Sherman City Zoning Code
ARTICLE 14
02 ZONING DISTRICTS
§ 14.02.001 Zoning districts established.
The city is hereby divided into the following zoning districts. The use, height, area and other regulations as set out herein apply to each district. Additional regulations pertaining to each zoning district is located in article 14.04 (supplementary district regulations). The districts established herein shall be known as the following:
(1)
Residential zoning districts.
The purpose of the residential zoning districts is to provide for a suitable residential environment for family life on parcels of land smaller and more compact in size for single-family uses and on larger parcels of land for multifamily uses. Along with single-family and multifamily uses, supporting community services and facilities may be permitted that compliment residential uses within these zoning districts. The districts should be established to protect and enhance certain specific lands and structures which have characteristics which are distinct from lands and structures outside these residential districts. The several residential zoning districts hereby established and into which the city is divided are designated as set forth below:
(A)
R-A District: Residential Agricultural District.
(B)
R-E District: Estate Residential District.
(C)
R-12 District: Single-Family Residential District.
(D)
R-6 District: Single-Family Residential District.
(E)
R-5 District: Single-Family Residential District.
(F)
R-4 District: Patio Home Residential District.
(G)
R-2F District: Duplex Residential District.
(H)
R-TH District: Townhome Residential District.
(I)
MF-15 District: Multifamily Residential District.
(J)
MF-30 District: Multifamily Residential District.
(K)
MH District: Manufactured Housing District.
(2)
Commercial zoning districts.
The purpose of the commercial zoning districts is to provide for suitable locations to promote the use or other activity involving the sale of goods or services for financial gain. These zoning districts allow for specific commercial activities and uses including tourism, neighborhood commercial, general commercial and office commercial. The districts should be established to protect and enhance certain specific lands and structures which have characteristics which are distinct from lands and structures outside these commercial districts. The several commercial zoning districts hereby established and into which the city is divided are designated as set forth below:
(3)
Manufacturing zoning districts.
The purpose of the manufacturing zoning districts is to provide for suitable locations to promote uses or other activities involving the production, manufacturing, distribution or fabrication of goods and/or materials. These zoning districts allow for specific manufacturing activities and uses including manufacturing, assembly, fabrication, packaging or other industrial processing of products including incidental storage, sales and distribution of such products. The districts should be established to protect and enhance certain specific lands and structures which have characteristics which are distinct from lands and structures outside these manufacturing districts. The several manufacturing zoning districts hereby established and into which the city is divided are designated as follows:
(4)
PD district.
Planned development district.
(5)
Overlay districts.
(A)
75 & 82 Overlay District.
(B)
F.M. Highway 1417 Overlay District.
(C)
Sam Rayburn Overlay District.
(D)
F.M. Highway 691 Overlay District.
(E)
State Highway 289 Overlay District.
(F)
College Park Overlay District.
(G)
Blalock Commercial Overlay District.
(H)
Central Business District Overlay.
(I)
Heritage Row Historical District.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6618 adopted 7/17/2023)
§ 14.02.002 Equivalency table.
The following table identifies zoning districts adopted in previous ordinances and the district that now applies in this chapter to those districts.
Prior Zoning District | Current Zoning District |
|---|---|
R-A - (Single-Family Agricultural) District | R-A - Residential Agricultural District |
R-E - Estate Residential District | |
R-12 - Single-Family Residential District | |
R-1 (One-Family Residential) District SF-1 (Single-Family Residential) District | R-6 - Single-Family Residential District |
R-5 - Single-Family Residential District | |
R-4 - Patio Home Residential District | |
R-2F - Duplex Residential District | |
R-TH - Townhome Residential District | |
MF-15 - Multifamily Residential District | |
R-2 (Multifamily Residential) District | MF-30 - Multifamily Residential District |
MH (Manufactured Housing) District | MH - Manufactured Housing District |
C-N - Neighborhood Commercial District | |
C-O (Office) District | C-O - Office District |
C-1 (Retail Business) District | C-1 - Retail Business District |
C-2 (General Commercial) District | C-2 - General Commercial District |
M-1 (Light Manufacturing) District | M-1 - Light Manufacturing District |
M-1.5 (Medium Manufacturing District) | M-1.5 - Medium Manufacturing District |
M-2 (Heavy Manufacturing) District | M-2 - Heavy Manufacturing District |
PD (Planned Development) District | PD (Planned Development) District |
O-1 (75 & 82) Overlay District | 75 & 82 Overlay District |
O-1.1 (F.M. Highway 1417) Overlay District | F.M. Highway 1417 Overlay District |
O-1.2 (Sam Rayburn) Overlay District | Sam Rayburn Overlay District |
O-1.3 (F.M. Highway 691) Overlay District | F.M. Highway 691 Overlay District |
O-1.4 (State Highway 289) Overlay District | State Highway 289 Overlay District |
College Park Overlay District | College Park Overlay District |
Blalock Commercial Overlay District | Blalock Commercial Overlay District |
Central Business District Overlay | Central Business District Overlay |
(Ordinance 6555 adopted 12/5/2022; Ordinance 6618 adopted 7/17/2023)
§ 14.02.003 R-A (residential agricultural) district.
The R-A (residential agricultural) district is intended to provide a location for principally undeveloped or vacant land situated on the fringe of an urban area and used for agricultural purposes but may become an urban area in the future. The types of uses and the area and intensity of uses permitted in this district shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made. This district is generally appropriate with the agricultural/rural future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 2 acres |
Lot width: | 200' |
Lot depth: | 200' |
Front setback: | 40' |
Rear setback: | 25' |
Side setback (of corner lot): | 20' (25') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-A (single-family agricultural) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure or changes to the site for residential uses in the R-A district.
(B)
Floor area.
The total floor area of the main building shall not be less than 1,000 square feet.
(C)
Building area.
The maximum allowable building area in the R-A district shall not exceed 40 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 45 feet.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.004 R-E (estate residential) district.
The R-E (estate residential) district is designed to provide for a suitable residential environment for family life on parcels of land with larger lots consisting of a minimum lot area of one (1) acre, while limiting the uses to single-family residences and their community services and facilities. This district is generally appropriate with the agricultural/rural and suburban neighborhood future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 1 acre |
Lot width: | 150' |
Lot depth: | 150' |
Front setback: | 40' |
Rear setback: | 40' |
Side setback (of corner lot): | 20' (25') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-E (estate residential) district" in article 14.10 (use chart).
(4)
Other regulations
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for residential uses in the R-E district.
(B)
Floor area.
The total floor area of the main building shall not be less than 1,500 square feet.
(C)
Building area.
The maximum allowable building area shall not exceed 20 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 45 feet.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.005 R-12 (single-family residential) district.
The R-12 (single-family residential) district is designed to provide for a suitable residential environment for family life on parcels of land with larger lots consisting of a minimum lot area of twelve thousand (12,000) square feet, while limiting the uses to single-family residences and their community services and facilities. This district is generally appropriate with the suburban neighborhood future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 12,000 sq. ft. |
Lot width: | 80' |
Lot depth: | 100' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback (of corner lot): | 10' (15') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-12 (single-family residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for residential uses in the R-12 district.
(B)
Floor area.
The total floor area of the main building shall not be less than 1,500 square feet.
(C)
Building area.
The maximum allowable building area shall not exceed 40 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 40 feet.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.006 R-6 (single-family residential) district.
The R-6 (single-family residential) district is designed to provide for a low density, residential environment for family life on parcels of land smaller and more compact in size, having a minimum lot area of six thousand (6,000) square feet, while limiting the uses to single-family residences and their community services and facilities. This district is generally appropriate with the suburban neighborhood future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 6,000 sq. ft. |
Lot width: | 60' |
Lot depth: | 100' |
Front setback: | 20' |
Rear setback: | 20' |
Side setback (of corner lot): | 6' (15') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-6 (single-family residential district" in the article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for residential uses in the R-6 district.
(B)
Floor area.
The total floor area of the main building shall not be less than 1,000 square feet.
(C)
Building area.
The maximum allowable building area in the R-6 district shall not exceed 45 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 35 feet.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.007 R-5 (single-family residential) district.
The R-5 (single-family residential) district is designed to provide for a low density, residential environment for family life on parcels of land smaller and more compact in size, having a minimum lot area of five thousand (5,000) square feet, while limiting the uses to single-family residences and their community services and facilities. This district is generally appropriate with the suburban neighborhood or core neighborhood future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 5,000 sq. ft. |
Lot width: | 50' |
Lot depth: | 100' |
Front setback: | 20' |
Rear setback: | 15' |
Side setback (of corner lot): | 5' (15') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-5 (single-family residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for residential uses in the R-5 district.
(B)
Floor area.
The total floor area of the main building shall not be less than 800 square feet or greater than 3,000 square feet.
(C)
Building area.
The maximum allowable building area shall not exceed 50 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 35 feet.
(H)
Usable open space requirements.
Any contiguous subdivision, including multiple phases, developed with twenty-five (25) or more lots shall provide usable open space. Developments with twenty-five (25) to forty-nine (49) lots shall provide usable open space which equals or exceeds five (5) percent of the gross platted area, excluding rights-of-way for major thoroughfares. Developments with fifty (50) or more lots shall provide usable open space which equals or exceeds ten (10) percent of the gross platted area, excluding rights-of-way for major thoroughfares. A contiguous subdivision is defined as: Abutting or separated only by a local or collector street to the subdivision. Subdivisions separated by rights-of-way, drainage or utility easements in excess of sixty (60) feet in width shall not be considered as contiguous.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.008 R-4 (patio home residential) district.
The R-4 (patio home residential) district is designed to provide for a medium density, residential environment for family life on parcels of land smaller and more compact in size, having a minimum lot area of four thousand (4,000) square feet, while limiting the uses to single-family residences and their community services and facilities. This district is generally appropriate with the suburban neighborhood or core neighborhood future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 4,000 sq. ft. |
Lot width: | 40' |
Lot depth: | 90' |
Front setback (front-loaded garage): | 20' |
Front setback (rear-loaded garage): | 10' |
Rear setback (front-loaded garage): | 15' |
Rear setback (rear-loaded garage): | 20' |
Side setback (of corner lot): | 5' (15') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
For lot widths less than 45 feet measured along the front property line, civil plans shall be approved by the engineering department prior to final plat submittal to ensure that driveways and curb inlets meet engineering requirements.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-4 (patio home residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for residential uses in the R-4 district.
(B)
Floor area.
The total floor area of the main building shall not be less than 800 square feet or greater than 2,500 square feet.
(i)
A special exception may be granted by the board of adjustment for main buildings exceeding 2,500 square feet, but not exceeding 3,000 square feet. The special exception may be granted only if the board of adjustment finds that the special exception request is not contrary to the public interest, the request does not violate the intent of this subsection or the comprehensive plan, and the requested special exception would not cause injury to or restrict development on any other parcel of land. In no event shall the number of lots exceeding 2,500 square feet for the main building floor area allowed with a special exception exceed 25 percent of the subdivision.
(C)
Building area.
The maximum allowable building area shall not exceed fifty-five (55) percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed thirty-five (35) feet.
(H)
Usable open space requirements.
Any contiguous subdivision, including multiple phases, developed with twenty-five (25) or more lots shall provide usable open space. Developments with twenty-five (25) to forty-nine (49) lots shall provide usable open space which equals or exceeds five (5) percent of the gross platted area, excluding rights-of-way for major thoroughfares. Developments with fifty (50) or more patio homes shall provide usable open space which equals or exceeds ten (10) percent of the gross platted area, excluding rights-of-way for major thoroughfares. A contiguous subdivision is defined as: Abutting or separated only by a local or collector street to the subdivision. Subdivisions separated by rights-of-way, drainage or utility easements in excess of sixty (60) feet in width shall not be considered as contiguous.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.009 R-2F (duplex residential) district.
The R-2F (duplex residential) district is designed to provide for a medium density, duplex residential environment for family life on individual parcels of land smaller and more compact in size, having a minimum lot area of six thousand (6,000) square feet, while limiting the uses to single-family residences and their community services and facilities. Duplex building types are permitted in this district. This district is generally appropriate with the core neighborhood future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 6,000 sq. ft. |
Lot width: | 60' |
Lot depth: | 100' |
Front setback: | 20' |
Rear setback: | 20' |
Side setback (of corner lot): | 6' (15') |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-2F (duplex residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for residential uses in the R-2F district.
(B)
Floor area.
The total floor area of each dwelling unit shall not be less than 800 square feet.
(C)
Building area.
The maximum allowable building area shall not exceed fifty-five (55) percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 35 feet.
(H)
Usable open space requirements.
Any contiguous subdivision, including multiple phases, developed with twenty-five (25) or more lots shall provide usable open space. Developments with twenty-five (25) to forty-nine (49) lots shall provide usable open space which equals or exceeds five (5) percent of the gross platted area, excluding rights-of-way for major thoroughfares. Developments with fifty (50) or more lots shall provide usable open space which equals or exceeds ten (10) percent of the gross platted area, excluding rights-of-way for major thoroughfares. A contiguous subdivision is defined as: Abutting or separated only by a local or collector street to the subdivision. Subdivisions separated by rights-of-way, drainage or utility easements in excess of sixty (60) feet in width shall not be considered as contiguous.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.010 R-TH (townhome residential) district.
The R-TH (townhome residential) district is designed to provide for a medium density, attached residential environment for family life on individual parcels of land smaller and more compact in size, having a minimum lot area of two thousand five hundred (2,500) square feet, while limiting the uses to single-family residences and their community services and facilities. Townhome building types are permitted in this district. This district is generally appropriate with the core neighborhood future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 2,500 sq. ft. |
Lot width (front-loaded garage): | 25' |
Lot width (rear-loaded garage): | 22' |
Lot depth | 100' |
Front setback (front-loaded garage): | 20' |
Front setback (rear-loaded garage): | 10' |
Rear setback (front-loaded garage): | 15' |
Rear setback (rear-loaded garage): | 20' |
Street side setback: | 15' |
Interior side setback: | 6' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "R-TH (townhome residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and approved by the development services director or their designee prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for residential uses in the R-TH district.
(B)
Floor area.
The total floor area of each dwelling unit shall not be less than 800 square feet.
(C)
Building area.
The maximum allowable building area shall not exceed sixty-five (65) percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 40 feet.
(H)
Usable open space requirements.
Any contiguous subdivision, including multiple phases, developed with twenty-five (25) or more lots shall provide usable open space. Developments with twenty-five (25) to forty-nine (49) lots shall provide usable open space which equals or exceeds five (5) percent of the gross platted area, excluding rights-of-way for major thoroughfares. Developments with fifty (50) or more lots shall provide usable open space which equals or exceeds ten (10) percent of the gross platted area, excluding rights-of-way for major thoroughfares. A contiguous subdivision is defined as: Abutting or separated only by a local or collector street to the subdivision. Subdivisions separated by rights-of-way, drainage or utility easements in excess of sixty (60) feet in width shall not be considered as contiguous.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6642 adopted 9/18/2023; Ordinance 6712 adopted 4/15/2024)
§ 14.02.011 MF-15 (multifamily residential) district.
The MF-15 (multifamily residential) district is designed to provide for a variety of low intensity multifamily residential including duplexes, townhomes and single-family-for-rent that have multiple dwelling units on one lot. This district is generally appropriate with the suburban neighborhood, core neighborhood or technology hub future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 2 acres |
Lot width: | 85' |
Lot depth: | 100' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback: | 25' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "MF-15 (multifamily residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building, structure, or changes to the site for multifamily residential use in the MF-15 district.
(B)
Floor area.
The total floor area of any dwelling unit shall not be less than 800 square feet.
(C)
Building area.
The maximum allowable building area shall not exceed fifty (50) percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 35 feet.
(H)
Maximum density.
Fifteen (15) dwelling units per net acre.
(I)
Minimum building separation.
A minimum building separation between all buildings on the lot shall be ten (10) feet.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.012 MF-30 (multifamily residential) district.
The MF-30 (multifamily residential) district is designed to provide for a variety of medium to high intensity multifamily residential. In addition to the general purposes applying to all residential districts, the regulations of this district are designed to encourage the provision of conveniently located, centrally maintained rental accommodations. This district is generally appropriate with the suburban neighborhood, core neighborhood future or technology hub land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 5 acres |
Lot width: | 85' |
Lot depth: | 100' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback: | 25' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "MF-30 (multifamily residential) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for multifamily residential use in the MF-30 district.
(B)
Residential building setback.
Forty (40) feet from any R (residential) zoned property.
(C)
Building area.
The maximum allowable building area in the MF-30 district shall not exceed fifty (50) percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 50 feet.
(H)
Maximum density.
Thirty (30) dwelling units per net acre.
(I)
Minimum building separation.
A minimum building separation between all buildings on the lot shall be fifteen (15) feet.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6712 adopted 4/15/2024)
§ 14.02.013 MH (manufactured housing) district.
The MH (manufactured housing) district is intended to provide for accommodations for a specific form of housing, the manufactured home. To provide appropriate standards for density, spacing and use, a separate district is created and designated for the specific purpose of providing, at appropriate locations, areas for the development of manufactured home parks and subdivisions. This district is generally appropriate with the suburban neighborhood or core neighborhood future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 3,600 sq. ft. |
Lot width: | 60' |
Lot depth: | 60' |
Front setback: | 25' |
Rear setback: | 10' |
Side setback: | 10' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "MH (manufactured housing) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan for a new manufactured home park or manufactured home subdivision shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction for residential use in the MH district.
(B)
Addition setback regulation.
No buildings or structures shall be permitted within twenty-five (25) feet of a boundary of a manufactured home park or manufactured home subdivision.
(C)
Area regulation.
The minimum site area which may be developed or used for a manufactured home park or subdivision shall be ten (10) acres.
(D)
Height regulations.
No building shall exceed 35 feet.
(H)
Utility regulations.
Water and sewer service shall be provided for each lot or manufactured home within the district.
(I)
Usable open space requirements.
Any development with twenty-five (25) or more lots/units shall provide usable open space. Developments with twenty-five (25) to forty-nine (49) lots/units shall provide usable open space which equals or exceeds five (5) percent of the gross platted area, excluding rights-of-way for major thoroughfares. Developments with fifty (50) or more lots/units shall provide usable open space which equals or exceeds ten (10) percent of the gross platted area, excluding rights-of-way for major thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.014 C-N (neighborhood commercial) district.
The C-N (neighborhood commercial) district is designed for a limited range of service and light retail land uses and is located at intersections of thoroughfares in the vicinity of residential neighborhoods. This district is generally appropriate with the suburban neighborhood, core neighborhood, community commercial or downtown future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 10,000 SF |
Lot width: | 50' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback: | 0' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
Where lots in the C-N district are abutting a residential district, the side or rear setback shall not be less than twenty-five (25) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "C-N (neighborhood commercial) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for commercial use in the C-N district.
(B)
Floor area.
The total floor area of any building or buildings on a lot in the C-N district shall not exceed two-fifths of the total number of square feet in the lot (FAR to not exceed 0.4).
(C)
Building area.
The maximum allowable building area in the C-N district shall not exceed 40 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 35 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.015 C-O (office) district.
The C-O (office) district consists of land occupied by or suitable for a wide range of general office activities. This district is generally appropriate with the regional commercial, community commercial or downtown future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 10,000 SF |
Lot width: | 50' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback: | 15' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial, or collector as set forth in the city's adopted thoroughfare plan.
(B)
Where lots in the C-O district abut a residential district, the side or rear yard setback shall not be less than forty (40) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "C-O (office) district" in article 14.10 (use chart).
(4)
Other required conditions.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for office uses in the C-O district.
(B)
Floor area.
The total floor area of any building or buildings on a lot in the C-O district shall not exceed the total number of square feet in the lot (FAR to not exceed 1.0).
(C)
Building area.
The maximum allowable building area in the C-O district shall not exceed 50 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 50 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.016 C-1 (retail business) district.
The C-1 (retail business) district consists of land occupied by or suitable for neighborhood shopping facilities for the retailing of "convenience goods" and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood. This district is generally appropriate with the core neighborhood, regional commercial, community commercial or downtown future land use categories.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 10,000 SF |
Lot width: | 50' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback: | 15' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
Where lots in the C-1 district abut a residential district, the side or rear yard setback shall not be less than forty (40) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "C-1 (retail business) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for commercial uses within the C-1 district.
(B)
Floor area.
The total floor area of any building or buildings on a lot in the C-1 district shall not exceed one-half of the total number of square feet in the lot (FAR to not exceed 0.5).
(C)
Building area.
The maximum allowable building area in the C-1 district shall not exceed 50 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 50 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.017 C-2 (general commercial) district.
The C-2 (general commercial) district consists of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located along major highways and in the vicinity of industrial areas. The C-2 district regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for retail business districts. This district is generally appropriate with the regional commercial future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 10,000 SF |
Lot width: | 50' |
Front setback: | 25' |
Rear setback: | 25' |
Side setback: | 15' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
Where lots in the C-2 district abut a residential district, the side or rear yard setback shall not be less than sixty (60) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "C-2 (general commercial) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for commercial uses within the C-2 district.
(B)
Floor area.
The total floor area of any building or buildings on a lot in the C-2 district shall not exceed one-half of the total number of square feet in the lot (FAR to not exceed 0.5).
(C)
Building area.
The maximum allowable building area in the C-2 district shall not exceed 50 percent of the gross area of the lot or tract of land.
(D)
Height regulations.
No building shall exceed 35 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.018 M-1 (light manufacturing) district.
The M-1 (light manufacturing) district is designed to provide land for manufacturing and industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Manufacturing district M-1 consists of areas occupied by or suitable for manufacturing, wholesale and other industrial activities, all of a non-nuisance type. This district is generally appropriate with the technology hub future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 1/2 acre |
Lot width: | 85' |
Front setback: | 40' |
Rear setback: | 25' |
Side setback: | 25' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
When abutting a residential district, the side or rear setback shall be not less than sixty (60) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "M-1 (light manufacturing) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for manufacturing use in the M-1 district.
(B)
Floor area.
The floor area of any building or buildings on a lot in an M-1 district shall not exceed one and one-half times the number of square feet in the lot (FAR to not exceed 1.5).
(C)
Impervious cover.
The maximum allowable impervious cover shall not exceed 80 percent of the total lot. Impervious cover shall include all roads, driveways, parking areas, buildings, concrete walkways and other impermeable construction covering the natural land surface on the lot.
(D)
Height regulation.
No building or structure shall exceed 100 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.019 M-1.5 (medium manufacturing) district.
The M-1.5 (medium manufacturing) district consists of areas occupied by or suitable for manufacturing and industrial activities whose generator of nuisance effects is ordinarily greater than that of industries permitted in the M-1 district. Zoning or rezoning to this classification will not be permitted after December 5, 2022.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 1/2 acre |
Lot width: | 85' |
Front setback: | 40' |
Rear setback: | 25' |
Side setback: | 25' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
When abutting a residential district, the side or rear yard shall be not less than sixty (60) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "M-1.5 (medium manufacturing) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for manufacturing use in the M-1 district.
(B)
Floor area.
The floor area of any building or buildings on a lot in an M-1.5 district shall not exceed one and one-half times the number of square feet in the lot (FAR to not exceed 1.5).
(C)
Impervious cover.
The maximum allowable impervious cover shall not exceed 80 percent of the total lot. Impervious cover shall include all roads, driveways, parking areas, buildings, concrete walkways and other impermeable construction covering the natural land surface on the lot.
(D)
Height regulation.
No building or structure shall exceed 150 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.020 M-2 (heavy manufacturing) district.
Manufacturing district M-2 consists of areas occupied by or suitable for manufacturing and industrial activities whose generator of nuisance effects is ordinarily greater than that of industries permitted in the M-1 district. This district is generally appropriate with the technology hub future land use category.
(1)
Minimum requirements for lot area, width and setback.
Lot area: | 1 acre |
Lot width: | 150' |
Front setback: | 40' |
Rear setback: | 25' |
Side setback: | 25' |
(A)
Thoroughfare street setback.
No building, structures, awnings, canopies, porches or other improvements shall be built or installed within twenty-five (25) feet of the property line facing any thoroughfare street defined as a highway, major arterial, minor arterial or collector as set forth in the city's adopted thoroughfare plan.
(B)
When abutting a residential district, the side or rear yard shall be not less than seventy-five (75) feet.
(2)
Encroachment allowances. See section 14.04.001 (setback encroachments) for encroachment allowances into the required setbacks.
(3)
Permitted uses.
Those uses indicated as being permitted in the "M-2 (heavy manufacturing) district" in article 14.10 (use chart).
(4)
Other regulations.
(A)
Site plan.
A site plan shall be submitted to and must be approved by the planning and zoning commission prior to the issuance of a building permit for new construction or additions to an existing building or structure or changes to the site for manufacturing use in the M-2 district.
(B)
Floor area.
The floor area of any building or buildings on a lot in an M-2 district shall not exceed one and one-half times the number of square feet in the lot (FAR to not exceed 1.5).
(C)
Impervious cover.
The maximum allowable impervious cover shall not exceed 80 percent of the total lot. Impervious cover shall include all roads, driveways, parking areas, buildings, concrete walkways and other impermeable construction covering the natural land surface on the lot.
(D)
Height regulation.
No building or structure shall exceed 150 feet.
(H)
Loading docks.
Freight docks, service bays, loading docks, truck berths and heavy storage areas shall be screened from all abutting uses, except when the abutting use is determined to be of equal or greater intensity. The aforementioned areas shall be screened from all thoroughfares.
(Ordinance 6555 adopted 12/5/2022)
§ 14.02.021 PD (planned development) district.
(a)
Introduction.
The planned development (PD) district is intended to facilitate the planning, design and development of integrated land uses on qualifying tracts of land that cannot be adequately accommodated in other zoning districts. A PD shall further the goals of the comprehensive plan, demonstrate enhanced and contextual design standards, present a well-organized and cohesive land plan and contain clear and concise development regulations.
(b)
Intent and purpose.
(1)
A PD district may be used to permit innovative and superior land utilization concepts not permitted by other zoning districts in this ordinance. A PD district can permit greater flexibility and creativity to encourage design plans unique to individual projects that are responsive to changing market conditions. The PD district also provides assurance of high-quality standards and a consistent vision across the scope, scale and term of the project.
(2)
To ensure that each PD is established to achieve specific, unique planning and design objectives, and to guard against its misuse simply to obtain variances and exceptions for an otherwise conventional development project, PD submittal and approval criteria are provided herein to establish minimum requirements, standards, and procedures.
(c)
Establishment of a PD district.
The city council may create a PD district by ordinance pursuant to the procedures established therein. The PD ordinance shall establish the boundaries of the district and assign a project name and number. Any overlay districts that apply to land within the PD project boundaries shall be integrated into the PD district. Unless otherwise specified in the ordinance governing a PD district, all buildings and uses shall comply with all city development requirements. The PD district standards shall conform to all other provisions of the zoning ordinance and Code of Ordinances unless specifically excluded or modified in the ordinance governing the PD district. If the standards of a base zoning district are amended, then the most recently amended standards shall apply to a PD district that incorporates base zoning district standards unless the standards have been individually listed within the ordinance governing the PD district as being different from the base zoning district. Base zoning district amendments are applicable to PD districts and do not require special notice to be provided to the properties within a PD district.
(e)
Planned development components.
The director shall ensure that a completed application related to a PD district has been submitted by the applicant that includes the information and materials necessary to render an informed decision. The applicant shall prepare a statement of justification for the PD district to explain why the proposed project should be accommodated with a PD in lieu of conventional base zoning. The director shall clearly describe and publish required information for each component. During review, the director, planning and zoning commission and/or the city council may require the submission of additional information as needed to meet the objectives of these requirements.
(1)
The PD ordinance shall comprise the following components:
(A)
Development plan.
The development plan contains the written terms and standards necessary to ensure compliance with the PD objectives and approved plans. The development plan shall include the following:
(i)
Introduction.
A narrative of PD purpose, intent, and guiding principles.
(ii)
Site and building standards.
A list or table of permitted land uses and associated special development standards within the district, including, but not limited to, intensity, density, lot dimensions and coverage, setbacks, building height, and floor-to-area ratio.
(iii)
Architectural standards.
To regulate residential and commercial architectural elements and treatments related to the facade materials, roofs, service areas and other elements and standards.
(iv)
Landscaping standards.
To guide development of private and public areas of green space and landscape elements such as signage, lighting, screening, and parking.
(v)
Parks and open space standards.
To demonstrate open space and park standards including types of amenities, trail connections, and the responsibility of management of parks and open space within the Planned Development.
(vii)
Transportation master plan map.
To exhibit thoroughfare connections and street circulation.
(viii)
Parks and open space map.
To exhibit the location of planned parks and open space. This shall include the location of the parks and open space and a table demonstrating the number of acres that will be used for parks and open space.
(ix)
Proposed deviations (if any).
To identify deviations from specific city standards for public improvements (e.g., streets, sidewalks, utility easements, etc.).
(B)
Zoning exhibit.
The zoning exhibit shall graphically demonstrate the applicant's intent for the development of the proposed planned development. The zoning exhibit shall show land use areas, acreages and maximum densities, primary street circulation and access points, floodplains, open space and parkland, pedestrian and trail circulation, and location of amenities and other programming, if applicable.
(2)
Detailed site plan.
A detailed site plan shall refine the zoning exhibit to show precise locations of land uses, building envelopes and architectural elevations, local street circulation and access points, parking areas, final locations and alignments of pedestrian and trail circulation, park and amenity details, buffering, screening and landscape areas, drainage facility locations, and other details as applicable to the project. For phased PD projects, multiple detailed site plans may be submitted within the project boundaries, but no development shall occur on a site without approval of a detailed site plan. A traffic impact analysis (TIA) may be required from the developer prior to any approvals for the detailed site plan. The traffic consultant must be approved by the city.
(3)
The development plan and/or zoning exhibit shall in no way establish vested rights for the property.
(f)
Development criteria.
As part of the application review process, the director, planning and zoning commission and city council shall determine whether the proposed PD provides an adequate framework for enhanced land design and integration of uses, and whether the proposal exceeds the minimum standards of the zoning regulations. The commission and council may elect to impose supplemental conditions to the zoning exhibit, detailed site plan and/or development plan to ensure justification for approval of the PD. Approval of a PD and subsequent development within the boundaries thereof shall adhere to the following:
(1)
Consistency with the comprehensive plan.
As the intent of the PD district is to provide for use and design flexibility, any combination of uses may be considered for the district provided that each use is specifically identified along with any appropriate conditions or limitations. The elements of the proposed PD shall be consistent with and promote the goals of the comprehensive plan.
(2)
Enhanced project design.
It is the intent of these regulations to encourage excellence in project design for PD districts to further implement the policies contained in the comprehensive plan. In exchange for greater design flexibility, PD districts are expected to exceed the minimum regulatory standards applicable to non-PD districts. The following criteria will be used to evaluate PD project design:
(A)
The project should be appropriately compatible with surrounding neighborhoods relative to architectural design; scale, massing, and building height; historical character; and disposition and orientation of buildings. Transitions to surrounding development shall be made when the proposed project contains differing use and scale.
(B)
Land uses, buildings, streets, open space, pedestrian circulation, and landscape should be arranged to produce a cohesive, orderly and creative layout that is complementary and supportive of the mix of uses.
(C)
The project should preserve the natural resources and historical aesthetic character of the site to the greatest extent practicable. Floodplains and riparian areas including wetlands and stream channels, existing specimen trees, other native woody vegetation, and natural topographical features should be identified, demarcated, and preserved as open areas.
(D)
A variety of housing product types should be included and integrated in an appropriate manner to provide market options within the development.
(E)
Streets shall be designed with enhancements to the pedestrian realm including sidewalks and shared-use paths separated from vehicular movement with a vegetated parkway buffer and street trees.
(F)
The street network shall comprise a hierarchy of street types and demonstrate principles supportive of multi-modal users and enhanced connectivity. Streets shall be designed to accommodate expected users, taking into consideration the characteristics of the site and vicinity, such as connections to the existing street network and pedestrian system improvements, existing structures, and natural features.
(G)
Residential and non-residential building design should demonstrate enhanced architectural elements such as masonry and finishes. Primary building facades should be oriented towards pedestrians to enhance and activate streetscapes.
(H)
The project shall include a network of connected, common open spaces for use as community gathering places and recreational resources. The open space network should incorporate amenities such as trails, seating, shade, lighting, and way finding sufficient to accommodate all expected users in compliance with all federal, state, and local jurisdictions. Wherever possible, the open-space network should connect to trails and parks outside of the project.
(g)
Planned development approval authority.
The components of a PD district, described in subsection (e) (planned development components), shall be considered by the planning and zoning commission and city council in the manner described below:
(1)
Zoning exhibit.
The zoning exhibit shall be considered for approval by the city council along with a development plan to establish the PD district, with a recommendation from the planning and zoning commission. In certain cases, following a thorough analysis of the submittal, the director may recommend to the planning and zoning commission that the project proceed directly to detailed site plan for initial PD establishment. In such instance, the applicant shall submit both a zoning exhibit and detailed site plan, along with a development plan, to the planning and zoning commission for consideration and recommendation to the city council.
(2)
Detailed site plan.
A detailed site plan shall be considered for approval either by the planning and zoning commission for a PD district initially established with a zoning exhibit.
(3)
Development plan.
The development plan shall be considered for approval by the planning and zoning commission and city council accompanied by either a zoning exhibit or detailed site plan, as established in this section. Certain amendments to an approved development plan may be approved by the director in accordance with subsection (i).
(h)
Development within a planned development district.
(1)
An approved PD district shall regulate the use and development of property within the district boundaries per the development plan. All building permits and development requests shall be in accordance with the plan.
(2)
The PD district shall not modify the procedures of the application or approval process for development or building within the PD district. Such processes shall follow and adhere to the normal procedures and requirements established by these regulations.
(i)
Modifications and amendments to PD districts.
Modifications to adopted regulating documents of a PD district shall be as follows:
(1)
Initiating request for PD modifications.
Consideration of a modification in any PD district boundary or other PD regulation may be initiated only with the written consent of all owners of property within the PD district boundaries or by the planning and zoning commission or city council on its own motion when it finds that the public will benefit from consideration of the proposed modification.
(2)
Development plans.
Major modifications, as defined in subsection (5), to an approved development plan shall be considered for approval by city council following recommendation of the planning and zoning commission. Minor modifications, as defined in subsection (6), may be approved by the director. Minor modifications approved by the director shall be memorialized in the city's records and incorporated into the development plan approved by ordinance following any amendment approved by the city council.
(3)
Zoning exhibits.
Major modifications, as defined in subsection (5), to an approved zoning exhibit shall be considered for approval by city council following recommendation of the planning and zoning commission. All other modifications shall be approved by the planning and zoning commission at the time of detailed site plan or subsequent requests following approval.
(4)
Detailed site plan.
All modifications to an approved detailed site plan shall be approved by the planning and zoning commission.
(5)
Major modifications.
A major modification is described as a change that increases the number of dwelling units/lots or residential density by more than 10 percent, building heights, or lot coverages; a change to primary street connection location; reduction in parkland or open space (without corresponding reduction in dwelling units); a change that alters access, circulation, or infrastructure in a way that would impact surrounding properties; a change to a zoning regulation, PD district boundary, or land uses; a change that does not meet the criteria of a minor modification, as defined in subsection (6); and other changes deemed by the director to be substantially different than the vision and principles established in the approved PD development plan.
(6)
Minor modifications.
A minor modification is described as a change that only affects aesthetic elements of the development plan, including but not limited to, architectural standards, landscaping standards, and parks and open space standards that do not include reductions in parkland and open space as defined in subsection (5). Minor modifications do not include a major modification as defined in subsection (5).
(7)
Protest and notice requirements.
Protests against proposed modifications shall be filed at least seven (7) days before the date of the public hearing. In computing the percentage of land area subject to a protest under section 211.006(d) of the Texas Local Government Code, the area of the lots or land covered by the specific proposed modification, which may be less than the entire area of land within the PD district boundaries, or the lots or land immediately adjoining that area and extending 200 feet from that area, shall be included.
(8)
Appeals.
Any person aggrieved or any official or department of the city affected by any decision or judgment of the director concerning the interpretation or administration of this subsection (i) may appeal such decision or judgment to the planning and zoning commission. Such appeal shall be taken within a reasonable time, not to exceed ten (10) days of the date of the decision, by filing with the director and with the planning and zoning commission a notice of appeal specifying the grounds thereof and accompanied by a fee as established by city council. The director shall promptly transmit to the planning and zoning commission all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action taken from, unless the director from whom the appeal is taken certifies to the planning and zoning commission after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the planning and zoning commission, on notice to the director from whom the appeal is taken and on due cause shown. The planning and zoning commission's decision on the appeal shall be final.
(j)
Expiration of approved PD district.
A detailed site plan shall be submitted for approval within two (2) years from the approval of the zoning exhibit for a minimum of 20 percent of the project area.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6837 adopted 6/2/2025)