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HomeMy WebLinkAboutAgenda CC 09.22.2009 WorkshopNotice of Meeting of the Governing Body of the City of Georgetown, Texas SEPTEMBER 22, 2009 The Georgetown City Council will meet on SEPTEMBER 22, 2009 at 4:00 P.M. at the Council Chamber at 101 E. 7th Street If you need accommodations for a disability, please notify the city in advance. Policy Development/Review Workshop - A Review of the proposed third round of 2008-2009 Unified Development Code (UDC) Amendments, including an update on future amendments -- Elizabeth A. Cook, Community Development Director Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. B Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas C Sec. 551.074 Personnel Matters - Discussion regarding the goal setting criteria for the City Manager D Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. - Project Apple Adjournment Certificate of Posting I, Jessica Hamilton, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2009, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary City of Georgetown, Texas September 22, 2009 SUBJECT: Review of the proposed third round of 2008-2009 Unified Development Code (UDC) Amendments, including an update on future amendments -- Elizabeth A. Cook, Community Development Director ITEM SUMMARY: Background: This item is a workshop on the third round of Unified Development Code (UDC) text amendments from the 2008-2009 Annual Update List. See the attached PowerPoint presentation, Planning and Zoning Commission staff report, and the draft language for more information and the complete proposed text amendments. The new language for Chapter 3 is shown in blue text and is underlined. New chapters 4, 6, and 7 include some clarifying edits made after the Planning and Zoning Commission hearing. There was not an effective way to compare the existing UDC language to the proposed new chapters. In several instances the language has stayed basically the same, but the format has been modified. The following is a very brief description of changes to the Chapters included in this third part of the annual UDC update with more detailed information provided in the attachments as noted above: Section 3.15 Variance and Special Exception: New provision for Zoning Board of Adjustment (ZBA) to approve a Special Exception as identified in UDC. These changes correspond to new Setback Modification request as identified in Section 4.09.040. Chapter 4 Zoning Districts: Replace with new Chapter 4 that still addresses Zoning and Overlay Districts, but with more detail and clarity. Added new provision to allow ZBA to approve a Setback Modification in Old Town and in Residential and Agriculture Districts where an existing block was acknowledged by the City or created by a plat recorded prior to May 10, 1977. Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards: Replaced the entire chapter that dealt with lot and dimension standards for all Zoning Districts and created a new chapter that addresses lot, dimension, and design standards for all Residential Districts and the Agriculture District. The idea is to have most design and development standards identified by Zoning District rather than lot size or housing type. This section clarifies that non-residential uses in Residential Districts will use the residential dimensional standards and the Non-Residential design standards. Chapter 7 Non-Residential Districts: Lot, Dimensional and Design Standards: Replaced the entire chapter that dealt with design standards for all Zoning Districts and created a new chapter that addresses Non-Residential Zoning District lot and design standards. Revamped design standards to provide more flexibility and clarity of when design requirements come in play. Also, provide for a Director approved alternative building design process, which might allow alternative materials, articulation, and other design or site features that meet the intent of the ordinance. Planning and Zoning Commission Recommendation: On September 1, 2009, the Planning and Zoning Commission unanimously (5-0) recommended approval of the proposed UDC amendments with a request that staff continue work to refine language and include more graphic illustrations. City Council Action: The public hearing and first reading on the third round of UDC amendments are scheduled for October 13, 2009, unless Council would like more time to review the proposed changes. FINANCIAL IMPACT: No financial impact study was made for these amendments. SUBMITTED BY: Elizabeth A. Cook, Community Development Director Cover Memo ATTACHMENTS: P&Z Hearing Report Chapter 3 Chapter 4 Chapter 6 3rd Round UDC Slides Chapter 7 Cover Memo 3rd Round UDC Update • Chapter 3 – Variance section now includes Special Exception process • Chapter 4 – replaced, still Zoning Districts • Chapter 6 – replaced, now Residential Districts and Agriculture District • Chapter 7 – replaced, now Non- Residential Districts Attachment number 1Page 1 of 13 Chapter 3 • Local Government Code allows Zoning Board of Adjustment (ZBA) to review special exceptions to terms of zoning regulations • Special Exceptions will be processed similar to Variances – public notice and hearing, report, etc. • Do not have to meet Variance standard of “hardship” • Expire if not used within 12 months Attachment number 1Page 2 of 13 Chapter 4 • Agriculture (AG) District now a Special Purpose District not a Residential District • Provision to zone land at Annexation a zoning district other than AG – with notice • Refined Zoning District Purpose Statements • Public Facilities (PF) new zoning district Attachment number 1Page 3 of 13 Chapter 4 • Old Town Overlay District updated to reflect requirements that were located in other sections • Setback Modification option added with Special Exception from ZBA for Old Town & older plats • Gateway Overlay District provisions clarified and map updated to reflect revisions • Downtown Gateway now starts at Leander Rd. not Inner Loop Attachment number 1Page 4 of 13 Chapter 6 • Residential & Agriculture District standards based on zoning designation rather than lot size and housing type • Standards located by each Zoning District • Include reference to applicable UDC sections • Residential Estate (RE) & Residential Low Density (RL) Districts used for larger lot residential 1 acre & 10,000 sq. ft. Attachment number 1Page 5 of 13 Chapter 6 • Clarify that Townhouse (TH) & Multifamily (MF) Districts have building material and design requirements • Common open space, when necessary, 2 passive areas or 1 active area required • Gateway Buffer requirements apply to Residential Districts Attachment number 1Page 6 of 13 Chapter 7 • Non-Residential development standards • ETJ minimum lot width 25 feet for new plats • Refined standard chart to add more information & to ensure standards are applicable for Zoning District • Minimum District size – C-3, BP, IN, MU Attachment number 1Page 7 of 13 Chapter 7 • Lot width – 50 feet all Districts, except MU-DT • Build-To or Conventional setback – optional in CN, C-1, OF, PF • Downtown Gateway Build-To required for all Districts – Zero setback from r-o-w or easement • Increase ability to park in side & rear setbacks, with limitations • Roof parapets limited 10 ft above max. building height Attachment number 1Page 8 of 13 Chapter 7 • Building Design Standards now apply to most structures and expansions, but option for exception for expansion • Industrial uses in IN District only on Gateways • Foundation requirements added • Building Materials – Allow more glass for 3rd floor & above – EIFS and cement board like Hardi-plank limited to 40% Attachment number 1Page 9 of 13 Chapter 7 • Building Design Standards – More detail provided for parapet roofs – Solar panels not mechanical equipment • Building Articulation & Architectural Features – Smaller buildings & screened walls may not have to meet articulation – Measurement based on average building height not wall section – Allow flexibility in placement of wall & roof off-sets – All buildings have required architectural features with option to choose type & design Attachment number 1Page 10 of 13 Chapter 7 • Architectural Compatibility required between building walls and multiple building sites. • Alternative Building Design – Director has authority to grant w/ an Administrative Exception • Alternative Design must meet intent, not letter, of design standards • Alternative materials, building location, screening, design elements & techniques, or site design may be considered in approval of alternative • Appeal to ZBA Attachment number 1Page 11 of 13 Recommendations & Next Steps • Task Force – Approval • Planning & Zoning Commission – Approval, asked staff to continue to refine language & add more illustrations • Public Hearing & 1st Reading October 13 • 2nd Reading October 27 Attachment number 1Page 12 of 13 Preview of Future Amendments • Chapter 5 – Zoning Uses is being replaced • Use Table updated & expanded with more uses listed • Uses defined in Chapter 16, if not clear • Limitation section expanded & clarified • Limited fuel service allowed in C-1 • Auto Dealerships & Garage Sale included • Electronic Signs for IH-35 Service Road serving businesses, with limitations Attachment number 1Page 13 of 13 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 1 of 9 Planning & Zoning Commission Meeting: September 1, 2009 Item No. _________ AGENDA ITEM COVER SHEET SUBJECT: Public Hearing and possible action on a recommendation to the City Council regarding adoption of proposed amendments to the Unified Development Code (UDC). BACKGROUND: On October 28, 2008, the City Council approved a revised annual review and amendment process for the Unified Development Code (UDC). The adopted process involves citizen participation in the form of a UDC Task Force, comprised of self appointed members, the general public, the Planning and Zoning Commission, and final decision by the City Council. At the October, 2008 meeting, the Council adopted the UDC Proposed Amendment List for 2008-2009, which was recommended by the Planning and Zoning Commission as well as the UDC Task Force. The updated 2008-2009 List is included here as Exhibit B with the items that will be addressed in this round of amendments highlighted. SUMMARY: During the past several months staff has worked with the UDC Task Force to prepare language for the proposed UDC Amendments. The third round of amendments is being presented to the Planning and Zoning Commission for public hearing. Another group of amendments is anticipated to be ready for hearing at the Commission’s October or November meeting. On August 27, 2009, a public workshop was held to allow for public review of the third group of proposed amendments. Comments received from that workshop have been addressed within the proposed amendments included with this report. An additional public workshop will be held on August 28 to allow additional public review. Comments received from that meeting will be presented to the Commission at their meeting. The following are highlights of the major revisions with the third part of the annual UDC amendment update: Chapter 3 The primary change to Chapter 3 is the addition of a new application process for what will be called a Special Exception. This new process is being added to address a new provision in Chapters 4 and 6 that will allow a setback modification request for older developments where Attachment number 2 Page 1 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 2 of 9 there may have been a practice to build close to the property line, in what is now a setback. Special Exception requests will be heard by the Zoning Board of Adjustment (ZBA) as provided for in the Texas Local Government Code. These requests will be processed similarly to a Variance, but the standard of hardship does not have to be met. See Section 3.15 for the details. Chapter 4 Chapter 4 is being replaced in its entirety. New Chapter 4 will still address the Zoning Districts, including the Special and Overlay Districts. The primary changes include: 1. Adding a new provision in Section 4.03.010 that would permit the City to rezone a newly annexed property to a Zoning District other than Agriculture. This would allow the City to choose another District if deemed more appropriate. 2. Updating the Zoning District Purpose Statements in Section 4.05. These changes refine the Zoning District descriptions to make them more clearly reflect how they should be used. We have also included references to other UDC sections or other publications that should be used for reference, such as the Downtown Design Guidelines. 3. The Agriculture (AG) District has been moved from the list of Residential Districts to the Special Purpose Zoning Districts Section. The AG District is the zoning given newly annexed property as a holding district until a more permanent zoning is requested. While there are some residential developments within the AG District, it typically is for property that is undeveloped or used for agricultural purposes. There are several sections of the UDC that require higher standards for non-residential development adjacent to a Residential District. For example, in the current UDC an office development would be required to provide additional building design treatment for the walls adjacent to an AG District. See Section 4.04.030. 4. The Business Park (BP) District has been refined and now permits, in larger parks, some limited high-density residential. The existing BP District does not allow residential. See Section 4.04.030. 5. There is a new zoning district proposed to be called Public Facility (PF). The PF District provides a location for government and other public or quasi-public facility operations. It may include schools, public parks, hospitals, government offices, churches, and similar uses. This implements a recommendation from the 2030 Plan. See Section 4.04.030. 6. There is a new section added for Special Development Types, which just identifies that there may be Housing Diversity and Conservation Subdivision Developments. Attachment number 2 Page 2 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 3 of 9 See Section 4.05. 7. For amendments to Planned Unit Development District (PUD) revisions, the criteria for revisions have been changed so that an amendment to the PUD will be required in nearly all circumstances. Minor revisions will be addressed through the Site Plan process. See Section 4.06. 8. There are some clarification edits to the Downtown Overlay District section. See Section 4.08. 9. The Old Town Overlay District section has been expanded to include items that were applied to Old Town by reference in the Downtown Overlay District section, such as the Demolition by Neglect provisions and that the Downtown Design Guidelines are used to review Old Town projects for Certificate of Design Compliance. See Section 4.09 10. In the Old Town Overlay District, a new provision has been added to allow for a setback modification. This modification would allow an applicant to construct a new building or addition into the required UDC setback, with Special Exception approval from the ZBA. There would be public notice and a hearing before ZBA prior to taking action. There are restrictions and criteria for ZBA consideration, for example, if the building is replacing an existing structure in the setback, there are other such setback encroachments within the same block, or whether size of the addition is limited. See Section 4.09.040 for more details about this new provision. This section would also be available to other properties within the Residential Single-Family (RS) District for subdivisions created before May 10, 1977. This change is in response to the typical request that comes to the ZBA seeking a Variance to permit the construction of a garage or carport in the required setback. Approval of a Special Exception would not require the level of hardship test that is required for Variances. 11. The Gateway Overlay District has been refined and expanded to include more information about the Gateways within Chapter 4. Some of this information has been moved from Chapter 8, the landscaping chapter. See Section 4.13. 12. The specified roadways have been clarified for each type of Gateway, and in some instances the boundaries of Gateways have been adjusted. For example, the Downtown Gateway along Austin Avenue now starts at the Leander Road intersection rather than north of Inner Loop. Also, a map has been added that identifies the Gateways. See Section 4.13.030. 13. The Downtown Gateways have been reduced from a minimum of 15 feet to 10 feet. See Section 4.13.030.C. 14. Gateway Design Standards have been added to Chapter 4. See Section 4.13.040. These standards include the standards for the Downtown Gateways, such as: a. A zero (0) foot front setback for all non-residential properties, regardless of Attachment number 2 Page 3 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 4 of 9 Zoning District. b. Parking prohibited between the front building line and the edge of the Gateway landscape buffer. c. The front facade of the building must comprise at least 40% of the property’s building line. 15. There are revised provisions related to sidewalks, parking, and utility placement as well as they relate to the City’s Gateways. See Section 4.13.040. Chapter 6 Chapter 6 is being replaced in its entirety. The existing Chapter 6 includes lot design standards for residential and non-residential properties, which include items like building setback and lot dimension information. The new Chapter 6 addresses only Residential Zoning Districts and the Agriculture District and speaks to the lot, site and building design standards for those Districts. The major changes include the following: 1. The primary focus of the changes to Chapter 6 is that rather than using lot size and housing type to determine requirements like setbacks, now those dimensional standards are based on Zoning District. 2. The beginning of Chapter 6 addresses items that apply to all districts. See Section 6.02. 3. Each Zoning District is addressed individually with its standards noted rather than using the same chart to address all Districts standards. There are various housing types that may still be used in some Zoning Districts, but to build that product the District standards will be required. This represents a change as today the lot size and the housing type drive the standards. This change should give more predictability to the public to know the District standards will hold. 4. The Agriculture (AG) District is the only non-residential district included in Chapter 6 because it can also be residential. See Section 6.03 for the AG District standards. 5. The existing RE District has been identified as a District with a minimum lot size of one (1) acre. See Section 6.03.030. This is an existing Zoning District that has not been utilized, but its description closely follows a lot size addressed in the existing Chapter 6. This District is intended for large lot development. 6. The existing RL District has been identified as a District with a minimum lot size of 10,000 square feet. See Section 6.03.040. Again, this is an existing Zoning District that has not been utilized, but its description closely follows a lot size addressed in the existing Chapter 6. 7. The RS District has a minimum lot size of 5,500 square feet and continues to have Attachment number 2 Page 4 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 5 of 9 building design requirements for new construction in subdivisions that were platted under the current regulations. See Section 6.03.050. Those design requirements generally relate to the requirement for a difference in appearance. There is a change to the list of items to help ensure that difference, which is that just being a single-story versus a two-story alone will not satisfy the difference requirement. 8. The Townhouse District has design standards clarified as they relate to building materials and design. See Section 6.03.070. 9. The Multifamily District has a requirement that the non-residential design standards be followed. This has been the practice in the past, but not codified. See Section 6.03.080. 10. The standards related to accessory structures like dwelling units, garages, and carports have been clarified. The existing standards remain similar, but we have tried to explain the provisions more clearly. See Sections 6.06.010 and 6.06.020. 11. For multi unit developments, like apartments, there is a common recreation requirement, which has been modified with the new Chapter 6. Now, there will be a requirement that this required area include at least two of the more passive recreation features or one of the more active amenities. For example, a development could have a pool or have a children’s play area and a landscaped sitting area. See Section 6.05.050.B.3. 12. The Housing Diversity Development Section has been updated to reflect the change from housing type to Zoning District standards. There has been no change to the intent to permit a variety of housing types and to give credits for “Attainable Housing”. See Section 6.07.020. 13. The landscape buffer requirements for the Gateway Overlay Districts will also apply to residential properties. This usually will only come into play with larger residential subdivisions, which most often already provide areas similar to this requirement. Section Chapter 7 Chapter 7 is being replaced in its entirety as well. As with Chapter 6, Chapter 7 has been completely replaced and revamped. The original Chapter 7 contained the site design standards for both residential and non-residential uses. As mentioned before, all of the residential design standards were removed from Chapter 7 and placed into the new Chapter 6. Chapter 7 will now house the lot design standards as well as the site and building design standards for the non-residential zoning districts and uses. Attachment number 2 Page 5 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 6 of 9 With the non-residential regulations from Chapters 6 and 7 combined, the biggest change to the current information was a reorganization for a more logical and user friendly flow. With that said, the more noteworthy of the changes in the standards are as follows. 1. Minimum Zoning District sizes have been established. This would apply to any new zoning request for a particular District. The initial zoning for a particular district would have to meet the minimum acreage for such district. Tracts smaller than the minimum size would only be eligible for the particular district if they were to add onto an existing district boundary. This would not affect the minimum lot sizes allowed within the districts. See Section 7.03.020. 2. Minimum lot widths have been identified and called out for both the city limits and ETJ. This change would establish a minimum lot width of 25 feet for all properties within the City’s jurisdiction. This allows for the minimum fire access standards to be met for all lots. Additionally, the non-residential zoning districts have been given minimum lot widths of 50 feet. The residential districts already have minimum lot widths established that vary per district. See Section 7.02 and Table 7.03.020 for more detail. 3. The Non-Residential Lot and Dimensional Standards Table 7.03.020 has changed and setback and height standards for several districts have been changed. The table has been updated to reflect references to other applicable portions of the Code (i.e., impervious coverage requirements). Also, the Build-to requirement has changed to an option, to be discussed later in this report. The table has also been updated to identify any special setbacks to residential properties within the table, rather than in later text within the Chapter. The CN District has changed from having a 10-foot side setback to a 5-foot setback and from a 35-foot maximum height restriction to a 30-foot to compliment the reduced setbacks. The C-1 District has changed from having a 4-foot side setback to a 10-foot side setback, more in keeping with other districts of its intensity. Finally, the BP District has been updated to hopefully be a more usable district with the City. These changes include removing the minimum lot size (although there is now a minimum district size as mentioned earlier), reducing the side setback when not against residential to 10 feet from 20 feet, establishing a 25-foot side setback against residential, and reducing the rear setback when not against residential to 10 feet from 20 feet. 4. The previously required build-to requirement in the CN and C-1 Districts will now be optional. Requiring a build-to for all projects in the CN and C-1 Districts in the past has been problematic at times. The new provisions will allow, not require, a property to reduce its front setback to zero as long as 25% (up from 15%) of the primary facade of the primary building is built within 5 feet of the front lot line. Additionally, special zero (0) Attachment number 2 Page 6 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 7 of 9 foot setback provisions have been established for properties within the Downtown Gateway Overlay. See Sections 7.03.020 and 7.03.030.B. 5. The applicability of the non-residential building design standards has been changed. The buildings to which the building design standards (materials, articulation, and architectural compatibility) apply to has changed. Previously, the minimum building size that triggered these regulations was 1000 square feet. This has been reduced to 250 square feet with a maximum height of 15 feet so that it truly applies to more of a small accessory type building and does not automatically exempt a small primary structure. Additionally, current regulations exempt industrial uses, allowed only in industrial districts, from the building design requirements including articulation and building materials. The new requirements remove this exception for any walls facing a Gateway roadway. A new requirement has been added for new non-residential buildings to be placed on a permanent slab foundation or an engineered pier and beam foundation. Finally, an addition of less than 20% of the existing building’s size now has the ability to request exception to the requirements with approval by the Director. See Sections 7.04.010 and 7.04.020. 6. Architectural compatibility related sections have been reorganized, collapsed and clarified. Several paragraphs related to the consistency of architectural design were spread throughout the Chapter and several were vague. These regulations have now been consolidated into a new Architectural Compatibility section that better clarifies that the architectural features required of or placed on certain walls of the primary structure are to be carried out throughout the rest of the building walls of the development and to what extent. This section also now establishes the ability to request an alternative compatibility plan. See 7.04.030. 7. Articulation requirements have been clarified and updated to better identify what walls the requirements apply to and simplifies the calculation requirements. This update clarifies that the articulation standards apply to any walls facing public roads, public parks and residential zoning districts. It also now provides for an exception to the requirements for walls meeting certain standards. The articulation calculation has remained at a 3:1 ratio (meaning a wall can not extend further than three times the height without articulating). However, a minimum 60-foot wall length has been established before articulation is required. The current calculations base some dimensional requirement on the width of adjacent planes, which can be cumbersome when determining the requirements. This has been simplified to be 75% of the average height which calculated very similarly to the previous requirements in most situations. This change also has allowed for the architectural off-sets and changes to be looked at as a whole, so the applicant may now propose, with Director’s approval, to design a facade Attachment number 2 Page 7 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 8 of 9 that divides and distributes the required articulation across the building facade as a whole. Finally, buildings 100 feet or more in length or 30 feet or more in height will be subject to additional articulation requirements to break up the building mass. See Section 7.04.040. 8. Building material limitations and options have changed. The masonry requirement has remained at 80% and has been clarified to be of the collective facades. However, the materials have been divided into categories. EIFS and Cemetious Fiberboard (Hardi) will still be allowed to meet a portion of the masonry requirements, but have now been limited to account for only 40% of the total materials on the applicable wall. Additionally, Cementious Fiberboard will now be limited to horizontal plank installation (Hardi-Plank) as opposed to the vertical sheet installation. Glass allowances have now been extended so that the third story and higher of multi-story buildings will not be restricted to 50% glass. Finally, a process will now be in place to allow for approval of alternative building materials. See Section 7.04.050. 9. Additional requirements and clarification has been added for parapets. These include requiring a minimum height of 2 feet, adhering to articulation requirements, providing cornice detailing, requiring similar materials consist with the building walls, and clarifying that they are not considered as part of the building height during calculations for articulation requirements. Additionally, they are now exempt from the height limitations for each Zoning District. Requirements have been added that will limit the extent parapets may intrude into the height limitation without special approval by the Director and, that within the Courthouse View Protection Overlay, they will not be able to intrude at all into the height limitations without Director approval. See Section 7.04.050. 10. Lighting requirements have been increased to limit pole lights to 15-feet when adjacent to residential properties and to establish requirements for canopy lighting. See Section 7.05.020. 11. The Section 7.04.060 that provided for alternative building articulation has been expanded to add more criteria for the review of the Administrative Exception. There are now more elements that may be included in a proposal for an alternative building design. SPECIAL CONSIDERATIONS: The proposed amendments are extensive, and, as of the preparation of this report, may be further refined by staff and the Task Force. Staff will update the Planning and Zoning Commission at their meeting on changes incorporated after the report was transmitted. If the Commission wishes they may postpone action on all or part of the package to allow more time for study. Attachment number 2 Page 8 of 9 Planning & Zoning Commission UDC Amendments 2008-2009 September 1, 2009 Page 9 of 9 RECOMMENDED MOTION: Option 1: Recommend to the City Council Approval of the Proposed Amendments to the Unified Development Code. Option 2: Postpone action until September ________, 2009 at ________ PM. EXHIBITS: Exhibit A Chapter 3 Exhibit B Chapter 4 Exhibit C Chapter 6 Exhibit D Chapter 7 Submitted By: Elizabeth A. Cook Community Development Director Attachment number 2 Page 9 of 9 Section 3.13 Certificate of Design Compliance (Item #42) Section 3.13.010 Applicability E. Certificate of Design Compliance for Certain Infill Development Any new construction or additions that are proposed adjacent to an existing single-family or multi-family residential structure shall be subject to review by the Historic and Architectural Review Commission for a Certificate of Design Compliance to ensure that the proposed construction sensitively relates to the residential and transitional character of the neighborhood and surrounding structures. Section 3.15 Variance (Zoning) and Special Exception (Item #45) 3.15.010 Applicability A. Variance In accordance with the provisions of the Texas Local Government Code Chapters 211 and 231, the Zoning Board of Adjustment (Board) shall have the authority to hear and grant requests for a Vvariance from the zoning provisions of this Unified Development Code. A Vvariance to the development standards of this code will shall be considered an exception to the regulations, rather than a right. Waivers of the standards required for plat approval are not considered Vvariances and must be requested from the Planning & Zoning Commission during the subdivision Plat rReview process. Any Vvariance request up to 10 percent (10%) of any minimum or maximum measurement required by this Code may be treated as an Administrative Exception if the Director agrees to act on recommend the Administrative Exception. B. Special Exceptions In accordance with the provisions of the Texas Local Government Code Chapter 211, the Zoning Board of Adjustment shall also have the authority to hear and decide Special Exceptions to the terms of this Code when the Code requires the Board to do so. 3.15.020 Variance and Special Exception Process A. Initiation Initiation of a request for a zoning Vvariance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent. B. Application Application for a Vvariance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined Attachment number 3 Page 1 of 4 2 necessary by the Director. Format requirements and materials required for the application shall be made available by the Director in advance of any application. C. Completeness Determination Upon submission of an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. D. Staff Review 1. Once an application for a Vvariance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval and prepare a report to the Zoning Board of Adjustment. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a preliminary report to the Director. 4. The Director’s report may include a recommendation for final action. 3.15.030 Criteria for Variance Review A. Required Findings The Zoning Board of Adjustment may authorize a Vvariance from the requirements of the zoning provisions of this Unified Development Code if the variance from the terms of the zoning provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved and substantial justice done. No Vvariance shall be granted unless the ZBA finds all of the following: 1. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Vvariance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. 2. No Substantial Detriment That the granting of the Vvariance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this code. 3. Other Property That the conditions that create the need for the Vvariance do not generally apply to other property in the vicinity. 4. Applicant’s Actions That the conditions that create the need for the Vvariance are not the result of the applicant's own actions. 5. Comprehensive Plan That the granting of the Vvariance would not substantially conflict with the Comprehensive Plan and the purposes of this code. 6. Utilization That because of the conditions that create the need for the Vvariance, the application of this code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. Attachment number 3 Page 2 of 4 3 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Vvariance: a. That the property cannot be used for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. d. That the development objectives of the property owner are or will be frustrated. B. Limitations The Zoning Board of Adjustment may not grant a Vvariance when the effect of which would be any of the following: 1. To allow the establishment of a use not otherwise permitted in the applicable Zoning District. 2. To increase the density of a use above that permitted by the applicable District. 3. To extend physically a nonconforming use of land. 4. To change the Zoning District boundaries shown on the Official Zoning Map. C. Profitability Not to Be Considered The fact that property may be utilized more profitably should a Vvariance be granted may not be considered grounds for a Vvariance. D. Limitation on Variances for Signs No Vvariance for a sign may increase the overall permitted area of a sign. Sign- related Vvariances may only be granted, in accordance with this Section, for height or other location restrictions. No Vvariance application(s) shall be accepted for prohibited signs listed in Section 10.04 (“Signs Prohibited Under this Code”). E. Variances from Floodplain or Stormwater Management Regulations The ZBA may not approve a Vvariance from floodplain or stormwater management regulations. The ZBA shall forward any Vvariance request from floodplain or stormwater management regulations to the City Council for final action. 3.15.040 Criteria for Special Exception Review If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of the certain provisions of this Unified Development Code if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are for the following: Residential Setback Modification pursuant to Section 4.10.040.B. 3.15.040050 Zoning Board of Adjustment Final Action A. Each case before the Board must be heard by at least 75 percent of its members. B. The concurring vote of 75 percent of the members of the board is necessary to approve a Vvariance request or grant a Special Exception. Attachment number 3 Page 3 of 4 4 3.15.050060 Appeal to a Court of Competent Jurisdiction A. Within 10 days after a Zoning Board of Adjustment decision, any of the following persons may present to a District court, county court, or county court at law a verified petition stating that the decision of the Zoning Board of Adjustment is illegal in whole or in part and specifying the grounds of the illegality: 1. a person aggrieved by a decision of the board; 2. a taxpayer; or 3. an officer, department, board, or bureau of the municipality. B. The petition must be presented within 10 days after the date the decision is filed in the Board's office. C. On the presentation of the petition, the court may grant a writ of certiorari directed to the Board to review the Board's decision. The writ must indicate the time by which the Board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the Board the court may grant a restraining order if due cause is shown. D. The Board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The Board is not required to return the original documents on which the Board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. E. If at the Hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision. F. The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the Board unless the court determines that the Board acted with gross negligence, in bad faith, or with malice in making its decision. 3.15.050070 Expiration A Special Exception shall expire twelve (12) months from the date of Board approval, unless: A. A complete Building Permit application has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. B. The Board approval extended the 12 month expiration date and provided for an alternative expiration; however, in no case shall the expiration date exceed 24 months. Attachment number 3 Page 4 of 4 Chapter 4. Zoning Districts Section 4.01 Establishment of Zoning Districts The following Zoning Districts are established for the City of Georgetown as authorized by the City Charter and Chapter 211 of the Texas Local Government Code. Table 4.01.010 Zoning Districts Residential Zoning Districts RE Residential Estate RL Residential Low Density RS Residential Single-Family TF Two Family TH Townhouse MF Multifamily MH Manufactured Housing Non-Residential Zoning Districts CN Neighborhood Commercial C-1 Local Commercial C-3 General Commercial OF Office IN Industrial Special Purpose Zoning Districts AG Agriculture BP Business Park PF Public Facilities PUD Planned Unit Development Mixed-Use Zoning Districts MU-DT Mixed Use Downtown MU Mixed Use Overlay Zoning Districts SP Special Area Plan Overlay D Downtown Overlay OT Old Town Overlay H Historic Overlay CVP Courthouse View Protection Overlay G Gateway Overlay Special Development Types (Apply to more than one District) - Residential Housing Diversity - Conservation Subdivision Section 4.02 Official Zoning Map 4.02.010 Official Zoning Map A. The city is hereby divided into the above Zoning Districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is Attachment number 4 Page 1 of 34 4-2 hereby adopted by reference and declared to be a part of this Unified Development Code (Code). The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the City of Georgetown under the following words: "This is to certify that this is the Official Zoning Map referred to in Section ___, Ordinance No. _____ of the City of Georgetown, Texas." B. If, in accordance with the provisions of this Code and §211.006 of the Texas Local Government Code, as amended, changes are made in the District boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, within five business days after the amendment has been approved by the City Council and signed by the Mayor. C. Approved zoning changes shall be entered on the Official Zoning Map by the Planning and Development Department and each change shall be identified on the Map with the ordinance number making the change. D. No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Code. Any unauthorized change shall be null and void and have no force or effect. E. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Planning and Development Department Office, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. 4.02.020 Digital Mapping Digital maps, created through the use of geographical information system technology, containing registration points recorded on the Texas State Plane Coordinate System, as amended, may be used in the administration and enforcement of this Code, but will not replace the paper originals of official maps required by this Code. 4.02.030 Replacement of Official Zoning Map A. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Council shall, by ordinance, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the City and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. ___ of the City of Georgetown, Texas." B. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. C. The City shall initiate creation of a revised Official Zoning Map consistent with the provisions of this Code. Attachment number 4 Page 2 of 34 4-3 4.02.040 Rules for Interpretation of District Boundaries Where uncertainty exists as to the boundaries of Districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following city limits shall be construed as following such city limits. D. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. E. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. F. Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated in a classification amendment shall be determined by the scale of the map. G. Where physical features, such as streets, railroad lines, rivers, streams and such, existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Director shall make a written interpretation of the District boundaries. 4.02.050 Uniform Application of District Regulations No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the zoning regulations herein specified for the District in which it is located. Section 4.03 Newly Annexed Territory 4.03.010 Initial Default Zoning All new territory hereinafter annexed to the City shall have the initial zoning of Agriculture (AG) Zoning District unless another zoning classification that is consistent with the Future Land Use Plan is proposed by the property owner(s) or the Director. For a zoning to AG, there shall be no special action or hearing required to zone the property after or during the annexation process. For any zoning classification other than AG, the procedures of Chapter 3.06 shall be followed (i.e., notice of zoning, hearing, ordinance adoption). Newly annexed property may begin rezoning procedures to any Zoning District during or upon completion of the annexation process, but may not be approved until annexation is completed. Section 4.04 Zoning District Purpose Statements This Section describes, in purpose statements, the Zoning Districts established in Sections 4.01 and 4.02. Each district is divided into unofficial categories intended to Attachment number 4 Page 3 of 34 4-4 distinguish similar districts. Special Development Types that may be applied to more than one district are described in Section 4.05. 4.04.010 Residential Districts A. Residential Estate District (RE) The Residential Estate District (RE) is intended for areas of very low density single- family residential use and associated uses. The lots are a minimum of one (1) acre in size and may not be served by public utilities. The District is intended to retain a rural character and is appropriate where topography or lack of public utilities and services may necessitate a low density. * For Uses allowed in the RE District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 B. Residential Low Density District (RL) The Residential Low Density District (RL) is intended for areas of low density single- family residential use and associated uses. The RL District is intended to allow larger lots than in the RS District with a minimum of 10,000 square feet. The pattern of residential development and land use closely matches that of the Residential RS District. * For Uses allowed in the RL District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 C. Residential Single-Family District (RS) The Residential Single-Family District (RS) is intended for areas of medium density with a minimum lot size of 5,500 square feet. The RS District contains standards for development that maintain single-family neighborhood characteristics. The District may be located within proximity of neighborhood-friendly commercial and public services and protected from incompatible uses. All housing types in the RS District shall use the lot, dimensional and design standards of the District. * For Uses allowed in the RS District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 D. Two-Family District (TF) The Two-Family District (TF) is intended for two-family dwellings that are located on one lot. The TF District also includes single-family attached and single-family detached development and associated uses. Two-family and single-family dwellings are permitted on individual lots, but the lot, dimensional and design standards are intended for two dwellings in one structure on a single lot. The TF District is a moderate density District that may be used to separate residential areas zoned RE, RL or RS from higher density residential and commercial areas. * For Uses allowed in the TF District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 E. Townhouse District (TH) The Townhouse District (TH) is intended for townhouse and two-family dwellings. The TH District is appropriate for infill development as well as a transition from residential areas to Non-Residential areas. This District is also appropriate in areas Attachment number 4 Page 4 of 34 4-5 designated on the Future Land Use Plan as one of the Mixed Use Land Use Categories. In the TH District, townhomes may be located on a single lot or multiple lots, provided that the provisions of this Chapter are met. * For Uses allowed in the TH District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 F. Multifamily District (MF) The Multifamily District (MF) is intended for multifamily residential development, such as apartments, townhouses, and associated uses. The MF District is appropriate in areas designated on the Future Land Use Plan for higher density and mixed-use and may be located along major thoroughfares. The MF District is appropriate adjacent to both Residential and Non-Residential Districts. * For Uses allowed in the MF District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 G. Manufactured Housing District (MH) The Manufactured Housing District (MH) is intended for the development of manufactured, HUD-code mobile home parks and subdivisions. Manufactured housing subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured housing. The District also includes manufactured housing parks, as defined in this Code. The Manufactured Housing District establishes special area and design requirements for both parks and subdivisions, as well as yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained. * For Uses allowed in the MH District, see Section 5.03 * For Lot and Design Standards, see Section 6.03 4.04.020 Non-Residential Districts A. Neighborhood Commercial District (CN) The Neighborhood Commercial District (CN) is intended to provide areas for small- scale office and commercial activities such as the sale of convenience goods and personal service businesses that primarily serve adjacent residential areas. No uses that adversely affect the health, safety, welfare or residential character of neighborhoods are allowed. Neighborhood commercial areas are generally located within neighborhoods and have pedestrian access to adjacent residential areas. * For Uses allowed in the CN District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 B. Local Commercial District (C-1) The Local Commercial District (C-1) is intended to provide areas for commercial and retail activities that primarily serve residential areas. Uses should have pedestrian access to adjacent and nearby residential areas, but are not appropriate along residential streets or residential collectors. The District is more appropriate along major and minor thoroughfares and corridors. * For Uses allowed in the C-1 District, see Section 5.03 Attachment number 4 Page 5 of 34 4-6 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 C. General Commercial District (C-3) The General Commercial District (C-3) is intended to provide a location for general commercial and retail activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making the C-3 District only appropriate along freeways and major arterials. * For Uses allowed in the C-3 District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 D. Office District (OF) The Office District (OF) is intended to provide a location for offices and related uses. The uses allowed have relatively low traffic generation. Small areas of the OF District may be appropriate adjacent to most residential uses and as a transition between residential areas and commercial areas. * For Uses allowed in the OF District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 E. Industrial District (IN) The Industrial District (IN) is intended to provide a location for manufacturing and industrial activities that may generate some nuisances. Traffic generation will likely include heavy vehicles, making access to a minor or major arterial or a freeway necessary. Unless separated by a major roadway, the Industrial District is not appropriate adjacent to any residential uses. * For Uses allowed in the IN District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 4.04.030 Special Purpose Zoning Districts A. Agriculture District (AG) The Agriculture District (AG) is intended to allow large rural residential development, agricultural, and farming uses and may include lands that are relatively undeveloped. The AG District is also the default district for land newly annexed into the City, but not yet placed in an appropriate zoning classification. For these reasons, the AG District may contain a wide variety of residential and non-residential uses. The AG District may take on characteristics of either a residential or a non- residential zoning district and certain design criteria may be required depending on the use. * For Uses allowed in the AG District, see Section 5.03 * For Lot and Dimensional Standards, see Section 6.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 Attachment number 4 Page 6 of 34 4-7 B. Business Park District (BP) The Business Park District (BP) is intended to provide a location for office, research, and light industrial uses typically located as part of a large development. The BP District may be appropriate adjacent to residential areas, provided that there is adequate buffering and pedestrian and vehicular access to the residential area for workers in the business park. The BP District typically has more traffic than in an office area, but fewer heavy vehicles than in an industrial area. The Business Park District is a special-purpose district because it has a minimum size acreage for limited complementary uses that may expand with the size of the park. Larger parks often include commercial activities such as restaurants, banks, day care and similar uses that are intended to serve the on-site community and may include some limited high-density residential. * For Uses allowed in the BP District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Special Design Standards for BP, see Section 7.03.040 * For Building and Site Design Standards, see Sections 7.04 and 7.05 C. Public Facilities District (PF) The Public Facilities District (PF) is intended to provide a location for government and other public or quasi-public facility operations. These may include schools, public parks, hospitals, airports, government offices, churches and other related uses, but would not include industrial facilities or storage yards. Some uses allowed in this District might generate heavy traffic volumes and high-intensity operations. The PF District shall contain uses that are allowed in both residential and non-residential districts and is subject to non-residential design and landscaping standards for compatibility with nearby or adjacent residential uses. * For Uses allowed in the PF District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 D. Planned Unit Development District (PUD) The Planned Unit Development District (PUD) is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties that are a minimum of three (3) acres in size and are to be developed in accordance with a common development scheme. PUD zoning is designed to accommodate various types of development, including multiple housing types, neighborhood and community retail, professional and administrative areas, industrial and business parks, and other uses or a combination thereof. A PUD may be used to permit new or innovative concepts in land use and standards not permitted by zoning or the standards of this Code. Although greater flexibility is given to allow development in a PUD that would not otherwise be allowed, procedures and standards are established in this Code that are intended to ensure against misuse. * For Special Requirements of a PUD District, see Section 4.06 4.04.040 Mixed-Use Zoning Districts A. Mixed Use Downtown District (MU-DT) The Mixed Use Downtown District (MU-DT) is intended to provide a location for a mix of land uses including general commercial and retail activities, office as well as Attachment number 4 Page 7 of 34 4-8 single-family and multifamily in the downtown area. Developments in the MU-DT District are typically smaller in size and scope although there may be occasionally heavy traffic. The Mixed Use Downtown District is only appropriate in the traditional downtown area of Georgetown. Properties in MU-DT shall meet the design requirements of the Downtown Overlay District and Downtown Design Guidelines. * For Uses allowed in the MU-DT District, see Section 5.03 * For Lot and Dimensional Standards, see Section 7.03 * For Building and Site Design Standards, see Sections 7.04 and 7.05 * For Downtown Overlay District Design Standards, see Section 4.08 * See also the Downtown Master Plan in the Comprehensive Plan * See also the Downtown Design Guidelines, referenced in Section 1.14 B. Mixed Use Development District (MU) The Mixed Use Development District (MU) is intended to provide development standards to promote a dense and active mixed use urban environment that incorporates residential and non-residential uses. The MU District shall be used only in conjunction with the procedures in Section 4.11 and is not intended to accommodate a mix of uses in traditional zoning districts. The district is appropriate in, but not limited to, areas designated as Specialty Mixed Use, Mixed-Use Neighborhood Center and Mixed-Use Community in the 2030 Future Land Use Plan. The MU District contains a series of sub-districts that differ in size, scale, design and allowed uses, to be established as part of a regulating plan prior to zoning approval. The development standards for the MU District also apply to Transit Oriented Development (TOD), which is a specific type development allowed in the MU District. The Mixed Use Development District also allows for a mixed-use development of limited size and scope that requires only one sub-district. Typically, these are projects that have a distinct development plan that does not fit a base zoning district or is limited in developable area. The Urban Village and Urban Neighborhood sub- districts, as defined in Section 4.11, are the only allowable sub-districts for this type of proposal. All requirements of the sub-district and other applicable standards of the MU District apply. * For Specific Standards of the MU District, see Section 4.11. Due to the length of Section 4.11, it may be incorporated into the Code by reference and used as a separate document. 4.04.050 Overlay Zoning Districts A. Special Area Plan Overlay District (SP) The Special Area Plan Overlay District (SP) is intended to provide use and development standards that implement a special area plan. The SP District is appropriate for allowing the gradual transition of primarily residential areas to mixed-use while protecting the built environment. The SP District differs from the PUD District in that it is intended to apply to already-developed areas owned by more than one individual. * For Specific Standards of the SP District, see Section 4.07 Attachment number 4 Page 8 of 34 4-9 B. Downtown Overlay District (D) The Downtown Overlay District (D) is intended to protect the aesthetic and visual character of the Town Square and downtown Georgetown through the establishment of two distinct zones, designated as Area 1 and Area 2. All development within the Downtown Overlay District, except ordinary maintenance and repair, shall be reviewed in accordance with the adopted Design Guidelines by the Historic and Architectural Review Commission, which shall review the location, character, and appearance of proposed development, renovation or redevelopment activity. * For Specific Standards of the Downtown Overlay District, see Section 4.08 C. Old Town Overlay District (OT) The Old Town Overlay District is intended to preserve and protect historic structures, maintain a residential appearance along South Austin and University Avenues, and maintain the integrity of the historic character in the area commonly referred to as Old Town. * For Specific Standards of the Old Town Overlay District, see Section 4.09 D. Historic Overlay District (H) The Historic Overlay District (H) is intended to preserve areas, structures, and landmarks of historical or cultural significance. Each overlay has specific standards, although developments in an Historic Overlay District require a Certificate of Design Compliance from the Historic and Architectural Review Commission. Designated Historic District: Town Square Historic District * For Specific Standards of the Historic Overlay District, see Section 4.10 E. Courthouse View Protection Overlay District (CVP) The Courthouse View Protection Overlay District (CVP) is intended to preserve views of the Williamson County Courthouse from various locations along corridors in Georgetown. * For Specific Standards of the Courthouse View Protection Overlay District, see Section 4.12 F. Gateway Overlay District (G) The Gateway Overlay District (G) is intended to enhance the entry corridors to Georgetown. Various corridors into the city are designated for the purpose of applying additional landscaping and design standards. * For Specific Standards of the Gateway Overlay District, see Section 4.13 Section 4.05 Special Development Types This Section establishes two types of development that may be applied across more than one zoning district. 4.05.010 Housing Diversity Development To encourage Housing Diversity developments, this Code allows flexibility to the development standards and allowable housing types for developments that foster housing diversity. Housing Diversity developments may be located in the RL, RS, TF and TH Districts and shall include at least three (3) types of housing identified in Table 6.08.020, although a greater variety is encouraged. In addition, the Director is Attachment number 4 Page 9 of 34 4-10 authorized to consider alternative standards that would result in projects that meet the intent, if not the letter, of the provisions of this Code in order to attain housing diversity. Housing Diversity lot and dimensional standards can be found in Section 6.07.020. 4.05.020 Conservation Subdivision Development To encourage Conservation Subdivision developments, this Code allows flexibility to development standards in all Zoning Districts for developments that use conservation development practices in order to: protect natural resources, conserve valuable open space, reduce erosion and sedimentation, preserve riparian corridors, provide for walking trails, protect the community water supplies, reduce infrastructure, preserve prime agricultural land, provide smaller streets with less environmental disturbance and plan for overall watershed protection. Attempting to achieve these objectives using the process established in Section 11.06 of this Code qualifies a development as a conservation subdivision eligible for the incentives and flexible development standards. Conservation Subdivision lot and dimensional standards can be found in Section 11.06. Section 4.06 Planned Unit Development District This Section establishes procedures and requirements of a Planned Unit Development District. Planned Unit Developments may be established in any location and may include more than one base zoning district. 4.06.010 General Provisions A. Compatibility with Base Zoning District A PUD is designed to be used in conjunction with a designated base zoning district. An application for PUD zoning shall specify the base District and the uses proposed. If no base zoning exists, the base zoning shall be that zoning designation that is most similar to or compatible with the uses proposed for the PUD. Any uses not permitted in the base District shall be specifically identified. Upon approval of the PUD zoning, the standards and requirements of the base District shall apply unless specifically superseded by the standards and requirements of the PUD Development Plan. B. Compliance with Applicable City Codes The granting of a PUD Zoning District shall not relieve the developer from responsibility of complying with all other applicable sections of this Code, and other Codes and Ordinances of the City of Georgetown, unless such relief is specified in the approved Development Plan. C. Development Plan Required An application for the establishment of a PUD District shall be accompanied by a Development Plan that meets the standards of this Section. The Development Plan shall become a part of the ordinance zoning or rezoning the land as a PUD, if approved by the City Council. D. Development Plan 1. Development requirements for the PUD District shall be set forth in the Development Plan and /or the approving ordinance and shall include, at a minimum, the purpose and intent of the PUD, uses, density, building height, Attachment number 4 Page 10 of 34 4-11 building setbacks, limits of construction, building elevations, parking, vehicular and pedestrian access, streets and circulation, screening, landscaping, environmental protection, signage, lighting, phasing or scheduling, and other requirements as required by the Development Manual, or as the City Council may deem appropriate. The application shall specify the extent to which deviation from otherwise applicable Code requirements is justified by unique characteristics of the site or other circumstances. In the case of residential PUD’s, the proposed lot size shall not be smaller than the lot size allowed in the base District except for minor changes in a small percentage of the lots in order to provide improved design. 2. The following information shall be shown on the Development Plan in a schematic form and at a scale satisfactory to the Director with a reduced reproducible print of the approved drawing suitable for duplication as an exhibit to the PUD ordinance: a. Proposed land uses including uses to be prohibited. b. Existing natural features such as bluffs, sink holes, steep topography, drainage ways, one-hundred year floodplain, if applicable, and existing topography at a maximum of five-foot contour intervals. c. Location of proposed buildings, building envelopes, or building setbacks. d. A tabulation of proposed dwelling unit density in residential areas. e. A tabulation of proposed floor area ratios and maximum heights of proposed buildings. f. Proposed circulation systems, including preliminary street cross-sections. g. Proposed public parks, greenbelts, and other open space. h. Proposed public facilities, i.e. school sites, fire station, etc. i. Location and type of proposed landscaping including existing landscaping. j. Full compliance with Chapters 11 and 12, Environmental Protection and Roadway Adequacy shall also be demonstrated, except as follows: i. If the application is for a development smaller than twenty-five (25) acres, would contain fewer than 5,000 vehicle trips per day, or fewer than 500 dwelling units. ii. If the application does not include or request any changes to the provisions in Chapters 11 and 12 and nothing in the application would indirectly affect the provisions in these chapters. Attachment number 4 Page 11 of 34 4-12 3. Revisions If the Director determines that a proposed revision to the adopted Development Plan is a minor revision, the Director may consider such a revision in connection with approval of a Site Plan pursuant to Section 3.09 Site Plan Review. Major revisions shall require an amendment to the PUD ordinance to be processed pursuant to Section 3.06. Section 4.07 Special Area Plan Overlay District This Section contains specific standards for designated Special Area Plan (SP) Overlay Districts. The standards for this Section must be met in addition to any standards of the underlying District. 4.07.010 Designation of SP District A. The SP District may be established in any base District other than the PUD or IN District. An SP District may be established over more than one base District. B. The SP District will be established only by action of the City Council, following the procedures for establishment of a Planned Unit Development, with the Director acting as the applicant. 4.07.020 Permitted Uses Any use permitted in the underlying base Districts shall also be permitted in an SP District, unless otherwise limited by the particular SP District regulations. 4.07.030 Special Area Plans Established This Section contains all adopted Special Area Plans that govern areas zoned under the Special Area Plan Overlay District (SP). Established Special Area Plans are as follows: 1. Williams Drive (F.M. 2338) SP, as established in Section 4.07.040, below. 4.07.040 Standards for the Williams Drive SP The following standards are adopted to allow an orderly transition of land use from residential use to relatively small scale office use of lots and parcels fronting Williams Drive, west of Interstate 35, while maintaining a predominantly residential property appearance and building scale. These standards apply to all properties fronting on Williams Drive between Shannon Lane and Power Road. Any special site design standards for areas zoned Williams Drive SP that are in conflict with any standards of the underlying OF District shall govern. A. Permitted Uses The following uses are permitted within the Williams Drive SP District: 1. Insurance Office; Real Estate Office; Office for Attorneys, Architects, Accountants, Engineers and similar professionals; Counseling in an Office Setting Arts and Crafts Studio; Attachment number 4 Page 12 of 34 4-13 Artist or Photographic Studio; Travel Agency; Investment Broker; Business Management Consultant; Office for Nonprofit Organization; Tailor or Upholsterer; and Any Residential use permitted in the RS District. B. Uses Subject to a Special Use Permit The following use(s) are permitted within the Williams Drive SP District only if approved by a Special Use Permit in accordance with the procedures in Section 3.07: Medical Offices providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, or similar practitioners of medical and healing arts for humans, licensed for such practice by the state. C. Special Site Design Standards 1. Impervious Cover Total impervious cover shall not exceed 55% of the lot area. 2. Principle Structure Buildings shall maintain a single-family detached residential appearance and scale. a. Building Height Maximum building height shall be 35 feet. Buildings shall contain not more than two and one-half (2 1/2) stories. b. Roof Roof material shall not be a bright or highly reflective material. All roof mounted equipment shall be screened in accordance with Section 8.09.020. 3. Driveways Minimum distance between driveways accessing Williams Drive shall be 150 feet. Minimum distance from any driveway to a street right-of-way intersecting Williams Drive shall be 200 feet. Driveways existing prior to designation of the SP District shall not be allowed to remain as non- conforming driveways. Any driveway accessing a street which intersects Williams Drive shall be placed as far as possible from the Williams Drive intersection. 4. Parking a. Maintenance of the residential appearance of buildings is furthered by the retention of front lawns free of vehicle parking. One off-street parking space shall be provided for each 300 square feet of floor area of the principle structure. All off-street parking spaces shall be located to the side or rear of the building and screened from view in accordance with the regulations set forth in Section 8.09.010. Attachment number 4 Page 13 of 34 4-14 b. All parking spaces between the projected front and rear building walls shall be screened from view from Williams Drive by a vegetative screen or fence or wall having a minimum height of three (3) feet. Parking spaces on any lot without a principle structure shall be to the rear of a line connecting the fronts of adjacent buildings. All parking spaces shall be on a paved surface, as that term is defined in this Code. 5. Buffers Visual screening shall be installed and maintained along all rear property lines adjoining a District more restrictive than the Williams Drive SP District, in conformance with the requirements of a Type C Bufferyard, pursuant to Section 8.09.030. 6. Signs Permitted signs shall be restricted to one (1) freestanding monument sign the total sign area of which shall be limited to a maximum of forty (40) square feet and have a maximum height of five (5) feet pursuant to the following locations: a. Permanent signs shall be restricted to those advertising the use conducted on the premises; b. Electronic message center signs are prohibited; c. Temporary or portable commercial signs are prohibited. 7. Accessory Uses a. Accessory uses shall be restricted to those uses which are compatible with the low intensity of the allowed primary uses and with adjacent residential use. Waste containers shall be screened pursuant to the requirements of Section 8.05.040. b. Accessory buildings and carports shall be of similar construction to the principle structure. 8. Lighting All exterior lighting shall conform to the outdoor lighting requirements in Section 7.05. 9. Drainage Increased run-off resulting from conversion to Williams Drive SP District use shall be detained on-site or shall be diverted from adjacent property in conformance with stormwater drainage requirements of this Code. 10. Required Setbacks a. The minimum side setback shall be ten (10) feet; b. The minimum rear setback shall be ten (10) feet; c. The minimum front setback shall be twenty-five (25) feet. Section 4.08 Downtown Overlay District This Section contains specific development and design standards for the Downtown Overlay District (D) for the City of Georgetown. The development and design standards contained within this Section are intended to supplement any development and design Attachment number 4 Page 14 of 34 4-15 standards of an underlying base District within the area specified as the Downtown Overlay District. 4.08.010 General Provisions A. Establishment The Downtown Overlay District was established by the City Council as part of adoption of Ordinance No. 2001-48 on August 28, 2001. B. Delineation of District The Downtown Overlay District includes all the land within the boundary of this District shown on the Official Zoning Map. Within the delineated Downtown Overlay District, any lot or parcel of land located at least partially within the District shall follow these requirements for the entire lot or parcel. C. Certificate of Design Compliance Required All new development and changes to existing development located in the Downtown Overlay District must receive a Certificate of Design Compliance from the Historic and Architectural Review Commission (HARC) before proceeding. Ordinary maintenance and repair shall not require a Certificate of Design Compliance. 1. Design Guidelines A Certificate of Design Compliance will be issued if HARC determines that the new development or change is consistent with the Design Guidelines for the Downtown Overlay District as adopted pursuant to Ordinance No. 2001-48 and this Code. 2. General Review Criteria a. The proposed work complies with the Design Guidelines; b. The integrity of an individual historic structure is preserved; c. New buildings or additions are compatible with surrounding historic properties within the Downtown Overlay District; and d. The overall character of the Downtown Overlay District is protected. D. Exemption for Projects Not Visible from Public Rights-of-Way If the Historic Preservation Officer determines that a proposed development will not be significantly visible from a public right-of-way once the project is completed, the project shall not be required to be reviewed by HARC and no Certificate of Design Compliance shall be required. E. Use Regulations Subject to review by HARC for design compliance, all uses permitted or conditionally permitted in the underlying Districts shall continue to be permitted or conditionally permitted, respectively. HARC shall not have the authority to approve the specific use of a site. F. Demolition by Neglect 1. No owner, or person with an interest in the real property, of a property located in the Downtown Overlay District shall permit the property to fall into a serious state of disrepair so as to result in deterioration which would, in the Attachment number 4 Page 15 of 34 4-16 judgment of the Historic Preservation Officer and the Building Official, produce a detrimental effect upon the life and character of the property itself. 2. Examples of such deterioration include, but are not limited to, the following: a. Deterioration of walls or other vertical supports; b. Deterioration of roofs or other horizontal members; c. Deterioration of exterior chimneys; d. Deterioration or crumbling of exterior stucco or mortar; e. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; f. Deterioration of exterior walls, doors, windows or other means of interior access, so as to create a danger of trespassing; or g. Deteriorated plumbing and electrical systems affecting the exterior of the structure; or h. A hazardous condition resulting from the deterioration of any exterior feature, which might indicate that demolition is necessary for the public safety. 3. The Building Official and Historic Preservation Officer of the City of Georgetown shall determine the “serious state of disrepair” in accordance with the most current form of the International Property Maintenance Code. 4. Upon identification of any property in possible violation of this section, the Building Official shall notify the property owner, or person with interest in the real property, of the possible violation. Such notification shall be in writing and be mailed by certified mail, return receipt requested. The notification shall state the nature of the possible violation with sufficient specificity to enable the owner, or person with an interest in the real property, to bring the property into compliance with this section. The notification shall also state that the owner, or person with an interest in the real property, shall have 90 days to bring the property into compliance with this Section, otherwise the Building Official will seek enforcement of this Section under the provisions of Chapter 1.08 – General Penalty, of the Georgetown Municipal Code. After the expiration of the 90-day grace period the Building Official and Historic Preservation Officer will reinspect the property. If the property is still not in compliance with this Section, enforcement proceedings shall begin under Chapter 15.40 – Dangerous Buildings, of the Georgetown Municipal Code. 5. Should compliance with this Section require more than ordinary maintenance and repair the property owner, or person with interest in the real property, shall still be subject to Section 3.13 Certificate of Design Compliance. 4.08.020 Development Regulations The development regulations of the underlying zoning district shall apply in the Downtown Overlay District, except where such regulations are in conflict with the adopted Downtown Design Guidelines and as expressly set forth below. In the event of a conflict between the development regulations of the underlying zoning district and the Downtown Design Guidelines, the Downtown Design Guidelines shall apply. In the Attachment number 4 Page 16 of 34 4-17 event of a conflict between the development regulations of the underlying zoning district and the provisions of this Section, the provisions of this Section shall apply: A. Height 1. Building height in the Downtown Overlay District shall not exceed forty (40) feet, unless approved by HARC in accordance with the following procedures set forth in Section 4.08.020(B), below. 2. Buildings located along the portion of Austin Avenue that lies within the boundaries of the Downtown Overlay District shall be at least two (2) usable stories in height with an overall building height of not less than twenty (20) feet, subject to compliance with the Courthouse View Protection Overlay District of Section 4.12, and unless approved by HARC in accordance with the procedures set forth in Section 4.08.020.B, below. B. Requests for Height Exceptions 1. Applicants requesting exceptions to the building height standards set forth in Section 4.08.020.A must submit documentation to HARC that the following standards will be met if the requested exception to the height standards is approved: a. The proposed building or addition shall not obscure views to and from the Courthouse or overwhelm or detract from views of the Town Square Historic District; b. The proposed building or addition shall be compatible with the height, scale, massing, and volume reflected in the Downtown Overlay District and shall not conflict with the historic character of the District; and c. The proposed building shall be an extraordinary contribution to the aesthetic and economic goals of the Downtown Master Plan. 2. The documentation required by Section 4.08.020.B.1 must include, at a minimum, the following information: a. A visual analysis that identifies: i. The extent to which the building would impact views to and from the Courthouse, and to what extent the building will be visible from four (4) directions; and ii. How the building will relate to the context of the surrounding structures and the character of the District; and b. A summary of the conclusions of the visual analysis as to how the proposed building will impact the District, specifically the immediate surroundings. 3. HARC may grant a request for a variation in height from the standards set forth in Section 4.08.020.A only if it determines that the following goals or purposes will still be achieved: a. Views to and from the Courthouse and to and from the Town Square Historic District will be protected; and b. The character of the Downtown Overlay District and the Town Square Historic District will be defined, reinforced, and preserved; and Attachment number 4 Page 17 of 34 4-18 c. The relationship of the proposed project to the existing structures in the immediate vicinity remains consistent; and d. The proposed project allows for the best utilization of redevelopment in the Downtown Overlay District and the Town Square Historic District; and e. The proposed project protects the historic buildings in the Downtown Overlay District. C. Building Height Exceptions Notwithstanding the provisions of Section 4.08.020.B, no requests for building height exceptions will be allowed for new buildings proposed to be constructed on properties where a building contributing to the Williamson County Courthouse Historic District, or any building individually listed on the National Register of Historic Places that is within the Downtown Overlay District has been demolished or otherwise removed. In addition, all proposed demolition and removal shall be subject to the procedures set forth in Section 3.13.040. A list of the properties within the Downtown Overlay District and the Town Square Historic District that are individually listed on the National Register of Historic Places, or are contributing structures to the Williamson County Courthouse Historic District, is maintained within, and available from, the offices of the Director. D. Setbacks Building setbacks adjacent to public rights-of-way in the Downtown Overlay District shall generally be assumed to be zero (o) feet, or “built to” the right-of-way line. HARC shall review such setbacks on a case-by-case basis in accordance with the adopted Design Guidelines. E. Parking There shall be no off-street parking requirement in Area 1 of the Downtown Overlay District. In Area 2 of the Downtown Overlay District, the parking standards of Table 9.02.030.A shall apply. Alternative parking plans, as described in Section 9.02.050.A of this Code may be used. F. Signs The sign standards shall be those contained within the Downtown Design Guidelines. In the event that no standards exist, the standards in this Code shall apply, and may be modified in order to more accurately reflect the express language or the intent of the Design Guidelines in regard to signs. G. Landscaping and Buffering Site landscaping requirements shall be those contained within Chapter 8 of this Code in conjunction with the design criteria in the Downtown Design Guidelines. Section 4.09 Old Town Overlay District 4.09.010 Purpose and Intent The purpose of the Old Town Overlay District (OT) is to preserve and protect historic structures, maintain a residential appearance along South Austin and University Attachment number 4 Page 18 of 34 4-19 Avenues and the District as a whole, and maintain the integrity of the historic character. This Section contains specific development and design standards for the Old Town Overlay District for the City of Georgetown. The development and design standards contained within this Section apply in addition to the development and design standards of an underlying base District within the area specified as the Old Town Overlay District. 4.09.020 Applicability Any property within the boundaries of the District that falls within the categories identified in this Section shall meet the standards in the Design Guidelines for the Downtown Overlay District and obtain a Certificate of Design Compliance (Section 3.13) from the Historic and Architectural Review Commission (HARC). A. District Boundaries The Old Town Overlay District is bounded on the north by 2nd Street; on the east by Holly Street, the railroad tracks, University Avenue, and Hutto Road; on the south by 17th, 18th, and 19th Streets; and on the west by the properties on the western side of Austin Avenue and the boundaries of the Downtown Overlay District. Old Town Overlay District abuts, but does not include the Downtown Overlay District. The boundaries are depicted on the map incorporated below. Old Town Overlay District This map is available for viewing at the Planning and Development Department office, or as a downloadable map at http://www.georgetown.org/maps.overview.php. Attachment number 4 Page 19 of 34 4-20 B. Certificate of Design Compliance Required 1. A Certificate of Design Compliance from HARC is required for: a. Any exterior alterations to the following types of structures: i. Commercial structures; ii. Non-residential structures; iii. Bed and Breakfasts; or iv. Residential structures, if such residential structures are used as or changing to non-residential or commercial use. b. Any new construction on vacant properties within the Old Town Overlay District if the property is: i. Zoned for non-residential use; ii. Located in the TH or MF Districts; or iii. Changing from a residential use to a non-residential or commercial use. c. Site changes for non-residential or commercial uses. 2. Ordinary maintenance and repair shall not require a Certificate of Design Compliance. C. General Review Criteria HARC shall use the following general review to determine whether to approve a Certificate of Design Compliance: 1. Whether the proposed work complies with the Design Guidelines for the Downtown Overlay District as adopted pursuant to Ordinance No. 2001-48, as may be amended from time to time; 2. Whether the integrity of an individual historic structure is preserved; 3. Whether new buildings, additions, or site changes are designed to be compatible with surrounding historic properties within the Old Town Overlay District; and 4. Whether the overall character of the Old Town Overlay District is protected. D. Use Regulations Subject to review by HARC for design compliance, all uses permitted or conditionally permitted in the underlying Districts shall continue to be permitted or conditionally permitted, respectively. HARC shall not have the authority to approve the specific use of a site. E. Exemption for Projects Not Visible from Public Rights-of-Way If the Historic Preservation Officer determines that a proposed non-residential project will not be significantly visible from a public right-of-way once the project is completed, the project shall not be required to be reviewed by HARC and no Certificate of Design Compliance shall be required. Attachment number 4 Page 20 of 34 4-21 F. Demolition by Neglect 1. No owner, or person with an interest in the real property, of a property located in the Old Town Overlay District shall permit the property to fall into a serious state of disrepair so as to result in deterioration which would, in the judgment of the Historic Preservation Officer and the Building Official, produce a detrimental effect upon the life and character of the property itself. 2. Examples of such deterioration include, but are not limited to, the following: a. Deterioration of walls or other vertical supports; b. Deterioration of roofs or other horizontal members; c. Deterioration of exterior chimneys; d. Deterioration or crumbling of exterior stucco or mortar; e. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; f. Deterioration of exterior walls, doors, windows or other means of interior access, so as to create a danger of trespassing; g. Deteriorated plumbing and electrical systems affecting the exterior of the structure; or h. A hazardous condition resulting from the deterioration of any exterior feature, which might indicate that demolition is necessary for the public safety. 3. The Building Official and Historic Preservation Officer shall determine the “serious state of disrepair” in accordance with the most current adopted edition of the International Property Maintenance Code. 4. Upon identification of any property in possible violation of this Section, the Building Official shall notify the property owner, or person with interest in the real property, of the possible violation. Such notification shall be in writing and be mailed by certified mail, return receipt requested. The notification shall state the nature of the possible violation with sufficient specificity to enable the owner, or person with an interest in the real property, to bring the property into compliance with this Section. The notification shall also state that the owner, or person with an interest in the real property, shall have 90 days to bring the property into compliance with this Section, otherwise the Building Official will seek enforcement of this Section under the provisions of Chapter 1.08 – General Penalty, of the Georgetown Municipal Code. After the expiration of the 90-day grace period the Building Official and Historic Preservation Officer will reinspect the property. If the property is still not in compliance with this Section, enforcement proceedings shall begin under Chapter 15.40 – Dangerous Buildings, of the Georgetown Municipal Code. 5. Should compliance with this Section require more than ordinary maintenance and repair, the property owner, or person with interest in the real property or structure, shall be subject to Section 3.13 Certificate of Design Compliance, if otherwise applicable. 4.09.030 Development Regulations Attachment number 4 Page 21 of 34 4-22 The development regulations of the underlying zoning district shall apply in the Old Town Overlay District, except where such regulations are in conflict with the Downtown Design Guidelines and as set forth below. In the event of a conflict between the development regulations of the underlying zoning district and the Downtown Design Guidelines, the Downtown Design Guidelines shall apply. In the event of a conflict between the development regulations of the underlying zoning district and the provisions of this Section, the provisions of this Section shall apply: A. Parking The parking standards of Table 9.02.030.A shall apply. Alternative parking plans, as described in Section 9.02.050.A of this Code, may be considered. B. Signs The sign standards contained within the Downtown Design Guidelines shall apply. In the event that no standards exist, the standards of this Code shall apply and may be modified in order to more accurately reflect the express language or the intent of the Downtown Design Guidelines with regard to signs. C. Landscaping and Buffering Site landscaping requirements contained within Chapter 8 of this Code shall apply, in conjunction with the design criteria in the Downtown Design Guidelines. 4.09.040 Special Exception for Setback Modification A. General Applications for a Special Exception for a setback modification shall be subject to the provisions of this Section and to the procedures set forth in Section 3.15. Prior to the Board’s consideration of an application for a Special Exception under this Section, published, posted, and written notice shall be given to those property owners within 200 feet of the subject property and to those owners within the subject block. Any comments received will be considered in the Board’s determination to grant a Special Exception to allow a setback modification. B. Review Criteria The Zoning Board of Adjustment (Board) shall base a decision to allow setback modification on review of the factors included in this Section and the site’s specific circumstances. The Board shall consider the following criteria and standards in determining whether to grant a Special Exception for a setback modification(s): 1. If the proposed setback modification is solely a matter of convenience, no Special Exception shall be granted. 2. If there is adequate room on the site to allow the proposed addition or new structure without obtaining a Special Exception, no Special Exception shall be granted. 3. The fact that a property may be utilized more profitably if a Special Exception is granted shall not be considered a sufficient basis for granting a Special Exception. 4. Whether, if the Special Exception is granted: a. The proposed setback modification is compatible and in context within the block in which the subject property is located. Attachment number 4 Page 22 of 34 4-23 b. The existing building envelope, including the main structure and any accessory structures, occupied the site in the past 1 year. c. The existing structure is being replaced with new construction that meets the same dimensions and standards within the same footprint as the existing structure. d. The proposed new structure will be less than 125% of the size of the structure it is replacing. e. The proposed addition will be less than 25% of the size of the existing structure to which it is being added. f. The proposed addition or new structure will be set closer to the street than any unit within the block. g. The proposed addition or new structure will be less than 125% of the average size of other similar structures within the same block that are located within the setback. h. The proposed addition or new structure would negatively impact adjoining properties by hampering their ability to develop within the required setbacks or maintain existing and future buildings. i. There is adequate space for future and long-term maintenance of the proposed addition or new structure and any adjoining structures. j. The maintenance or location of fences or other structures are negatively impacted. k. Existing large trees or significant features of the lot are preserved. 5. The presence of other structures in the block with reduced setbacks does not automatically entitle another property to have the same reduced setbacks. All applications shall be considered in detail on a case-by-case basis. C. Conditions Applicable to All Special Exceptions for Setback Modification If the Special Exception is granted, the following conditions shall be met: 1. The building and/or lot shall be in compliance with the International Fire Code, as adopted by the City of Georgetown (see City Code of Ordinances Chapter 8.04). For example, there will be non-combustible construction requirements for buildings constructed within setbacks. 2. Any building that encroaches into the minimum setbacks of this Code by an approved Special Exception for setback modification shall be limited to fifteen (15) feet in height. 3. If the lot has platted setbacks in excess of the minimum standards of this Code, the more restrictive setback (i.e. larger setback) shall apply, unless the Planning and Zoning Commission has granted a waiver of the platted setback. 4. Any setback modification granted shall apply only to the structure proposed with the Special Exception application and shall not apply to other structures or improvements on the property that are not permitted in a setback. Attachment number 4 Page 23 of 34 4-24 Section 4.10 Historic Overlay District The following standards establish any provisions that apply to designated Historic (H) Overlay Districts and provides specific standards for any established Historic Overlays. The standards of this Section supplement the standards for any underlying District. 4.10.010 General Provisions A. Designation of Existing Historic Sites Any existing City-designated historic landmark, site or District in the city at the time of adoption of this Code is designated as an Historic Overlay District. Any special requirements or standards for such existing sites shall continue to apply to the Historic Overlay District. Established Historic Overlay Districts are as follows: 1. Town Square Historic District, as defined in Section 4.10.020. The Town Square Historic District shall be subject to all requirements of the Downtown Overlay District and Downtown Design Guidelines in addition to any requirements of this Section. B. Certificate of Design Compliance Required for Development A Certificate of Design Compliance is required prior to commencing any development in any Historic Overlay District. C. Each Historic Overlay Unique Each designated Historic Overlay District may have unique standards that are described in the adopting ordinance for that District. Standards for underlying Districts remain in effect unless supplanted by the District-specific standards. D. Historic Overlay Standards All areas designated as Historic Overlay Districts shall be subject to the following standards or requirements: 1. Any regulations for a specific Historic Overlay District shall apply to all properties or structures wholly contained within that District and to those portions of any property or District located within the District. 2. Because the Historic Overlay District is an Overlay District, the regulations for the underlying Zoning District shall remain in effect, except as otherwise provided in this Code. 3. In case of any conflict between the regulations applicable in the underlying District and the regulations of the Historic Overlay District, the regulations of the Overlay District will take precedence, even where the applicable regulation may not be the “higher” standard. 4. The findings adopted by the City Council for a specific Historic Overlay District shall define the scope of the City’s interest in protecting the historic resource and shall provide the guidelines to be used by the Historic and Architectural Review Commission (HARC), along with the applicable regulations, in considering whether to grant or deny a Certificate of Design Compliance. Attachment number 4 Page 24 of 34 4-25 E. General Guidelines In all of its determinations of architectural appropriateness and historical integrity in the design and construction of buildings or signs in historic Districts, HARC shall use the book entitled, “The Secretary of the Interior's Standards for the Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and Reconditioning,” and the following criteria as guidelines. 1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged. 4. Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity. 6. Deteriorated architectural features are to be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface clearing of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken without approval from HARC. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and when such design is compatible with the size, scale, color, materials, character of the property, neighborhood or environment. Wherever possible, new additions or alterations to a structure shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Attachment number 4 Page 25 of 34 4-26 F. Supplemental Guidelines HARC may develop and the City Council may approve supplemental guidelines as it may deem necessary to implement the regulations of a particular Historic Overlay District or the findings applicable to the designation of a particular Historic Overlay District. Such guidelines may include, but are not limited to, the following. 1. Charts or samples of acceptable materials for siding, foundations, roofs or other parts of buildings; 2. Illustrations of appropriate architectural details; 3. Numerical specifications of appropriate rhythms or proportions; 4. Specifications of appropriate relationships to streets, sidewalks, other structures and buildings; 5. Illustrations of appropriate porch treatments or entrances; or 6. Illustrations of appropriate signage or street furniture. F. Demolition by Neglect 1. No owner, or person with an interest in the real property, of a property located in the Historic Overlay District shall permit the property to fall into a serious state of disrepair so as to result in deterioration which would, in the judgment of the Historic Preservation Officer and the Building Official, produce a detrimental effect upon the life and character of the property itself. 2. Examples of such deterioration include, but are not limited to, the following: a. Deterioration of walls or other vertical supports; b. Deterioration of roofs or other horizontal members; c. Deterioration of exterior chimneys; d. Deterioration or crumbling of exterior stucco or mortar; e. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; f. Deterioration of exterior walls, doors, windows or other means of interior access, so as to create a danger of trespassing; or g. Deteriorated plumbing and electrical systems affecting the exterior of the structure; or h. A hazardous condition resulting from the deterioration of any exterior feature, which might indicate that demolition is necessary for the public safety. 3. The Building Official and Historic Preservation Officer of the City of Georgetown shall determine the “serious state of disrepair” in accordance with the most current form of the International Property Maintenance Code. 4. Upon identification of any property in possible violation of this section, the Building Official shall notify the property owner, or person with interest in the real property, of the possible violation. Such notification shall be in writing and be mailed by certified mail, return receipt requested. The notification shall state the nature of the possible violation with sufficient Attachment number 4 Page 26 of 34 4-27 specificity to enable the owner, or person with an interest in the real property, to bring the property into compliance with this section. The notification shall also state that the owner, or person with an interest in the real property, shall have 90 days to bring the property into compliance with this Section, otherwise the Building Official will seek enforcement of this Section under the provisions of Chapter 1.08 – General Penalty, of the Georgetown Municipal Code. After the expiration of the 90-day grace period the Building Official and Historic Preservation Officer will reinspect the property. If the property is still not in compliance with this Section, enforcement proceedings shall begin under Chapter 15.40 – Dangerous Buildings, of the Georgetown Municipal Code. 5. Should compliance with this Section require more than ordinary maintenance and repair the property owner, or person with interest in the real property, shall still be subject to Section 3.13 Certificate of Design Compliance. 6. The provisions of this Section shall be in addition to all other provisions of law requiring any such improvement to be kept in good repair. 4.10.020 Town Square Historic District The City Council designated the Town Square Historic District by the adoption of Ordinance No. 2001-48, the confines of which are defined as follows: A. All lots in Blocks 37, 38, 39, 40, 41, 50, 51 and 52 of the City of Georgetown, Texas, according to the map of plat thereof of record and which lots are all of those properties on the nine blocks surrounding and including the property that may commonly be referred to as the Public Square or Court House Square of the City of Georgetown, Williamson County, Texas. B. This District shall be zoned as a Historic Overlay District and shall be subject to the provisions of this Code. Section 4.11 Mixed Use District Due to the length of this Section, the Mixed-Use District is adopted and used as a separate document. As such, it also contains language that supersedes provisions in later Chapters of this Code, such as Lot Design Standards, Landscape Standards, etc. Contact the Planning and Development Department for a copy of this Section or see the Department web page at http://georgetown.org/departments/ds/. Section 4.12 Courthouse View Protection Overlay District 4.12.010 Purpose and Intent The Williamson County Courthouse provides a cultural, symbolic and historic resource unique to the City of Georgetown. Residents, visitors and the traveling public currently enjoy broad views of the Courthouse Dome from several corridors. The purpose of this Section is to ensure that future development along the identified view corridors does not lead to the loss of the views of the Courthouse Dome. It is the intent that these broad views be protected, to the extent feasible, by means of careful siting of buildings and with consideration given to how the overall height of buildings impact those views. Attachment number 4 Page 27 of 34 4-28 Compliance with the requirements of this Section will be verified during the Site Plan Review process. 4.12.020 Applicability Where Site Plan review is required in accordance with Section 3.09, the Courthouse View Protection Overlay shall be applied to all properties within the view corridors listed below. The areas within the corridors listed below are not exact and are depicted graphically on the Courthouse View Protection Overlay District Map. The Planning and Development Department shall confirm applicability at a parcel level. A. I-35 View Corridor 1. Properties located in the shaded areas between the Williamson County Courthouse, the western (southbound) lanes of I-35 south of Northwest Boulevard beginning at 393 North IH 35 to the intersection at State Highway 29 (University Avenue), and 2. Properties lying within the protected view corridor along IH-35 from the State Spur 26 (Austin Avenue) Overpass to the Courthouse Dome. B. Austin Avenue View Corridor 1. Properties within the protected view corridor projecting north from the Williamson County Courthouse to State Spur 158 (Austin Avenue) at FM 971 and continuing north to County Road 151 the width of the State Spur 158 (Austin Avenue) right-of-way, and 2. The Austin Avenue entrances to the downtown area from University Avenue north to the Williamson County Courthouse and from Spring Street south to the Williamson County Courthouse. Courthouse View Protection Overlay District Attachment number 4 Page 28 of 34 4-29 This map is available for viewing at the Planning and Development Department or as a downloadable map at http://www.georgetown.org/maps.overview.php. 4.12.030 Maximum Height Determination Required All properties are permitted to build a structure of a single story, which is designed to minimize the impact on the protected view. All other structures proposed within the view corridors may not exceed the height of the plane delineating the corridor as determined by the Height Calculation Formula in paragraph "D" below. The maximum height permitted is the lesser of either the base zoning district maximum height or the maximum height permitted in this Section. A. Application for Height Determination Prior to Site Plan application, properties within the Courthouse View Protection Overlay District proposing to build a new structure or expand an existing structure shall submit an Application for Height Determination to establish the requirements of this district as they may relate to a specific property. An application form shall be submitted including the required calculations showing the elevations of the Review Site, View Point, proposed height of building, and distances from View Point to Review Site to Courthouse, which establishes the allowable height according to the Height Calculation formula. An aerial map of the proposed site and Courthouse and View Point elevations may be obtained from the City of Georgetown. For specific definitions of the terms of this Section, refer to Chapter 16 of this Code. B. Elevation Study Required Attachment number 4 Page 29 of 34 4-30 As part of the Height Determination review, sites that lie within the Courthouse View Protection Overlay District shall be required to submit an elevation study illustrating the potential impact of all buildings in the project on the protected view of the Williamson County Courthouse Dome. C. Review Elements Review of the Application for Height Determination and associated elevation study shall consider the following elements: 1. Height Within the Courthouse View Protection Overlay District, structure height shall be limited to avoid blocking the view to the Williamson County Courthouse Dome. Examples of design techniques to meet this requirement include: a. Overall reduction of height; and b. Stepping back the building height. 2. Location Within the Courthouse View Protection Overlay District, structures shall be located to minimize the possible impact on the view to the Williamson County Courthouse Dome. Location of parking as it relates to the building shall be designed to best preserve the view of the Courthouse. Examples of techniques to avoid location impacts include: a. Relocation of building on the site outside the view corridor; and b. Cutting off building corners. 3. Height Calculation Formula The Height Calculation Formula is used to determine structure height for projects within the Courthouse View Protection Overlay District. An example of the formula can be found in the Development Manual. The Height Calculation Formula is as follows: • Tan of angle = A/B = E/F (TAN Deg = A/B = E/F) • Tan of angle x F=E (TAN Deg x F=E) • E - D = G. • Combined formula (A/B x F) - D = G (allowable height) 4.12.040 Final Determination Upon completion of the administrative review and height determination the Director shall make a final determination. The applicant may request an Administrative Exception, using the procedures of Section 3.16, if strict application of the provisions of this Section would not be consistent with the Purpose of the Overlay District due to unique topographical or physical characteristics of the subject site. In consideration of an Exception, the burden of proof shall be on the applicant to demonstrate by a that the proposed exception is consistent with the criteria contained in this section. The Director shall consider the following criteria in determining the Adminsitrative Exception: A. Granting the administrative exception would not adversely affect any identified public view corridor; and Attachment number 4 Page 30 of 34 4-31 B. Granting the administrative exception would be in the public interest and consistent with the Purpose of the Overlay District. Section 4.13 Gateway Overlay District This Section establishes that certain roadways within the city limits shall be considered gateways into Georgetown and properties fronting such roadways shall be subject to special landscaping and design standards. 4.13.010 Purpose and Intent The purpose of the Gateway Overlays (Gateways) is to protect and enhance the entrance corridors to the city with landscaping, setbacks and special design standards. The intent of the gateways are to establish entrance corridors that herald the approach to the city, define the arrival to a destination and link common elements together. 4.13.020 Applicability All properties within the specific corridors listed in Section 4.13.030 shall follow the design standards in Section 4.13.040 and landscaping provisions set forth in Section 8.07 at the time of development. Gateway planting requirements may be credited toward the Primary Landscape requirements. Where the requirements of this Section and the underlying zoning district conflict, the standards of this Section shall apply. However, if another zoning overlay exists on the property, the Gateway standards shall not apply. 4.13.030 Gateway Corridors The following corridors include roadways that are considered gateways into the community. Each gateway category represents different roadways in town and may contain differing landscape buffer sizes and landscaping/design requirements. The relevant Gateway buffer shall be shown on a plat and/or site plan as a landscape easement. The landscape buffer shall be considered to begin at the right-of-way line of each applicable roadway, regardless of the distance from the actual road. When Gateway corridors intersect or abut each other, the centerline of the roadway shall be used to determine the division of the corridor. A. Highway Gateways – 25 Foot Landscape Buffer The purpose of the Highway Gateway is to positively reflect the image of the City of Georgetown by enhancing development with well designed site plans and landscaping while maintaining a safe and effective interstate highway. Site design proposals along the Highway Gateways shall break up large masses of parking and pavement with well planned open space components. Additionally, careful analysis is required of view corridors from the highway. Strategically placed tree groupings should be located to frame desired views while screening parking areas. Highway Gateways include both the highway’s main lanes and designated frontage roads. 1. Interstate Highway 35 2. State Highway 195 3. State Spur 158 (North Austin Avenue) 4. State Highway 130 B. Scenic/Natural Gateways – 25 Foot Landscape Buffer Attachment number 4 Page 31 of 34 4-32 The purpose of the Scenic/Natural Gateway is to reflect the natural characteristics of the land. These Georgetown roadways are prominent arterials and growth zones leading into the city. The purpose of the design standards for the Scenic/Natural Gateway corridors is to maintain the existing informal character as they develop. For developments that occur along the Scenic/Natural Gateways, designers shall integrate the natural characteristics of the land into the landscape design. Informal tree massings, planting of under story trees, incorporation of native stones and boulders and use of native grasses and wildflowers are examples of how to blend required plantings with native plantings. 1. F.M. 2243 (Leander Road) 2. State Highway 29 (University Avenue), west of the intersection of I.H. 35 and east of the intersection of Southwestern Boulevard 3. State Spur 26 (South Austin Avenue) 4. F.M. 2338 (Williams Drive) 5. F.M. 971 6. F.M. 1460 C. Downtown Gateways – 10 Foot Landscape Buffer The purpose of the Downtown Gateway standards is to enhance and unify the appearance of the major roadways adjacent to, and directly leading into downtown Georgetown. Because of the close proximity to the Downtown District, the appearance of the Downtown Gateway shall reflect a relatively formal, urban extension of the downtown and visually enhance its aesthetic appearance. In order to establish the formal appearance, trees shall be evenly spaced and located equal distance behind the property line. Although the intent for the Downtown Gateway corridors is to establish a consistent, formal landscape appearance, the design standards are not intended to adversely affect existing trees along the roadways. Variations to these standards are allowed to provide for the preservation of existing trees. All non-residential properties in Downtown Gateways are subject to special setback design requirements, denoted in Section 4.13.040(B). 1. South Austin Avenue, beginning north of the intersection of FM 1460/F.M. 2243 (Leander Road) and ending at the southern boundary of the Downtown Overlay District 2. North Austin Avenue, beginning at the northern boundary of the Downtown Overlay District and ending at the intersection of F.M 2338 (Williams Drive) 3. State Highway 29 (University Avenue), beginning at the western boundary of the Downtown Overlay District and ending at the intersection of I.H. 35 4. State Highway 29 (University Avenue), beginning at the eastern boundary of the Downtown Overlay District and ending at the intersection of Southwestern Boulevard Gateway Overlay Districts Attachment number 4 Page 32 of 34 4-33 This map is available for viewing at the Planning and Development Department or as a downloadable map at http://www.georgetown.org/maps.overview.php. 4.13.040 Gateway Design Standards A. Landscaping Standards Calculation of required landscaping must comply with Section 8.07 Gateway Overlay District Landscape. Where regulations and requirements for Gateways and the underlying zoning district conflict, the more restrictive regulations apply. B. Special Setbacks in the Downtown Gateway 1. For all non-residential properties in the Downtown Gateway, regardless of Zoning District, the front setback is zero (0). For purposes of this setback, the property line will be replaced with the edge of the Gateway landscape buffer. 2. Parking is prohibited between the front building line and edge of the Gateway landscape buffer. 3. The front building line shall comprise of a minimum of forty percent (40%) of the primary façade of the primary building. 4. Features allowed between the front building line and the landscape buffer shall meet the requirements of Section 7.03.030.B.7. 5. Fencing shall meet the requirements in Section 7.04.080. Attachment number 4 Page 33 of 34 4-34 C. Sidewalks Sidewalks shall be required in accordance with Table 12.03.020. All sidewalks shall be constructed and designed to coordinate the location of any new sidewalks and to tie into existing sidewalks. If the sidewalk lies within the Gateway landscape buffer, some portion of the site’s required landscaping shall be located between the sidewalk and the designated right-of-way. Properties in the Downtown Gateway require construction of a minimum six (6) foot sidewalk. Scenic and Highway Gateways require sidewalks, where applicable, in accordance with Section 12.02. D. Parking No parking will be allowed within a Gateway landscape buffer and all screening of adjacent parking will be in accordance with Section 8.09.010. E. Site Limitations 1. Drainage facilities are not allowed within a Gateway landscape buffer except those that are necessary to convey drainage in the shortest possible route to or from the street right-of-way, if determined to be required by the Development Engineer. If determined to be necessary in such instances, the drainage facilities shall follow the design requirements in Section 11.05. Drainage facilities include all detention ponds, water quality ponds, outlet structures, drainage berms, improved channels, or other improvements associated with the drainage improvements. 2. Dumpsters and mechanical equipment are not allowed in the front, side or rear setback if the setback is directly adjacent to a Gateway roadway. 3. All utilities installed for the development shall be located underground. The developer shall not have to retrofit existing utilities. 4. No service areas or service drives shall be permitted to front a Gateway roadway. F. Boundary Walls Residential Boundary Walls may be required, as described in Section 6.06.040. Attachment number 4 Page 34 of 34 6-1 Chapter 6. Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards Section 6.01 General 6.01.010 Authority The provisions of this Chapter are adopted pursuant to the Texas Local Government Code Chapter 211 and 212 and the City Charter. 6.01.020 Purpose and Intent The Residential Lot, Dimensional and Design Standards establish regulations for residential development within the city limits of the City of Georgetown in any Residential Zoning District (see Table 4.01.010 for list of Residential Zoning Districts), development in any other zoning districts as required elsewhere in this Code, and minimum requirements for development within the City’s extraterritorial jurisdiction (ETJ). The standards in this Chapter allow for a variety of housing types and development standards while maintaining the overall character of Georgetown. The standards are established to regulate the manner in which land is developed, minimize adverse effects on surrounding properties and the general public, and ensure that high quality development is maintained throughout the community. The approach to development standards has several public benefits: 1. It allows for development that is more sensitive to the environment. 2. It allows for the preservation of open and natural areas. 3. It promotes better site layout and opportunities for recreational areas. 4. It promotes energy-efficient development. 6.01.030 Applicability A. Within the Extraterritorial Jurisdiction (ETJ) All development within the City’s ETJ are subject to the following sections: 1. Section 6.02.010. 2. Section 6.02.020, if fire services are provided by the City of Georgetown. B. Within the City Limits All development within the City Limits are subject to all provisions of this Chapter. Section 6.02 Uniform Standards 6.02.010 General Lot Requirements No building permits or other development approvals shall be issued for development that does not meet the following minimum requirements: Attachment number 5 Page 1 of 26 6-2 A. All development shall be located on a legal lot. B. All development shall have direct access and frontage on one of the following: a. A public street; or b. A public street via a public alley. C. All development applications submitted after October 27, 2009, shall meet the provisions of Paragraph (B) above at a minimum width of twenty-five (25) feet. D. Intersection visibility shall comply with the provisions set forth in Section 12.03.050. E. Side lot lines shall intersect rights-of-way at an angle between 60 and 90 degrees on a straight street or from the tangent of a curved street. F. All lots must be numbered consecutively within each block, phase or plat. 6.02.020 Fire Code Compliance All development within the city limits and areas of the ETJ where the City provides fire protection services shall comply with the applicable standards contained in the International Fire Code, as adopted in the City of Georgetown Code of Ordinances, Chapter 8.04. When such standards conflict with any lot, dimensional and design standards of this Code, the International Fire Code standards shall apply. 6.02.030 Lot Standards A. Structures Per Lot No more than one (1) principal structure may be erected on a single lot or parcel, except as otherwise specifically provided in this Chapter or under the criteria in Section 5.03. B. Existing Structures The subdivision or re-subdivision of a tract or lot shall not cause an existing permanent structure to violate the standards of this Code. C. Structures Crossing Lot Lines Lots with an existing building or other permanent structure built across a shared lot line shall be treated as a single lot, with the shared lot line not considered for measurement of all dimensional standards. All required dimensional standards, including required setbacks and lot coverage standards shall be applied as if the two individual lots were a single lot. No portion of the two lots may be replatted if such replatting would cause the combined lots to become incompliant with any provisions of this Code or the City Code of Ordinances, or any other City requirement. The provisions of this Section apply only to buildings or permanent structures that were in existence on or before March 11, 2003, and no new building or structure shall be constructed across lot lines. D. Double Frontage 1. Residential lots shall not have frontage on two non-intersecting local or collector streets, unless access restricted to the street with the lower classification. 2. Residential lots shall not take vehicular access from an arterial street if access to a local street is available. Attachment number 5 Page 2 of 26 6-3 3. Non-Residential development in Residential Districts on lots with double frontage shall have offset access points from the opposing streets to inhibit cut-through traffic. 6.02.040 Blocks A. Width Blocks shall have sufficient width to provide for two tiers of lots except where a single lot may: 1. Separate lots from an incompatible use; 2. Accommodate a requirement for single loaded streets; 3. Allow for unusual topographical conditions; or 4. When located adjacent to the outer perimeter of a subdivision. B. Length Block lengths shall not exceed 20 lots or be longer than 1,320 feet, whichever is shorter. Block lengths shall be ended only by the intersection of a public street, except where there is no public street intersection due to the presence of parks, open spaces or other similar uses with at least one hundred (100) feet of street frontage on the relevant block. Section 6.03 Development Standards 6.03.010 General A. In addition to the lot, dimensional, and design standards in this Chapter, all residential development in a Residential Zoning District or in the Agricultural District shall comply with the applicable lot, dimensional, and design standards contained in other Chapters of this Code. B. In addition to the provisions of this Code identified in Section 6.03.010.A, all Non-Residential development in a Residential Zoning District or in the Agricultural District shall also comply with the Building Design and Site Design standards set forth in Sections 7.04 and 7.05 of this Code. C. In the case of any conflict between the lot, dimensional, or design standards in this Chapter and in any other provision of this Code, the City Code of Ordinances, or any national or international code as adopted by the City of Georgetown (e.g., Fire Code, Building Code) the more restrictive or stringent provision shall apply. 6.03.020 AG – Agriculture District The Agriculture District (AG) is intended to allow large rural residential development, agricultural, and farming uses and may include lands that are relatively undeveloped. The AG District is also the default district for land newly annexed into the City, but not yet placed in an appropriate zoning classification. For these reasons, the AG District may contain a wide variety of residential and non-residential uses. The AG District may take on characteristics of either a residential or a non-residential zoning district and certain design criteria may be required depending on the use. A. Lot and Dimensional Standards Attachment number 5 Page 3 of 26 6-4 AG – Agriculture Lot Size, minimum. square feet 2 acres Lot Width, min. feet 100 Front Setback, min. feet 25 Side Setback, min. feet 10 Rear Setback, min. feet 20 Building Height, max. feet 35 Accessory Building Height, max. feet 35 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Single-Family detached (minimum lot size: two (2) acres). 2. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the AG District. 3. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the AG District. 4. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the AG District. C. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet the lot and dimensional standards of the AG District, in addition to the provisions of Sections 6.05 and 6.06. 2. Non-Residential uses shall meet the requirements of Section 7.03 and 7.04. 3. Accessory uses shall meet the requirements of 6.06.010. D. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Site Design Standards, Section 6.06. 6.03.030 RE - Residential Estate District The Residential Estate District (RE) is intended for areas of very low density single- family residential use and associated uses. The District has a lot size minimum of one (1) acre in size to retain a rural character and is appropriate where topography or lack of public utilities and services may necessitate a low density. A. Lot and Dimensional Standards RE – Residential Estate Lot Size, minimum. square feet 1 acre Lot Width, min. feet 100 Front Setback, min. feet 25 Side Setback, min. feet 10 Rear Setback, min. feet 20 Attachment number 5 Page 4 of 26 6-5 Building Height, max. feet 35 Accessory Building Height, max. feet 25 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Single-Family detached (minimum lot size: one (1) acres). 2. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the RE District. 3. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the RE District. 4. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the RE District. C. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet the lot and dimensional standards of the RE District, in addition to the provisions of Sections 6.05 and 6.06. 2. Non-Residential uses shall meet the requirements of Section 7.04 and 7.05. 3. Accessory uses shall meet the requirements of 6.06.010. D. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Site Design Standards, Section 6.06. 6.03.040 RL - Residential Low Density District The Residential Low Density District (RL) is intended for areas of low density single- family residential use and associated uses. The RL District is intended to allow larger lots than in the RS District with a minimum of 10,000 square feet. The pattern of residential development and land use closely matches that of the Residential RS District. A. Lot and Dimensional Standards RL – Residential Low Density Lot Size, minimum. square feet 10,000 Lot Width, min. feet 70 Front Setback, min. feet 20 Side Setback, min. feet 10 Rear Setback, min. feet 10 Building Height, max. feet 35 Accessory Building Height, max. feet 15 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Single-Family detached (minimum lot size: 10,000 sq. ft.). 2. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the RL District. Attachment number 5 Page 5 of 26 6-6 3. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the RL District. 4. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the RL District. C. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet the lot and dimensional standards of the RL District, in addition to the provisions of Sections 6.05 and 6.06. 2. Non-Residential uses shall meet the requirements of Section 7.04 and 7.05. 3. Accessory uses shall meet the requirements of 6.06.010. D. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Site Design Standards, Section 6.06. 6.03.050 RS - Residential Single-Family District The Residential Single-Family District (RS) is intended for areas of medium density with a minimum lot size of 5,500 square feet. The RS District contains standards for development that maintain single-family neighborhood characteristics. The District may be located within proximity of neighborhood-friendly commercial and public services and protected from incompatible uses. All housing types in the RS District shall use the lot, dimensional and design standards of the District. A. Lot and Dimensional Standards RS – Residential Single-Family Lot Size, minimum. square feet 5,500 Lot Width, min. feet 45 Front Setback, min. feet 20 Side Setback, min. feet 6 Rear Setback, min. feet 10 Building Height, max. feet 35 Accessory Building Height, max. feet 15 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Single-Family detached (minimum lot size: 5,500 sq. ft.). 2. Single-Family attached (provided that the requirements in Section C.2 are met ). 3. Single-Family, Zero Lot Line (provided that the requirements in Section C.3 are met). 4. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the RS District. 5. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the RS District. Attachment number 5 Page 6 of 26 6-7 6. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the RS District. C. Residential Design Standards The design standards below apply to all development in the RS District in addition to the Site Design Standards in Section 6.06. 1. Similarity Restrictions Except as provided in subsection (a) below, no new dwelling that is similar in appearance to a neighboring dwelling is permitted. The standards to determine such similarity are set forth below and shown by example in the illustrations contained in this section. a. Exemptions The following shall be exempt from these provisions: a. Dwellings for which a Building Permit was approved before March 11, 2003. b. Dwellings within a Housing Diversity Development, where a unified plan containing similarity of architectural form and style among dwellings is integral to such a plan. b. Differences in Appearance i. Differences in bulk and massing shall be reviewed for the lots on either side of the proposed dwelling on the same side of the street, as shown in the following illustrations. ii. Where lots are interrupted by an intervening street, public parkland or similar feature of at least fifty (50) feet in width, no review shall be necessary. iii. The proposed building shall be considered different from any vacant lot for which no Building Permit has been issued without requiring further documentation. c. Differentiation The proposed dwelling shall differ from other applicable dwellings in at least two of the five criteria listed below. c. The dwelling is a different housing type. a. Single-family detached; b. Single-family attached; or c. Single-family, Zero lot line. d. The dwelling differs in the number of full stories. a. Single-story; or b. Two-story. e. The dwelling has a different type of garage. a. Front-loaded garage (one or two-car); Attachment number 5 Page 7 of 26 6-8 b. Side-loaded garage; or c. Detached garage. f. The dwelling has a different roof type. a. Gable; b. Hip; c. Gambrel; d. Mansard; or e. All of the above roof types are rotated 90 degrees. g. The dwelling has variation in the front façade. a. The garage is set back a minimum of four (4) feet from the front façade; b. A covered, open-walled porch at least six (6) feet in depth extends a minimum of 33 percent of the width of the front façade; or c. Other articulation of the front façade at least 4 feet in depth extends at least 33 percent of the width of the front façade. d. Application Review a. Acceptable documentation may include photographs of the other structures in question (no building elevations are required). b. A subdivision or phase thereof may be reviewed as a whole for conformity with this requirement, provided that adequate documentation to ensure conformity is submitted with the plat. Such documentation is not required to be recorded as part of the plat. c. The Building Official shall review the submitted documentation and any previously-approved Building Permits and make a determination. Where the Building Official finds that a dwelling for which a Building Permit is being requested is similar in appearance based on the standards above, the building permit shall be denied. 2. Single-Family, Attached A single-family, attached dwelling is allowed using the lot and design standards of the RS District, in addition to the following criteria: a. Both dwellings shall be located on separate legal lots; b. The side setback between two single-family attached lots may be reduced to zero(0) feet; and c. Single-family, attached dwellings are not allowed in the Old Town Overlay District. 3. Single-Family, Zero-Lot Line A single-family, zero-lot line dwelling is allowed using the lot and design standards of the RS District, in addition to the following criteria: : a. The zero-lot line shall not be the lot line adjacent to: i. A lot not containing or planned for zero-lot line dwellings; ii. A highway frontage road; or iii. A garage or carport taking access from a side street. Attachment number 5 Page 8 of 26 6-9 b. A minimum building separation of twelve (12) feet is provided between all zero-lot line dwellings. c. The eaves on the side of a house with no side setback may project no more than eighteen (18) inches over the adjacent property line and a perpetual easement or deed restriction for the eave projection is recorded for the lot where the projection occurs. d. No structure extends into a public utility easement. e. Any rain gutters are positioned to drain only onto the lot of the house to which they are attached. f. A recorded easement or deed restriction is provided to allow for maintenance or repair when the eaves or side wall of the house are within four (4) feet of the adjacent property line. The easement or deed restriction on the adjacent property must provide at least five (5) feet of unobstructed space between the furthermost projection of the structure(s) and the edge of the easement. g. No windows or other openings on the side of the structure on or within three (3) feet of the lot line with no setback are allowed, except for windows that do not allow or restrict visibility of the adjacent lot, such as clerestory or translucent windows. D. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet the lot and dimensional standards of the RS District, in addition to the provisions of Sections 6.05 and 6.06. 2. Non-Residential uses shall meet the requirements of Section 7.04 and 7.05. 3. Accessory uses shall meet the requirements of 6.06.010. E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Site Design Standards, Section 6.06. 6.03.060 TF - Two-Family District The Two-Family District (TF) is intended for two-family dwellings that are located on one lot. The TF District also includes single-family attached and single-family detached development and associated uses. Two-family and single-family dwellings are permitted on individual lots, but the lot, dimensional and design standards are intended for two dwellings in one structure on a single lot. The TF District is a moderate density District that may be used to separate residential areas zoned RE, RL or RS from higher density residential and commercial areas. In the TF District, a maximum of two units per structure may be erected on a single lot. A. Lot and Dimensional Standards TF –Two Family Lot Size, minimum. square feet 7,000 Dwelling Size, min. square feet 3,500 Dwellings per Structure, max. 2 Attachment number 5 Page 9 of 26 6-10 Lot Width, min. feet 70 (C.1) Front Setback, min. feet 20 Side Setback, min. feet 6 Rear Setback, min. feet 10 Building Height, max. feet 35 Accessory Building Height, max. feet 15 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Two-Family. 2. Single-Family detached 3. Single-Family attached (Provided that the requirements of C.2 are met). 4. Single-Family, Zero Lot Line (Provided that the requirements of C.3 are met). 5. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the TF District. 6. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the TF District. 7. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the TF District. C. Residential Design Standards The design standards below apply to all dwellings in the TF District in addition to all Site Design standards in Section 6.06. 1. Minimum Lot Width Reduction The minimum lot width for a two-family dwelling may be reduced to sixty (60) feet, thirty (30) feet per dwelling, when the required off-street parking is located behind each dwelling with approved rear access. 2. Single-Family, Attached A single-family, attached dwelling is allowed using the lot and design standards of the TF District, in addition to the following criteria: a. Both dwellings shall be situated on separate legal lots. b. The side setback between two single-family attached lots may be reduced to zero(0) feet; and c. The minimum lot size is 4,500 sq. ft. d. The minimum lot width for a single-family, attached dwelling is 45 feet, although the width may be reduced to 35 feet when the required off-street parking is located behind the dwelling with approved rear access. e. Single-family attached dwellings are not allowed in the Old Town Overlay District. 3. Single-Family, Zero-Lot Line A single-family, zero-lot line dwelling is allowed using the lot and design standards of the TF District, in addition to the following criteria: a. The zero-lot line shall not be the lot line adjacent to: i. A lot not containing or planned for zero-lot line dwellings; Attachment number 5 Page 10 of 26 6-11 ii. A highway frontage road; or iii. A garage or carport taking access from a side street. b. A minimum building separation of twelve (12) feet is provided between all zero-lot line dwellings. c. The eaves on the side of a house with no side setback may project no more than eighteen (18) inches over the adjacent property line and a perpetual easement or deed restriction for the eave projection is recorded for the lot where the projection occurs. d. No structure extends into a public utility easement. e. Any rain gutters are positioned to drain only onto the lot of the house to which they are attached. f. A recorded easement or deed restriction is provided to allow for maintenance or repair when the eaves or side wall of the house are within four (4) feet of the adjacent property line. The easement or deed restriction on the adjacent property must provide at least five (5) feet of unobstructed space between the furthermost projection of the structure(s) and the edge of the easement. g. No windows or other openings on the side of the structure on or within three (3) feet of the lot line with no setback are allowed, except for windows that do not allow or restrict visibility of the adjacent lot, such as clerestory or translucent windows. D. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet the lot and dimensional standards of the TF District, in addition to the provisions of Sections 6.05 and 6.06. 2. Non-Residential uses shall meet the requirements of Section 7.04 and 7.05. 3. Accessory uses shall meet the requirements of 6.06.010. E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Site Design Standards, Section 6.06. 6.03.070 TH – Townhouse District The Townhouse District (TH) is intended for townhouse and two-family dwellings. The TH District is appropriate for infill development as well as a transition from residential areas to Non-Residential areas. This District is also appropriate in areas designated on the Future Land Use Plan as one of the Mixed Use Land Use Categories. In the TH District, townhomes may be located on a single lot or multiple lots, provided that the provisions of this Chapter are met. A maximum of 6 units per structure may be erected on a single lot. Townhouse development constructed in a Non-Residential District shall comply with the lot and dimensional standards of the Non-Residential Districts. In addition, all Building and Site Design standards of this Chapter shall apply to such development. A. Lot and Dimensional Standards Attachment number 5 Page 11 of 26 6-12 TH - Townhouse Multiple Lots Single Lot Lot Size, minimum. square feet 2,000 8,000 Dwelling Size, min. square feet 2,000 2,000 Dwelling Units per Structure, max. 6 6 Lot Width, min. feet 44 44 Dwelling Width, min. feet 22 22 Front Setback, min. feet 15 (C.1) 15 (C.1) Side Setback, min. feet 10 10 Interior Side Setback, min. feet 0 -- Rear Setback, min. feet 15 15 Building Height, max. feet 40 40 Accessory Building Height, max. feet 15 15 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Townhouse (on one lot or multiple lots). 2. Two-Family. 3. Single-Family attached (Provided that the requirements in C.6 are met). 4. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the TH District. 5. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the TH District. 6. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the TH District. C. Residential Design Standards The design standards below apply to all dwellings in the TH District in addition to all Site Design standards in Section 6.06. 1. Required Setbacks a. Except as otherwise provided herein, the minimum front setback shall be fifteen (15) feet. A minimum front setback of five (5) feet is permissible with approved rear access or parking in the rear setback with approved rear access. b. A minimum side setback of ten (10) feet is required for a building if it is on a corner lot or at the end of a row of townhouses. c. A minimum building separation of ten (10) feet is required between all townhouse structures located on a single lot. 2. Building Design Townhouse development shall comply with the Building Materials requirement in Section 7.03.050.A. and contain variation through articulation of the front façade, using at least one of the following: a. A garage that is set back at least four (4) feet from the front façade; Attachment number 5 Page 12 of 26 6-13 b. A covered, open-walled porch of at least six (6) feet in depth extends at least 50 % of the width of the front façade; or c. Other articulation of the front façade at least four (4) feet in depth that extends at least 50% of the width of the front façade. 3. Bufferyards A Type A Bufferyard is required for development in the TH District adjacent to the AG, RE, RL and RS Districts. When internal to a Housing Diversity Development (Section 6.07.020), bufferyards shall not be required. See Section 8.08 for Bufferyard requirements. 4. Private Open Space For townhouse development, each dwelling unit shall be provided with a private yard or open space of not less than 150 square feet, which shall be immediately accessible and functional to the dwelling that it serves. Such open space may be at the front, rear, or side of the dwelling unit and shall be in addition to the required setbacks or common recreation area requirements. 5. Common Recreation Area Common Recreation Areas are required for development in the TH District in accordance with Section 6.06.050. 6. Single-Family, Attached Single-family attached dwellings are allowed using the lot and design standards of the TH District, except as stated below: a. Both dwellings are situated on separate legal lots. b. The minimum area per dwelling is 4,500 sq. ft. c. The minimum lot width for a single-family, attached dwelling is 45 feet, although the width may be reduced to 35 feet when the required off-street parking is located behind the dwelling with approved rear access. d. Single-family attached dwellings are not allowed in the Old Town Overlay District. D. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet all of the lot and dimensional standards of the TH District, in addition to the provisions in Sections 6.05 and 6.06. 2. Non-Residential uses shall meet the requirements of Section 7.04 and 7.05. 3. Accessory uses shall meet the specific requirements of 6.06.010. E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Site Design Standards, Section 6.06. 3. Common Recreation Area, Section 6.06.050. 6.03.080 MF - Multifamily District The Multifamily District (MF) is intended for multifamily residential development, such as apartments, townhouses, and associated uses. The MF District is appropriate in areas Attachment number 5 Page 13 of 26 6-14 designated on the Future Land Use Plan for higher density and mixed-use and may be located along major thoroughfares. The MF District is appropriate adjacent to both Residential and Non-Residential Districts. More than one (1) principal structure may be erected on a single lot in the MF District. Multifamily units constructed in a Non-Residential district shall comply with the standards of the particular non-residential district, not the standards of the MF District. However, all design standards of this Section shall apply. A. Lot and Dimensional Standards MF – Multifamily Lot Size, min. square feet 12,000 Dwelling Size, min. square feet 2,000 Units per Structure, max. 24 Lot Width, min. feet 40 Front Setback, min. feet 20 Side Setback, min. feet 20 Rear Setback, min. feet 20 Building Height, max. feet 60 Accessory Building Height, max. feet 15 Impervious Cover, max. % See Section 11.02 B. Allowed Uses 1. Multifamily. 2. Townhouse (on one lot or multiple lots). 3. Those residential uses identified in the Use Tables in Chapter 5 of this Code as allowable in the MF District. 4. Those non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the MF District. 5. Those accessory uses identified in Section 5.03 of this Code that may be compatible with the primary uses allowed in the MF District. C. Residential Design Standards The design standards below apply to all dwellings in the MF District in addition to all Site Design standards in Section 6.06. 1. Multifamily development shall comply with the Building and Site Design provisions of Sections 7.04 and 7.05 of this Code. 2. A minimum building separation of fifteen (15) feet is required between all primary buildings on the site. 3. A Type A Bufferyard is required for the MF District adjacent to the AG, RE, RL and RS Districts. See Section 8.08 for Bufferyard requirements. 4. Common Recreation Areas are required for development in the MF District in accordance with Section 6.06.050. Attachment number 5 Page 14 of 26 6-15 D. Non-Residential and Accessory Design Standards 1. Non-Residential and accessory uses shall meet all of the lot and dimensional standards of the MF District, in addition to the provisions in Sections 6.05 and 6.06. 2. Non-Residential uses shall meet all requirements of Section 7.04 and 7.05. 3. Accessory uses shall also meet all the specific requirements of 6.06.010. E. Other Requirements of This Chapter 1. Dimensional Interpretations and Exceptions, Section 6.05. 2. Residential Site Design Standards, Section 6.06. 3. Common Recreation Area, Section 6.06.050. 6.03.090 MH - Manufactured Housing District The Manufactured Housing District (MH) is intended for the development of manufactured, HUD-Code mobile home parks and subdivisions. Manufactured / mobile home subdivisions include individually platted lots for the placement of manufactured / mobile homes and also includes manufactured housing parks, as that term is defined in this Code. The Manufactured Housing District establishes special area and design requirements for both parks and subdivisions, as well as setback requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained. More than one structure housing a permitted principal use may be erected on a single lot or building plot, but setback and other requirements of this Code must be met for each structure as though each were on an individual lot. The Manufactured Housing District includes mobile-home parks and manufactured housing on individual lots. Specific site design and development standards for MH are described in this Section. A. Allowed Uses 1. Manufactured Housing, individual lots 2. Manufactured Housing Park 3. Those residential or non-residential uses identified in the Use Tables in Chapter 5 of this Code as allowed in the MH District. 4. Those Accessory Uses identified in the Use Tables in Chapter 5 of this Code that may be compatible with the primary uses allowed in the MH District. B. Design Standards for Housing Manufactured Off-Site All single-family or two family housing manufactured off-site, including manufactured and modular housing, are subject to the following standards and requirements. 1. The unit shall be the only habitable structure upon the lot on which it is placed. 2. The unit shall have a label or documents certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974. Attachment number 5 Page 15 of 26 6-16 3. The wheels, axles, tongue, towing apparatus, and transporting lights shall be removed prior to final installation of the unit. 4. The unit shall be placed on a permanent foundation consisting of masonry or concrete and constructed to the standards of the applicable building code adopted by the City of Georgetown. 5. Crawl space shall be provided under each unit with access and ventilation as required by the Building Code adopted by the City of Georgetown. 6. The unit shall be located so that its longer dimension is parallel to the street on which the lot fronts. 7. Steps to the ground level with handrails and a permanent landing shall be provided at each outside doorway in compliance with the requirements of the applicable Building Code adopted by the City of Georgetown. 8. All electrical service equipment shall be mounted on the structure in compliance with the conditions imposed by Exceptions No. 1 and No. 2 under Section 550-23(a) of the National Electric Code (NEC), latest edition, as adopted by the City of Georgetown. 9. The exterior finish cannot have a high-gloss finish. The exterior walls shall look like wood or masonry, regardless of the actual composition. 10. Maximum Height – Two (2) stories a. All accessory buildings shall be limited to one (1) story in height. b. The roof shall be pitched with a minimum vertical rise of 2½ feet for every 12 feet of horizontal run. c. The roof shall have eaves that project a minimum of 12 inches from the exterior wall. 11. Size of Setback: a. Minimum Front Setback – Twenty feet (20’) from a dedicated street; fifteen feet (15’) from any private street or drive; b. Minimum Interior Side Setback – Five and a half feet (5.5’); twenty feet (20’) between units; twenty feet (20’) from Zoning District line; c. Minimum Exterior Side Setback – Twenty five feet (25’) from a dedicated street; fifteen feet (15’) from any private street or drive; d. Minimum Rear Setback – Seven feet (7’); twenty feet (20’) from any Zoning District line; e. If a garage is provided, the garage shall have a twenty-five foot (25’) front setback. 12. Size of Lot: a. Minimum Lot Size – Three thousand five hundred (3,500) square feet per unit; b. Minimum Lot Width - Thirty five feet (35’); c. Minimum Lot Depth – One hundred ten feet (110’). 13. Minimum Dwelling Size – Nine hundred (900’) square feet. 14. Maximum Impervious Coverage – See Section 11.02 for Impervious Cover limitations. 15. Minimum Parking Requirement – Two (2) spaces per unit. Attachment number 5 Page 16 of 26 6-17 16. Minimum Area for Manufactured Housing Subdivision (one unit on one platted lot) – Five thousand five hundred (5,500) square feet. 17. Minimum Area for Manufactured Housing Park – Two (2) acres. C. Design Standards for Manufactured Housing Park 1. Tenant Parking: Each parking space shall be concrete in accordance with City standards and located to eliminate interference with access to parking areas provided for other manufactured / mobile homes and for public parking in the park. 2. Visitor and Supplemental Parking: In addition to parking spaces required for each manufactured / mobile home unit, there shall be parking provided for the manufactured / mobile home community in general: a. One (1) visitor parking for every three (3) manufactured home spaces; b. One (1) supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every six (6) manufactured / mobile home spaces; c. Supplemental spaces may be located anywhere within the manufactured / mobile home community provided that no manufactured / mobile home space shall be situated further than one hundred fifty feet (150’) from a visitor space; d. No parking space shall be less than nine feet by eighteen feet (9’ X 18’), which is not to be included in the lot size. 3. Access: Each manufactured / mobile home community shall have direct access from a public street or an internal street. Where an internal private street provides access, the same shall be concrete in accordance with City standards dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used for the purpose of providing emergency health or public safety services. Each emergency access easement shall have a clear unobstructed width of twenty- four feet (24’), shall connect to a dedicated public street, and shall have a turning area and radii a minimum of fifty feet (50’) to permit free movement of emergency vehicles. Dead end streets are not allowed. Cul-de-sac streets shall not exceed five hundred feet (500’) in length. Fire lane easements shall be maintained by the manufactured / mobile home park. 4. Walkways: Designated concrete walkways a minimum of five feet (5’) in width shall be provided on both sides of roadways or streets. 5. Street Names and Signs: Within each manufactured / mobile home park, all streets shall be named, and manufactured / mobile homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. 6. Other Signs: Along all Sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. Attachment number 5 Page 17 of 26 6-18 7. Intersections: Internal streets shall intersect adjoining public street at approximately ninety degrees (90°) and at locations which will eliminate or minimize interference with traffic on those public streets. 8. Street Lighting: Street lighting within the manufactured / mobile home park shall be provided and maintained by the owners of the manufactured / mobile home park. 9. Drainage and Soil Protection: The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured / mobile home space shall provide adequate drainage for the placement of a manufactured / mobile home. Exposed ground surfaces in all parts of every manufactured / mobile home park shall be paved and / or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust. 10. Anchorage: To insure against natural hazards such as tornadoes, high winds, and electrical storms, anchorage at each manufactured / mobile home shall be provided at the time of installation, according to the Building Code. 11. Skirting: Skirting or a curtain wall, unpierced except for required ventilation and access door, shall be installed and maintained so that it encloses the area under the structure. The skirting or foundation must be a continuous, complete, opaque, and rigid surface that lends permanency to the appearance of the unit and totally screens the crawl space under the unit. The foundation skirting or curtain wall shall be of brick or stucco only. Material used for the skirting shall be erected so as not to create a fire hazard and maintained in a good state of repair. 12. Usable Open Space Requirements: Each parcel of land, developed under the MH standards, shall provide two hundred eighty (280) square feet of usable open space per unit. 13. Single-family dwellings constructed in this District shall conform to the standards as set forth in the RS District. 14. Open storage is prohibited. Section 6.04 Mixed Use The Mixed Use District (MU), established in Section 4.11, is intended for residential and non-residential development to promote a dense and active mixed use urban environment. As established in the MU guidelines, a project zoned or proposed to be zoned MU, may be completely residential and contain varying housing types and densities in a well-planned setting. Incentives available for developments in this district, along with guidelines, development standards and process for using the MU District can be found in Section 4.11 of this Code, attached as a separate document found at the City of Georgetown Planning and Development Department office or at http://georgetown.org/departments/ds/ Attachment number 5 Page 18 of 26 6-19 Section 6.05 Dimensional Interpretations and Exceptions 6.05.010 Minimum Lot Exceptions A. Minimum Lot Size No Building Permit or development approval may be issued for a lot that does not meet the minimum lot size requirements of this Chapter except as specified in the following cases: 1. Nonconforming lots may be used in accordance with the provisions set forth in Chapter 14. 2. Utilities using land or an unmanned building less than 1,000 square feet of site area shall be exempt from the minimum lot size requirements. 3. The following types of lots, as defined in Section 16.04, are exempt from the minimum lot size requirements in all Residential Zoning Districts: a. Open Space Lots; b. Landscape Lots; c. Drainage Lots; d. Median Lots; and, e. Access Lots. B. Minimum Lot Width 1. The minimum lot width on a cul-de-sac lot may be reduced to a minimum of thirty (30) feet at the front property line provided that the minimum required lot width is provided at the front setback line. 2. The minimum lot width may be reduced to forty (40) feet with approved rear access for any district. 6.05.020 Setbacks The setback provisions in this Section apply to lots in the Agriculture District and all Residential Districts, unless otherwise specified in this Chapter. A. General 1. No structure that is taller than eight (8) feet in height and/or has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback unless specifically allowed elsewhere in this Code. 2. No part of a setback or other open space required in connection with any building, lot, or use for the purpose of complying with this Code shall be included for any other building, lot or use as part of a setback or open space. B. Setback Reductions and Exceptions 1. Owners of lots that have platted setbacks that are in conflict with this Code may Attachment number 5 Page 19 of 26 6-20 request a waiver from the Planning and Zoning Commission to allow the less restrictive setback, following the procedures in Section 1.03. 2. On lots with approved rear access, the minimum front setback may be reduced to fifteen (15) feet. 3. On lots with an approved private rear access easement, rear setbacks shall be measured from the nearest boundary of the easement. For all other lots, rear setbacks shall be measured from the rear property line. 4. A ten (10) foot side setback must be provided along all side lot lines that parallel a public street, except as follows: a. The side setback shall be twenty-five (25) feet when adjacent to a roadway classified in this Code as a freeway or the frontage road of a freeway. b. The side setback shall be twenty (20) feet for a garage or carport taking access from a side street. (see Section 6.06.010) 5. Where the front, side and rear setbacks reduce the buildable width of an existing corner lot to less than forty (40) feet, the Director is authorized to reduce the required front setback on the longer street side as much as necessary to increase the buildable width to forty (40) feet. In the event that the street sides of the lot are of equal length, the reduction shall be made on the side which lies on the shorter side of the block. 6. When an existing setback is reduced because of a conveyance to a federal, state or local government for a public purpose and the remaining setback is at least fifty percent (50%) of the required minimum setback for the District in which it is located, then that remaining setback will be deemed to satisfy the minimum setback requirements of this Code. 7. Where an existing block was acknowledged by the City or created by a plat recorded prior to May 10, 1977, an applicant may request a setback modification pursuant to Section 4.09.040. C. Features Allowed Within Required Setbacks The following features are allowed to be located within a required setback: 1. Landscape features (as defined in Chapter 16). 2. Driveways located: a. in a front setback; b. in a side setback, if serving a side-loaded or detached rear garage; or c. in a rear setback, if accessed by a rear alley or public street. 3. Sidewalks, fences, and walls, meeting the requirements of Section 6.06.030 and Section 6.06.040. 4. Uncovered patios, but only if located in the side or rear setbacks at least three (3) feet from the property line. 5. Minor utilities. 6. Mechanical equipment such as air conditioning units, pool pumps, and similar equipment, but such equipment is not allowed in the front setback and is allowed in the side and rear setbacks only if such equipment cannot be reasonably located behind the structure. Attachment number 5 Page 20 of 26 6-21 7. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features provided that such features do not extend further than eighteen (18) inches into any required setback. 8. Parking areas that cover up to fifty percent (50%) of the required front setback, provided that: a. Landscape buffers eight (8) feet wide are provided between the property line and the nearest side of the parking pad, and also between the structure and the nearest side of the parking pad. These buffers must be landscaped and each shall contain a three (3) foot high screen consisting of a continuous berm, hedge, or wall; b. The parking is on a paved surface, as that term is defined in this Code; and c. The impervious coverage requirements in Section 11.02 are met. 9. None of the features above (except plant material and public sidewalks) shall extend into a public easement without approval of a License to Encroach. 6.05.030 Building Height A. Measurement Building height refers to the vertical distance between lowest finished grade at the edge of the building, or the base flood elevation where applicable, and: 1. The average height level between the eaves and ridge line of a gable, shed, hip or gambrel roof; 2. The highest point of a mansard roof; or 3. The highest point of the coping of a flat roof. B. Exceptions to Height Limits Unless otherwise expressly stated, the height limitations of this Code shall not apply to any of the following: 1. Electrical power transmission and distribution lines; 2. Belfries, cupolas, spires, domes, monuments, chimneys, radio/television receiving antennas or chimney flues; or 3. Bulkhead, elevator, water tank, or any other similar structure or necessary mechanical appurtenance extending above the roof of any building where such structure does not occupy more than 33% of the area of the roof. Section 6.06 Site Design Standards 6.06.010 Accessory Structures, Garages and Carports The requirements of this Section apply to the Agriculture District and all Residential Districts. A. Accessory structures and buildings shall meet the dimensional standards of the base zoning district, except as specified in this Section. Attachment number 5 Page 21 of 26 6-22 B. Garages and carports, whether attached or detached from the principal structure, shall be set back a minimum of twenty (20) feet from the public street from which the associated driveway takes access or a minimum of ten (10) feet when taking access from a public alley. C. No more than 30% of the rear setback may be covered with accessory buildings or structures. All impervious cover requirements in Section 11.02 shall be met. 6.06.020 Accessory Dwelling Units The requirements of this Section apply only to the AG, RE, RL and RS Districts, as permitted in Table 5.03.020 and subject to all provisions of Section 5.03.030. Accessory dwelling units shall meet the requirements of Section 6.06.010 in addition to the following: A. Accessory dwelling units are allowed only with the limitations in Section 5.03.030.B or within a Housing Diversity Development without limitations (as detailed in Section 6.08.020). B. The square footage of the accessory dwelling unit, whether attached or detached from the principal structure, shall not exceed 25% of the square footage of the principal structure. For the purposes of this calculation, the square footage of a garage shall not be considered part of the principal structure. 6.06.030 Residential Fences Residential fences are allowed using the following criteria. Fence height shall be measured from ground level on the higher side of the fence. A. Fences located in any setback adjacent to a public street shall be limited to four (4) feet in height or six (6) feet in height if using wrought iron open design. B. Fences not located in a setback adjacent to a public street shall be limited to eight (8) feet in height, except for fences abutting public alleys, which shall be limited to five (5) feet in height. C. No fence or other structure more than 30% solid or more than four (4) feet high shall be located within twenty five (25) feet of the intersection of any rights-of- way. 6.06.040 Residential Boundary Walls Any residential development that is bounded on any side by a major collector, major or minor arterial, or a freeway as classified in Section 12.03, shall provide a wall along said boundary using the following criteria. A. A six-foot (6’) opaque masonry wall shall be constructed along the property line, measured from ground level on the higher side of the wall. B. No wall or other structure more than thirty percent (30%) solid or more than four (4) feet high shall be located within twenty-five (25) feet of the intersection of any rights-of-way. C. Development located in a Gateway Overlay Districts, established in Section 4.13, shall meet all requirements of the Overlay District. In such instances, the boundary wall shall be located along the innermost boundary of the required Gateway landscape easement. The Gateway landscape buffer shall be situated on Attachment number 5 Page 22 of 26 6-23 a platted lot that is owned and maintained by the owner, developer, homeowner or neighborhood association, or other entity acceptable to the Director. D. A combination of open space, berms, landscape features, plant material, and/or alternative screening wall material may be proposed to the Director as an Administrative Exception in lieu of a boundary wall, using the procedures described in Section 3.16. E. If the land adjacent to the applicable roadway is occupied by a park or open space, local street, residential front setback, etc. the Director may consider a request for another boundary wall location that meets the intent of this Section. 6.06.050 Common Recreation Area A. Applicability The provisions of this Section apply to: 1. Townhouses; 2. Multifamily structures; or 3. Developments with one or more lots on which are placed more than ten (10) dwelling units. B. Common Recreation Area Requirements 1. A minimum of 280 square feet per dwelling unit of an improved common recreation area shall be provided and/or improved by the developer. This recreation area is an addition to any required parkland dedication. 2. The recreation area shall be privately constructed, maintained and operated by the developer, residents of the subdivision through an incorporated homeowners association or property owners association, or the owner of the manufactured home lease community, and the person or entity responsible for ownership, maintenance, and operational responsibilities shall be noted on the plat and/or on a separate instrument recorded in the Official Records of Williamson County. 3. The required recreation area shall meet the basic needs of a local park, be approved by the Director and shall include either subsection (a) or (b), below. When two areas are required, they shall differ from one another. a. At least two (2) of the following: i. Children’s play areas; ii. Picnic areas; iii. Trails (walkways or bike trails); iv. Landscaped sitting areas; or b. At least one (1) of the following: i. Game court areas; ii. Turf playing fields; iii. Swimming pools; iv. Recreational buildings; 4. The common recreation area shall be designed to adequately serve the number of dwellings within the development, according to accepted City standards, as set by the Parks and Recreation Department. All equipment Attachment number 5 Page 23 of 26 6-24 and other improvements must be of commercial quality and approved by the Director of Parks and Recreation. 5. At least 50% of the common recreation area must be located outside of the 100-year floodplain. Section 6.07 Special Development Types 6.07.010 Conservation Subdivision Development To encourage Conservation Subdivision development, this Code allows flexibility to development standards in all Zoning Districts for residential developments that use conservation development practices in order to: protect natural resources, conserve valuable open space, reduce erosion and sedimentation, preserve riparian corridors, provide for walking trails, protect the community water supplies, reduce infrastructure, preserve prime agricultural land, provide smaller streets with less environmental disturbance and plan for overall watershed protection. Attempting to achieve these objectives using the process established in Section 11.06 of this Code qualifies a development as a conservation subdivision eligible for the incentives and alternative development standards. Conservation Subdivision lot and dimensional standards can be found in Section 11.06. 6.07.020 Housing Diversity Development A. Purpose and Applicability To encourage housing diversity, this Code allows flexibility to the development standards and allowable housing types for projects that foster housing diversity. The standards of this section are available only to those projects that meet the foregoing definition of Housing Diversity Development. B. Housing Types The following Table shows the types of housing permitted in a Housing Diversity Development. At least three (3) of the following housing types in any of the following Districts shall be included to qualify for the alternative dimensional standards in Table 6.07.021. Table 6.07.020: Permitted Housing Types by Residential District Housing Type Minimum Lot Size RL RS TF TH Single Family, Detached 7,500 SF lot X X X X Single Family, Detached 4,500 SF lot X X X X Single Family, Attached 3,500 SF lot X X X X Two-Family 6,000 SF lot X X X X Townhouse 7,000 SF lot X X X X C. Dimensional Standards The following Table provides the dimensional standards for each residential building type, that can be used in lieu of the dimensional standards otherwise Attachment number 5 Page 24 of 26 6-25 applicable. For any explanation of any reference in this Table to “Attainable Housing,” see subsection (F). Table 6.07.021: Housing Type Dimensional Standards (1) Standard Single Family, Detached Single Family, Attached Two- Family Townhouse Lot Size, min. 7,500 4,500 7,000 6,000 7000 Dwelling Size, min. - - 3,500 3,000 1,750 Dwellings per Structure, max. - - 3 2 7 Lot Width, minimum feet 60 35 (2) 35 (2) 60 20 Front Setback, min. feet 15 15 15 15 5 (3) Front Setback, min. feet (Attainable Housing) - 10 10 10 5 Side Setback, min. feet 10 6 6 6 10 Side Setback, min. feet (Attainable Housing) 6 4.5 (4) - 4.5 (4) 7.5 Rear Setback, min. feet 10 10 10 10 15 Rear Setback, min. feet (Attainable Housing) 7.5 7.5 7.5 7.5 - Building Height, max. feet 35 40 40 40 45 Acc. Building Height, max. feet 20 20 20 20 20 Impervious Coverage, max. % See Section 11.02 “Impervious Cover” Perimeter Buffer, min. feet See Chapter 8 “Landscaping and Buffering” 1 All Standards in Table 6.07.021 shall meet any specific requirements of the allowed housing type, as detailed elsewhere in this Chapter. When a conflict occurs between such requirements and the standards of this Table, the Table shall apply. 2 Lots less than forty (40) feet in width must be alley loaded lots. 3 See Section 6.03.070.C.2.a. for clarification. 4 All applicable requirements of the Fire Code must be met. D. Interpretations and Exceptions All dimensional standards in Paragraph (C), above, are subject to the interpretations and exceptions in Section 6.05. E. Perimeter Buffer The perimeter buffer applies to the subdivision edge or contiguous area of a Housing Diversity Development, and not to specific Zoning Districts within the Development. The perimeter buffer may be counted towards required landscaping if it is within the lot. F. Housing Diversity Developments that include Attainable Housing This subsection applies to: Attachment number 5 Page 25 of 26 6-26 1. Housing Diversity Developments that include 10% of the housing units available for those whose incomes are less than or equal to 80% of the area median income (attainable housing), and for which the deed for each attainable housing unit lot approved by the City Attorney and including language that provides that for seven (7) years from the date of the original home sale to the qualifying buyer any resale shall be to a party whose income is less than or equal to 80% of the area median income or, absent that, shall require a payment to the City of their proportionate share of fees that were waived for their lot. 2. Housing Diversity Developments that meet the eligibility criteria set forth in subsection (1) may use the setback adjustments as noted in Table 6.07.021. 3. Housing Diversity Developments that meet the eligibility criteria set forth in subsection (1) are exempt from the requirement to pay parkland dedication fees, impact fees, and connection fees for those units that meet the definition of attainable housing (i.e., for up to 10% of the lots.) These waived fees shall either be used to reduce the price of the home or for buyer incentives, such as funds to help with closing costs. Attachment number 5 Page 26 of 26 7-1 Chapter 7. Non-Residential Zoning Districts: Lot, Dimensional and Design Standards Section 7.01 General 7.01.010 Authority The provisions of this Chapter are adopted pursuant to the Texas Local Government Code Chapters 211 and 212 and the City Charter. 7.01.020 Purpose and Intent The Non-Residential Lot, Dimensional and Design Standards establish lot sizes and development standards within the City of Georgetown and minimum requirements for development within the City’s Extraterritorial Jurisdiction (ETJ). The provisions of this Chapter apply, unless otherwise specified, to development in the zoning districts classified as Non-Residential, Special Purpose (excluding AG, Agriculture), and Mixed- Use (see Table 4.01.010 for the list of Zoning Districts) and development in any other zoning districts as required elsewhere in this Code. For the purposes of this Chapter, all Districts shall be referred to as Non-Residential. The provisions of this Chapter allow for a variety of development while maintaining the overall character of neighborhoods and commercial areas of Georgetown. The standards are established to regulate the manner in which land is developed, minimize adverse effects on surrounding properties and the general public, and ensure that high quality development is maintained throughout the community. The approach to development standards has several public benefits: 1. It allows for development that is more sensitive to the environment. 2. It allows for the preservation of open and natural areas. 3. It promotes better site layout and opportunities for recreational areas. 4. It promotes energy-efficient development. 7.01.030 Applicability A. Within the Extraterritorial Jurisdiction (ETJ) All development within the City’s ETJ are subject to the following sections: 1. Section 7.02.010. 2. Section 7.02.020, if fire services are provided by the City of Georgetown. B. Within the City Limits All development within the City Limits is subject to all provisions of this Chapter. Attachment number 6 Page 1 of 13 7-2 Section 7.02 Uniform Standards 7.02.010 General Lot Requirements No building permits or other development approvals shall be issued for development that does not meet the following minimum requirements: A. All development shall be located on a legal lot. B. All development shall have direct access and frontage on one of the following: a. A public street; or b. A public street via a public alley. C. All lots created after October 27, 2009, shall meet the provisions of Paragraph (B), above, at a minimum width of twenty-five (25) feet. D. All structures must be situated on a lot so as to provide safe and convenient access for servicing, fire protection, on-site parking, landscaping, utility easements, and right-of-way. E. Intersection visibility shall comply with the provisions set forth in Section 12.03.050. F. Side lot lines shall intersect rights-of-way at an angle between 60 and 90 degrees on a straight street or from the tangent of a curved street. G. All lots must be numbered consecutively within each block, phase or plat. 7.02.020 Fire Code Compliance All development within the city limits and areas of the ETJ where the City provides fire protection services shall comply with the applicable standards contained in the International Fire Code, as adopted in the City of Georgetown Code of Ordinances, Chapter 8.04. When such standards conflict with any lot, dimensional and design standards of this Code, the International Fire Code standards shall apply. 7.02.030 Lot Standards A. Principle Structures Per Lot More than one (1) principal structure may be erected on a single lot or parcel, provided each structure and its development site meet all building and site requirements of this Code. B. Existing Structures on a Lot The subdivision or re-subdivision of a tract or lot shall not cause an existing permanent structure to violate the standards of this Code. C. Structures Crossing Lot Lines Lots with an existing building or other permanent structure built across a shared lot line shall be treated as a single lot, with the shared lot line not considered for measurement of all dimensional standards. All required dimensional standards, including required setbacks and lot coverage standards shall be applied as if the two individual lots were a single lot. No portion of the two lots may be replatted if such replatting would cause the combined lots to become incompliant with any provisions of this Code or the City Code of Ordinances, or any other City requirement. The Attachment number 6 Page 2 of 13 7-3 provisions of this Section apply only to buildings or permanent structures that were in existence on or before March 11, 2003, and no new building or structure shall be constructed across lot lines. 7.02.040 Block Width Blocks shall have sufficient width to provide for two tiers of lots except where a single lot may: 1. Separate lots from an incompatible use; 2. Accommodate a requirement for single loaded streets; 3. Allow for unusual topographical conditions; or 4. When located adjacent to the outer perimeter of a subdivision. Section 7.03 Development Standards 7.03.010 General A. In addition to the lot, dimensional, and design standards in this Chapter, all Non- Residential development in a Non-Residential, Special Purpose (excluding AG, Agriculture), and Mixed-Use Zoning District shall comply with the applicable lot, dimensional, and design standards contained in other Chapters of this Code. B. In addition to the provisions of this Code identified in Section 7.03.010.A, all residential development in a Non-Residential Zoning District shall comply with the lot, dimensional, and design standards of this Chapter. C. In the case of any conflict between the lot, dimensional, or design standards in this Chapter and in any other provision of this Code, the City Code of Ordinances, or any national or international code as adopted by the City of Georgetown (e.g., Fire Code, Building Code), the more restrictive or stringent provision shall apply. Attachment number 6 Page 3 of 13 7-4 7.03.020 Non-Residential Lot and Dimensional Standards The lot and dimensional standards provided in Table 7.03.020 are in addition to the interpretations and exceptions in Section 7.03.030. Table 7.03.020 contains cross- references and notes to specific sections or chapters of this Code when additional requirements or explanations may apply. Table 7.03.020: Non-Residential Lot and Dimensional Standards Non-Residential Zoning Districts Dimension CN C-1 C-3 OF BP IN PF MU-DT MU District Size, min. acreage -- -- 5 -- 20 5 -- -- 5 Lot Width, minimum feet 50 50 50 50 50 50 50 25 Front Setback, min. feet 20 25 25 25 25 35 25 0 0 0 -- 0 -- -- 0 -- Front Setback, Build-to Option, Refer to Section 7.03.030.B for the Build-to Option 0 0 0 0 0 0 0 -- Front Setback, Downtown Gateway Overlay Refer to Section 4.13.040 for Downtown Gateway Setbacks Side Setback, min. feet 5 10 10 10 10 20 5 0 Side Setback to Residential, min. feet 10 15 15 15 20 25 15 0 Rear Setback, min. feet 0 0 10 10 10 20 0 0 Rear Setback to Residential, min. feet 20 25 25 25 25 35 25 0 Building Height, max. feet 30 35 45 45 60 60 45 40 Bufferyards Refer to Section 8.08 for Bufferyard Requirements Landscaping Refer to Section 8.03 for Minimum Landscape Requirements Impervious Coverage Refer to Section 11.02 for Impervious Coverage Requirements Fo r M U L o t a n d D i m e n s i o n a l S t a n d a r d s , S e e S e c t i o n 4 . 1 1 A. For properties located in an Overlay Zoning District, additional or alternative provisions may apply. See Chapter 4 for all applicable Overlay Districts. B. For Non-Residential development in a Conservation Subdivision, see Section 11.06 for alternative development standards. C. Additional design limitations may be required for specific uses in Chapter 5 of this Code. When in conflict, the stricter provision shall apply. 7.03.030 Dimensional Interpretations and Exceptions A. Minimum Lot Size Exceptions No building permit or development approval shall be issued for a lot that does not meet the minimum lot size requirements of this Code except in the following cases: a. Nonconforming lots shall be used in accordance with the provisions set forth in Chapter 14. Attachment number 6 Page 4 of 13 7-5 b. Utilities using land or an unmanned building covering less than 1,000 square feet of site area shall be exempt from minimum lot size standards. c. The following types of lots, as defined in Section 16.04, are exempt from the minimum lot size standards of this Chapter: a. Open Space Lots; b. Landscape Lots; c. Drainage Lots; d. Median Lots; and e. Access Lots. B. Setback Exceptions 1. Front Setback, Build-to Option a. For properties in the CN, C-1, OF and PF Districts, the front setback may be reduced to zero (0) feet from the right-of-way line or any applicable public easement, if at least twenty-five percent (25%) of the street-facing building wall of the principal structure is built within five (5) feet of the right-of-way line or applicable public or landscape easement on the primary street. b. Notwithstanding the foregoing provision in subsection (a), parking shall be set back ten (10) feet from the right-of-way line and shall not be located in a public or landscape easement. 2. Front Setback, Downtown Gateway Overlay District All non-residential uses located in the Downtown Gateway Overlay District, regardless of the underlying Zoning District, have special setback requirements. For these properties, the front setback of the underlying Zoning District is reduced to zero (0) feet from the right-of-way line or any applicable public easement. Additional requirements for properties in the Downtown Gateway Overlay District can be found in Section 4.13.040. 3. Side Setback, MU-DT District Development in the MU-DT District may have no side setback if access to the rear of the building is provided on the site or by a dedicated public alley. 4. Side Setback to Public Streets A ten (10) foot side setback is required along all side lot lines that parallel a public street, except when the side lot line abuts a highway frontage road, in which case a twenty-five (25) foot setback is required. 5. Features Allowed Within Required Setbacks a. The following features may be located within a required setback: i. Landscape features (as defined in Chapter 16). ii. Fences and walls. iii. Driveways. iv. Sidewalks. v. Minor utilities. Attachment number 6 Page 5 of 13 7-6 vi. Mechanical equipment such as air conditioning units, pool pumps and similar equipment, but such equipment is not allowed in the front setback and is allowed in the side and rear setbacks only if such equipment cannot be reasonably located behind the structure. vii. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features that extend less than eighteen (18) inches into the setback. viii. On-site parking, in Districts other than Industrial, may be located within a side or rear setback if: a. Such parking is directly adjacent to parking on a neighboring property in a Non-Residential District; b. Such parking is located no closer than five (5) feet from the lot line; and c. The lot complies with the applicable bufferyard requirements in Section 8.08 of this Code. b. None of the features above (except plant materials and public sidewalks) shall extend into a Public Utility Easement without approval of a License to Encroach. C. Building Height 1. Measurement Building height refers to the vertical distance between the lowest finished grade at the edge of the building or the base flood elevation, where applicable, and: a. The average height level between the eaves and ridge line of a gable, shed, hip or gambrel roof; b. The highest point of a mansard roof; or c. The highest point of the coping of a flat roof. 2. Exceptions to Height Limits Except within the Courthouse View Protection Overlay District or as otherwise expressly stated in this Code, building height limitations shall not apply to any of the following: a. Electrical power transmission and distribution lines; b. Belfries, cupolas, spires, domes, monuments, chimneys, radio/television receiving antennas or chimney flues; c. Bulkhead, elevator, water tank, or any other similar structure extending above the roof of any building where such structure does not occupy more than 33% of the area of the roof; and d. Roof parapets, as described in Section 7.04.050.D, may exceed the height limitations of this Code by no more than ten (10) feet. Attachment number 6 Page 6 of 13 7-7 Section 7.04 Building Design Standards 7.04.010 Applicability New buildings and expansions to existing buildings that are adjacent to or front a public street, public park or Residential District shall comply with the standards of Section 7.04, with the exception of those described in Section 7.04.020 below. 7.04.020 Structures Exempt from Building Design Standards A. New buildings of less than 250 square feet and fifteen (15) feet in height are exempt from all requirements of Section 7.04. B. The following are exempt from all requirements of Section 7.04, with the exception of Section 7.04.030: 1. Industrial uses that are located in, and only allowed in, the Industrial District. However, all building walls facing a Gateway roadway, established in Section 4.13, shall meet the standards of Section 7.04. 2. Where building expansions, are less than 20% of the existing building’ square footage, an applicant may request an Administrative Exception to the requirements of Section 7.04, using the process established in Sections 7.04.070 and 3.16. 7.04.030 Foundation Requirements All Non-Residential buildings shall be placed on a poured-in-place permanent slab foundation, an approved engineered pier and beam foundation or other type of approved engineered foundation. Foundation requirements apply only to enclosed covered buildings and do not apply to outdoor structures, open porches, or buildings less than 250 square feet and fifteen (15) feet in height. 7.04.040 Building Elements A. Building Materials At least eighty percent (80%) of the collective walls of a building shall be finished in one or more of the following building materials: 1. Brick, stone, cast stone, rock, marble, granite, glass block, or tile; 2. Stucco or plaster; 3. Split-face concrete block, poured-in-place concrete, and tilt-wall concrete. Any use of concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics to enhance the wall on at least ten percent (10%) of each wall; 4. Glass with less than twenty percent (20%) reflectance. However, a maximum of fifty percent (50%) of the first two (2) stories or floors of a building may be constructed in glass. Above the first two (2) stories or floors, there are no restrictions on the amount of glass; 5. The following materials may be counted towards the minimum building material requirement, but shall not comprise more than forty percent (40%) of the collective walls of the building. a. Exterior Insulation and Finish System (EIFS) or equivalent product; or Attachment number 6 Page 7 of 13 7-8 b. Cellulose fiber-reinforced cement building siding that is horizontally- installed, such as Hardi-plank or similar product approved by a nationally-recognized building products evaluation service. B. Color 1. Side and rear façades shall be finished in a similar color as the front of the building. For sites with multiple buildings, outparcels/pad sites, secondary or accessory buildings, see Section 7.04.060. 2. Any use of color such as bands, stripes, patterns, outlines, or delineations displayed for the purpose of commercial identification (corporate colors) shall not comprise more than twenty percent (20%) of any facade or visible roof face, per the Code definition of “sign” in Chapter 16. C. Roof Styles The following types of roof styles are prohibited: 1. Mansard roofs and canopies without a minimum vertical distance of eight (8) feet and at an angle not less than 25 degrees and not greater than 70 degrees; 2. Roofs less than or equal to a 2-to-12 pitch unless full parapet coverage is utilized; and 3. Back-lit awnings used as a mansard or canopy roof. D. Roof Treatments 1. Parapets shall be used on all flat roofs and meet the following minimum requirements: a. Parapets shall extend a minimum of two (2) feet above the roof line; b. Parapets shall conceal all roof top equipment located on a flat roof from the view of adjacent properties and rights-of-way; c. Parapets shall adhere to the vertical and horizontal requirements for the relevant building wall as described in Section 7.04.040.C above; d. Parapets shall require cornice detailing; e. Parapets shall consist of similar materials and colors as the building walls; f. Parapets shall not be considered during calculations for building height to determine articulation requirements. 2. Where overhanging eaves are used, overhangs shall be no less than two (2) feet beyond the supporting walls. 3. All roof-mounted mechanical equipment shall be screened from view on four sides in accordance with Section 8.09.020. 4. Roof-mounted photovoltaic solar panels are not considered roof-mounted mechanical equipment for the purposes of this Section, but any form of electrical conveyance equipment shall be screened. 5. Roof lighting shall comply with Section 7.05.030.C. Attachment number 6 Page 8 of 13 7-9 E. Entryways and Entrance Treatments 1. Any front entry to a building shall be set back from the drive aisle a minimum distance of fifteen (15) feet. 2. Single-use or multi-tenant buildings over 60,000 square feet in size shall provide clearly defined, highly visible customer entrances that include an outdoor patio area that is a minimum of 200 square feet in area and incorporates the following: a. Benches or other seating components; b. Decorative landscape planters or wing walls that incorporate landscaped areas; and c. Structural or vegetative shading. 3. Pedestrian routes shall be provided between the parking and building(s). 7.04.050 Building Articulation and Architectural Features A. Purpose In order to provide attention in design and human scale and to avoid the massive appearance of large walls and structures, articulation techniques and architectural features shall be incorporated into the building design. B. Applicability Articulation shall apply to all building walls facing a public street, public park, or adjacent Residential Zoning District. However, a wall facing an adjacent Residential District or public park is not required to meet the articulation provisions for such a wall meeting the following criteria: 1. The wall is on a building that is less than twenty (20) feet in height; 2. The wall is set back at least thirty (30) feet from the lot line; and 3. The wall is screened by a Type C Bufferyard that includes a solid screening wall. C. Building Articulation 1. Horizontal Articulation a. No building wall shall extend laterally for a distance greater than three (3) times the building’s average height without a perpendicular offset of at least 25% of such height. b. Where the length of the wall is less than sixty (60) feet, articulation is not required. c. The perpendicular offset shall extend laterally for a distance equal to at least 75% of the building’s average height. d. The perpendicular and lateral offset(s) may be divided and distributed throughout the length of the wall if the applicant demonstrates, to the satisfaction of the Director, that the intent of this Section has been met. 2. Vertical Articulation a. No building wall shall extend laterally for a distance greater than three (3) times the building’s average height without a change in vertical elevation of at least 25% of such height. Attachment number 6 Page 9 of 13 7-10 b. The change in elevation shall extend laterally for a distance equal to at least 75% of the building’s average height. c. The vertical change(s) in elevation may be divided and distributed throughout the length of the wall if the applicant demonstrates, to the satisfaction of the Director, that the intent of this Section has been met. D. Architectural Features In addition to the horizontal and vertical articulation requirements, all building walls shall incorporate at least three (3) of the architectural features listed in Paragraphs 1 and 2 below. Building walls greater than 100 feet in length or buildings greater than thirty (30) feet in height shall incorporate an additional two (2) items from Paragraph 2 below. 1. Awnings, canopies, arcades, alcoves, windows, projections, recessed entries, ornamental cornices, pillar posts, decorative light features, variation in building wall materials, integrated planters or water features, or other similar building element features as approved by the Director or their designee. 2. Offsets, covered porches, stepped-back heights, porticos, varied wall surfaces or other similar building elements as approved by the Director or their designee. 7.04.060 Architectural Compatibility A. Building Walls All building walls facing a public street, public park or adjacent Residential District shall be designed with consistent architectural style, detail and trim features as required by the provisions of Section 7.04. The building materials, color, window and entrance door details and other similar architectural elements on these walls shall continue onto and be compatible with the architectural elements on the adjoining walls for the length of the adjoining walls. B. Buildings Sites with multiple buildings, outparcels/pad sites, secondary and accessory buildings shall be designed to employ architectural elements that are integrated with and common to those used on the primary structure of the site. Architectural elements shall be deemed compatible if consistent in, but not limited to: building materials, color, roof style and pitch, and architectural design and detail. For structures on outparcels/pad sites, all exterior walls shall meet the highest level of treatment outlined in Paragraph (A) above and the preceding Sections. 7.04.070 Alternative Building Design To provide flexibility in the attainment of harmonious building design, an applicant may request an Alternative Building Design using the Administrative Exception process detailed in Section 3.16 of this Code. An Alternative Building Design may be proposed to the provisions for the Building Articulation and Architectural Features, Building Elements, and Architectural Compatibility Sections of this Chapter. The Director shall consider the following criteria and standards in determining whether to grant an Administrative Exception for an Alternative Building Design: A. Whether, if the Administrative Exception is granted: 1. The design would meet the intent, if not the letter, of the design standards set forth in this Chapter; Attachment number 6 Page 10 of 13 7-11 2. The design would produce an aesthetically pleasing building(s) that is comparable to buildings meeting the minimum design standards of Section 7.04; B. Alternative materials such as wood, metal, and glass if they are incorporated into an overall architectural design in an appropriate manner; C. The locations of building walls in relation to an interior public street or an exterior public street in regards to a Business Park or Industrial Park; D. If building walls are significantly screened from view by other buildings on site, natural features or fencing; and E. A variety of building elements or design techniques, additional screening or landscaping, or other site design features are used. Section 7.05 Site Design Standards 7.05.010 Fences Fences shall be constructed in accordance with the following provisions: A. No fence or wall located along a lot line shall be greater than eight (8) feet in height, except as otherwise provided in this Section and in accordance with Section 5.05. B. Fences in the front setback shall be limited to four (4) feet in height. C. Fences in a required setback adjacent to a public right-of-way shall not be located in a public utility easement. D. No fence or other structure more than thirty percent (30%) solid or more than four (4) feet high shall be located within twenty-five (25) feet of the intersection of any rights-of-way. E. The finished side of all fences built to comply with any provision of this Code shall face outward toward the adjoining property or right-of-way. F. All fences shall be constructed to perpetually maintain structural integrity against natural forces such as wind, rain and temperature variations. 7.05.020 Lighting All lighting fixtures designed or placed so as to illuminate any portion of a site shall be shown on a detailed lighting plan and meet the following requirements: A. Outdoor Lighting 1. Fixture (luminaire) The light source shall be completely concealed, fully shielded within opaque housing and shall not be visible from any street right-of-way. Non-residential uses providing residential-style lighting fixtures may use unshielded light sources provided that a single light source fixture does not exceed 75 watts and a multiple light source fixture shall not exceed an accumulated total of 125 watts. In no case shall the illumination level standards exceed those in Subsection D. Attachment number 6 Page 11 of 13 7-12 2. Light Source (lamp) Only incandescent, fluorescent, light-emitting diode (LED), color-corrected high- pressure sodium, or metal halide may be used. The same type must be used for the same or similar types of lighting on any one site throughout any master- planned development. 3. Mounting Fixtures must be designed and mounted in such a manner that the cone of light does not cross any adjacent property lines of neighboring sites. 4. Illumination Levels All site lighting must be designed and installed so that the level of illumination as measured in foot candles at a height of three (3) feet at the property line does not exceed two (2) foot candles. B. Lighting Requirements for Specific Uses 1. Roads, Driveways, Sidewalks and Parking Lots All roads, driveways, sidewalks and parking lots shall be sufficiently illuminated to ensure the security of property and safety of persons using such areas and facilities. Where roads, driveways, sidewalks or parking lots fall on private property, the responsibility for lighting such areas shall fall upon the developer. 2. Entrances and Exits in Non-Residential and Multifamily Buildings Buildings with a Non-Residential or multifamily primary use that are open to the general public, shall have adequately lighted entrances and exits to ensure the safety of persons and the security of the building. 3. Commercial Parking Lot Lighting All commercial parking lots shall be lit during nighttime hours of operation. Lighting fixtures affixed to poles shall be reduced in height to fifteen (15) feet if the use adjoins a Residential District. 4. Canopy Lighting All development that incorporates a canopy area over fuel sales, automated bank machines, or similar installations shall be required to provide lighting for the canopy area. For the purposes of this Section, the canopy area shall be defined as that area immediately below the canopy. Canopy light fixtures shall be full cut-off/walled lighting fixtures or recessed into the canopy so that the bottom of each lighting fixture is flush with the ceiling of the canopy. See illustration below. C. Roof Lighting Standards 1. All bulbs or tubing shall be encased so that the bulb is not naked and that direct glare is prevented. Attachment number 6 Page 12 of 13 7-13 2. Lights shall not run along the highest peak of a roof line, except that perimeter lighting around the top of a flat roof is allowed. 3. Roof lighting that qualifies as a sign under this Code is prohibited. D. Excessive Illumination Lighting within a property that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other property is prohibited. Lighting unnecessarily illuminates another property if it clearly exceeds the requirements of this Section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties. Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. Attachment number 6 Page 13 of 13 City of Georgetown, Texas September 22, 2009 SUBJECT: Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, et al;Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. First Citizens Bank & Trust Company v. City of Georgetown,Cause No. D-1-GN-08-02325, 53rd Judicial District, Travis County, Texas ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # B City of Georgetown, Texas September 22, 2009 SUBJECT: Sec. 551.074 Personnel Matters - Discussion regarding the goal setting criteria for the City Manager ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # C City of Georgetown, Texas September 22, 2009 SUBJECT: Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. - Project Apple ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Jessica Hamilton, City Secretary Cover Memo Item # D