Volente City Zoning Code
Division 2
Zoning Districts and Regulations
§ 9.02.041 General requirements and limitations.
(a)
Conformity to zoning district requirements.
No building shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered. Furthermore, no open space surrounding any building shall be encroached upon by a structure or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the district in which such building or open space is located.
(b)
Signs and billboards.
No sign or billboard shall be erected, moved, altered, added to, enlarged, painted, or modified unless it shall conform to the provisions of this article and all applicable village ordinances governing the placement, location, permitting, construction and maintenance of signs. Except as otherwise expressly authorized by ordinance, all off-premises signs and billboards are expressly prohibited.
(c)
Structures and buildings.
No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable village codes and ordinances, and such work and structure shall:
(1)
Conform to the setback, impervious cover, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located as specified in the following Chart 1.
(2)
Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:
(A)
The height limits prescribed herein shall not apply to television and radio towers, church spires, and fire water towers, chimneys, and necessary public or private utilities. The height limits and other applicable regulations for television, radio and communications towers and antennas may be established by separate ordinance.
(B)
Public or semi-public service buildings, hospitals, institutions or schools, churches and other places of worship where permitted, may be erected to a height not exceeding thirty-five feet (35').
(d)
Accessory structures and uses.
Accessory structures designed, constructed and located for a use permitted in the district, in compliance with this article and all other applicable village ordinances, are permitted in each district.
(e)
Portable storage structure.
May be located in the side and rear setbacks. See “portable storage structures” definition.
(f)
Conformity to site development plan requirements.
No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless a site development plan meets the requirements of the applicable village ordinances and have been approved by the village.
(g)
Conformity to parking and loading space requirements.
No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless it conforms to the off-street parking and loading requirements of this article and all other applicable village ordinances.
(h)
Conformity to building setback requirements.
No yard or other open space provided around any structure or building shall be considered as providing a yard or open space for a building on any other lot.
(i)
Outdoor lighting.
All outdoor lighting shall be installed and maintained in compliance with the site development ordinance and all applicable village ordinances. Such lighting shall be located and maintained in a manner as to not be directed onto any public street or adjacent property; provided that such street lighting may be directed directly down upon a public street.
(j)
Height and placement requirements.
Except as otherwise specifically provided in this article, no building structure shall be erected or maintained within the required building setbacks set forth herein, or which exceeds the height limits specified in Chart 1.
(k)
Impervious coverage.
The maximum percentage of impervious cover shall not exceed that percentage specified in Chart 1.
(l)
Parking.
Automotive vehicles or trailers bearing current license plates and state motor vehicle inspection stickers, excluding racing cars, antique cars, and cars belonging to members of armed forces who are on active duty, shall be parked in accordance with this section and any applicable village ordinances.
(1)
Parking regulations.
Where any structure is erected, reconstructed or converted for any of the business or commercial uses permitted in this article, designated on-street and off-street parking spaces shall be provided in a number not less than as provided in Chart 2 set forth hereinafter.
(2)
Off-street parking space
is an area of privately owned land not less than nine (9) feet by eighteen and one-half (18-1/2) feet not on a public street with an all-weather surface. A public street shall not be classified as such, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space.
(3)
Parking space
is an area that is not a street or public right-of-way that is used or designed to be used for motor vehicle parking, that is not less than nine (9) feet by eighteen and one-half (18-1/2) feet, exclusive of the driveways connecting said space with a street. Said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile.
(4)
Accessible parking.
ADA compliance guidelines will apply. The location and design of accessible parking spaces shall be as required by the Texas Accessibility Standards (TAS).
(5)
Van accessible parking.
Aisle access requirements shall be as required by the Texas Accessibility Standards (TAS).
(6)
Reduction of parking.
The total number of required motor vehicle parking spaces for a nonresidential use may be reduced by five percent (5%) for each of the activities listed below provided by the owners or operators up to a maximum ten percent (10%) reduction in the total number of motor vehicle spaces.
(A)
Participates in an area-wide carpool/vanpool ride matching program for employees, designating at least ten percent (10%) of the employee motor vehicle parking spaces as carpool/vanpool parking, and place such spaces closer to the building than other employee parking.
(B)
Provides showers and lockers for employees who commute by bicycle.
(C)
Provides covered, secure bicycle parking racks or facilities.
(D)
Provides a transit facility that is approved by the local transit authority, and related amenities. Related amenities include but are not limited to: a public plaza, pedestrian sitting areas, and additional landscaping.
(7)
Development and maintenance standards for parking lots.
Every parcel of land hereafter used as a public or private parking lots, including commercial parking lots, shall be developed as follows:
(A)
Off-street parking lots for more than five (5) vehicles and loading areas shall be effectively screened by a privacy fence, hedge, or planting on each side which adjoins a residential use or property situated in a residential area.
(B)
Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zoning districts or adjacent to residential uses shall be designed to minimize disturbance of residents.
(C)
Adjacent to or within residential districts or adjacent to residential uses shall be designed to minimize disturbance of residents.
(D)
Access aisle shall be of sufficient width for vehicular turning and maneuvering.
(8)
Council determination.
Off-street parking and on-street parking for all uses not within the categories above shall be adequate to meet the anticipated needs and shall be determined by the council using standards outlined for special exceptions with a view towards providing adequate parking and carrying out the general scheme of the parking requirements set out herein.
(9)
Special exception.
The council may grant a special exception to allow two more uses to share parking spaces upon showing that the particular uses in question will require parking at different times. Any spaces the council allows to be shared count towards the number of spaces each use must provide.
(m)
Uses are noncumulative.
Uses within each district are restricted solely to those uses expressly permitted in each district and are not cumulative unless so stated.
(n)
Mandated exceptions.
To the extent required by state or federal law, a personal care facility is an additional permitted use in any district, provided that:
(1)
Homes and residential units not designated and constructed in compliance with ordinance and code requirements applicable to multiple-occupancy residential buildings and nursing homes shall meet the following requirements:
(A)
The structure shall comply with the provisions of the village’s construction codes that are applicable to nursing homes;
(B)
There shall be a minimum of two (2) parking spaces. For each three (3) beds, one additional space is required;
(C)
There shall be not less than fifty square feet (50 sf) of each living space within a sleeping room for each occupant assigned to such room;
(D)
There shall be not less than one hundred seventy-five (175) square feet of living area in the structure for each occupant/resident of the structure and attendant on duty; and
(E)
The structure and operations shall comply with the standards established by the state department of human services as licensing standards for personal care facilities for a type B facility.
(2)
The home must meet all applicable state licensing requirements.
(3)
A personal care facility must have at least one (1) paid staff member on duty twenty-four (24) hours per day and one supervisor for each six (6) residents during [sic]
(4)
A personal care facility may not have more than fifteen (15) residents.
(o)
Manufactured home, HUD-code.
In addition to conforming to all other regulations herein, manufactured homes must be connected to permanent utilities and skirted.
(p)
Recreational vehicles.
Storage of a property owner’s RV or a tenant’s RV is allowed. An RV may not be stored in any easement or setback area, except in a driveway in a side setback. RV parking and use by visitors, by property owners during home construction/major remodeling, for emergency purposes, or by a governmental public utility or law enforcement agency while engaged in their official duties, is temporarily allowed for a maximum length of 30 continuous days, with an annual maximum time limit of 3 months total. There must be a minimum of 14 days between stays. To exceed the time provisions or the use restrictions in this article, a permit must be issued by the village. No RV may be permitted to remain on any lot as a permanent residence, either by property owners or tenants. Permanent residence is defined as the vehicle being attached directly to a power and/or water source and/or sewage facility, or used for more than 30 days at a time or more than 3 months during a calendar year.
(q)
Home based occupation.
Means a commercial use customarily carried on in the home:
(1)
By members of the occupant family;
(2)
Without structural alterations in the principal building or any of its rooms;
(3)
Without the installation of machinery or additional equipment other than that customary to normal household operations;
(4)
With no more than 1 employee other than immediate family; and
(5)
Which does not cause the generation of other than normal noise, pedestrian and vehicular traffic.
(6)
It is incidental to a residential use and subject to the following limitations:
(A)
The home occupation shall be conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s);
(B)
The residential character of the lot and dwelling shall be maintained, the exterior of the dwelling shall not be structurally altered, and no additional buildings shall be added on the property to accommodate the home occupation;
(C)
The occupation shall not produce external noise, vibration, smoke, odor, fumes, or electrical interference, or involve the storage of weapons or dangerous materials, or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit; and
(D)
No vehicle used in connection with the home occupation which requires a commercial driver’s license to operate shall be parked on any street adjacent to the property.
(Ordinance 2016-O-173, sec. 30.108, adopted 11/15/16)
§ 9.02.042 Establishment of zoning districts and categories.
(a)
The village is hereby divided into thirteen (13) districts. The use, height and area regulations as set out herein shall be uniform in each district where applicable or as provided elsewhere in this article. The districts are as established in Chart 3.
(b)
Zoning map.
The location and boundaries of the districts herein established are shown upon the zoning map, which is hereby incorporated and made a part of this article; provided that such uses as listed but not shown on the zoning map are provided for future growth and use upon amendment of the comprehensive plan. The village secretary maintains the zoning map together with all notations, references, and other information shown thereon and all amendments thereto.
(c)
District boundaries.
Where uncertainty exists with respect to the boundaries of the established districts as shown on the zoning map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.
(2)
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
(3)
Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on said map.
(4)
In subdivided property, the district boundary lines on the zoning map shall be determined by the use of the scale appearing on the map.
(5)
If a district boundary line divides a property into two (2) parts, the district boundary lines shall be construed to be the property line nearest the district line as shown.
(6)
Whenever any street or other public way is vacated by the council, the district shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the districts as extended.
(7)
Where streets on the ground differ from streets shown on the zoning map, those on the ground shall control.
(Ordinance 2016-O-173, sec. 30.109, adopted 11/15/16)
§ 9.02.043 Zoning of annexed areas.
(a)
Interim zoning district.
All territory hereafter annexed to the village shall be automatically classified on a temporary basis as Single-Family Residential District “SR”, pending subsequent action by the commission and council for permanent zoning; provided that upon application, by either the village or the property owner of the land being annexed, for zoning other than agricultural, notice may be given and hearings held in compliance with chapter 211 of the Texas Local Government Code and, upon annexation, such property may be permanently zoned as determined by the council after considering the commission’s recommendation.
(b)
Permits in interim zoned areas.
In an area temporarily classified as Single-Family Residential District “SR”, no permits for the construction of a building or use of land other than uses allowed in said district under this article shall be issued by the village.
(Ordinance 2016-O-173, sec. 30.110, adopted 11/15/16)
§ 9.02.044 Residential general provisions (SR, SR1, SRR, SRC, MFR).
(a)
Purpose and permitted uses - Applicable to all residential districts.
See specific residential districts.
(b)
General permitted uses - Applicable to all residential districts.
(1)
Parks, playgrounds, greenbelts, community buildings and other public recreational facilities.
(2)
Public buildings, including libraries, museums, safety services, police and fire stations.
(3)
Real estate sales offices during the development of a residential subdivision of 20 lots or more, and not to exceed two (2) years. Display dwellings with sales offices, provided that if said display dwellings are not moved or converted to a permitted use within a period of one (1) year, specific permission must be obtained from the council for said display houses to remain.
(4)
Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.
(5)
Water storage tanks and pumping plants.
(6)
Home based occupation - see section 9.02.041(q).
(7)
Boat docks.
(c)
Conditions and limitations - Applicable to all residential districts.
(1)
See Chart 1.
(2)
See Chart 2.
(3)
See Chart 5.
(4)
Privacy fences, if installed, that face public streets, roadways or right-of-way must have the finished side facing the public street, roadways or right-of-way.
(5)
Telecommunications facilities - see the village’s telecommunications ordinance.
(6)
Bed and breakfast.
(7)
Manufactured (HUD) home.
(Ordinance 2016-O-173, sec. 30.111, adopted 11/15/16)
§ 9.02.045 Single-Family Residential - District “SR”.
Purpose and permitted uses. Permits a detached dwelling (single-family) with a minimum of 1,000 square feet of living area, and related accessory structures, on a minimum lot size of one acre.
(Ordinance 2016-O-173, sec. 30.112, adopted 11/15/16)
§ 9.02.046 Single-Family Residential Historical - District “SR1”.
Purpose and permitted uses. Lots, legally platted prior to February 1, 2003, which are less than one acre in size or do not conform to the minimum lot width provisions for SR. Permits a detached dwelling (single-family) with a minimum of 1000 square feet of living area, or 500 square feet of living area for lots under 1/2 acre.
(Ordinance 2016-O-173, sec. 30.113, adopted 11/15/16)
§ 9.02.047 Single-Family Residential Ridgetop - District “SRR”.
(a)
Applicability.
District SRR is applicable to all land areas as defined by the Ridgetop Zoning District as shown on the official zoning map and/or Ridgetop Plan (Plate 10-2, Comprehensive Plan, October 2004).
(b)
Purpose and permitted uses.
Permits a detached dwelling (single-family) with a minimum of one thousand (1,000) square feet of living area, and related accessory structures, on a minimum lot size of one acre.
(Ordinance 2016-O-173, sec. 30.114, adopted 11/15/16)
§ 9.02.048 Single-Family Residential Cluster - District “SRC”.
Purpose and permitted uses. Permits detached dwellings (single-family) with a minimum of one thousand (1,000) square feet of living area, and related accessory structures, on a minimum lot size that does not cause the development to exceed one (1) home per one acre in a subdivision.
(Ordinance 2016-O-173, sec. 30.115, adopted 11/15/16)
§ 9.02.049 Multi-Family Residential - District “MFR”.
Purpose and permitted uses. Permits detached duplexes, and three- and four-unit residences with a minimum of one thousand (1000) square feet of living area per unit and related accessory structures on at least one quarter (1/4) acre per unit with a total lot size no smaller than one (1) acre.
(Ordinance 2016-O-173, sec. 30.116, adopted 11/15/16)
§ 9.02.050 Open Space - District “OS”.
(a)
Purpose.
An Open Space District is a tract of land provided as a general benefit for the village or a subdivision hereof. Common open space must be usable for recreational purposes or must provide visual aesthetic and environmental amenities. The uses authorized for the common open space should be appropriate to the scale and character of the surrounding development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. As a minimum, the total open space shall not be less than required for park land by the subdivision regulations of the village. Common open space should be improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. Any buildings, structures and improvements to be located in the common open space must be appropriate to the uses which are intended therefor and must conserve and enhance the common open space.
(Ordinance 2016-O-173, sec. 30.117, adopted 11/15/16)
§ 9.02.051 Private Way for General Use - District “PWGU”.
(a)
Purpose.
A private way for general use property is a tract of land provided, at the time of subdividing, as a general benefit for the property owners within the subdivision. The zoning map of the village identifies properties zoned PWGU.
(b)
Permitted uses.
Permitted uses for this district are as described in the original plat or deed restrictions.
(c)
Construction or improvement.
Construction or improvement within this district shall be permitted in accordance with the site development ordinance and any other applicable ordinances provided the applicant can demonstrate compliance with any deed restrictions and the authority to develop.
(d)
See Chart 4 for listing.
(Ordinance 2016-O-173, sec. 30.118, adopted 11/15/16)
§ 9.02.052 Government or Institutional District - District “GOV”.
(a)
Purpose.
This district is intended to establish appropriate areas for uses that provide important community services often requiring large amounts of land.
(b)
Permitted uses.
Facilities owned and operated by the federal government, the state or political subdivisions thereof. Examples include:
(1)
Parks, playgrounds, greenbelts, community buildings and other public recreational facilities;
(2)
Public buildings, including libraries, museums, safety services, police and fire stations;
(3)
Public grounds;
(4)
Uses required by public transportation services;
(5)
Public athletic fields, sports facilities, community centers, and swimming pools;
(6)
Accessory uses customarily incidental to any of the foregoing permitted uses;
(7)
Water storage tank, pumping plants and water towers.
(Ordinance 2016-O-173, sec. 30.119, adopted 11/15/16)
§ 9.02.053 Commercial general provisions, uses and limitations (C1, C2, C3).
(a)
Purpose and permitted uses - Applicable to all commercial districts.
(1)
See specific commercial districts.
(2)
The zoning map will reflect the following commercial zones generally. If a use falls under the permitted or conditional uses for a district, the property must be in accordance with the conditions and limitations of Chart 1 of said district. Should the property not conform to those standards, then the use will be disallowed.
(3)
Such commercial uses shall when established be compatible with adjacent and neighboring residential areas and not create unreasonable traffic or land use conflicts.
(b)
Screening of nonresidential uses from residential districts or uses - Applicable to all commercial districts.
All lots, or parts of lots, which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to a residential district or use, not separated by a public street or roadway, shall be screened from such residential district or use in accordance with the village’s nonpoint source pollution control, subdivision, site development and construction ordinances.
(c)
Compliance with additional village regulations and ordinances - Applicable to all commercial districts.
All commercial and industrial uses must comply with the noise, nuisance, and sign standards of the village.
(d)
General permitted uses - Applicable to all commercial districts.
(e)
General conditions and limitations - Applicable to all commercial districts.
(1)
See Chart 1.
(2)
See Chart 2.
(3)
See Chart 5.
(4)
Privacy fences, if installed, that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadway or right-of-way.
(5)
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisances and that such odor, smoke, dust, noise, or vibration does not exceed the permitted levels established by village regulations when measured at the property line.
(6)
Sidewalks, driveways and parking lots must be surfaced in a non-dusting, non-erodible and pedestrian friendly material (excluding any portion of the property used for parking and within the floodplain); parking in a floodplain is per LCRA guidelines.
(7)
Required yards and outdoor areas shall not be used for display, sale of vehicles, equipment, containers or waste material, save and except for screened dumpster collection areas.
(8)
Buffering and screening of loading and storage facilities shall comply with the village’s site development ordinance.
(9)
All parking and loading must be off-street parking. See section 9.02.041(l).
(10)
Drive-in or fast food restaurant not permitted.
(11)
Telecommunications facilities - See the village’s telecommunications ordinance.
(Ordinance 2016-O-173, sec. 30.120, adopted 11/15/16)
§ 9.02.054 Commercial Retail - District “C1”.
(a)
Purpose.
This district permits a mix of light commercial uses, generally retail trade, service industries, and stores that distribute goods and materials dependent upon raw materials refined elsewhere. Floor space less than 6,000 S.F. per single structure.
(Ordinance 2016-O-173, sec. 30.121, adopted 11/15/16)
§ 9.02.055 Commercial Retail with Restaurant - District “C2”.
(a)
Purpose.
This district allows a mix of light commercial uses, generally retail trade, service industries, and stores that distribute goods and materials dependent upon raw materials refined elsewhere as well as restaurants and dining establishments. Floor space less than 8,000 S.F. per single structure.
(Ordinance 2016-O-173, sec. 30.122, adopted 11/15/16)
§ 9.02.056 Commercial Marina - District “C3”.
(a)
Purpose.
This district permits any commercial structure or combination of structures used for docking, mooring and storage with more than three mooring slips including structures and associated anchoring facilities which abut the establishment. Floor space less than 12,000 S.F. per single structure.
(c)
Additional conditions and limitations.
(1)
All marinas shall comply with provisions of the Lower Colorado River Authority’s rules governing marinas and be permitted by LCRA.
(d)
Additional conditional uses permitted upon authorization of council.
(1)
Bar, nightclub, private club, dance hall, and social club.
(2)
Dry stacks.
(3)
Fueling stations.
(4)
Light retail for convenience shopping (includes ship store).
(5)
Restaurant with or without alcohol.
(6)
Boat, watercraft and other rental activity.
(7)
Commercial amusement (indoor) and commercial amusement (outdoor).
(8)
Boat services, repair and towing.
(Ordinance 2016-O-173, sec. 30.123, adopted 11/15/16)
§ 9.02.057 Utility District - District “UD”.
(a)
Purpose.
This district is intended to provide appropriate areas for uses that provide important community services often requiring large amounts of land. The site for a permitted use of the UD District should also contain adequate space for required off-street parking and for buffering from residential districts.
(b)
Permitted uses.
Electrical and telephone substations for local use. Permitted uses adjacent to residential properties must receive prior authorization and approval by the planning and zoning commission and council before beginning any development project including site development, tree removal, construction of facilities, and operations.
(c)
Conditional uses permitted upon authorization of council.
(1)
Telecommunications facilities - See the village’s telecommunications ordinance.
(2)
Water intake facilities and pumping stations.
(3)
Facilities required by public or private utility providers.
(4)
Public or private utility substations and distributing centers, regulation centers, and underground stations.
(5)
Water storage tank and water towers.
(6)
Public water systems. Such a system must have at least fifteen (15) service connections or serve at least twenty-five (25) individuals at least sixty (60) days out of the year. This term includes:
(A)
Any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
(B)
Two (2) or more systems with each having a potential to serve less than fifteen (15) connections or less than twenty-five (25) individuals but owned by the same person, firm or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are fifteen (15) or greater or if the total number of individuals served by the combined systems total twenty-five (25) or greater at least sixty (60) days out of the year.
(C)
Without excluding other meanings of the terms “individual” or “served,” an individual shall be deemed to be served by a water system if he lives in, uses as his place of employment, or works in a place to which drinking water is supplied from the system. As defined by section 290.38(66) [290.38(69)] of TAC [title 30,] chapter 290, subchapter D (the regulations of the Texas Commission on Environmental Quality).
(7)
Accessory uses incidental to any of the foregoing conditional uses.
(d)
Conditions and limitations.
(1)
See Chart 1.
(2)
See Chart 2.
(3)
Buffering and screening of loading and storage facilities shall comply with the village’s site development ordinance.
(4)
That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisances and that such odor, smoke, dust, noise, or vibration does not exceed the permitted levels established by village regulations when measured at the property line.
(5)
Sidewalks, driveways, and parking lots must be surfaced in a non-dusting, non-erodible and pedestrian friendly material (excluding the portion of the property used for parking that is within the floodplain).
(Ordinance 2016-O-173, sec. 30.124, adopted 11/15/16)
§ 9.02.058 Planned Development District - PDD.
(a)
Permitted uses.
A PDD may be comprised of a combination of residential, multi-family, and commercial uses. Each designated PDD District will have unique standards and requirements that are described in the adopting ordinance for that district. A PDD can also include utilities, but only those directly related to the proposed development.
(b)
Description of a PDD.
The outer boundary of each PDD zoning district shall be shown on a map. Each PDD must be wholly contained within the incorporated village city limits and cannot extend either into the future village’s extraterritorial jurisdiction or into another village’s extraterritorial jurisdiction. The village, however, may conditionally approve a preliminary site development plan (defined below) contingent on the areas outside of the village’s city limits being annexed into the village prior to approval of the final site development plan. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other district, and percentage of the total area of such PDD which will comprise each such separate use, and all notations, references, and other information shown thereon, shall be adopted by ordinance.
(c)
Flexible planning.
When considering a PDD, the unique nature of each proposal for a PDD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks for public utilities, signage requirements, curbs, gutters, sidewalks and streetlights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, and/or single use districts.
(d)
Application processing.
The process for the filing of an application, requirements for notice and advertisement of public meetings, procedures for protest of the establishment of PDD designation and other related actions shall be the same as those provided for in the rezoning process as described in this article. In addition to the PDD process being a rezoning process, the approval of the final site development plan for a PDD will substitute for the approval of the site development plan and the site development permits required by the village’s site development plan ordinance. However, the owner of land zoned as a PDD must comply with the provisions of the village’s subdivision ordinance, except for those provisions modified by this article, and must apply for and receive the necessary building permits prior to construction of improvements in a PDD.
(e)
Preliminary site development plan.
The request for rezoning to a PDD must be accompanied by a proposed preliminary site development plan. The preliminary site development plan is to enable the commission and council to understand the proposed PDD in sufficient detail to make an informed decision prior to rezoning the property. Its purpose is also to provide sufficient detail that the council can comply with the standard established by this article that the commission will recommend and the council will approve the final site development plan if it substantially conforms to the preliminary site development plan. A preliminary site development plan for the entire property within the PDD shall be considered by the commission and council prior to any recommendation to, or consideration by, the village council to rezone the property as a PDD. Approval of the preliminary site development plan is an integral part of the PDD approval process and the property will not be rezoned as a PDD unless the council at the same time approves the preliminary site development plan. An acceptable preliminary site development plan will contain the following information in enough detail that the commission and council are able to determine that the PDD complies with the standards established by this article prior to rezoning the property.
(1)
The name, address, and telephone number of the landowner and the developer;
(2)
The name of the proposed project;
(3)
The location of the proposed project;
(4)
The names and addresses of adjoining property owners within 500 feet of the proposed site;
(5)
A location map;
(6)
All existing streets, driveways, buildings, watercourses, floodplains, and significant environmental features;
(7)
The proposed location, type/use and size of the following:
(A)
Buildings and structures, except for single-family residential lots which need only show the location of such lots;
(B)
Streets, drives, and curbs, except that the exact locations need not be established in the preliminary PDD plan;
(C)
Off-street parking lots, except that the exact location need not be established in the preliminary PDD plan;
(D)
Sidewalks, landscaping, common/green space, other amenities, except that the exact locations need not be established in the preliminary PDD plan; and
(E)
How lighting to achieve “Dark Skies” standards will be handled conceptually;
(8)
Existing and proposed utilities;
(9)
Estimated percentage of impervious cover for the entire PDD, not to exceed 25%;
(10)
Proposed location of water quality facilities;
(11)
Average density of residential structures per one acre of residential land in the PDD, not to exceed an average of one structure per acre;
(12)
A PDD must include parkland and usable open space at a minimum rate of 0.02 acres per residential unit projected for the fully developed PDD;
(13)
Proposed building front yard setback lines, proposed side yard setback lines, proposed side yard setback lines, and proposed rear yard setback lines;
(14)
Minimum lot sizes and any landscape buffers;
(15)
Any other proposed departures or deviations from the village’s zoning and site development ordinances. Applicants are advised that under the non-point source pollution control ordinance, there is limited flexibility to modify development standards because the village is subject to the terms of an interlocal agreement with the LCRA concerning the enforcement of water quality standards.
(f)
Final site development plan.
The final site development plan will conform to the approved preliminary site development plan in all major aspects. Unless the PDD is to be developed in sections, the final site development plan will include the specific detail and information required by the village’s site development ordinance. If the PDD is to be developed in sections, the final site development plan must include the specific detail and information required by the village’s site development ordinance for the first section to be developed and must be amended for each additional section to be developed to include the specific detail and information required by the village’s site development ordinance prior to the development of that section. A final site development plan or an amended final site development plan must be approved by the village council prior to construction in a section being commenced.
(g)
Size and rules applicable to a PDD.
The village council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may zone any tract of land equal to or greater than fifty (50) acres as a PDD. Under a PDD, the following rules apply:
(1)
The approval of any proposed PDD or combination of uses proposed therein shall be subject to the discretion of the village council, and no such approval will be inferred or implied.
(2)
Permitted uses are those listed under the applicable district(s) for the land use for that tract of land in the PDD. In approving a PDD, additional uses may be permitted other than those listed and specific listed uses may be prohibited that are in the applicable district.
(3)
Conditional uses are those uses listed as conditional uses under the applicable districts. Those land uses in a PDD require the same conditional use permit required under other districts and is in addition to the grant of approval for the PDD.
(4)
In approving a planned development district, no standards required for a land use by the districts for the uses proposed may be modified unless the provisions of the PDD expressly permit such modifications, and in no case may standards be modified more than the maximum deviations authorized by this PDD district ordinance.
(5)
In approving a PDD, the village council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space, and screening.
(6)
The commission and village council, in approving modifications to standards and regulations, shall be guided by the purposes for the zoning provisions established for the land uses being proposed in the PDD and the general intent of this article.
(7)
All written and oral representations made in connection with the preliminary site development plan or final site development plan become conditions upon which the PDD is approved.
(8)
All regulatory standards contained in the village’s zoning and development ordinances for which a deviation or departure has not been approved in a preliminary or final site development plan are the regulatory standards applicable in the PDD.
(h)
Amendments.
Consideration of amendments to a planned development district will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions that are substantive shall require public hearings in the manner required for any other zoning change.
(i)
Expiration.
If development equal to at least twenty-five percent (25%) of the cost of installing streets, utilities and drainage in the PDD, or, if the PDD is approved to be developed in sections or phases, if development equal to at least fifty (50%) percent of the cost of installing streets, utilities and drainage in the first section or phase of the PDD has not occurred on a planned development tract or lot within five (5) years after the date of approval, such approval shall expire, and may only be renewed after application is made therefor, notice is given and public hearings are held by the commission and village council to evaluate the appropriateness of the previously authorized planned development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning.
(j)
Ordinance amendment.
Every PDD approved under the provisions of this article is considered an amendment of this article as to the property involved, and to the comprehensive plan. All PDDs will be referenced on the zoning district map, and a list of such planned development districts shall be maintained as an appendix to this article.
Editor’s note–The list of planned development districts is not printed herein.
(Ordinance 2016-O-173, sec. 30.125, adopted 11/15/16)