Loading...
HomeMy WebLinkAbout2013-3521 - Ordinance - 09/12/2013 Chapter 12 UDO One - and Two - Family Residential Zoning Districts Ordinance Amendment Page 1 of 53 • ORDINANCE NO. 203 AN ORDINANCE AMENDING CHAPTER 2, "ANIMAL CONTROL," DIVISION 4 "LIVESTOCK, BIRDS, EXOTIC ANIMALS AND WILD ANIMALS" SECTION 2 -51 "KEEPING OF DOMESTIC LIVESTOCK "; CHAPTER 6, "FIRE PROTECTION," SECTION 6 -1 "FIRE PREVENTION CODE," SECTION B "AMENDMENTS TO THE INTERNATIONAL FIRE CODE "; CHAPTER 7, "HEALTH AND SANITATION," SECTION 7 -1 "STAGNANT WATER, TRASH, WEEDS, AND OTHER VEGETATION PROHIBITED," SECTION C "WEEDS AND OTHER UNSIGHTLY VEGETATION PROHIBITED," SECTION 1 "EXEMPTIONS," AND SECTION 7 -2 "UNLAWFUL CONDUCT RELATED TO HEALTH AND SAFETY," SECTION A, SECTION 8; CHAPTER 10, "TRAFFIC CODE," SECTION 10 -6 "PARKING, STANDING OR STORING OF RECREATIONAL VEHICLES, TRAILERS OR TRUCKS IN RESIDENTIAL AREAS," SECTION D "EXEMPTIONS "; CHAPTER 12 "UNIFIED DEVELOPMENT ORDINANCE ", ARTICLE 1 "GENERAL PROVISIONS ", SECTION 1.10 "TRANSITIONAL PROVISIONS ", SECTION B "ZONING DISTRICTS "; ARTICLE 3 "DEVELOPMENT REVIEW PROCEDURES ", SECTION 3.4 "PLAT REVIEW ", SECTION C "APPLICATION REQUIREMENTS ", SECTION 3A "PRELIMINARY PLANS" ; SECTION 3B "FINAL PLATS AND OTHER PLATS TO BE RECORDED "; ARTICLE 4 "ZONING DISTRICTS ", SECTION 4.1 "ESTABLISHMENT OF DISTRICTS "; ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS ", SECTION 5.1 "RESIDENTIAL ZONING DISTRICTS ", SECTIONS A, B, C, D, E, F, G, H, AND I, AND ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS ", SECTION 5.2 "RESIDENTIAL DIMENSIONAL STANDARDS "; ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS ", SECTION 5.5 "RETIRED DISTRICTS ", SECTIONS A, B, C, D, AND E; ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS ", SECTION 5.6 "RETIRED DIMENSIONAL STANDARDS ", BY ADDING SECTION A "RETIRED RESIDENTIAL ZONING DISTRICTS "; SECTION B "RETIRED NON - RESIDENTIAL ZONING DISTRICTS ", AND ARTICLE 6 "USE REGULATIONS ", SECTION 6.3 "TYPES OF USE ", SECTION C "USE TABLE "; ARTICLE 6 "USE REGULATIONS" SECTION 6.4 "SPECIFIC USE STANDARDS "; ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS" SECTION 7.5 "SIGNS ", SECTION C "SUMMARY OF PERMITTED SIGNS," SECTION X "SIGNS FOR CONDITIONAL USES, "; SECTION Y "SIGNS FOR PERMITTED NON - RESIDENTIAL USES IN RESIDENTIAL OR AGRICULTURAL DISTRICTS "; ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS" SECTION 7.7 "BUFFER STANDARDS ", SECTION F "MINIMUM BUFFER STANDARDS "; ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS" SECTION 7.13 "TRAFFIC IMPACT ANALYSES ", SECTION B "DEFINITIONS" AND SECTION C "APPLICABILITY;" ARTICLE 8 "SUBDIVISION DESIGN AND IMPROVEMENTS" SECTION 8.3 "GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR SUBDIVISIONS WITHIN THE CITY LIMITS ", SECTION H "LOTS" AND SECTION K "SIDEWALKS," ARTICLE 9 "NONCONFORMITIES" SECTION 9.4 1110 "NONCONFORMING LOTS OF RECORD," SECTION C "REGULATIONS FOR Chapter 12 UDO One - and Two - Family Residential Zoning Districts Ordinance Amendment Page 2 of 53 0 CERTAIN NONCONFORMING LOTS ZONED A -O (AGRICULTURAL- OPEN) "; ARTICLE 11 "DEFINITIONS ", SECTION 11.2 "DEFINED TERMS" IS HEREBY AMENDED BY ADDING A DEFINITION FOR "DENSITY "; AND CHAPTER 15, "IMPACT FEES," SECTION 15 -1 "GENERAL PROVISIONS," "ASSESSMENT OF IMPACT FEES," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 2, "Animal Control," Division 4 "Livestock, Birds, Exotic Animals, and Wild Animals" Section 2 -51 "Keeping of Domestic Livestock "; Chapter 6, "Fire Protection," Section 6 -1 "Fire Prevention Code," Section B "Amendments to the International Fire Code;" ; Chapter 7, "Health and Sanitation," Section 7 -1 "Stagnant Water, Trash, Weeds, and Other Vegetation Prohibited," Section C "Weeds and Other Unsightly Vegetation Prohibited," Section 1 "Exemptions," and Section 7 -2 "Unlawful Conduct Related to Health and Safety," Section A, Section 8; Chapter 10, "Traffic Code," Section 10 -6 "Parking, Standing or Storing of Recreational Vehicles, Trailers or Trucks in Residential Areas," Section D 0 "Exemptions "; Chapter 12, Article 1 "General Provisions ", Section 1.10 "Transitional Provisions ", Section B "Zoning Districts "; Article 3 "Development Review Procedures ", Section 3.4 "Plat Review ", Section C "Application Requirements ", Section 3a "Preliminary Plans" and Section 3b "Final Plats and Other Plats to be Recorded "; Article 4 "Zoning Districts ", Section 4.1 "Establishment of Districts ", and Article 5 "District Purpose Statements and Supplemental Standards ", Section 5.1 "Residential Zoning Districts ", Section A, B, C, D, E, F, G, H, and I; Article 5 "District Purpose Statements and Supplemental Standards ", Section 5.2 "Residential Dimensional Standards "; Article 5 "District Purpose Statements and Supplemental Standards ", Section 5.5 "Retired Districts ", Section A, B, C, D, and E; Article 5 "District Purpose Statements and Supplemental Standards ", Section 5.6 "Retired Dimensional Standards ", by adding Section A "Retired Residential Zoning Districts" and Section B "Retired Non - Residential Zoning Districts "; Article 6 "Use Regulations ", Section 6.3 "Types of Use ", Section C "Use Table ", and Article 6 "Use Regulations," Section 6.4 "Specific Use Standards "; Article 7 "General Development Standards ", Section 7.5 "Signs," Summary of Permitted Signs," Section X "Signs for Conditional Uses," and Section Y "Signs for Permitted Non - Residential Uses in Residential or Agricultural Districts," and Article 7 "General Development Standards ", Section 7.7 "Buffer Standards," Section F "Minimum Buffer Standards," and Article 7 "General Development Standards ", Section 7.13 "Traffic Impact Analyses," Section B "Definitions" and Section C • "Applicability "; Article 8 "Subdivision Design and Improvements ", Section 8.3 "General Requirements and Minimum Standards of Design for Subdivisions Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 3 of 53 • Within the City Limits," Section H "Lots" and Section K "Sidewalks," and Article 9 "Nonconformities ", Section 9.4 "Nonconforming Lots of Record," Section C "Regulations for Certain Nonconforming Lots Zoned A -O (Agricultural- Open)," and Article 11 "Definitions ", Section 11.2 "Defined Terms" is hereby amended by adding a definition for density; and Chapter 15, "Impact Fees," Section 15 -1 "General Provisions," "Assessment of Impact Fees, "of the Code of Ordinances of the City of College Station, Texas, are amended as set out in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E ", Exhibit "F ", Exhibit "G ", Exhibit "H ", Exhibit "I ", Exhibit "J ", Exhibit "K ", Exhibit "L ", Exhibit "M ", Exhibit "N ", Exhibit "0" Exhibit "P ", Exhibit "Q ", Exhibit "R ", Exhibit "S ", and Exhibit "T" attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: ha any person, firm, or corporation violating any of the provisions of this 3: T hat y p rp g Y P chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty -Five Dollars ($25.00) or more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12 day of September, 2013. APPROVED: ‘ r■eve\-r-A4/ TA7 Mayor T: ity Secrey APP OVED: 4' ty At rney I EXHIBIT LIST A Chapter 12, Article 1, Section 1.10, Section B B Chapter 12, Article 3, Section 3.4, Section C, Section 3A, & 3B C Chapter 12, Article 4, Section 4.1 D Chapter 12, Article 5, Section 5, Sections A, B, C, D, E, F, G, H &I E Chapter 12, Article 5, Section 5.2 F Chapter 12, Article 5, Section 5.5, Sections A, B, C, D, & E G Chapter 12, Article 5, Section 5.6, Sections A &B H Chapter 12, Article 6, Section 6.3, Section C I Chapter 12, Article 6, Section 6.4 J Chapter 12, Article 7, Section 7.5, Section C, X & Y K Chapter 12, Article 7, Section 7.7, Section F L Chapter 12, Article 7, Section 7.13, Section B & C M Chapter 12, Article 8, Section 8.3, Section H & K N Chapter 12, Article 9, Section 9.4, Section C 0 Chapter 12, Article 11, Section 11.2 P Chapter 2, Division 4 Section 2 -51 Q Chapter 6, Section 6 -1 R Chapter7, Section 7 -1, Section 7 -1, Section C, Section 1, Section 7 -2 S Chapter 10, Section 10 -6, Section D T Chapter 15, Section 15 -1 ORDINANCE NO. 220.3 "3520 Page 4 zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan; Bicycle, Pedestrian, and Greenways Master Plan; Central College Station Neighborhood Plan; Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right -of -way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 4 of 53 EXHIBIT "A" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 1 "GENERAL PROVISIONS ", SECTION 1.10 "TRANSITIONAL PROVISIONS ", SECTION B "ZONING DISTRICTS" IS HEREBY AMENDED TO READ AS FOLLOWS: Article 1 — General Provisions Sec. 12 -1.10. Transitional Provisions. B. Zoning Districts. 1. Retained Districts. The following zoning districts and district names in effect prior to the effective date of this UDO and represented on the official zoning map of the City of College Station shall remain in effect. Those districts are shown on the following table: !District Name Effective Date WPC Wolf Pen Creek Dev. Corridor June 13, 2003 L NG -1 Core Northgate June 13, 2003 NG-3 Residential Northgate June 13, 2003 College and University June 13, 2003 PDD Planned Development June 13, 2003 OV Corridor Overlay June 13, 2003 � � I 2. Renamed Districts. The following district, M -1, known as Planned Industrial prior to the adoption of this UDO, shall henceforth be renamed M -1, Light Industrial. District New name Effective Date IM -1 Light Industrial June 13, 2003 The following district, R -6, known as Apartment High Density prior to the adoption of this UDO, shall hence forth be designated R -6, High Density Multi- Family. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 5 of 53 District New name Effective Date [R -6 High Density Multi - Family 1 13, 2003 The following district, NG -2, known as NG -2, Commercial Northgate prior to this amendment of this UDO, shall henceforth be renamed NG -2, Transitional Northgate. District New name lEffective Date NG-2 Transitional Northgate April 2, 2006 The following district, 0, known as A -P Administrative Professional prior to this amendment of this UDO, shall henceforth be renamed 0, Office. District 1New name Effective Date O Office October 7, 2012 The following district, GC, known as C -1 General Commercial prior to this amendment of this UDO, shall henceforth be renamed GC, General Commercial. District New name { Effective Date GC 1 General Commercial October 7, 2012 The following district, CI, known as C -2 Commercial Industrial prior to this amendment of this UDO, shall henceforth be renamed CI, Commercial Industrial. l _. District New name Effective Date CI Commercial Industrial October 7, 2012 The following district, R, known as A-0 Agricultural Open prior to the amendment of this UDO, shall henceforth be renamed R, Rural. District New name Effective Date f �R [Rural September 22, 2013 The following district, E, known as A -OR Rural Residential Subdivision prior to the amendment of this UDO, shall henceforth be designated E, Estate. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 6 of 53 l District 1 wewflame Effective Date E Estate September 22, 2013 The following district, GS, known as R -1 Single - Family Residential prior to this amendment of this UDO, shall henceforth be renamed GS, General Suburban. J District `New name lEffective Date GS General Suburban September 22, 2013 The following district, D, known as R -2 Duplex Residential prior to this amendment of this UDO, shall henceforth be renamed D, Duplex. I District New name Effective Date r D Duplex September 22, 2013 The following district, T, known as R -3 Townhouse prior to this amendment of this UDO, shall henceforth be renamed T, Townhouse. (District , New name Effective Date IT Townhouse September 22, 2013 I The following district, MHP, known as R -7 Manufactured Home Park prior to this amendment of this UDO, shall henceforth be renamed MHP, Manufactured Home Park. District New name Effective Date rMHP Manufactured Home Park September 22, 2013 I 3. Combined Districts. The districts listed below are hereby combined into the single zoning district hereafter designated as R -4, Multi - Family. Combined Name Effective Date Districts R Apartment/Low Density June 13, 2003 Chapter 12 LJDO One- and Two-Faniily Residential Zonin Districts Ordinance Amendment Page 7 of 53 R'6 Density .--------^------� ----�----� --'-------� ---- The districts listed below are hereby combined into the single zoning district hereafter designated as GO, General Commercial. r ��-------------- --------------'------------------'----�---' Combined Name Effective Date Districts C-B Business Commercial June 13, 2003 --�-----------� ---' -- ------- | General Commercial � � The districts listed below are hereby binad into the oingl*zoning district hereafter designated as C-3 Light ' . ;Combined Name Effective Date Districts I C-3 Planned Commercial June 13, 2003 1 C-N Neighborhood Business 4. Retired Districts. The following districts are no longer eligible for Zoning Map Amendment requests. Properties with the following designations at the time of this amendment retain all uaeo, negu|aUnno, and requirements associated with these districts. I Retired Name Effective Date District 1R-1B Single-Family Residential September 22, -----�-----------| 2013 IC-3 Light Commercial October 7, 2012 R&D Research & Development October 7, 2012 M-1 Light Industrial October 7, 2012 I M-2 Heavy Industrial 2012 1 ________________' 5. New Districts. Chapter 12 UDO One and Two-Farnily Residential Zoning Districts Ordinance Amendment Page 8 of 53 The following districts are hereby created and added to those in effect at the time of adoption of this UDO. New Name Effective Date District Redevelopment Distric June 13, 2003 [ PMUD Planned Mixed Use Development June 13, 2003 The foliowing districts are hereby created and added to those in effect at the hme of this amendment of the UOD. ;New 1Name Effective Date NAP Natural Areas Protected October 7, 2012 ---'-- - -----'------ -- ------ ------- Suburban Commercial October 7, 2012 BP Business Park October 7.2012 [BPI Business Park Industrial October 7, 2012 The following districts are hereby created and added to those in effect at the time of this amendment of the UDO. New Name Effective Date \ 'Disthct ! RS Restricted Suburban October G.2013 6. Redesignated District. Henceforth all areas designated Existing Rural Residential (A-0X) shall be redesignated A-0 Agricultural-Open. ------� ------------------------- ------------------- -- --- ( ' Previous Effective Date Dietrict A-OX Existing Rural Residential June 13, 2003 � { � Redesignated Name District Chapter 12 UDO One- and Two - Fancily Residential Zoning Districts Ordinance Amendment Page 9 of 53 1 A-0 Agricultural -Open Henceforth all areas designated Planned Unit Development (PUD) shall be redesignated Planned Development Districts (PDD). The individual ordinances that created the PUDs shall remain in effect, along with all provisions and conditions listed therein. Any modification of a former PUD shall follow the provisions for PDDs listed herein. Previous Name Effective Date District 1PUD Planned Unit Development June 13, 2003 Redesignated Name District 1 PDD Planned Development Districts Henceforth all areas designated R -1A shall be redesignated R -1, Single- Family Residential. 1 Previous Name Effective Date District R -1A Single- Family Residential June 13, 2003 Redesignated Name District R -1 Single - Family Residential 7, Deleted Districts. The following districts not existing on the official zoning map on the effective date of this UDO are hereby deleted: Deleted Name Effective Date District C -PUD Commercial Planned Unit Dev. June 13, 2003 C -NG Commercial Northgate June 13, 2003 (Ord. No. 2012 -3450, Pt. 1(Exh. A), 9 -27 -2012) Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 10 of 53 EXHIBIT "B" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 3 "DEVELOPMENT REVIEW PROCEDURES ", SECTION 3.4 "PLAT REVIEW ", SECTION C "APPLICATION REQUIREMENTS ", SECTION 3A "PRELIMINARY PLANS" AND SECTION 3B "FINAL PLATS AND OTHER PLATS TO BE RECORDED ", IS HEREBY AMENDED TO READ AS FOLLOWS: Article 3. Development Review Procedures Sec. 12 -3.4. Plat Review. C. Application Requirements. 3. When required to submit the following, the applications shall comply with and /or show the following information: a. Preliminary Plans. When submitting preliminary plans, the following information is required: 1) The preliminary plan shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Chapter 12, Article 8 Subdivision Design and Improvements; 2) Provide the preliminary plan on sheets twenty -four (24) inches by thirty -six (36) inches to a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five hundred (500) feet per inch or larger; 3) The words "PRELIMINARY PLAN - NOT FOR RECORD" shall appear on the plan in letters one -half ( %) inch high; 4) The date the preliminary plan was submitted and the dates of any revisions shall legibly appear on the plan; 5) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 6) The name and address of all property owners, developers and subdividers, engineers, and surveyors; 7) The legal description by metes and bounds of the subdivision or development which shall close within accepted land survey standards. An accurate location of the subdivision or development shall be provided by reference to an established survey or league corner, City of College Station horizontal control monument, subdivision corner, or other known point. Primary control points or descriptions and ties to such control point, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The preliminary plan shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part; 8) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 9) The name of contiguous subdivisions and names of owners of contiguous parcels, and an indication whether or not contiguous properties are platted; Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 11 of 53 10) The following existing features shall be shown: (a) The location, dimension, name and description of all recorded streets, alleys, reservations, easements, or other public or private rights -of -way within the subdivision or development, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of line, design pressure and product transported through the line shall be shown; (b) The location, dimension, description and name of all existing or recorded lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision or development; (c) The location, dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision, development or contiguous thereto; (d) The location of the one hundred -year floodplain according to the most recent best available data; 11) Date of preparation, scale in feet, and north arrow; 12) Topographic information, including contours at two -foot intervals, flow line elevation of streams, and wooded areas; 13) The location, approximate dimensions, description and name of all proposed streets, alleys, drainage structures, parks, or other public areas, easements, or other rights -of- way, blocks, lots, and other sites within the subdivision or development. Proposed channel cross sections, if any. Existing and /or proposed well site locations; 14) A number or letter to identify each lot and each block. Lots and blocks shown on a preliminary plan should be numbered sequentially; 15) Location of current City limits line, and current zoning district boundaries; 16) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits. No scale is required but a north arrow is to be included; 17) Show number of residential lots and average lot size when applicable; 18) Provide a note to identify a Cluster Subdivision when applicable; 19) Provide any oversize participation requests that will be sought; 20) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc; 21) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; and 22) Eleven -inch by seventeen -inch copies of the preliminary plan (not necessarily to scale) will be requested by the Administrator when the preliminary plan has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration. b. Final Plats and Other Plats to be Recorded. When submitting Final Plats, Replats, Minor Plats, Amending Plats, Vacating Plats, and Development Plats, the following shall be required: 1) The plat shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Chapter 12, Article 8 Subdivision Design and Improvements unless expressly provided for otherwise; Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 12 of 53 2) Provide current certified tax certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision; 3) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, hens, encumbrances, etc; 4) Provide the plat on sheets twenty -four (24) inches by thirty -six (36) inches to a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five hundred (500) feet per inch or larger; 5) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits. No scale is required but a north arrow is to be included; 6) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 7) Date of preparation, scale in feet, and north arrow; 8) The name and address of all property owners, developers, subdividers, engineers, and surveyors responsible for the plat; 9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 10) For a replat where there are existing improvements, provide a survey of the subject property showing the improvements to ensure that no setback encroachments are created; 11) The name of contiguous subdivisions and names of owners of contiguous parcels, and an indication whether or not contiguous properties are platted; 12) The location of the one hundred -year floodplain and floodway according to the most recent best available data; 13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat should be numbered sequentially; 14) Provide the number of lots and average lot size when applicable; 15) Provide a note to identify a Cluster Subdivision when applicable; 16) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; 17) The Plat shall also include the following, based on field survey and marked by monuments and markers: (a) The exact location, dimensions, name, and legal description of all existing or recorded streets, alleys, easements, or other rights -of -way within the subdivision or development, intersecting or contiguous with the boundary or forming such a boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance, and length of all curves, where applicable; (b) The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, and other public areas, easements, or other rights -of -way, blocks, lots, and other sites within the subdivision or development, with accurate dimensions, bearings, or deflection angles and radii, areas, center angle, degree of curvature, tangent distance, and length of curves, where applicable; Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 13 of 53 (c) Lot corner markers and survey monuments shall be shown clearly by symbol, and clearly tied to City of College Station horizontal control monuments; (d) The following, when applicable, shall appear on the face of the plat: (See examples in Chapter 12, Article 8 Subdivision Design and Improvements.) i, Certificate of Ownership and Dedication; ii. Certificate of Surveyor and /or Engineer; iii. Certificate of City Engineer; iv. Certificate of Planning and Zoning Commission; v. Certificate of the County Clerk; vi. Certificate of City Planner; and vii. Certificate of Approval. 18) The plat shall be accompanied by the construction documents and reports as prescribed below and bearing the seal and signature of a registered professional engineer. All shall be in accordance with the Bryan /College Station Unified Design Guidelines and the Bryan /College Station Unified Technical Specifications and shall include the following: (a) Construction plans shall be provided on twenty- four -inch by thirty- six -inch sheets; (b) Street, alley, and sidewalk plans, profiles, and sections, with specifications and detail cost estimates; (c) Sanitary sewer plan with contours, plan and profile lines, showing depth and grades, with sewer report and detailed cost estimates; (d) Water line plan showing fire hydrants, valves, etc., with specifications and water report and a detailed cost estimate. This may be combined with related information supplied for preliminary plan submissions; (e) Storm drainage system plan with contours, street lines, inlets, storm sewer and drainage channels with profiles and sections. Detail drainage structure design and channel lining design if used, with specifications, drainage report, and detailed cost estimate; (f) Street lighting plan showing location of lights, design, and with specifications and detailed cost estimates; and (g) Any associated necessary items, including but not limited to off -site public utility easements, permits or approval of governmental agencies. 19) Eleven -inch by seventeen -inch copies of the plat (not necessarily to scale) will be requested by the Administrator when the plat has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration. Chapter 12 UDO One- and Two-Family Residential Zoning Districts Ordinance Amendment Page 14 of 53 EXHIBIT "C" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 4 "ZONING DISTRICTS" SECTION 4.1 "ESTABLISHMENT OF DISTRICTS" IS HEREBY AMENDED TO READ AS FOLLOWS: Article 4. Zoning Districts Sec. 12-4.1. Establishment of Districts. Residential Zoning Districts R Rural E Estate RS Restricted Suburban GS General Suburban D Duplex 1 R-3 T Townhouse R-4 Multi-Family R-6 High Density Multi-Family I M" Manufactured Home Park Chapter 12 UDO One- and Two-Family Residential Zoning Districts Ordinance Amendment Page 15 of 53 - - - Non-Residential Zoning Districts NAP Natural Areas Protected 0 Office SC Suburban Commercial GC General Commercial I CI Commercial Industrial BP Business Park BPI Business Park Industrial 1 I CU College and University Planned Districts 1 P-MUD Planned Mixed-Use District PDD Planned Development District [Design Districts WPC Wolf Pen Creek Development Corridor --- Northgate NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate _ _ _ i I Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 16 of 53 Overlay Districts OV Corridor Overlay RDD Redevelopment District K0 Krenek Tap Overlay NPO Neighborhood Prevailing Overlay NCO Neighborhood Conservation Overlay HP Historic Preservation Overlay Retired Districts [R -1B Single- Family Residential — C -3 Light Commercial R &D Research & Development 1M -1 Light Industrial I I M_2 Heavy Industrial I For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are hereby divided into the zoning, design, and overlay districts enumerated below, The intensity regulations applicable for such zoning districts are designated in Chapter 12, Article 5 and the use regulations are designated in Chapter 12, Article 6 of this UDO. (Ord. No. 2012 -3450, Pt. 1(Exh. B), 9 -27 -2012) Sec. 12 - 4.5. - Application of District Regulations. B. Newly Annexed Territory. The administration of this UDO to newly annexed territory shall consider the following provisions: 1. Any territory hereafter annexed to the City of College Station, not otherwise classified at the time of annexation, shall be classified by applying the R Rural District. 2. Upon annexation, no person shall initiate any development or construction activity, including site preparation, foundation forming, sign erection, construction, improvement, repair or demolition Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 17 of 53 within a newly annexed area without first applying for and obtaining the appropriate permits or other approvals required by this UDO. 3. No person relying on a claim of vested rights shall continue any development activity within a newly annexed area without first applying for and obtaining a building permit; however, persons are not precluded from the following activities: a. Continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or b. Beginning to use land in the area in the manner that was planned for the land before the ninetieth (90th) day before the effective date of the annexation if: 1) One (1) or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and 2) A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. 4. In accordance with § 43.002. Continuation of Land Use, of the Texas Local Government Code, the City may apply the following regulations within newly annexed territory: a. A regulation relating to the location of sexually- oriented businesses; b. A regulation relating to preventing imminent destruction of property or injury to persons; c. A regulation relating to public nuisances; d. A regulation relating to flood control; e. A regulation relating to the storage and use of hazardous substances; f. A regulation relating to the sale and use of fireworks; or g. A regulation relating to the discharge of firearms. 5. Any person with an interest in property within a newly annexed area may apply to the Administrator for a determination of the vested rights such person has, if any, to continue development activities initiated prior to annexation. Such determinations shall be based upon all pertinent facts and upon the relevant decisions of State and Federal courts. The applicant may submit any written evidence to the Administrator for consideration. The Administrator's written determination shall be final unless duly appealed to the Zoning Board of Adjustment. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 18 of 53 EXHIBIT "D" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS" SECTION 5.1 "RESIDENTIAL ZONING DISTRICTS ", SECTIONS A, B, C, D, E, F, G, H, AND I ARE HEREBY AMENDED TO READ AS FOLLOWS: Article 5. District Purpose Statements and Supplemental Standards Sec. 12 -5.1. Residential Zoning Districts. Occupancy of any dwelling in the following districts shall be limited to "family" as defined by this UDO. A. Rural (R). This district includes lands that, due to public service limitations, inadequate public infrastructure, or a prevailing rural or agricultural character, are planned for very limited development activities. This district is designed to provide land for a mix of large acreages and large -lot residential developments. Open space is a dominant feature of these areas. This district may also serve as a reserved area in which the future growth of the City can occur. B. Estate (E). This district is designed to provide land for low- density single - family lots. These areas shall consist of residential lots averaging twenty thousand (20,000) square feet when clustered around open space or large lots with a minimum of one acre. Subdivisions within this district may contain rural infrastructure. C. Restricted Suburban (RS). This district is designed to provide land for detached medium - density, single - family residential development. These areas shall consist of residential lots averaging eight thousand (8,000) square feet when clustered around open space or larger lots with a minimum of ten thousand (10,000) square feet. D. General Suburban (GS). This district includes lands planned for single - family residential purposes and accessory uses. This district is designed to accommodate sufficient, suitable residential neighborhoods, protected and /or buffered from incompatible uses, and provided with necessary and adequate facilities and services. E. Duplex (D). This district contains land that has been planned for duplex residential purposes and associated uses. Characterized by moderate density, it may be utilized as a transitional zone. The following supplemental standards shall apply to this district: 1. Single- family dwellings shall conform to GS General Suburban Standards. 2. Where parking is provided in the front yard of a duplex, an eight -foot setback shall be required between the property line and the nearest side of the parking pad. This eight -foot setback area must contain a three -foot screen consisting of a continuous berm, hedge, or Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 19 of 53 wall. In addition, an eight -foot setback shall be required between the dwelling unit and the nearest side of the parking pad. F. Townhouse (T). This district contains land, which is to be used for a unique type of dwelling, typically designed for individual ownership, or ownership in- groups of single - family attached residences constructed on individually - platted lots. The following supplemental standard shall apply to this district: Single- family dwellings shall conform to GS General Suburban standards. G. Multi - Family (R -4). This district provides land for development of apartment and condominium units at low to medium densities. This district may serve as a transitional zone between lower density residential areas and other residential or non - residential areas. The following supplemental standards shall apply to this district: 1. Duplex dwelling units shall conform to D Duplex standards. 2. Townhouse dwelling units shall conform to T Townhouse standards. H. High Density Multi - Family (R -6). This district contains land used for a variety of housing types, but primarily multiple family dwellings. This district is designed to provide the highest density in the community for developments in close proximity to the University. The following supplemental standards shall apply to this district: 1. Duplex dwelling units shall conform to D Duplex standards. 2. Townhouse dwelling units shall conform to T Townhouse standards. I. Manufactured Home Park (MHP). This district contains land that is located, designed and operated as a site for residential uses consisting of manufactured homes in accordance with the permitted uses. The following supplemental standards shall apply to this district: 1. The construction, reconstruction, alteration, or enlargement of a manufactured home park must be pursuant to an approved site plan. 2. Minimum manufactured home park area is two (2) contiguous acres. 3. Maximum gross density shall be ten (10) dwelling units per acre. 4. Minimum setback for a manufactured home from a public street shall be fifteen (15) feet. 5. Minimum setback for a manufactured home from a lot line shall be fifteen (15) feet. 6. Minimum setback for a manufactured home from a private street, parking, or other common area shall be fifteen (15) feet. 7. Minimum setback between two (2) manufactured homes shall be fifteen (15) feet; except that private accessory storage structures located on an individual manufactured home lot need not maintain a separation from the manufactured home that occupies the same lot. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 20 of 53 8. Parking areas may be located within common parking areas or on individual manufactured home lots, provided that the parking required for each manufactured home is located within two hundred (200) feet of each lot. 9. Each manufactured home park lot shall have access to public utilities, and it shall have vehicular access to /from either a public right -of -way or private drive. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 21 of 53 EXHIBIT "E" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS" SECTION 5.2 "RESIDENTIAL DIMENSIONAL STANDARDS" IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 12 -5.2. Residential Dimensional Standards. The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Chapter 12 UDO One- and Two- Family Residential Zoning Districts Ordinance Amendment Page 22 of 53 Residential-Zoning Districts R E (N) RS (J) GS (J) T D M HP R -4 R -6 Accessory Structures Non - Clustered Residential Zoning Districts Average Lot Area per Dwelling 3 Acres tAcre 10,000 SF 5,000 SF 2,000 SF 3,500 SF None None Unit (DU) Average Average 1 Absolute M in. Lot Area per 2Acres 1Acre 6,500 SF 5,000 SF 2,000 SF 3,500 SF None None Dwelling Unit (DU) Min.LotWdth None 100'(L) 70' 50' None 35' /DU(E) None None M in. Lot Depth None None None 100' None 130' None None Refer to Section 12- M in. Front Setback (H) 50' 30' 25' 25'(D) 25'(D) 25'(D) (L) 25'(D) 25'(D) 6 5 M in. Side Setback 20' 10' 7.5' 7.5' (A) 7.5'(C) (A)(B) (A)(B) Accessory Uses (L) M in. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' M in. Side Setback between N/A 15' 15' 15' 7.5' 15' 7.5' 7.5' Structures (B) M in. Rear Setback (I) 50' 20' 20' 20' 20' 20'(F) 20' 20' M ax. Hei ht 35' 35' 35' 2.5 Stories/ 35' 2.5 Stories/ g (G)(K)(L) (G)(K)(L) (G)(K)(L) 35' (G)(K)(L) (G)(K)(L) 35' (G)(K)(L) (G)(L) (G)(L) M ax. Dwelling Units/Acre 0.33 1.0 4.00 8.0 14.0 12.0 10.0 20.0 30.0 N/A (Subdivision Gross) Clustered Residential Zoning Districts Average Lot Area per Dwelling 20,000 SF 8,000 SF Unit (DU) Average Average 3,750 SF Absolute M in. Lot Area per 10,000 SF 6,500 SF 3,750 SF Dwelling Unit (DU) M in. Lot Wdth 100' (M) None None M in. Lot Depth None None None M in. Front Setback (H) M in. Side Setback M in. Street Side Setback N/A N/A N/A N/A N/A N/A N/A Refer to Section 12.8.3.H.4, Cluster M in. Side Setback between Development, Specific District Structures (B) Standards M in. Rear Setback (I) Max. Height 35' (G) (K) 35' (G) (K) 2.5 Stories/ 35'(G)(K) M ax. Dwelling Units /Acre 10 4.00 8.0 (Subdivision Gross) Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 23 of 53 Notes: (A) A minimum side setback of seven and one -half (7.5) feet is required for each building or group of contiguous buildings, (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right -of -way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single - family residence or duplex be built within fifteen (15) feet of another primary structure, See Chapter 12, Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off - street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 12- 7.2.H, Height. (H) Reference Section 12- 7.1.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I) Reference Section 12- 7.2.D.1.b for lots with approved rear access. (J) For areas within a Single - Family Overlay District, reference the Neighborhood Prevailing Standards Overlay Districts Section in Article 5 or the Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts, (K) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) In subdivisions built to rural street standards, lots shall be a minimum of one hundred (100) feet in width. There is no minimum lot width in cluster subdivisions built to urban street standards. (N) Estate lots that are part of a subdivision existing on or before September 12, 2013 are not permitted to use Cluster Development Standards without rezoning approval, which incorporates the entire subdivision. (Ord. No. 2012 -3449, Pt. 1(Exh. M), 9 -27 -2012; Ord, No. 2012 -3458, Pt. 1(Exh. A), 11 -8 -2012; Ord. No. 2013 -3471, Pt. 1(Exh. B), 1 -10 -2013) Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 24 of 53 EXHIBIT "F" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS" SECTION 5.5 "RETIRED DISTRICTS ", SECTIONS A, B, C, D, AND E ARE HEREBY AMENDED TO READ AS FOLLOWS: Sec. 12 -5.5. Retired Districts. Retired Districts include districts existing prior to the amendment of this UDO. Existing districts will continue to remain in effect but these districts are not available for any new Zoning Map Amendment proposals. A. Single - Family Residential (R -1 B). This district is designed to provide and for detached single - family residential suburban development. This district contains lots that are larger than the minimum GS lot, but smaller than the minimum E. B. Light Commercial (C -3). This district is designed to provide locations for commercial sites that are too small for many permitted uses in the GC, General Commercial District. These are moderately low traffic generators that have little impact on adjacent areas or on adjacent thoroughfares. The following supplemental standard shall apply to this district: No C -3 zoning district, including adjacent C -3 zoning districts, shall exceed a combined total of five (5) acres in area. C. Research & Development (R &D). This district is designed for administrative and professional offices, and research and development oriented light industrial uses meeting the standards and performance criteria established in this section. These uses could be compatible with low intensity uses and all residential uses, thereby maintaining the character and integrity of neighborhoods. This district should be carefully located in areas where there is sufficient access to arterial level thoroughfares. The following supplemental standards shall apply to this district: 1. Performance Criteria for All Uses. a. Impervious Surface: Impervious surface is limited to seventy (70) percent. b. Floor Area Ratio (FAR): The maximum FAR in this district shall not exceed fifty (50) percent. c. Building Materials: All main buildings shall have not less than ninety (90) percent of the total exterior walls, excluding doors, windows and window walls, constructed or faced with brick, stone, masonry, stucco or precast concrete panels. d. Signs: Any detached or freestanding signage shall meet the criteria for low- profile signs established in Section 12 -7.5, Signs. Materials shall match building facade materials. e. Other District Regulations: Uses should be designed to provide adequate access and internal circulation such that travel through residentially -zoned or developed areas is precluded. All processes are to be conducted inside buildings and there shall be no outside storage or business activity. Any business operations occurring during the hours between 7:00 p.m. and 6:00 a.m. must meet all the performance criteria established in this section, Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 25 of 53 • as well as limit vehicular access into the site through a designated access point that mitigates any adverse impacts of the traffic on surrounding residential areas. 2. Additional Standards. a. This section may be applied to any conditional use proposed in this district when either the Administrator or Development Engineer believes that the existing performance standards contained in this UDO are insufficient to address the proposed use because of its technology or processes and thus, will not effectively protect adjacent existing or future land uses. One (1) or both shall so advise the Planning and Zoning Commission in writing. b. In such cases, the Planning and Zoning Commission shall hold a hearing to determine whether a professional investigation or analysis should be performed to identify and establish additional reasonable standards. If so determined, based on the information presented at the hearing, the Planning and Zoning Commission will identify the areas to be investigated and analyzed and will direct the staff to conduct the appropriate research necessary to develop standards for successful management of the new project. Any and all costs incurred by the City to develop additional standards shall be charged to the applicant and included as an addition to the cost of either the building permit fee or zoning application fee. D. Light Industrial (M -1). This district is provided for offices, research and development activities and high technological, light manufacturing, non - polluting industries that are self- contained. It is further intended that the Light Industrial District may be compatible with adjacent uses in any other district, depending upon the character of the operation and the conditions imposed. E. Heavy Industrial (M -2). This district is designed to provide land for manufacturing and industrial activities with generation of nuisance characteristics greater than activities permitted in the CI and M -1 zoning districts. Permitted uses within this district are generally not compatible with residential uses of any density or lower intensity commercial uses. (Ord. No. 2012 -3450, Pt. 1(Exh. C), 9 -27 -2012; Ord. No. 2013 -3471, Pt. 1(Exh. C), 1 -10 -2013) Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 26 of 53 EXHIBIT "G" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 5 "DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS ", SECTION 5.6 "RETIRED DIMENSIONAL STANDARDS ", BY ADDING SECTION A "RETIRED RESIDENTIAL ZONING DISTRICTS" AND SECTION B "RETIRED NON- RESIDENTIAL ZONING DISTRICTS ", ARE HEREBY AMENDED TO READ AS FOLLOWS: Sec. 12 -5.6. Retired Dimensional Standards. A. Retired Residential Zoning Districts The following table establishes dimensional standards that shall be applied within the Retired Residential Zoning Districts, unless otherwise identified in this UDO: Retired Residential Zoning Districts �_.. R 1B Min. Lot Area per 8,000 SF Dwelling Unit (DU) {Min. Lot Width None Min Lot Depth iNone Min. Front Setback (H) 25'(D) Min. Side Setback 7.5' (C) i Min. Side Street Setback 15' Min. Side Setback 15' between Structures (B) Min. Rear Setback (I) 20' Max. Height • 2.5 Stories /35'(G)(K)(L) 1 Max. Dwelling Units /Acre 6.0 Notes: (A) A minimum side setback of seven and one -half (7.5) feet is required for each building or group of contiguous buildings. (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right -of -way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single - family Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 27 of 53 residence or duplex be built within fifteen (15) feet of another primary structure. See Chapter 12, Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off - street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 12- 7.2.H, Height. (H) Reference Section 12- 7.1.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I) Reference Section 12- 7.2.D.1.b for lots with approved rear access. (J) Reference Section 12 -5.12 for areas in Neighborhood Prevailing Standards Overlay Districts and reference Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (Ord. No. 2012 -3449, Pt. 1(Exh. M), 9 -27 -2012; Ord, No. 2012 -3458, Pt. 1(Exh. A), 11 -8 -2012; Ord. No. 2013 -3471, Pt. 1(Exh. B), 1 -10 -2013) B. Retired Non - Residential Zoning Districts The following table establishes dimensional standards that shall be applied within the Retired Non - Residential Zoning Districts, unless otherwise identified in this UDO: Retired Non - Residential Zoning Districts TC-3 R &D M- 1 - - -- . 111/1-2 Pin Lot Area None 120,000 SF 1 None 1 None Min. Lot Width 124' 100' 100' [None 1Min. Lot Depth 100' 200' 1200' None Min. Front Setback 25' [ o' 125' 125' [Min. Side Setback (A)(B) 30'(B) 1(A)(B) [(A)(B) Min. St. Side Setback 15' 30' 15' 25' [Min. Rear Setback 115' 130'(D) 115' 115 Max. Height (C) (C) (C) (C) Notes: (A) A minimum side setback of seven and one -half (7.5) feet shall be required for each building or group of contiguous buildings. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 28 of 53 (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or separated by a dedicated public right -of -way or easement of at least fifteen (15) feet in width. (C) See Section 12- 7.2.H, Height. (D) When abutting non - residentially zoned or used land, the rear setback may be reduced to twenty (20) feet. (E) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (Ord. No. 2012 -3450, Pt. 1(Exh. C), 9 -27 -2012; Ord. No. 2013 -3471, Pt. 1(Exh. B), (Exh. C), 1 -10 -2013) (Ord. No. 2012 -3450, Pt. 1(Exh. C), 9 -27 -2012; Ord. No. 2013 -3471, Pt. 1(Exh. B), (Exh. C), 1 -10 -13 Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 29 of 53 EXHIBIT "H" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 6 "USE REGULATIONS" SECTION 6.3 "TYPES OF USE ", SECTION C "USE TABLE" IS HEREBY AMENDED TO READ AS FOLLOWS: Article 6. Use Regulations Sec. 12 -6.3. Types of Use. C. Use Table. Except where otherwise specifically provided herein, regulations governing the use of land and structures with the various zoning districts and classifications of planned developments are hereby established as shown in the following Use Table. 1. Permitted Uses. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this UDO. 2. Permitted Uses Subject to Specific Standards. A "P *" indicates a use that will be permitted, provided that the use meets the provisions in Section 12 -6.4, Specific Use Standards. Such uses are also subject to all other applicable regulations of this UDO. 3. Conditional Uses. A "C" indicates a use that is allowed only where a conditional use permit is approved by the City Council. The Council may require that the use meet the additional standards enumerated in Section 12 -6.4, Specific Use Standards. Conditional uses are subject to all other applicable regulations of this UDO it a a a a s a a a s a a s N. z NMI a l0 a 1 ME a IM000 EEM I _ 01 _ 1101 a a 100 1 1 100101 lo 11101 . ` *.T __ 11110011 101001011•, 111-1 ..,. *ma 1 ■111 ■■111 111-11111111 a 1111■ Z 1111111111 1110100 10a 11111 j � 111111111111N1 1 a a 1111 -O ENO 11111 _, *E 111 111111 11111111.0. 11111 W' et,t, 1111111101 a 11 a 11 a 011111 ., 1111111 11 11111111101 11111 „2 1111111 11 01101101 1a 11111 1111111111 11101 a01 oa 11111 "' • � 1111111111 1110 ■-•1100 11111 O � a 1011111111 NM a 0 -NCI -1 11100 f a® N 1-11111111 1a000a00.00 11101 c ® a • v 1111111111101 a a1a10aa 1110.1 Z 1111111111 10100 -010.1 11111 ,� d • i 111111 -In a 10000001100 11111 d 111 ■101111 111111 -MIME 11111 921 E 00 -001 -010 11101101100 11111 • * �a o00a01aa1a 111011011-- 11111 * a *' 111.1111 -1 111011011 -El 11111 , 11111111-11 111011011aa 11111 SO > To su 1111111101 11111E011-1 11111 z • :: 1111111111111 - 111 111 11E11 a 11111 a E L ° a EMI 1101 111111:1111111111111 111111:1111111111111 a -111 o 3 v I a 1111111101 1100110110- 0001 - 4`" . 4 0 > E Y ( 2 0 w 00 N p C '_ T N bc 3 N o > '0 c b . o > 0 c -00 a ` 0 ❑ Y N 'C 0 O f0 aJ u ■ 0 > 'a. -.1 D 7 N F- J O O` 0 . a G C (0 0 a c v c v' Q v ro O *� . c Z o o °� c c a coo � ii v u r,,v iv O v , O ( m y o O N 0 o 0.° 0 0 to 0 . 0 0 -0 — .' E o = o F- _ Y u c Z o a` c 4 _ o 0) N u_ O a H > a, tr , u w c E E - 0 bp u „ O' a ii: m u. a 01 b E m = •5 w Z , 'u •u •u •u •u - '^ v :c 0 ai a i a 'u 'u () a 0 = C r VI N IA (0 @ U O O N 8 V 9 0 0 a LL a ,. u. LL 0 J 2 , LL a ) O a, ? ? �' 0 t0. G , OO Q — _ — al 0 a/ Q C u 0 E 0 a) U C c U C C C C E' v > V to f0 N t0 t0 - M F b0 - L A to N O O O O O O E U O W .. 0 0. U U co u W C X , L 4 a ■ L.L. d S U 0 00 r00 N roo co , f-, .0 (n 2 0 0 0 0 2 W v c, ,_ c E a ) C Y V DD c -,..J. 0 0 0 0 0 0> 0 0 r_ 0 2 'C o o a, m O en e9 n c j 0. cc m w 0 0 a s , , , in F a w w - w w w C7 2 2 a a V 0 0 0 c Q Q N -a ;o zfl.51M a a * a a - - a a a n. t 4- _„ ,., Ye' 1') a a s a a a a a a a as a * a a. a a a a n. a 0 * c J4 , ., a a s a * a a a s a. a s a s a a a QY y a a s U *a Cl_ a a u a a a a a a 0 a * *0'811 a a. * a s a a a f Z a 6 * ®` Z W a a a a U a * * a a a a a a a a a -- ▪ 9I-a a a * r.1 ,, a * * a t CL * a i o @ a a a a s a s a s a s n- ' 0 CL M a 1•,; a * ** a a a a a a a* a a a 0 a a a a a v a a * a s a.) 'a a- a a a a a p a 0 a a a a a a a s a a CC C * a , a * a a 0 a a a n 1 * *a f1W d a a a a a a a a a a a a u a a. a a a a as a I a * * *dHW u a 0 * a * **V-1:1 u a * * *a a * * *1 a y * SD a a - Q Sa a a * . tr. 1 3 0- a o * . N ,1 a * a * U U a c a) '0 N y W C C.) a LL C In O U c a E-• o C u O _ O O • N I t c `' C O O __ > O N p al N O p u O C' 0 C bA a ..' Q N 0 c a c c N Q I Z avi c V cc ' v a c v u • • E Q l' N O — M fa O > a -o Fes N O w n, 3 p c LL a o 0 c a > '> CA o V E c H a m p L . i., G LL > -6 N a a c (a ' > O E a L C L M V7 Vl 4) Y O a , E c E a D o o L U in 0 a - o - o F_, a — a ._ — l7 Q 0 E 3 02$ no c,1., o 0. a r0 a •> >• > N c co 3 c al c o d J ,..z F. N Q — — � .O p ,_ L o E a _o _o m v o N ( 4 N N N'. ro U O a m co a c U L a J o L c c N n V an c c a a a p w m C w C L n " a c T a c ° = 3 u c i c t.5 0, ' � `- in in i n _T c_ Q C (a a s , n1 - a c O @ O L L N U N C C C \@ O _ - _ ra - '.. Y Y L� O 'y (a v U O a w u v E E c c T> >. a c ro ro a+- snow L- i .E u ,° x 0 w LA Q• 0 'J O O O O O n3 3 - c c O a a O `- co a L to a a a a a a t D vi v Q V U U U U 0 0 0 u LL LL l7 2 2 S Z O a a a acc a a a aii)(_/) o )' a * a a a ,- 1l,:Il a a. a a 0 , c ;'hl01 a a a a a) ,;, r A� a * * r d a a * *Q'8N a a * a u a ,'!; ZiN a a a a a a a a* a a a a a a a a T a a a a. a s a U a * * * U a * *£-D a a a _ 8L -81-11 a a i ;1 a a u a * I i �1! %� a o o '^ ,1 ;: i a a a a a a a a a a a a a a a a. a a a ui I t i L `i I :t :I a a 0- a a u a u a w a m a) 0). I !a ?,s;. a a a a a a a a s a a V a 'O w 4 >, o M . 0 3; a a a a a a a u a 0 o N o 0 E m ,.); * * a E 'X 0 G a) m D O ' o a a u a (0 4 0 Z co U FV **a nw-d a a a a 0 0 cn o 0 N * *dHW a a o . ° N * *9 a a 0 m -� . - E -o co 0 * *b - * a o m �( . U C CC W * *d a a @ E N O o.."2 a i *l. a a > o _o o 00 'j in v 1 S9 a a in n Y N j c S8 a a 6 ova o +_ cv CJ Q o a4 en * o of) . {{ ' 3 a a c Z .5 74`V * * ° 0 o s a o ��? a a a u a o 0 CJ a) ^� c C O C O N O + N + - O a` .2 O oar, p O . (�- N pp O N N '� a) CO "oo �( N V O O - a.. h ! CO 0 -• O N 0 W N COQ v m cn a) N a) ro 6 CNN aEi mU �' 0 u N c D E c <Qi ncr' O C U — a) a ) a) r M •-- •> m — � � � d P 3 c p-) O �-• H C N + a 0 . N a) 0 Q -NNNO� — a) c Z a m e E - •- •- _ c c) o 6 o 0 v ' E ■ m z v E o G Z 7 Z G 0 1- E _ o v n ,_ u LL u- 3 S° ) a) a) o a> 0) O i W O L O CO J 0 0 C . 0 . N a) U 0 (1 0 c Q G 0. U Q) Y O O °" M O a) (a m o (O N v LL n u E u o 0 0 2f c o � = a c O o a a E Z 3 o m '� u u u Z U w «° AAA Q U . n 7 _ 0 r. v v c v a w o — E E E ( ` o a (1) O ° � ' cad L.I. 0 u u Y ' t E E E [1 0_ a Q. c� v 0 03 C �i v 0 0 r a > ',7) c o n° 'p N 0 0 0 U O - V) v V) ,:t F 4 '.--, no v L °' w on 0 0 0) 0 Q - y- m N 0 a) to J 2 m 10 a) - L C a) a! a) w 0) O V v v Q o = a m 0 0 a ' in ?_ F- F- F- .� a (n m c m m efl } u p 0 a) i 0 n m u.; w to a. in H O — ' 's. 0 0) L= a) +' > O to Q) a) a1 1 F.. .0 2 m '(q U O = Y �' 0 0 > > C m U .- L vi a) v v 0 LJJ G O L � O > L 0 cc u _o C C , o ` D , m m n 0 U F- L' (n > z 0 C N In N F- > > > Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 33 of 53 EXHIBIT "I" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 6 "USE REGULATIONS" SECTION 6.4 "SPECIFIC USE STANDARDS ", IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 12 -6.4. - Specific Use Standards. The following specific use standards shall apply to those uses listed below and identified in the Use Table in Section 12 -6.3, Types of Use, with a "P *." A site plan review, as required by Section 12 -3.6, Site Plan Review, is required for all specific uses identified herein. For the purposes of this section, buffers shall comply with Section 12 -7.7, Buffer Requirements unless specified herein. For the purposes of this section, residential areas or uses shall mean existing developed or developing (platted) residential uses including single - family and multi - family housing, townhomes, and duplexes. A. Animal Care Facilities. Any animal care facilities with defined outdoor uses and /or facilities shall be located a minimum of five hundred (500) feet from existing or developing residential areas; and facilities with outdoor facilities for large animals shall be permitted in R Rural, only. X. Wireless Telecommunication Facility (WTF). 3. Permitted Locations. a. All Intermediate WTFs are permitted by right in the following zoning districts: R Rural M -1 Light Industrial M -2 Heavy Industrial GC General Commercial CI Commercial Industrial C -3 Light Commercial NG Northgate City -owned premises O Office R &D Research & Development WPC Wolf Pen Creek PDD Planned Development District (except PDD -H) BP Business Park BPI Business Park Industrial. b. Major WTFs are allowed in the following zoning districts with a Conditional Use Permit: R Rural M -1 Light Industrial M -2 Heavy Industrial BP Business Park BPI Business Park Industrial GC General Commercial CI Commercial Industrial C -3 Light Commercial O Office R &D Research & Development City -owned premises. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 34 of 53 c. WTFs may locate on City -owned premises without a conditional use permit with approval of the City Council and subject to the requirements of this UDO. 6. Requirements for New Transmission Towers. a. Setbacks. The standard setbacks for each zoning district will apply to WTFs with additional setbacks or separation being required in the sections below. To protect citizens in their homes, transmission towers shall be placed a distance equal to the height of the tower away from any residential structure. And, non - stealth towers shall be set back a distance equal to the height of the tower away from any GS, R -1 B, or D zone boundary. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 35 of 53 EXHIBIT "J" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS" SECTION 7.5 "SIGNS ", SECTION C "SUMMARY OF PERMITTED SIGNS," SECTION X "SIGNS FOR CONDITIONAL USES," AND SECTION Y "SIGNS FOR PERMITTED NON - RESIDENTIAL USES IN RESIDENTIAL OR AGRICULTURAL DISTRICTS," IS HEREBY AMENDED TO READ AS FOLLOWS: Article 7 General Development Standards Sec. 12 -7.5. - Signs. C. Summary of Permitted Signs. The following signs are permitted in the relevant zoning districts of the City: a .- N 43 I & C � 7 D F- cc cc 2 O l 7 0 u m m cc 2 2 Apartment /Co X X X ndominium/ Manufactured Home Park Identification ' Signs [Area X X X X X X X X X X X X X X X X X X X 'S Identification/ ubdivision Signs Attached Signs X X X X X X X X X X X X X Campus X X X X X X X Wayfinding Signs Commercial X X X X X X X X X X X X Banners Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 36 of 53 1DevelopmentX X X X X X X X X X X X X X X X X X X 'Signs Directional X X X X X X X X X X Traffic Control Signs - -- - - -- - - -- ------- - - - - -- -- - -- — - -- - - - - -- -- Freestanding * ** X X X X Signs Home X X X X X X X X X • Occupation Signs Low Profile X X X X X X X X X X Signs Non- X X X X X X X X X X X X X X X X X X X Commercial Signs Real Estate, X X X X X X X X X X X X X X X X X X X Finance, and Construction Signs Roof Signs X r l X X Per Ordinance No. 2011 -3348 (May 26, 2011) * One (1) Freestanding Sign shall be allowed in the 0 Office zone only when the premise has a minimum of two (2) acres. ** Freestanding Signs are permitted for building plots with freeway frontage only. See 12 -7.5.N "Freestanding Commercial Signs" for additional standards. X. Signs for Conditional Uses. 1, Signs for Conditional Uses shall comply with the regulations for the zoning district in which the Conditional Use is permitted. 2. Signs for Conditional Uses in residential or rural zoning districts shall comply with Section 12- 7.5.F, Sign Standards, "Low Profile Signs." Y. Signs for Permitted Non - residential Uses in Residential or Rural Districts. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 37 of 53 Signs for non - residential permitted uses in residential or rural zoning districts shall comply with Section 12- 7.5.F, Sign Standards, "Low Profile Signs." Signs for government facilities in residential or rural zoning districts shall comply with Section 12- 7.5.I, Sign Standards, "Attached Signs." Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 38 of 53 EXHIBIT "K" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS" SECTION 7.7 "BUFFER STANDARDS ", SECTION F "MINIMUM BUFFER STANDARDS" IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 12 -7.7. Buffer Requirements. F. Minimum Buffer Standards. The buffer requirements are designed to permit and encourage flexibility in the widths of buffer yards, the number of plants required in the buffer yard, and opaque screens. Standard buffer requirements are depicted in the table below. The numbers shown are the required buffer widths. DEVELOPING USE - -�~ ABUTTING PARCEL* (Classification) (Use more restrictive of the zoning or the developed use.) { Single Family Multi - Family Non - Residential Residential • Residential J Single- family • 1N/A N/A N/A Multi-Family ✓ 10' (1) N/A N/A Office 10' (1) N/A N/A Commercial 15' (2) 10' (1) N/A Industrial ---- - - - -_ - -- 25' (2) - -- 15' (Z) - - - - -- 5' Suburban Commercial 20' (1) N/A N/A DEVELOPING USE ABUTTING PARCEL* (Classification) (Use more restrictive of the zoning or the developed use.) Single- Family Multi - Family Non - Residential Residential • Residential J Business Park 50' (2) 15' (2) 5' Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 39 of 53 [Business Park Industrial 50' (2) 30' (2) 10' ** SOB 50' (2) 50' (2) 50' (2) J Includes duplexes. • Includes manufactured homes, mobile homes, manufactured home parks, and townhouses. * When an abutting parcel is vacant and zoned R Rural, the Administrator shall use the future land use of the property as designated on the Comprehensive Land Use Plan in lieu of the zoning category in determining the buffer requirement. ** When an abutting parcel is zoned BP Business Park or BPI Business Park Industrial, the buffer width shall be reduced to five feet (5'). (1) Fence (2) Wall Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 40 of 53 EXHIBIT "L" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS" SECTION 7.13 "TRAFFIC IMPACT ANALYSES ", SECTION B "DEFINITIONS" AND SECTION C "APPLICABILITY," IS HEREBY AMENDED TO READ AS FOLLOWS: Sec. 12 -7.13. Traffic Impact Analyses. B. Definitions. 1. Trip Generation Rates. Trip Generation Rates are used to estimate the amount of vehicular traffic generated by proposed rezoning or a proposed site plan. For Zoning TIAs, these rates are shown by zoning district in the table below. Site plan TIAs shall use rates set forth in the latest edition of the Trip Generation Report published by the Institute of Transportation Engineers (ITE), unless said Report does not adequately address the type or intensity of the proposed land use. In this event the applicant or his agent shall submit projected vehicle trips to the Administrator. For land uses adequately represented in said Report, alternate trip generation rates shall not be accepted. Table 1 Trip Generation: Residential Land Uses Zoning Maximum ITE Land Trip Rate / Trip Rate / Classification Units /Acre Use Code Unit Acre R-4 J 20.0 220 10.62 12.4 R-6 30.0 220 0.62 18.6 MHP Determined by Administrator P -MUD Determined by Administrator C. Applicability. 1. Zoning TIA. Any zoning request, except for certain "redevelopment" areas, requests for R, E, GS, R- 1 B, D, or T zoning classifications which is expected to generate at least one hundred fifty (150) vehicle trips during any peak hour period requires a TIA. Where the Comprehensive Plan designates a property as "Redevelopment" a TIA is required if the zoning request is expected to generate at least one hundred fifty (150) vehicle trips during any peak hour period more than those generated by the currently approved use(s) on the property. A zoning request involving multiple zoning districts is required to have a TIA based on the Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 41 of 53 total traffic generated for all the proposed districts. A TIA may be required for a zoning request that generates less than one hundred fifty (150) trips in the peak hour, where the peaking characteristics could have a detrimental impact on the transportation system as determined by the Administrator. A TIA shall be required unless the applicant demonstrates to the satisfaction of the Administrator that a TIA is not necessary for the proposed rezoning request. In cases where a TIA is required, the rezoning application will be considered incomplete until the TIA is submitted. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 42 of 53 EXHIBIT "M" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 8 "SUBDIVISION DESIGN AND IMPROVEMENTS" SECTION 8.3 "GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR SUBDIVISIONS WITHIN THE CITY LIMITS ", SECTION H "LOTS" AND SECTION K "SIDEWALKS," IS HEREBY AMENDED TO READ AS FOLLOWS: Article 8. Subdivision Design and Improvements Sec. 12 -8.3. General Requirements and Minimum Standards of Design for Subdivisions within the City Limits. H. Lots. 4. Cluster Development. a. General Purpose. A cluster development is intended to provide open space, preserve unique environmental features, or protect the character of rural areas. It is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively do not exceed the maximum density limit for the underlying zoning district. Through the cluster development option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots within the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district, Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below. b. Conflict with Other Regulations. If there is a conflict between the cluster development standards of this Section and any other requirement of this UDO, the standards of this Section control. Where no conflict exists, a cluster development is subject to all other applicable requirements of this UDO. c. Where Allowed. Cluster developments are allowed in residential E Estate, RS Restricted Suburban, and GS General Suburban zoning districts. d. Approval Procedure. Cluster Developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary. e. Specific District Standards 1. Estate — a. Lot Size. The minimum average lot size is 20,000 square feet with an absolute minimum lot size of 10,000 square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 43 of 53 as noted below. Subdivisions with all lots over 20,000 square feet and lot widths of 100 feet may use rural character roads, Subdivisions containing any lots below 20,000 square feet must use urban street standards. b. Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten feet. 2. Restricted Suburban — a. Lot Size. The minimum average lot size is 8,000 square feet with an absolute minimum lot size of 6,500 square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b. Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten feet. 3. General Suburban — a. Lot Size. The minimum lot size is 3,750 square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b. Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. f. Open Space. 1. Description of Open Space. Any parcel or parcels of land or an area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of all residents of a proposed project. Open space may include amenities such as private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity. Areas encumbered by right -of -way, easements, or utilized as parking may not be counted towards the Open space requirements. Open spaces must be privately owned and maintained by a Home Owners Association (HOA). Common open space must be set aside and designated as an area where no development will occur, other than project - related recreational amenities or passive open space areas. The Commission may require that up to fifty (50) percent of required common open space be useable recreational space, if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development. 2. Common Open Space Required for Cluster Developments. a. Minimum Requirement. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 44 of 53 1. Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district. 2. Common open space must be provided in an amount of at least ten (10) percent of the gross area of the development, or fifteen (15) percent of the gross area if the development is located in a Growth Area. 3. All proposed lots shall have direct access to the common open space, via access easement, sidewalk, or street. Common open space may be located at the rear of lots only when the space is designed for active recreation or a design concept is submitted to staff for approval. Examples of active recreation areas may include amenities such as sports fields, hike or bike trails, parks, amenity centers, and golf courses. 4. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The required common open space must be arranged to provide at least 30 percent of the space in at least one contiguous area. The minimum dimensions of such space must be 25 feet by 25 feet. The remaining required common usable open space may be distributed throughout the building site and need not be in one such area; provided, however, no area containing less than 1000 square feet will be considered common usable open space. 5. The minimum common open space area must be at least equal to the difference between: a. The actual, average lot area per dwelling unit within the cluster development; and b. The required lot area per dwelling unit for conventional development within the underlying base zoning district. 6. The common open space requirement shall not be credited toward the parkland dedication requirements specified in the City subdivision ordinance. K. Sidewalks. 3. Sidewalk Exceptions. Sidewalks are not required: d. Along new or existing streets within a Rural Residential subdivision constructed to the rural section; or e. Along existing local /residential streets unless sidewalks have been identified in the Bicycle, Pedestrian, and Greenways Master Plan or in the applicable neighborhood, district, or corridor plan. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 45 of 53 EXHIBIT "N" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 9 "NONCONFORMITIES" SECTION 9.4 "NONCONFORMING LOTS OF RECORD," SECTION C "REGULATIONS FOR CERTAIN NONCONFORMING LOTS ZONED A- O (AGRICULTURAL- OPEN)" IS HEREBY AMENDED ": Article 9. - Nonconformities Sec. 12 -9.4. - Nonconforming Lots of Record. C. Regulations for Certain Nonconforming Lots Zoned R Rural. 1. A single - family dwelling and accessory structure(s) in areas zoned R Rural, may be erected or structurally altered on a nonconforming lot of record, that is not Tess than five thousand (5,000) square feet in area and not more than one (1) acre in area, so long as the structure or the addition to the structure complies with the setbacks established by the GS General Suburban zoning district. 2. A single - family dwelling or accessory structure located on property within the area annexed by Ordinance No. 3331, adopted by the City Council on April 14, 2011, may be erected or structurally altered on a nonconforming lot of record provided the proposed construction complies with the setback requirements established by the GS General Suburban zoning district. (Ord. No. 2011 -3355, § 1(Exh. B), 6 -23 -2011; Ord. No. 2012 -3449, Pt. 1(Exh. M), 9 -27 -2012) Chapter 12 UDO One and Two - Family Residential Zoning Districts Ordinance Amendment Page 46 of 53 EXHIBIT "Q" THAT CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 11 "DEFINITIONS" SECTION 11.2 "DEFINED TERMS" IS HEREBY AMENDED BY ADDING A DEFINITION FOR "DENSITY ": Article 11. Definitions Sec. 12 -11.2. Defined Terms. For the purpose of this UDO, certain words as used herein are defined as follows: Density: The number of dwelling units per gross acre. (Ord. No. 2012 -3450, Pt. 1(Exh. F), 9 -27 -2012) Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 47 of 53 EXHIBIT "P" THAT CHAPTER 2, "ANIMAL CONTROL," DIVISION 4 "LIVESTOCK, BIRDS, EXOTIC ANIMALS AND WILD ANIMALS" SECTION 2 -51 "KEEPING OF DOMESTIC LIVESTOCK" IS HEREBY AMENDED TO READ AS FOLLOWS: Chapter 2 ANIMAL CONTROL DIVISION 4. LIVESTOCK, BIRDS, EXOTIC ANIMALS AND WILD ANIMALS Sec. 2 -51. Keeping of domestic livestock. Keeping of domestic livestock is allowed in accordance with the zoning land use regulations of the City set forth for an R Rural zone and an E Estate zone as same may from time to time be amended and by meeting the regulations in this chapter. When allowed pursuant to the zoning land use regulations of the City, the following additional requirements apply for domestic livestock: (1)Not allowed to be at large. Domestic livestock shall be kept within structures or enclosures or lawfully tethered and not permitted to run at large; (2)Avoid creation of health hazard. An owner of domestic livestock shall be responsible for the proper pickup and disposal of all animal feces. Feces must be removed often enough so that there is no odor or fly attraction which would disturb a person of normal sensibilities or otherwise constitute a health hazard; (3)Distance requirements. The structure or enclosure within which the livestock may be confined shall be not less than one hundred (100) feet from any structure used for human occupancy, except the dwelling occupied by the owner of the domestic livestock. A deviation from this distance may be considered upon the owner making proper application before the Zoning Board of Adjustment. (4)Contact information. The owner of the livestock shall post their contact information at all entrances to the livestock enclosure, including their name, address, and telephone numbers. (5)Proof of vaccinations. The owner of the domestic livestock shall make available to the animal control authority proof of current vaccinations as may be required pursuant to applicable law, including Brucellosis for all cattle eighteen (18) months of age and over except steers and spayed heifers per Texas Administrative Code Title 4, Part 2, Chapter 35, as amended, and a negative test for Equine Infectious Anemia for horses, mules, and donkeys as required under Texas Administrative Code Title 4, Part 2, Chapter 49, as amended, for horses at an event or gathering, horses in stables or breeding farms, or any horse that has had a change of ownership. (Ord. No. 2013 -3488, Pt. 1(Exh. A. § d(A)), 3 -28 -2013) Sec. 2 -52. Fowl. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 48 of 53 (1) Keeping allowed without permit. Keeping of fowl is allowed in accordance with the zoning land use regulations of the City set forth for an R Rural zone and an E Estate zone as same may from time to time be amended and by meeting the regulations in this chapter, Sec. 2 -55. Rabbits. (1) Keeping allowed without permit. Keeping of rabbits is allowed in accordance with the zoning land use regulations of the City set forth for an R Rural zone and an E Estate zone as same may from time to time be amended and by meeting the regulations in this chapter. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 49 of 53 EXHIBIT "Q" THAT CHAPTER 6, "FIRE PROTECTION," SECTION 6 -1 "FIRE PREVENTION CODE," SECTION B "AMENDMENTS TO THE INTERNATIONAL FIRE CODE" IS HEREBY AMENDED TO READ AS FOLLOWS: Chapter 6 FIRE PROTECTION Sec. 6 -1. Fire Prevention Code. B. Amendments to the International Fire Code. The International Fire Code, as referred to above is hereby amended as follows: (16) Section 507.5.2 (Inspection, Testing and Maintenance) is amended by deleting the section in its entirety and replacing with the following: Section 507.5.2 (Inspection, Testing and Maintenance) Public fire hydrants shall be installed in single - family and duplex districts zoned E Estate, RS Restricted Suburban, GS General Suburban, and D Duplex at such locations that no part of any structure shall be more than five hundred (500) feet from a fire hydrant as measured along the right -of -way of a public street as the fire hose is laid off the fire truck. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 50 of 53 EXHIBIT "R" THAT CHAPTER 7, "HEALTH AND SANITATION," SECTION 7 -1 "STAGNANT WATER, TRASH, WEEDS, AND OTHER VEGETATION PROHIBITED," SECTION C "WEEDS AND OTHER UNSIGHTLY VEGETATION PROHIBITED," SECTION 1 "EXEMPTIONS," AND SECTION 7 -2 "UNLAWFUL CONDUCT RELATED TO HEALTH AND SAFETY," SECTION A, SECTION 8 IS HEREBY AMENDED TO READ AS FOLLOWS: Chapter 7 HEALTH AND SANITATION Sec. 7 -1. Stagnant water, trash, weeds, and other vegetation prohibited. (C) Weeds and other unsightly vegetation prohibited. It shall be unlawful for any person owning, claiming, occupying, or having supervision or control of any real property within the City to permit weeds, brush, or any objectionable or unsightly vegetation to grow due to lack of vegetation management upon any such real property. It shall be the duty of such person to keep the area from the line of his property to the curb line adjacent to it free and clear of matter referred to above. Objectionable or unsightly vegetation includes all weeds and grasses that exceed twelve (12) inches in height. (1)Exemptions: (a) State highway rights -of -way. (b) Agricultural areas, agricultural meaning crop production and /or grazing. (c) Heavily wooded areas filled with uncultivated underbrush. (d) The cultivation of concentrated wildflowers from March 1 until June 15 of each year in areas where grasses and weeds do not exceed eighteen (18) inches in height. (e) Areas that are zoned R Rural or E Estate. Sec. 7 -2. Unlawful conduct related to health and safety. (A) A person commits an offense if he: (8) Allows the open storage of commodities and materials for sale, lease, inventory or private use in areas zoned as residential. Such materials shall be screened by a solid fence and shall not be visible from a public right -of -way. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 51 of 53 Commodities are defined as, but not limited to: appliances, automotive parts, building materials, firewood, furniture (excluding patio and lawn furniture), and landscape materials. Firewood stored in rear or side yards, and R Rural and E Estate zoning districts are exempt from the screening requirements, Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 52 of 53 EXHIBIT "S" THAT CHAPTER 10, "TRAFFIC CODE," SECTION 10 -6 "PARKING, STANDING OR STORING OF RECREATIONAL VEHICLES, TRAILERS OR TRUCKS IN RESIDENTIAL AREAS," SECTION D "EXEMPTIONS," IS HEREBY AMENDED TO READ AS FOLLOWS: Chapter 10 TRAFFIC CODE Sec. 10 -6 Parking, Standing, or Storing of Recreational Vehicles, Trailers, or Trucks in Residential Areas. D. Exemptions Residential properties zoned R Rural or E Estate shall be exempt from the regulations contained in Subsection B of this Section. Chapter 12 UDO One- and Two - Family Residential Zoning Districts Ordinance Amendment Page 53 of 53 EXHIBIT "T" THAT CHAPTER 15, "IMPACT FEES," SECTION 15 -1 "GENERAL PROVISIONS," "ASSESSMENT OF IMPACT FEES," IS HEREBY AMENDED TO READ AS FOLLOWS: Chapter 15 IMPACT FEES Sec. 15 -1. General provisions. Assessment of impact fees. (1) The approval of any new development shall include as a condition the assessment of the impact fee applicable to such development. (2) Assessment of the impact fee for any new development shall be made as follows: (Ordinance No. 1972 of August 27,1992) (a) A development which is submitted for approval pursuant to the City's subdivision regulations following the effective date of this chapter, assessment shall be at the time of final plat approval for R Rural, E Estate, RS Restricted Suburban, GS General Suburban, D Duplex , T Townhouse, R -4 Apartment /Low Density, R -5 Apartment Medium Density, R -6 Apartment High Density, and R -7 Mobile Home Park and assessment for all other Zoning Districts shall be at the time of issuance of the building permit, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in Exhibit C, as computed by the procedures set forth in Subsection H(1). The City, in its sole discretion, may provide the subdivider with a copy of Exhibit C prior to final plat approval, but such shall not constitute assessment within the meaning of this chapter. (Ordinance No. 22 of May 21,1997)