4.01.01. Description: The AR - Agricultural/Residential Districtis intended to retain the open character of the land. This district is primarily designed for those areas on the periphery and within Santa Fe which have soils most suitable for agricultural production. Agricultural activities are frequently associated with noise, odors, dust, aerial chemical spraying, and other activities generally incompatible with urban life. However, agriculture forms a vital segment of both the Texas and local economy. Therefore, it is the purpose of the AR - District to provide areas of low density development to accommodate land uses within a district which will have the least negative impacts on agriculture. Developmental standards within the AR - District are designed to provide for a high quality of life while effectively reducing the need for extensive urban infrastructure and associated public facilities. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.01.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.01.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.01.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

A.

Lot Area: A lot located in the AR - Agricultural Residential District shall have not less than ten thousand (10,000) square feet of area where public water and sewer are available or one-half (½) acre elsewhere or as approved by the Galveston County Health Department.

B.

Lot Width: A lot located in the AR - Agricultural Residential District shall have not less than eighty (80) feet of width as measured at the front and rear building setback line.

C.

Lot Depth: A lot located in the AR - Agricultural Residential District shall have not less than one hundred (100) feet of depth.

D.

Front Yard: Each lot in an AR - Agricultural Residential District shall have a front yard building line setback of not less than twenty-five (25) feet.

E.

Rear Yard: Each lot in an AR - Agricultural Residential District shall have a rear yard building line setback of not less than fifteen (15) feet.

F.

Side Yard: Each lot in an AR - Agricultural Residential District shall have side yard building line setbacks of not less than ten (10) feet on each side. Any exterior side yard building line setback shall be not less than fifteen (15) feet. Exception: Any exterior side yard building line setback adjacent to a lot facing the side street shall be increased to match the front yard building line setback required for that adjacent lot.

G.

Density: One (1) dwelling unit per lot or tract and two (2) accessory apartments (see 4.01.06 below).

H.

Lot Coverage: Structures on an AR - Agricultural Residential District lot shall not cover more than twenty (20) percent of the lot. Exception: Structures on an AR - Agricultural Residential District lot one-half (½) acre or less in size may cover up to forty (40) percent of the lot.

I.

Height: No structure on an AR - Agricultural/Residential District lot shall exceed thirty-five (35) feet in height, except non-habitable agricultural structures such as silos and similar structures and radio frequency communications structures.

4.01.05. Signs: No lot located in this zoning district may have more than one (1) sign. No sign may exceed twenty (20) square feet in area. No sign may exceed five (5) lineal feet on any side. All signs shall be constructed in accordance with specifications provided by the Santa Fe Zoning Officer. (Note limits established by Section 5.03 "Home Occupations" and by Article 7, "Outdoor Advertising Sign Regulation".)

4.01.06. Encroachment by Accessory Structures: Accessory structures may encroach on the rear yard set backs of any lot where the rear lot line abuts a dedicated alley; but in no case shall such structure be located closer than five (5) feet from such rear property line. In addition, unattached non-dwelling unit accessory buildings or structures less than fifteen (15) feet in height, as measured from the adjacent grade to the highest point of any portion of such building or structure, may be located in a required rear yard within a residential district, provided they are set back not less than ten (10) feet from any rear lot line.

Primary and Accessory Structure Restrictions: The following additional restrictions are placed on primary and accessory structures:

A.

No primary or accessory structures or other obstructions, including but not limited to, decks, pools, paving, landscaping structures, fountains or trees, shall be erected or planted on any utility or drainage easement.

B.

Connecting breezeways shall not exceed eight (8) feet in width at the eaves and must be provided with fire stopping in accordance with building codes.

C.

Eaves of primary buildings shall not project into building line setbacks more than two (2) feet; eaves of accessory buildings shall not project into the required building line setback more than one and one-half (1½) feet.

D.

Chimneys, fireplaces, bay or bow windows and similar architectural features of primary and accessory buildings shall not reduce the minimum yard building line setback by projecting into or over such yard setbacks.

4.01.07. Occupancy of Accessory Apartments Limited: The initial occupancy of Accessory Apartments shall be limited to relatives of the occupant of the main dwelling unit not greater than the third degree of consanguinity and the second degree of affinity. Upon vacancy by the original occupant(s), the relationship restriction is removed and the Accessory Apartment may be rented.

(Ord. No. 17-2006, § 2, 11-9-06; Ord. No. 04-2007, 3-8-07; Ord. No. 14-2007, 5-24-07; Ord. No. 20-2007, § 1, 7-26-07; Ord. No. 08-2013, § 1, 4-25-13)

4.02.01. Description: This district is primarily intended for single-family detached residential dwellings and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.02.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.02.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.02.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

A.

Lot Area: A lot located in the R-1 - Single-Family Residential District shall have not less than seven thousand five hundred (7,500) square feet of area.

1.

New Single-Family Residential Development: In areas where public water and sewer are readily available, and streets are paved with curb and gutters in place or platted as such, lot area shall not be less than six thousand six hundred (6,600) square feet.

B.

Lot Width: A lot located in the R-1 - Single Family Residential District shall have not less than sixty (60) feet of width as measured at the front and rear building setback line.

1.

New Single-Family Residential Development: In areas where public water and sewer are readily available, and streets are paved with curb and gutters in place or platted as such, lot width shall not have less than fifty-five (55) feet as measured from the front building set back line.

C.

Lot Depth: A lot located in the R-1 - Single-Family Residential District shall have not less than one hundred (100) feet of depth.

D.

Front Yard: Each lot in an R-1 - Single-Family Residential District shall a front yard building line setback of not less than twenty-five (25) feet.

E.

Rear Yard: Each lot in an R-1 - Single-Family Residential District shall have a rear yard building line setback of not less than fifteen (15) feet.

F.

Side Yard: Each lot in an R-1 - Single-Family Residential District shall have side yard building line setbacks of not less than six (6) feet on each side. Any exterior side yard building line setback shall be not less than fifteen (15) feet. Exception: Any exterior side yard building line setback adjacent to a lot facing the side street shall be increased to match the front yard required for that adjacent lot.

G.

Density: One (1) dwelling unit per lot or tract and one (1) accessory apartment (see 4.02.06).

H.

Lot Coverage: Structures on an R-1 - Single-Family Residential District lot shall not cover more than forty (40) percent of the lot.

I.

Height: No structure in an R-1 - Single-Family Residential District shall exceed thirty-five (35) feet in height.

4.02.05. Signs: No lot located in this zoning district may have more than one (1) sign. No sign may exceed twenty (20) square feet in area. No sign may exceed five (5) lineal feet on any side. All signs shall be constructed in accordance with specifications provided by the Santa Fe Zoning Officer. (Note limits established by Section 5.03 "Home Occupations" and by Article 7, "Outdoor Advertising Sign Regulation".)

4.02.06. Encroachment by Accessory Structures: Accessory structures may encroach on the rear yard set backs of any lot where the rear lot line abuts a dedicated alley; but in no case shall such structure be located closer than five (5) feet from such rear property line. In addition, unattached non-dwelling unit accessory buildings or structures less than fifteen (15) feet in height, as measured from the adjacent grade to the highest point of any portion of such building or structure, may be located in a required rear yard within a residential district, provided they are set back not less than ten (10) feet from any rear lot line.

Primary and Accessory Structure Restrictions: The following additional restrictions are placed on primary and accessory structures:

A.

No primary or accessory structures or other obstructions, including but not limited to, decks, pools, paving, landscaping structures, fountains or trees, shall be erected or planted on any utility or drainage easement.

B.

Connecting breezeways shall not exceed eight (8) feet in width at the eaves and must be provided with fire stopping in accordance with building codes.

C.

Eaves of primary buildings shall not project into building line setbacks more than two (2) feet; eaves of accessory buildings shall not project into the required building line setback more than one and one-half (1½) feet.

D.

Chimneys, fireplaces, bay or bow windows and similar architectural features of primary and accessory buildings shall not reduce the minimum yard building line setback by projecting into or over such yard setbacks.

E.

Occupancy of Accessory Apartments Limited: The initial occupancy of Accessory Apartments shall be limited to relatives of the occupant of the main dwelling unit not greater than the third degree of consanguinity and the second degree of affinity. Upon vacancy by the original occupant(s), the relationship restriction is removed and the Accessory Apartment may be rented.

(Ord. No. 17-2006, § 3, 11-9-06; Ord. No. 04-2007, 3-8-07; Ord. No. 20-2007, § 2, 7-26-07; Ord. No. 03-2019, § 1, 7-25-19)

4.03.01. Description: This district is primarily intended for medium density single-family attached and detached residential dwellings and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.03.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.03.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.03.04. Qualification: To qualify for application of medium density regulations under this Section, the lots must be platted or replatted in conformance to these restrictions. Lots pre-existing this regulation shall conform to R-1 - Single-Family Residential District restrictions.

4.03.05. Area and Dimensional Regulations: The following regulations operate under the principal of density transfer of area to commonly held ownership.

A.

Density Transfer: Each residence shall be provided the equivalent of five thousand (5,000) square feet of land, exclusive of street and alley rights-of-way, dedicated storm water control structures and similar areas dedicated to public use.

B.

Front Yard: Each lot in an R-2 Medium Density Residential District shall have a front yard building line setback of not less than the greater of twenty-five (25) feet from the front property line or thirty-five (35) feet from the back of curb.

C.

Rear Yard: Each lot in an R-2 Medium Density Residential District shall have a rear yard building line setback or unroofed patio depth of not less than twenty-five (25) feet.

D.

Side Yard: Each lot in an R-2 Medium Density Residential District shall have side yard building line setbacks of not less than as set out in "type specific restrictions", 4.03.08 below).

E.

Density: One (1) residential unit per lot when detached and two (2) units per lot when attached. No accessory apartments are permitted.

F.

Height: No structure in an R-2 Medium Density Residential District shall exceed thirty-five (35) feet in height.

4.03.06. Signs: No lot located in this zoning district may have more than one (1) sign. No sign may exceed twenty (20) square feet in area. No sign may exceed five (5) lineal feet on any side. All signs shall be constructed in accordance with specifications provided by the Santa Fe Zoning Officer. (Note limits established by Section 5.03 "Home Occupations" and by Article 7, "Outdoor Advertising Sign Regulation".)

4.03.07. Encroachment by Accessory Structures: Accessory structures may encroach on the rear yard set backs of any lot where the rear lot line abuts a dedicated alley; but in no case shall such structure be located closer than five (5) feet from such rear property line. In addition, unattached non-dwelling unit accessory buildings or structures less than fifteen (15) feet in height, as measured from the adjacent grade to the highest point of any portion of such building or structure, may be located in a required rear yard within a residential district, provided they are set back not less than ten (10) feet from any rear lot line.

Primary and Accessory Structure Restrictions: The following additional restrictions are placed on primary and accessory structures:

A.

No primary or accessory structures or other obstructions, including but not limited to, decks, pools, paving, landscaping structures, fountains or trees, shall be erected or planted on any utility or drainage easement.

B.

Connecting breezeways shall not exceed eight (8) feet in width at the eaves and must be provided with fire stopping in accordance with building codes.

C.

Eaves of primary buildings shall not project into building line setbacks more than two (2) feet; eaves of accessory buildings shall not project into the required building line setbacks more than one and one-half (1½) feet.

D.

Chimneys, fireplaces, bay or bow windows and similar architectural features of primary and accessory buildings shall not reduce the minimum yard building line setbacks by projecting into or over such yard setbacks.

4.03.08. Type-Specific Restrictions:

A.

Conventional:

1.

Lot Area: A lot located in the R-2 Medium Density Residential District shall have no less than five thousand (5,000) square feet of area.

2.

Lot Width: A lot located in the R2-Medium Density Residential District shall have not less than forty (40) feet of width as measured at the front and rear building setback line.

3.

Lot Depth: A lot located in the R-2 Medium Density Residential District shall have not less than eighty (80) feet of depth.

4.

Each lot shall have side yards of not less than six (6) feet on each side.

5.

Lot coverage: Structures on an R-2 Medium Density Residential District lot shall not cover more than forty (40) percent of the lot.

B.

Zero Lot Line:

1.

Each lot shall have a zero (0) side yard building line setback on one side and not less than a twelve (12) feet side yard building line setback on the opposite side.

2.

Any side abutting properties outside of the zero lot line development shall have a side yard building line setback of not less than six (6) feet.

3.

Any side abutting a street right-of-way shall have a side yard building line setback of not less than fifteen (15) feet or twenty-five (25) feet if adjoining a lot fronting said side street.

4.

The wall of any structure within ten (10) feet of a property line shall be constructed of decorative masonry or decorative masonry veneer.

5.

The zero lot line shall be screened by a matching solid decorative masonry wall extending between the residential unit and the front and rear yard building line setback lines. The remainder of the zero (0) side yard building line setback shall be screened from the adjoining lot by an opaque fence. All fences shall be no less than seven (7) feet high nor more than nine (9) feet high measured from grade.

6.

Any lateral wall crossing a side yard building line setback shall contain a three (3) feet wide gate, not more than eighty (80) percent opaque or similar grade level opening. This opening is intended for fire fighting access.

7.

No eave or other building encroachment shall be permitted on the zero (0) yard building line setback except eave guttering may encroach up to one (1) foot.

8.

Roofs pitched toward the zero lot line side shall be storm water guttered in a manner that precludes drainage flooding to the adjoining yard.

9.

A twenty (20) feet wide alley or unobstructed (including fences) utility easement may be provided by the developer across the rear of all lots and, if provided by the developer, shall connect to an existing right-of-way. Such alley or easement may be divided between back-to-back lots. If provided by the developer, alleys shall be paved with concrete or asphalt with a width of no less than twelve (12) feet.

10.

Provision shall be made on the plat that permits right-of-access to the zero (0) lot line side of each party wall for maintenance purposes.

C.

Cluster Housing:

1.

The minimum lot size shall be determined by the projected roof area at the plane of the natural grade and may include un-roofed areas. The balance of the required minimum lot area shall be included in commonly owned landscaped area within the development.

2.

All primary structures shall maintain a twenty-five (25) building line setback from the perimeter limits of the full development or development phase.

3.

Any primary structures shall maintain no less than a twelve (12) feet separation from any other primary structure.

4.

Any structures within twenty (20) feet of another, exclusive of maximum eave encroachments of eighteen (18) inches, shall have exterior walls constructed of decorative masonry or decorative masonry veneer.

5.

Garden and patio walls shall be constructed of decorative masonry or masonry veneer and shall be not higher than nine (9) feet above adjoining grade.

6.

Roofs pitched toward neighboring patios and gardens shall be guttered in a manner that precludes drainage flooding to the neighboring patio or garden.

4.03.09. Transfer of Lot Area to Commonly Held Landscaping and Private Recreational Area: Up to two-thirds (⅔) of mandatory lot area may be transferred into commonly held landscaped or private recreational area but other provisions of this Section shall not be reduced thereby.

4.03.10. All vehicular circulation and parking shall be paved with concrete, asphalt or an approved masonry paver system.

4.03.11. Specific provision shall be incorporated into development in this classification allowing reasonable access by fire and other emergency vehicles and personnel to individual units.

(Ord. No. 04-2007, 3-8-07; Ord. No. 11-2007, 5-10-07; Ord. No. 20-2007, §§ 3, 5, 6, 7-26-07)

4.04.01. Description: This district is primarily intended for multiple-family dwellings consisting of townhouses, row houses, garden apartments, and other similar medium density designs, along with related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. The purpose of the R-3 District is to provide for a higher density residential district with a more diverse mixture of residential and associated land uses. In order to accommodate higher densities, a greater use of open space and recreational areas is required within this district. Projects in this district are intended for locations along or near designated arterial streets to accommodate the higher traffic generation of uses within the district. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.04.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.04.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.04.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

A.

Site Area: A site located in the R-3 - Multi-Family Residential District shall have not less than ten thousand (10,000) square feet.

B.

Site Width: A lot located in the R-3 - Multi-Family Residential District shall have not less than one hundred (100) feet of width as measured at the front and rear building setback line.

C.

Site Depth: A site located in the R-3 - Multi-Family Residential District shall have not less than one hundred (100) feet of depth.

D.

Additional Parking: In addition to the parking established by the Parking Matrix, additional office and/or visitor parking shall be required according to the following standard and shall be placed in close proximity to the project office or project manager's administrative location:

Three (3) to sixteen (16) units two (2) parking spaces.

One (1) additional parking space for every additional thirty-two (32) units thereafter.

E.

Front Yard: Each site in an R-3 - Multi-Family Residential District shall have a front yard building line setback of not less than twenty-five (25) feet.

F.

Rear Yard: Each site in an R-3 - Multi-Family Residential District shall have a rear yard building line setback of not less than twenty-five (25) feet.

G.

Side Yard: Each site in an R-3 - Multi-Family Residential District shall have side yard building line setbacks of not less than twenty-five (25) feet on each side.

H.

Lot Coverage: The maximum impervious surface permitted in the project shall be sixty (60) percent of the project site.

I.

Height: No structure in an R-3 - Multi-Family Residential District shall exceed two (2) stories in height. Exception: Multi-Family Residential may be increased to three (3) stories when connected to a public water supply with a capacity and pressure approved by the Fire Marshal.

4.04.05. Signs: No lot located in this zoning district may have more than one (1) sign. No sign may exceed twenty (20) square feet in area. No sign may exceed five (5) lineal feet on any side. All signs shall be constructed in accordance with specifications provided by the Santa Fe Zoning Officer. (Note limits established by Section 5.03 Home Occupations. Exception: Multi-family residential complexes may erect a single identification sign larger than twenty (20) square feet but otherwise limited by the provisions of Article 7, "Outdoor Advertising Sign Regulations".)

4.04.06. Buffering and Screening: Any property developed in this zoning district which adjoins or abuts any residential property shall provide a fifteen (15) foot wide buffer yard along the entire perimeter of such residential property. Any property developed in this zoning district which adjoins or abuts any residential property shall be screened along the entire perimeter of such lot or zoning district by a solid, opaque fence or dense landscaping, created and maintained in accordance with specifications which shall be provided by the Santa Fe Zoning Officer.

4.04.07. Landscaping: One (1) square foot of landscaping for each gross square foot of building area excluding detached support buildings such as offices, maintenance facilities, boiler and utility rooms and similar detached ancillary activity spaces and excluding detached buildings devoted exclusively to recreational activities

4.04.08. Additional Support Facilities: The greater of four hundred (400) square feet or five (5) percent of the lot area shall be dedicated and constructed for recreational uses; this is in addition to mandatory landscaping areas.

4.04.09. Platting: The creation of an R-3 - Multi-Family Residence shall require conformity to the platting requirements of the Santa Fe Subdivision Development Ordinance and Chapter 3 Building Regulations, Section 7, Multi-Family Dwellings of the Code of Ordinances.

4.04.10. Public Safety: Specific provision shall be incorporated into development in this classification allowing reasonable access by fire and other emergency vehicles and personnel to individual units.

A.

All vehicular circulation and parking shall be paved with concrete, asphalt or an approved masonry paver system. Streets shall be no less than twenty-four (24) feet wide. Cul-de-sacs shall have no less than forty (40) feet radius turn-arounds or "T" turn-arounds with a cross bar no less than eighty-five (85) feet long. Parking spaces may be loaded from streets but no parking may occur on streets except parallel parking may be permitted when streets are increased by eight (8) feet in width for parking on one (1) side only or sixteen (16) in width for parking on both sides.

B.

Buildings containing courts and court-yards shall be restricted as follows:

1.

Outer Courts: Any outer court in a multi-family dwelling shall have a minimum width no less than the greater of eight (8) feet or the depth or the height of the court; but, the width need not exceed thirty (30) feet in any case. Access to said court shall be directly to a street or yard and shall remain accessible to emergency services personnel at all times.

2.

Inner Courts: Any inner court in a multi-family dwelling shall have a length or width no less than the height of the building or wall surrounding the court. In no case shall an inner court be less than twenty (20) in width or length. Inner courts shall be served by no less than two (2) means of protected egress and shall remain accessible to emergency services personnel at all times.

(Ord. No. 20-2003, 8-28-03; Ord. No. 04-2007, 3-8-07)

4.05.01. Description: This district is intended to serve as a residential zone that will meet the needs of persons living in manufactured housing. The primary use of land in the MH District is for manufactured homes, other related religious, educational, and recreational facilities normally required for the provision of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.05.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance. Also, refer to Section 5.09 "Portable and Modular Building Standards".

4.05.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.05.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4F Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

A.

Site Area: A site for an MH - Manufactured Home District shall contain not less than two (2) acres.

B.

Lot Area: A lot located in the MH - Manufactured Home District shall have not less than seven thousand five hundred (7,500) square feet of area.

C.

Lot Width: A lot located in the MH - Manufactured Housing District shall have not less than sixty (60) feet of width as measured at the front and rear building setback line.

D.

Lot Depth: A lot located in the MH - Manufactured Home District shall have not less than one hundred twenty-five (125) feet of depth.

E.

Front yard: Each lot in an MH - Manufactured Home District shall have a front yard building line setback of not less than twenty-five (25) feet.

F.

Rear Yard: Each lot in an MH - Manufactured Home District shall have a rear yard building line setback of not less than fifteen (15) feet.

G.

Side Yard: Each lot in an MH - Manufactured Home District shall have side yard building line setbacks of not less than six (6) feet on each side. Any exterior side yard building line setback shall be not less than fifteen (15) feet. Exception: Any exterior side yard building line setback adjacent to a lot facing the side street shall be increased to match the front yard building line setback required for that adjacent lot.

H.

Height: No structure in an MH - Manufactured Home District shall exceed thirty-five (35) feet in height.

I.

Lot coverage: Structures on an MH - Manufactured Housing District lot shall not cover more than fifty (50) percent of the lot.

J.

Density: One (1) residential unit per lot. No accessory apartments are permitted.

4.05.05. Signs: No lot located in this zoning district may have more than one (1) sign. No sign may exceed twenty (20) square feet in area. No sign may exceed five (5) lineal feet on any side. All signs shall be constructed in accordance with specifications provided by the Santa Fe Zoning Officer. (Note limits established by Section 5.03 "Home Occupations" and by Article 7, "Outdoor Advertising Sign Regulation".)

4.05.06. In-Migration of Additional Mobile Homes Prohibited: On and after the effective date of the adoption of this Ordinance no additional mobile homes will be permitted to locate within the City.

4.05.07. Location of Manufactured Homes: Except as provided for in Section 4.05.08 below., manufactured homes shall be permitted to locate only in MH - Manufactured Home Zoning Districts.

A.

All manufactured housing shall be permanently affixed to the lot by means of a permanent foundation or by "tie-downs" which are approved by the Zoning Officer.

B.

All manufactured housing shall have any and all wheels and axles screened from public view. Said screening material shall be approved by the Zoning Officer.

4.05.08. Existing Mobile Homes: Mobile homes which are located within the City of Santa Fe on the day that this Ordinance becomes effective and which are not located in an MH Manufactured Home zoning district shall become legal nonconforming land uses. Such homes shall be permitted to remain within the City subject to the following:

A.

Mobile or manufactured homes may be conveyed or sold without penalty and may remain on legal nonconforming lots unless otherwise determined by the Zoning Officer to be unsafe and unfit for human habitation.

B.

A mobile or manufactured home destroyed by fire, storm, or act of God, may be replaced with a manufactured home on a legal nonconforming lot. A replacement manufactured home shall be permanently anchored to the site, fully skirted, and shall be otherwise installed in accordance with health, safety, aesthetic and performance standards as specified by the Zoning Officer.

C.

Individuals owning a legal, nonconforming mobile or manufactured home may replace it with another manufactured home. A replacement manufactured home shall be permanently anchored to the site, fully skirted, and shall be otherwise installed in accordance with health, safety, aesthetic and performance standards as specified by the Zoning Officer.

4.05.09. Where a legal nonconforming mobile home or manufactured home is removed from a lot, and where such lot remains vacant for a period of ninety (90) days or more, said vacancy shall terminate the legal nonconforming status of said lot, and it shall be used only for land uses permitted within the zoning district in which it is located.

4.05.10. Encroachment by Accessory Structures: Accessory structures may encroach on the rear yard set backs of any lot where the rear lot line abuts a dedicated alley; but in no case shall such structure be located closer than five (5) feet from such rear property line. In addition, unattached non-dwelling unit accessory buildings or structures less than fifteen (15) feet in height, as measured from the adjacent grade to the highest point of any portion of such building or structure, may be located in a required rear yard within a residential district, provided they are set back not less than ten (10) feet from any rear lot line.

Primary and Accessory Structure Restrictions: The following additional restrictions are placed on primary and accessory structures:

A.

No primary or accessory structures or other obstructions, including but not limited to, decks, pools, paving, landscaping structures, fountains or trees, shall be erected or planted on any utility or drainage easement.

B.

Connecting breezeways shall not exceed eight (8) feet in width at the eaves and must be provided with fire stopping in accordance with building codes.

C.

Eaves of primary buildings shall not project into set-backs more than two (2) feet; eaves of accessory buildings shall not project into the required setbacks more than one and one-half (1½) feet.

D.

Chimneys, fireplaces, bay or bow windows and similar architectural features of primary and accessory buildings shall not reduce the minimum yard set backs by projecting into or over such yard set backs.

4.05.11. Manufactured Home Parks: Manufactured Home Parks shall be governed by the regulations set out in the "Mobile Home Regulations" of the City and shall be in general conformity with the subdivision and platting regulations and "Public Works Specifications" of the City as adopted elsewhere by City Ordinances. Lot dimensions and yard requirements may vary from the above standards when approved by City Council.

(Ord. No. 04-2007, 3-8-07; Ord. No. 20-2007, § 4, 7-26-07; Ord. No. 08-2017, § 1, 9-14-17; Ord. No. 02-2018, § 1, 2-22-18; Ord. No. 11-2018, § 1, 9-27-18)

Editor's note— Section 1 of Ord. No. 11-2018 states:

SUSPENSION AND MODIFICATION OF ORDINANCES

(a)

The following ordinances and regulations are hereby suspended or modified as indicated:

All ordinances or regulations prohibiting or restricting manufactured homes, recreational vehicles, buses, vehicles with camper tops, motor homes, portable or temporary buildings, including but not limited to: City Code, Chapter 3, Section 14; the Santa Fe Zoning Ordinance, Section 4. 05, Section 5.08 and Section 5.09; are suspended or modified to allow the minimal use of same while the property owner is without electric power, or is making construction repairs related to Hurricane Harvey, provided the property owner is taking diligent steps to make said repairs.

(b)

The suspension or modifications of the ordinances and regulations listed in Subsection (a) shall continue to remain in effect for an additional six (6) months, through February 25, 2019.

4.06.01. Description: The NC - Neighborhood Commercial District is designed to facilitate centers which accommodate trade and personal services meeting the basic needs of families residing in areas adjacent to such centers. Requirements for sunlight, natural air circulation, open space, and off-street parking area more restrictive in the NC District because the retail trade and services located within it are intended to become an integral part of the neighborhood and must operate in harmony with other residential, educational, religious and recreational land use activities. Uses allowed in the district are intended to produce a relatively low traffic volume and are not intended to create any noise, lighting, glare, or odors abnormal to a residential environment. No outside storage of goods or materials is allowed. Screening and buffering standards are incorporated to reduce the negative impact of the NC District land-uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.06.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.06.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.06.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4F Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

4.06.05. Standard for Single-Family Residential Use of Commercial Property: Single-family residential construction placed in this commercial district shall conform to the more restrictive of the standards for both R-1 - Single-Family Residential District and NC - Neighborhood Commercial District in which placed.

4.06.06. Single-Family Residential Subdivision Prohibited: Property within commercial districts shall not be subdivided for R-1 - Single-Family Residential District purposes.

4.06.07. Performance Regulations Arising from Scale:

A.

This district contains Small Scale and Large Scale provisions. If a property and associated buildings meet all of the Small Scale criteria, then the property qualifies to be constructed under the Small Scale Performance Standards. If the property or associated buildings fail to meet any of the Small Scale criteria then the property must meet the provisions of the Large Scale Performance Standards. The Large Scale Performance Standards shall be the default standards.

B.

When a property is modified in a manner that removes it from the Small Scale category it must be upgraded to the Large Scale Performance Standards, consistent with the controlling PENC (Pre-existing nonconforming) notes accompanying the matrix text. No Occupancy Permit shall be issued until all characteristics of the upgrade are consistent with these standards.

C.

A Temporary Occupancy may be issued by the Development Officer during the construction phase when continuous occupancy of parts of the facility can be maintained. Failure to abate the pre-existing nonconforming conditions in a timely manner shall be cause to cancel such Temporary Occupancy Permit.

4.06.08. Criteria and Regulations:

See Appendix 4-A for NC - Neighborhood Commercial District Small Scale Criteria and Regulations.

See Appendix 4-A for NC - Neighborhood Commercial District Large Scale Criteria and Regulations.

See Appendix 4-A for Accompanying "Notes and Pre-existing Non-conforming (PENC) Conditions".

4.07.01. Description: The HC - Highway Commercial District is designed to accommodate offices and retail activities associated with the major arterial highways located in Santa Fe. The front yard setback, site access, and site design requirements associated with this district are intended to reduce the impact of the heavy vehicular traffic so often present in this district. Screening and buffering standards are incorporated to reduce the negative impact of the HC District land-uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.07.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.07.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.07.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

4.07.05. Standard for Single-Family Residential Use of Commercial Property: Single-Family Residential construction placed in this commercial district shall conform to the more restrictive of the standards for both R-1 - Single-Family Residential District and HC - Highway Commercial District in which placed.

4.07.06. Single-Family Residential Subdivision Prohibited: Property within commercial districts shall not be subdivided for R-I - Single-Family Residential District purposes.

4.07.07. Performance Regulations Arising from Scale:

A.

This district contains Small Scale and Large Scale provisions. If a property and associated buildings meet all of the Small Scale criteria, then the property qualifies to be constructed under the Small Scale Performance Standards. If the property or associated buildings fail to meet any of the Small Scale criteria then the property must meet the provisions of the Large Scale Performance Standards. The Large Scale Performance Standards shall be the default standards.

B.

When a property is modified in a manner that removes it from the Small Scale category it must be upgraded to the Large Scale Performance Standards, consistent with the controlling PENC (Pre-existing nonconforming) notes accompanying the matrix text. No Occupancy Permit shall be issued until all characteristics of the upgrade to are consistent with these standards.

C.

A Temporary Occupancy may be issued by the Development Officer during the construction phase when continuous occupancy of parts of the facility can be maintained. Failure to abate the pre-existing nonconforming conditions in a timely manner shall be cause to cancel such Temporary Occupancy Permit.

4.07.08. Criteria and Regulations:

See Appendix 4-B for HC - Highway Commercial Small Scale Criteria and Regulations.

See Appendix 4-B for HC - Highway Commercial Large Scale Criteria and Regulations.

See Appendix 4-B for Accompanying "Notes and Pre-Existing Nonconforming (PENC) Conditions".

4.08.01. Description: This district is intended to serve the needs of limited manufacturing, fabrication, assembling, warehousing and wholesaling businesses. Because of the potential environmental problems inherent in manufacturing processes, stringent performance standards are made applicable to this district. It is recognized that lot depth is limited in this zone and special consideration of yard set backs are necessary. Furthermore, special consideration is given to ameliorate the negative result of the reduced yard set backs. Screening and buffering standards are incorporated to reduce the negative impact of the TR District land-uses on abutting neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.08.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.08.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.08.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

4.08.05. Performance Regulations arising from scale:

A.

This district contains Small Scale and Large Scale provisions. If a property and associated buildings meet all of the Small Scale criteria, then the property qualifies to be constructed under the Small Scale performance standards. If the property or associated buildings fail to meet any of the Small Scale criteria then the property must meet the provisions of the Large Scale Performance Standards. The Large Scale Performance Standards shall be the default standards.

B.

When a property is modified in a manner that removes it from the Small Scale category it must be upgraded to the Large Scale Performance Standards, consistent with the controlling PENC (Pre-existing nonconforming) notes accompanying the matrix text. No Occupancy Permit shall be issued until all characteristics of the upgrade are consistent with these standards.

C.

A Temporary Occupancy may be issued by the Development Officer during the construction phase when continuous occupancy of parts of the facility can be maintained. Failure to abate the pre-existing nonconforming conditions in a timely manner shall be cause to cancel such Temporary Occupancy Permit.

4.08.06. Criteria and Regulations:

See Appendix 4-C for TR - Transportation Small Scale Criteria and Regulations.

See Appendix 4- C for TR - Transportation Large Scale Criteria and Regulations.

See Appendix 4-C for Accompanying "Notes and Pre-existing Nonconforming (PENC) Conditions".

4.10.01. Description: This district is intended to serve the needs of manufacturing, fabrication, assembling, warehousing and wholesaling businesses. Because of the potential environmental problems inherent in manufacturing processes, stringent performance standards are made applicable to this district. It is intended that industrial areas in Santa Fe reflect a campus orientation with large lot design and substantial landscaping. Screening and buffering standards are incorporated to reduce the negative impact of the PS District land-uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.09.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.09.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.09.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

4.09.05. Standard for Single-Family Residential Use of Commercial Property: Single-Family Residential construction placed in this commercial district shall conform to the more restrictive of the standards for both R-1 - Single-Family Residential District and LM - Light Manufacturing District in which placed.

4.09.06. Single-Family Residential Subdivision Prohibited: Property within commercial districts shall not be subdivided for R-1 - Single-Family Residential District purposes.

4.09.05. Performance Regulations Arising from Scale:

A.

This district contains Small Scale and Large Scale provisions. If a property and associated buildings meet all of the Small Scale criteria, then the property qualifies to be constructed under the Small Scale performance standards. If the property or associated buildings fail to meet any of the Small Scale criteria then the property must meet the provisions of the Large Scale Performance Standards. The Large Scale Performance Standards shall be the default standards.

B.

When a property is modified in a manner that removes it from the Small Scale category it must be upgraded to the Large Scale Performance Standards, consistent with the controlling PENC (Pre-existing nonconforming) notes accompanying the matrix text. No Occupancy Permit shall be issued until all characteristics of the upgrade are consistent with these standards.

C.

A Temporary Occupancy may be issued by the Development Officer during the construction phase when continuous occupancy of parts of the facility can be maintained. Failure to abate the pre-existing nonconforming conditions in a timely manner shall be cause to cancel such Temporary Occupancy Permit.

4.09.06. Criteria and Regulations:

See Appendix 4-D for LM - Light Manufacturing Small Scale Criteria and Regulations.

See Appendix 4 D for LM - Light Manufacturing Large Scale Criteria and Regulations.

See Appendix 4-D for Accompanying "Notes and Pre-existing Nonconforming (PENC) Conditions".

4.10.01. Description: A number of findings from cities in Texas and other states (Michigan, Washington, and Virginia, among others) indicate that the concentration of certain sexually oriented business or so-called "adult entertainment" business tends to result in the blighting and deterioration of areas of such concentration. Accordingly, it is necessary that these business be regulated so that they have the least negative impact on residential neighborhoods, educational institutions, religious institutions, and the public. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies identified in the Santa Fe Comprehensive Plan.

4.10.02. Uses Permitted by Right: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.10.03. Conditional Uses: Please see Appendix 4F Zoning District Matrix, at the end of this Section of the Ordinance.

4.10.04. Area Regulations: For a comprehensive review of area regulations pertaining to all zoning districts, please see Appendix 4E Lot Area and Standards Matrix, at the end of this Section of the Ordinance.

A.

Lot Area: All lots located in the AU - Adult Uses District shall have not less than ten thousand (10,000) square feet in area.

B.

Lot Width: Each lot in an AU - Planned Uses District shall be no less than eighty (80) feet in width.

C.

Lot Depth: Each lot in an AU - Adult Uses District shall have not less than one hundred and twenty-five feet (125) in depth.

D.

Front Yard: Each lot in an AU - Adult Uses District shall a front yard of not less than twenty-five (25) feet.

E.

Rear Yard: Each lot in an AU - Adult Uses District shall have a rear yard of not less twenty-five (25) feet.

F.

Side Yard: Each lot in an AU - Adult Uses District shall have side yards of not less than fifteen (15) feet. Exception: Any exterior side yard adjacent to a lot facing the side street shall be increased to match the front yard required for that adjacent lot.

G.

Lot Coverage: Structures on an AU - Adult Uses District lot shall not cover more than forty (40) percent of the lot area.

H.

Height: No structure on an AU - Adult Uses District lot shall exceed thirty-five (35) feet.

I.

All other site and structure limitations shall conform to those standards established by Neighborhood Commercial District (Large Scale).

4.10.05. Buffering and Screening: As required by Neighborhood Commercial District (Large Scale).

4.10.06. Additional Regulations: Please see Article 5, of this Ordinance.

4.11.01. Purpose: The Planned Unit Development (PUD) option provides for mixed use design and promotes superior development compatible with adjacent land uses. Development flexibility occurs in the program's degree of zoning relief realized from the jurisdiction's traditional land use standards approved by City Council.

4.11.02. Objectives: A typical PUD development project may consist of a mixture of residential, commercial, entertainment, recreational and other site specific compatible type development in character and function to the surrounding community. Objectives of a PUD District are:

(1)

To provide a mechanism by which existing land use and development criteria may be adjusted to accommodate for creative development proposals using an array of otherwise permissible land uses, shared common areas, parking and street system.

(2)

To permit the use of a single development site for the development of a mixture of commercial and residential activities preferably with an 80 to 20 ratio of residential to commercial facilities.

(3)

To encourage comprehensive well planned and creative development of land in the city.

(4)

To strategically limit traffic demands upon city streets and highways. Refer to City of Santa Fe Development Guide Book for traffic impact analysis requirements.

(5)

To establish predetermined amounts of open or green space for the utilization by the public and neighborhood residents.

(6)

To encourage strategic design that results in smaller networks of utilities and streets.

(7)

To encourage a pedestrian oriented environment (sidewalks) with limited vehicular access to commercial areas.

4.11.03. PUD District Unique: Each designated PUD district will have unique standards particular only to that development approved by City Council and duly recorded in the Office of the Galveston County Clerk. No PUD designation may be applied to property located within any Adult Use (AU), Transportation (TR) or Mobile Home (MH) district.

4.11.04. Scope:

(a)

In order to achieve the goals of the City of Santa Fe Comprehensive Plan and to allow flexibility in development that will result in improved design, character, and quality of new mixed use developments and preserve the natural and scenic features of open spaces, a PUD may be established as provided in this chapter.

(b)

A PUD is an amendment to the Zoning Development Standards Ordinance (ZDSO) and the City of Santa Fe Official Zoning Map. An adopted PUD Master Plan may be utilized as an instrument to establish a PUD Overlay on the Official Zoning Map. The adopted PUD map is a zoning overlay map for the property. The establishment of a PUD is an action derived from the adoption of an ordinance. All ordinances approved by City Council require the requisite number of public hearings before the Planning Commission and City Council.

(c)

It is the intent of these PUD provisions to encourage innovative site planning for residential, commercial, institutional, and industrial developments within the PUD. A PUD may provide for variations from the ZDSO and the regulations of other established zoning districts concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare.

(d)

The purpose of approving a PUD Overlay is to implement the Comprehensive Plan by providing additional flexibility in land planning that will result in improving design, character, and quality of new, homogenous and mixed use developments; to promote the most appropriate use of land; to facilitate the provision of such things as streets, and utilities; and to preserve the natural and scenic features and open space.

(e)

The City of Santa Fe Comprehensive Plan contemplates the establishment through a rezoning process the PUD concept in any area when an applicant demonstrates that the proposal meets the requirements of City of Santa Fe Zoning and Development Standards Ordinance.

4.11.05. Qualifications for PUD zoning:

(a)

PUD as a planning tool is designed to create innovative site designs. The connection to surrounding areas that increase accessibility and interconnectivity is a goal of PUD and should be encouraged to the greatest extent possible.

(b)

All property that is at least fifteen (15) contiguous acres and eligible to be classified as a priority investment area may be approved as a PUD.

(c)

All applications for a PUD regardless of size shall submit a Concept Plan for review.

(d)

Properties unusually complex or involving environmentally sensitive areas may elect to schedule a pre-application conference with the Community Services Director (CSD) prior to the submission of a Concept Plan to avoid undue delays and expense in the review process.

(e)

All property classified as PUD shall be under single ownership, or if in multiple ownership, then by written consent of all owners who agree to be bound by the PUD designation and regulations.

(f)

The detailed standards set forth herein are minimum requirements and it is the intent of this section that city staff and the Planning Commission may recommend to City Council, and City Council may impose additional conditions and safeguards in excess of, or in addition to, the specified minimal requirements. Nothing in this section should be construed as entitling any party to a PUD Overlay classification.

(g)

PUDs will be approved only in areas where the infrastructure necessary to support the proposed development already exists; is slated to exist; or, the developer may extend services to the site.

4.11.06. General Considerations: The following is a list of general considerations to be reviewed by City staff, the City Planning Commission, and the City Council when considering applications for PUD classification.

1.

The applicant's statement describing the character of and rationale for the proposed development.

2.

The appropriateness of each development area and the development standards proposed for each area.

3.

Land uses proposed within the prospective PUD.

4.

The location of major components in each proposed phase of the PUD shall be clearly marked so that City staff, the Planning Commission and City Council can evaluate the functionality of each phase as a stand-alone entity.

5.

Compatibility of proposed land uses within the PUD and the surrounding area.

6.

Infrastructure capacity and the effect upon public services to include the cumulative impact of existing zoning in the surrounding area.

7.

Conformance with engineering and other technical requirements.

8.

Effects upon public health, safety, and general welfare.

9.

Land usage densities and intensities as they compare to current City underlying zoning requirements.

10.

Impacts on local and regional transportation facilities.

4.11.07. Special Considerations: The following list includes special considerations to be made when reviewing applications for PUD classification. Satisfaction of these requirements is not mandatory, but are strongly recommended and most desired.

a.

Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.

b.

Preservation of open space, natural and cultural areas, as well as the creation of active and passive recreation to include greenways, sidewalks, and other pedestrian/bicycle circulation networks that serve to connect significant areas and various land uses.

c.

Enhanced landscaping, deeper buffers, and increased planting along public rights-of-way, open space/recreational areas, and the overall perimeter of the project.

d.

Separation of vehicular, pedestrian, and/or bicycle traffic lanes, internal traffic patterns, connections to adjacent properties/interconnectivity, and other traffic mitigation measures.

e.

Provision of affordable housing.

f.

Public benefits (e.g., public parks and water access) and community facilities and the access thereto.

g.

Sensitive treatment of perimeters to mitigate negative impacts upon adjoining property and existing residents.

h.

Placement of utilities underground.

4.11.08. Permitted Uses:

1.

The PUD development agreement shall detail authorized land uses to be permitted by the City. Such uses shall comply with required approval processes outlined in the Zoning Ordinance.

2.

There shall be no areas of a PUD that are unspecified as to the type of land uses that will occupy those particular areas.

3.

The development plan text is the ultimate authority regarding density, use and development provided that the development plan shall not exceed the maximum number of residential units and commercial lots identified in the Master plan.

4.

The development plan must account for all residential units and nonresidential square footage within specified phases of the development plan. In the event a development plan departs from the Master Plan, City Council approval is required. Nothing in this section shall prohibit the transfer of development from one tract to another tract within phases, provided such transfer is in compliance with the approved Master Plan for proposed use, density and location.

4.11.09. General Standards:

(a)

All property in a PUD shall be required to adhere to the City's zoning standards unless otherwise stated in the PUD Ordinance. The regulations applicable to the uses in an approved PUD shall be those of the zoning district where such uses are typically allowed unless a variation or deviation from the restrictions are clearly stated in writing in the Master Plan and approved by Ordinance.

(b)

No development shall occur in buffer or setback areas except as provided explicitly in the PUD Ordinance.

(c)

This ordinance shall be reviewed for continuing development applicability and legal compliance every three (3) calendar years.

4.11.10. Application:

a.

A request for PUD classification shall be processed as an amendment to the City of Santa Fe Zoning Development Standards Ordinance (ZDSO) and the Official City of Santa Fe Zoning Map.

b.

To initiate a PUD classification designation, an application shall be filed with the City Community Services Department.

c.

The application shall contain, at a minimum, a legal description of the property and, if in multiple ownership, the written consent of all owners who agree to be bound by the PUD overlay designation and regulations.

d.

A Concept Plan shall be submitted with the application to the Office of the Community Services Director. Applications and Concept Plans will be forwarded to the City Planning Commission with the CSD's comments and recommendations.

4.11.11. Concept Plan.

a.

The choice of a Concept Plan to initiate a PUD amendment to the Official Zoning Map will require a "three-step review and approval process" of the PUD. The Concept Plan is the first step, followed by a Master Plan and a Development Plan. The Concept Plan and the Master Plan will necessitate a review and recommendation from the Planning Commission, and the adoption by an Ordinance for the Master Plan.

The Development Plan is an implementation of the Master Plan and shall be reviewed by the CSD.

b.

A Concept Plan shall contain all of the following:

1.

A narrative statement by the applicant as to the goals of development and a definitive justification of why a PUD designation is desirable to achieve the goals.

2.

The types of uses proposed for the PUD, either specifically or generally. To avoid miscommunication and to encourage ease of administration, applicants are encouraged to specifically designate the uses proposed, (i.e. single-family residences, offices, and business parks).

3.

The total number of units for residential uses and proposed non-residential uses shall be specified along with the total acreage.

4.

A general layout of roadways of major circulation, including their widths and whether they are to be publicly or privately maintained.

5.

A description or list of any proposed variations or deviations from the ZDSO standards and what are proposed in their place. The applicant shall provide a clear and concise statement of any proposed variations or deviations from the ZDSO, and the reasons for the variations or deviations.

6.

The applicant shall, at the time of filing, provide letters from utility providers, indicating the ability of utility providers to service the PUD, or, what would be required to provide such services.

7.

A proposed build-out schedule.

8.

A statement identifying existing buildings, structures, or other facilities on the property including identification of designated historic properties, as applicable.

9.

Identification, by name, number, and width of existing public rights-of-way on/or adjacent to the property, and the proposed access to such existing rights-of-way.

10.

Proposed storm-water mitigation for any deviations from the ZDSO.

11.

The proposed ownership and maintenance of rights-of-way, drainage systems, water and sewer systems, open space systems, and amenities.

12.

A description of known archaeological sites or historic structures on the property, and the proposed approach for protecting them and any others that might be discovered during development.

13.

A site map/plan delineating the vicinity of the property; the boundary lines of the property; any rivers, creeks, marshes, and general patterns of wetlands on or adjacent to the property; land uses adjacent to the property; municipal or county boundary lines adjacent to the property; designated historic structures and archeological/cultural resources on or adjacent to the property, as applicable; any flood hazard and all overlay district boundary lines; proposed access to existing roads; and arrangement/layout or land uses, approximate acreage of each land use area, type of use and residential density of each use area.

14.

A traffic impact analysis.

15.

A natural resources survey shall be performed utilizing the best information reasonably available from City of Santa Fe or other public or private sources. The analysis performed may not be exhaustive, but it must be representative of the natural resources found within the boundaries of the project. The typical resources of concern include, but are not limited to: wetlands, drainage features, significant stands of trees, specimen trees, marshes, topographical features, animal or plant habitats, soil types, bird nesting areas, rivers, streams, etc.

16.

Parking spaces shall be accounted for on the Concept Plan in accordance with the ZDSO. Any deviation or variation shall be explained. All parking spaces that are to be counted to meet parking requirements must be located on non-publicly owned property unless otherwise specifically approved in the PUD ordinance. Parallel parking on streets that the developer anticipates will be maintained by the public cannot be counted in the parking requirements for the proposed development.

c.

The City Council will consider the application, Concept Plan and recommendations from City Planning staff and the City Planning Commission. City Council shall examine, consider, and address issues relating to financial impacts upon the City, environmental impacts, and required infrastructure to serve the PUD. The City Council may require submission of additional maps, data, or proposed methods of addressing other pertinent matters relative to the development, which are reasonably available, and where, owing to the nature, size, and location of the proposed development, are critical to the health, safety, and welfare of the community and its citizens. Such elements may be, but are not limited to, Environmental Impact Statements as to specific matters not otherwise required or adequately addressed herein, hurricane evacuation, other emergency preparedness and response, historical preservation, shoreline erosion, public access, community linkages, public education, and the like. Should additional information be requested by the City Council, the City Council may request the review and recommendation of City Planning staff and the City Planning Commission relative to the additional information. When necessary and appropriate to address such issues, the City staff may recommend to City Council a "development agreement" as a prerequisite to approving a PUD hereunder, in accordance with the Texas Economic Development Act.

d.

Upon approval by the City Council of the application and Concept Plan, property greater than fifteen (15) contiguous acres may be classified as a PUD. Once designated or permitted as a PUD, continuing inactivity phased or otherwise for a period exceeding twenty-four (24) months shall terminate the PUD designation and associated permits.

e.

A conceptual PUD shall not entitle an owner of the affected property any right to develop or engage in any land use or land disturbing activity. Further, initial conceptual application for PUD does not vest a developer any number of residential units or commercial/institutional/or any amount of industrial use. To engage in development or any land use or land disturbing activity other than that in existence when PUD classification is approved, the development plan(s) must be approved for the areas to be developed or engaged in land disturbing activity. A conceptual classification of PUD is not deemed by the City to constitute the commencement of activity or use that would abrogate exemptions, tax or otherwise, attendant to silvi-culture activities.

4.11.12. The Master Plan:

(a)

A Master Plan shall be developed for the entire PUD property. The Master Plan shall be submitted to the City Planning staff to review; then, to the Planning Commission for review and recommendation to City Council for action. The minimum requirements of the Master Plan shall include all Concept Plan requirements and the following:

1.

The applicant shall supply the required number of copies of the Master Plan as directed by staff.

2.

Proposed arrangement of land uses, including land for public facilities, approximate acreage of each use, including mixed use, by acre or tract, type of use and density (residential use tracts). All specified densities will be construed as maximums, with acceptance of the maximums subject to satisfaction of other provisions with the PUD Ordinance.

3.

A boundary survey tied to the latest datum with the computed acreage of the tract bearing the seal of a Texas registered land surveyor. A file copy of GIS disk/CAD.

4.

The location of primary control points to which all dimensions, angles, bearings, block numbers, and similar data shall be referred.

5.

The proposed name of the development.

6.

Type of land use of all parcels contiguous to the development property.

7.

A map or site plan showing:

a.

The location, dimensions, descriptions, and flow of existing watercourses and drainage structures within the tract or on contiguous tracts.

b.

Location of municipal limits or county lines, and district boundaries, if they traverse the tract, form part of the boundary of the tract, or are contiguous to such boundary.

c.

Vicinity map or sketch showing the general relationship of the proposed development to the surrounding areas with access roads referenced to the intersection of the nearest state primary or secondary paved roads.

8.

Topographic survey of the property.

9.

The location, dimensions, name, and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the tract, intersecting, or contiguous with its boundaries or forming such boundaries.

10.

The location, dimensions, name, and description of all existing or recorded residential lots, parks, public areas, permanent structures, and other sites within or contiguous with the tract.

11.

The proposed location, dimensions, and description of land(s) for public facilities.

12.

Proposed street system layout, vehicular, pedestrian, and bicycle paths, with review by the Community Services Director or his assigned agent.

13.

Traffic impact analysis plan if (more than 50 ADT/average daily trips) required under the general provisions of the ZDSO, with review by the City transportation planner or engineer. If mitigation is requested by the traffic planner or engineer, the applicant must submit a response to the mitigation request and justification for any proposed departure from that request.

14.

A drainage plan and water and sewer plan for the entire PUD with the review by the Community Services Director or his assigned agent.

15.

The location of any Overlay District boundary on the development property.

16.

Preliminary written comments from affected agencies having approval or permitting authority over elements related to the proposed development, or evidence that a written request for such comments was properly submitted to the agency and a reasonable period of time has elapsed without receipt of such comments.

17.

The proposed ownership and maintenance of streets, drainage systems, water and sewer systems, open space areas, parking areas, and other proposed amenities and improvements; and when any are to be privately owned, a description of the mechanism to be used to secure their future maintenance, upkeep, and upgrading.

18.

Proposed phasing and time schedule if development is to be done in phases.

19.

Proposed phasing and time schedule for lands to be dedicated for public facilities.

20.

Proposed internal site planning standards such as typical lot sizes, widths, setbacks, and buffers aimed at addressing potential incompatibility between adjacent land uses and activities.

21.

Letters of capability and intent to serve community water supply, sewage and solid waste disposal, and other utility services from the affected agency or entity, where applicable.

22.

A statement describing the character of, and rationale for, the proposed Master Plan.

23.

Other information or descriptions deemed reasonably appropriate for review.

(b)

Upon review of the proposed Master Plan, the City Council may move to approve or disapprove the Master Plan. The City Council may request additional study of the Master Plan.

(c)

All phases of the PUD will be required to adhere to the "latest version" of the ZDSO at the time of development plan submittal for standards (unless exempted within the PUD text) pertaining to:

1.

Tree and landscaping standards;

2.

Storm water best management practices;

3.

Environmental quality standards; and

(d)

Unless otherwise specified in a development agreement, an approved Master Plan may be revised subject to the approval of the CSD for the following changes:

1.

Minor changes in the location of roads or widths of streets or right-of-ways within the master plan;

2.

Minor changes in the allocation of housing density within the master plan so long as the overall approved density of the master plan is not increased; and

3.

Change in the proposed build-out and phasing schedule.

(e)

Any changes to the Master Plan, other than the changes delineated above, shall be considered major and shall require Planning Commission review and approval by City Council.

4.11.13. Development Plan: An approved development plan is required prior to commencement of development (e.g. land disturbance/construction) within any area or phase within the PUD. Development plans must be in conformance with the approved Master plan. Development plan approval must follow the process outlined in the ZDSO.

Sale or transfer of an interest in ownership in a PUD.

The developer of a PUD may sell or transfer ownership of all or a portion of the PUD in accordance with the following procedures and provisions:

1.

A Concept Plan and or Master Plan for the PUD shall have been approved by City of Santa Fe, Texas City Council;

2.

Property covenants and restrictions shall run with the land and a written acknowledgement of such covenants and restrictions shall be provided by the purchaser and dully recorded as a deed restriction;

3.

The developer must submit a sworn affidavit from the prospective purchaser of a development tract wherein the purchaser waives rights to the guarantee of the installation of required improvements afforded through the PUD Ordinance for the subdivision of land, and further acknowledges and agrees that an initial Master Plan and Final Development Plan must be submitted, and a development permit awarded, prior to commencement of any development on the tract;

4.

The developer must submit a "plat for certification" and recording by the Community Services Director (CSD) and subsequently record such plat prior to the sale or transfer of any development tract or phase; and

5.

This procedure will not be permitted for the sale or transfer of any individual single-family lot or group of lots intended for construction of one single-family dwelling.

4.11.14. Applicant reconsideration of PUD designation:

a.

Within 30 days after the approval by City Council of the Concept Plan or the Master Plan, the applicant may elect to withdraw from a PUD classification designation upon a written notification by certified mail to the City Council. If withdrawn, the zoning for the area shall be unchanged from the zoning existing before the application was submitted.

b.

If a PUD Concept Plan or Master Plan is not withdrawn within 30 days upon proper notification to the City Council, the uses, densities, and development parameters set forth in the PUD shall thereafter be restricted to those approved by the City Council."

4.11.15. Major vs. Minor change authority:

a.

City Council shall approve any major change to any PUD. Major changes shall include: Master Plan changes, overall density increases; use changes, new streets and drainage, MUD amendments and open community status.

b.

The Community Services Director is authorized to approve minor changes to a PUD. Minor changes shall include Phase Plan in field adjustments phase density modifications less than fifteen (15) percent and streets and drainage relocations.

4.11.16. MUD Exit Strategy: Up to a five (5) year extension on the debt repayment period may be authorized by City Council up front. However, the City of Santa Fe, Texas shall annex into its jurisdiction any Municipal Utility District (MUD) in its entirety authorized to operate for use in any PUD within the city limits not more than twenty-years (20) years after such MUD's creation. Debt amounts for any MUD shall be limited to repayment periods not to exceed thirty (30) years from the creation of such MUD.

(Ord. No. 07-2006, 4-27-06)

4.12.01. This district is intended for activities of a primarily public service nature. Public buildings, public schools and private not-for-profit schools, private not-for-profit service organizations and institutions qualify for this designation. These functions require close and easy access to primary streets and public transportation routes and facilities. They tend to generate emergency or high volume street traffic. The activities of this district serve only non-sectarian purposes and serve a general community population by providing social, medical or citizen support services. Although public buildings are permitted in all districts as a use-by-right such facilities and buildings are encouraged to obtain the Public Service District designation.

4.12.02. This district is an overlay district and must conform to the Planned Unit Development provisions, Appendix 4F, except as modified herein.

A.

This overlay district may be applied to any other district.

B.

This overlay district does not have to provide full complement of urban infrastructure; the omission of any standard element of such infrastructure shall be permitted only by permission of the City Council.

C.

This overlay district does not have to contain residential property.