- PURPOSE OF ZONING DISTRICTS
4-100. Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the city as follows:
(4-101) SF-1, SF-2, SF-3 and SF-4 Single-Family Dwelling districts: Single-family residential development constitutes the backbone of The Colony. Such development is to be protected from inharmonious and inconsistent uses to preserve the integrity of the neighborhood and protect property values of home owners. The regulations relating to SF-1, SF-2, SF-3 and SF-4 district's allow for greater diversity of development of single-family residential dwellings within the city.
(Ord. No. 448, § 2, 9-29-1986)
(4-102) D, Duplex Dwelling districts: Duplex dwellings are a recognized form of housing in the City of The Colony. In order to provide standards which will protect and encourage the various types of duplex dwellings in the city, a duplex dwelling district with minimum area requirements is provided.
(4-103) TH, Townhouse Dwelling districts: This classification creates single-family dwelling districts that are recognized as a form of housing in the City of The Colony, and provides standards which will protect and encourage various types of townhouse dwellings in the city. The TH districts also are established in an effort to provide a more dense single-family residential character by providing minimum standards for lot area, yards, lot coverage and lot frontage.
(4-104) MF-1, MF-2, MF-3 and MF-4, Multiple-Family Dwelling districts: These districts are composed of areas containing multiple-family dwellings and certain uniformly developed multiple-family dwelling sections. The MF-1, MF-2, MF-3 and MF-4 districts are medium density districts and are located in certain areas close to the center of the city at various outlying locations. The area regulations are designed to protect the residential character and prevent the overcrowding of the land in the MF-1, MF-2, MF-3 and MF-4 districts by providing minimum standards for building spacing, yards, off-street parking and coverage. Except for the provisions concerning density, height restrictions and dwelling area, which shall be controlled by the provisions contained in the PD district, the MF-4 classifications shall be similar to those applicable to the MF-1, MF-2 and MF-3 districts. All commercial and office uses are prohibited in the MF-1, MF-2, MF-3 and MF-4 districts. It is anticipated that additional areas may be designated in the MF-1, MF-2, MF-3 and MF-4 districts from time to time in the future where such change is appropriate and access and utility services can reasonably accommodate such medium density dwellings.
(Ord. No. 311, § 3, 11-26-1984; Ord. No. 376, § 3, 10-28-1985)
(4-105) PD, Planned Development districts: In order to provide flexibility in the planning and development of projects with combinations of uses or of specific physical designs such as office centers, combination apartment and retail centers, shopping centers, medical centers with office and housing elements, special industrial districts, housing developments or any similar developments, a PD, Planned Development district is provided. This district is intended to be applied to the district map as an amendment to the zoning ordinance. Certain maximum and minimum standards are specified for various use categories and certain standards such as yards, coverage, building spacing are to be determined by the design. Specific development conditions and development schedules can be enforced with respect to a PD, Planned Development district and failure to adhere to a development schedule can be the basis of removing all or part of a PD, Planned Development district from the zoning district map. The purposes of the PD, Planned Development district are to achieve flexibility and variety in the physical development pattern of the city, and to encourage a more efficient use of open space and to encourage the appropriate use of land. It is intended that cognizance be taken of the surrounding property and the proper protection of such property be given in locating and approving any PD, Planned Development district.
(4-106) MH, Mobile Home district: The mobile home or house trailer is recognized as a specific form of housing for which accommodations should be provided. To create appropriate standards as to density, spacing, and use, a separate district is created and designated for the specific purpose of providing at appropriate locations, area for the development of mobile home parks, courts, or subdivisions. The standards for commercial mobile home development for transient occupancy differ from those of a mobile home subdivision where more or less permanent occupancy is anticipated.
(Ord. No. 311, § 3, 11-26-1984)
(4-107) A, Agricultural district: There exists in certain areas of the City of The Colony, land which is presently used for agricultural purpose and to which urban services are not yet available. These lands should appropriately continue to be used for agricultural purposes for a number of years and until needed for urban purposes in conformity with the orderly growth of the city. The uses permitted in the A, Agricultural district are intended to accommodate the normal farming, ranching and gardening activities. It is anticipated that all of the A, Agricultural district area will be changed to other urban zoning categories as the area within the corporate limits of The Colony becomes fully developed. Newly annexed territory shall be temporarily zoned as A, Agricultural district until permanent zoning is established.
(4-108) P, Parking districts: The provisions of off-street parking of motor vehicles in connection with all types of use is essential to the reduction of congestion in the streets and to the encouragement of the most appropriate use of land. The P, Parking district provides a zoning classification solely limited to surface parking use and intended for use behind, across the street, or adjacent and incidental to apartments, retail, commercial, institutional, office of industrial uses where the provision of off-street parking is essential to protection of existing development and conducive to the most appropriate use of land. The P, Parking district is intended to be applied to the zoning district map by amendment where property ownership, physical arrangement and proper access make such change appropriate. In many instances, the P, Parking district may be less than one (1) acre in area.
(4-109) O-1 and O-2, Office districts: In order to provide a zoning district which would protect and encourage a high standard of office development, the Office districts are included as separate zoning classifications. The area standards provided in the O-1 and O-2, Office districts, anticipate that office uses will be located in close proximity to apartments and other residential uses. Yards, building bulk and off-street parking regulations are provided to assure that office uses will be compatible with adjacent residential districts. Where office buildings higher than two (2) stories (O-2) are anticipated or constructed, greater setbacks are required in order to protect the light and air to adjacent properties. Limited retail and service uses related to the operation of the office building such as a tobacco shop, barber shop or restaurant are permitted in the O-1 and O-2 Office districts but only when such uses are contained within the building proper.
(4-110) NS, Neighborhood Service districts; SC, Shopping Center districts; GR, General Retail districts: Three classifications of retail districts are provided to accommodate the various types of retail services and existing retail development.
The NS, Neighborhood Service district is a limited retail category, usually two (2) to five (5) acres, intended for use near or adjacent to residential areas for the purpose of supplying the day to day retail needs of the residents such as convenience type grocery stores (with gas sales only), barber and beauty shops, laundry and dry cleaning pick-up, small offices and similar neighborhood oriented services.
The SC, Shopping Center district provides a uniform set of standards for modern shopping center development including requirements for screening, off-street parking and building setbacks. Inasmuch as the SC, Shopping Center district occurs in close proximity to residential development, building setback and screening requirements are included to achieve a compatible relationship between the retail development and the adjacent residential areas which they are intended to serve. It is anticipated that from time to time additional SC, Shopping Center districts will be applied to the district map where such retail service is required to serve developing residential communities.
The GR, General Retail district is applied to the substantial strip retail areas which because of the nature of development are not appropriate for inclusion in the SC, Shopping Center district. The uses specified in the GR, General Retail district include most types of retail activity except for certain open-type displays such as used car lots and heavy machinery sales which are not compatible with the retail shopping function intended in the GR, General Retail district. It is, however, anticipated that in some situation a future change to a Commercial or Office classification might be appropriate to permit the transition of strip retail areas which are no longer in demand for retail use to other productive forms of land use.
(4-111) LC, Light Commercial districts: Part of any business development consists of uses related to the automobile, including drive-in or curb service eating places, used car lots, repair garages, amusements, warehouses and repair and service uses such as custom woodworking shops, upholstery shops, commercial amusements and plumbing shops. Such uses are generally not compatible with Shopping Centers (SC) and tend to obstruct and interfere with the shopping function. To accommodate such uses, the LC, Light Commercial district is provided. Generally this district is located along major arteries where strip business development exists.
(4-112) HC, Heavy Commercial districts: The sale, service, display and storage of certain commodities is by its nature not compatible with many other sales and display operations. Building material yards, contractor yards, open storage and repair of heavy machinery and welding or machine shops are examples of such heavy uses. In order to establish areas where such essential heavy sales, service, display and storage uses could be located, the HC district is provided.
(4-113) I, Industrial districts: Industrial development particularly of the distribution and light processing types represent a desirable economic goal for the economic base of The Colony. The rapidly changing variety of industry and the development of modern technology make it appropriate and desirable to provide for standards of industrial performance rather than to attempt to categorize industrial uses by name. Performance standards covering noise, smoke, particulate matter and other air contaminants, odorous matter, fire and explosive hazard, glare and vibration are specified for the industrial district.
The I district area provisions are, however, applicable to the modern industrial district developments, several of which have come into being in recent years.
All types of housing development other than that for caretakers or watchmen are excluded from the I district. It is the intent of such provision to protect the industrial land of the City of The Colony from the adverse effect of unregulated residential encroachment and to facilitate the proper and adequate provision of transportation, schools, parks and other public requirements, provided that all single-family residential dwellings exist in the I.
(Ord. No. 311, § 3, 11-26-1984)
(4-114) FP, Flood Plain prefix: Any zoning district designation appearing on the zoning district map may be preceded by the prefix FP indicating a subdistrict. Such indication shall apply to zoning districts located in low lying flood plain areas along major streams and drainageways in the City of The Colony which are subject to periodic inundation and are unsuitable in present form for use as a building site. The area designated in an FP subdistrict may be used only for those uses as approved by the U.S. Army Corps of Engineers (if applicable) and listed in the provision of section 10-1100 until the area or any portion thereof located in the FP subdistrict is certified by the director of public works as being suitable for the uses permitted in the general district and it has been determined that building construction would not create an obstruction to drainage nor a hazard to life or property and that such use or construction is not contrary to the public interest.
(4-115) Specific use permits: Certain uses because of their nature and existing location are not appropriate for categorizing into specific zoning districts. Such uses include among others, utility installations, colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs and some heavy operations such as junkyards, dumps and gravel pits. To provide for the proper handling and location of such specific uses, provision is made for amending this ordinance to grant a permit for a specific use in a specific location. All uses for which specific use permits may be granted are shown on the use schedule, 10-200 through 10-214. The procedure for approval of a specific use permit includes a public hearing and the amending ordinance may provide for certain restrictions and standards of operation. The indication that it is possible to grant a specific use does not constitute a grant of privilege for such use nor is there any obligation to approve a specific use permit unless it is the finding of the city planning and zoning commission and city council that such specific use is compatible with adjacent property use and consistent with the character of the neighborhood.
(4-116) H, Historic Landmark: Any zoning district designation appearing on the zoning district map may be followed by the suffix "H" indicating a subdistrict. An Historic Landmark includes buildings, areas, land, or districts of historical, architectural, archaeological or cultural importance or value which merit protection, enhancement, and preservation in the interest of the culture prosperity, education, and welfare of the people. Additional uses may be permitted in any specific "H" subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict.
(4-117) BP, Business Park district: Business park development of the type including high-rise office buildings, clean manufacturing and processing, and related support facilities such as retail establishments within a building, parking garages and restaurants, is a desirable economic goal for The Colony and demands certain special requirements to ensure development of high quality, while protecting noncommercial areas bordering it. Such uses cannot always be developed most effectively under other zoning district requirements. This district will allow modern business park development and the necessary support establishments to exist in close proximity to each other, usually, but not necessarily along major highways and thoroughfares.
(Ord. No. 311, § 3, 11-26-1984)
- PURPOSE OF ZONING DISTRICTS
4-100. Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the city as follows:
(4-101) SF-1, SF-2, SF-3 and SF-4 Single-Family Dwelling districts: Single-family residential development constitutes the backbone of The Colony. Such development is to be protected from inharmonious and inconsistent uses to preserve the integrity of the neighborhood and protect property values of home owners. The regulations relating to SF-1, SF-2, SF-3 and SF-4 district's allow for greater diversity of development of single-family residential dwellings within the city.
(Ord. No. 448, § 2, 9-29-1986)
(4-102) D, Duplex Dwelling districts: Duplex dwellings are a recognized form of housing in the City of The Colony. In order to provide standards which will protect and encourage the various types of duplex dwellings in the city, a duplex dwelling district with minimum area requirements is provided.
(4-103) TH, Townhouse Dwelling districts: This classification creates single-family dwelling districts that are recognized as a form of housing in the City of The Colony, and provides standards which will protect and encourage various types of townhouse dwellings in the city. The TH districts also are established in an effort to provide a more dense single-family residential character by providing minimum standards for lot area, yards, lot coverage and lot frontage.
(4-104) MF-1, MF-2, MF-3 and MF-4, Multiple-Family Dwelling districts: These districts are composed of areas containing multiple-family dwellings and certain uniformly developed multiple-family dwelling sections. The MF-1, MF-2, MF-3 and MF-4 districts are medium density districts and are located in certain areas close to the center of the city at various outlying locations. The area regulations are designed to protect the residential character and prevent the overcrowding of the land in the MF-1, MF-2, MF-3 and MF-4 districts by providing minimum standards for building spacing, yards, off-street parking and coverage. Except for the provisions concerning density, height restrictions and dwelling area, which shall be controlled by the provisions contained in the PD district, the MF-4 classifications shall be similar to those applicable to the MF-1, MF-2 and MF-3 districts. All commercial and office uses are prohibited in the MF-1, MF-2, MF-3 and MF-4 districts. It is anticipated that additional areas may be designated in the MF-1, MF-2, MF-3 and MF-4 districts from time to time in the future where such change is appropriate and access and utility services can reasonably accommodate such medium density dwellings.
(Ord. No. 311, § 3, 11-26-1984; Ord. No. 376, § 3, 10-28-1985)
(4-105) PD, Planned Development districts: In order to provide flexibility in the planning and development of projects with combinations of uses or of specific physical designs such as office centers, combination apartment and retail centers, shopping centers, medical centers with office and housing elements, special industrial districts, housing developments or any similar developments, a PD, Planned Development district is provided. This district is intended to be applied to the district map as an amendment to the zoning ordinance. Certain maximum and minimum standards are specified for various use categories and certain standards such as yards, coverage, building spacing are to be determined by the design. Specific development conditions and development schedules can be enforced with respect to a PD, Planned Development district and failure to adhere to a development schedule can be the basis of removing all or part of a PD, Planned Development district from the zoning district map. The purposes of the PD, Planned Development district are to achieve flexibility and variety in the physical development pattern of the city, and to encourage a more efficient use of open space and to encourage the appropriate use of land. It is intended that cognizance be taken of the surrounding property and the proper protection of such property be given in locating and approving any PD, Planned Development district.
(4-106) MH, Mobile Home district: The mobile home or house trailer is recognized as a specific form of housing for which accommodations should be provided. To create appropriate standards as to density, spacing, and use, a separate district is created and designated for the specific purpose of providing at appropriate locations, area for the development of mobile home parks, courts, or subdivisions. The standards for commercial mobile home development for transient occupancy differ from those of a mobile home subdivision where more or less permanent occupancy is anticipated.
(Ord. No. 311, § 3, 11-26-1984)
(4-107) A, Agricultural district: There exists in certain areas of the City of The Colony, land which is presently used for agricultural purpose and to which urban services are not yet available. These lands should appropriately continue to be used for agricultural purposes for a number of years and until needed for urban purposes in conformity with the orderly growth of the city. The uses permitted in the A, Agricultural district are intended to accommodate the normal farming, ranching and gardening activities. It is anticipated that all of the A, Agricultural district area will be changed to other urban zoning categories as the area within the corporate limits of The Colony becomes fully developed. Newly annexed territory shall be temporarily zoned as A, Agricultural district until permanent zoning is established.
(4-108) P, Parking districts: The provisions of off-street parking of motor vehicles in connection with all types of use is essential to the reduction of congestion in the streets and to the encouragement of the most appropriate use of land. The P, Parking district provides a zoning classification solely limited to surface parking use and intended for use behind, across the street, or adjacent and incidental to apartments, retail, commercial, institutional, office of industrial uses where the provision of off-street parking is essential to protection of existing development and conducive to the most appropriate use of land. The P, Parking district is intended to be applied to the zoning district map by amendment where property ownership, physical arrangement and proper access make such change appropriate. In many instances, the P, Parking district may be less than one (1) acre in area.
(4-109) O-1 and O-2, Office districts: In order to provide a zoning district which would protect and encourage a high standard of office development, the Office districts are included as separate zoning classifications. The area standards provided in the O-1 and O-2, Office districts, anticipate that office uses will be located in close proximity to apartments and other residential uses. Yards, building bulk and off-street parking regulations are provided to assure that office uses will be compatible with adjacent residential districts. Where office buildings higher than two (2) stories (O-2) are anticipated or constructed, greater setbacks are required in order to protect the light and air to adjacent properties. Limited retail and service uses related to the operation of the office building such as a tobacco shop, barber shop or restaurant are permitted in the O-1 and O-2 Office districts but only when such uses are contained within the building proper.
(4-110) NS, Neighborhood Service districts; SC, Shopping Center districts; GR, General Retail districts: Three classifications of retail districts are provided to accommodate the various types of retail services and existing retail development.
The NS, Neighborhood Service district is a limited retail category, usually two (2) to five (5) acres, intended for use near or adjacent to residential areas for the purpose of supplying the day to day retail needs of the residents such as convenience type grocery stores (with gas sales only), barber and beauty shops, laundry and dry cleaning pick-up, small offices and similar neighborhood oriented services.
The SC, Shopping Center district provides a uniform set of standards for modern shopping center development including requirements for screening, off-street parking and building setbacks. Inasmuch as the SC, Shopping Center district occurs in close proximity to residential development, building setback and screening requirements are included to achieve a compatible relationship between the retail development and the adjacent residential areas which they are intended to serve. It is anticipated that from time to time additional SC, Shopping Center districts will be applied to the district map where such retail service is required to serve developing residential communities.
The GR, General Retail district is applied to the substantial strip retail areas which because of the nature of development are not appropriate for inclusion in the SC, Shopping Center district. The uses specified in the GR, General Retail district include most types of retail activity except for certain open-type displays such as used car lots and heavy machinery sales which are not compatible with the retail shopping function intended in the GR, General Retail district. It is, however, anticipated that in some situation a future change to a Commercial or Office classification might be appropriate to permit the transition of strip retail areas which are no longer in demand for retail use to other productive forms of land use.
(4-111) LC, Light Commercial districts: Part of any business development consists of uses related to the automobile, including drive-in or curb service eating places, used car lots, repair garages, amusements, warehouses and repair and service uses such as custom woodworking shops, upholstery shops, commercial amusements and plumbing shops. Such uses are generally not compatible with Shopping Centers (SC) and tend to obstruct and interfere with the shopping function. To accommodate such uses, the LC, Light Commercial district is provided. Generally this district is located along major arteries where strip business development exists.
(4-112) HC, Heavy Commercial districts: The sale, service, display and storage of certain commodities is by its nature not compatible with many other sales and display operations. Building material yards, contractor yards, open storage and repair of heavy machinery and welding or machine shops are examples of such heavy uses. In order to establish areas where such essential heavy sales, service, display and storage uses could be located, the HC district is provided.
(4-113) I, Industrial districts: Industrial development particularly of the distribution and light processing types represent a desirable economic goal for the economic base of The Colony. The rapidly changing variety of industry and the development of modern technology make it appropriate and desirable to provide for standards of industrial performance rather than to attempt to categorize industrial uses by name. Performance standards covering noise, smoke, particulate matter and other air contaminants, odorous matter, fire and explosive hazard, glare and vibration are specified for the industrial district.
The I district area provisions are, however, applicable to the modern industrial district developments, several of which have come into being in recent years.
All types of housing development other than that for caretakers or watchmen are excluded from the I district. It is the intent of such provision to protect the industrial land of the City of The Colony from the adverse effect of unregulated residential encroachment and to facilitate the proper and adequate provision of transportation, schools, parks and other public requirements, provided that all single-family residential dwellings exist in the I.
(Ord. No. 311, § 3, 11-26-1984)
(4-114) FP, Flood Plain prefix: Any zoning district designation appearing on the zoning district map may be preceded by the prefix FP indicating a subdistrict. Such indication shall apply to zoning districts located in low lying flood plain areas along major streams and drainageways in the City of The Colony which are subject to periodic inundation and are unsuitable in present form for use as a building site. The area designated in an FP subdistrict may be used only for those uses as approved by the U.S. Army Corps of Engineers (if applicable) and listed in the provision of section 10-1100 until the area or any portion thereof located in the FP subdistrict is certified by the director of public works as being suitable for the uses permitted in the general district and it has been determined that building construction would not create an obstruction to drainage nor a hazard to life or property and that such use or construction is not contrary to the public interest.
(4-115) Specific use permits: Certain uses because of their nature and existing location are not appropriate for categorizing into specific zoning districts. Such uses include among others, utility installations, colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs and some heavy operations such as junkyards, dumps and gravel pits. To provide for the proper handling and location of such specific uses, provision is made for amending this ordinance to grant a permit for a specific use in a specific location. All uses for which specific use permits may be granted are shown on the use schedule, 10-200 through 10-214. The procedure for approval of a specific use permit includes a public hearing and the amending ordinance may provide for certain restrictions and standards of operation. The indication that it is possible to grant a specific use does not constitute a grant of privilege for such use nor is there any obligation to approve a specific use permit unless it is the finding of the city planning and zoning commission and city council that such specific use is compatible with adjacent property use and consistent with the character of the neighborhood.
(4-116) H, Historic Landmark: Any zoning district designation appearing on the zoning district map may be followed by the suffix "H" indicating a subdistrict. An Historic Landmark includes buildings, areas, land, or districts of historical, architectural, archaeological or cultural importance or value which merit protection, enhancement, and preservation in the interest of the culture prosperity, education, and welfare of the people. Additional uses may be permitted in any specific "H" subdistrict and shall be enumerated in the ordinance establishing such subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict.
(4-117) BP, Business Park district: Business park development of the type including high-rise office buildings, clean manufacturing and processing, and related support facilities such as retail establishments within a building, parking garages and restaurants, is a desirable economic goal for The Colony and demands certain special requirements to ensure development of high quality, while protecting noncommercial areas bordering it. Such uses cannot always be developed most effectively under other zoning district requirements. This district will allow modern business park development and the necessary support establishments to exist in close proximity to each other, usually, but not necessarily along major highways and thoroughfares.
(Ord. No. 311, § 3, 11-26-1984)