HomeMy WebLinkAboutAgenda UDCAC 02.08.2017Notice of Meeting for the
Unified Dev elopment Code Adv isory Committee
of the City of Georgetown
February 8, 2017 at 3:00 PM
at Historic Light and Water Works Building, 406 W. 8th Street, Georgetown, Texas
78626
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Regular Session
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B As of the d ead line, no persons were signed up to s peak on items other than what was posted on the
agenda.
Legislativ e Regular Agenda
C Co nsideration and possible actio n to approve the minutes fro m the January 11, 2017 Unified Development
Co d e Advis ory C o mmittee meeting.
D Review and d is cus s Chapter 5 land us e c harts . S o fia Nels o n, Planning Direc tor
E Dis cus s p arkland dedic ation requirements - Kimberly Garrett, Parks and R ec reatio n Direc tor and Valerie
Kreger, Princ ipal Planner
F Dis cus s single family residential and multi-family res id ential develo p ment s tand ard s - S o fia Nels o n,
Planning Direc tor.
Page 1 of 64
Adjournment
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2017, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 2 of 64
City of Georgetown, Texas
Unified Development Code Advisory Committee
February 8, 2017
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve the minutes from the January 11, 2017 Unified Develo p ment
Code Ad visory Committee meeting.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
ATTACHMENTS:
Description Type
Draft UDC Minutes _01.11.2017 Cover Memo
Page 3 of 64
UDC Advisory Committee 1
November 9, 2016
City of Georgetown, Texas
Unified Development Code Advisory Committee Meeting
Minutes
Wednesday, January 11, 2017 at 3:00 PM
Historic Light and Water Works Building,
406 W. 8th Street, Georgetown, Texas 78626
Committee Present: Philip Wanke, Vice-chair; Bruce Barton, Henry C. Boecker, John Philpott; Tim
Haynie, Tim Bargainer, Secretary.
Committee Member(s) Absent: P.J. Stevens, Chair
Staff Present: Sofia Nelson, Planning Director; Valerie Kreger, Principal Planner; and Tammy
Glanville, Recording Secretary.
Guests Present:
A. Call to Order at 3:00 p.m. by Vice Chair Wanke.
B. As of the deadline, no persons were signed up to speak on items other than what was posted on
the agenda.
C. Consideration and possible action to approve the minutes from the January October 12, 2016
Unified Development Code Advisory Committee meeting.
Motion by Committee Member Barton, to approve the minutes from the October 12, 2016
Unified Development Code Advisory Committee meeting. Second by Committee Member
Haynie. Approved 6 – 0 - 1 (P.J. Stevens absent)
D. Recap and update on 2016 work of the UDC Advisory Committee.
Sofia Nelson shared feedback from City Council and briefly reviewed the UDC Amendment
Priority List.
Valerie Kreger informed the Committee members that additional discussion is needed with our
legal department regarding the proposed Development Plat requirements. Therefore,
Development Plats are being pulled from the UDC amendment process at this time.
E. Overview and discussion regarding 2017 UDC Advisory Committee work plan.
Staff discussed the proposed 2017 work plan items which will include Parkland Dedication,
Residential Design Standards, as well as regulations pertaining to MUD’s, PUD’s, Multi-family
Development in the Flood Plain, Basic Land Use Chart and Traffic Impact Analysis.
Sofia asked the Committee what they found useful during this process. The Committee
responded they found useful seeing comps from other cities, red lines on draft and/or changes,
explaining why something needs to change, real world examples, and pictures.
Staff will email committee updated list of amendments.
Page 4 of 64
UDC Advisory Committee 2
November 9, 2016
Kelly Sadler with Texas Masonry Council introduced herself to the Committee and stated she is
available to answer any questions regarding masonry.
Adjourned at 3:45 p.m.
_____________________________________ __________________________________
P.J. Stevens, Chair Tim Bargainer, Secretary
Page 5 of 64
City of Georgetown, Texas
Unified Development Code Advisory Committee
February 8, 2017
SUBJECT:
Review and dis c us s Chap ter 5 land use charts . Sofia Nelson, Planning Direc to r
ITEM SUMMARY:
The 2016-2017 UDC Amendment List identifies the fo llo wing as priority 2 level amend ments :
Cons ider updating the lis t o f spec ific us es in C hapter 5 to includ e various us es that are not c urrently
lis ted.
Cons ider c hanges to the zo ning d is tric ts vario us s p ecific us es may b e permitted in.
Over time new us es are presented to s taff that are not s pec ifically addressed in the UDC. Additio nally, staff
is regularly pres ented with ques tions regarding the pos sibility o f allowing different us es in districts they are
not otherwis e allo wed. Examples inc lude the fo llo wing:
Allowing s tand -alo ne med ical o ffices in the Indus trial d is tric t;
Whether rec reational vehic les (RVs) s ho uld b e allowed as p rimary quarters in the Agriculture
d is tric t;
Rec o ns id er allowing "Co ntracto r Servic es Limited ", "Contrac tor Servic es General", and "Office
Wareho us e" Spec ific Uses in the C-3 zoning dis trict
Review the b y-right us e of fuel s tations in the C1 district
Review us es in bus iness p ark and indus trial zoning c atego ries
Review limited and S UP uses in the MUDT zoning district
The feed b ack s taff req uests on this item is as follows :
Please s hare c o nc erns, ways to imp rove, o r ques tions yo u have experienc ed o r heard regard ing how
uses are p ermitted .
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Sofia Nelson, C NU-A, P lanning Directo r
ATTACHMENTS:
Description Type
Chapter 5 land us e Backup Material
Page 6 of 64
Page 1
Chapter 5 - ZONING USE REGULATIONS
SECTION 5.01. - ZONING USES
Sec. 5.01.010. - General.
A. Authority.
The provisions of this chapter are adopted pursuant to Texas Local Government Code ch. 211 and
the City Charter.
B. Compliance with Code of Ordinances.
There are various sections of the City of Georgetown Code of Ordinances and other City regulations
that may also apply or be relevant to a proposed use. Following are references to particular sections
of the City Code of Ordinances that may be related to a particular use:
• Title 6 Business License and Regulations: Chapters 6.04 Carnivals, Circuses, and Other
Exhibitions; 6.16 Peddlers and Solicitors; 6.20 Taxicabs, Buses, and Other Vehicles For Hire; 6.30
Sexually Oriented Business; 6.40 Alcoholic Beverages; 6.50 Itinerant Merchants.
• Title 7 Animals.
• Title 8 Health and Safety: Chapters 8.12 Food Sanitation; 8.16 Noise Control; 8.20 Nuisances.
• Title 10 Vehicles and Traffic: Chapter 10.16 Parking.
• Title 12 Streets, Sidewalks, and Public Places: Chapters 12.05 Valet parking; 12.12 Advertising
signs and banners; 12.24 Events and celebrations; 12.36 Georgetown Airport zoning.
Sec. 5.01.020. - Zoning Use Classifications.
A. Use Categories.
A primary use is assigned to the Use Category that most closely corresponds to its nature as described
in the characteristics of each Use Category. Use Categories classify land uses and activities based on
similar functional, product or physical characteristics. Characteristics include the type and amount of
activity, the type of customers or residents, how goods or services are sold or delivered, likely impact
on surrounding properties, and site conditions.
B. Use Tables.
A Use Table is contained within each of the Use Categories detailed in this chapter, which depict the
specific zoning uses allowed by zoning district. Each section represents a Use Category, for example
"Residential Uses," that contains specific listed uses and their corresponding zoning districts. All of the
uses listed in the Use Tables found in this chapter are defined in Chapter 16. Below is a key to each
of the Use Tables and indicate how each use is treated by district.
1. Uses Permitted By Right.
A "P" indicates that a use is allowed by right. Such uses are subject to all other applicable
regulations of this Code and the City Code of Ordinances.
2. Uses with Limitations.
An "L" indicates that a use is permitted, provided that it meets additional standards referenced in
the far right "Note" column of each Use Table. These standards can be found in the limitations
section following each use table. Such uses are subject to all other applicable regulations of this
Code and the City Code of Ordinances.
Page 7 of 64
Page 2
3. Uses with Special Use Permit.
An "S" indicates that a use is allowed only if granted a Special Use Permit by the City Council in
accordance with the procedures in Section 3.07. Uses that require a Special Use Permit are
required to meet all other applicable regulations of this Code and the City Code of Ordinances,
including the additional standards contained in the limitation section of each use category.
4. Uses Not Allowed.
A cell with the symbol "—" or left blank indicates that a use is not allowed.
C. Multiple Primary Uses.
Multiple primary uses on one lot shall be allowed only if each individual use is allowed in the underlying
District. Limitations or Special Use Permits required of any of the primary uses shall be met. In the
event of a conflict between such limitations, the stricter provision shall apply.
D. Specific Use Names.
The names of the specific uses listed in each Use Table are defined in Chapter 16 of this Code and
have no other meaning than that given by the definition. A specific use or classification of such a use
is not determined based on how a user or prospective user may refer to the use, but rather what the
definitions determine the use to be. For example, someone may refer to the dwelling that he or she
owns as a "townhouse" when in fact it may be defined by this Code as an "attached single-family"
dwelling.
E. Accessory Uses.
1. Accessory uses are those activities that are incidental and subordinate to a primary use, but are
customarily associated with the particular primary use. The following are two examples of primary
uses and some of their possible accessory uses:
a. A high school may typically include, but may not be limited to, accessory uses such as a
cafeteria, library, maintenance facility, meeting rooms, auditorium, laboratories, indoor
recreation courts, outdoor recreational fields, and concession stands.
b. A large office building may include, but may not be limited to, a restaurant, copy shop,
helicopter landing facility, kitchen or food preparation area, meeting facilities, technical
libraries or amenities for employees like a day care center, heath facility, cafeteria or a small
retail operation.
2. An accessory use may be determined to be an allowed accessory use to a primary use if:
a. It is listed as an accessory use to the primary use in the definition of such primary use in
Chapter 16 of this Code; or
b. It is determined to be customarily associated with the primary use. The Director shall have
the authority to determine if an accessory use is customarily associated with a primary use
following the criteria in Subsection 5.01.030.B.
3. An allowed accessory use shall be consistent with the following:
a. The accessory use shall be subordinate to and serve a primary use;
b. The accessory use shall be subordinate in area, extent, and purpose to the primary use;
c. The accessory use shall be subject to the same regulations as the primary use;
d. The accessory use shall have to be a permitted use within the same zoning district as the
primary use. In addition, if an accessory use is subject to limitations as a primary use then
those same limitations shall apply to the accessory use; and
e. The accessory use shall not be a commercial venture, except as allowed as a home
occupation, per Subsection 5.02.020.E.
Page 8 of 64
Page 3
Sec. 5.01.030. - Determination of Unlisted Uses.
A. Determination of the appropriate district for a use not listed in the Use Tables shall be made by the
Director in accordance with the provisions of Subsection B. below. When considering appropriate
Districts for a use not listed in the Use Tables, the District Purpose Statements in Section 4.04, the
descriptive characteristics of each use category, and definitions of similar uses shall be taken into
consideration. The Director may make a determination, based on these considerations, that such a
use be allowed by right; be required to meet specific limitations and additional standards; be required
to receive a Special Use Permit from the City Council; or not be allowed in a particular District, therefore
requiring approval of a Text Amendment to this Code for any allowance.
B. The following criteria shall be used to determine 1) the appropriate use for an activity not specifically
listed in the Use Tables, and 2) whether a use is considered primary or accessory.
1. The definitions of similar primary uses;
2. The definitions of the use categories that include similar uses;
3. The actual or projected characteristics of the activity in relationship to the stated characteristics;
4. The relative amount of site area or floor space and equipment devoted to the activity;
5. Relative amounts of sales from each activity;
6. The type of customer for each activity;
7. The relative number of employees in each activity;
8. Hours of operation;
9. Building and site arrangement;
10. Vehicles used and their parking requirements;
11. The relative number of vehicle trips generated;
12. Typical number of daily deliveries;
13. Noise levels generated;
14. Lighting required for the activity;
15. The likely impact on surrounding properties; and
16. Whether the activity is likely to be found independent of the other activities on the site.
C. The Director's determination shall be made public on the City's website for 30 days following the
decision and shall be considered final if no appeal is filed during that timeframe.
D. Appeal of Unlisted Use Determination. The Zoning Board of Adjustment may hear and decide an
appeal that alleges error in a determination made by the Director in the enforcement of Section
5.01.030.A. of this Code. In exercising its authority under this subsection, the Board may reverse or
affirm, in whole or in part or modify the Director's determination and make the correct determination,
and for that purpose the Board has the same authority as the Director. The appeal will be pursuant to
Section 3.14 of this Code.
SECTION 5.02. - RESIDENTIAL USES
The residential use section contains uses for residential dwellings and related accessory uses. These uses
include Single-family and Multi-family residential structures and also accommodate groups of people that
may exceed the definition of household.
Sec. 5.02.010. - Residential Uses Allowed by District.
Page 9 of 64
Page 4
The following use table presents the residential uses that are allowed in each zoning district, in accordance
with the standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section
5.02.020. The 'Notes' column of the table contains direction on the specific limitation of the particular use.
Table 5.02.010: Residential Uses
Specific Use A
G
R
E
R
L
R
S
T
F
T
H
MF
1
MF
2
M
H
C
N
C
1
C
3
O
F
B
P
I
N
P
F
MUD
T MU Note
s
Household Living
Single-family,
Detached P P P P P — — — — — — — — — — — P
See
Sectio
n 4.11
Single-family,
Attached — — — L P P — — — — — — — — — — — A
Two-family — — — — P — — — — — — — — — — —
Townhouse — — — — — P — — — — — — — — — S
Multifamily,
Detached
Dwelling
Units
— — — — — — P — — — — — — — — — —
Multifamily,
Attached
Dwelling
Units
— — — — — — P P — — S S — S — — S E
Manufacture
d Housing — — — — — — — — P — — — — — — — —
Manufacture
d Housing
Park
— — — — — — — — P — — — — — — — —
Accessory
Dwelling Unit S S S S — — — — — — — — — — — — S B
Page 10 of 64
Page 5
Second
Dwelling Unit L — — — — — — — — — — — — — — — — C
Upper-story
Residential — — — — — — — — — L L L L L — — L D
Home-Based
Business L L L L L L L L L L L L L — — L F
Group Living
Group Home
(6 residents
or less)
P P P P P P — — — — — — — — — P
Group Home
(7 to 15
residents)
— — — — — — P P — P P — — — — — S
Group Home
(16 residents
or more)
— — — — — — S S — P P — — — — S —
Assisted
Living — — — — — — S P — P P P — — — — S
Nursing or
Convalescent
Home
— — — — — — S P — P P P — — — — —
Hospice
Facility S S S S S S S P — P P P — — — — S
Orphanage P — — — — — S P — — — — — — — S —
Student
Housing — — — — — — S S — — S — — — — — —
Page 11 of 64
Page 6
Rooming or
Boarding
House
— — — S — — P P — — P — — — — — S
Halfway
House S S S S S S S S S — — — — — — — —
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.02.020. - Residential Use Limitations.
All residential uses shall meet any applicable provisions of the City of Georgetown Code of Ordinances, in
addition to the following limitations:
A. Single-Family, Attached.
An Attached Single-family dwelling is permitted in accordance with Table 5.02.010 and subject to
the following standards and limitations:
1. Both dwelling units shall be situated on separate legally platted lots.
2. Attached single-family dwellings are not allowed in the Old Town Overlay District
(established in Section 4.08).
B. Accessory Dwelling Unit.
An accessory dwelling unit is permitted in accordance with Table 5.02.010 and subject to the
following standards and limitations:
1. An accessory dwelling unit is permitted as a subordinate use, provided that it is limited to 25
percent (25%) of the primary dwelling unit.
2. An accessory dwelling unit is permitted in the AG, Agriculture, RE, Residential Estate, RL,
Residential Low Density, RS, Residential Single-family, and MU-DT, Mixed-Use Downtown
Districts with the approval of a Special Use Permit pursuant to Section 3.07.
3. A minimum of three parking spaces shall be available on-site providing the minimum two
spaces required for the primary residence with one additional parking space provided for the
accessory dwelling unit.
4. The accessory dwelling unit must remain on the same electric and water meters as the
primary residence.
5. Rental of an accessory dwelling unit should be limited to owner occupied properties.
6. An accessory dwelling unit may be permitted by right as part of a Housing Diversity
Development, as detailed in Section 6.08.020.
7. Accessory structures that do not contain a kitchen, such as guest houses or pool houses,
are permitted without a Special Use Permit.
C. Second Dwelling Unit.
Within the AG, Agriculture District, in accordance with Table 5.02.010, one additional primary
dwelling unit may be constructed upon a lot or parcel for every 30 acres or portion thereof (i.e.,
Page 12 of 64
Page 7
one dwelling unit allowed for 30 acres or less, two dwelling units allowed for 31 acres or more,
three dwelling units allowed for 61 acres or more, etc.). The additional dwelling unit(s) is limited
to use by an agricultural employee, a caretaker, family members, or guests of the property owner
and must comply with all setback and design standards of the AG District.
D. Upper-Story Residential.
Upper-story residential dwellings are permitted in accordance with Table 5.02.010 and subject to
the following standards and limitations:
1. The first floor shall not include the living space of any residential dwelling.
2. Separate designated parking spaces for the residential dwellings are required pursuant to
Section 9.02.
3. Upper-story residential dwellings in the CN, OF, and BP Districts shall meet the following
provisions in addition to Subsections 1. and 2., above:
a. The residential dwelling shall be secondary to the primary use.
b. The gross floor area of the entire building shall not include more than 50 percent (50%)
residential uses.
E. Multifamily, Attached Dwelling Units.
1. Attached multifamily dwelling units are permitted in accordance with Table 5.02.010.
2. A Special Use Permit, pursuant to Section 3.07, is required for attached multifamily dwelling
units as designated in Table 5.02.010 and is subject to the following conditions:
a. The location and context of the attached multifamily development shall be secondary
and supportive to established surrounding commercial uses, helping to facilitate an
active, pedestrian friendly environment where the mixture of uses enables people to
live, work, play, and shop.
b. Impervious coverage for attached multifamily developments in a C-1, C-3 or BP district
shall be limited to fifty percent (50%).
c. Front setbacks shall be in conformance with the front setback of the district in which the
attached multifamily development is proposed. Side and rear setbacks for attached
multifamily developments in a C-1, C-3 or BP district shall be 15 feet, except where
located adjacent to a residential zoning district the side and rear setbacks shall increase
to 30 feet.
d. Building height shall be in conformance with the building height of the district in which
the attached multifamily development is proposed.
e. A minimum building separation of 15 feet shall be provided between all buildings on the
site.
f. Attached multifamily development in all districts must also meet the building design
standards of Section 7.04, the lighting design standards of Section 7.05, and the non-
residential landscape requirements of Section 8.04.
g. Attached multifamily development in all districts must also meet the common amenity
area requirements of Section 6.06.020 and the parkland dedication requirements of
Section 13.05.
h. Multifamily development existing prior to May 27, 2014, or depicted on a Site Plan
approved prior to May 27, 2014, shall be exempt from the requirements of the limitations
of this Section, except that any expansion to that development shall require Special Use
Permit approval in accordance with this Section.
Page 13 of 64
Page 8
3. In addition to the requirements of Section 5.02.020.E.2, when reviewing the conceptual site
layout required per Section 3.07, the City Council may consider and add conditions provided
the requirements of the zoning district are not exceeded, to the Special Use Permit, including
but not limited to the following:
a. Location of the development;
b. Amount of lot frontage along a commercial corridor;
c. Dwelling units per acre (maximum 24);
d. Maximum building heights;
e. Dwelling units per structure;
f. Type and number of amenities;
g. Accessory structures;
h. Ingress and egress locations; and
i. Landscape buffers.
F. Home-Based Business.
Home-Based Businesses are permitted in accordance with Table 5.02.010 and subject to the
standards and limitations:
1. General.
a. A Home-Based Business is that accessory use of a premise that shall constitute all or
some portion of the livelihood of a person or persons living in the dwelling.
b. The home-based business shall be clearly incidental to the residential use of the
dwelling and shall not change the essential residential character of the dwelling or
neighborhood or adversely affect the uses permitted in the District of which it is a part.
c. Land uses that are addressed individually in the use chart of this chapter are not
considered a home-based business for purposes of this section. Examples of those
uses are: Group Homes, Family Day Cares, Bed and Breakfast, and Garage Sales.
2. Home-Based Business Types.
Home-Based Businesses are permitted subject to the business meeting the following
provisions. These provisions are applicable to on-site activities related to the Home-Based
Business.
a. The Home-Based Business shall be conducted entirely within a dwelling or accessory
structure or integral part thereof, and have no outside storage of any kind related to the
business;
b. The Home-Based Business shall be clearly incidental and secondary to the primary use
of the premise;
c. The Home-Based Business shall be conducted only by persons residing on the
premises (nonresident employees are not permitted);
d. The Home-Based Business shall not affect the residential character of the dwelling or
accessory structure nor cause the dwelling or accessory structure to be extended;
e. No signage shall be allowed in connection with the Home-Based Business;
f. Deliveries by commercial vehicle are limited to the hours of 8:00 a.m. to 6:00 p.m.;
however, deliveries by a regular carrier such as USPS, UPS, and FedEx may be
delivered during their typical hours;
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Page 9
g. The Home-Based Business shall create no disturbing or offensive noise, vibration,
smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking
problem;
h. On-street parking utilized by the business shall only be allowed along the property line
of the Home-Based Business residence and as allowed by current City Code. Off-street
parking is limited to existing paved areas and the business shall not result in the
increase of on-site parking areas;
i. The Home-Based Business shall involve no on-site services. However, if the activity is
kept at a small scale (meaning generally one or two people conducting the business or
meeting with clients) and the business remains compliant with the limitations of this
chapter, the following shall not be considered services:
i. Individual academic, music, dance, photography, art, hobby, or similar instruction
or studio;
ii. Seamstress or tailor;
iii. Barber or beauty salon (one chair);
iv. Financial/investment counseling, accounting, bookkeeping, real estate office or
similar office;
v. Individual massage, natural therapy, or similar services;
vi. Counseling in an office setting; and
vii. Other similar low impact uses as determined by the Director.
j. The Home-Based Business shall not have a retail store-front. Retail sales are limited
to:
i. Incidental sales of merchandise related to a service provided by the Home-Based
Business;
ii. Direct sales product distribution (Amway, Tupperware, Avon, etc.);
iii. Sales via phone, internet, or mail; and
iv. Custom products created by the business.
k. The business shall be conducted by appointment or prearrangement only with no drop-
in customers of any kind allowed; and
l. There shall be a clearly visible street address posted or displayed on the premises.
3. Home-Based Business Enforcement.
If Code Enforcement receives a complaint regarding a Home-Based Business, it shall be the
responsibility of the operator of the business to demonstrate compliance with the above
stated limitations and this Code.
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014; Ord. No. 2016-17, § 2(Exh. A), 3-8-2016)
Sec. 5.02.030. - Accessory Uses.
A. Examples of Residential Accessory Uses.
1. Uses in this list that are identified with a corresponding number (below) may be subject to
additional standards detailed in Subsection 5.02.030.B.
2. Examples of residential accessory uses include gardening, hobbies, raising of pets, recreational
activities, home occupations (1), family home day care (2), garage sales (3), and motor vehicle
sales (4).
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Page 10
B. Supplementary Standards for Residential Accessory Uses.
1. Home-Based Business (standards found in Section 5.02.020.E.).
2. Family Home Day Care (standards found in Section 5.03.020.B.).
3. Garage Sales.
a. The number of garage sales on a property shall not exceed 12 per calendar year.
b. No garage sale shall extend for any period of time exceeding three consecutive days.
c. The owner or tenant of the property where the garage sale is held must be the legal owner
of the merchandise for sale at the time of such sale or must have the right to dispose of the
property.
d. Items for sale shall be confined to the garage, carport, porch, patio, driveway or yard on the
premises of the seller's dwelling.
e. No merchandise acquired solely for the purpose of resale shall be sold.
4. Sale of Motor Vehicle.
On a single-family residential lot, the parking of a motor vehicle that bears a sign advertising the
vehicle for sale may be permitted, provided that:
a. The vehicle is owned by or registered to an owner or occupant of the property;
b. The vehicle is parked on an improved parking surface;
c. The vehicle is not being sold in connection with an automobile sales business;
d. No more than one vehicle is parked on the lot for purposes of display and sale at any one
time; and
e. No more than two vehicles are parked on the lot for purposes of display and sale within a
12- month period.
SECTION 5.03. - CIVIC USES
The Civic Uses Section addresses institutions that provide community services to or for the general public.
Civic uses are typically found in non-residential zoning districts but may be allowed in residential districts,
often with limitations or Special Use Permits. These uses are generally public or non-profit but also include
for-profit entities that provide a service to the general public. Civic uses include, but are not limited to,
facilities for education, day care, government, social services, institutions, places of worship, and parks and
open spaces.
Sec. 5.03.010. - Civic Uses Allowed by District.
The following Use Table presents the civic uses that are allowed in each zoning district, in accordance with
the standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section
5.03.020. The 'Notes' column of the use table contains direction on the specific limitation of the particular
use.
Table 5.03.010: Civic Uses
Specific Use AG RE RL RS TF TH MF1 MF2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
Educational and Day Care Facilities
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School,
Elementary L L L L L L L L — L L L — — — L — A
School,
Middle L S S S S S S S — L L L — — — L — A
School, High L — — — — — — — — — L L — — — L — A
School,
College or
University
L — — — — — — — — — L L — — — L S A
School,
Boarding L — — — — — — — — — — — — — — L — A
School,
Business or
Trade
L — — — — — — — — — L L L L L L S A
Day Care,
Family Home L L L L L L L L L — — — — — — — L B
Day Care,
Group S S S S S S L L L L L L L L — — L B
Day Care,
Commercial — — — — — — L L — L L L L L — — S B
Government and Community Facilities
Activity
Center, Youth
or Senior
S S S S S S S S — L L L — — — L S A
Animal
Shelter L — — — — — — — — — — — — — L L — A,
C
Community
Center — — — S — — — — — S L L — — — L S A
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Correctional
Facility S — — — — — — — — — — S — — S S S
Emergency
Services
Station
S S S S S S S S — P P P P P P P P A
Government
or Postal
Office
— — — — — — — — — P P P P P P P P
Library or
Museum — — — — — — — — — P P P P — — P P
Social Service
Facility — — — — — — — — — — P P P — — P S
Medical and Institutional Facilities
Hospital — — — — — — — — — — P P — — S P S
Hospital,
Psychiatric — — — — — — — — — — — S — — S S S
Substance
Abuse
Treatment
Facility
— — — — — — — — — — — S — — S S —
Blood or
Plasma Center — — — — — — — — — — P P — — — — S
Places of Worship
Religious
Assembly
Facilities
L L L L L L L L — L L L L L — L L A
Religious
Assembly
L L L L L L L L — L L L L L — L L A,
D
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Facilities with
Columbaria
Parks and Open Spaces
Nature
Preserve or
Community
Garden
P L L L L L L L — P P P P P P P P A
Neighborhood
Amenity,
Activity, or
Recreation
Center
L L L L L L L L L — L L — — — — — A
Public Park,
Neighborhood L L L L L L L L L L L L L L L L L A
Public Park,
Regional L — — — — — — — — L L — — — L — A
Golf Course L L L L L L L L — — — — — — — L — A
Cemetery,
Columbaria,
Mausoleum
or Memorial
Park
S — — S — — — — — — — S — — S S — A
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.03.020. - Civic Use Limitations.
All civic uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the following
limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section
5.09.
A. All Civic Uses.
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All Civic Uses, except Day Care, shall meet the following provisions, where applicable per Table
5.03.010. Uses that require a Special Use Permit, in accordance with Table 5.03.010, shall meet
the following criteria in addition to securing said permit.
1. Any outdoor recreational playing field shall be set back 50 feet from any property line.
2. The principal vehicular entrance and exit shall be located on a collector-level street or higher.
B. Day Care.
Day care facilities are permitted in accordance with Table 5.03.010 and subject to the following
standards and limitations:
1. All day care facilities shall be licensed by the State and meet the minimum requirements for
such facilities.
2. Outdoor play or instruction areas, playground equipment, and pools shall be located in the
side or rear yards and screened from adjacent property by an opaque fence no less than six
feet in height.
3. Day care facilities in residential zoning districts may only operate between the hours of 6:00
a.m. and 7:00 p.m. Day care facilities in CN and OF zoning districts may only operate
between the hours of 6:00 a.m. and 10:00 p.m. Hours of operation are not limited for day
care facilities in other Non-Residential Zoning Districts.
4. A family home day care shall employ only residents of the premises, including all paid and
unpaid care providers.
5. A family home day care is allowed only one non-illuminated identification sign, provided the
sign is mounted on the exterior wall of the dwelling and has an area no greater than two
square feet.
C. Animal Shelter.
An animal shelter is permitted in accordance with Table 5.03.010 and limited to a required
separation of at least 300 feet from the shelter to a residential structure that is located on any
property in separate ownership.
D. Religious Assembly Facilities with Columbaria.
A columbaria, consistent with the definition of Texas Health and Safety Code § 711.008(b)(2), is
permitted in accordance with Use Table in 5.03.010 as an accessory use, subordinate and
incidental to, a Religious Assembly Facility, subject to the following standards and limitations.
1. A columbaria located within a separate structure that provides adequate screening from
adjacent properties shall be subject to the development standards of the zoning district.
2. A columbaria located outdoors shall be subject to the following standards:
a. The columbaria shall be set back a minimum of 25 feet from the property line.
b. The columbaria shall not exceed eight feet in height.
c. Landscaping shall be provided at a ratio of two square feet of landscaping for each
square foot of columbaria area, in addition to the minimum requirements of Chapter 8
of this Code. Said landscaping shall be incorporated into the overall design and
placement of the columbaria.
3. The establishment of a columbaria shall be subject to Site Plan review pursuant to Section
3.09 of this Code.
4. The name, address, and telephone number of the individual, owner, board of trustees, or
designated caretaker responsible for the maintenance of the columbaria shall be kept on
record in the office of the Religious Assembly Facility.
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5. Upon discontinuance of the Religious Assembly Facility, the columbaria shall be relocated
in compliance with all applicable State laws.
SECTION 5.04. - COMMERCIAL USES
The Commercial Uses Section outlines commercial and retail businesses that facilitate the buying and
selling of manufactured goods or provide consumer and professional sales and services. These uses
include, but are not limited to, overnight accommodations, establishments for food and beverage
preparation and consumption, entertainment or recreation-oriented activities, out-patient or home-care
health and medical services, and professional and business offices. The category also encompasses retail
sales and service uses for personal improvement; self-storage; heavy commercial and wholesale sales and
services; and automobile sales, repair, and service.
Sec. 5.04.010. - Commercial Uses Allowed by District.
The following use table presents the commercial uses that are allowed in each zoning district, in accordance
with all standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section
5.04.020. The 'Notes' column of the use table contains direction on the specific limitation of the particular
use.
Table 5.04.010: Commercial Uses
Specific Use A
G
R
E
R
L
R
S
T
F
T
H
MF
1
MF
2
M
H
C
N
C
1
C
3
O
F
B
P
I
N
P
F
MUD
T
M
U
Note
s
Overnight Accommodations
Bed and
Breakfast S S S S S S S S — L L — — — — — L B
Bed and
Breakfast with
Events
S S S S S S S S — L L — — — — — L B, C
Inn S — — — — — — — — S P P — — — — P
Hotel, Boutique — — — — — — — — — — P P S S — — S
Hotel, Full
Service — — — — — — — — — — P P — L — — S D
Hotel, Limited
Service — — — — — — — — — — P P — L — — — D
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Hotel, Extended
Stay — — — — — — — — — — — P — L — — — D
Motel — — — — — — — — — — — P — — — — —
Campground or
RV Park S — — — — — — — — — — — — — — — —
Food and Beverage Establishments
Restaurant,
General — — — — — — — — — L L P L L — L P E, A
Restaurant,
Drive-through — — — — — — — — — S L P — L — — S E, A
Bar, Tavern or
Pub — — — — — — — — — S L L — — — — S F, A
Micro Brewery
or Micro Winery — — — — — — — — — L L L — — — — L G, A
Food Catering
Services — — — — — — — — — L L P — P P — P
Entertainment and Recreation
Live Music or
Entertainment — — — — — — — — — — L L — — — — L H
Dance Hall or
Nightclub — — — — — — — — — — L L — — — — S F, A
Theater, Movie
or Live — — — — — — — — — — L P — — — — S I
Membership
Club or Lodge — — — — — — — — — — L P — — — — S A
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Sexually
Oriented
Business
— — — — — — — — — — — — — — S — —
Major Event
Entertainment S — — — — — — — — — — S — — S S —
Athletic Facility,
Indoor or
Outdoor
— — — — — — — — — — — L — — P L — J
Commercial
Recreation — — — — — — — — — — L L — — — — S J, A
Driving Range L — — — — — — — — — — L — — P — — J
Firing Range,
Indoor S — — — — — — — — — — S — — S — —
Firing Range,
Outdoor S — — — — — — — — — — — — — — — —
Health Services
Home Health
Care Services — — — — — — — — — L L P P P — — P K, A
Medical or
Dental Office — — — — — — — — — L L P P — — — P K, A
Medical or
Dental Clinic — — — — — — — — — — L P P — — — S K, A
Urgent Care
Facility — — — — — — — — — — L P — — — — S K, A
Professional and Business Offices
General Office — — — S — — — — — L L P P P P — L K, A
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Integrated Office
Center — — — — — — — — — — L P S P P — L K, A
Data Center — — — — — — — — — — — L L P P — — L
Consumer Retail Sales and Services
General Retail — — — — — — — — — L L P — L — — L M,
A
Agricultural
Sales P — — — — — — — — — L P — — — — — A
Landscape
Supply
Sales/Garden
Center
P — — — — — — — — — L P — — — — — A
Farmer's Market P — — — — — — — — L L P — — — — P A
Flea Market S — — — — — — — — — — S — — — — —
Artisan Studio
and Gallery P — — — — — — — — — L P — — P — P A
Personal
Services — — — — — — — — — L L P P L — — P N,
A
Personal
Services,
Restricted
— — — — — — — — — — S P — — — — S
Dry Cleaning
Service, Drop-off
Only
— — — — — — — — — L L P P L — — P N,
A
Laundromat — — — — — — — — — L L P — — — — P N,
A
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Printing, Mailing
and
Reproduction
Services
— — — — — — — — — L L P P L — — P N,
A
Fitness Center — — — — — — — — — L L P — L — — S O, A
Banking and
Financial
Services
— — — — — — — — — — L P P — — — P A
Consumer
Repair — — — — — — — — — L L P — — — — P A
Small Engine
Repair — — — — — — — — — — — P — P P — —
Funeral Home — — — — — — — — — — L P — — — — — A
Kennel L — — — — — — — — — — L — — L — — P
Veterinary Clinic,
Indoor Pens
Only
P — — — — — — — — — L P — — — — P A
Veterinary Clinic,
Indoor or
Outdoor Pens
P — — — — — — — — — — — — — — — —
Self Storage,
Indoor — — — — — — — — — — — L — — P — — Q
Self Storage,
Outdoor — — — — — — — — — — — L — — L — — Q
Commercial Sales and Services
Commercial
Document
Storage
— — — — — — — — — — — — P P P — —
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Event Catering
and Equipment
Rental Services
— — — — — — — — — — — P — P P — —
Furniture Repair
and Upholstery — — — — — — — — — — — — — P P — —
Heavy
Equipment Sales
and Repair
— — — — — — — — — — — — — — P — —
Pest Control or
Janitorial
Services
— — — — — — — — — — L L — — P — — R,A
Office/Showroo
m — — — — — — — — — — — — — P P — —
Wholesale
Showrooms — — — — — — — — — — — — — P P — —
Greenhouse,
Wholesale P — — — — — — — — — — — — — — — —
Stone, Mulch or
Dirt Sales Yards P — — — — — — — — — — — — — P — —
Manufactured
Housing Sales — — — — — — — — — — — S — — P — —
Automotive Sales and Services
Automobile
Sales, Rental or
Leasing Facility
— — — — — — — — — — — S — — P — — S
Automobile
Parts and
Accessories
Sales, Indoor
— — — — — — — — — — L P — — — — — A
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Automobile
Parts and
Accessories
Sales, Outdoor
— — — — — — — — — — — S — — P — —
Automobile
Repair and
Service, Limited
— — — — — — — — — — — P — — P — —
Automobile
Repair and
Service, General
— — — — — — — — — — — S — — P — — T
Fuel Sales — — — — — — — — — — L P — S P — — U
Car Wash — — — — — — — — — — L P — S P — — V
Recreational
Vehicle Sales,
Rental or Service
— — — — — — — — — — — S — — P — —
Towing Services
and Impound
Lots
— — — — — — — — — — — — — — P — —
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.04.020. - Commercial Use Limitations.
All commercial uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the
following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance
with Section 5.09.
A. Building Size Limitation.
Commercial, retail, service, and office buildings are limited to the following maximum building
size:
1. In the CN District, the maximum building size shall be 5,000 square feet.
2. In the C-1 District, the maximum building size shall be 25,000 square feet.
B. Bed and Breakfast.
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A Bed and Breakfast establishment is permitted in accordance with Table 5.04.010 and subject
to the following standards and limitations:
1. All Districts.
a. No more than eight guestrooms per property shall be allowed, and if more than one
building is located on a Bed and Breakfast property, no more than six guestrooms shall
be allowed in any one building.
b. No food preparation, except beverages, is allowed within individual guestrooms. No
stove, range, hot plate, toaster oven, or microwave shall be allowed in any guestrooms;
however, a small microwave is permitted in outbuilding guest rooms.
c. Preparation and service of food shall conform to all applicable regulations of the State
of Texas and Williamson County.
d. The owner shall keep a current guest register including names, contact information, and
dates of occupancy for all guests.
e. On-site parking (except driveways) shall not be located in the front yard and shall be
screened from the view of adjacent residences to a height of six feet by a solid screening
fence or dense shrubs and vegetation. Temporary fences shall not be permitted.
f. Guestroom rentals shall not be allowed for more than 15 consecutive days.
2. Residential Districts.
Bed and Breakfast Establishments in any residential district shall be subject to all of the
standards and limitations of Subsection B.1. above. In addition, a Special Use Permit,
pursuant to Section 3.07, is required for a Bed and Breakfast establishment in any
designated residential district and is subject to the following conditions:
a. The operator of the Bed and Breakfast must be a full-time resident of the main dwelling
on the property in which the Bed and Breakfast establishment is located.
b. Signage shall be restricted to one sign attached to the wall of the main dwelling that is
a maximum of 12 square feet and one monument sign no larger than six square feet.
However, the total signage on the site shall not exceed 15 square feet. No additional
advertising of any kind is allowed on site.
c. Carriage houses, garage apartments, secondary free-standing houses, or similar
dwellings that contain a full service kitchen and are proposed to be used for Bed and
Breakfast operations shall remove the food preparation facilities prior to
commencement of operation as a Bed and Breakfast.
C. Bed and Breakfast with Events.
A Bed and Breakfast with events is permitted in accordance with the Use Table in Section
5.04.010 and subject to the standards and limitations noted below. A Bed and Breakfast with
Events applies only to properties on which a Bed and Breakfast is located and events (such as
parties, receptions, fund raisers, and other similar functions) are held. The event shall be a
subordinate use to a Bed and Breakfast and shall not include an event center, meeting facility, or
other form of entertainment operation.
1. All Districts.
a. All provisions of Subsection B., above, shall also apply to Bed and Breakfasts with
Events.
b. The following additional conditions and limitations shall apply to Bed and Breakfasts
with Events in all permitted Districts:
i. The Bed and Breakfast owner shall attend all events held on the property.
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ii. The event hours, including set up and take down, shall be limited to the following:
• Sunday through Thursday, 9:00 a.m. to 9:00 p.m.
• Friday and Saturday (and Sunday if it is a holida y weekend), 9:00 a.m. to 11:00
p.m.
iii. Outdoor event areas shall not be located in the front yard and shall be screened
from the view of adjacent properties to a height of six feet by a solid screening
fence or dense shrubs and vegetation. Temporary fencing is not permitted.
2. Residential Districts.
Special Use Permit for Bed and Breakfast with Events shall be required in all residential
districts pursuant to Section 3.07, subject to Subsections B. and C.1., above, in addition to
the following standards and limitations:
a. The Special Use Permit application for a Bed and Breakfast with Events shall include a
description of the proposed operation; the maximum number of events per year, month,
and week; the approximate number of attendees per event; hours of events and
duration; location of the events (indoor or outdoor); parking plans; security measures;
traffic control plans; and sanitation provisions.
b. The City Council may add other conditions or limitations to the permit as it deems
necessary in order to manage the scale and scope of the proposed events, minimize
the negative impacts of the event(s) on the neighboring property owners, and protect
the public health, safety, and welfare.
D. Hotel, Full Service, Limited Service and Extended Stay.
Full Service and Extended Stay Hotel establishments are permitted in accordance with Table
5.04.010, provided that the hotels are located in a business park that is 50 acres or greater.
E. Restaurant.
A restaurant is permitted in accordance with Table 5.04.010 and subject to the following standards
and limitations:
1. Restaurants in the CN District are subject to the following:
a. The gross floor area shall not exceed 2,500 square feet.
b. A drive-thru restaurant shall require approval of a Special Use Permit.
2. Restaurants permitted in the OF and BP Districts are subject to the following:
a. The gross floor area shall not exceed 2,500 square feet.
b. The eating establishment shall clearly be secondary and supportive to the primary use.
c. The eating establishment shall not be located in a building which contains no other
uses; however, in the BP District, a Special Use Permit may be considered if it is
determined that a free standing restaurant would be beneficial to a planned business
park development.
d. A drive-thru restaurant is permitted in the BP District, subject to the limitations in
Subsections a. through c. above.
F. Bar, Tavern or Pub, Dance Hall or Nightclub.
A bar, tavern, pub, dancehall, or nightclub is permitted in accordance with Table 5.04.010 and
subject to the following standards and limitations:
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1. The establishment shall be located no less than 300 feet from a church, public or private
school or public hospital, subject to the measurements of the City Code of Ordinances.
2. The establishment shall be located no less than 750 feet from an existing bar, tavern, pub,
dancehall, or nightclub, subject to the measurements of the City Code of Ordinances.
3. The establishment is subject to the provisions of Chapter 6.40, Alcoholic Beverages, of the
City Code of Ordinances.
G. Micro Brewery or Micro Winery.
A micro brewery or micro winery is permitted in accordance with Table 5.04.010 and subject to
the following standards and limitations:
1. A micro brewery or micro winery shall be located no less than 300 feet from a church, public
or private school or public hospital subject to the measurements of the City Code of
Ordinances.
2. A micro brewery or micro winery is subject to the provisions of Chapter 6.40, Alcoholic
Beverages, of the City Code of Ordinances.
H. Live Music or Entertainment.
Live music or entertainment is permitted in accordance with the Use Table in 5.04.010 and subject
to the following standards and limitations:
1. The entertainment use must be secondary to the primary use in the C-1 and MU-DT Districts.
2. Any outdoor entertainment area shall be clearly shown on a Site Plan and shall be set back
a minimum of 50 feet from the property line of residentially-zoned property.
3. Live music or entertainment uses are subject to the provisions of Chapter 8.16, Noise, of the
Georgetown Municipal Code.
I. Theater, Movie or Live.
A movie theater or live theater is permitted in accordance with Table 5.04.010 provided that the
theater may not have more than eight screens.
J. Athletic Facilities, Commercial Recreation and Driving Ranges.
Athletic facilities, commercial recreation facilities, and driving ranges are permitted in accordance
with Table 5.04.010 provided that any outdoor playing fields or associated structures shall be set
back 50 feet from the property line of a residentially-zoned property.
K. General Office, Integrated Office Center, and Health Services.
1. General Office, Integrated Office Center, and Health Services in the MU-DT District.
A general office, integrated office center, or any health service use is permitted in the MU-
DT District in accordance with Table 5.04.010, subject to the following standards and
limitations:
a. Each building is limited to a maximum of 40,000 square feet.
b. Parking for a building over 20,000 square feet in Area 1 of the Downtown Overlay
District shall meet a parking ratio of one to 1,500 square feet of gross floor area (GFA).
2. General Office in the RS District.
A general office use is permitted in the RS District in accordance with Table 5.04.010 and is
subject to the following standards and limitations, which allow for an orderly transition of land
use from residential to small scale office while maintaining residential appearance and
building scale:
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a. Only a house meeting the following criteria is eligible to apply for a Special Use Permit,
pursuant to Section 3.07, for an office use in the RS District:
i. The house is located in the RS District;
ii. The house existed on or before February 26, 2008 (the date adopting the
ordinance); and
iii. The house has a side lot line immediately adjacent to property zoned as C-1, C-3
or IN District that is used for commercial or industrial uses and developed without
a bufferyard.
iv. A residential side lot line of less than 30 percent (30%) shall not qualify as a side
lot line for the above adjacency requirement.
v. Any question of applicability of this section shall be determined by the Director.
b. In addition to the requirements for Special Use Permits set forth in Section 3.07, an
applicant for a Special Use Permit under this section shall also submit a Site Plan
pursuant to the requirements of Section 3.09. Further, an interior layout of the building
shall be submitted with the Special Use Permit application.
c. Off-street parking shall be provided at one and one-half spaces per habitable room. For
the purposes of this section, a habitable room includes foyers and lofts if used for
reception areas, work stations, offices, conference rooms, etc, but excludes restrooms,
kitchens, porches (enclosed or open), and utility rooms. This parking requirement is in
place of the parking requirement in Table 9.02.030. All parking shall be paved and
approaches shall be concrete.
d. Parking shall not be permitted in the front yard. An exception to this provision may be
considered with the Special Use Permit related to preserving Protected and Heritage
Trees or to recognize existing garages or parking areas. Parking shall be screened from
view of the right-of-way in accordance with the requirements set forth in Chapter 8.
e. A solid screening wall or fence or dense shrubs and vegetation at least six feet in height
shall be required along the side and rear property lines adjacent to property zoned RS,
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Residential. However, the wall or fence may be reduced in height if buildings on site
reduce the impact of the office use, including parking, and as the fence approaches the
right-of-way.
f. A Building Permit may be required prior to issuance of a Certificate of Occupancy.
g. The use of the property for medical offices providing consultation, diagnosis,
therapeutic, preventative or corrective personal treatment services by doctors or similar
practitioners of medical and healing arts for humans, licensed for such practice by the
state shall be considered on a case-by-case basis with the Special Use Permit. Dental
offices, out-patient clinics, and outpatient emergency centers are not permitted uses.
h. The use of the property for counseling in an office setting by a psychologist or
psychiatrist is a permitted office use.
i. The City Council may consider approval of a lesser office use that would occupy only a
portion of a house. If only a portion of the structure is used, reduced standards may be
applied, especially for a "live/work" use of a house.
j. A Special Use Permit issued under this section shall contain the following special
conditions, at a minimum. The City Council may include other special conditions of the
permit on a case-by-case basis.
i. The office use shall be conducted entirely within the main structure or integral part
thereof and have no outdoor storage of any kind.
ii. Office uses are not permitted in any accessory building.
iii. Uses accessory to office uses are prohibited, except a conference room may be
established for an on-site office.
iv. On-site sales are prohibited.
v. Outdoor storage is prohibited; however, the interior of any accessory structures
may be used for storage related to the office uses.
vi. The number of workers shall be limited to the number of habitable rooms
(excluding restrooms, kitchens, porches (enclosed or open), and utility rooms)
within the house. Foyers and lofts shall be counted as habitable rooms if used for
reception areas, work stations, conference rooms, etc.
vii. No exterior evidence of the office use shall be allowed, except for one non-
internally illuminated sign attached to the principal structure that is no larger than
two square feet. No additional advertising of any kind is allowed on site.
viii. Business hours and regular deliveries by commercial vehicle (excluding 18
wheeled vehicles, which are prohibited) shall be limited to 8:00 a.m. to 6:00 p.m.
ix. A Temporary Use Permit in accordance with Section 3.11 is required for any party,
reception, event, or similar function that is anticipated to draw more than 15 total
guests to the Office (including tenants). Parties, receptions, events or similar
functions, subject to the Temporary Use Permit provision, shall be limited to a total
of six such functions per calendar year. Such events shall be limited to the interior
of the structure.
x. The Special Use Permit shall be null and void if the structure is damaged by natural
or accidental causes to the extent of more than 50 percent (50%) of the value of
the structure on the date of the damage and if it is not rebuilt in kind within 14
months or the use of the structure for Office uses has been discontinued for a
period of 12 months or more. The 14-month period does not include the period of
time necessary to conclude any litigation related to such calamity.
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xi. Increased run-off resulting from conversion to office use shall be detained on-site
or shall be diverted from adjacent property in conformance with the stormwater
drainage requirements of this Code.
xii. The total impervious cover shall not exceed the requirements of the RS District.
L. Data Center.
A data center is permitted in accordance with Table 5.04.010 provided that the building size does
not exceed 5,000 square feet.
M. General Retail.
General retail is permitted in accordance with Table 5.04.010 and subject to the following
standards and limitations:
1. In the BP District.
a. The gross floor area shall not exceed 2,500 square feet.
b. The retail use shall clearly be secondary and supportive to the primary use.
c. The retail use shall not be located in a building which contains no other uses; however,
a Special Use Permit may be considered if it is determined that a free standing retail
operation would be beneficial to a planned business park development.
2. In the MU-DT District.
a. A Special Use Permit is required for any retail building exceeding 40,000 square feet.
b. Parking for a building over 20,000 square feet in Area 1 of the Downtown shall meet a
parking ratio of one to 1,500 square feet of gross floor area (GFA).
N. Personal Services in the BP District.
Personal services, including all uses noted as limited in Table 5.04.010, are permitted subject to
the following standards and limitations:
1. The gross floor area shall not exceed 2,500 square feet.
2. The establishment shall clearly be secondary and supportive to the primary use.
3. The personal service use shall not be located in a building which contains no other uses;
however, a Special Use Permit may be considered if it is determined that a free standing
personal service operation would be beneficial to a planned business park development.
O. Fitness Center.
A fitness center is permitted in accordance with Table 5.04.010 and subject to the following
standards and limitations:
1. In the CN District, the hours of operation shall be limited from 6:00 a.m.—10:00 p.m.
2. In the BP District, a fitness center shall meet all of the provisions of Section 5.04.020.M.1.
P. Kennel.
A kennel is permitted in accordance with Table 5.04.010 and subject to the following standards
and limitations:
1. The kennel operation, including all structures, is required to be at least 100 feet from the
property line of a residentially zoned property.
2. Outdoor kennels are prohibited in the C-3 District.
Q. Self-Storage, Indoor and Outdoor.
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An indoor or outdoor self-storage establishment is permitted in accordance with Table 5.04.010
and the requirements of Section 5.09 and subject to the following standards and limitations:
1. Self-storage facilities shall be limited to the storage use only, with the exception of an
accessory leasing office or single living quarters for security purposes.
2. Storage bay doors shall not face a public right-of-way unless set back a minimum of 40 feet
from the property line.
3. Storage bay doors shall be one solid color of white, brown (or shade thereof) or be otherwise
complimentary to the color of the constructed building materials.
4. Chain-link and/or barbed-wire fencing shall not be located in a front yard or street yard.
5. Each individual storage unit shall be directly accessible from an apron consisting of an
approved paved surface, which extends to the pavement on an adjoining street.
6. Where gated, a minimum of 60 feet of driveway shall be provided between the public right-
of-way and the front gate of the self-storage facility.
7. No outdoor self-storage shall be permitted within the following areas:
a. A required setback;
b. A front yard; and
c. A street yard.
8. No outdoor self-storage shall be allowed in required off-street parking areas. Areas intended
for outdoor self-storage shall be paved and painted to distinguish them from required off-
street parking areas.
9. Outdoor self-storage shall be screened from any public right-of-way by an eight-foot tall wall
for general screening made of materials that include, but are not limited to planting screens,
masonry or other materials acceptable to the Director.
R. Pest Control or Janitorial Services.
A pest control or janitorial services facility is permitted in accordance with Table 5.04.010 and
subject to the following standards and limitations:
1. No mixing of chemicals or pesticides is allowed on-site.
2. Storage of chemicals or pesticides is limited to ten percent (10%) of the total square footage
of the primary facility.
3. No overnight vehicle or outdoor storage is allowed.
S. Automobile Sales, Rental or Leasing Facility.
An automobile sales, rental or leasing facility is permitted in accordance with Table 5.04.010 and
subject to the following standards and limitations:
1. Lighting.
Fixed lighting shall be shielded or have cut-off fixtures to prevent direct glare of beams onto
any adjacent public or private property or street. Light poles shall be placed no closer than
45 feet apart.
2. Auto Repair and Service.
Automobile Repair and Service, Limited and General, shall be an allowed accessory use
with an Automobile Sales Facility. Automobile Repair and Service, General shall not be
permitted on the premises of a Rental Vehicle Facility and any allowed limited repairs shall
be performed only within the principal building.
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3. Screening from Residential.
Screening, meeting the guidelines of a High Level Bufferyard, shall be provided along all lot
lines abutting or adjacent to a Residential District, to block any view of the use, its operations
and stored or displayed vehicles, materials, and equipment from all points on such residential
property when viewed from ground level.
4. Outdoor Display and Storage.
a. Display and storage areas shall be clearly shown on the Site Plan and identified on the
site.
b. Outdoor display of vehicles shall be set back a minimum of 25 feet from all lot lines
abutting residentially zoned or developed property.
c. Temporary overflow vehicle storage is allowed on paved surfaces only. This temporary
storage shall not impede the traffic flow of the site or eliminate required parking spaces.
d. Permanent and temporary tent canopies may be erected over areas used for
automobile sales display and shall not be considered buildings, but may not encroach
into building setbacks, required parking spaces or drive aisles. All necessary building
permits shall be required, but a revision to an existing Site Plan shall not be required if
the tent canopy is located over an existing display area. All safety issues regarding fire
and building codes shall be addressed.
5. Signage for Automobile Sales Facilities.
The following additional signage applies only to automobile sales facilities along the I.H. 35
northbound frontage road, from the southernmost boundary of the City up to, and including,
the one lot north of Fox Drive.
a. High profile monument signs are encouraged for sites with multiple corporate tenants
consistent with Section 10.06.030.G. Auto dealerships may have an increased height
for a high profile monument sign located along the I.H. 35 frontage road of up to 35 feet.
No more than one sign shall be permitted at the 35-foot height. No additional height
shall be permitted. The structure of high profile m onument signs shall be constructed of
stone or brick materials and be colors compatible with those utilized on the primary
building's facade.
b. Additional high profile monument signage shall be allowed for those sites with multiple
corporate tenants. The maximum amount of additional signage shall be limited to an
increase of ten percent (10%) of the total pole sign square footage permitted in Chapter
10. The maximum high profile monument sign height that utilizes the increased size
shall be limited to 28 feet. The minimum road frontage of 600 feet for a high profile
monument sign is reduced to 250 feet for this section and the spacing of 600 feet
between high profile monument signs shall be reduced to 250 feet for this section.
c. A maximum of two high profile monument or pole signs per site are permitted for sites
with multiple corporate tenants with the maximum sign height of 25 feet and a maximum
of 100 square feet per sign.
d. For those sites with multiple corporate tenants the allowed wall signage may be
increased ten percent (10%) to accommodate the additional tenant.
e. For the purposes of this section, entrance and interior directional signs shall not be
counted toward the total allowed signage for the site; however, all other provisions of
Chapter 10 shall apply to these signs. The business name shall be allowed to aid in
direction in accordance with Section 10.03.020.C.
f. No signs, balloons, banners, etc. shall be located within the public right-of-way.
g. Balloons.
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i. For the purposes of this section, balloons shall not be deemed as
fluttering/undulating/moving signs pursuant to Section 10.04.
ii. Balloons shall be tethered, attached, or anchored so as not to create any safety
hazards by blowing into signs, utility lines, lights, etc.
iii. Balloons and their tethering mechanism shall not exceed 35 feet in height.
iv. Balloons for vehicle sales facilities shall not exceed a total of 50 balloons per 100
feet of I.H. 35 road frontage.
h. Banners shall be permitted pursuant to Section 10.07.020.
T. Fuel Sales.
A fuel sales establishment is permitted in accordance with Table 5.04.010 and subject to the
following standards and limitations:
1. No more than eight fuel pumps shall be permitted.
2. When designed for eight pumps, the canopy and arrangement of such pumps must be
designed in a relatively square pattern as opposed to a linear distribution of the fuel pumps,
as depicted below (where X = two fuel pumps):
Acceptable C-1
Pump Arrangement: Unacceptable C-1 Pump Arrangement:
X X X X X X
X X
3. An eight-foot masonry wall shall be required at the property line of residentially-zoned
property, in addition to the required bufferyards in Chapter 8.
4. Fuel pumps, vacuum, air, and water stations as well as other similar equipment are
prohibited between the principal structure and the property line of a residentially-zoned
property and shall comply with the building setbacks in all other circumstances.
5. The bottom of the canopy shall be a minimum of 13 feet in height. The maximum height of
the overall canopy shall not exceed 17 feet.
6. In addition to the requirements in Section 7.05, any freestanding light fixtures shall be
reduced in height to 15 feet if the use is adjacent to a residential district.
7. No full-service or self-service car wash is allowed with the fuel sales use. Only an accessory
one-bay automatic car wash is allowed.
U. Car Wash.
A car wash is permitted in accordance with Table 5.04.010 and subject to the following standards
and limitations:
1. A self-service car wash facility may contain a maximum of four self-service bays.
2. A fuel sales use is not allowed with either a full-service or self-service car wash.
SECTION 5.05. - TRANSPORTATION AND UTILITY USES
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Transportation and Utility Uses include uses for public or private utilities, transportation, parking, and large-
scale communication transmission facilities. These uses may serve small or large-scale areas with various
intensity and nuisance. Transportation uses include, but are not limited to, terminals, storage and dispatch
facilities for public and private transportation. Utility uses typically contain light traffic and minimal personnel
although some larger uses which serve the general community, may not be compatible in residential areas.
Sec. 5.05.010. - Transportation and Utility Uses Allowed by District.
The following Use Table presents the transportation and utility uses that are allowed in each Zoning District,
in accordance with all standards and regulations of this Code. Certain uses are allowed with limitations
detailed in Section 5.05.020. The 'Notes' column of the Use Table contains direction on the specific
limitation of the particular use.
Table 5.05.010: Transportation and Utility Uses
Specific Use AG RE RL RS TF TH MF1 MF2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
Airport S — — — — — — — — — — — — — S S —
Heliport — — — — — — — — — — — L L L L L L A
Bus Barn — — — — — — — — — — — S — — P P —
Parking Lot,
Off-Site — — — — — — — — — — P P P P P P P
Parking Lot,
Commercial — — — — — — — — — — P P P P P — P
Park-n-Ride
Facility — — — — — — — — — P P P P P P P P
Private
Transport
Service
Dispatch
Facility
— — — — — — — — — — S P — — P — S
Rail or Transit
Yard — — — — — — — — — — — — — — P — —
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Transit
Passenger
Terminal
— — — — — — — — — — — P — — P P P
Utility
Services,
Minor
P P P P P P P P P P P P P P P P P
Utility
Services,
Intermediate
L L L L L L L L L L P P P P P P L B
Utility
Services,
Major
— — — — — — — — — — P P P P P P —
Wireless
Transmission
Facility, 40' or
less
L L L L L L L L L L L L L L L L L 5.10
Wireless
Transmission
Facility, over
40'
— — — — — — — — — — — S — — S S — 5.10
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.05.020. - Transportation and Utility Use Limitations.
All transportation and utility uses shall meet any applicable provisions of the City Code of Ordinances, in
addition to the following limitations. Outdoor display and storage requirements, if applicable, shall be met
in accordance with Section 5.09.
A. Heliports.
Heliports are permitted in accordance with [the] Use Table in Section 5.05.010 and subject to the
following standards and limitations:
1. A heliport may be utilized without a Special Use Permit only as an accessory use to a hospital
or government facility.
2. A heliport may be utilized with a Special Use Permit in the following situations:
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a. An accessory use to a full-service hotel, office building, or convention center if the
structure is over 100 feet in height and the heliport landing pad is located on the rooftop
of such a structure; or
b. An accessory use to a business park that is a minimum of 40 total acres.
B. Utilities Services, Intermediate.
Intermediate Utility Services are permitted in accordance with Table 5.05.010 and subject to the
following standards and limitations:
1. Any structure associated with the use shall be set back 25 feet from the property line of a
residentially-zoned property.
2. An enclosed fence or wall at least six feet in height shall be constructed at the boundaries of
any structure or apparatus associated with the use, consisting of:
a. Brick, stone, reinforced concrete or other similar masonry materials;
b. Redwood, cedar, preservative pressure treated wood or other similar materials; or
c. An alternate material approved by the Director.
3. All fence posts shall be rust-protected metal, concrete based masonry, or concrete pillars.
4. The intermediate utility use shall be screened with large evergreen shrubs planted four feet
on center and staggered 30 to 36 inches, located exterior to any required fencing.
5. The facility shall be secured.
SECTION 5.06. - INDUSTRIAL USES
The Industrial Uses Section describes industrial uses, ranging from light manufacturing and assembly,
equipment servicing, storage/freight management to waste related services. Public traffic and onsite sales
are very limited. Industrial uses and facilities are typically incompatible near residential districts.
Sec. 5.06.010. - Industrial Uses Allowed by District.
The following Use Table presents the industrial uses that are allowed in each Zoning District, in accordance
with all standards and regulations of this Code.
Table 5.06.010: Industrial Uses
Specific Use A
G
R
E
R
L
R
S
T
F
T
H
MF
1
MF
2
M
H
C
N
C
1
C
3
O
F
B
P
I
N
P
F
MUD
T
M
U
Note
s
Contractor
Services, Limited — — — — — — — — — — — — — P P — —
Contractor
Services, General — — — — — — — — — — — — — — P — —
Movie
Production — — — — — — — — — — — — — P P — —
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Printing and
Publishing — — — — — — — — — — — — — P P — —
Office/Warehous
e — — — — — — — — — — — — — P P — —
Research, Testing
and
Development
Lab
— — — — — — — — — — — — — P P — —
Manufacturing,
Processing and
Assembly,
Limited
— — — — — — — — — — — — — P P — —
Manufacturing,
Processing and
Assembly,
General
— — — — — — — — — — — — — — P — —
Warehousing
and Distribution,
Limited
— — — — — — — — — — — — — S P — —
Warehousing
and Distribution,
General
— — — — — — — — — — — — — — P — —
Truck Terminal — — — — — — — — — — — — — — P — —
Lumber Yard — — — — — — — — — — — S — — P — —
Dry Cleaning or
Laundry Plant — — — — — — — — — — — — — — P — —
Asphalt or
Concrete Batch
Plant
— — — — — — — — — — — — — — P — —
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Page 35
Resource
Extraction S — — — — — — — — — — — — — S — —
Oil Refinery and
Distribution — — — — — — — — — — — — — — S — —
Recycling
Collection Center — — — — — — — — — — — — — — P — —
Waste Related
Uses — — — — — — — — — — — — — — S — —
Wrecking, Scrap
or Salvage Yard — — — — — — — — — — — — — — S — —
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.06.020. - Industrial Use Limitations.
All industrial uses shall meet any applicable provisions of the City Code of Ordinances. Outdoor display
and storage requirements, if applicable, shall be met in accordance with Section 5.09.
SECTION 5.07. - AGRICULTURAL USES
Agricultural Uses are intended primarily for the raising of animals and crops and secondary industries
associated with agricultural production. Such uses are often found in large, open areas that are separated
from, and incompatible with, urban development.
Sec. 5.07.010. - Agricultural Uses Allowed by District.
The following Use Table presents the agricultural uses that are allowed in each zoning district, in
accordance with all standards and regulations of this Code.
Table 5.07.010: Agricultural Uses
Specific Use AG RE RL RS TF TH MF1 MF2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
Farm Stand P — — — — — — — — — — — — — — — —
Petting Zoo P — — — — — — — — — — — — — — — —
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Animal
Husbandry P — — — — — — — — — — — — — — — —
Dairy S — — — — — — — — — — — — — — — —
Commercial
Feed Lot S — — — — — — — — — — — — — — — —
Meat Market P — — — — — — — — — S S — — P — —
Aquaculture P — — — — — — — — — — — — — — — —
Horticulture P — — — — — — — — — — — — — — — —
Vineyard P — — — — — — — — — — — — — — — —
Taxidermist P — — — — — — — — — — — — — P — —
Public Stable,
Riding
Academy
P — — — — — — — — — — — — — — — —
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.07.020. - Agricultural Use Limitations.
All agricultural uses shall meet any applicable provisions of the City Code of Ordinances. Outdoor display
and storage requirements, if applicable, shall be met in accordance with Section 5.09.
SECTION 5.08. - TEMPORARY USES
Temporary uses have characteristics that require certain restrictions in order to insure compatibility with
other uses in the zoning district in which they are proposed. All temporary uses are required to obtain a
Temporary Use Permit pursuant to the procedures of Section 3.11. Temporary uses are subject to the
corresponding standards and limitations of this section. If the operation of the temporary use violates any
other City Ordinances, the Permit shall be revoked unless satisfactory compliance is achieved. Renewal of
a Temporary Use Permit, as allowed within this section, is subject to approval by the Building Official. It
shall be the responsibility of the applicant to demonstrate that the conditions of the original approval still
exist.
Sec. 5.08.010. - Temporary Uses by District.
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The following Use Table presents the temporary uses that are allowed in each Zoning District, in
accordance with all standards and regulations of this Code. Certain uses are allowed with limitations
detailed in Section 5.08.020. The 'Notes' column of the Use Table contains direction on the specific
limitation of the particular use.
Table 5.08.010: Temporary Uses
Specific Use AG RE RL RS TF TH MF1 MF2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
Seasonal
Product Sales L L L L L L L L L L L L L L L L L L A
Farmer's
Market,
Temporary
L — — — — — L L L L L L L L L L L L A
Mobile or
Outdoor Food
Vendor
— — — — — — — — — — — L — L L L L L A
Business
Offices,
Temporary
— — — — — — L L L L L L L L L L L L B
Concrete
Products,
Temporary
L L L L L L L L L L L L L L L L L L C
Construction
Field Office L L L L L L L L L L L L L L L L L L D
Construction
Staging, Off-
site
L L L L L L L L L L L L L L L L — L E
Parking Lot,
Temporary L L L L L L L L L L L L L L L L L L F
Portable
Classrooms L L L L L L L L — L L L — — — L — L G
Residential
Sales
L L L L L L — — — — — — — — — — — L H
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Offices/Model
Homes
All Other Uses
as
Determined
by the
Director
L L L L L L L L L L L L L L L L L L I
(Ord. No. 2014-30, § 2(Exh. A), 5-27-2014)
Sec. 5.08.020. - Temporary Use Limitations.
All temporary uses shall meet all applicable provisions of the City Code of Ordinances, in addition to the
following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance
with Section 5.09.
A. Seasonal Product Sales/Temporary Farmer's Market/Mobile or Outdoor Food Vendor.
Seasonal Product Sales, Temporary Farmer's Markets, and Mobile or Outdoor Food Vendors
shall meet the requirements and follow the procedures of Section 3.11 of this Code.
B. Business Offices, Temporary.
A temporary building for use as a business office is permitted on a 90-day basis. The applicant
may request to renew such approval upon its expiration if the conditions of approval still exist. All
temporary business offices shall be shown on the Site Plan for approval of the permanent facility.
Any temporary parking associated with the temporary business office shall follow the standards
and procedures of Section 5.08.020.F.
C. Concrete Products, Temporary.
A temporary facility for manufacturing concrete or concrete products may be located where it is
directly associated with construction in the area, provided that such facilities are at least 1,000
feet from existing residential development. Retail sales of concrete products shall be prohibited
in conjunction with temporary concrete plants. Hours of operation shall meet adopted Building
Code requirements. The production site must be returned to its pre-construction state following
completion of the associated project. All buildings, driveway access, curb and gutter, debris, and
product must be removed and the area must be sodded, seeded, or hydromulched with grass
within 45 days of removal.
D. Construction Field Offices.
A temporary building for use as a construction field office is permitted on a 12-month basis unless
it is renewed by the respective business. An unlimited number of renewals may be applied for
and considered. When the construction field office is associated with a residential subdivision,
one temporary building is allowed for each builder in the residential subdivision in which that
builder has the authority to construct structures. For commercial construction, one temporary
building per site is allowed. All temporary offices allowed under this provision shall receive Site
Plan, Stormwater Permit Construction Plan approval, as applicable, following the procedures
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outlined in Chapter 3 of this Code. Any temporary parking associated with the construction field
office shall follow the standards and procedures of Section 5.08.020.F. below.
E. Construction Staging, Off-Site.
This section applies to the temporary use of property outside of the right-of-way for activities
related to the construction of public improvements. Temporary facilities allowed in conjunction
with a staging site may include a construction field office, portable restroom facilities, vehicle or
equipment storage, layout yards, storage of construction materials or product, and other uses as
determined by the Building Official, but the temporary manufacturing of concrete or concrete
products is not included as part of this use and is subject to the restrictions of Section 5.08.020.C.
Off-site construction staging facilities may be located in all zoning districts where they are directly
associated with construction of public improvements in the area, subject to the following
requirements and limitations:
1. Off-site construction staging facilities are permitted on a 12-month basis. The applicant may
request to renew such approval upon its expiration if the conditions of approval still exist. An
unlimited number of renewals may be applied for and considered.
2. Such facilities shall be located within 1,500 feet of the boundary of the construction project
and shall not be located within 500 feet of existing residential development. Existing
residential development shall be deemed any existing structure that is currently used as a
residence and shall not include undeveloped property.
3. Notification of all property owners within 200 feet of the subject site shall be required 15 days
prior to any action by the Building Official.
4. Stormwater and Driveway Permits must be obtained from the Development Engineer. It must
be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and
the tracking of mud onto public rights-of-way.
5. Total impervious coverage shall be limited to 50 percent (50%) of the site.
6. An undisturbed natural buffer of 15 feet shall remain along lot lines adjacent to other
properties.
7. Hours of operation shall meet adopted Building Code requirements.
8. Any temporary parking or construction field offices associated with the construction staging
area shall follow the respective standards of both, as specified in this section.
9. Following completion of the associated project, the site must be returned to its pre-
construction state. All buildings, driveway access, curb and gutter, debris, and product must
be removed and the area must be sodded, seeded, or hydromulched with grass within 45
days of removal.
F. Parking Lot, Temporary.
A temporary parking lot may be approved, for a period not to exceed 12 months, when parking in
excess of what was installed when a facility first opened is necessary to accommodate business
or unanticipated patronage. A temporary parking lot required as part of another Temporary Use
Permit may be approved in accordance with the period of time established for such temporary
use. All temporary parking lots are subject to the following requirements and limitations:
1. Site Plan approval shall be obtained pursuant to Section 3.09.
2. Stormwater and Driveway Permits shall be obtained from the Development Engineer.
3. The surface material of the parking lot shall be approved by the Development Engineer;
4. Curbs, gutters, or other improvements may be required where necessary to comply with
drainage regulations as approved by the Development Engineer;
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5. Entrance to the lot from any public right-of-way shall be pursuant to the driveway separation
requirements of Section 12.03.020;
6. When entrance is allowed to the lot from a public right-of-way, that portion of the entrance
located in the right-of-way shall be paved with an all-weather surface as approved by the
Development Engineer; and
7. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent
properties and the tracking of mud onto public rights-of-way.
8. At the end of the permit approval period, the area shall meet the following:
a. The area shall no longer be used for the parking of vehicles, except as permitted below.
All paving material, driveway access, and curb and gutter must be removed and the
area must be sodded, seeded, or hydromulched with grass within ten days of removal.
b. A temporary parking lot approved for the purposes of accommodating unanticipated
patronage may be retained if brought up to full compliance with all standards of this
Code. If no Site Plan is approved within two months of the expiration of the temporary
approval, the temporary parking lot shall be removed in accordance with the standards
above.
G. Portable Classrooms.
Portable classrooms are permitted in accordance with Table 5.08.010, subject to the following
standards and limitations and the requirements of Section 3.11.
1. Portable classrooms are allowed as part of a site-built public school facility.
2. A site-built school building and required site improvements must be in place prior to any
placement of portable classrooms.
3. The square footage of portable classrooms shall not exceed 20 percent (20%) of the total
square footage of the principle, site built school buildings.
4. The portable classrooms shall be shown on an approved Site Plan and may be added to an
existing Site Plan as part of an amendment process.
5. Required parking for the entire school facility shall be maintained per Chapter 9 of this Code,
including any increases needed to accommodate the portable classrooms.
H. Residential Sales Offices and Model Homes.
A temporary residential sales office or model home must be located within the legal subdivision
for which lots are being sold. In addition, the following standards and limitations shall be met:
1. A Temporary Use Permit with a conditional Certificate of Occupancy to operate the model
home will expire after 12 months unless it is renewed by the builder, upon which the burden
shall fall to demonstrate to the Building Official that the conditions of approval still exist. An
unlimited number of applications to renew the Temporary Use Permit may be applied for and
considered.
2. The builder of a model home that has been constructed to market a phase of a phased
development may request extension of the Temporary Use Permit in order to market new
phases of the same development, but only if there is no increase in the total number of model
homes within all of the phases.
3. A permitted model home in one legal subdivision where a builder is actively marketing lots
may be used to market lots in another legal subdivision if the builder has no model home in
the second subdivision and when such sales are clearly secondary, as demonstrated
through signs and advertisements, to the marketing of lots within the subdivision in which
the model is located.
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4. The builder of a model home constructed to market one legal subdivision may be granted a
Temporary Use Permit to market a new legal subdivision for the period during which a new
model home is being constructed in the new legal subdivision. Such Permit shall be valid for
a period not to exceed six months, with no renewal.
5. There is no restriction on the number of model homes permitted in each subdivision.
6. The design and construction of the model home must be consistent with the character of the
subject neighborhood. A model home or temporary sales office may construct a monument
sign no larger than 16 square feet and no taller than four feet in height, subject to the
requirements of Chapter 10 of this Code.
7. The model home shall be constructed in such a manner that it can be converted, without
structural changes, to a single-family or two-family residence (as allowed by the zoning
district). Such conversion shall occur no later than after the issuance of certificates of
occupancy to 80 percent (80%) of the associated residential units or when use as a sales
office or model home has ceased.
8. A conditional Construction Permit for the model home may be issued once the streets to the
subdivision have been constructed to sub-grade and water service and a fire hydrant are
located within 500 feet of the lot on which the model home is located. The Building Official
shall note on the permit that the property owner accepts all responsibility for commencing
construction prior to completion of the public improvements and City acceptance of the
subdivision. The conditional certificate of occupancy for the model home will not be issued
until the subdivision and all public improvements have been accepted by the City, a Final
Plat has been filed with the County, and all utilities are connected to the home.
9. A temporary building for use as a sales office is permitted on a six-month basis only if a
model home has not been constructed. The temporary sales office is subject to the renewal
policy outlined for model homes, but shall be removed once the model home has been
constructed.
I. All Other Temporary Uses.
Other temporary uses deemed appropriate and compatible with the district and surrounding land
uses may be permitted at the discretion of the Director.
SECTION 5.09. - OUTDOOR DISPLAY AND STORAGE
Sec. 5.09.010. - General.
Outdoor display and storage shall be allowed in non-residential districts in accordance with this section.
Any merchandise, material, or equipment situated outdoors in Non-Residential Districts shall be subject to
the requirements of this section. For the purpose of this section, outdoor storage and display shall be
classified into five categories.
Sec. 5.09.020. - Allowed Outdoor Storage.
The three types of storage shall be allowed in the Districts designated in the Table below.
Table 5.09.020: Permitted Outdoor Display and Storage
Category
CN,
C-1,
MU-DT
C-3 PF BP IN Notes
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Outdoor Display, Limited X X X X A,B
Outdoor Display, General X X A,C
Outdoor Display, Off-Site Vehicles X X A,D
Outdoor Storage, Limited X X X A,E
Outdoor Storage, General X A,F
Sec. 5.09.030. - Outdoor Display and Storage Limitations.
A. Requirements for All Outdoor Display and Storage.
1. All outdoor display and storage areas shall be clearly shown on the Site Plan for the property or,
where no Site Plan of record exists, all required information shall be shown on a scaled drawing
or property survey.
2. All outdoor display and storage areas shall not be located in the following:
a. A required setback;
b. A required bufferyard; or
c. Required off-street parking spaces or stacking areas.
3. All outdoor storage, notwithstanding Subsection 2. above, shall be set back at least 15 feet from
the back edge of an adjacent curb or street pavement.
B. Outdoor Display, Limited.
1. Limited outdoor display of merchandise, goods or materials actively for sale or samples thereof
are allowed only in association with the primary use of the site on which displayed.
2. Limited outdoor display is allowed only in a front yard or street yard, in addition to the following
limitations:
a. The display shall not extend a distance greater than five feet from the wall of the principal
building;
b. The display shall not extend to a height above ten feet;
c. The display shall not occupy more than 30 percent (30%) of the linear distance along the
wall; and
d. The display shall not be permitted to block windows, entrances or exits, nor impair the ability
of pedestrians to use the building.
C. Outdoor Display, General.
1. General outdoor display of merchandise, goods or materials actively for sale or samples thereof
are allowed only in association with the primary use of the site on which displayed.
2. General outdoor display shall not exceed 1,000 square feet or ten percent (10%) of the total site
area (whichever is greater).
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3. General outdoor display that is located adjacent to a wall of the principal building, in a front yard
or street yard, shall comply with the following limitations:
a. The display shall not extend a distance greater than five feet from the wall;
b. The display shall not extend to a height above ten feet;
c. The display shall not occupy more than 30 percent (30%) of the linear distance along the
wall; and
d. The display shall not be permitted to block windows, entrances or exits, nor impair the ability
of pedestrians to use the building.
D. Outdoor Display, Off-Site Vehicles.
1. Off-site outdoor display of vehicles is allowed only if it is associated with an auto dealership whose
principle establishment lies within the corporate limits of the City.
2. The vehicles displayed at the off-site property shall not be offered for sale.
3. A maximum of six vehicles may be displayed at the same time at an off-site property.
4. The vehicles display area shall be located on an approved paved surface, subject to approval by
the Development Engineer.
5. The vehicle display area shall require the approval of the Director, which shall be noted on the
Site Plan or, where no Site Plan of record exists, all required information shall be shown on a
scaled drawing or property survey.
6. Vehicle window signage for display vehicles will be allowed in accordance with all other signage
limitations for the district in which it is located.
E. Outdoor Storage, Limited.
1. Limited outdoor storage is the storage of merchandise, goods or materials that are not actively
for sale, are in individual packaging, and are not located within storage containers. Examples of
limited outdoor storage include materials organic or otherwise, stored on pallets or shelves.
2. Limited outdoor storage shall not be allowed in a front yard or street yard.
3. Limited outdoor storage shall not exceed 1,000 square feet or 20 percent (20%) of the total site
area (whichever is greater).
4. Limited outdoor storage shall be completely screened from view by a solid opaque wall or fence
at least six feet in height one foot above the height of the stored materials, whichever is greater.
The wall or fence shall be constructed of materials that include, but are not limited to, brick, stone,
reinforced concrete or other similar masonry materials; redwood, cedar or preservative pressure-
treated wood; or other materials as approved by the Director.
5. Limited outdoor storage areas shall be paved and painted to distinguish them from required off-
street parking areas.
F. Outdoor Storage, General.
1. General outdoor storage is the storage of merchandise, goods or materials that are not actively
for sale that include all forms of outdoor storage, including limited outdoor storage. Examples of
general outdoor storage include items stacked on pallets and shelves, stored in shipping
containers or convexes, and semi-trailers not attached to a truck.
2. General outdoor storage shall not be allowed in a front yard or street yard.
3. General outdoor storage shall be completely screened from view by a solid opaque wall or fence
at least eight feet in height or one foot above the height of the stored materials, whichever is
greater. The wall or fence shall be constructed of materials that include, but are not limited to,
brick, stone, reinforced concrete or other similar masonry materials; redwood, cedar or
preservative pressure-treated wood; or other materials as approved by the Director.
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4. General outdoor storage areas shall be paved and painted to distinguish them from required off-
street parking areas.
SECTION 5.10. - WIRELESS TRANSMISSION FACILITIES
A Wireless Transmission Facility (WTF) is permitted in accordance with the Use Table in Section 5.05 and
subject to the following standards:
Sec. 5.10.010. - Locational Regulations.
A. In order to protect the City's natural beauty and historic character no WTF tower shall be located in the
following areas:
1. Within a one-half mile or 2,640-foot radius measured from the property line of the Williamson
County Courthouse located at 710 Main Street at the center of Georgetown's historic square.
2. Within a 500-foot radius of any District, structure or site designated Historic by any other lawfully
authorized local, state or federal historic preservation agency or entity by law, including the City.
3. Within 500 feet of the centerline of the San Gabriel River.
4. Within 500 feet of the Interstate Highway 35 right-of-way. The restrictions of this section apply to
all areas within the City limits except for properties and structures owned by the City. Location of
a WTF on a municipally-owned property or facility is subject to approval by the City Council.
B. No newly-constructed WTF with or without a tower shall be located on existing structures designated
as historic. Pre-existing wireless transmission facilities shall meet the requirements set forth in Section
5.10.030.
C. Wireless transmission facilities are allowed, without a Special Use Permit, on existing towers or tanks,
utility, lighting standard, sign support, or other appropriate structures provided that the antennas or
related equipment or structures do not exceed, by ten feet, the lesser of the height of the structure or
the height limits of the highest permitted structure in the District in which it is located.
D. Wireless transmission facilities with towers are allowed within any electric substation, within any
Zoning District, provided that the antennas or related equipment or structures do not exceed, by ten
feet, the lesser of the height of the structure or the height limits of the highest permitted structure in
the district in which it is located.
Sec. 5.10.020. - Mounting Standards.
A. Wireless transmission facilities may locate, without a Special Use Permit, on the roof of any Non-
Residential and non-historic building, within any Zoning District, provided the WTF does not exceed,
by ten feet, the lesser of the height of the building or structure or the height limits of the District in which
it is located.
B. Wireless transmission facilities may mount, without a Special Use Permit, on the exterior of any Non-
Residential and non-historic building, within any Zoning District, provided the antenna or antenna
support structure or equipment:
1. Is mounted flush with the exterior of the building or that it projects no more than 24 inches from
the surface of the building to which it is attached and does not exceed height restrictions
established in this part of the Code and that said projection is at least 15 feet above grade; and
2. Is textured and colored so as to blend with the surrounding surface of the building.
C. Wireless transmission facilities, with or without towers, are allowed on municipally-owned properties
and structures subject to approval of a lease by the City Council specifying WTF location, design, and
other restrictions.
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D. Wireless transmission facilities may locate in the areas set forth in Subsections A. and B. above,
provided they comply with all other standards regarding height requirements; collocation; historic
Districts, structures or sites; residential structures; residentially zoned property; setbacks and site
development, and submittal requirements of this Code. To locate within or on an area related to
Subsection C. above, the applicant must first receive approval from the City Council.
Sec. 5.10.030. - Collocation.
A. To minimize the number of WTFs to be sited, applicants should cooperate with other service providers
in collocating additional antennas on existing towers and/or structures to the extent that collocation is
reasonably economical and technically feasible. An applicant should exercise good faith in collocating
with other providers and sharing the permitted site. Such good faith shall include sharing technical
information to evaluate the feasibility of collocation.
B. Service providers should, to the maximum extent feasible, promote collocation of antennas by multiple
providers through the use of nonexclusive agreements for antenna sites, relocation and reconfiguration
of antennas to accommodate additional users, utilization of current technology to maximize antenna
separation and minimize antenna/tower height and obtrusiveness, and ensure building support
structures are of sufficient strength.
C. The City encourages that each WTF tower be constructed in such a way that the structure can support
additional antenna systems having the same or similar wind and weight loading characteristics of those
that are proposed by applicant. Tower space on existing WTF towers should be provided on a
reasonable, proportioned cost basis to other service providers who seek use of the structure, unless
it would result in the creation of a level of radio frequency interference which would degrade applicant's
services.
Sec. 5.10.040. - Setback Requirements.
No permit for a Tower shall be approved or issued unless the proposed WTF is in compliance with the
applicable provisions governing setback distance requirements, which are as follows:
A. Monopole Towers.
The distance between the base of a single monopole, and all Residential Districts or uses must
not be less than:
1. The height of the WTF tower for towers under 60 feet;
2. One and one-half times the height of the WTF tower if the height of that tower is over 60 feet,
but not over 90 feet;
3. Two times the height of the WTF tower if the height of that tower is over 90 feet, but not over
105 feet;
4. Two and one-half times the height of the WTF tower if the height of that tower is over 105
feet, but not over 120 feet; or
5. Three times the height of the WTF tower if the height of that WTF tower is over 120 feet.
B. All distance measurements referred to in this section shall be the distance of a straight horizontal
line from the center of the base of the WTF to the center of the residential lot minus 50 feet or the
closest residential property line, whichever results in the greatest distance from the WTF and the
nearest outer wall of a residential structure or line.
C. Safety issues will be fully addressed by applicants for a WTF siting. Wireless Transmission
Facilities should be located in such a manner that if the structure should fall along its longest
dimension it will remain within the owned or leased property boundaries of the service provider
and will avoid structures, public streets, and utility lines. If a proposed WTF has a potential for
affecting a nearby property or structure upon collapse or scattering of equipment debris, the
situation must be addressed by applicant.
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D. Property uses and distances referred to in this section shall be determined as of the date and
time that the completed WTF permit application is filed.
E. Equipment enclosures shall be set back from the property line according to the applicable
regulations.
Sec. 5.10.050. - Fencing Requirements.
A. The base of a WTF with a tower, including all mechanical equipment and accessory structures, must
be completely enclosed by a fence, wall or barrier which limits climbing access to such WTF and any
supporting systems, lines, wires, buildings or other structures. The base must be fully screened from
view of residential structures, residentially zoned properties or public roadways by a substantially
opaque screening fence designed and built to provide privacy.
B. The fence shall be a minimum height of eight feet and consistent in color and character to surrounding
structures and properties.
C. The fencing shall have no openings, holes or gaps larger than four inches measured in any direction.
D. The fencing may contain gates or doors allowing access to the WTF and accessory structures for
maintenance purposes; such gates or doors shall be kept completely closed and locked except for
maintenance purposes and shall be located so that all gates and doors do not intrude into the public
right-of-way.
E. The requirements of this section do not apply to:
1. Wireless Transmission Facilities located on buildings or structures that are not designed or built
primarily to support WTFs, provided that the general public has no physical access to the WTFs
and adequate safety measures are taken to prevent access by unauthorized people;
2. Legally existing WTFs having security fences at least six feet in height; and
3. WTFs with towers that are sufficiently camouflaged or disguised such that the City determines
that a security fence is unnecessary and/or would cause the tower to be unnecessarily more
obtrusive.
Sec. 5.10.060. - Maintenance and Inspection.
A. The owner or operator of a WTF shall be responsible for the maintenance of the WTF and shall
maintain all buildings, structures, supporting structures, wires, fences or ground areas used in
connection with a WTF in a safe condition and in good working order, as required by city building, fire
or any other applicable codes, regulations or ordinances or to standards that may be imposed by the
City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to,
maintenance of the paint, landscaping, fencing, equipment enclosure, and structural integrity. If the
City finds that the WTF is not being properly maintained, the city will notify the owner of the WTF of
the problem. If the applicant fails to correct the problem within 30 days after being notified, the City
may undertake maintenance at the expense of the applicant or revoke the permit, at its sole option.
B. By applying for a WTF permit under this article, the applicant specifically grants permission to the City,
its duly authorized agents, officials, and employees, to enter upon the property for which a permit is
sought, after first providing a reasonable attempt to notify a person designated by the applicant, except
in the event of an emergency, for the purpose of making all inspections required or authorized to be
made under this part of the Development Code. The City may require periodic inspections of WTFs to
ensure structural integrity and other Code compliance. Based upon the result of an inspection, the City
may require repair or removal of a WTF.
Sec. 5.10.070. - Radio Frequency Standards.
A. The applicant shall comply with federal standards for radio frequency emissions and must submit a
signed statement that the proposed site fully complies with federal standards for radio frequency
emissions. The City reserves the right to request that the applicant submit a sealed report from a
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registered radio frequency engineer which provides the estimated cumulative field measurements of
radio frequency emissions of all antennas installed at the subject site and compares the results with
established federal standards. Said report shall be subject to review and approval by the City for
consistency with federal standards. If on review the City finds that the proposed or established WTF
does not meet federal standards, the City may deny or revoke the permit, whichever is applicable at
the time.
B. The applicant shall ensure that the WTF will not cause localized interference with the reception of area
television or radio broadcasts or other legally existing WTFs. If on review the City finds that the WTF
will interfere with such reception, it may deny the permit. If such interference occurs after the permit is
issued and the problem is not corrected within 60 days, the City may revoke or modify the permit.
Sec. 5.10.080. - Specific Development Standards.
Wireless transmission facilities shall conform to the following site development standards:
A. All towers must be of monopole construction and be as least obtrusive as possible. At a minimum,
antennas must be flush with the tower;
B. To minimize potential safety hazards, WTFs with towers shall be setback from residential
structures or residentially zoned property lines as required in Section 5.10.040;
C. All lots on which WTFs are located must have access to a public right-of-way accepted by the
appropriate governmental agency.
D. Wireless transmission facilities shall be designed and placed on the site in a manner that takes
maximum advantage of existing trees, mature vegetation, and structures so as to:
1. Use existing site features to screen as much of the total WTF as possible from public view;
2. Use existing site features as a background so that the total WTF blends into the background
with increased sight distances; and
3. To the degree technically feasible, locate on a portion of the site that is effectively isolated
from view of residential areas by structures or terrain features unless the WTFs are
integrated or act as an architectural element of the structure such as a flag pole or parking
lot light or are effectively screened through installed landscaping or other acceptable
screening.
E. Wireless transmission facilities having towers viewable from a residential structure, residentially
zoned property or public roadway shall be landscaped along the perimeter of the WTF fencing.
Further, the use of existing vegetation shall be preserved to the maximum extent practical and
may be used as a substitute for or in supplement towards meeting landscaping requirements.
The installed landscaping requirements include:
1. A row of shade trees a minimum of one-inch caliper shall be planted around the perimeter
of the fence with a maximum spacing of ten feet;
2. A continuous hedge of one-gallon sized (minimal) evergreens shall be planted along the
perimeter of the WTF; and
3. All landscaping shall be drought-resistant or irrigated and properly maintained to ensure
good health and viability.
F. The City may waive landscaping requirements if the design of the WTF tower is such that
landscaping would cause the tower to be more obtrusive, if the Tower is integrated or acts as an
architectural element of a structure such as a flag pole, parking lot light, bell tower or other similar
structure and/or the City determines landscaping to be unnecessary.
G. Wireless transmission facilities with towers shall conform to the fence standards established in
Section 5.10.050.
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H. Equipment enclosures of a WTF that may be seen from a residential structure, residentially zoned
property or public roadway, are encouraged to be located underground, if site conditions permit.
If the equipment enclosure is not put underground, then it must be within the building in which the
antenna is mounted or in a separate equipment enclosure which matches the existing building or
surrounding structures in character and building materials.
I. All signs, flags, lights, and attachments other than those required for communications operations,
structural stability or as required for flight visibility by the Federal Aviation Administration (FAA)
and Federal Communications Commission (FCC) shall be prohibited on any WTF;
J. Applicant shall identify to the City any structures in the vicinity which the applicant investigated
for possible use that have not been addressed otherwise in the application.
Sec. 5.10.090. - Submittal Requirements.
A. All service providers wishing to operate a WTF shall ensure and submit documentation demonstrating:
1. That the tower will be erected and operated in compliance with current FCC and FAA rules and
regulations and other applicable federal, state, and local standards particularly as apply to the
Georgetown Municipal Airport;
2. That all back haul providers are identified and have all the necessary approvals to operate as
such, including holding necessary franchises, permits, and certificates;
3. A notarized statement signed by the WTF tower operator, the tower owner and the landowner
that indicates:
a. The extent to which all agree to allow collocation of additional WTF equipment by other
service providers on the applicant's structure or within the same site location on a reasonable
and non-discriminatory basis;
b. An understanding of Section 5.10.060 relating to maintenance and inspections;
c. An understanding that if the service provider fails to remove the WTF upon 60 days of its
discontinued use, the responsibility for removal falls upon the landowner, and in the event
the WTF is not removed within another 60 days, the City may remove the WTF and recover
the costs associated with such removal from the landowner and place a lien on the property
until such costs are paid.
4. Service providers shall submit updated notarized statements as required above whenever
ownership or operators change.
5. A certification and sealed report from a registered professional engineer stating that all structural
components of the WTF comply with all applicable codes and regulations. In the case of WTF
towers, the report should further note the extent to which the tower is designed and/or built to
accommodate co-location.
B. Service providers wishing to establish a WTF shall:
1. Secure all necessary approvals and permits needed to operate or construct a WTF within the
City;
2. Fully and accurately complete a questionnaire supplied by the City;
3. Comply with all ordinances of the City;
4. Pay all related development and permit application fees;
5. Reimburse the City for actual costs incurred by the City for radio frequency evaluations, structural
engineering reviews and/or any other services that the City may deem necessary to review and
process the application; and
6. Provide the City with:
a. A master antenna plan, including detailed maps:
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i. Showing the precise locations and characteristics of the proposed and all existing WTFs
in the City and in its extraterritorial jurisdiction (ETJ);
ii. Indicating coverage areas of the proposed and existing sites within the City and its ETJ;
and
iii. Showing topography of proposed site.
b. Updates of the above documents shall be filed with the City as they become available;
c. Photo simulations of the proposed WTF from varying points and distances, including affected
residential properties and public rights-of-way. The photo simulation shall also include a
diagram or map indicating points from where the photo simulations are taken; and
d. Site and landscaping plans indicating:
i. The specific placement of the WTF and all related structures on the site;
ii. The location of existing trees, and other significant site features;
iii. The type and location of landscaping proposed for screening;
iv. The color(s) for the WTF; and
v. Architectural and structural drawings for the proposed site.
Sec. 5.10.100. - Notice Requirements.
The notice requirements of this section apply only to applications for which a Public Hearing is required and
if the proposed WTF Tower is within 200 [feet] or a distance equal to twice the height of the proposed WTF,
whichever is greater, of a residential structure or residentially-zoned property.
A. Notice Sign Placement and Information.
1. The applicant for a WTF permit must post and use reasonable efforts to maintain a sign on
the subject WTF site for a minimum of 30 calendar days beginning no later than the sixth
calendar day following the date of the filing of the required completed application with the
City. The sign shall be posted no less than 15 feet from the public right-of-way that is used
as access to the WTF site. The sign shall face and be legible from the public right-of-way.
The sign shall contain at a minimum the following items of information:
a. That this is the proposed site of a WTF;
b. The proposed maximum Height Above Grade of the proposed WTF;
c. The WTF permit application number assigned to this project by the City; and
d. The telephone number of the City of Georgetown where additional information
concerning this proposed WTF may be obtained.
2. The applicant shall remove the sign from the subject WTF site after the permit is obtained or
the appeals process is complete.
3. Written notice of the filing of each application for a WTF permit shall be given to the owners,
as is indicated by the most recently approved tax rolls, of all property within a distance of
200 feet or a distance that is equal to twice the height of the proposed WTF, whichever is
greater, from the proposed WTF site. The required written notice, which will be mailed out
by the City, shall be in a form prescribed by the Director and shall be mailed by depositing
the same in the United States Mail. The required notice shall be mailed no later than the
tenth calendar day following the filing of the required fully-completed application.
4. Written notice shall be published by the City at least once in a local newspaper of general
circulation within the City not later than the seventh calendar day following the date of filing
of the required completed application. Such notice shall be published in the Section of such
newspaper in which other legal notices are commonly published.
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5. The "written notice" required in Subsection 3. above shall include, at a minimum, the
following:
a. The name, signature, address, and telephone number of the person or entity
representative that will own the proposed WTF structure;
b. The name, address, and telephone number of the applicant if different from the owner
of the proposed WTF;
c. The approximate proposed location of the WTF structure, including the street address
(or nearest street intersection) and the name of the subdivision or survey if there is no
recorded subdivision;
d. The proposed use of the WTF structure and site;
e. The proposed maximum height above grade of the proposed WTF structure; and
f. That additional information may be obtained by writing or telephoning the office of the
Director, including the telephone number.
Sec. 5.10.110. - Permitted Hours for Construction.
Construction, placement, removal or alterations to a WTF shall not be performed except between the hours
of 7:00 a.m. and 9:00 p.m. of any day, except in a bona fide emergency.
Sec. 5.10.120. - Permit Limitations.
A. Any City permit, including the Special Use Permit, shall become null, void and non-renewable if the
permitted WTF is not constructed within one year of the date of issuance, provided that the Special
Use Permit may be extended one time for six months if construction has commenced before expiration
of the initial year.
B. The applicant/permittee of a WTF shall expressly indemnify, protect, and hold the City harmless to the
maximum extent allowed by law. No exceptions to this requirement shall be allowed.
C. Any City permit, including a Special Use Permit, for a WTF shall expire and the applicant must remove
the WTF if it is not put into use within 120 days after construction or if use is discontinued for a period
in excess of 120 days. If the WTF is not so removed, the City may cause the WTF to be removed and
all expenses of removal shall be paid by the owner of the land where the WTF is located.
D. The applicant shall notify the Director of all changes in ownership or operation of the WTF Tower within
30 days of actual knowledge of the change.
Sec. 5.10.130. - Effective Date and Effect on Pre-Existing and Permitted WTFs.
A. The requirements of this part of the Code apply to all new WTFs after the date of adoption and the
expansion and/or alteration of any existing WTFs; provided that an in-kind or smaller replacement of
transmission equipment will require only a written notification to the City.
B. A WTF which was in existence on the date of final passage of this part of the Development Code shall
not be required to be removed or relocated in order to meet the minimum distance requirements of
this Code due to subsequent platting of a residential lot nearer to the WTF than the distance
requirements of this section. However, any alteration to existing WTFs shall require compliance with
the applicable provisions of this Code.
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City of Georgetown, Texas
Unified Development Code Advisory Committee
February 8, 2017
SUBJECT:
Disc uss p arkland d ed icatio n req uirements- Kimb erly Garrett, Parks and Rec reation Directo r and Valerie
Kreger, Princ ip al P lanner
ITEM SUMMARY:
The 2016-2017 UDC General Amendment Lis t id entifies the fo llo wing as a priority 1 level amendment:
Update p ro vis ions go verning parkland dedic ation
The Parks Dedic ation Co mmittee of the Parks & R ecreatio n Bo ard has been c reated and has been tas ked
with reviewing and p ro viding recommend ed c hanges regard ing the city’s parkland p ro visions and polic ies .
Staff wo uld like to dis c uss the following items as part of this agenda item:
Disc uss purp o s e of the parkland o rdinanc e
Current req uirements vs. c o mp aris o n of o ther c ities
At a high level dis c uss the parkland ordinanc e and sec tions of the ord inanc e that need to be
examined
Brief the c o mmittee on the use o f the P arks Dedic ation Co mmittee
Reques ted Feed b ac k from the Co mmittee inc ludes :
Committee thoughts o n Parkland d edic ation requirements that they like o r don’t like in other
communities ,
Views on parkland imp ro vement fees / c ons tructio n, views o n p rivate p ark credits and ETJ
p arkland, views o n fee increases and c alc ulation formula
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Sofia Nelson, C NU-A, P lanning Directo r
ATTACHMENTS:
Description Type
Current Parkland ordinance Backup Material
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SECTION 13.05. - PARKLAND
Sec. 13.05.010. - Requirements for Parkland Dedication.
A. Dedication of Public Parkland Required.
Pursuant to the current adopted ordinance regarding parkland dedication, it shall be required that a
developer of multi-family residential or subdivider of any residential subdivision within the City's
territorial jurisdiction set aside and dedicate to the public sufficient and suitable lands within the
appropriate primary or secondary zones established by Section 13.05.030.E., below, for the purpose
of public parkland and/or make a financial contribution for the acquisition of such parkland in
accordance with the provisions of this section and these regulations generally.
1. All plats receiving subdivision approval of four or fewer units shall be exempt from conforming to
the requirements of this section. All other residential subdivisions and multi-family developments
shall be in conformance with these requirements through either the combination of public parkland
dedication and/or payment of fees-in-lieu of required parkland to satisfy the provisions of this
Code.
2. In the event the subdivider offers to dedicate land for a public park classification that is defined in
the Comprehensive Plan, which meets the design standards of these regulations, and that is three
or more acres in size the City shall be obligated to accept the parkland dedication.
3. Where a subdivider or multi-family developer proposes to develop 50 or fewer lots or units within
the subdivision or development and where no future phasing is proposed the payment of fees in-
lieu will be required. When the subdivider/or developer proposes to pay an in-lieu-fee as provided
for below the Council may accept such payment as satisfying the parkland dedication
requirements of this Code, except that the City reserves the right to require the dedication of land
for public park purposes in accordance with this section when one or more acres of land would
be required to satisfy the parkland dedication requirements of this Code.
B. Formula for Calculating Area of Parkland. The acreage to be contributed prior to final approval by
the Council of any residential subdivision shall be pro-rated in an amount equal to one acre for each
50 new dwelling units projected to occupy any developing parcel. A parcel in which dwelling units were
built after February 14, 1988 on an illegal lot shall also pay a fee-in-lieu for the existing units.
C. Alternative Dedication Within General Development Plan Areas.
1. Equivalent Acreage.
When the residential subdivision is part of an area of land which is required by this ordinance to
obtain approval of a subdivision, a subdivider is required to dedicate land in compliance with this
section prior to the recordation of the first record Final Plat for the development. The subdivider
shall dedicate land equivalent in acreage to that amount of parkland required for the number of
units proposed for the build-out of the Preliminary Plat. The subdivider may request approval of
a Development Agreement with the City to dedicate land to the City which may be exchanged by
the City in the future for more desirable parkland interior to the subdivision within a defined period
of time, not to exceed five years. Land dedicated in this manner shall not be used or characterized
as parkland until the expiration of the Development Agreement, in order to facilitate the exchange
of the land for the proposed parkland in the future, but will be held by the City in lieu of the
proposed future parkland.
2. Land Not Adjacent to First Record Final Plat.
If the proposed parkland for the residential subdivision is not immediately adjacent to the
boundary of the first Final Plat for the development, the subdivider may dedicate the parkland by
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Final Plat provided that fiscal surety is provided to the City in accordance with this Code for the
subdivision improvements required to provide paved street access and utilities to the parkland.
D. Fee Payment In-lieu of Parkland Dedication.
When the amount of land required by this section is less than three acres the Council may require the
subdivider to pay a fee-in-lieu of Parkland dedication. Subdivisions in which dwelling units were built
after February 14, 1988 on an illegal lot shall also pay a fee-in-lieu for the existing units. The developer
shall tender and pay over to the City said fee prior to recordation of the Final Plat. The applicable fees
shall be those established in Section 15.04.045 "Development Process Fees" of the Code of
Ordinances and provided in the UDC Development Manual.
Sec. 13.05.020. - Design Standards for Parkland.
Any land to be dedicated to meet the requirements of these regulations shall be reasonably located and
adaptable for use as a public park and recreation facility as defined by the Comprehensive Plan. The
Commission shall make recommendations to the Council concerning the suitability of proposed parkland.
The shape of the parcel or tract of land to be dedicated should be appropriate for public parks and recreation
purposes. All such parkland shall be designed and located so as to satisfy the following general
requirements:
A. The dedicated land should form a single parcel or tract of land at least three acres in size, unless
it is determined that a smaller tract would be in the public interest or that additional contiguous
land will be reasonably available for dedication to or purchase by the City.
B. Public access to public parkland delineated on a Preliminary Plat shall be ensured by provision
of at least 200 feet of street frontage, in a manner satisfactory to the City, preferably a 200-foot
by 200-foot corner site at the intersection of two internal subdivision streets. At the time the land
abutting the delineated areas is developed, the subdivider of such abutting land shall furnish and
pay for paving all abutting street frontage and shall provide water and sewer access to the
boundary of one side of the delineated area to meet minimum requirements of these regulations.
C. The land to be dedicated to meet the requirements of these regulations should be suitable for
public parks and recreation activities, specifically:
1. Grade/Slope Requirements: Fifty percent (50%) of the dedicated land area should not
exceed 20 percent (20%) grade;
2. Utilities Required: Minimum of two-inch water service and six-inch gravity sewer service lines
located along at least one property line of the dedicated land;
3. Permanent Property Boundary Markers Required: Above-ground, grade-level survey
markers are required to be permanently installed on all property lines of the dedicated land,
according to standards established by the City.
D. Any disturbed Parkland shall be restored and the soil stabilized by vegetative cover by the
developer.
E. Areas within the 100-year floodplain may be dedicated in partial fulfillment of the dedication
requirement when the development is adjacent to one of the three forks of the San Gabriel River.
Said dedication shall include the entire 100-year floodplain or a 200-foot strip measured from the
center line of the river, whichever is greater.
F. The following standards shall also apply to the consideration of parkland dedication within the
100-year floodplain.
1. Areas in the 100-year flood plain not located adjacent to one of the three forks of the San
Gabriel River, may constitute up to 50 percent (50%) of the requirement of land dedication
provided that adjoining land within the 25-year floodplain is also dedicated, but that such
land in the 25-year floodplain shall not be credited towards the requirements of land
dedication or payment of fees.
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2. Non-residential development, although not required to dedicate parkland, shall be given
incentives to encourage the dedication of land within the 100-year floodplain when located
adjacent to one of the three forks of the San Gabriel River. Such incentives shall include, but
not be limited to, credit for development intensities that could have occurred in the dedicated
portion of the development to other areas within the same development. Said incentives shall
be approved by the Commission and Council.
3. That such area shall meet any additional standards specified in the Parkland design
standards pertaining to the dedication of the 100-year floodplain.
G. In the case of areas known to contain sensitive environmental features, the City may, at its
discretion, waive these standards subject to the following limitations:
1. Such areas shall provide recreational or educational opportunities for the surrounding
community.
2. Such areas shall be given a 50 percent (50%) credit against the requirement of land
dedication or payment of fees.
3. Such areas shall meet any additional standards specified in the parkland design standards
pertaining to the dedication of areas known to contain sensitive environmental features.
H. The location of parkland may be required at the edge of a subdivision so that additional land may
be added at such time as adjacent land is subdivided or acquired for public use. Otherwise a
centralized location is preferred.
I. The Parks and Recreation Board shall make recommendations based upon the parkland design
standards and the provisions contained herein, to the Planning and Zoning Commission and City
Council concerning the amount and location of parkland, credit for land in the 100-year floodplain,
and/or fees-in-lieu of parkland dedication.
Sec. 13.05.030. - Park Fund Established.
A. A separate fund to be deposited at the highest interest rate permitted by law to be entitled "Park Fund"
shall be and is hereby created and the money paid by owners, subdividers, and applicants at final
approval of Subdivision Plats shall be held in said fund in trust to be used solely and exclusively for
the purpose of purchasing and/or equipping public park and recreational land in the primary and
secondary zones as established by this section which apply to the subdivision.
B. At such time as the City Council, based upon the recommendations of the Parks and Recreation Board,
determines that there are sufficient funds derived from a certain area in the park fund to purchase
usable parkland, the Council shall cause negotiations to be undertaken to purchase the site by mutual
agreement or by condemnation proceedings. In making such determination for the purchase of said
site, the conditions of Section 13.05.020 above shall be taken into consideration. The principal and
interest deposited and kept in the park fund shall be used solely for the purpose of purchasing and/or
equipping land for public park and recreation uses, and shall never be used for maintaining or
operating public park facilities or for any other purpose. Any funds paid in-lieu of the parkland
dedication requirements must be expended by the City within five years from the date received. If not
so expended, the owners of the property on the last day of such period shall be entitled to a pro rata
refund, computed on a square footage of area basis. The owners of such property must request such
refund within one year of the entitlement, in writing or such right shall be waived. Said refunds shall be
paid within 60 days of the filing of the request with the City Secretary.
C. Park dedication zones are illustrated in Figure 13.05.030.D. The zone in which a subdivision is located
is the primary zone. Each primary zone has adjacent secondary zones, which are identified in Table
13.05.030.D. The first priority for expenditure of funds is within the primary zone, although these funds
may be spent in the secondary zones with the City Council's authorization. The primary zone for a
subdivision located within more than one zone shall be each zone that the subdivision is located within.
An owner, subdivider or applicant for a subdivision may authorize the expenditure of the park
dedication fees for that subdivision in zones other than those defined as primary or secondary with the
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recommendation of the Parks and Recreation Board and the approval of the Council. All park fund
money collected prior to the adoption of this section shall be expended according to these
requirements. Review of the park dedication zones will be conducted during each review of this Unified
Development Code.
D. Primary and Secondary Park Dedication Zones.
Table 13.05.030.D.: Park Dedication Zones
Primary Zones Secondary Zones
1 2
2 1,3
3 2
4 5,6,7
5 4,6,7
6 4,5
7 4,5,8,9
8 7
9 7,10,17
10 9,17,19
11 12,13
12 11,13,16
13 11,12,16
14 15,16
15 14,16
16 12,13,14,15
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17 9,10,18,19
18 17,19
19 10,17,18
E. Park Dedication Zones (Map).
Figure 13.05.030E.: Parkland Dedication Zones
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Sec. 13.05.040. - Method of Dedicating Parkland.
Land accepted for dedication under the requirements of these regulations shall be conveyed by warranty
deed prior to Final Plat approval, transferring the property in fee simple to the City of Georgetown, Texas,
and must be free and clear of any mortgages or liens at the time of such conveyance. A copy of the
warrantee deed shall be provided to the Director of Parks and Recreation prior to recordation.
Page 63 of 64
City of Georgetown, Texas
Unified Development Code Advisory Committee
February 8, 2017
SUBJECT:
Disc uss s ingle family res id ential and multi-family res idential d evelopment s tandards - Sofia Nelson,
Planning Direc to r.
ITEM SUMMARY:
The City Counc il ad o p ted 2016-2017 UDC G eneral Amendment List has id entified the fo llo wing
amendments as a priority 1 amendments:
Cons ider mas o nry requirements for s ingle-family and two-family
s tructures .
Review the mas o nry requirements for multifamily and c o mmercial
b uildings .
As p art o f this agenda item s taff will p res ent the following items :
Disc uss purp o s e of the amend ments .
Review c urrent req uirements.
Disc uss requirements the City has used in P UDs and Development Agreements
Review res earc h fro m other cities .
Review examp les of Geo rgeto wn developments .
Staff reques ts the fo llo wing feed b ack from the Committee:
General s ugges tions for d is cus s io n
Exp erienc es with mas o nry and design s tandards that work well in other c ities
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Sofia Nelson, P lanning Directo r
Page 64 of 64