parlor.
(17)
Utilities, including ground mounted service equipment and structures as a primary use and facilities such as poles, electrical switching facilities, lift stations, water pump stations, gas regulating facilities, electrical substations, generating plants, wastewater and water treatment plants, etc. (see screening requirements in Article VI, Section 1).
(18)
Vehicle and major equipment sales, rental or leasing, repair, body shop (Small engine repair shops and motorcycle repair shops shall not be permitted within one hundred fifty (150') feet of a residential district unless such repairs are conducted totally within a fully enclosed building).
(19)
Warehouse and distribution.
(20)
Wood yard.
(21)
Wholesale activities.
(22)
Wrecker Impoundment, Towing (required to be set back at least four hundred (400) feet from a tollway, highway or major arterial roadway).
(23)
Stand alone crematory or embalming establishment as long as the crematory stack is no closer than 200' from a restaurant or associated parking or from a residential district (unless such district is utilized for nonresidential uses).
(24)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Section 2(f).
(c)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2, 3, 4 or 5 - and an architectural component - Type A, B, C or D - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 16-065-00, sec. 5, adopted 7/21/16; Ordinance 19-044-00, sec. 7, adopted 8/15/19; Ordinance 20-022-00, sec. 14, adopted 4/21/20; Ord. No. 24-055-00, § 4, 6-20-2024)
(a)
Statement of Intent. The Heavy Industrial use component allows for the development of outdoor processing (when associated with a Type 5 site component) and large scale manufacturing, assembly and processing businesses. Access should be provided by an industrial or commercial collector street.
(b)
Conforming Uses. Certain uses listed in this use component also need to be supported by an appropriate site component in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "HC" component except for residential uses qualified below.
(2)
Manufacture, assembly or processing of materials.
(3)
One residential unit per lot may be located on any floor level of a business or other use located on the site. The minimum living area is five hundred (500) square feet for an efficiency unit, six hundred fifty (650) square feet per dwelling unit for one-bedroom units, eight hundred fifty (850) square feet per dwelling unit for two-bedroom units and one hundred fifty (150) additional square feet for each bedroom thereafter.
(4)
Outdoor processing of materials except those prohibited by this ordinance or similar uses if combined with the Type 5 site component.
(5)
Sexually oriented businesses as permitted by City regulations (required to be set back at least four hundred (400) feet from a tollway, highway or major arterial roadway.
(6)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2(f).
(c)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2, 3, 4 or 5 - and an architectural component - Type A, B, C or D - must be combined with this use component).
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 14-004-00, secs. 4, 5, adopted 2/20/14)
(a)
Purpose and Objectives. The purpose and intent of the Planned Unit Development (PUD) district is to create unified standards for development in order to provide flexible, customized zoning and, where requested by the applicant, subdivision standards to encourage imaginative and innovative designs for the development of property in the City consistent with this ordinance and accepted urban planning principles in accordance with the City of Leander Comprehensive Plan. The PUD rules are designed:
(1)
To allow development which is harmonious with nearby areas;
(2)
To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;
(3)
To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space and lower construction and maintenance costs;
(4)
To encourage harmonious and coordinated development by developing plans that better address natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;
(5)
To enable productive development of land with unusual physical or location characteristics that may not be feasible under standard zoning district regulations;
(6)
To facilitate the development of the tax base, the local economy, population and public facilities and provide additional protections to the environment;
(7)
To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district;
(8)
To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development;
(9)
To allow multifamily projects as part of mixed use projects that integrate commercial, retail, and entertainment uses as part of a master plan; and
(10)
To provide a cohesive development of contiguous properties.
Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the City's Comprehensive Plan and this ordinance, and to that end the PUD plan shall be prepared and approved in accordance with the provisions of this ordinance.
(b)
Mixed Use Development.
(1)
The PUD district may include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial uses within a single project in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the City. In order to promote such development, the PUD may be comprised of a combination of components provided for in this ordinance. The outer boundary of each such PUD district shall be shown on a Conceptual Site Layout and Land Use Plan, as will the area for each separate proposed zoning use. Zoning uses may also be vertically integrated within a building or area and denoted on the plan. Said plan shall include a descriptive legend, the specific boundaries of the area proposed for authorized use in any other zoning district, the percentage of the total area of such PUD which will comprise each such separate use, and all notations, references, and other information shown thereon. The Conceptual Site Layout and Land Use Plan shall be adopted by ordinance as an integral part of the PUD and, to the extent feasible, contain all notes and standards of the PUD.
(2)
PUD districts that include the MF use component shall incorporate multi-family units as upper-floor dwellings in a vertically mixed-use building and shall include the following:
(i)
Building Types. Vertical mixed-use buildings shall include ground floor devoted to retail, service, office, or institutional uses. Residential uses are only permitted on the upper floors. Multi-family amenities such as leasing offices, laundry facilities, and gyms shall not count towards the retail, service, office, or institutional requirements.
(ii)
Parking. All parking shall be provided using structured parking as part of a Wrapped Building.
(iii)
Public Space. Public spaces such as parks and plazas shall be integrated into the project.
(3)
PUD districts that include other residential use components with the intent to develop a residential condo regime shall include the following:
(i)
Residential condo regime or Townhouse development may be part of a planned development that is greater than 100 acres in size and may comprise no more than twenty (20%) percent of the land area; or the size of the development shall be limited to sixty (60) acres in size.
(ii)
Density. The development shall not exceed ten (10) units per acre and shall maintain similar lot size to the base zoning district.
(iii)
Parking. Parking requirements shall be similar to the base zoning district and enclosed garage parking spaces shall be provided.
(iv)
Public Space. Public spaces such as parks shall be integrated into the project.
(c)
Flexible Planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances. Final approval of a PUD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PUD, as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.
(d)
Rules Applicable. The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission (Commission), may attach a PUD district designation to any tract of land in the City. In approving a PUD, the City Council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including land use limitations and standards and regulations for items listed below. Under the PUD designation the following rules apply:
(1)
The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the City Council, and no such approval will be inferred or implied.
(2)
Permitted uses and other standards are those as specified in a base zoning district or other sections of the Zoning Ordinance with additions or deletions as described on a Conceptual Site Layout and Land Use Plan.
(3)
A PUD district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting, etc. would create a protective transition between a lesser and more restrictive district.
(4)
In approving a PUD, additional uses not permitted in the base zoning district(s) may be permitted, and specific permitted uses may be prohibited.
(5)
All properties included within a PUD shall be contiguous.
(6)
Standards required by the base zoning district(s) apply in a PUD except that the following regulations and standards may be varied in the adoption of the PUD provided that the plan is consistent with sound urban planning and engineering practices:
(i)
Front, side and rear setbacks;
(ii)
Maximum height;
(iii)
Lot coverage;
(iv)
Off-street parking (a PUD may propose a shared parking agreement, use limitations or other proposal to reduce off-street parking requirements);
(v)
Special district requirements pertaining to the base zoning;
(vi)
Lot size including, but not limited to, lot and yard area, widths and depths;
(vii)
Accessory buildings and uses;
(viii)
Signage;
(ix)
Landscaping and tree preservation;
(x)
Architectural, building materials and colors;
(xi)
Outdoor lighting;
(xii)
Screening and buffering;
(xiii)
Fencing;
(xiv)
Noise;
(xv)
Outdoor display and storage;
(xvi)
Hours of operation;
(xvii)
Land use intensity and density;
(xviii)
Project phasing and scheduling;
(xix)
Management associations;
(xx)
Building square footage;
(xxii)
Other similar standards.
(7)
Standards required by the Subdivision Ordinance apply in a PUD except that the following regulations and standards may be varied in the adoption of the PUD provided that the plan is consistent with sound urban planning, engineering and architectural design practices:
(i)
Procedure;
(ii)
Street widths and cross-section design;
(iii)
Blocks and lots;
(iv)
Transportation criteria;
(v)
Parkland and facilities dedication; open spaces;
(vi)
Other similar standards.
(8)
In approving a PUD, no standards shall be modified unless such modification is expressly permitted by this ordinance, and in no case shall standards be modified when such modifications are prohibited by this ordinance or may negatively impact the health, safety and welfare of the public. PUDs approved before April 1, 2019 shall comply with the masonry requirements set forth in the Composite Zoning Ordinance in effect before the effective date of Ordinance No. 19-044-00 or the masonry requirements set forth in the PUD, if masonry requirements were modified by the PUD.
(9)
The PUD shall result in overall higher standards than what would be provided by the base zoning district. As examples: (1) if residential lot sizes are decreased or development densities are increased, the PUD will be expected to significantly exceed other standards such as parkland and facilities dedication, landscaping, architectural controls, thoroughfare or other transportation improvements, creation of unique characteristics of the neighborhood, retention of significant trees and/or provision of public facilities, etc., or (2) if building/development setbacks are proposed to be decreased, other standards would be expected to be increased such as landscaping, screening, retention of significant trees, architectural controls, land uses and/or unique site layout standards, etc. Other examples may include:
(i)
Designating the Type A Architectural Component;
(ii)
Adding additional architectural features;
(iii)
Provide a master architectural and signage plan that includes a cohesive materials palette;
(iv)
Enhanced landscaping and/or trees;
(v)
Increased landscape area;
(vi)
Masonry perimeter walls for subdivisions;
(vii)
Provide brick or stone instead of decorative concrete panels for screening walls;
(viii)
Plant street trees;
(ix)
Provide more parkland dedication;
(x)
Increase recreation improvements;
(xi)
Trails system in greenbelt areas;
(xii)
Provide a Master Sign Plan including: proposed locations, provide cohesive materials palette, design specifications for signage, type of illumination;
(xiii)
Limit fencing to wrought iron or decorative tubular metal fencing along greenbelt lots;
(xiv)
Provide unique characteristics of a neighborhood with a unique site layout;
(xv)
Include a mixture of uses;
(xvi)
Provide public spaces; or
(xvii)
Incorporate public art.
(10)
If the PUD is proposed to be developed in multiple phases, the phasing of improvements shall reflect consideration toward establishing important PUD objectives such as screening, landscaped areas, open space and recreational areas and amenities, necessary transportation improvements, and protections against negative impacts and safety features in the early phases of the PUD.
(e)
Conceptual Site Layout and Land Use Plan. A Conceptual Site Layout and Land Use Plan of the entire property within the PUD will be considered by the Commission prior to any recommendation to, or consideration by, the City Council of the PUD district ordinance. A Conceptual Site Layout and Land Use Plan may also be considered as a Concept Plan and Preliminary Plat for subdivision purposes if the applicant elects to seek approval of the Concept Plan and Preliminary Plat under the Alternative Review Procedure set forth in Section 20B of the Subdivision Ordinance at the time the PUD application is submitted and if it meets the standards of a Concept Plan and Preliminary Plat as contained in the Subdivision Ordinance or as modified and approved in the Conceptual Site Layout and Land Use Plan. The preliminary plat shall not exceed fifteen (15) lots to be considered as part of the PUD submittal.
If an applicant requests that the PUD Conceptual Site Layout and Land Use Plan also be considered as a Concept Plan and Preliminary Plat, the applicant shall pay fees in accordance with the most current adopted fees for such Concept Plan and Preliminary Plat in addition to applicable PUD zoning application fees and other related fees. In addition, the notification, expiration, extension, revision and responsibility rules contained in the Subdivision Ordinance for the Concept Plan and Preliminary Plat shall apply.
The following rules shall be applicable to the Conceptual Site Layout and Land Use Plan:
(1)
Approval of a Conceptual Site Layout and Land Use Plan will determine the location and mix of uses (including water quality, detention facilities and other drainage features as appropriate). If considered appropriate in the opinion of the City Council, the Conceptual Site Layout and Land Use Plan will also contain additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including land use limitations and standards and regulations for items listed in subsection (d) above.
(2)
The Commission and/or City Council may approve, conditionally approve, request modifications, or deny approval of the Conceptual Site Layout and Land Use Plan based on evaluation of details with respect to:
(i)
The plan's compliance with all provisions of the Subdivision and Zoning ordinances and other ordinances of the City;
(ii)
The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood;
(iii)
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts;
(iv)
The provision of a safe and efficient vehicular and pedestrian circulation system;
(v)
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged;
(vi)
The sufficient width and suitable design and location of streets to accommodate prospective traffic and provide access for emergency equipment to buildings;
(vii)
The coordination of streets so as to comprise a convenient system that retains neighborhood integrity, is adequate to service projected traffic, is safe, protects the public welfare, and is consistent with the Roadway Plan of the City;
(viii)
The use of landscaping, screening and tree retention to provide buffers to shield lights, noise, movement or activities from adjacent properties; and to complement the design and location of buildings and be integrated into the overall site design;
(ix)
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses;
(x)
The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants;
(xi)
The method, timing and sequence of phasing of improvements for the PUD; and
(xii)
Other similar aspects of the Conceptual Site Layout and Land Use Plan.
(f)
Minor PUD.
(1)
A Minor PUD designates a base zoning district or prohibits specific uses without granting significant waivers.
(2)
A Conceptual Site Layout & Land Use Plan is not required for this type of submittal.
(g)
Amendments. Consideration of amendments to a PUD will take into consideration the effect of the proposed development on the remainder of the property and adjacent properties and neighborhoods. Amendments to the PUD that are substantive shall require public hearings in the manner required for any other zoning change.
Minor changes in the PUD that do not affect the major features or characteristics of the PUD or significantly change the boundaries of a use area shown on the Conceptual Site Layout and Land Use Plan may be approved administratively as determined by the appropriate departments. Minor changes shall not include changes that alter the basic relationship of the proposed development to adjacent property; change the uses permitted; increase the density, building height or coverage of the site; reduce yards provided at the boundary of the site or reduce the amount of land designated for open space or parkland. Minor changes may include minor adjustments to lot lines, parking and loading areas, driveways, parking counts, building configurations and orientations, architectural design, building materials, landscape materials, tree retention, street alignments, sidewalks, drainage facilities, project phasing, lighting, signage, site layout, changes of 5% or less in the areas of land use or other similar features.
(h)
Ordinance Amendment. Every PUD district approved under the provisions of this ordinance is considered an amendment of this ordinance as to the property involved. All PUD districts will be referenced on the Zoning District Map.
(i)
Certificate of Occupancy. All PUD district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a PUD district, or, if applicable, the separate section or phase being developed.
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 16-065-00, sec. 6, adopted 7/21/16; Ordinance 19-044-00, sec. 8, adopted 8/15/19; Ordinance 19-045-00, sec. 4, adopted 8/15/19; Ordinance 20-084-00, secs. 4—9, adopted 11/19/20)
Certain uses listed also need to be supported by an appropriate site component in order to be permitted. The uses set forth in this Use Matrix must also comply with any provisions governing that use set forth in Article III and Article V. In the event of a conflict between this Use Matrix and [another section of the Composite Zoning Ordinance, the other section of the Ordinance shall apply].
P = Permitted
S = Special Use Permit Required
(Ordinance 17-012-00, sec. 17, adopted 3/2/17; Ordinance 20-022-00, sec. 16, adopted 4/21/20; Ord. No. 24-055-00, § 5, 6-20-2024; Ord. No. 24-065-00, § 5, 7-18-2024)
(Ordinance 20-022-00, sec. 17, adopted 4/21/20)
USE COMPONENTS
(a)
Statement of Intent. The Single-Family Rural use component is intended for the development of single-family detached dwellings on lots one acre or larger in size and for other uses that are compatible and complimentary to large lot and very low density residential development. The purpose of this component is to provide regulations to preserve rural character and maintain and protect the City's single-family residences and neighborhoods in an area with larger lot sizes. This component is also intended to preserve the larger tracts of land for future economic development in accordance with the Comprehensive Plan, while permitting rural/agricultural uses on the land to continue.
(b)
Conforming Uses.
(1)
Single-family dwelling of not less than sixteen hundred (1,600) square feet of living area; accessory dwelling with a minimum living area of four hundred (400) square feet; and a maximum living area of nine hundred (900) square feet or 40% of the gross living area of the primary dwelling, whichever is greater. However, for lots greater than three acres in size, there is no limit to the maximum size of the accessory dwelling.
(2)
Community services including community center, civic organizations, fraternal organizations, and cemetery/mausoleum not including a crematory or embalming facilities.
(3)
Golf courses (public and private) and all associated improvements and activities, but not including miniature golf courses, golf practice ranges (unless associated with a golf course), or similar forms of commercial amusement.
(4)
Daycare (in home) for 5 or fewer children.
(5)
Emergency services including fire, police and EMS stations.
(6)
Family Home and Group Home-Class 1.
(7)
Home occupations (see Article IV, Section 8 for Use Standards).
(8)
Parks, playgrounds and associated equipment and facilities, recreational amenity center.
(9)
Place of worship.
(10)
Public buildings, including libraries, museums and administrative offices.
(11)
Real estate sales offices during the development and sale of a residential subdivision and subject to the restrictions contained in this ordinance.
(12)
Schools, public or private, including all levels up to and including secondary (high) school and equivalent curriculum including support facilities are permitted.
(13)
Temporary buildings incidental to construction work on the premises if such buildings are removed upon the completion or abandonment of construction work (see Article IV, Section 7).
(14)
Utilities (minor) including ground mounted service equipment and minor structures and facilities such as poles, minor electrical switching facilities, lift stations, water pump stations and gas regulating facilities.
(15)
Water supply reservoirs and pumping plants when screened from public view.
(16)
Wireless communications facilities (WCFs) attached to street poles or facades attached to nonresidential buildings or stealth WCFs are permitted subject to the provisions of this ordinance. Freestanding WCFs, including lattice towers and monopoles, are prohibited.
(17)
(For lots or tracts three or more acres in size) ranches, dairy farms, stables, riding academies and roping arenas; including the feeding, raising and breeding of agricultural livestock and exotic hoof stock; however, with exception of commercial feed lots which are not permitted, and the exception that not more than one large animal (e.g. a horse, cow, bull or similar animal) or five small animals (e.g. goats, sheep or similar animal) may be permitted for each acre of grazeable land. Grazeable land shall be land that is fenced and maintained with suitable forage for grazing of the particular species. Barns and stables shall not be located within 25 feet of any property line. (See Chapter 2, City Code for animal control regulations).
(18)
Agricultural, small wind energy systems, solar energy systems and rainwater harvesting systems including or similar to:
(i)
As accessory uses, solar energy systems designed to supply energy for use on the premises, and rainwater harvesting systems meeting the standards of Article IV, Section 5 of this ordinance. In addition, if approved with a special use permit, small wind energy systems may be approved as an accessory use if meeting the standards of Article IV, Section 5 of this ordinance.
(ii)
Hunting and/or hunting leases (for lots or tracts three or more acres in size).
(iii)
Farming or truck gardens, limited to the propagation and cultivation of plants.
(19)
Temporary parking associated with model homes and/or sales trailers prior to the completion of model homes. Article IX of this ordinance will apply to temporary parking lots.
(20)
Other similar uses as determined by the Director of Planning (see Article II, Section 2(f)).
(c)
Lot Size Minimum.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Exceptions.
(1)
Streets may be constructed to Alternate Urban Standards without curb and gutter (see Transportation Criteria Manual).
(2)
Sidewalks are not required.
(3)
Dip driveways (without a culvert) are permitted across "bar" ditches if the depth of the water is no greater than one foot during a twenty-five (25) year storm event.
(4)
Street lights are not required.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 14-075-00, sec. 3, adopted 12/4/14; Ordinance 16-065-00, sec. 4, adopted 7/21/16; Ordinance 19-038-00 adopted 8/1/19)
(a)
Statement of Intent. The Single-Family Estate use component provides for the development of single-family detached dwellings on large lots and for other compatible and complementary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in an area with larger lot sizes.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
All uses permitted in the SFR district with the exception that hunting and hunting leases are not permitted.
(2)
Single-family dwelling of not less than sixteen hundred (1,600) square feet of living area, accessory dwelling with a minimum living area of four hundred (400) square feet; and a maximum living area of nine hundred (900) square feet or 40% of the gross living area of the primary dwelling, whichever is greater. However, for lots greater than three acres in size, there is no limit to the maximum size of the accessory dwelling.
(c)
Lot Size Minimum.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Exceptions. The following may be considered by the City Engineer for an SFE component if justified because of steep grades, excessive cut and/or fill requirements, or for tree preservation:
(1)
Alternate Urban Streets (without curb and gutter - see Transportation Criteria Manual) if lots average at least one hundred (100) feet in width.
(2)
Removal of sidewalk requirement for one side of the street if the option of rerouting the sidewalk into a yard area does not alleviate the problem.
(3)
If Alternate Urban Street standards are utilized, dip driveways (without a culvert) are permitted across "bar" ditches if the depth of the water is no greater than one foot during a twenty-five (25) year storm event.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 6, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Suburban use component provides for the development of single-family detached dwellings on intermediate suburban standard sized lots and for other compatible and complementary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas with intermediate lot sizes.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFE" - Single-Family Estate component except that an accessory dwelling is only permitted with a Type 2 or 3 site component unless such lot exceeds the minimum lot size of the SFE district.
(2)
Single-family dwelling of not less than fifteen hundred (1,500) square feet of living area.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 6, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Urban use component provides for the development of single-family detached dwellings on moderate urban standard sized lots and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas with moderate lot sizes. Such components are generally intended to offer variety in housing opportunities and in the fabric of the neighborhoods. In addition, a variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors. This component provides moderate size lots that may serve as a transition between larger lots and higher density areas.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFS" - Single-Family Suburban component except that an accessory dwelling is only permitted with a Type 3 site component unless such lot meets the standards of the SFS or SFE district.
(2)
Single-family dwelling of not less than twelve hundred (1,200) square feet of living area.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, secs. 7, 8, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Compact use component provides for the development of single-family detached dwellings on small lots and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas with small lot sizes. Such components are generally intended to offer variety in housing opportunities and in the fabric of the neighborhoods, and to be developed on a moderate scale with a maximum district size of seventy-five (75) acres. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFU" - Single-Family Urban component
(2)
Single-family dwelling of not less than eleven hundred (1,100) square feet of living area
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with three or more bedrooms and lots having an accessory dwelling: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Dwelling units with two or less bedrooms and not having an accessory dwelling: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(3)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 15-018-00, sec. 2, adopted 3/19/15; Ordinance 17-012-00, secs. 9, 10, adopted 3/2/17)
(a)
Statement of Intent. The Single-Family Limited use component provides for the development of single-family detached dwellings on small lots, including zero lot line development, and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have small lot sizes and reduced setbacks. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component should be located closer to major intersection. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To be located in planned developments of greater than 100 acres and comprising less than twenty percent (20%) of the lots, or to provide infill opportunities in appropriate areas of the City.
(4)
To include or be located within six hundred feet of parkland or other recreational open space and/or transit opportunities.
(4)
To include or be located within six hundred feet of parkland or other recreational open space and/or transit opportunities.
(5)
Lots may provide access to garages from a rear alley.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFC" - Single-Family Compact component[.]
(2)
Single-family dwelling of not less than nine hundred (900) square feet of living area[.]
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per lot.
(2)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 13-026-00, sec. 3, adopted 3/21/13; Ordinance 15-018-00, sec. 3, adopted 3/19/15; Ordinance 17-012-00, sec. 11, adopted 3/2/17; Ordinance 19-033-00, sec. 2, adopted 7/9/19; Ordinance 20-022-00, sec. 6, adopted 4/21/20)
(a)
Statement of Intent. The Single-Family Townhouse use component provides for the development of single-family attached dwellings on very small sized lots and for other uses that are compatible and complimentary to attached residential development. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition and serve as a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities and in the fabric of the neighborhoods.
(3)
To include or be located within six hundred feet of parkland or other recreational open space.
(4)
To be located in planned communities of greater than 100 acres and comprising less than ten percent (10%) of the lots, or to provide infill opportunities in appropriate areas of the City such as in areas under transition.
(5)
Lots may provide access to garages from a rear alley.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFL" - Single-Family Limited component.
(2)
Single-family dwelling of not less than seven hundred (700) square feet of living area.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking.
(1)
A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot.
(2)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Miscellaneous Standards.
(1)
A maximum of eight townhouse units may be connected.
(2)
Units shall have a common wall or be separated by at least twenty feet from an adjacent unit.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 15-018-00, sec. 4, adopted 3/19/15; Ordinance 17-012-00, sec. 12, adopted 3/2/17; Ordinance 19-033-00, sec. 3, adopted 7/9/19)
(a)
Statement of Intent. The Single-Family Urban, Manufactured Home component provides for the development of single-family homes and manufactured homes on moderate sized lots and for other uses that are compatible and complimentary to such uses on moderate sized lots. Such components are also intended to create more variety in housing opportunities. In addition, a variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors. This component provides moderate size lots that may serve as a transition between larger lots and higher density areas.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFU" Single-Family Urban component.
(2)
Existing mobile homes, provided that no mobile home shall be hereafter placed or installed on any lot, tract or parcel of land within the City.
(3)
Manufactured homes (they are exempt from architectural component requirements and architectural standards except as required in this section).
(4)
Municipal buildings.
(5)
Tiny Houses in compliance with Section 11 of this ordinance.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Authorized in Specified Areas. No manufactured home shall be located in any use component other than SFU/MH except that manufactured homes shall be an additional permitted use in any zoning classification within the following geographic areas of the City: Leander Heights Subdivision, Section 1, 2 and 3; and High Chaparral Subdivision.
(e)
Miscellaneous Standards for the SFU/MH district and any district within the Leander Heights Subdivision, Sections 1, 2 and 3 and High Chaparral Subdivision. All primary single-family and duplex structures other than manufactured homes shall comply with the applicable architectural component. All manufactured homes shall meet the following standards and are not required to meet the exterior wall standards of the applicable architectural component.
(1)
Manufactured homes must have a minimum of seven hundred and twenty (720) square feet of living area.
(2)
Manufactured homes must be skirted within ninety (90) days from date installed.
(3)
Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.
(4)
No outside horizontal dimension of the building shall be less than fourteen (14) feet, except for original extensions of subsequent additions containing less than fifty percent (50%) of the total enclosed floor area.
(5)
The exterior siding material, excluding skirting, shall be nonmetallic.
(6)
The structures shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the Federal Construction and Safety Standards in effect on the date of manufacture, or other such applicable standards as required by State or Federal law. Any such structure without such certification, but meeting all other requirements, may be accepted as safe and quality construction provided it meets the following criteria:
(i)
All electrical material, devices, appliances and equipment are in sound and safe condition. Aluminum conductors are not permitted.
(ii)
All mechanical systems including space and water heating, are in sound and safe condition.
(iii)
All plumbing, gas piping and wastewater systems are in sound and safe condition.
(iv)
The unit is in sound and safe structural condition. Uncompressed finish floorings greater than 1/8 inch thickness beneath loadbearing walls that are fastened to the floor structure are not acceptable. A structure that shows signs of fire damage will not be acceptable.
(v)
The determination of the foregoing acceptance of any noncertified unit shall be made by the Building Official and/or Fire Chief.
(7)
Manufactured homes shall be installed in accordance with the following criteria:
(i)
By a person licensed by the State of Texas in compliance with state law, or the frame shall be supported by, and tied to, a foundation system capable of safely supporting the loads imposed as determined from the character of the soil. The minimum acceptable foundation design shall be a series of eight-inch solid grout-filled concrete block piers spaced no more than eight feet on center and bearing on minimum 12" x 12" solid concrete footings. A tie-down and anchoring system separate and apart from the foundation ties shall be provided as recommended by the manufacturer, if different from the foundation ties.
(ii)
Axle and hitch assemblies shall be removed at the time of placement on the foundation.
(iii)
Each manufactured home shall be totally skirted with metal, masonry, pressure-treated wood, or other nondegradable material which is compatible with the design and exterior materials of the primary structure.
(iv)
Electrical power supply shall be from a meter installation on the manufactured home, or from a permanent meter pedestal.
(v)
Garage and carport additions are permitted, provided they cover a paved parking area and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
(vi)
Patio and porch covers are permitted, provided they cover an improved patio, deck or porch and meet the minimum building setback requirements.
(vii)
Living area additions are permitted provided they meet the minimum building requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.
(viii)
All accessory structures and additions shall comply with all applicable City ordinances.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 05-018-17 adopted 8/3/06; Ordinance 17-012-00, sec. 13, adopted 3/2/17; Ordinance 19-044-00, sec. 5, adopted 8/15/19)
(a)
Statement of Intent. The Two-Family use component provides for the development of two-family dwelling structures on intermediate sized lots and for other uses that are compatible and complimentary to intermediate sized lots and two-family dwellings. Such components are generally intended to provide an orderly transition and serve as a buffer between larger lot neighborhoods and more intensive uses and to create more variety in housing opportunities and in the fabric of the neighborhoods. The goal is to avoid more than ten acres of contiguous land having a two-family component. This component should include or be located within six hundred feet of parkland or other recreational open space. To avoid street congestion due to additional on-street parking, access to lots shall be provided by a street with a ROW of fifty-six (56) feet or greater and a pavement width of thirty-six (36) feet or greater unless lots average at least one hundred feet in width or unless garage access is from an alley. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors, and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
Any use permitted in the "SFS" - Single-Family Suburban component[.]
(2)
One or two single-family dwellings with a minimum living area of twelve hundred (1,200) square feet per dwelling.
(3)
Two (2) family dwellings, minimum living area - nine hundred (900) square feet per dwelling.
(c)
Lot Size.
(1)
Up to ten percent (10%) of lots in any final plat may have widths, depths and/or areas up to ten percent (10%) greater than or less than requirements.
(2)
In addition, for every one foot that a lot is wider or deeper than required, or for every one square foot that a lot is larger than required, another lot may be reduced by the equivalent amount, for up to ten percent (10%) of the lots in any final plat being allowed to have such reduced sizes, and up to ten percent (10%) less than requirements. The applicant may increase these prescribed limits to up to double the amounts if the applicant can demonstrate increased tree or other significant natural feature protection.
(d)
Enclosed Garage and Parking. A minimum of one garage-enclosed parking space shall be provided for each dwelling unit. At least two additional off-street parking spaces are required to be provided for each unit and may be tandem parking spaces located on the driveway.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, sec. 14, adopted 3/2/17)
(a)
Statement of Intent. The Cottage Housing use component provides for the development of multiple single-family detached dwellings on one lot and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have cottage style development. This use component provides for greater flexibility in designing and placing structures while preserving open space, trees, and shared common areas. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To include or be located within six hundred (600') feet of shared amenity space. Shared amenity space may include parkland, recreational improvements, amenity centers, or other similar uses.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFL" - Single-Family Limited component,
(2)
One (1) or more detached single-family dwellings per lot and associated amenities with a limit of eight (8) dwellings per acre. The minimum dwelling size shall be no less than nine hundred (900) square feet of living area.
(c)
Lot/Building Envelope Size.
(d)
Development Design Standards.
(1)
A site plan shall be required.
(2)
Private drives shall provide access to each cottage house. Private drives shall be considered streets for the purposes of the setback requirements.
(e)
Enclosed Garage and Parking.[2]
(1)
Dwelling units with more than three bedrooms: A minimum of two garage-enclosed parking spaces and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per dwelling.
(2)
Dwelling units with three or fewer bedrooms: A minimum of one garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each dwelling.
(3)
Parking for other uses shall be provided in accordance with Art. VI, Sec. 3.
(4)
Private drives shall constitute streets for the purposes of the application of Art. VIII Sec. 5(j).
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.) [3]
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 20-022-00, sec. 7, adopted 4/21/20)
Editor's note— Original has this as subsection (d).
Editor's note— Original has this as subsection (e).
(a)
Statement of Intent. The Tiny House use component provides for the development of smaller detached single-family homes on one lot and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have tiny houses. This use component provides for greater flexibility in the size of houses. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between larger lot neighborhoods and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To include or be located within six hundred (600') feet of shared amenity space. Shared amenity space may include parkland, recreational improvements, amenity centers, or other similar uses.
(4)
To be located in planned developments of greater than twenty-five (25) acres and comprising less than twenty percent (20%) of the lots, or to provide infill opportunities in appropriate areas of the City.
(5)
To be located in close proximity to existing or proposed community services including, but not limited to grocery stores, restaurants, laundromats, etc.
(b)
Conforming Uses. A building or premises shall be used only for the following purposes:
(1)
One (1) Tiny House per lot and associated amenities. The minimum dwelling size shall be no less than one hundred forty (140) square feet and no more than seven hundred (700) square feet of living area.
(2)
Multiple Tiny Houses per lot as long as the number of houses does not exceed the utility capacity of water and wastewater services to the lot.
(c)
Lot Size.
(d)
Development Design Standards.
(1)
Tiny Houses shall have a minimum of one hundred forty (140) square feet of living area and no more than seven hundred (700) square feet.
(2)
Tiny Houses shall be permanent structures that are constructed on or off site and shall be mounted to a permanent foundation.
(3)
Tiny Houses shall be installed in accordance with the following criteria:
(i)
Each Tiny House is required to have a driveway and an address. Alternative materials such as ribbon driveways, crushed granite with ribbon curbs, or other material as approved by the Director of Planning are permitted as long as the driveway is in compliance with the Fire Code.
(ii)
Garage and carport additions are permitted, provided they cover a paved parking area or other approved material as listed above and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
(iii)
Parking areas may be asphalt, concrete, crushed granite with a concrete ribbon curb, or other similar material approved by the Director of Planning.
(iv)
Patio and porch covers are permitted, provided they cover an improved patio, deck or porch and meet the minimum building setback requirements.
(v)
Each Tiny House shall be connected to City Utilities including water and wastewater.
(vi)
Tiny Houses may be constructed of any materials compliant with the Type B Architectural Component, cementious siding, or other similar material approved by the Director of Planning.
(4)
Multiple Tiny Houses on one (1) lot shall comply with the above and the following:
(i)
Each house shall have a driveway access off of public ROW, a private street, and/or a private drive.
(ii)
The total number of Tiny Houses shall not exceed eight (8) units per acre or exceed the utility capacity of water and wastewater services to the lot, whichever density is less.
(5)
A minimum of two hundred (200) square feet of exterior open space is required per unit. This space must be a minimum of ten (10') feet wide.
(6)
A site plan shall be required.
(e)
Parking.
(1)
A minimum of one off-street parking space (driveway may be counted toward provision of off-street parking) shall be provided for each dwelling.
(2)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(f)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 17-012-00, sec. 16, adopted 3/2/17; Ordinance 20-022-00, sec. 8, adopted 4/21/20)
(a)
Statement of Intent. The Neighborhood Residential use component provides for the development of small scale multifamily attached or detached dwellings on one lot and for other compatible and complimentary uses. The purpose of this component is to provide regulations to maintain and protect the City's single-family residences and neighborhoods in areas where it is appropriate to have higher density residential development. This use component allows for a variety of single-family and/or multifamily dwellings with gross densities based on the form of the building. The design of multifamily development, including building appearance, location of parking, setbacks, and landscaping, should be complementary to the existing neighborhood and mix of dwelling types. This district may be applied to existing neighborhoods to create a transition between single and two-family areas and higher density mixed residential or multifamily areas. A variety of lot sizes shall be provided within one half mile of major intersections such as arterials or collectors and along residential collectors. The higher density residential shall be located closest to major intersections such as arterials or collectors and transition to lower density uses further away from the major intersections. This component provides for higher density lots and serves as a transition between moderate size lots and higher density areas. This component is generally intended as follows:
(1)
To provide an orderly transition to and create a buffer between single-family and two-family areas and more intensive uses such as multifamily or commercial uses or arterial roadways.
(2)
To create more variety in housing opportunities in the fabric of neighborhoods.
(3)
To include or be located within six hundred (600') feet of parkland or other recreational open space and/or transit opportunities.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "SFL" - Single-Family Limited component,
(2)
One (1) Dwelling that may include multiple units on one (1) lot or tract, with a minimum living area in compliance with the Building Code and any associated amenities.
(3)
Tiny Houses in compliance with Section 11 of this ordinance; one (1) Tiny House per lot or multiple Tiny Houses per lot as long as the number of houses does not exceed the utility capacity of water and wastewater services to the lot.
(c)
Lot Size.
(1)
The maximum lot size shall not exceed two (2) times the lot size of any adjacent lots zoned for single-family residential. The maximum lot size shall comply with the following when adjacent to all other districts.
(d)
Enclosed Garage and Parking.
(1)
Dwelling units with more than three bedrooms: A minimum of one enclosed garage parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided per unit.
(2)
Dwelling units with three or less bedrooms: A minimum of one enclosed garage parking space and one additional off-street parking space (driveway may be counted toward provision of off-street parking) shall be provided for each unit.
(3)
Parking for other uses shall be provided in accordance with Article VI, Section 3.
(e)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 17-012-00, sec. 16, adopted 3/2/17; Ordinance 20-022-00, sec. 9, adopted 4/21/20; Ordinance 21-024-00, sec. 2, adopted 4/1/21)
(a)
Statement of Intent. The Multifamily use component provides for the development of multifamily dwelling structures. Such components are generally intended to serve as a buffer between single-family neighborhoods and more intensive uses such as commercial uses or arterial roadways. Such components are also intended to create more variety in housing opportunities and in the fabric of the community but are intended to be utilized in small areas to avoid large tracts devoted to strictly multifamily residential development. The goal is to avoid more than twenty-five (25) acres of contiguous land having a Multifamily component. Access should be provided by a collector or higher classification street. No new MF zoning shall be permitted after the effective date of this chapter unless approved as part of a Planned Unit Development (PUD) which includes the MF use component as part of a mixed use development.
(b)
Conforming Uses. A building or premise shall be used only for the following purposes:
(1)
Three or more dwellings on one lot or tract, attached or detached, with a minimum living area of five hundred (500) square feet per dwelling unit for efficiency units, six hundred fifty (650) square feet per dwelling unit for one-bedroom units, eight hundred fifty (850) square feet per dwelling unit for two-bedroom units and one hundred fifty (150) additional square feet for each bedroom thereafter.
(2)
All uses permitted in the LC - Local Commercial use component with the following conditions:
(i)
Such uses shall not exceed seven percent (7%) of the gross floor area of all multifamily building square footage on the lot.
(ii)
Such uses shall not be located in "stand-alone" buildings but shall be seamlessly integrated with multifamily units, or community/recreation facilities associated with the multifamily development, in buildings having the same residential architectural style, materials, layout and setting as the remainder of the buildings on the site.
(iii)
The lot shall have frontage on an arterial roadway or tollway or the corner of two collector streets.
(3)
Family Home, Group Home-Class 1.
(4)
All nonresidential uses permitted in the SFR district. [4]
(c)
Density.
(1)
The density shall not exceed eight (8) units per acre unless the following conditions are met:
(i)
If the exterior surface area of buildings/structures are comprised of at least one hundred (100%) percent Masonry and comply with the Type A Architectural Component, then the density may be increased to up to twenty-five (25) units per acre.
(ii)
If the exterior surface area of buildings/structures are comprised of at least eighty-five (85%) percent Masonry for first story walls and fifty (50%) percent Masonry for each additional story; and comply with the Type B Architectural Component, then the density may be increased to up to eighteen (18) units per acre.
(d)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A or B - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(6)
Parkland Dedication and Park Improvements as required by Sec. 61 of the Subdivision Ordinance.
(Ordinance 05-018-30, secs. 5, 6, adopted 2/15/07; Ordinance 11-014-00, sec. 6, adopted 6/2/11; Ordinance 11-015-00, sec. 4, adopted 6/2/11; Ordinance 19-044-00, sec. 6, adopted 8/15/19; Ordinance 20-022-00, sec. 10, adopted 4/21/20)
Editor's note— Original has this as subsection (3).
(a)
Statement of Intent. The Local Office use component allows for the development of small scale, limited impact office uses or similar uses which may be located adjacent to residential neighborhoods. Access should be provided by a commercial street or higher classification street. This component is intended to help provide for land use transitions from local or general commercial or from arterial streets to residential development.
(b)
Conforming Uses. Certain uses listed in this use component may also need to be supported by an appropriate site component in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any residential use if such use was established on the property as of September 1, 2005, the effective date of this ordinance.
(2)
Group Home-Class 3 with approval of a Special Permit, Family Home, Group Home-Class 1 and Group Home-Class 2.
(3)
Community services including community center and civic and fraternal organizations.
(4)
Day care centers and group day care homes.
(5)
Mobile Food Establishment Park (Special Use Permit is required, see Article IV, Section 10 for Use Standards).
(6)
Mobile Food Establishment Temporary Use (See Article IV, Section 10 for Use Standards).
(7)
Nonresidential uses permitted in the "SFE" component.
(8)
Office including professional offices, medical offices, public offices, etc.
(9)
Parks, playgrounds, community buildings, amenity center and other recreational facilities.
(10)
Place of worship.
(11)
Public buildings, including libraries, museums and administrative offices.
(12)
Residential may be located above the first floor; one residential unit per lot, or multiple residential units comprising less than ten percent (10%) of the ground floor area, whichever is greater, may be located on the first floor of a business or other use located on the site. The minimum living area for a residential use is five hundred (500) square feet for an efficiency unit, six hundred fifty (650) square feet per dwelling unit for one-bedroom units, eight hundred fifty (850) square feet per dwelling unit for two-bedroom units and one hundred fifty (150) additional square feet for each bedroom thereafter.
(13)
Schools, public or private up to and including secondary (high) school and equivalent curriculum including support facilities are permitted.
(14)
Veterinarian office (no animal hospital or outdoor boarding facilities).
(15)
Wireless communications facilities subject to the provisions of this ordinance.
(16)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2, (f).
(c)
Hours of Operation. Hours of operation to the general public shall be between 7:00 a.m. to 10:00 p.m. Sunday through Thursday, and between 7:00 a.m. and 11:00 p.m. Friday and Saturday (except for emergency services, public property and facilities or any activity not open to the public).
(d)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A, B or C - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 11-014-00, sec. 7, adopted 6/2/11; Ordinance 12-006-00, sec. 3, adopted 2/2/12; Ordinance 20-022-00, sec. 11, adopted 4/21/20; Ordinance 22-042-00 adopted 5/5/22)
(a)
Statement of Intent. The Local Commercial use component allows for the development of small scale, limited impact commercial, retail, personal services and office uses located in close proximity to their primary customers, which cater to the everyday needs of the nearby residents, and which may be located near residential neighborhoods. Access should be provided by a commercial street or higher classification street.
(b)
Conforming Uses. Certain uses listed in this use component may also need to be supported by appropriate site components in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "LO" Local Office component.
(2)
Artisan and handcraft activities and sales if such activities are located completely within an enclosed structure except for specific activities as provided in the applicable site component.
(3)
Bank or other lending institution (Note that drive-through service lanes are permitted only if provided in the applicable site component).
(4)
Bed and breakfast.
(5)
Colleges, universities, vocational schools or other institutions of higher learning including related facilities.
(6)
Cultural facilities including art gallery, museum, dancing or music academy, fitness center, martial arts academy, photographic or artist studio.
(7)
Florist shop, greenhouse or nursery.
(8)
Funeral home, including embalming facilities associated with an on-site funeral home or cemetery, but no crematory.
(9)
Grocery and dry goods sales including convenience stores (Note: Refer to Type 3 site component for outdoor fuel sales).
(10)
Medical clinics.
(11)
Personal services including, but not limited to, barbershops, beauty parlors, tailoring, dressmaking, shoe repair, small appliance repair, bicycle repair, retail bakeries, catering and, under the following conditions, dry cleaning and laundry (including self-service):
(i)
Dry cleaning machines shall be an EPA-approved non-vent unit and have an enclosed trough to accommodate any solvent spill.
(ii)
Solvent use shall be wet system utilizing only water and detergents or PERC systems, which is nonflammable perchloroethylene, and which is limited to 50 gallons on-site at any one time. Other alternative solvent may be considered (e.g. D-5) by the Director of Planning on a case-by-case basis.
(iii)
No fumes, odor or noise shall be detectable beyond the premises of the business.
(iv)
No chemical discharge shall be allowed into an organized central sewer system or private septic disposal system unless such system is a wet system utilizing only water and detergents.
(v)
There shall be a maximum of 1,800 square feet for the gross area of the business.
(vi)
Dry clean processing is limited to on-site business, not trucked-in processing.
(vii)
Used chemicals and filters shall be disposed of weekly or after every 8,000 pounds of processing and be transported by a state-licensed disposal company.
(12)
Pharmacies.
(13)
Restaurants.
(14)
Retail sales of new product and services.
(15)
Smoke Shop, provided that Smoke Shops shall be located a minimum of 1,000 feet from a public or private school measured from property line to property line.
(16)
Vape Shop, provided that Vape Shops shall be located a minimum of 1,000 feet from a public or private school measured from property line to property line.
(17)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2, (f).
(c)
Hours of Operation. Hours of operation to the general public shall be between 5:00 a.m. to 10:00 p.m. Sunday through Thursday, and between 5:00 a.m. and 11:00 p.m. Friday and Saturday except for emergency services; public property and facilities; any activity not open to the public; and fitness centers or gymnasiums to which access between the hours of 10:00 p.m. and 5:00 a.m. is restricted to persons who have a current contract for membership to such fitness center or gymnasium, and no business transactions or any organized instructional activities take place during such hours.
(d)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2 or 3 - and an architectural component - Type A, B or C - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 06-034-00 adopted 9/21/06; Ordinance 05-018-30, sec. 9, adopted 2/15/07; Ordinance 12-006-00, sec. 4, adopted 2/2/12; Ordinance 20-022-00, sec. 12, adopted 4/21/20; Ord. No. 24-055-00, § 3, 6-20-2024)
(a)
Statement of Intent. The General Commercial use component allows for the development of small to large scale commercial, retail, and commercial service uses located in high traffic areas. Access to this component should be provided by an arterial street. The heaviest concentration of this component should be located at intersections of arterial streets.
(b)
Conforming Uses. Certain uses listed in this use component also need to be supported by an appropriate site component in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "LC" - Local Commercial component with no limit in square footage.
(2)
Animal hospital, veterinarian, animal boarding including a crematory associated with such use on site, or a crematory associated with a cemetery, as long as the crematory stack is located at least two hundred feet (200') from a restaurant, or associated parking, or a residential zoning district (unless such district is utilized for nonresidential uses). Any commercial enterprise which includes an outdoor animal yard or any other commercial un-soundproofed animal area containing five or more animals is required to be at least two hundred feet (200') from any residential district (unless such district is utilized for nonresidential uses) and is required to be combined with a Type 4 or 5 site component.
(3)
Assisted Living or Nursing Home.
(4)
Banquet hall or events center.
(5)
Bar, nightclub or private club.
(6)
Boutique hotel.
(7)
Cosmetic Services.
(8)
Entertainment venues including bowling alleys, golf practice ranges, miniature golf establishments, theaters, amusement parks, arcades, arenas, stadiums, gymnasiums, skating rinks, commercial sports venues, indoor shooting range, etc. (Note that outdoor entertainment venues involving substantial outdoor equipment, unshielded stadium lighting, noise generation, outdoor amplified sound systems or similar conditions such as golf practice ranges open at night, sports stadiums, amusement parks, rodeo arenas, etc. require a Type 4 or 5 site component).
(9)
Equipment and furniture or other similar goods sales, repair and service.
(10)
Extended stay hotel.
(11)
Farms or truck gardens, limited to the propagation and cultivation of plants and provided further that no poultry or livestock shall be housed within two hundred (200) feet of any property line.
(12)
Full service hotel.
(13)
Grocery and dry goods sales.
(14)
Hospital and other major medical facilities.
(15)
Hotel/Motel, boarding houses.
(16)
Indoor theater.
(17)
Limited service hotel.
(18)
Liquor store.
(19)
Funeral home, including embalming and crematory facilities associated with an on-site funeral home or cemetery, as long as the crematory stack is located at least two hundred feet (200') from a restaurant, or associated parking, or from a residential zoning district (unless such district is utilized for nonresidential uses).
(20)
Manufactured housing sales and accessory building sales.
(21)
Office/warehouse including painting, plumbing or other similar commercial service.
(22)
Pet shop.
(23)
Research, testing, and development laboratory.
(24)
Retail sales of new products and services.
(25)
Transportation related facilities including commercial parking lots, passenger terminals, taxicab stations and mass transit terminals.
(26)
New vehicle and major equipment sales, rental or leasing, repair of new or used vehicles, body shop (Small engine repair shops and motorcycle repair shops shall not be permitted within one hundred fifty (150) feet of a residential district unless such repairs are conducted totally within a fully enclosed building).
(27)
Wholesale activities with less than 3,500 square feet of gross area of the business.
(28)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2, (f).
(c)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2, 3, 4 or 5 - and an architectural component - Type A, B, C or D - must be combined with this use component).
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 12-042-00, secs. 3—5, adopted 9/6/12; Ordinance 14-001-00, sec. 2, adopted 1/2/14; Ordinance 14-075-00, sec. 4, adopted 12/4/14; Ordinance 20-022-00, sec. 13, adopted 4/21/20; Ord. No. 24-065-00, § 4, 7-18-2024)
(a)
Statement of Intent. The Heavy Commercial use component allows for the development of a variety of light manufacturing, assembly and processing businesses, storage, warehouses and lumber sales. Access should be provided by an industrial or commercial collector street.
(b)
Conforming Uses.
(1)
Any use permitted in the "GC" component.
(2)
Bingo.
(3)
Car Title Loans Shop/Business.
(4)
Commercial laundry.
(5)
Contractor and building material storage.
(6)
Gaming Room Facility/Gaming Device.
(7)
Hooka Lounge.
(8)
Lounge.
(9)
Manufacture, assembly or processing of materials not classified as hazardous by the Fire Chief.
(10)
Mini-warehouse or self-service storage facilities (required to be set back at least four hundred (400) feet from a tollway, highway or arterial roadway or such facilities include exterior warehouse doors), warehouse and distribution, commercial storage. If the exterior surface area of all walls are comprised of one hundred (100%) percent Masonry and comply with the Type A architectural component, then Mini-warehouse or self-service storage facility is permitted without the required four hundred (400) foot setback.
(11)
Pawn Shop.
(12)
Payday Lending Business.
(13)
Research, Testing, and Development Laboratory (Intense).
(14)
Retail sales, secondhand resale, and services.
(15)
RV, trailer, commercial motor vehicle and boat outdoor storage (required to be set back at least four hundred (400) feet from a tollway, highway or major arterial roadway) (Note: refer to Article VI, Section 9 for rules on special vehicle storage).
(16)
Tattoo and/or Body Piercing Parlor.
(17)
Utilities, including ground mounted service equipment and structures as a primary use and facilities such as poles, electrical switching facilities, lift stations, water pump stations, gas regulating facilities, electrical substations, generating plants, wastewater and water treatment plants, etc. (see screening requirements in Article VI, Section 1).
(18)
Vehicle and major equipment sales, rental or leasing, repair, body shop (Small engine repair shops and motorcycle repair shops shall not be permitted within one hundred fifty (150') feet of a residential district unless such repairs are conducted totally within a fully enclosed building).
(19)
Warehouse and distribution.
(20)
Wood yard.
(21)
Wholesale activities.
(22)
Wrecker Impoundment, Towing (required to be set back at least four hundred (400) feet from a tollway, highway or major arterial roadway).
(23)
Stand alone crematory or embalming establishment as long as the crematory stack is no closer than 200' from a restaurant or associated parking or from a residential district (unless such district is utilized for nonresidential uses).
(24)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Section 2(f).
(c)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2, 3, 4 or 5 - and an architectural component - Type A, B, C or D - must be combined with this use component.)
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 16-065-00, sec. 5, adopted 7/21/16; Ordinance 19-044-00, sec. 7, adopted 8/15/19; Ordinance 20-022-00, sec. 14, adopted 4/21/20; Ord. No. 24-055-00, § 4, 6-20-2024)
(a)
Statement of Intent. The Heavy Industrial use component allows for the development of outdoor processing (when associated with a Type 5 site component) and large scale manufacturing, assembly and processing businesses. Access should be provided by an industrial or commercial collector street.
(b)
Conforming Uses. Certain uses listed in this use component also need to be supported by an appropriate site component in order to be permitted. A building or premise shall be used only for the following purposes:
(1)
Any use permitted in the "HC" component except for residential uses qualified below.
(2)
Manufacture, assembly or processing of materials.
(3)
One residential unit per lot may be located on any floor level of a business or other use located on the site. The minimum living area is five hundred (500) square feet for an efficiency unit, six hundred fifty (650) square feet per dwelling unit for one-bedroom units, eight hundred fifty (850) square feet per dwelling unit for two-bedroom units and one hundred fifty (150) additional square feet for each bedroom thereafter.
(4)
Outdoor processing of materials except those prohibited by this ordinance or similar uses if combined with the Type 5 site component.
(5)
Sexually oriented businesses as permitted by City regulations (required to be set back at least four hundred (400) feet from a tollway, highway or major arterial roadway.
(6)
Other similar uses as determined by the Director of Planning based on the criteria of Article II, Sec. 2(f).
(c)
Additional Requirements. (Each of the uses denoted herein shall conform to the following development standards. Note: A site component - Type 1, 2, 3, 4 or 5 - and an architectural component - Type A, B, C or D - must be combined with this use component).
(1)
Use Standards (Article IV).
(2)
Site Components (Article V).
(3)
Site Standards (Article VI).
(4)
Architectural Components (Article VII).
(5)
Architectural Standards (Article VIII).
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 14-004-00, secs. 4, 5, adopted 2/20/14)
(a)
Purpose and Objectives. The purpose and intent of the Planned Unit Development (PUD) district is to create unified standards for development in order to provide flexible, customized zoning and, where requested by the applicant, subdivision standards to encourage imaginative and innovative designs for the development of property in the City consistent with this ordinance and accepted urban planning principles in accordance with the City of Leander Comprehensive Plan. The PUD rules are designed:
(1)
To allow development which is harmonious with nearby areas;
(2)
To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;
(3)
To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space and lower construction and maintenance costs;
(4)
To encourage harmonious and coordinated development by developing plans that better address natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;
(5)
To enable productive development of land with unusual physical or location characteristics that may not be feasible under standard zoning district regulations;
(6)
To facilitate the development of the tax base, the local economy, population and public facilities and provide additional protections to the environment;
(7)
To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district;
(8)
To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development;
(9)
To allow multifamily projects as part of mixed use projects that integrate commercial, retail, and entertainment uses as part of a master plan; and
(10)
To provide a cohesive development of contiguous properties.
Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the City's Comprehensive Plan and this ordinance, and to that end the PUD plan shall be prepared and approved in accordance with the provisions of this ordinance.
(b)
Mixed Use Development.
(1)
The PUD district may include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial uses within a single project in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the City. In order to promote such development, the PUD may be comprised of a combination of components provided for in this ordinance. The outer boundary of each such PUD district shall be shown on a Conceptual Site Layout and Land Use Plan, as will the area for each separate proposed zoning use. Zoning uses may also be vertically integrated within a building or area and denoted on the plan. Said plan shall include a descriptive legend, the specific boundaries of the area proposed for authorized use in any other zoning district, the percentage of the total area of such PUD which will comprise each such separate use, and all notations, references, and other information shown thereon. The Conceptual Site Layout and Land Use Plan shall be adopted by ordinance as an integral part of the PUD and, to the extent feasible, contain all notes and standards of the PUD.
(2)
PUD districts that include the MF use component shall incorporate multi-family units as upper-floor dwellings in a vertically mixed-use building and shall include the following:
(i)
Building Types. Vertical mixed-use buildings shall include ground floor devoted to retail, service, office, or institutional uses. Residential uses are only permitted on the upper floors. Multi-family amenities such as leasing offices, laundry facilities, and gyms shall not count towards the retail, service, office, or institutional requirements.
(ii)
Parking. All parking shall be provided using structured parking as part of a Wrapped Building.
(iii)
Public Space. Public spaces such as parks and plazas shall be integrated into the project.
(3)
PUD districts that include other residential use components with the intent to develop a residential condo regime shall include the following:
(i)
Residential condo regime or Townhouse development may be part of a planned development that is greater than 100 acres in size and may comprise no more than twenty (20%) percent of the land area; or the size of the development shall be limited to sixty (60) acres in size.
(ii)
Density. The development shall not exceed ten (10) units per acre and shall maintain similar lot size to the base zoning district.
(iii)
Parking. Parking requirements shall be similar to the base zoning district and enclosed garage parking spaces shall be provided.
(iv)
Public Space. Public spaces such as parks shall be integrated into the project.
(c)
Flexible Planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances. Final approval of a PUD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PUD, as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.
(d)
Rules Applicable. The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission (Commission), may attach a PUD district designation to any tract of land in the City. In approving a PUD, the City Council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including land use limitations and standards and regulations for items listed below. Under the PUD designation the following rules apply:
(1)
The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the City Council, and no such approval will be inferred or implied.
(2)
Permitted uses and other standards are those as specified in a base zoning district or other sections of the Zoning Ordinance with additions or deletions as described on a Conceptual Site Layout and Land Use Plan.
(3)
A PUD district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting, etc. would create a protective transition between a lesser and more restrictive district.
(4)
In approving a PUD, additional uses not permitted in the base zoning district(s) may be permitted, and specific permitted uses may be prohibited.
(5)
All properties included within a PUD shall be contiguous.
(6)
Standards required by the base zoning district(s) apply in a PUD except that the following regulations and standards may be varied in the adoption of the PUD provided that the plan is consistent with sound urban planning and engineering practices:
(i)
Front, side and rear setbacks;
(ii)
Maximum height;
(iii)
Lot coverage;
(iv)
Off-street parking (a PUD may propose a shared parking agreement, use limitations or other proposal to reduce off-street parking requirements);
(v)
Special district requirements pertaining to the base zoning;
(vi)
Lot size including, but not limited to, lot and yard area, widths and depths;
(vii)
Accessory buildings and uses;
(viii)
Signage;
(ix)
Landscaping and tree preservation;
(x)
Architectural, building materials and colors;
(xi)
Outdoor lighting;
(xii)
Screening and buffering;
(xiii)
Fencing;
(xiv)
Noise;
(xv)
Outdoor display and storage;
(xvi)
Hours of operation;
(xvii)
Land use intensity and density;
(xviii)
Project phasing and scheduling;
(xix)
Management associations;
(xx)
Building square footage;
(xxii)
Other similar standards.
(7)
Standards required by the Subdivision Ordinance apply in a PUD except that the following regulations and standards may be varied in the adoption of the PUD provided that the plan is consistent with sound urban planning, engineering and architectural design practices:
(i)
Procedure;
(ii)
Street widths and cross-section design;
(iii)
Blocks and lots;
(iv)
Transportation criteria;
(v)
Parkland and facilities dedication; open spaces;
(vi)
Other similar standards.
(8)
In approving a PUD, no standards shall be modified unless such modification is expressly permitted by this ordinance, and in no case shall standards be modified when such modifications are prohibited by this ordinance or may negatively impact the health, safety and welfare of the public. PUDs approved before April 1, 2019 shall comply with the masonry requirements set forth in the Composite Zoning Ordinance in effect before the effective date of Ordinance No. 19-044-00 or the masonry requirements set forth in the PUD, if masonry requirements were modified by the PUD.
(9)
The PUD shall result in overall higher standards than what would be provided by the base zoning district. As examples: (1) if residential lot sizes are decreased or development densities are increased, the PUD will be expected to significantly exceed other standards such as parkland and facilities dedication, landscaping, architectural controls, thoroughfare or other transportation improvements, creation of unique characteristics of the neighborhood, retention of significant trees and/or provision of public facilities, etc., or (2) if building/development setbacks are proposed to be decreased, other standards would be expected to be increased such as landscaping, screening, retention of significant trees, architectural controls, land uses and/or unique site layout standards, etc. Other examples may include:
(i)
Designating the Type A Architectural Component;
(ii)
Adding additional architectural features;
(iii)
Provide a master architectural and signage plan that includes a cohesive materials palette;
(iv)
Enhanced landscaping and/or trees;
(v)
Increased landscape area;
(vi)
Masonry perimeter walls for subdivisions;
(vii)
Provide brick or stone instead of decorative concrete panels for screening walls;
(viii)
Plant street trees;
(ix)
Provide more parkland dedication;
(x)
Increase recreation improvements;
(xi)
Trails system in greenbelt areas;
(xii)
Provide a Master Sign Plan including: proposed locations, provide cohesive materials palette, design specifications for signage, type of illumination;
(xiii)
Limit fencing to wrought iron or decorative tubular metal fencing along greenbelt lots;
(xiv)
Provide unique characteristics of a neighborhood with a unique site layout;
(xv)
Include a mixture of uses;
(xvi)
Provide public spaces; or
(xvii)
Incorporate public art.
(10)
If the PUD is proposed to be developed in multiple phases, the phasing of improvements shall reflect consideration toward establishing important PUD objectives such as screening, landscaped areas, open space and recreational areas and amenities, necessary transportation improvements, and protections against negative impacts and safety features in the early phases of the PUD.
(e)
Conceptual Site Layout and Land Use Plan. A Conceptual Site Layout and Land Use Plan of the entire property within the PUD will be considered by the Commission prior to any recommendation to, or consideration by, the City Council of the PUD district ordinance. A Conceptual Site Layout and Land Use Plan may also be considered as a Concept Plan and Preliminary Plat for subdivision purposes if the applicant elects to seek approval of the Concept Plan and Preliminary Plat under the Alternative Review Procedure set forth in Section 20B of the Subdivision Ordinance at the time the PUD application is submitted and if it meets the standards of a Concept Plan and Preliminary Plat as contained in the Subdivision Ordinance or as modified and approved in the Conceptual Site Layout and Land Use Plan. The preliminary plat shall not exceed fifteen (15) lots to be considered as part of the PUD submittal.
If an applicant requests that the PUD Conceptual Site Layout and Land Use Plan also be considered as a Concept Plan and Preliminary Plat, the applicant shall pay fees in accordance with the most current adopted fees for such Concept Plan and Preliminary Plat in addition to applicable PUD zoning application fees and other related fees. In addition, the notification, expiration, extension, revision and responsibility rules contained in the Subdivision Ordinance for the Concept Plan and Preliminary Plat shall apply.
The following rules shall be applicable to the Conceptual Site Layout and Land Use Plan:
(1)
Approval of a Conceptual Site Layout and Land Use Plan will determine the location and mix of uses (including water quality, detention facilities and other drainage features as appropriate). If considered appropriate in the opinion of the City Council, the Conceptual Site Layout and Land Use Plan will also contain additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including land use limitations and standards and regulations for items listed in subsection (d) above.
(2)
The Commission and/or City Council may approve, conditionally approve, request modifications, or deny approval of the Conceptual Site Layout and Land Use Plan based on evaluation of details with respect to:
(i)
The plan's compliance with all provisions of the Subdivision and Zoning ordinances and other ordinances of the City;
(ii)
The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood;
(iii)
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts;
(iv)
The provision of a safe and efficient vehicular and pedestrian circulation system;
(v)
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged;
(vi)
The sufficient width and suitable design and location of streets to accommodate prospective traffic and provide access for emergency equipment to buildings;
(vii)
The coordination of streets so as to comprise a convenient system that retains neighborhood integrity, is adequate to service projected traffic, is safe, protects the public welfare, and is consistent with the Roadway Plan of the City;
(viii)
The use of landscaping, screening and tree retention to provide buffers to shield lights, noise, movement or activities from adjacent properties; and to complement the design and location of buildings and be integrated into the overall site design;
(ix)
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses;
(x)
The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants;
(xi)
The method, timing and sequence of phasing of improvements for the PUD; and
(xii)
Other similar aspects of the Conceptual Site Layout and Land Use Plan.
(f)
Minor PUD.
(1)
A Minor PUD designates a base zoning district or prohibits specific uses without granting significant waivers.
(2)
A Conceptual Site Layout & Land Use Plan is not required for this type of submittal.
(g)
Amendments. Consideration of amendments to a PUD will take into consideration the effect of the proposed development on the remainder of the property and adjacent properties and neighborhoods. Amendments to the PUD that are substantive shall require public hearings in the manner required for any other zoning change.
Minor changes in the PUD that do not affect the major features or characteristics of the PUD or significantly change the boundaries of a use area shown on the Conceptual Site Layout and Land Use Plan may be approved administratively as determined by the appropriate departments. Minor changes shall not include changes that alter the basic relationship of the proposed development to adjacent property; change the uses permitted; increase the density, building height or coverage of the site; reduce yards provided at the boundary of the site or reduce the amount of land designated for open space or parkland. Minor changes may include minor adjustments to lot lines, parking and loading areas, driveways, parking counts, building configurations and orientations, architectural design, building materials, landscape materials, tree retention, street alignments, sidewalks, drainage facilities, project phasing, lighting, signage, site layout, changes of 5% or less in the areas of land use or other similar features.
(h)
Ordinance Amendment. Every PUD district approved under the provisions of this ordinance is considered an amendment of this ordinance as to the property involved. All PUD districts will be referenced on the Zoning District Map.
(i)
Certificate of Occupancy. All PUD district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a PUD district, or, if applicable, the separate section or phase being developed.
(Ordinance 05-018-00 adopted 9/1/05; Ordinance 16-065-00, sec. 6, adopted 7/21/16; Ordinance 19-044-00, sec. 8, adopted 8/15/19; Ordinance 19-045-00, sec. 4, adopted 8/15/19; Ordinance 20-084-00, secs. 4—9, adopted 11/19/20)
Certain uses listed also need to be supported by an appropriate site component in order to be permitted. The uses set forth in this Use Matrix must also comply with any provisions governing that use set forth in Article III and Article V. In the event of a conflict between this Use Matrix and [another section of the Composite Zoning Ordinance, the other section of the Ordinance shall apply].
P = Permitted
S = Special Use Permit Required
(Ordinance 17-012-00, sec. 17, adopted 3/2/17; Ordinance 20-022-00, sec. 16, adopted 4/21/20; Ord. No. 24-055-00, § 5, 6-20-2024; Ord. No. 24-065-00, § 5, 7-18-2024)
(Ordinance 20-022-00, sec. 17, adopted 4/21/20)