Lucas City Zoning Code
ARTICLE 14
03 DISTRICTS
§ 14.03.001 Division of districts.
(a)
For the purposes of this chapter, the city is hereby divided into ten (10) districts as follows:
(1)
AO - Agriculture;
(2)
R2 - Single-family residential, 2-acre lots;
(3)
R1.5 - Single-family residential, 1.5-acre lots;
(4)
R1 - Single-family residential, 1-acre lots;
(5)
VC - Village center;
(6)
CB - Commercial business district;
(7)
LI - Light industrial;
(8)
ED - Estate development;
(9)
OS - Open space; and
(10)
MHD - Manufactured home district.
(b)
The location and boundaries of the districts herein established are shown upon the official zoning map, which is hereby incorporated into this chapter. Said zoning map, together with all notations, references, and other information shown thereon, and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein. Said zoning map, properly attested, is on file in the office of the city secretary.
(Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.002 Maintenance of zoning map.
(a)
The official zoning map shall be kept in the office of the city secretary and one (1) copy shall be maintained in the office of the building official.
(b)
It shall be the duty of the city secretary to keep the official map current and the copies thereof, herein provided for, by entering on such maps any changes which the city council may from time-to-time order by amendments to the zoning regulations of the city or the zoning map.
(c)
The city secretary, upon the adoption of this chapter, shall affix a certificate identifying the map in the secretary's office as the official zoning map of the city. The city secretary shall likewise officially identify the copies directed to be kept by the planning and zoning commission and in the office of the building official. All amendments of the map shall be made immediately after their enactment and the date of the change shall be noted on the certificate.
(1995 Code, sec. 9-25; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.003 Rules for the interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts shown on the zoning map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following the centerlines, street lines, or highway right-of-way lines, such lines shall be construed to be said boundaries.
(2)
Where district boundaries are so dedicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(3)
Where district boundaries are indicated as approximately following a parallel to a drainage course or other prominent physical feature, such drainage course, other prominent physical feature, or parallel line shall be construed to be said boundaries.
(4)
Where district boundaries are so indicated that they are approximately parallel to the centerline or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions are determined by the use of the scale of said zone.
(5)
Where district boundaries are so indicated that they are approximately perpendicular to the centerline or right-of-way lines of streets, highways, or drainage courses, such district boundaries shall be construed to be perpendicular to said streets, highways, or drainage courses.
(6)
If unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.
(7)
In the case of a district boundary line dividing a lot into two (2) parts, the district boundary line shall be construed to be the lot line nearest the district boundary line as shown.
(8)
Whenever any street, alley, or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such variation and all area included in the variation shall then and henceforth be subject to all regulations of the extended districts.
(9)
Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.
(1995 Code, sec. 9-26; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.051 Use regulations.
This zone is designated to provide for general ranching and farming under a minimum of restrictions. No land shall be used and no building shall be erected, altered, converted or used for a use other than those specified in section 14.03.801, schedule of uses, and article 14.02 division 4, specific use permits.
(1)
Principal uses not permitted:
(A)
No feedlots shall be established for commercial purposes, except as would be required to perform the principal permitted use.
(B)
No slaughter pens or rendering works, or associated business shall be permitted.
(C)
No facility or use for the treatment and/or storage of noxious matter, toxic materials or any form of liquid or solid waste materials from any source shall be permitted, except under the provisions of article 14.02, division 4, specific use permits.
(D)
At no time shall the residential density exceed one principal dwelling on a single tract of land.
(E)
No mobile homes or HUD-code manufactured homes as defined herein shall be permitted.
(2)
Minimum lot size shall be six (6) acres.
(3)
Pet boarding.
Pet boarding shall be permitted with a specific use permit in agricultural, commercial business and light industrial districts provided they meet the following requirements:
(A)
Pets shall be supervised when they are outdoors.
(B)
Pets shall only be permitted outdoors between the hours of 6:00 a.m. and 10:00 p.m.
(C)
Adequate facilities shall be provided to separate animals of different species, size, and sex (if needed).
(D)
Pets shall have an environment that supports their safety and well-being.
(E)
Pet boarding shall only serve pets for a period not to exceed sixty (60) consecutive days.
(Ordinance 2008-11-00634 adopted 11/20/08; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.052 Height regulations.
No building shall exceed thirty-five feet (35') or two and one-half (2-1/2) stories in height.
(1995 Code, sec. 9-31; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.053 Principal dwelling regulations.
(a)
Size of yards.
(1)
Front yard.
The building line adjacent to a street shall be established at seventy-five feet (75') from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B, and 110' for type A). No required parking shall be allowed within the required front yard.
(2)
Side yard.
The building line adjacent to the side property line(s) there shall be not less than ten percent (10%) of the lot width, or twenty feet (20'), whichever is less. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25').
(3)
Rear yard.
The building line adjacent to the rear property line shall be of not less than fifty feet (50').
(b)
Size of lot.
(1)
Lot area.
No building shall be constructed on any lot of less than six (6) acres.
(2)
Lot width.
The width of the lot shall be not less than two hundred feet (200') at the front building line setback. The minimum width of a lot on a cul-de-sac shall be not less than forty feet (40') at the property line, nor shall its average width be less than two hundred feet (200'). The minimum width of a lot on a curve exceeding thirty (30) degrees shall be not less than one hundred feet (100') at the property line, nor shall its average width be less than two hundred feet (200').
(3)
Lot depth.
The average depth of the lot shall not be less than one hundred eighty feet (180').
(4)
Where a lot having less area, width, and/or depth than herein required exists in separate ownership on May 1, 1995, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(c)
Minimum dwelling size.
The minimum floor area of any dwelling shall be two thousand square feet (2,000 sq. ft.), exclusive of garages, breezeways, and porches.
(d)
Lot coverage.
In no case shall more than fifteen percent (15%) of the total lot area be covered by the combined area of the principal buildings and accessory buildings.
(e)
Roof pitch.
Principal dwelling structures shall have a roof pitch of not less than six inches (6") vertical for each twelve inch (12") horizontal (6:12). Alternative roof design and roof pitches may be considered and approved by the design review committee (DRC).
(f)
Exterior walls and foundation.
The exterior walls of residential dwellings shall be supported on a continuous solid concrete beam or slab; or on a fully grouted masonry foundation designed to carry the imposed loads. Exterior and load bearing walls shall be secured to the foundation as required by the adopted residential building code.
(g)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(h)
Accessory building uses and structures shall comply with article 14.04, division 8, of this chapter.
(i)
Impervious coverage.
The maximum impervious coverage shall not exceed fifteen percent (15%) of the total lot area. A specific use permit shall be required for agricultural uses with impervious coverage exceeding fifteen percent (15%) of the total lot area.
(Ordinance 2011-03-00677 adopted 3/17/11; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.111 Use regulations.
§ 14.03.112 Height regulations.
No building shall exceed thirty-five feet (35') or two and one-half (2-1/2) stories in height.
(1995 Code, sec. 9-36; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.113 Principal dwelling regulations.
(a)
Size of yards.
(1)
Front yard.
The building line adjacent to a street shall be established at seventy-five feet (75') from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B, and 110' for type A). No required parking shall be allowed within the required front yard.
(2)
Side yard.
The building line adjacent to the side property line(s) shall be not less than 10% of the lot width, or 20', whichever is less. Side yards adjacent to a street shall be established at 75' from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B and 110' for type A). Side yard building line for allowable nonresidential uses shall be at least 75'.
(3)
Rear yard.
The building line adjacent to the rear property line shall be not less than 50'. Rear yard building line for allowable nonresidential uses shall be at least 75'.
(b)
Size of lot.
(1)
Lot area.
No building shall be constructed on any lot of less than two (2) acres (87,120 square feet).
(2)
Lot width.
The width of the lot shall be not less than two hundred feet (200') at the front building line setback. The minimum width of a lot on a cul-de-sac shall be not less than forty feet (40') at the property line, nor shall its average width be less than two hundred feet (200'). The minimum width of a lot on a curve exceeding thirty (30) degrees shall be not less than one hundred feet (100') at the property line, nor shall its average width be less than two hundred feet (200').
(3)
Lot depth.
The average depth of the lot shall not be less than one hundred eighty feet (180').
(4)
Where a lot having less area, width, and/or depth than herein required exists in separate ownership on May 1, 1995, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(c)
Minimum dwelling size.
The minimum floor area of any dwelling shall be two thousand square feet (2,000 sq. ft.), exclusive of garages, breezeways, and porches.
(d)
Lot coverage.
In no case shall more than thirty percent (30%) of the total lot area be covered by the combined area of the principal buildings and accessory buildings.
(e)
Roof pitch.
Principal dwelling structures shall have a roof pitch of not less than six inches (6") vertical for each twelve inch (12") horizontal (6:12). Alternative roof design and roof pitches may be considered and approved by the design review committee (DRC).
(f)
Exterior walls and foundation.
The exterior walls of residential dwellings shall be supported on a continuous solid concrete beam or slab; or on a fully grouted masonry foundation designed to carry the imposed loads. Exterior and load bearing walls shall be secured to the foundation as required by the adopted residential building code.
(g)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(h)
Accessory building uses and structures shall comply with article 14.04, division 8, of this chapter.
(i)
Impervious coverage.
The maximum impervious coverage shall not exceed thirty-five percent (35%) of the total lot area.
(1995 Code, sec. 9-37; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2022-08-00535 adopted 9/1/2022; Ordinance 2024-03-00998 adopted 3/21/2024; Ordinance 2025-06-01018 adopted 8/7/2025)
§ 14.03.171 Use regulations.
§ 14.03.172 Height regulations.
No building shall exceed thirty-five feet (35') or two and one-half (2-1/2) stories in height.
(1995 Code, sec. 9-41; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.173 Principal dwelling regulations.
(a)
Size of yards.
(1)
Front yard.
The building line adjacent to a street shall be established at seventy-five feet (75') from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B, and 110' for type A). No required parking shall be allowed within the required front yard.
(2)
Side yard.
The building line adjacent to the side property line(s) shall be not less than 10% of the lot width, or 20', whichever is less. Side yards adjacent to a street shall be established at 75' from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B and 110' for type A). Side yard building line for allowable nonresidential uses shall be at least 75'.
(3)
Rear yard.
The building line adjacent to the rear property line shall be not less than 50'. Rear yard building line for allowable nonresidential uses shall be at least 75'.
(b)
Size of lot.
(1)
Lot area.
No building shall be constructed on any lot of less than one and one-half (1-1/2) acres (65,340 square feet).
(2)
Lot width.
The width of the lot shall be not less than one hundred sixty feet (160') at the front building line setback. The minimum width of a lot on a cul-de-sac shall be not less than thirty-five feet (35') at the property line, nor shall its average width be less than one hundred seventy-five feet (175'). The minimum width of a lot on curve exceeding thirty (30) degrees shall be not less than thirty-five feet (35') at the property line, nor shall its average width be less than one hundred seventy-five feet (175').
(3)
Lot depth.
The average depth of the lot shall not be less one hundred eighty feet (180').
(4)
Where a lot having less area, width, and/or depth than herein required exists in separate ownership on May 1, 1995, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(c)
Minimum dwelling size.
The minimum floor area of any dwelling shall be one thousand eight hundred square feet (1,800 sq. ft.), exclusive of garages, breezeways, and porches.
(d)
Lot coverage.
In no case shall more than thirty percent (30%) of the total lot area be covered by the combined area of the principal buildings and accessory buildings.
(e)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(f)
Accessory building uses and structures shall comply with article 14.04, division 8, of this chapter.
(g)
Roof pitch.
Principal dwelling structures shall have a roof pitch of not less than six inches (6") vertical for each twelve inch (12") horizontal (6:12). Alternative roof design and roof pitches may be considered and approved by the design review committee (DRC).
(h)
Exterior walls and foundation.
The exterior walls of residential dwellings shall be supported on a continuous solid concrete beam or slab; or on a fully grouted masonry foundation designed to carry the imposed loads. Exterior and load bearing walls shall be secured to the foundation as required by the adopted residential building code.
(i)
Impervious coverage.
The maximum impervious coverage shall not exceed thirty-five percent (35%) of the total lot area.
(1995 Code, sec. 9-42; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2022-08-00535 adopted 9/1/2022; Ordinance 2024-03-00998 adopted 3/21/2024; Ordinance 2025-06-01018 adopted 8/7/2025)
§ 14.03.231 Use regulations.
§ 14.03.232 Height regulations.
No building shall exceed thirty-five feet (35') or two and one-half (2-1/2) stories in height.
(1995 Code, sec. 9-51; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.233 Principal dwelling regulations.
(a)
Size of yards.
(1)
Front yard.
The building line adjacent to a street shall be established at seventy-five feet (75') from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B, and 110' for type A). No required parking shall be allowed within the required front yard.
(2)
Side yard.
The building line adjacent to the side property line(s) shall be not less than 10% of the lot width, or 20', whichever is less. Side yards adjacent to a street shall be established at 75' from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B and 110' for type A). Side yard building line for allowable nonresidential uses shall be at least 75'.
(3)
Rear yard.
The building line adjacent to the rear property line shall be not less than 50'. Rear yard building line for allowable nonresidential uses shall be at least 75'.
(b)
Size of lot.
(1)
Lot area.
No building shall be constructed on any lot of less than one (1) acre (43,560 square feet).
(2)
Lot width.
The width of the lot shall be not less than one hundred forty feet (140') at the front building line setback. The minimum width of a lot on a cul-de-sac shall be not less than thirty feet (30') at the property line, nor shall its average width be less than one hundred sixty feet (160'). The minimum width of a lot on a curve exceeding thirty (30) degrees shall be not less than thirty feet (30') at the property line, nor shall its average width be less than one hundred sixty feet (160').
(3)
Lot depth.
The average depth of the lot shall not be less than one hundred eighty feet (180').
(4)
Where a lot having less area, width, and/or depth than herein required exists in separate ownership on May 1, 1995, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(c)
Minimum dwelling size.
The minimum floor area of any dwelling shall be one thousand eight hundred square feet (1,800 sq. ft.), exclusive of garages, breezeways, and porches.
(d)
Lot coverage.
In no case shall more than thirty percent (30%) of the total lot area be covered by the combined area of the principal buildings and accessory buildings.
(e)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(f)
Accessory building uses and structures shall comply with article 14.04, division 8, of this chapter.
(g)
Roof pitch.
Principal dwelling structures shall have a roof pitch of not less than six inches (6") vertical for each twelve inch (12") horizontal (6:12). Alternative roof design and roof pitches may be considered and approved by the design review committee (DRC).
(h)
Exterior walls and foundation.
The exterior walls of residential dwellings shall be supported on a continuous solid concrete beam or slab; or on a fully grouted masonry foundation designed to carry the imposed loads. Exterior and load bearing walls shall be secured to the foundation as required by the adopted residential building code.
(i)
Impervious coverage.
The maximum impervious coverage shall not exceed thirty-five percent (35%) of the total lot area.
(Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2016-02-00829 adopted 2/4/16; Ordinance 2022-08-00535 adopted 9/1/2022; Ordinance 2024-03-00998 adopted 3/21/2024; Ordinance 2025-06-01018 adopted 8/7/2025)
§ 14.03.291 Purpose.
The intent of this district is to provide a clustered village setting with a rural country style as a retail and neighborhood services area.
(1995 Code, sec. 9-60; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.292 Use regulations.
No land shall be used and no building shall be erected, altered, converted or used for a use other than those specified in section 14.03.801, schedule of uses, and article 14.02, division 4, specific use permits.
(1)
Any retail store or personal service listed in section 14.03.801 shall be permitted subject to the following conditions:
(2)
No mobile homes or HUD-code manufactured homes as defined herein shall be permitted.
(3)
Major development by specific use permit.
(4)
All drive-through, drive-in, and drive-up businesses shall require a specific use permit.
(Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2017-08-00861 adopted 8/3/17; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.293 Building regulations.
(a)
Buildings shall be clustered on site.
(b)
No roof with a pitch less than three to twelve (3:12).
(c)
All mechanical equipment shall be screened from view either by landscaping materials or materials that blend with the building.
(d)
Refuse collection areas shall be screened from view.
(e)
Parking and drives to be weather-impervious surface. Parking and fire lanes shall be a minimum of three thousand five hundred pounds per square inch (3,500 psi) concrete of six inches (6") thick with six inches (6") of flex base material compacted to ninety-five percent (95%).
(1995 Code, sec. 9-62; Ordinance 2012-06-00718, sec. 6, adopted 6/21/12; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.294 Height regulations.
(1)
Buildings shall not exceed a height of more than twenty-five feet (25').
(2)
The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the highest point of the roof excluding chimneys, weather vanes and similar materials.
(Ordinance 2011-09-00685, sec. 1, adopted 9/1/11; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.295 Principal dwelling regulations.
(a)
Lot area.
Minimum three (3) acres net, exclusive of all street rights-of-way and the 100-year floodplain as determined by a registered surveyor.
(b)
Building area.
The total building area shall not exceed a floor-area-to-land ratio of 0.30 to 1.
(c)
Front yard.
Minimum fifty feet (50') from property line.
(d)
Side yard.
Minimum fifty feet (50') from property line.
(e)
Rear yard.
Minimum fifty feet (50') from property line.
(f)
Impervious coverage.
The maximum impervious coverage shall not exceed sixty-five percent (65%) of the total lot area.
(g)
Development shall comply with performance standards (article 14.04, division 3, of this chapter).
(h)
Replacement of buffering/screening/fencing.
All existing buffering, screening, and fencing that is replaced is required to be replaced with materials required by code for new construction. If there is no material listed for the application then the replacement will match existing material for buffering, screening, or fencing, the item being replaced.
(1995 Code, sec. 9-64; Ordinance 2011-09-00685, sec. 1, adopted 9/1/11; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.296 Site plan approval.
(a)
Prior to issuance of any building permit, an application in writing, for the approval of the site plan, together with electronic copies, shall be filed with the city secretary. The plans are to be submitted at least fourteen (14) consecutive calendar days before the meeting of the planning and zoning commission at which they are to be considered if the site plan is to be considered at such meeting. No site plan will be considered by the city until the prescribed filing fees have been paid. Applicant shall submit proof of written notification set forth in section 10.03.037 of the Code of Ordinances. The site plan shall contain those items as designated by approved city procedure, but not be limited to the following information:
(1)
The boundaries and dimensions of the proposed development, including total area.
(2)
Adjoining property, owners, and zoning.
(3)
Contour lines at five-foot (5') intervals.
(4)
Location map.
(5)
Existing or platted streets, public rights-of-way, easements or railroads within or adjacent to the tract.
(6)
Existing and proposed utility lines showing sizes of water and sewer lines.
(7)
Existing and proposed fire hydrants and fire lanes.
(8)
Location of all easements.
(9)
Building setback lines.
(10)
Location and dimensions of buildings.
(11)
Means of ingress and egress.
(12)
Engineering for drainage.
(13)
Areas designated for landscaping and location of exterior lighting.
(14)
Parking area locations and specifications.
(15)
Must be drawn to an acceptable scale.
(16)
Must provide signature lines for chairman of planning and zoning commission, city engineer, and mayor to signify approval.
(b)
For the purpose of assisting in-process planning, a properly designated "preliminary" site plan may be submitted for consideration. Approval of a "preliminary" site plan will not imply approval of all elements of a site plan.
(1995 Code, sec. 9-65; Ordinance 1996-11-00343, sec. 10, adopted 11/4/96; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.297 Landscaping plan approval.
(a)
Prior to issuance of any building permit, an electronic copy in portable document format (PDF) of a landscape plan shall be submitted to the city secretary. The plans are to be submitted at least fourteen (14) days prior to the planning and zoning commission meeting at which they are to be considered. The landscape plan shall be approved or disapproved based on its compliance with the following requirements and any other deemed necessary to promote the character and value of the surrounding neighborhoods:
(1)
Plans shall be to same scale as approved site plan.
(2)
A minimum of fifteen percent (15%) of the gross area must be landscaped.
(3)
The area between the property line and the street shall be included in the landscape plan and shall be maintained by the abutting property owner.
(4)
Heights of landscaping materials shall be such that they do not create safety hazards for vehicular traffic by blocking sight lines at ingress and egress points.
(5)
The specifications shall state the common names, sizes, and quantity of all materials to be utilized.
(b)
It shall be the property owner's responsibility to permanently maintain the approved landscaping in a neat and orderly manner.
(c)
Final plans shall be approved by city council as provided in this chapter.
(Ordinance 2011-09-00685, sec. 1, adopted 9/1/11; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.298 Architectural plan approval.
(a)
Prior to the issuance of a building permit, an electronic copy in portable document format (PDF) of a proposed architectural elevation of the building or buildings shall be submitted to the city secretary. The plans are to be submitted at least fourteen (14) days prior to the planning and zoning commission meeting at which they are to be considered. The proposed architectural rendering, including use of site and/or building signage, shall be approved or disapproved based on its ability to create a village setting with a rural country style as a retail and neighborhood services area. This effort shall entail several design fixtures such as the use of clustered buildings as opposed to strip-type development. Sloping roofs are required as are overhanging colonnades.
(b)
Final plans shall be approved by city council as provided in this chapter.
(1995 Code, sec. 9-67; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.299 Off-street loading and parking.
See article 14.04, division 2.
(1995 Code, sec. 9-68; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.351 Purpose.
This is a general commercial zoning district for areas that provide the greatest number and mix of retail and commercial uses. This zoning district is designed and intended to serve as the commercial support zone of the entire community. It should be located in such a manner as to have reasonable access to arterial roadways so that ingress and egress to the CB area may be managed in a safe and controlled manner.
(Ordinance 2005-12-00544, sec. 1, adopted 12/5/05; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.352 Use regulations.
In the commercial business district, lend uses shall be those associated with retail, commercial, office, service, institutional or professional activities. Major development shall be permitted by specific use permit. No land shall be used and no building shall be erected, altered, converted or used for a use other than those specified in section 14.03.801, schedule of uses, and article 14.02, division 4, specific use permits.
(Ordinance 2008-11-00634 adopted 11/20/08; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.353 Development regulations.
In the commercial business district, the following development regulations shall be applicable to all buildings:
(1)
Building height.
Buildings shall not exceed a height of more than thirty-five feet (35').
(A)
The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof.
(2)
Setbacks.
The following setbacks are required in the commercial business district:
(A)
Front yard setbacks shall be a minimum of fifty feet (50') from the street right-of-way.
(B)
Side yard setbacks shall be a minimum of twenty feet (20'). Where a CB zone abuts on the side of a property zoned as single-family residential, each portion of a building in excess of ten feet (10') in height shall be set back two (2) additional feet for each additional one (1) foot in height.
(C)
Rear yards shall be a minimum of twenty-five feet (25') where the lot abuts property zoned as single-family residential there shall be a minimum rear yard of not less than one hundred feet (100') and not separated by a street or public right-of-way.
(D)
Rear yard setbacks abutting property zoned as single-family residential shall include at least fifty feet (50') of green space adjacent to the residential district. Green space includes landscaping and turf grass.
(3)
Minimum lot area.
The minimum area for lots in the commercial business district shall be thirty thousand square feet (30,000 sq. ft.) on lots with access to city sewer, lots without access to city sewer shall be a minimum of forty-three thousand five hundred sixty square feet (43,560 sq. ft.) exclusive of all street rights-of-way and the designated 100-year floodplain as determined by a registered survey.
(4)
Maximum lot coverage.
The maximum lot coverage for buildings on individual lots is forty percent (40%) of the lot area, including accessory buildings.
(5)
Floor area.
Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area.
(6)
Business operations.
The following special conditions apply to business operations within the CB district:
(A)
All business shall be conducted entirely within a building. Restaurants offering outside dining or businesses with outside storage and/or display of any type shall be allowed only upon the approval of a specific use permit.
(B)
No drive-in services of any type shall be located nearer than one hundred feet (100') of an abutting single-family zoned district. Where drive-in services are allowed, a solid fence of masonry with a height of six feet (6') shall be required to buffer the drive-in service from the abutting single-family residential district.
(7)
Off-street parking and loading.
Required off-street parking may be located within the required setback, provided there is a fifty (50') landscape buffer adjacent to the property line. Such off-street parking spaces shall be on a hard-surfaced drive or parking area. Specific off-street parking and loading requirements are contained in article 14.04, division 2, of this chapter.
(8)
Buffering and screening.
The following standards for buffering and screening shall apply for all buildings in the commercial business district:
(A)
Parking lot layout, landscaping, buffering and screening shall minimize direct views of parked vehicles from streets.
(B)
Off-street loading areas shall be located at the rear of all buildings and shall be adequately screened from view of any adjacent single-family residential use.
(C)
Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be screened by fence, planting or other suitable visual barrier and be secured from public access.
(D)
Transformers, HVAC equipment (if located at ground level), lift stations, utility meters and other machinery, as well as garbage collection points, shall be located at the rear property line, drive, or alley. If such uses are visible from an adjacent right-of-way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate height or as proposed or approved in the development site plan. Trash receptacles shall have a door which shall remain closed at all times.
(9)
Impervious coverage.
The maximum impervious coverage shall not exceed sixty-five percent (65%) of the total lot area.
(10)
Accessory buildings and structures customarily associated with any of the above establishments to which they refer shall be constructed to meet all of the requirements of the principal building.
(11)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(12)
All drive-through, drive-in, and drive-up businesses shall require a specific use permit.
(13)
Replacement of buffering/screening/fencing.
All existing buffering, screening, and fencing that is replaced is required to be replaced with materials required by code for new construction. If there is no material listed for the application then the replacement will match existing material for buffering, screening, or fencing, of the item being replaced.
(14)
Parking and drives to be weather-impervious surface developed in accordance with city standards. Parking and fire lanes shall be a minimum of three thousand five hundred pounds per square inch (3,500 psi) concrete of six inches (6") thick with six inches (6") of flex base material compacted to ninety-five percent (95%).
(Ordinance 2005-12-00544, sec. 1, adopted 12/5/05; Ordinance 2006-10-00577, sec. 2, adopted 10/16/06; Ordinance 2013-05-00756, sec. 2, adopted 5/2/13; Ordinance 2013-07-00761 adopted 7/18/13; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.354 Special district requirements.
(a)
Site plan approval.
The following site plan elements shall be required for development of property:
(1)
Prior to issuance of a building permit, an electronic copy of a site plan, drawn to a scale of not less than one inch (1") equals fifty feet (50'), shall be submitted to the city secretary a minimum of fourteen (14) days prior to the date at which the planning and zoning committee is scheduled to consider said site plan on their regular agenda. The site plan must contain at a minimum the following:
(A)
The boundaries and dimensions of the proposed development, including total area.
(B)
The owners, zoning classification and description of adjacent properties.
(C)
Contour lines with five-foot (5') intervals.
(D)
Location map showing site within the city.
(E)
Existing and platted streets, public rights-of-way, easements and railroads within and adjacent to the site.
(F)
Existing and proposed utility lines showing sizes of water and sewer lines.
(G)
Existing and proposed fire hydrants and fire lanes.
(H)
Location and dimension of all buildings and building setback lines.
(I)
Engineering for drainage.
(J)
Areas designated for landscaping together with proposed irrigation and a tree management plan.
(K)
Parking area locations and specifications.
(L)
Signage and lighting.
(M)
Location of all exterior mechanical, electrical and communication equipment.
(N)
Location of all refuse containers, loading docks and screening.
(O)
Signature lines for chairman of the planning and zoning committee, city engineer and mayor shall be provided to signify approval.
(2)
For the purposes of assisting in-process planning, a properly designated "preliminary" site plan shall be submitted for consideration. Approval of a "preliminary" site plan will not imply approval of all elements of a "final" site plan.
(3)
The site plan may only be approved by the planning and zoning commission and the city council.
(4)
Any changes to an approved "final" site plan will require approval of the planning and zoning commission and the city council.
(b)
Landscape plan approval.
The following landscape plan elements shall be required for the development of the property:
(1)
Prior to issuance of a building permit, an electronic copy of a landscape plan, drawn to a scale of not less than one inch (1") equals fifty feet (50'), shall be submitted to the city secretary a minimum of fourteen (14) days prior to the date at which the planning and zoning committee is scheduled to consider said landscape plan on their regular agenda. The site plan must contain at a minimum the following:
(A)
A minimum of fifteen percent (15%) of the gross area of the lot shall be landscaped.
(B)
The area between the property line and the paved street shall be included in the landscape plan and shall be maintained by the abutting property owner.
(C)
Heights of landscape materials shall be such that they do not create safety hazards for vehicular traffic by blocking sight lines at ingress/egress points.
(D)
The landscape specifications shall indicate the common names and scientific names, sizes and quantities of all material to be utilized.
(E)
Property abutting different districts shall be screened by a living screen. Plantings which serve as living screens shall be evergreen with a minimum initial height of six feet (6') and shall provide a solid visual barrier within two (2) years of planting.
(c)
It shall be the property owner's responsibility to permanently maintain the approved living state of landscaping in a neat and orderly manner.
(d)
Landscaping shall mean plant materials (other than turf grasses) and other approved landscape materials arranged in an approved manner. All plant materials shall be selected from any plant list or landscape ordinance adopted by the city.
(e)
Architectural plan approval.
The following architectural plan elements shall be required for development of property.
(1)
Prior to issuance of a building permit, an electronic copy of an architectural plan, drawn to a scale of not less than one inch (1") equals fifty feet (50'), shall be submitted to the city secretary a minimum of fourteen (14) days prior to the date at which the planning and zoning committee is scheduled to consider said architectural plan on their regular agenda. The site plan must contain at a minimum the following:
(A)
Storefronts or faces of commercial buildings in excess of sixty feet (60') shall have a minimum five-foot setback at no greater intervals than sixty feet (60'). Multiple adjacent building fronts shall conform to this same rule.
(f)
Pet boarding.
Pet boarding shall be permitted with a special use permit in commercial business and light industrial districts provided they meet the following requirements:
(1)
Pets shall be supervised when they are outdoors.
(2)
Pets shall only be permitted outdoors between the hours of 6:00 a.m. and 10:00 p.m.
(3)
Adequate facilities shall be provided to separate animals of different species, size, and sex (if needed).
(4)
Pets shall have an environment that supports their safety and well-being.
(5)
Pet boarding shall only serve pets for a period not to exceed sixty (60) consecutive days.
(Ordinance 2005-12-00544, sec. 1, adopted 12/5/05; Ordinance 2013-10-00772 adopted 10/3/13; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2018-03-00876 adopted 3/1/18; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.355 Major development standards.
The following development standards apply to all major development. The goal of these development standards is to affirm the city's objective that major developments create or impart a sense of place and/or streetscape at a scale appropriate to the character of Lucas with its small town atmosphere, as well as preserving the diversity and vitality of Lucas' commercial districts and the quality of life of Lucas residents. It is generally noted that the typical or classic 'big box' type of commercial building and development pattern does not meet these community development objectives. In addition to the development standards prescribed elsewhere in this chapter, including, but not limited to the applicability of site plan review or discretionary review process prescribed in this chapter, all major development shall comply with the following development standards:
(1)
A typical or classic 'big box' design shall not be allowed (e.g., large four-sided structure with little or no ornamentation, decoration, unique architectural features, interesting fenestration, etc.).
(2)
When the project site is within three hundred feet (300') of a residential zoning district, measured from the property line and excluding streets and alleys, the maximum height of any wall excluding architectural accent features shall be the maximum height permitted in that residential zoning district.
(3)
The design of service areas, including outdoor storage, trash collection, loading, outdoor display, shall be incorporated into the principal building design and shall be of materials of comparable quality and appearance as that of the principal building.
(4)
When the service areas (loading docks, refuse storage and enclosures, etc.) are adjacent to or across the street from residential neighborhoods, all delivery trucks, garbage trucks, and other large vehicles servicing the commercial development shall access the service areas via internal driveways and not from the residential street.
(5)
Rooftop equipment shall not be visible from a point of view that is five feet (5') above grade at a distance of two hundred feet (200') from the walls of the structure.
(6)
The off-street parking serving the commercial development shall be divided into multiple 'lots,' as necessary, so that no single 'lot' has more than one hundred twenty (120) parking spaces. The 'lots' shall be separated from each other by a visually aesthetic buffer, such as a landscape area including a landscaped street or landscaped pedestrian way, or other appropriate landscape or hardscape features.
(7)
The maximum number of off-street parking spaces serving the development shall not exceed by more than ten percent (10%) the minimum number of required off-street parking as prescribed in the Lucas Code of Ordinances.
(8)
A covered passenger loading area shall be provided.
(9)
Pedestrian walkways within the development shall be differentiated from driving surfaces through a change in elevation or materials.
(10)
Parking and security lights shall not be taller than the buildings within the development, or a maximum of twenty-four feet (24') above grade, whichever is less.
(11)
All freestanding signs shall be located in a landscaped area that is equal in size or larger than the total sign area for that freestanding sign.
(12)
No reader boards having changeable copy, electronic or otherwise, are allowed.
(13)
If the development is located on an existing public transit route, or a reasonably foreseeable future transit route, a bus pullout and shelter shall be developed on-site or at a location approved by the transit service provider.
(Ordinance 2007-06-00591, sec. 2, adopted 6/7/07; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.356 Major development traffic studies.
(a)
Traffic impact study.
All development applications for major development as defined herein, shall prepare a traffic impact analysis which provides for assessment of current road conditions, estimates of traffic generation matters involving current traffic counts, proposed optimum ingress and egress patterns along with internal traffic flow.
(Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.411 General purpose and description.
(a)
The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a planned development district.
(b)
The planned development district is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, retail centers, residential developments or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions, which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
(Ordinance 2006-01-00548, sec. 1, adopted 1/3/06; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.412 Permitted uses.
An application for a planned development district shall specify the base district(s), and the use or the combination of uses proposed. Uses which may be permitted in a planned development district must be specified if not permitted in the base district(s). Specific use permits allowed in a base zoning district are allowed in a planned development district only if specifically identified at the time of approval by the city council.
(Ordinance 2006-01-00548, sec. 1, adopted 1/3/06; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.413 Planned development requirements.
(a)
Development requirements for each separate planned development district shall be set forth in the ordinance granting the planned development district and shall include, but may not be limited to: uses, density, lot area, lot width, yard depths and widths, building height, building elevations, building material coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, hours of operation, project phasing or scheduling, management associations, and other requirements as the city council may deem appropriate.
(b)
All applications for a planned development district shall list all requested deviations from the standard requirements set forth throughout this chapter. The planned development district shall conform to other sections of this chapter unless specifically excluded in the granting ordinances granting the planned development district.
(c)
Detailed site plan.
A detailed site plan shall be submitted as a part of the planned development district application shall set forth the final plans for development of the planned development district. Changes of detail on the detailed site plan, which differ from the approved detailed site plan, but do not alter the basic relationship of the proposed development to the adjacent property, the uses permitted, or increase the density, building height or coverage of the site, the off-street parking ratio or reduce the yards provided at the boundary of the site, or do not significantly alter the landscape plans as indicated on the approved site plan, may be authorized by the city council without an amendment to the planned development district ordinance.
(Ordinance 2006-01-00548, sec. 1, adopted 1/3/06; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.414 Mandatory homeowners’ association.
In a planned development district for residential uses, property owner or homeowner associations are to be established for the purpose of ownership, maintenance and management of open spaces. The initial term of the agreement, covenants and restrictions establishing and creating the homeowners' association shall be for a twenty-five (25) year period and shall automatically renew for successive ten (10) year periods, and the homeowners' association may not be dissolved without the prior written consent of the city.
(Ordinance 2006-01-00548, sec. 1, adopted 1/3/06; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.415 City/developer facilities agreement.
Planned development districts may require a city/developer facilities agreement prior to or contemporaneous with the final plat approval. This agreement shall reflect the cost-sharing agreement between the city and the developer for the installation or over-sizing of utility systems, perimeter streets, mandatory construction or dedication of park or open space area, landscaping or greenbelt development or other comparable items, phasing of the development, maximum density or intensity of use during the construction process, and the maintenance of open space.
(Ordinance 2006-01-00548, sec. 1, adopted 1/3/06; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.416 Zoning ordinance compliance and zoning map.
All planned development districts approved in accordance with the provisions of the zoning ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained as a part of this code.
(Ordinance 2006-01-00548, sec. 1, adopted 1/3/06; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.471 Use regulations.
No land shall be used and no building shall be erected, altered, converted or used for a use other than those specified in section 14.03.801, schedule of uses, and article 14.02, division 4, specific use permits.
(1)
Pet boarding.
Pet boarding shall be permitted with a specific use permit in agricultural, commercial business and light industrial districts provided they meet the following requirements:
(A)
Pets shall be supervised when they are outdoors.
(B)
Pets shall only be permitted outdoors between the hours of 6:00 a.m. and 10:00 p.m.
(C)
Adequate facilities shall be provided to separate animals of different species, size, and sex (if needed).
(D)
Pets shall have an environment that supports their safety and well-being.
(E)
Pet boarding shall only serve pets for a period not to exceed sixty (60) consecutive days.
(Ordinance 2008-11-00634 adopted 11/20/08; Ordinance 2013-05-00756, sec. 3, adopted 5/2/13; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.472 Building regulations.
(a)
All drive-through, drive-in and drive-up businesses shall require a specific use permit.
(b)
All mechanical equipment shall be screened from public view either by landscaping materials or materials that blend with the building.
(c)
Refuse collection areas shall be screened from public view.
(d)
Parking and drives to be weather-impervious surface. Parking and fire lanes shall be a minimum of three thousand five hundred pounds per square inch (3,500 psi) concrete of six inches (6") thick with six inches (6") of flex base material compacted to ninety-five percent (95%).
(e)
Outside storage as allowed by specific use permit.
(f)
Loading docks to be at rear or side of building and shall be screened from public view or residential zoning districts.
(g)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(h)
Replacement of buffering/screening/fencing: all existing buffering, screening, and fencing that is replaced is required to be replaced with materials required by code for new construction. If there is no material listed for the application then the replacement will match existing material for buffering, screening, or fencing, of the item being replaced.
(i)
Impervious coverage: The maximum impervious coverage shall not exceed sixty-five percent (65%) of the total lot area.
(1995 Code, sec. 9-81; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024; Ordinance 2024-12-01010 adopted 12/5/2024)
§ 14.03.473 Height regulations.
The maximum height for the principal building, including roof-mounted mechanical equipment, shall be two and one-half (2-1/2) standard stories, but shall not exceed thirty-five feet (35') in height provided that any building or portion thereof may be erected above the said limit if setbacks from all streets and required yard lines are an additional one foot (1') for each one foot (1') of its height above said limit.
(1995 Code, sec. 9-82; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.474 Principal dwelling regulations.
(a)
Lot area.
Minimum two (2) acres net, exclusive of all street rights-of-way and the one hundred (100) year floodplain as determined by a registered survey.
(b)
Building area.
The total building area, including accessory buildings, shall not exceed a floor-area-to-land ratio of 0.40 to 1.
(c)
Front yard.
Minimum of one hundred feet (100') from property line.
(d)
Side yard.
Minimum twenty-five feet (25') from property line. Minimum fifty feet (50') from a residential district.
(e)
Rear yard.
Minimum twenty-five feet (25') from property line. Minimum fifty feet (50') from a residential district.
(1995 Code, sec. 9-83; Ordinance 1996-11-00343, sec. 14, adopted 11/4/96; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.475 Site plan approval.
Same as section 14.03.296, save and except that side must be screened where it abuts different zoning districts.
(Ordinance 1996-11-00343, sec. 15, adopted 11/4/96; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.476 Landscaping plan approval.
Same as section 14.03.297.
(1995 Code, sec. 9-85; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.477 Off-street loading and parking.
See article 14.04, division 2.
(1995 Code, sec. 9-86; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.531 Purpose.
It is the intended purpose of this zoning district to provide for the unified and coordinated development of parcels or tracts of primarily vacant land. Certain freedom of choice as to intended land use shall be permitted, provided that the special requirements which may apply are complied with and that the intended uses are not in conflict with the general purpose and intent of either this chapter or the comprehensive plan for the city.
(1995 Code, sec. 9-90; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.532 Use regulations.
§ 14.03.533 Height requirements.
No building shall exceed thirty-five feet (35') or two and one-half (2-1/2) stories in height.
(1995 Code, sec. 9-92; Ordinance 2012-06-00718, sec. 9, adopted 6/21/12; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.534 Principal dwelling requirements.
(a)
Size of yards.
(1)
Front yard.
The building line adjacent to a street shall be established at seventy-five feet (75') from the centerline of the street right-of-way or street reflected as type C or D roadway on the master thoroughfare plan. (85' for type B, and 110' for type A.) No required parking shall be allowed within the required front yard.
(2)
Side yard.
The building line adjacent to the side property line(s) shall be not less than ten percent (10%) of the lot width, or twenty feet (20'), whichever is less. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25').
(3)
Rear yard.
The building line adjacent to the rear property line shall be not less than fifty feet (50').
(b)
Size of lot.
(1)
Lot area.
No building shall be constructed on any lot of less than one and one-half (1-1/2) acres (65,340 square feet).
(2)
Lot width.
The width of the lot shall be not less than one hundred sixty feet (160') at the front building line setback. The minimum width of a lot on a cul-de-sac shall be not less than thirty-five feet (35') at the property line, nor shall its average width be less than one hundred seventy-five feet (175'). The minimum width of a lot on curve exceeding thirty (30) degrees shall be not less than thirty-five feet (35') at the property line, nor shall its average width be less than one hundred seventy-five feet (175').
(3)
Lot depth.
The average depth of the lot shall not be less one hundred eighty feet (180').
(4)
Where a lot having less area, width, and/or depth than herein required exists in separate ownership on May 1, 1995, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(c)
Minimum dwelling size.
The minimum floor area of any dwelling shall be one thousand eight hundred square feet (1,800 sq. ft.), exclusive of garages, breezeways, and porches.
(d)
Lot coverage.
In no case shall more than thirty percent (30%) of the total lot area be covered by the combined area of the principal buildings and accessory buildings.
(e)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(f)
Accessory building uses and structures shall comply with article 14.04, division 8, of this chapter.
(g)
Roof pitch.
Principal dwelling structures shall have a roof pitch of not less than six inches (6") vertical for each twelve inch (12") horizontal (6:12). Alternative roof design and roof pitches may be considered and approved by the design review committee (DRC).
(h)
Exterior walls and foundation.
The exterior walls of residential dwellings shall be supported on a continuous solid concrete beam or slab; or on a fully grouted masonry foundation designed to carry the imposed loads. Exterior and load bearing walls shall be secured to the foundation as required by the adopted residential building code.
(i)
Impervious coverage.
The maximum impervious coverage shall not exceed thirty-five percent (35%) of the total lot area.
(1995 Code, sec. 9-93; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.535 Special conditions.
(a)
No front-entry garages will be allowed.
(b)
The minimum lot size is one and a half (1-1/2) acres and the average lot size for the proposed development shall be four (4) acres.
(c)
A homeowners' association must be created to maintain the open spaces. Association guidelines and rules shall be submitted at the time of site plan and plat approval.
(d)
Underground utilities will be required.
(1995 Code, sec. 9-95; Ordinance 2006-10-00577, sec. 2, adopted 10/16/06; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.651 Purpose.
It is the intended purpose of this zoning district to provide for a district in which manufactured homes are permitted for single-family residential use. The term "manufactured home" as used herein is defined in V.T.C.A., Occupations Code, section 1201.003.
(Ordinance 1995-09-00310, sec. 2, adopted 9/11/95; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.652 Manufactured home district (MHD).
Any area or tract of land that is zoned as a manufactured home district (MHD) is restricted to one (1) HUD-code manufactured home or a site-built home per lot for use as a single-family residence.
(Ordinance 1995-09-00310, sec. 2, adopted 9/11/95; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.653 Use regulations.
No land shall be used and no building shall be erected, altered, converted or used for a use other than those specified in section 14.03.801, schedule of uses. Additionally, a lot in this zoning district may be used for any use allowed in R2 district as defined in this chapter in addition to the use of a HUD-code manufactured home for residential purposes. All regulations or ordinances of the town that relate to health, safety and welfare shall apply to a manufactured home district.
(Ordinance 2008-11-00634 adopted 11/20/08; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.654 Height, lot, and yard requirements.
Height, lot and yard requirements shall conform to the following requirements, except that modifications in these regulations may be granted if it shall be found by clear and convincing evidence that such modifications are in the public interest, are in harmony with the purposes of this chapter, and will not compromise or endanger the public health, or any property within five hundred feet (500') of the lot on which a modification is requested. Modifications must be approved by the board of adjustments following a public hearing.
(1)
The following requirements shall apply to each developed lot:
(Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.655 Parking regulations.
Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in article 14.04, division 2.
(Ordinance 1995-09-00310, sec. 2, adopted 9/11/95; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.656 Supports, tiedowns and skirting.
Every manufactured home situated in this district must be supported by cinderblocks or concrete piers at a minimum of eight (8) points under the frame of the manufactured home, together with eight (8) tiedowns. Each manufactured home must be completely skirted within sixty (60) days from the date of installation.
(Ordinance 1995-09-00310, sec. 2, adopted 9/11/95; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.711 Purpose.
To provide land use regulations to control development in areas designated OS; to provide environmental aesthetic control of the open spaces; to provide recreational facilities; and to coordinate with the county open space plan.
(1995 Code, sec. 9-120; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.712 Use regulations.
In an OS district, no land shall be used and no building shall be used, erected, or converted to any use other than:
(1)
Golf courses.
(2)
Equestrian uses.
(3)
Nonmotorized trails.
(4)
Public parks.
(5)
Agricultural uses.
(6)
Single-family residences on a minimum of ten (10) acres and in accordance with all other regulations listed under R2 district.
(7)
Any use or public building to be erected or used by the city government.
(8)
Other uses not prohibited by this code may be permitted under the provisions of article 14.02, division 4, specific use permits.
(9)
No mobile homes or HUD-code manufactured homes as defined herein shall be permitted.
(10)
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(11)
Accessory buildings and structures customarily associated with any of the above nonresidential establishments to which they refer shall be constructed to meet all of the requirements of the principal building. Accessory buildings associated with residential structures shall comply with article 14.04, division 8, of this chapter.
(12)
Impervious coverage.
The maximum impervious coverage shall not exceed fifteen percent (15%) of the total lot area. A specific use permit shall be required for agricultural uses with impervious coverage exceeding fifteen percent (15%) of the total lot area.
(1995 Code, sec. 9-121; Ordinance 1995-09-00310, sec. 1(G), adopted 9/11/95; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.713 Building regulations.
Same as village center (VC).
(1995 Code, sec. 9-122; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.714 Height regulations.
Same as residential-2 (R2).
(1995 Code, sec. 9-123; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.715 Area regulations.
Same as residential-2 (R2).
(1995 Code, sec. 9-124; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.716 Site plan approval.
Same as village center (VC).
(1995 Code, sec. 9-125; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.717 Landscape plan approval.
Same as village center (VC).
(1995 Code, sec. 9-126; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.718 Architectural plan approval.
Same as village center (VC).
(1995 Code, sec. 9-127; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.719 Off-street loading and parking.
Same as village center (VC).
(1995 Code, sec. 9-128; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.03.801 Use designations.
(a)
The use of land and/or buildings shall be in accordance with those listed in the following schedule of uses chart. No land or building shall hereinafter be used and no building or structure shall be erected, altered, converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in this schedule of uses is:
X | Designates use permitted in the zoning district indicated |
Designates use prohibited in district indicated | |
S | Designates use may be approved by specific use permit. (See also section 14.02.081) |
(b)
If a use is not listed, it is not allowed in any district.
(d)
Classification of new/unlisted uses.
It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the schedule of uses chart shall be made as follows:
(1)
Initiation.
(A)
A person, city department, the planning and zoning commission, or city council may propose zoning amendments to regulate new and previously unlisted uses.
(B)
A person requesting the addition of a new or unlisted use shall submit to the director of planning all information necessary for the classification of the use, including but not limited to:
(i)
The nature of the use and whether the use involves dwelling activity, sales, services, or processing;
(ii)
The type of product sold or produced under the use;
(iii)
Whether the use has enclosed or open storage and the amount and nature of the storage;
(iv)
Employment typically anticipated with the use;
(v)
Transportation requirements;
(vi)
The nature and time of occupancy and operation of the premises;
(vii)
The off-street parking and loading requirements;
(viii)
The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; and
(ix)
The requirements for public utilities such as sanitary sewer and water and any special public services that may be required.
(2)
The development services director shall refer the question concerning a new or unlisted use to the planning and zoning commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statements of facts in subsection (1)(B) above. An amendment to this chapter shall be required as prescribed by ordinance.
(3)
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the most similar and should be permitted.
(4)
The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall approve or disapprove the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the zoning ordinance according to ordinance.
(5)
Standards for new and unlisted uses may be interpreted by the development services director as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined in subsection (1)(B) above shall be followed for determination of the appropriate district. The decision of the development services director may be appealed according to the process outlined in subsections (2) through (4) above.
(e)
Schedule of uses chart.
Use | AO | R2 | R1.5 | R1 | VC | CB | OS | MH | LI | ED |
|---|---|---|---|---|---|---|---|---|---|---|
Residential Uses | ||||||||||
Accessory buildings | X | X | X | X | X | X | X | |||
Accessory dwelling unit | X | X | X | X | X | |||||
Caretaker/guard residence | X | S | X | |||||||
Community home | X | X | X | X | X | |||||
Home occupation | X | X | X | X | X | X | ||||
Mobile home on individual lot | X | |||||||||
Mobile home park | X | |||||||||
Multifamily residence | X | |||||||||
Registered family home | S | S | S | S | S | |||||
Single-family dwelling (detached) | X | X | X | X | X | |||||
Temporary field construction office | X | X | X | X | X | X | X | X | ||
Educational, Institutional, Public and Special Uses | ||||||||||
Adult, child care or day care center | S | X | S | |||||||
Amateur communications antenna | X | X | X | X | X | |||||
Athletic stadium or field (not with public school) | S | S | S | S | S | S | ||||
Church including church related activities | X | X | X | X | X | X | X | X | X | X |
Community center (public) | X | X | X | X | X | X | X | X | ||
Equestrian facilities | X | S | X | X | X | |||||
Equestrian boarding | X | X | X | X | X | |||||
Farm, ranch, garden or orchard | X | X | X | X | X | X | X | X | ||
Fire or police station | X | X | X | X | X | X | X | X | ||
Government offices (federal, state, county, city) | X | X | X | X | X | X | X | X | X | |
Halfway house | X | |||||||||
Hospital | S | X | ||||||||
Clinic | S | X | X | |||||||
Library (public) | X | X | X | X | X | X | X | X | ||
Movie theater | X | X | ||||||||
Municipal uses operated by the city | X | X | X | X | X | X | X | X | X | X |
Museum | X | S | S | S | X | X | S | X | S | |
Nursing home | S | S | S | |||||||
Pet boarding | S | S | S | |||||||
Pet day care | S | S | ||||||||
Philanthropic institutions | S | X | X | |||||||
Public park or playground | X | X | X | X | X | X | X | X | X | X |
Radio, TV antenna or tower | S | S | ||||||||
Broadband antenna support structure | X | X | X | X | X | |||||
Recreation area | S | X | X | |||||||
Recycling center/recycle container | S | |||||||||
Retirement home/senior independent living facility | S | S | S | |||||||
School (private) | S | S | S | S | S | X | S | X | S | |
School (public) | X | X | X | X | X | X | X | X | X | X |
School, trade or commercial | S | S | S | X | ||||||
Trade days/periodic or seasonal open market | S | S | X | |||||||
Office and Professional | ||||||||||
General professional office | X | X | X | |||||||
Bank or credit union | X | X | X | |||||||
Medical/dental clinic | X | X | X | |||||||
Medical laboratory | S | S | X | |||||||
Medical minor emergency clinic | S | S | X | |||||||
Radio broadcasting without tower | S | X | X | |||||||
Real estate sales office (permanent) | X | X | X | |||||||
Retail and Related Uses | ||||||||||
Antique shop | X | X | X | |||||||
Art and craft supply store | X | X | X | |||||||
Athletic training facilities | S | S | ||||||||
Bakery (retail) | X | X | X | |||||||
Barber shop or beauty salon | X | X | X | |||||||
Bicycle, lawnmower sales, repair enclosed | X | X | ||||||||
Bookstore | X | X | X | |||||||
Building materials and hardware (inside) | X | X | ||||||||
Camera store | X | X | X | |||||||
Ceramics store | X | X | ||||||||
Clothing, apparel or shoe store (new) | X | X | X | |||||||
Coffee house | S | X | X | |||||||
Computer sales and repair (new and used) | X | X | X | |||||||
Convenience store with refueling station | S | X | ||||||||
Convenience store without refueling station | X | X | X | |||||||
Dance studio or gymnastics | S | X | X | |||||||
Department store (retail) | S | S | S | |||||||
Donut shop | X | X | X | |||||||
Driving school | X | X | ||||||||
Dry cleaning/laundry (no plant on site) | X | X | X | |||||||
Dry cleaning plant | X | |||||||||
Fabric store | X | X | X | |||||||
Farmer's market | S | S | S | X | ||||||
Feed store | X | X | ||||||||
Fish and tackle store | S | X | X | |||||||
Florist | X | X | X | |||||||
Funeral home | X | |||||||||
Furniture store, home furnishings | X | X | X | |||||||
Gift shop (new merchandise) | X | X | X | |||||||
Grocery store | X | X | X | |||||||
Gunsmith | S | S | ||||||||
Hobby or toy store | X | X | X | |||||||
Ice cream or frozen yogurt sales | X | X | X | |||||||
Kennels | S | S | ||||||||
Key shop or locksmith | X | X | X | |||||||
Laundromat (self-service) | S | |||||||||
Meat market (retail) | X | X | X | |||||||
Medical aids and equipment | X | X | X | |||||||
Musical instrument sales and repair | X | X | X | |||||||
Nursery (retail) | X | X | ||||||||
Outside display of merchandise | S | S | S | |||||||
Optical store | X | X | X | |||||||
Paint store | S | X | ||||||||
Pet shop | S | S | S | |||||||
Pharmacist or drug store (without drive thru) | X | X | X | |||||||
Pharmacist or drug store (with a drive thru) | S | S | S | |||||||
Printing shop | X | X | ||||||||
Produce stand (including wood and seasonal items) | S | S | X | X | ||||||
Recycling collection center | X | X | ||||||||
Refueling station | S | X | ||||||||
Restaurant, cafe or cafeteria (excluding smoked on site) | X | X | X | |||||||
Restaurant drive in | S | S | X | |||||||
Restaurant (food smoked on site) | S | S | X | |||||||
Self-storage | S | S | ||||||||
Sporting goods | X | X | X | |||||||
Tack and saddle shop | S | X | X | X | ||||||
Therapeutic message | S | S | S | |||||||
Used clothing store | S | S | S | |||||||
Veterinarian office (with outside pens) | S | X | ||||||||
Veterinarian office (without outside pens) | X | X | ||||||||
Wallpaper, flooring and carpet supply | X | X | ||||||||
Automobile, Transportation, Utility, Communication and Related Uses | ||||||||||
Automobile repair collision services | S | S | ||||||||
Auto parts store | X | X | ||||||||
Automotive repair minor | S | S | ||||||||
Automobile sales (new) | S | X | ||||||||
Automobile sales (used) | S | X | ||||||||
Boat sales (new or used) | S | X | ||||||||
Communication towers | S | S | ||||||||
Electrical substation | S | S | S | S | S | S | S | S | ||
Manufacturing (light industrial - enclosed only) | X | |||||||||
Mobile home sales (new or used) | S | |||||||||
Motorcycle repair/paint (enclosed) | S | X | ||||||||
Recreation vehicle sales (new or used) | X | |||||||||
Telephone exchange | S | S | S | S | S | S | S | S | ||
Truck sales (new) | X | |||||||||
Truck sales (used) | X | |||||||||
Truck rental, leasing | X | |||||||||
Trailer rental/sales | X | |||||||||
Tractor sales (new or used) | X | |||||||||
Vehicle leasing or rental | S | X | ||||||||
Vehicle wash | S | X | ||||||||
Water utilities | X | X | X | X | X | X | X | X | X | X |
Other Uses | ||||||||||
Forestry | S | |||||||||
Mining | S | |||||||||
RV, boat, motorized or non-motorized vehicles, (inside or outside storage) | S | |||||||||
Temporary real estate sales office | X | X | X | X |
(Ordinance 2008-11-00634 adopted 11/20/08; Ordinance 2012-05-00715, sec. 4, adopted 5/17/12; Ordinance 2012-10-00737 adopted 10/4/12; Ordinance 2016-03-00832 adopted 3/3/16; Ordinance 2016-10-00845 adopted 10/20/16; Ordinance 2017-04-00853 adopted 4/6/17; Ordinance 2017-07-00859 adopted 7/6/17; Ordinance 2018-03-00876 adopted 3/1/18; Ordinance 2020-12-00927 adopted 12/17/20; Ordinance 2024-03-00998 adopted 3/21/2024)