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Item 7ECity of Southlake Department of Planning MEMORANDUM January 17, 2003 TO: The Honorable Mayor and City Council FROM: Bruce Payne, AICP, Planning Director SUBJECT: Ordinance 480 -SS: AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE NO.480, as amended, pertaining to the creation of a `Downtown" Zoning district REQUESTED ACTION: Conduct a public hearing and consider Second Reading of Ordinance 480 -SS - proposed revisions to the Comprehensive Zoning ordinance pertaining to the creation of a "Downtown" Zoning district intended to be applied to Southlake Town Square NR -PUD APPLICANT: City initiated. P & Z ACTION: December 5, 2002; Recommended Approval 4 -0 -1 (subject to recommended changes made by P &Z Commissioners) COUNCIL ACTION: December 17, 2002; First Reading Approved on Consent (6 -1) January 6, 2003; Council Work Session on proposed ordinance amendment BACKGROUND: Southlake Town Square has become recognized as a unique development due to its qualities as a true small town downtown. At the time of its inception, the City's Non - Residential Planned Unit Development standards (NR -PUD) were used as a base to tailor regulations to create this mixed -use development. Of late, valid concerns have been raised about the applicability of blanket NR -PUD regulations to Town Square. In particular, questions about the appropriateness of the Town Square land use use mix elsewhere in the City are being raised. In other words, does the land use mix in Town Square create a precedent in other NR- PUDs? In addressing the above concerns and in recognizing the unique nature of Town Square, the Planning Department, under Council direction, is proposing the creation of a Downtown Zoning district. This district will specifically apply to the City's Downtown as Ordinance 480 -SS: April 1, 2011 identified by the community, thus ensuring its long -term viability and distinction as the center of community life. The proposed standards are based primarily on existing NR -PUD standards as they apply to Southlake Town Square and will act in concert with the 1998 Land Use Plan amendment and the Downtown district Guidelines. Changes are focused on formatting of land uses for consistency, ease of application, and consolidation of development standard amendments. In response to Council concerns over the lack of design guidelines, staff is proposing a draft set of Downtown District Design Guidelines for development in the Downtown district. These guidelines are based primarily on existing development in Town Square with provisions for changes to address future development trends. On January 6, 2003, City Council had a work session to review and discuss the proposed ordinance. Attached with this memo is a list of the comments received on the proposed amendments and the corresponding staff responses. The proposed changes only create the zoning district and will not apply to Town Square until the current Town Square NR -PUD is rezoned to the new district. SUPPORTING Attachment L Proposed Ordinance 480 -SS (annotated version) DOCUMENTS: 1. Section 37 — `DT' Downtown Zoning district 2. Section 34 — Accessory Uses 3. Section 44 — Board of Adjustment 4. Attachment VI: Section 45 — Specific Use Permits Attachment IL Proposed Ordinance 480 -SS (clean version) Attachment III: Proposed Downtown District Design Guidelines Ordinance 480 -SS: April 1, 2011 Attachment VI -1 Sections 37.1, 37.2, 37.3, 37.6, 37.7, 37.8, and 37.9 are all new additions to the existing standards regulating development in Town Square. In Section 37.4 and 37.5, all existing NR -PUD standards or the NR -PUD amendments that have not been changed appear as normal text. Deletions appear as str ethf^ug and additions appear as red and underlined text. Text changes indicated in blue, double underlines and are changes made after P &Z recommendation. Italicized text that appears in parentheses indicates staff comments. Add the following as Section 37, "DT" Downtown Zoning district: Section 37 "DT" Downtown district 37.1 Purpose & Intent: The purpose of the Downtown district is to encourage the creation of a pedestrian - oriented, mixed -use urban environment development, providing shopping, employment, housing, and business and personal services. Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. The Downtown district is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. T Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the establishment of a 'Village Center - west' between S.H 114 and FM 1709, east of Carroll Avenue and west of Kimball Avenue. The appropriate eeoogra_phic location for the Downtown district shall be limited to the area known as Village Center — west. The Downtown district is intended to be a unique, contiguous area of no less than 100 acres in size. The Downtown district implements the 1998 Land Use Plan, as amended, which encourages the development of a mixed -use town center that will create a focal point for the community y way of its geographic location, standards for development and mix of uses and services' and identifies an appropriate location for "Town Center" land use desi nab Attachment) - 1: Section 37 - Downtown District 37 -3 Ordinance 480 -SS: April 1, 2011 (The preceding paragraphs were added to strengthen the link between the land use plan and its implementation through the zoning ordinance. This linkage also provides decision - makers with adequate rationale to make future rezoning decisions based on the land use designation.) 37.2 Schedule of Uses: Uses within the Downtown district shall be in accordance with the following schedule of uses. P= Permitted (Development Standards apply) WSUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply) WA = Permitted as an accessory use (Standards in Section 34 shall apply) Attachment) - 1: Section 37 - Downtown District 37 -4 Ordinance 480 -SS: April 1, 2011 LAND USE CATEGORY Use Status Commercial Uses - Retail Sales or Service ■ Antique shops P ■ Art galleries, dealers, sales and supplies P ■ Beer, wine, and alcohol sales WSUP ■ Bicycle sales and service P ■ Books, magazines, music, stationery, novelty, variety, etc. P ■ Camera and photographic supplies P ■ Clothing, jewelry, luggage, shoes, etc. P ■ Convenience store no gasoline sales P ■ Cosmetic and beauty supplies P ■ Department store P ■ Electronics, appliances, computer, and software — sales and service P ■ Electrical and ' repair and installation services SUP ■ Farmer's market WSUP ■ Florist P ■ Fruit and vegetable store P ■ Furniture or home furnishings P ■ Grocery store, supermarket, or bakery P ■ Hardware and home centers, etc. P ■ Independent artists workshops and studios P ■ Optician and optical store P ■ Pet and pet supply store P ■ Pharmacy or drug stores P ■ Specialty food store P ■ Sporting goods, toy and hobby, and musical instruments P ■ Tailors and custom apparel makers P ■ Tobacco or tobacconist establishment P Attachment) - 1: Section 37 - Downtown District 37 -4 Ordinance 480 -SS: April 1, 2011 Commercial Uses — Finance, Insurance, and Real Estate • Bank, credit union, or savings institution P • Credit and finance establishment P • Fund, trust, or other financial establishment P • Investment banking, securities, and brokerage P • Insurance related establishment P • Legal services P • Real Estate and Property Management Services P Commercial Uses - Business, professional, and technical uses ■ Accounting, tax, bookkeeping, and payroll services P ■ Advertising, media, and photography services P ■ Animal and pet services, including grooming and training P ■ Architectural, engineering, and related services P ■ Business support services, including photocopying, duplicating, blueprinting, or other copying services P ■ Collection agency P ■ Consulting services (management, environmental, etc.) P ■ Employment agency P ■ Facilities support services P ■ Graphic, industrial, and interior design P ■ Office and administrative services P ■ Personal Services — dry cleaners, laundry, hair care, barbers, and other similar services P • Postal, courier and messenger services P • Research and development services (scientific, technological, etc.) P • Travel arrangement and reservation services P Commercial Uses — Food Service Uses ■ Bar or drinking place WSUP ■ Cafeteria, delicatessens, or limited service restaurant P ■ Full- service restaurant (no drive- through facility) with or without outdoor seating P ■ Snack or nonalcoholic bar P Arts, entertainment, and recreation Uses ■ Bowling, billiards, pool — indoor only P ■ Fitness, recreational sports, gym, or athletic club P ■ Games arcade establishment P ■ Indoor skating rink P ■ Miniature golf establishment — indoor only P ■ Museums and other special purpose recreational institutions P ■ Outdoor entertainment centers (including ball barks, miniature SUP golf, golf driving ranges, batting cages, carnivals, and similar uses) ■ Parks, plazas, and playgrounds P ■ Theater, cinema, dance, or music establishment P Attachment) - 1: Section 37 - Downtown District 37 -5 Ordinance 480 -SS: April 1, 2011 Educational, Public Administration, Health care and other Institutional Uses ■ Ambulatory and outpatient care services, including doctors, dentists, chiropractors, optometrists, etc. P ■ Business associations and professional membership organizations P ■ Child day care and preschools P ■ Civic, social, and fraternal organizations P SUP ■ Information services, including libraries and archives P ■ Judicial functions - Courts P ■ Public administration — legislative and executive functions P ■ Public Safety facilities P ■ Religious institutions P ■ Nursing and other rehabilitative services P ■ Hospitals P SUP ■ Funeral homes mortuaries and services WSUP Residential Uses • Full service hotels P • Home Occupations in designated single - family residential structures WA • Live/Work units P A4 == & SUP • Residential Lofts P A4 == & SUP • Single - family residential detached dwelling unit P A4 == & SUP ■ Single - family residential attached dwelling unit P A4 == & SUP Other Uses ■ Outdoor temporary removable displays and sales for fairs, festivals and other special events held in outdoor spaces WSUP ■ Outdoor vendor sales PSUP ■ Parking, surface P ■ Parking, structured P SUP ■ Sales from kiosks PSUP (Changes in the Schedule of Uses have been either made to reflect Council desired changes or to closely reflect uses permitted under current NR -PUD regulations) 37.3 Definitions The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Attachment) - 1: Section 37 - Downtown District 37 -6 Ordinance 480 -SS: April 1, 2011 Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. Cafeteria or limited service restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria -style serving equipment, a refrigerated area, and self - service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Consulting services (management, environmental, etc.) These establishments advise and assist businesses and other organizations on management, scientific, and technological issues. This class includes establishments that provide expertise in information technologies; these may design, modify, test, support, or operate hardware and software for clients. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. Not a court niche. Court, closed A closed court is a court surrounded on all sides by the exterior walls of a building; or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche A court niche is not a court, but is an indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Court, open An open court is a court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. Attachment) - 1: Section 37 - Downtown District 37 -7 Ordinance 480 -SS: April 1, 2011 Facilities support services These establishments provide operating staff for support services within a client's facilities. They typically provide a combination of services, such as janitorial, maintenance, trash disposal, security, mail reception, and laundry services. They provide operating staff to carry out these support activities, but are not involved with the core activities of the client. Full Service Hotels These establishments shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms or suites on a daily basis, and with: (i) a minimum area of 300 square feet in each guestroom; (ii) (a) a full service restaurant with full kitchen facilities providing service to the general public; , or ( €b) a kitchen on the premises in which meals are prepared by the management; or a concessionaire of the management for room service delivery; (iii) on -site staff required seven (7) days a week, twenty -four (24) hours per day; and (iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms. (Strikethroughs reflect the changes requested by Council at their 01106103 work session) Full- service restaurant Full- service restaurants provide food services to patrons who order and are served (i.e. waiter /waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non - theatrical entertainment. Live -work unit A live -work unit is a dwelling unit that is also used for work purposes, provided that the work component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses. Each individual unit may have commercial space located on the street level. Mixed -Use Building or Structure A mixed -use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live -work or lofts) with retail or office uses at the other levels. Mixed -Use Land Use Mixed -use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Non - Residential Building or Structure A non - residential building or structure is one in which all the floors are designated for office, retail, institutional, or any other commercial use that is not a residential use. Attachment) - 1: Section 37 - Downtown District 37 -8 Ordinance 480 -SS: April 1, 2011 Office and administrative services These establishments: a) provide day -to -day office and /or administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; b) hold securities (or other equity interests) of companies in order to own a controlling interest or influence management decisions; c) oversee and administer the establishments of a company often by providing strategic or organizational planning; or d) provide other administrative services. This definition is used only to classify such stand -alone establishments which, although they may be part of larger companies, are separate from the actual goods or services producing facilities. Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (dry cleaners, laundry, hair care, etc.). Public Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. (The above definition was added since there are specific height limitations for public buildings under the Development Regulations section.) Research and development services (scientific, technological, etc.) Establishments in this category conduct research, or analyze, in the physical, engineering, cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language, behavior, or economics. Residential Lofts Residential lofts are typically residential units designed to commercial standards located above street level commercial space. Retail sales or service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Many have stores, but some also sell merchandise from non - stores. Establishments in stores operate as fixed point -of -sale locations, which are designed to attract a high volu walk -in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after -sales services, such as repair and installation. Single - Family Residential, detached dwelling unit A single - family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Attachment) - 1: Section 37 - Downtown District 37 -9 Ordinance 480 -SS: April 1, 2011 Single - Family Residential, attached dwelling unit, A single - family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Snack or nonalcoholic bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Specialty food store Specialty food stores primarily retail specialty food items, such as coffee and tea (i.e., packaged), confectionery products (i.e., packaged), nuts, spices, and gourmet foods. Streetscape Treatments Streetscape treatments shall include all improvements in a R -O -W that create an attractive and safe pedestrian environment. Treatments shall include , street trees , street light standards, and , , trash receptacles kiosks ete Streetscape treatments may also include a range of provisions such as paving materials, street /pedestrian/wayfinding signs, media boxes, parking meters . utilitv boxes. seating_ bublic art /water features. bike racks_ bollards. information kiosks_ etc (Amendments reflect the changes requested by Council at their 01/06/03 work session) 37.4 Development Regulations for Non - Residential and Mixed -Use Buildings All non - residential and mixed -use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non - residential and mixed -use buildings: Building Height: Non - residential and mixed -use buildings shall not be less than twenty feet 20'�(including�parapet height) in height nor more than fifty -two feet (52') in height; with the exception of development located along Hwy 114 which shall be no more than 90 feet. The 90 -foot height limitation shall apply to all non- residential and mixed -use dgwktppwp+ buildings within a 1,000 -foot wide strip, parallel to and along the southern edge of Hwy 114 R -O -W. (The original PUD amendment established Division Street as the dividing line between the proposed 90 ' height limitation and the 52 ' limitation that applies to the rest of Town Square. Because the exact location of Division Street has not been finalized by an approved development plan, the reference to that street was replaced by a Attachment) -1: Section 37- Downtown District 37 -10 Ordinance 480 - SS: April), 2011 1, 000 foot line parallel to the southern edge of the 114 R -O -W.) Subjeet to the elafifieations and fnedifieatiens listed below, no building shall exeeed thfee (3) h ll • � o (52) t h e i ght. N 1, • .a th �t6 ° z cr, - i i� exce c. ccc�rv � n - c n c elegy tieof 7 10 feet NCAz- , 1929 as speeifie i n , a; ,,,,,,, .�Seetien 43 ° r g(i) u nless speeifieally exem pte d (Changes adding the parapet height to building height reflect consistency with current development standards due to the addition of a definition for how building height is measured- see below) The ref fence , atuf,, shall be established b The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right -of -way, a maximum building height of fifty -seven (57) feet shall be permitted. Public buildings may be built to four (4) stories or sixtv -five (65) feet in height unless they are within 1,000 feet of Hwy 114, in which case they may be built to six (6) stories or ninety (90) feet. in the event ., Building � r Stree 4 and Street C,,stteh building in r, , be built to 3ter e v4y f (tic) feet i height fift., (5 0) feet b S pee fi U Peffnit. (deleted because parking structures are permitted as specific uses and the general building height standards for non - residential and mixed use buildings shall apply to parking structures) 4. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, -and shall be exempt from the maximum elevation limitation of Section 3 7.4 a ^ 3. 9. e.' (h)i E)f the 5. Meehanieal penthouses a e llafy to the uses bole Mechanical equipment, including, mechanical /elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler Attachment) - 1: Section 37 - Downtown District 37 -11 Ordinance 480 - SS: April 1, 2011 tanks, or and other similar constructions may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the building facade(s) or as architectural embellishments as described in Seetio 3.a.5. Section 37.4 (a) 4 above. Pentho i f r h a„ ° a nd a e lla t , (This is listed under the Schedule of Uses and under Section 44 and is redundant here.) b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard setback is required in the Downtown district: 1. Buildings along High F.M. 1709 and the east right -of -way of North Carroll Avenue shall maintain a minimum thirty -two (32) foot setback; provided, however, in areas where right -of -way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. in the event the Ner+h Carr Avenue fi ght o f w a y has not been establish at the t;ri,e of develop plan of site plan f ev i ew, the setba shall be m f the r e east fight of way of Nort !Farrell A e base.) o i nfeffnatio n n a;lable at the t; ,e f „r, the City of S thlake No service drives, parking or other impervious surfaces with the exception of sidewalks shall be located in s idewalks gr- eatef than six (6) feet ; w id t h , of o t her ; °able sur - f aees shall be e tte,a with;..,. the setback area hefein pfevi a°' unless the buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM 1709 and North Carroll Avenue be less than twenty (20) feet. (R -O -W for North Carroll and F.M. 1709 have been determined) 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right -of -way of State Highway 114. ti of develop plan o site plan r e e t. the s etb ac k shall be main tai n ed f e the r eete.1 fight of way of State Highway 114 based i bl t the t;,ti,e f e the Terns Depart,ti, t e„ m�Ri�L1V11 (]: riAZL517G17iCrLIIIGTI o (The future R -O -W of Hwy 114 has been established with TX DOT.) 3. As to all ether P b.,,, afi the rest of the Downtown district boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the P.U.D Downtown district Attachment) -1: Section 37- Downtown District 37 -12 Ordinance 480 - SS: April), 2011 Maximum Lot Coverage: The maximum lot coverage for individual lots is 100 %. However, the maximum aggregate lot coverage for all buildings as a percentage of the P.U.D. Downtown district as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty -five percent (55 %). d. Building Envelopes: Where `Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, as determined by the City Council in connection with development plan or site plan review. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a bandshell pavilion shall be allowed on the block bounded by FM 1709 to the south, Stfeet"5" to the nefth Stfeet "Cto the east and Street `D" tom Fountain Place to the north, Grand Avenue to the east and State Street to the west. (Street names are now available and have been substituted for alphabetized streets) f. Building Phasing: Buildings fronting on adjaeent to FM 1709 and North Carroll Avenue, as well as these buildings f g t h e 3 M "T,,.t,,, Sq distfiet (defined as that buildable area bounded by FM 1709, Stfeet � 7' , Street 3, and Stfeet Lr��a building in th blee bounded by Street 3, Str ° eet D, Street 4 and Stfeet C) shall be constructed prior to the construction of any above - ground structured parking behind such buildings that may be visible from F.M 1709 or North Carroll Ave g. Building Orientation: Any building (excluding parking garages and ewer accessory buildings) within one hundred fifty (15 0) feet of a public right -of -way shall either face such right -of -way or shall have a facade facing such right -of -way in keeping with the character of the main facade. h. Design Guidelines of the Compfehensive Zoning n,-,a:,,. nee The property owner shall provide an exhibit as appropriate with each development /site plan application building pef showing thp-mp Afthp,'`��T that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines. as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. (None of the buildings in the Town Square NR- PUD meet the requirements of Section 43 (Corridor Overlay Standards) of the Zoning Ordinance standards, but do conform to an overall theme established by the developers of Town Square. In order to provide maximum flexibility to the Attachment) -1: Section 37- Downtown District 37 -13 Ordinance 480 - SS: April), 2011 developer while maintaining review control with the City, Staff is proposing a set of design guidelines based on the existing pattern of development in Town Square that will be adopted in conjunction with the Downtown district) i. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right -of -way, provided that i) no projection shall be permitted into a public easement or right -of -way along FM 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non - injurious manner: Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty -six (36) inches beyond the building face or architectural projection. Architectural projections, including bays, towers, and oriels; show windows (1st floor only); below grace vaults and areaways; and elements of a nature similar to those listed; may project up to forty -twe eight (42) 48 inches into a required yard or beyond the building face. (Above change reflects one requested by the architect /developer) 4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3) above less than eight (8) feet above the ground elevation may extend more than forty -eight (48) inches into a required yard or beyond the building face. 5. Canopies and /or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb subject to the following during development /site plan approval. If a canopy support is closer than two (2) feet from the back of the curb, there shall (a) be no on- street parking or loading zones along that stretch of canopy, or (b) be parallel parking along the curb; or (c ) be angled parking protected by wheel stops preventing vehicular overhang over the curb. Ground - mounted supports, subject to the above standard, may be approved as part of development plan or site plan review, as determined by the City Council. (Above amendments reflect changes requested by the Planning and Zoning Commission to better address conflicts between on- street parking and canopy /awning supports) 6. Below -grade footings approved in connection with building permits. Off - Street Parking: With the following exceptions, parking shall be provided Attachment) -1: Section 37- Downtown District 37 -14 Ordinance 480 -SS: April), 2011 pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): On- street as well as off - street parking shall be permitted within the n Downtown district 2. Up to twenty -five percent (25 %) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on- street and shall be limited to off - street parking locations. Compact parking, spaces shall not be allocated to any retail or food service uses but could be counted toward meeting the parking requirement for business, professional, and technical uses up to a maximum of twenty -five percent 25 %). Each compact space shall be clearly designated. (Above amendments were made to address P &Z's concerns about the inapplicability of compact parking for short -term retail uses) Required parking shall be located and maintained anywhere within the P.U.D Downtown district On- street parking and shared parking anywhere within the P.U.D Downtown district may be counted toward the off - street parking requirement for the P.U.D Downtown district 4. Where on- street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty -five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on- street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 5. When a mixture of office_ retail_ and other uses are located in the same block or street, parking requirements for such the uses shall be reduced at a rate of ten (10) percent in order to promote shared parking_ (This change is consistent with the City's practice of granting shared parking waivers to limit the overbuilding of surface parking lots.) 6. Cumulative parking tabulations shall be submitted with each site plan and /or development plan. k_ Off - Street Loading: With the following exceptions, off - street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: 1. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space 2. The calculation of the minimum number of off - street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: Attachment) - 1: Section 37 - Downtown District 37 -15 Ordinance 480 -SS: April 1, 2011 i. Number of spaces: Office Uses or portion of building devoted to office uses 0 — 49,999 sf 0 spaces 50,000 — 149,999 sf 1 regular space 150,000 — 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size 0 — 9,999 sf 0 spaces 10,000 — 49,999 sf* 1 regular space 50,000 — 99,999 sP 1 regular space and 1 large space 100,000 sf and up* 2 large spaces Restaurant Uses with the following Tenant size 0 — 9,999 sf 0 spaces 10,000 sf and up* 1 regular space *The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. ii. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 1. Streets and Sight Triangles: Within the Downtown Zoning district the following street design standards shall apply: Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with FM 1709, Carroll Avenue and State Highway 114 CSee figure 37.1). These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right -of- way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right -of -way line. Attachment) -1: Section 37- Downtown District 37 -16 Ordinance 480 -SS: April), 2011 F.M. 1709 or 5.H 1 14 Access Road 40' -0" 40-0" 10 1-01 , Figure 37.1 Sight Triangles 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. M. Buffering and Screening Sefee ing shall be p efda ee wit ScEt 39 and r4 3Te. e nsive Z oning Ofdinanee e X E2pt sE @2 fthe RUB. shall be exempt ffem the afehiteet -al &—An c o e fie,, 4 (e) The following standards for buffering and screening shall apply to all non - residential and mixed use buildings in the Downtown district: 1. Parking lot lavout- landscabina_ buffering- and screening shall minimize direct views of parked vehicles from streets and sidewalks, and avoid spill- over light glare, noise, or exhaust fumes onto adjacent properties, in particular single - family residential properties. Parkin log is exposed to view from abutting single- family residential properties shall be surrounded by a minimum of a 3 -foot high barrier in the form of berms, shrubs, walls, or a combination thereof. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, as well as ag rbage collection points, should be located at the rear lane drive or alley. If such uses are visible from any adjacent rights -of way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate heir or as proposed and approved in a development /site plan. Trash dumpsters shall have a metal door which shall remain closed at all Attachment) - 1: Section 37 - Downtown District 37 -17 Ordinance 480 -SS: April 1, 2011 times. Off - street loading areas shall be adequately screened from view of any adjacent single- family residential use. 4. Outside storage standards in Section 39.5 shall apply to all areas of primary and ancillary outdoor storage uses in the Downtown district, with the exception of related uses specifically authorized in this section. (All development in the Downtown district is exempt from Section 43. Overlay district Standards, including the residential adjacency requirements due to the unique nature, mix of uses, and its compact layout. The traditional approach to buffering between residential and commercial approach has been tailored to specifically apply to Town Square with the goal of minimizing the negative impacts of surface parking, loading, HVAC equipment, and trash receptacles, while permitting the optimal placement of commercial and residential uses.) n. Above Grade Structured Parking — Parking structures shall be permitted in the Downtown district with a Specific Use Permit authorized by City Council. The following ems standards shall apply to above grade structured parking facilities: (The above change has been made per Council work session on 01106103) �.�:�r:�s:.�rssee�s�e�sse�eT Wrom a FEW .rare :rr�s�r�:eMM—N.es. JIM Nil ... Attachment) -1: Section 37- Downtown District 37 -18 Ordinance 480 - SS: April), 2011 Wrom a FEW Attachment) -1: Section 37- Downtown District 37 -18 Ordinance 480 - SS: April), 2011 (Given that structured parking is proposed to be a permitted use with an SUP in the Downtown district, all standards that apply to other non - residential building shall apply with a few additional standards listed below. Because all the development in the Downtown district is exempt from Section 43. Overlay district Standards, references to those regulations are recommended to be deleted. The proposed standards below reflect the specific limitations to parking garages located in a downtown environment. In particular, attention to active street level uses and pedestrian safety are key to successful downtown parking structures.) Any visible elevations of any parking structure from adjacent street R-0- Ws shall have a solid parapet wall of not less than forty -six (46) inches and shall utilize colors consistent with the surrounding brincible buildings. A4 All barking structures shall be designed in combliance with the Downtown District Design Guidelines, as amended. (The above change reflects the requirement for all development to follow the proposed design guidelines. The guidelines, as amended, shall address acceptable treatment of parking garages. The proposed standards below deal with ground floor uses and pedestrian safety issues when parking garages are built to the street.) 2. At least 75 percent of the area occupied along street level fagade of any parking structure that is immediately adjacent to a sidewalk or street right - of -way shall be developed for active office or retail uses If not abutting a right -of -way, above grade structured parking facilities shall be provided with adequate access from public right(s) -of -way via private drive(s) and /or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures — The following restrictions shall apply to accessory Attachment) -1: Section 37- Downtown District 37 -19 Ordinance 480 -SS: April), 2011 US • (Given that structured parking is proposed to be a permitted use with an SUP in the Downtown district, all standards that apply to other non - residential building shall apply with a few additional standards listed below. Because all the development in the Downtown district is exempt from Section 43. Overlay district Standards, references to those regulations are recommended to be deleted. The proposed standards below reflect the specific limitations to parking garages located in a downtown environment. In particular, attention to active street level uses and pedestrian safety are key to successful downtown parking structures.) Any visible elevations of any parking structure from adjacent street R-0- Ws shall have a solid parapet wall of not less than forty -six (46) inches and shall utilize colors consistent with the surrounding brincible buildings. A4 All barking structures shall be designed in combliance with the Downtown District Design Guidelines, as amended. (The above change reflects the requirement for all development to follow the proposed design guidelines. The guidelines, as amended, shall address acceptable treatment of parking garages. The proposed standards below deal with ground floor uses and pedestrian safety issues when parking garages are built to the street.) 2. At least 75 percent of the area occupied along street level fagade of any parking structure that is immediately adjacent to a sidewalk or street right - of -way shall be developed for active office or retail uses If not abutting a right -of -way, above grade structured parking facilities shall be provided with adequate access from public right(s) -of -way via private drive(s) and /or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures — The following restrictions shall apply to accessory Attachment) -1: Section 37- Downtown District 37 -19 Ordinance 480 -SS: April), 2011 structures of non - residential and mixed use development: With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. i. park pavilions or bandshells not exceeding fifty -two 52, feet in height (The above change is a result of a formatting change and does not change the existing standard for the height of accessory structures see below.) 2. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. P. Minimum Width of Enclosed or Partially Enclosed Open Space — In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following definitions and requirements for minimum Court widths shall apply: Minimum widths shall be based on the following schedule: COURT TYPE MINIMUM WIDTH/AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: Min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide (ii) F p o of s„6.,•..,.+ / � ris sseetio the following definitions shall Attachment) - 1: Section 37 - Downtown District 37 -20 Ordinance 480 - SS: April 1, 2011 • Im M 1111 1 1111 1 .111 (Definitions have been moved to Section 37.2 Definitions as they apply to the Downtown district.) q. Interior Landscape Areas & Streetscape Treatments — Specific requirements for interior landscape areas and streetscape treatments shall be proposed by the developer dr at the time of development plan or site plan reviews deteff fined by the City Couneil They shall be reviewed by the City's Landscape Administrator at the time of development plan or site plan review for conformity with the Downtown District Design Guidelines, as amended, �T era" d th � r _ D.Av PA =@ of to create an attractive, pedestrian- friendly district Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. (Given the successful nature of the existing process for landscape and streetscape approvals, Staff is recommending retaining the existing process. The existing process provides maximum flexibility to the developer while allowing for City control over the resulting product.) Irrigation — Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought - tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. • . r�eea�errr�steseee� WE O w n MEMO ! Attachment) - 1: Section 37 - Downtown District 37 -21 Ordinance 480 -SS: April 1, 2011 eensistent with all zoning of othef development standafds that would apply W pfopefty that is zoned C 3 undef the Compfehensive Zoning Ofdinanee ef the City of Seut lake (Alignment issues have already been resolved and are obsolete under the current circumstances) 37.5 Development Regulations for Single Family (attached and detached) Residential Uses: All single - family (attached and detached) residential development in the Downtown district shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the SUP requirements under Section 45, the following standards shall protect and encourage various types of single - family dwellings within the Downtown district. The minimum standards as set forth below shall apply to all single - family residential uses. The fellewi RUB 7l .d en t fef4 l afiens are amended and supplemented ass t f ft C.,,,71,lake T C ° th ., ° ° egnized as ic desif al° f ,-,„ .,f .a., li .. a n a ;d s t- a d -Atr s th .till etee* and ° s t wes e f s 1° f „„1 l.t, °l l; , . et fefth bete T (The above language was proposed in the PUD amendment, but is not applicable at this location in its translation into the Downtown district because the Purpose & Intent section better addresses this issue.) Height. No principal single - family residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty - two feet (52') in height. Residential accessory buildings shall be a minimum of twelve feet (12') in height and a maximum of twenty -eight feet (28'). The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side (s) of the building facing onto interior portions of the block. No f esidential b ldi .� _.1__11 __' 1__ 1__._.1__._ . _._, 1 11_' -__ -_ - ___ -__ .1__._ !Tr . _ r__. /"I\ 11 i •� 110" M. D . (The original language of the PUD amendment did not distinguish between the height limitation on principal and accessory buildings and that was amended to better reflect the distinctions between the two. The latter part of the amendment (strikethrough) has been moved to the non - residential /mixed use development standards.) b. Front Yard. Ne Required front yard shall be a minimum of five (5) feet. fiont yard is pr-oN4ded=, pPPorches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be Attachment) - 1: Section 37 - Downtown District 37 -22 Ordinance 480 - SS: April 1, 2011 fifteen feet (15'). (The addition of a S foot front setback standard is a result of the Council work session on 1106103.) Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots, where the side yard adjacent to the street may be up to a maximum of fifteen feet (15'). If residential dwellings are detached, separation between the units shall meet the minimum required for fire safety. (The latter sentence was added since detached single-family uses are also permitted in the Downtown district.) d. Rear Yard. There shall be a rear yard of not less than five feet (5'). M rear- yard Seib shall I . (This change has been made at the request of the architect /developer to provide flexibility in case of residential units with attached garages with rear yards more than 10'.) e. Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty -seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty -five (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty -two and one - half feet (22.5'). The minimum lot depth is: (i) seventy -five feet (75') for residences with detached garages; and (ii) fifty feet (50') for residences with attached garages. h. Floor Area. Each single - family dwelling unit shall contain a minimum of two thousand (2,000) square feet of gross floor area (excluding the area of any accessory structures on the same lot) i. Maximum Residential Density. The maximum number of single- family(attached and detached) lots allowed shall be as specified in the Development Plan filed in conjunction with a request for fesidential development within the D Specific Use Permit for residential development within the Downtown district. (The above language has been added per Council work session on 01106103 to provide a location for the addition of a numerical limit to the total number of residential units permitted in the Downtown district.) Attachment) - 1: Section 37 - Downtown District 37 -23 Ordinance 480 -SS: April 1, 2011 Parking (i) Two (2) off - street parking spaces must be provided for each dwelling unit. (ii) One (1) on- street parking space must be provided for each dwelling unit. k. Electrical Service. A lot for a single - family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. 1. Building Limitations All residential structures (including accessory buildings Fesi entia garages are required to be sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built similar in character to the elevations /drawings submitted with an approved development or site plan hefewit . All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80 %) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. The use of stucco or a similar material shall be subject to City Council approval with the review of a site plan submitted with a SUP application. (The above addition reflects P &Z recommendation for additional review of any stucco proposed as a building facade material.) M. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the P. U.D Downtown district. *�'�.D-. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. Open space in the Downtown district shall be planned in conjunction with an overall concept and development plan approved by City Council. o. Use Limitations on Residentiallv Designated Buildings. Once designated for single - family residential uses with City Council approval of an SUP, non- residential uses in single - family structures shall be limited to home occupations only. Any change in such use shall constitute a zoning map amendment and shall be processed as such. (The Downtown district permits all non - residential uses listed under the Schedule of Uses by right. This could create potential conflicts when residential uses are permitted in what is essentially a commercial zone. The above language is proposed to protect all single-family uses, once permitted by Attachment) - 1: Section 37 - Downtown District 37 -24 Ordinance 480 - SS: April 1, 2011 SUP, from conversions to non - residential uses. Any conversions from the residential uses would entail a change in the approved SUP and will need to be approved by City Council.) P . Design Guidelines. All single- family residential development shall meet the standards outlined in the Downtown District Design Guidelines as amended and adopted by City Council. (The above language has been added to ensure the quality of residential built environment in Downtown will be complementary to the non - residential environment in the district.) development of fesidentia u withi t h e n T T n (The preceding language has been deleted because all development in the Downtown district is exempt from the standards in Section 43, including the residential adjacency standards. These standards are supplemented by the Downtown District Design Guidelines and the Buffering and Screening standards in this ordinance.) 37.6 Application and Development Review Process Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40 (for proposals encompassing less than 100 acres is land area). An application for a rezoning to Downtown district shall result in a continuous boundary of the Downtown district of no more than 150 acres and no less than 100 acres within the entire city. The Planning & Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. (The above addition is per Council work session on 01106103, limiting the geographic location and ultimate extent of this zoning category). Attachment) - 1: Section 37 - Downtown District 37 -25 Ordinance 480 - SS: April 1, 2011 MINIM , ■ w�w��i.w:��... :.e Jam• development of fesidentia u withi t h e n T T n (The preceding language has been deleted because all development in the Downtown district is exempt from the standards in Section 43, including the residential adjacency standards. These standards are supplemented by the Downtown District Design Guidelines and the Buffering and Screening standards in this ordinance.) 37.6 Application and Development Review Process Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40 (for proposals encompassing less than 100 acres is land area). An application for a rezoning to Downtown district shall result in a continuous boundary of the Downtown district of no more than 150 acres and no less than 100 acres within the entire city. The Planning & Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. (The above addition is per Council work session on 01106103, limiting the geographic location and ultimate extent of this zoning category). Attachment) - 1: Section 37 - Downtown District 37 -25 Ordinance 480 - SS: April 1, 2011 Development Plan 1. An application for rezoning to the Downtown district shall include and be accompanied by a development plan for proposals less than 100 acres) Changes in the development plan shall be considered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. 2. The Development Plan may, in some cases, be a two -phase document. The first phase shall illustrate and contain the applicant's request and su egg stion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the he suggestions and recommendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: i. A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and easements, school sites, public buildings, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. ii. For buildings more than one (1) story in height, elevations and /or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. iii. For development projects influenced by, impacting on flood -prone areas, or containing major drainageways or areas flood -prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. iv. A screening and landscabinQ blan shall be reauired where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall meet the standards established for Screening and Buffering in the Downtown district. Attachment) - 1: Section 37 - Downtown District 37 -26 Ordinance 480 -SS: April 1, 2011 v. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation and interpretation by the Administrative Official. b. Site Plan All non- residential and mixed use development in the Downtown Zoning district shall submit a site plan meeting he requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development plan for this phase or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. (Section 37.6 has been added to mirror the development approval process that currently applies to PUD 's. Due to the transition to a zoning district, this section gives City Council and the developer continuity and assurance that the process for development approval stays the same.) 37.7 Accessory Uses In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2, accessory uses authorized under Section 34 of this ordinance may also be permitted use. Standards in Section 34 shall apply to all accessory structures and uses. 37.8 Specific Use Permits In addition to uses and standards listed under this section, specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission asspecifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an ap roved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Specific use permit requests for residential uses in the Downtown district shall be accompanied by concept /development plan amendment applications together with any other information deemed necessary decision making authorities, including elevations, renderings, and other layouts. Once the concept /development plan has been amended and an SUP granted by City Council to permit residential uses, conversion to any other use shall also be considered as a further change to the approved concept /development plan and shall be reviewed as such. 37.9 Special Exception Uses Special exception uses may be approved by the Board of Adjustment as specificall y authorized in Section 44 of this ordinance subject to full and complete compliance with Attachment) - 1: Section 37 - Downtown District 37 -27 Ordinance 480 -SS: April 1, 2011 any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. (Sections 3 7. 7 through 37.9 have been added to maintain consistency with other zoning districts within the City. They reflect the uniformity of applicable standards for accessory uses, specific uses, and special exception uses and correspond with the changes made in those respective sections of the zoning ordinance Sections 34, 44, and 45.) Attachment) - 1: Section 37 - Downtown District 37 -28 Ordinance 480 -SS: April 1, 2011 Attachment VI - 2 Amend Section 34, Accessory Uses as follows: SECTION 34 ACCESSORY USES (As Amended by Ordinance No. 480 -LL) 34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily incidental to the principal use of the premises, the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE District Where Permitted a. Barns, stables, granaries, pump houses, water tanks and silos; but not including slaughter houses or AG processing of agricultural products, animals or poultry. b. Equipment Sheds AG, RE c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in Section 40 of this ordinance. d. Private stables in areas other than the Agricultural district for the keeping of grazing animals, RE, SF -lA, SF -113 provided: (where the lot on which the structure 1. Ground accumulations of manure shall be collected and properly disposed of so as not to create will be located offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or contains the same animals. minimum lot square footage required in the 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to SF -1A and SF -113 properly retain the grazing animal(s) on the premises. zoning category) SF -30 (where the lot 3. The minim space area upon which such grazing animal(s) may be enclosed, including on which the structure pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet will be located per each grazing animal over five hundred (500) pounds and not less than five thousand (5,000) contains the same square feet for any other grazing animal. minimum lot square footage required in the 4. All enclosures for animals as provided under the terms of this subsection shall be placed a SF -IA and SF -113 minimum of twenty -five (25) feet from the boundary of any adjoining lot or tract which is zoned zoning category) in a residential category. e. Private residential garages, carports and related storage buildings and greenhouses accessory to AG, RE, SF -lA, SF- permitted residential uses. (As amended by Ord. 480 -G.) 113, SF -30, SF- 20A,SF-20B, MF -1, MF -2, MH DT* f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if AG, RE, SF -IA, * Shall appply only approved single- family residential uses in the DT zone Attachment) - 2: Section 34 — Accessory Uses 34 -29 Ordinance 480 -SS * Shall apply only to approved single - family residential uses in the DT District ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment) - 2: Section 34- Accessory Uses 34 -30 Ordinance 480 -SS lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF -1B, SF -30, residential property; and further provided that any such pool or game court is for the private use of the SF -20A, SF -20B, site occupants and their guests, and not operated as a business. All "at grade" sw immin g pools with a MF -1, MF -2, MH water depth greater than twenty -four (24) inches and "above grade" sw immin g pools having a water depth twenty -four (24) inches or more, except for portable tot pools, shall be enclosed by afence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty - four (24) inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minim ten foot (10') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet (5') to any side or rear property line nor be located any closer than five feet (5') to another structure. (As amended by Ordinance No. 480 -C.) g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG, RE, SF -IA, provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2, MH DT* h. Required off - street parking and loading spaces. All i. Home occupation uses, as defined by this ordinance. AG, RE, SF -IA, SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2, MH DT* j. Parking and storage of private boats, camper trailers or other recreational vehicles in conformance AG, RE, SF -IA, with Section 35. SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2. MH k. Model and/or sample homes for the purpose of promoting sales shall be permitted, providing these AG, RE, SF -1 A, structures are located on and within the same tract or subdivision of land being developed for sale. SF -1B, SF -30, SF- 20A, SF -20B, MF -1, MH 1. Signs for advertising uses on the premises. HC, 0-1, 0-2, C -1, C -2, C -3, C -4, B -1, B -2, I -1 and I -2, DT ** m. Tennis courts, health clubs, and related recreation facilities provided they are for the primary use of HC DT ** guests, customers or persons associated with the principal use. n. Retail uses which are reasonably related to the principal uses within the structure provided they do 0-1, 0-2, B- 1,1 -1, not exceed fifteen (15) percent of the floor area of the building. 1 -2 o. On site storage of records or file materials which are ancillary to or a portion of the office or business O -1, 0-2, B -1,1 -1 activities conducted within the principal office use (an example of this activity would be the file DT ** * Shall apply only to approved single - family residential uses in the DT District ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment) - 2: Section 34- Accessory Uses 34 -30 Ordinance 480 -SS ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment) - 2: Section 34 —Accessory Uses 34 -31 Ordinance 480 -SS storage and records required by a title company operation). p. Retail activity of a service nature designed to provide direct service support to the businesses and O -1, 0-2, B -1 employees who occupy the remainder of the office complex. This would be limited to those activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co- located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site). q. Feeding pen (not commercial) accessory to farm use AG r. Retail sales incidental to principal activity 1-1,1-2 S. Such other service activities as are clearly found to be directed at supporting the employees or O -1, 0-2, B -1 business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen (15) percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for such activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. t. (Deleted by Ordinance No. 480 -Z.) u. (Deleted by Ordinance No. 480 -U.) v. Office or administrative areas and activities supportive of the permitted principal uses. 1- 1,1 -2, B -1, B -2 w. The resale of used merchandise conducted by a retail sales establishment when such resale is clearly C -2, C -3, C -4, B -1, 13- secondary to and related to the sale of new merchandise. The resale of used merchandise shall be 2,1- 1,1 -2, DT ** limited in that used merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. x. Public, semi - public and private parks; recreation and open space including playgrounds, parkways, ALL greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. y. One temporary construction facility and/or one temporary sales facility by a Developer, including ALL manufactured housing, not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two (2) years and located on property being developed. z. Temporary concrete hatching or transient mix plant for ninety (90) days plus one (1) thirty (30) ALL day extension. (As amended by Ordinance No. 480 -D.) aa. Tents for the purpose of promoting retail sales for a period not exceeding twenty -three (23) days. CS, C -1, C -2, C -3, C- This use shall require a permit and shall be constructed in accordance with the provisions of the 4, B -1, B- 2,1- 1,1 -2, S- Uniform Fire Code, Article 32, as amended. It shall also meet the development regulations of the P -1, S -P -2, NR -PUD, zoning district in which it is being placed. No more than two permits may be issued in any one year DT ** period, with a sixty (60) day separation between uses. (As amended by Ord. 480 -H.) ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment) - 2: Section 34 —Accessory Uses 34 -31 Ordinance 480 -SS bb. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord. No. 480 -J) (1) Noncommercial television satellite dishes and noncommercial radio and television receiving AG, RE, SF -lA, SF- antennas: 1B, SF -30, SF- 20A,SF-20B, R -PUD, Satellite dishes Max.Ht. Dish Size Location MF -1, MF -2, MH (1 per site) (Max.Diameter) PLOT PLAN REQUIRED Type: Roof Mount 35' 10' Rear of roof not visible from public R.O.W. in front of dwelling Pole Mount 35' 10' Rear yard: > 10' from rear property Ground Mount 15' 10' line & > 10' from side property line or behind the principal dwelling but not in the side yard ( not visible from public R. 0. W. in front of dwelling) TV Receiving Antenna (1 per site) Roof Mount �S N/A Rear ofroof Pole Mount 35' N/A Behind the principal dwelling, but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65' in height. Must be located behind the AG, RE, SF -1 A, SF- principal dwelling, but not in the rear yard. Must be no closer to a property line than the 1B, SF- 30,SF -20A, maximum height of the antenna. (Complaints concerning electrical, radio, or television signal SF -20B, R -PUD, MF- interference shall be referred to the FCC.) 1, MF -2, MH PLOT PLAN REQUIRED (Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480 -W.) (3) Nonresidential satellite dishes accessory to the principal permitted use on site. O -1, 0 -2, C -1, C -2, C- 3, C -4, B -1, B -2, I -1, Type: Max.Ht. Dish Size Location I -2, HC, S -P -2, S -P -1, (Max.Diameter) CS, NR- P.U.D., , Roof Mount 35' 10' Rear of roof not visible from public DT ** R.O.W. in front of principal structure PLOT PLAN Rear yard: > 10' from rear property REQUIRED Pole Mount 35' 10' line & > 10' from side property line Ground Mount 15' 10' or behind the principal structure but not in the side yard (not visible from public R.O.W. in front of principal structure) cc. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS, C -1, C -2, C -3, C- ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment I - 2: Section 34 — Accessory Uses 34 -32 Ordinance 480 -SS space. Shopping carts shall not be stored outdoors for any site approved after September 4, 2001 unless screened from the public right -of -way by a four (4) foot masonry wall. 4, S -P -1, S -P -2, PUD, and DT ** dd. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors CS, C -1, C -2, C -3, C- 4, S -P -1, S -P -2, PUD provided that the machines are not clear) visible from the public right-of-way or adjacent p O y p g y � and DT ** residential property. Signage on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480 -C.) a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5) to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5) to the main dwelling. c. No accessory building shall be constructed upon a lot until the construction ofthe principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment) - 2: Section 34 — Accessory Uses 34 -33 Ordinance 480 -SS Attachment VI - 3 Proposed changes to Section 44, Board of Adjustment., Ordinance 480, City of Southlake Comprehensive Zoning Ordinance Stfikethfoug text denotes deletions, red, underlined text denotes additions, and existing text appears as is. SECTION 44 BOARD OF ADJUSTMENT (As amended by Ordinance No. 480 -C) (As further amended by Ordinance No. 480 -N) SPECIAL EXCEPTION USE district Where Permitted 1. Servants or family quarters for domestic servants employed on the premises or family members of the AG, RE, SF -IA, SF- owner of the premises and shall not be rented or otherwise used as a separate domicile provided the gross 113, SF -30 DT* inhabitable square footage of the floor area shall not exceed one thousand (1,000) square feet. Such CONCEPT PLAN quarters may be housed within the principal residential dwelling, above a residential garage, or be part of REQUIRED an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. 2. Temporary real estate sales office, including manufactured housing, to be located on property being sold ALL for a period of sale exceeding two (2) years. CONCEPT PLAN REQUIRED 3. The construction of accessory buildings or structures of a size or aggregate size greater than that AG, W- 1, MF -2, permitted under the accessory building requirements of the zoning district in which the property lies. SF -IA, SF -113, SF- 30, SF- 20A,SF -20B, MH DT* PLOT PLAN REQUIRED 4. Accessory buildings located in the front yard. SF -IA, SF -113 and RE PLOT PLAN REQUIRED 5. In -home day care per state regulations. RE,SF -IA, SF -113, SF -30, SF -20A, SF- 2013, MH DT* PLOT PLAN REQUIRED 6. In -home swimming lessons. RE,SF -IA, SF -113, SF -30, SF -20A, and * Shall apply only to approved single- family residential uses in the DT zone Attachment I - 3: Section44 — Board of Adjustment 44 -34 Ordinance 480 -SS Attachment I - 3: Section44 — Board of Adjustment 44 -35 Ordinance 480 -SS SF -2013, ME PLOT PLAN REQUIRED 7. Portable buildings not otherwise permitted under this ordinance, subject to the following requirements: All except RE, SF- (As amended by Ord. 480 -J) IA, SF -1B, SF -30, SF -20A, SF -2013, a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall MR -1, MF -2, NM, be for a maximum period of three (3) years subject to renewal for additional one (1) year periods. PLOT PLAN REQUIRED b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of the City's building code. c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings. The Board may waive these requirements where it determines that due to the location of the portable building on the premises or due to other unique circumstances, the requirements are not necessary to protect the health, safety and welfare of the public and that they would impose an unnecessary hardship on the applicant. d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. 8. The erection and maintenance of noncommercial radio and television transmitting and receiving antennas ALL and satellite dishes in excess of maximum height regulations or maximum dish size for this district where PLOT PLAN such structures are related to principal permitted uses occupying the structures to which they are external REQUIRED to, attached, or affixed. (As amended by Ord. No. 480 -T) (As further amended by Ord. No. 480 -W.) Attachment I - 3: Section44 — Board of Adjustment 44 -35 Ordinance 480 -SS Attachment VI - 4 Proposed changes to Section 45,. Specific Use Permits, Ordinance 480, City of Southlake Comprehensive Zoning Ordinance Stfikethfoug text denotes deletions, red, underlined text denotes additions, and existing text appears as is. SECTION 45 SPECIFIC USE PERMITS 45.1 SPECIFIC USE DISTRICT WHERE PERMITTED 1. Sale of alcoholic beverages. 0-2, C -1, C -2, C -3, C -4, HC, S -P -1, S -P -2, PUD, DT ** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. c. Children's nurseries, child day care centers, and kindergartens may be approved as apart of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. (As amended by Ord. 480 -F.) 3. Public, semi -public and parochial/ private schools, not including correctional institutions or All except B -1, C S, trade schools. HC, I -1 and I -2 4. Colleges, junior colleges, or other similar institutions of higher learning, whether public or All except CS, I -1 and private, when located on a site of at least twenty (20) acres, and provided such facilities have I -2 ** Shall apply only to non- residential uses and mixed use buildings in the DT District Attachment - 4: Section 45 Specific Use Permits 45 -36 Ordinance 480 -SS direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. 5. Public governmental buildings including community health centers and recreation buildings, ALL libraries, museums, postal stations, and administrative offices of federal or state government. 6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and CS, C -1, C -2 DT ** supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. 7. Cemetery Uses. CS a. Application An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minim requirements: (1) It shall be located on a well drained site, properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather, hard - surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building, residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 912a, Revised Civil Statutes of Texas, as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing, electrical, street, and general codes of the City of Southlake, Texas, or other applicable governmental authority. (6) All use of the surface land or underground, or buildings or structures of any type shall comply with all applicable City, County, State, Federal or other governmental agency requirements as to health, sanitation, ventilation, pollution and associated ** Shall apply only to non- residential uses and mixed use buildings in the DT District Attachment) - 4: Section 45 Specific Use Permits 45 -37 Ordinance 480 -SS ** Shall apply only to non- residential uses and mixed use development in the DT District Attachment) - 4: Section 45 Specific Use Permits 45 -38 Ordinance 480 -SS matters. c. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minim requirements as to location: (1) It shall conform to distance requirements of 912a -24, Revised Civil Statutes of Texas, as amended, and such minimum distances shall be measured from the nearest city limit point of any city or cities (other than the City of Southlake, Texas) to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. (2) It shall be located not less than five hundred (500) feet from any residence or structure used for living purposes or any well, creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Pa rkin -All parking shall be off- street parking with an all- weather surface located in the rear or side yard next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and /or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing, screening, walls, landscaping, or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 8. Community centers and service clubs dedicated to social or recreational activities serving the AG, RE, SF-IA, SF- City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty 113, SF -30, SF -20A, (30) feet from all side and rear property lines and forty (40) feet from any street line. The SF -2013, W -1 and total ground floor area of all such buildings and structures shall not cover more than twenty- W -2 five (25) percent of the site area devoted to such facilities and activities. 9. Public, semi - public and private golf courses together with related clubhouse, pro -shop and AG, 1-2 maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right -of -way line. 10. Golf driving range. AG, C -3, C-4,1-1,1-2 11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving C -3, C -4, B- 2,1- 1,1 -2, ranges, batting cages, carnivals, archery ranges and similar uses). DT ** 12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector AG, RE, SF-IA, SF- street. 113, SF -30, SF -20A, SF -2013, W -1 and W -2 13. Studios designed for the practice, education or training in art, dance, music, drama, photo, or C -1 interior design. ** Shall apply only to non- residential uses and mixed use development in the DT District Attachment) - 4: Section 45 Specific Use Permits 45 -38 Ordinance 480 -SS 14. The location of day nurseries or similar child care activities, if said activity is clearly C -1 designed to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 15. (Deleted by Ordinance No. 480 -Z.) 16. Kennels C -3, C -4, B -2, I -1 17. Veterinary clinics for large animal care, to include such restrictions as the City Council I -1, I -2 deems necessary for protecting adjacent properties from negative environmental impacts. 18. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or when AG, 1-2 operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 19. Dude ranches catering to temporary guests housed on the premises. AG 20. Private airfields and aircraft landing area. CS, AG, C -3 21. Airports, aviation field or aircraft landing areas. C -3 22. Hehstop. CS, HC, 0 -1, 0 -2, I -1, 1 -2, B -2 23. Sales and service of new automobiles, trucks, or motorhomes. C -4,1 -1 24. Sales and service of used automobiles, trucks, or motorhomes. 1 -1 25. Temporary concrete batching or transient mix plant exceeding 90 -day approval plus one ALL 30 -day extension. (As amended by Ord. No. 480 -J) PLOT PLAN REQUIRED 26. Petroleum Operations The City Council may grant this use as a specific use permit, 1 -2 subject to compliance with the following provisions: SITE PLAN REQUIRED a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On -site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off - loading of truck facilities in a non - retail setting. (4) Petroleum blending operations. (5) Any or all other petroleum related uses which in the opinion of the City Council appear to be in character with the permitted uses for this district. Attachment - 4: Section 45 Specific Use Permits 45 -39 Ordinance 480 -SS ** Shall apply only to non - residential and mixed use buildings in the DT District Attachment) - 4: Section 45 Specific Use Permits 45 -40 Ordinance 480 -SS c. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is submitted to, and approved by, the City Council. (As amended by Ordinance No.480- M.) 27. (Deleted by Ordinance No. 480 -LL.) GS, G 1 , C 2 G 3,G 4 B 1, B 2, 1 z�rrc S , SP PCB 28. The City Council may authorize a waiver of the solid wall screen requirement for outdoor 1-1,1-2 storage, only when such outdoor storage abuts a lot or tract zoned AG, and only when there is no residence on such lot or tract within five hundred (500) feet of the storage area. The City Council has no authority to waive Section 38 Screening Requirements where the outdoor storage abuts properly zoned residential. The applicant requesting a waiver of screening requirements must submit a map to the City Council showing that the outside storage area is so situated that it will not be an eyesore, and is sufficiently distanced from any residences. 29. (Deleted by Ordinance No. 480 -HH.) 30. (Deleted by Ordinance No. 480 -J.) 31. The City Council may authorize the establishment of retail operations in an amount 0 -1, 0-2,1-1 exceeding fifteen (15) percent of the net square footage of any one office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 32. Residential Lofts and Live/Work units: The City Council may permit the construction of C -3, DT ** residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft -type apartments or condominium living units on the floor or floors above office and retail -type activities situated on a ground floor. 33. A residential unit(s) for the exclusive use of an employee or employees of the principal use, placed upon the site when such employee(s) will be fulfilling the duties of night watchman B -2, I -1 or caretaker for the site. In approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. 34. (Deleted by Ordinance No. 480 -U.) 35. (Deleted by Ordinance No. 480 -U.) ** Shall apply only to non - residential and mixed use buildings in the DT District Attachment) - 4: Section 45 Specific Use Permits 45 -40 Ordinance 480 -SS 36. Recreational campsite or campground (As amended by Ord. 480 -L) AG 37. Full Service Car Washes, subject to the following conditions: (As amended by ord.480- C -3 R) SITE PLAN a. Sanitary sewer service must be available to the site; REQUIRED b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred (200) square feet of total floor area of all buildings with two- thirds (2/3) of the minim spaces being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty-five (45) degrees offparallel to the adjoining thoroughfare. 38. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), ALL subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by Ordinance No. 480 -W.) 39. Personal care facilities, are encouraged to be located within walking distance of shopping ALL, except AG, RE, areas, medical offices, civic centers, public parks, religious facilities, and other related SF -lA, SF -113, SF -30, facilities or may be located in transitional areas adjacent to low and medium density SF -20A., SF -20B residential developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No. 480 -Y.) 40. Gasoline service station when operated with or without convenience store, car wash, and C -3 other related ancillary uses, subject to the requirements set forth in Section 45.10 of this ordinance. (As amended by Ordinance No. 480 -Z.) 41. Carports for non - residential property, subject to the requirements set forth in Section 45.12 CS, 0-1, B -1, B- 2,1- 1,1 -2, of this ordinance. (As amended by Ordinance No. 480 -IL) and S -P -1, S -P -2 and PUS districts with CS, 0-1, B -1, B -2, I -1, and I -2 uses. SITE PLAN REQUIRED 42. Multi -level parking garages for non-residential property, subject to the requirements setforth CS, 0-1, 0-2, C -1, C- in Section 45.12 of this ordinance. (As amended by Ordinance No. 480 -IL) 2, C -3, C -4, HC, B -1, B- 2,1- 1,1- 2,S -P -1, S- P-2, DT ** and PUD SITE PLAN REQUIRED 43.Single- family (attached and detached) residential DT 44. Outdoor temporary removable displays and sales ar fairs, festivals, and other special events DT ** 45.Funeral Homes and Services DT ** 46. Farmer's markets DT ** ** Shall apply only to non - residential and mixed use buildings in the DT District Attachment - 4: Section 45 Specific Use Permits 45 -41 Ordinance 480 -SS Section 37 "DT" Downtown district 37.1 Purpose & Intent: The purpose of the Downtown district is to encourage the creation of a pedestrian - oriented, mixed -use urban environment, providing shopping, employment, housing, and business and personal services. Downtown is intended to be the focal point of the community. This is achieved by promoting an efficient, compact land use pattern; encouraging pedestrian activity; reducing the reliance on private automobiles within the district; promoting a functional and attractive community through the use of urban design principles; and allowing developers flexibility in land use and site design. The Downtown district is to be an area with a mixture of moderately intense uses that are developed over an identifiable core. Buildings are close to and oriented toward the street. There is a connected street pattern, shared parking, and pedestrian amenities. Relationship to Adopted Plans: The 1995 Southlake Corridor Study recommends the establishment of a `Village Center - west' between S.H 114 and FM 1709, east of Carroll Avenue and west of Kimball Avenue. The appropriate geographic location for the Downtown district shall be limited to the area known as Village Center — west. The Downtown district is intended to be a unique, contiguous area of no less than 100 acres in size. The Downtown district implements the 1998 Land Use Plan, as amended, which `encourages the development of a mixed -use town center that will create a focal point for the community by way of its geographic location, standards for development and mix of uses and services' and identifies an appropriate location for "Town Center" land use designation. 37.2 Schedule of Uses: Uses within the Downtown district shall be in accordance with the following schedule of uses. P = Permitted (Development Standards apply) SUP = Permitted with a Specific Use Permit (Standards in Section 45 shall apply) A = Permitted as an accessory use (Standards in Section 34 shall apply) Attachment T 7 - 1: Section 37 - Downtown District 37 -1 Ordinance 480 -SS: April 1, 2011 Attachment T 7 - 1: Section 37 - Downtown District 37 -2 Ordinance 480 -SS: April 1, 2011 LAND USE CA TEGOR Y Use Status Commercial Uses - Retail Sales or Service ■ Antique shops P ■ Art galleries, dealers, sales and supplies P ■ Beer, wine, and alcohol sales SUP ■ Bicycle sales and service P ■ Books, magazines, music, stationery, novelty, variety, etc. P ■ Camera and photographic supplies P ■ Clothing, jewelry, luggage, shoes, etc. P ■ Convenience store, no gasoline sales P ■ Cosmetic and beauty supplies P ■ Department store P ■ Electronics, appliances, computer, and software — sales and service P ■ Electrical and gas repair and installation services SUP ■ Farmer's market SUP ■ Florist P ■ Fruit and vegetable store P ■ Furniture or home furnishings P ■ Grocery store, supermarket, or bakery P ■ Hardware and home centers, etc. P ■ Independent artists workshops and studios P ■ Optician and optical store P ■ Pet and pet supply store P ■ Pharmacy or drug stores P ■ Specialty food store P ■ Sporting goods, toy and hobby, and musical instruments P ■ Tailors and custom apparel makers P ■ Tobacco or tobacconist establishment P Commercial Uses — Finance, Insurance, and Real Estate • Bank, credit union, or savings institution P • Credit and finance establishment P • Fund, trust, or other financial establishment P • Investment banking, securities, and brokerage P • Insurance related establishment P • Legal services P • Real Estate and Property Management Services P Commercial Uses - Business, professional, and technical uses ■ Accounting, tax, bookkeeping, and payroll services P ■ Advertising, media, and photography services P ■ Animal and pet services, including grooming and training P ■ Architectural, engineering, and related services P ■ Business support services, including photocopying, duplicating, blueprinting, or other copying services P ■ Collection agency P ■ Consulting services (management, environmental, etc.) P Attachment T 7 - 1: Section 37 - Downtown District 37 -2 Ordinance 480 -SS: April 1, 2011 LAND USE CATEGORY Use Status ■ Emplo�mient agency P Commercial Uses - Business, professional, and technical uses (contd.) ■ Facilities support services P ■ Graphic, industrial, and interior design P ■ Office and administrative services P ■ Personal Services — dry cleaners, laundry, hair care, barbers, and other similar services P • Postal, courier and messenger services P • Research and development services (scientific, technological, etc.) P • Travel arrangement and reservation services P Commercial Uses — Food Service Uses ■ Bar or drinking place SUP ■ Cafeteria, delicatessens, or limited service restaurant P ■ Full- service restaurant (no drive- through facility) with or without outdoor seating P ■ Snack or nonalcoholic bar P Arts, entertainment, and recreation Uses ■ Bowling, billiards, pool — indoor only P ■ Fitness, recreational sports, gym, or athletic club P ■ Games arcade establishment P ■ Indoor skating rink P ■ Miniature golf establishment — indoor only P ■ Museums and other special purpose recreational institutions P ■ Outdoor entertainment centers (including ball parks, miniature golf, golf driving ranges, batting cages, carnivals, and similar uses) SUP • Parks, plazas, and playgrounds P • Theater, cinema, dance, or music establishment P Educational, Public Administration, Health care and other Institutional Uses ■ Ambulatory and outpatient care services, including doctors, dentists, chiropractors, optometrists, etc. P ■ Business associations and professional membership organizations P ■ Child day care and preschools P ■ Civic, social, and fraternal organizations SUP ■ Information services, including libraries and archives P ■ Judicial functions - Courts P ■ Public administration — legislative and executive functions P ■ Public Safety facilities P ■ Religious institutions P • Nursing and other rehabilitative services P • Hospitals SUP • Funeral homes, mortuaries, and services SUP Attachment T 7 - 1: Section 37 - Downtown District 37 -3 Ordinance 480 - SS: April 1, 2011 Residential Uses ■ Full service hotels P ■ Home Occupations in designated single - family residential structures A ■ Live/Work units SUP ■ Residential Lofts SUP ■ Single- family residential detached dwelling unit SUP ■ Single- family residential attached dwelling unit SUP Other Uses ■ Outdoor temporary removable displays and sales for fairs, festivals and other special events held in outdoor spaces SUP ■ Outdoor vendor sales SUP ■ Parking, surface P ■ Parking, structured SUP ■ Sales from kiosks SUP 37.3 Definitions The following definitions shall apply to uses and category of uses listed in the Downtown district Schedule of Uses (Section 37.2) and to other terms used in the Downtown district (Section 37) only. Business associations and professional membership organizations These establishments promote the business interests of their members, or of their profession as a whole, including chambers of commerce. They may conduct research on new products and services; develop market statistics; sponsor quality and certification standards; lobby public officials; or publish newsletters, books, or periodicals for distribution to their members. Business support services These establishments provide any of the following: document preparation, telephone answering, telemarketing, mailing (except direct mail advertising), court reporting, and steno typing. They may operate copy centers, which provide photocopying, duplicating, blueprinting, or other copying services besides printing. They may provide a range of support activities, including mailing services, document copying, facsimiles, word processing, on -site PC rental, and office product sales. Cafeteria or limited service restaurant These provide food services where patrons order or select items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to customers' location. Some establishments in this subcategory may provide food services in combination with selling alcoholic beverages. This subcategory includes cafeterias, which use cafeteria -style serving equipment, a refrigerated area, and self - service beverage dispensing equipment, and which display food and drink items in a continuous cafeteria line. Attachment T 7 - 1: Section 37 - Downtown District 37 -4 Ordinance 480 -SS: April 1, 2011 Consulting services (management, environmental, etc.) These establishments advise and assist businesses and other organizations on management, scientific, and technological issues. This class includes establishments that provide expertise in information technologies; these may design, modify, test, support, or operate hardware and software for clients. Court A Court is an unoccupied space, open to the sky, on the same lot with a building, which is bounded on two (2) or more sides by the exterior walls of the building or by two (2) or more exterior walls, lot lines or yards. Not a court niche. Court, closed A closed court is a court surrounded on all sides by the exterior walls of a building; or by exterior walls of a building and side or rear lot lines, or by alley lines where the alley is less than 10' in width. Court niche A court niche is not a court, but is an indentation, recess, or decorative architectural treatment of the exterior wall of a building which opens onto a street, yard, alley, or court. Court, open An open court is a court opening onto a street, yard, alley, or private drive not less than twelve feet (12) wide. Court, width of The minimum horizontal dimension substantially parallel with the open end of an open court or the lesser horizontal dimension of a closed court; or in the case of a non - rectangular court, the diameter of the largest circle that may be inscribed in a horizontal plane within the court. Facilities support services These establishments provide operating staff for support services within a client's facilities. They typically provide a combination of services, such as janitorial, maintenance, trash disposal, security, mail reception, and laundry services. They provide operating staff to carry out these support activities, but are not involved with the core activities of the client. Full Service Hotels These establishments shall be defined as buildings with habitable rooms or suites which are reserved for transient guests who rent the rooms or suites on a daily basis, and with: (i) a minimum area of 300 square feet in each guestroom; (ii) (a) a full service restaurant with full kitchen facilities providing service to the general public; or (b) a kitchen on the premises in which meals are prepared by the management; or a concessionaire of the management for room service delivery; (iii) on -site staff required seven (7) days a week, twenty -four (24) hours per day; and (iv) a minimum of one thousand (1,000) square feet of meeting or conference rooms. Attachment T 7 - 1: Section 37 - Downtown District 37 -5 Ordinance 480 -SS: April 1, 2011 Full- service restaurant Full- service restaurants provide food services to patrons who order and are served (i.e. waiter /waitress service) while seated indoors or outdoors and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live non - theatrical entertainment. Live -work unit A live -work unit is a dwelling unit that is also used for work purposes, provided that the work component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses. Each individual unit may have commercial space located on the street level. Mixed -Use Building or Structure A mixed -use building or structure is one in which at least one of the upper floors of a commercial building has residential uses (live -work or lofts) with retail or office uses at the other levels. Mixed -Use Land Use Mixed -use land use is the location of different land uses, including commercial retail, office, residential, public, and other uses in proximity to one another either in the same building or in separate buildings but in the same development or block. Non - Residential Building or Structure A non - residential building or structure is one in which all the floors are designated for office, retail, institutional, or any other commercial use that is not a residential use. Office and administrative services These establishments: a) provide day -to -day office and /or administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; b) hold securities (or other equity interests) of companies in order to own a controlling interest or influence management decisions; c) oversee and administer the establishments of a company often by providing strategic or organizational planning; or d) provide other administrative services. This definition is used only to classify such stand -alone establishments which, although they may be part of larger companies, are separate from the actual goods or services producing facilities. Personal services This is a catchall category for all personal service establishments. These establishments offer a wide range of personal services (dry cleaners, laundry, hair care, etc.). Public Buildings Public buildings are buildings used for active government or related functions, including public administration (executive and judicial), courts, libraries, community centers, and public safety functions. Research and development services (scientific, technological, etc.) Establishments in this category conduct research, or analyze, in the physical, engineering, Attachment T 7 - 1: Section 37 - Downtown District 37 -6 Ordinance 480 -SS: April 1, 2011 cognitive, or life sciences, such as agriculture, electronics, ecology, biology, botany, biotechnology, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary, sociology, psychology, language, behavior, or economics. Residential Lofts Residential lofts are typically residential units designed to commercial standards located above street level commercial space. Retail sales or service Retail establishments form the final step in the distribution of merchandise. They are organized to sell in small quantities to many customers. Many have stores, but some also sell merchandise from non - stores. Establishments in stores operate as fixed point -of -sale locations, which are designed to attract walls -in customers. Retail establishments often have displays of merchandise and sell to the general public for personal or household consumption, though they may also serve businesses and institutions. Some establishments may further provide after -sales services, such as repair and installation. Single - Family Residential, detached dwelling unit A single - family detached residential unit is a freestanding building on an individual lot or tract of land intended for occupancy by one family. Single - Family Residential, attached dwelling unit, A single - family attached residential unit is a building on an individual lot or tract of land intended for occupancy by one family that shares one or more common walls with similar adjacent units, also on individual lots. Snack or nonalcoholic bar These prepare and serve specialty snacks, such as ice cream, frozen yogurt, cookies, or popcorn, or serve nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, and coffee makers) but generally promote and sell a unique food or beverage item. Specialty food store Specialty food stores primarily retail specialty food items, such as coffee and tea (i.e., packaged), confectionery products (i.e., packaged), nuts, spices, and gourmet foods. Streetscape Treatments Streetscape treatments shall include all improvements in a R -O -W that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, and trash receptacles. Streetscape treatments may also include a range of provisions such as paving materials, street /pedestrian/way finding signs, media boxes, parking meters, utility boxes, seating, public art /water features, bike racks, bollards, information kiosks, etc. Attachment T 7 - 1: Section 37 - Downtown District 37 -7 Ordinance 480 -SS: April 1, 2011 37.4 Development Regulations for Non - Residential and Mixed -Use Buildings All non - residential and mixed -use building development in the Downtown district shall be exempt from the all standards specified under Section 43 in lieu of the development standards set forth below. In the Downtown district, the following development regulations shall be applicable to all non - residential and mixed -use buildings: Building Height: Non - residential and mixed -use buildings shall not be less than twenty feet (20') (including parapet height) in height nor more than fifty -two feet (52') in height; with the exception of development located along Hwy 114 which shall be no more than 90 feet. The 90 -foot height limitation shall apply to all non- residential and mixed -use buildings within a 1,000 -foot wide strip, parallel to and along the southern edge of Hwy 114 R -O -W. The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block. 2. For buildings whose adjoining sidewalk or ground surfaces slope an average of 5% or more as measured along portions of the building abutting a public right -of -way, a maximum building height of fifty -seven (57) feet shall be permitted. Public buildings may be built to four (4) stories or sixty -five (65) feet in height unless they are within 1,000 feet of Hwy 114, in which case they may be built to six (6) stories or ninety (90) feet. 4. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the building, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first story plan area may exceed the height limits of this section by up to the lesser of 50% over the permitted building height or 100% over the actual building height, -and shall be exempt from the maximum elevation limitation of Section 37.4 (a) 5. Mechanical equipment, including, mechanical /elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, of and other similar constructions may extend up to twenty (20) feet above the actual building height, and provided the same shall be subject to approval at approval of the applicable Site Plan unless: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such items(s) extend(s) above the actual building height, or 2) the exterior wall and visible roof surfaces of such items that are set back less than their vertical dimension above the actual building are to be constructed as architecturally integral parts of the Attachment T 7 - 1: Section 37 - Downtown District 37 -8 Ordinance 480 -SS: April 1, 2011 building facade(s) or as architectural embellishments as described in Section 37.4 (a) 4 above. b. Front, Side and Rear Yards: With the following exceptions, no front, side or rear yard setback is required in the Downtown district: Buildings along F.M. 1709 and the east right -of -way of North Carroll Avenue shall maintain a minimum thirty -two (32) foot setback; provided, however, in areas where right -of -way is provided for acceleration or deceleration lanes, the minimum required setback shall be reduced to twenty (20) feet. No service drives, parking or other impervious surfaces with the exception of sidewalks shall be located in the setback area unless the buildings are setback a minimum of fifty (50) feet. In no event shall the bufferyard along FM 1709 and North Carroll Avenue be less than twenty (20) feet. 2. Buildings along State Highway 114 shall maintain a setback of fifty (50) feet from the projected future right -of -way of State Highway 114. As to the rest of the Downtown district boundaries, no building shall be located closer than fifteen (15) feet from the boundary of the Downtown district. Maximum Lot Coverage: The maximum lot coverage for individual lots is 100 %. However, the maximum aggregate lot coverage for all buildings as a percentage of the Downtown district as a whole (including the area of dedicated public streets, private drives and common open space) shall not exceed fifty -five percent (55 %). d. Building Envelopes: Where `Building Envelopes" are indicated on the Concept Plan, no building (excluding parking structures) shall be constructed, in whole or in part, outside of any Building Envelope as shown without a Specific Use Permit, as determined by the City Council in connection with development plan or site plan review. Common Open Space: Common Open Space as designated on the Concept Plan shall be provided for public use. No building or other structure shall be constructed on any Common Open Space without the prior approval of City Council, except as follows: a band shell pavilion shall be allowed on the block bounded by FM 1709 to the south, Fountain Place to the north, Grand Avenue to the east and State Street to the west. f. Building Phasing: Buildings fronting on FM 1709 and North Carroll Avenue, shall be constructed prior to the construction of any above - ground structured parking behind such buildings that may be visible from F.M 1709 or North Carroll Ave. Attachment T 7 - 1: Section 37 - Downtown District 37 -9 Ordinance 480 -SS: April 1, 2011 g. Building Orientation: Any building (excluding parking garages and offer accessory buildings) within one hundred fifty (15 0) feet of a public right -of -way shall either face such right -of -way or shall have a facade facing such right -of -way in keeping with the character of the main facade. h. Design Guidelines: The property owner shall provide an exhibit as appropriate with each development /site plan application that all development in the Downtown district meets the standards outlined in the Downtown district Design Guidelines, as amended and adopted by City Council. Nothing in this paragraph shall require the retrofitting of an existing building. i. Projections into Required Setback or into a Right -of -Way: The following projections shall be permitted into a required setback or landscape area or into a public easement or right -of -way, provided that i) no projection shall be permitted into a public easement or right -of -way along FM 1709, North Carroll Avenue or State Highway 114; ii) such projections do not extend over the traveled portion of a roadway; iii) the property owner has assumed liability related to such projections; and iv) the property owner shall maintain such projections in a safe and non - injurious manner: Ordinary building projections, including but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty -six (36) inches beyond the building face or architectural projection. Architectural projections, including bays, towers, and oriels; show windows (Ist floor only); below grace vaults and areaways; and elements of a nature similar to those listed; may project up to forty -eight (48) inches into a required yard or beyond the building face. 4. No portion of an architectural projection described in Sections 37.4 (i) (1, 2, 3) above less than eight (8) feet above the ground elevation may extend more than forty -eight (48) inches into a required yard or beyond the building face. 5. Canopies and /or awnings may project from building face and may extend to, or be located within eight (8) inches of the back of curb subject to the following during development /site plan approval. If a canopy support is closer than two (2) feet from the back of the curb, there shall (a) be no on- street parking or loading zones along that stretch of canopy; or (b) be parallel parking along the curb; or (c) be angled parking protected by wheel stops preventing vehicular overhang over the curb. Ground - mounted supports, subject to the above standard, may be approved as part of development plan or site plan review, as determined by the City Council. 6. Below -grade footings approved in connection with building permits. Attachment T 7 - 1: Section 37 - Downtown District 37 -10 Ordinance 480 -SS: April 1, 2011 Off - Street Parking: With the following exceptions, parking shall be provided pursuant to Section 35 of the Comprehensive Zoning Ordinance, and such required parking shall be calculated in accordance with the provisions of Section 35 (including the shared parking provisions of Section 35.2): On- street as well as off - street parking shall be permitted within the Downtown district. 2. Up to twenty -five percent (25 %) of required parking may be compact spaces having a minimum space width of eight (8) feet and a minimum space length of sixteen (16) feet; provided, however, compact spaces shall not be allowed on- street and shall be limited to off - street parking locations. Compact parking spaces shall not be allocated to any retail or food service uses but could be counted toward meeting the parking requirement for business, professional, and technical uses up to a maximum of twenty -five percent (25 %). Each compact space shall be clearly designated. Required parking shall be located and maintained anywhere within the Downtown district. On- street parking and shared parking anywhere within the Downtown district may be counted toward the off - street parking requirement for the Downtown district. 4. Where on- street parking is permitted, angled, as well as parallel parking shall be permitted. Both forty -five (45) degree and sixty (60) degree angled parking shall be permitted. However, no on- street, drive, or common access easement parking shall be permitted within thirty (30) feet of the cross curb line for a cross street, drive, or common access easement. 5. When a mixture of office, retail, and other uses are located in the same block or street, parking requirements for such the uses shall be reduced at a rate of ten (10) percent in order to promote shared parking. 6. Cumulative parking tabulations shall be submitted with each site plan and /or development plan. k. Off - Street Loading: With the following exceptions, off - street loading shall be provided pursuant to Section 36 of the Comprehensive Zoning Ordinance: 1. The minimum dimension of loading spaces shall be as follows: 10' x 25' regular size space 10' x 50' large space 2. The calculation of the minimum number of off - street loading spaces shall be in conformance with the following schedules and rules regarding shared spaces: i. Number of spaces: Attachment T 7 - 1: Section 37 - Downtown District 37 -11 Ordinance 480 -SS: April 1, 2011 Office Uses or portion of building devoted to office uses 0 — 49,999 sf 0 spaces 50,000 — 149,999 sf 1 regular space 150,000 — 249,999 sf 2 regular spaces 250,000 sf and up 3 regular spaces Retail Uses with the following Tenant size 0 — 9,999 sf 0 spaces 10,000 — 49,999 sP 1 regular space 50,000 — 99,999 sf* 1 regular space and 1 large space 100,000 sf and up* 2 large spaces Restaurant Uses with the following Tenant size 0 — 9,999 sf 0 spaces 10,000 sf and up* 1 regular space *The loading requirement for multiple tenants that are each 10,000 sf or larger may be combined within a single building and treated as a single tenant. ii. Loading spaces that are adjacent and accessible to several buildings or tenant spaces, including buildings and tenant spaces on separate lots, shall be allowed to suffice for the loading requirements for the individual buildings or tenants provided that i) the number of spaces satisfies the requirements for the combined square footages for the buildings or tenants in question, and ii) for loading spaces to be shared among separate lots, an agreement evidencing the right of tenants to the use of such spaces shall be provided. 1. Streets and Sight Triangles: Within the Downtown Zoning district the following street design standards shall apply: Except as provided herein, no sight triangle shall be required. Adequate sight distance will be provided at all intersections through the use of appropriate traffic control devices. Sight triangles for vehicles exiting the development for both public streets and private drives shall be provided at intersections with FM 1709, Carroll Avenue and State Highway 114 (See figure 37.1). These sight triangles shall be the triangle created by connecting a point which is ten (10) feet into the site along the right -of- way at the intersection and a point extending away from the intersection a distance of forty (40) feet along the existing roadway right -of -way line. Attachment T 7 - 1: Section 37 - Downtown District 37 -12 Ordinance 480 -SS: April 1, 2011 F.M. 1709 or 5.H 1 14 Access Road 40' -0" 40-0" 10 1-01 , Figure 37.1 Sight Triangles 2. For plantings within twenty (20) feet of any public street intersection, shrubs and groundcover shall not exceed two (2) feet in height and tree branching shall provide seven (7) feet of clearance as measured from the top of the ground surface to the first branch along the tree trunk. Nothing contained herein shall vary or supersede public safety requirements of the City of Southlake as set forth in the Uniform Fire Code and other applicable laws, rules and regulations of the City of Southlake. M. Buffering and Screening: The following standards for buffering and screening shall apply to all non - residential and mixed use buildings in the Downtown district: Parking lot layout, landscaping, buffering, and screening shall minimize direct views of parked vehicles from streets and sidewalks, and avoid spill- over light, glare, noise, or exhaust fumes onto adjacent properties, in particular single - family residential properties. Parking lots exposed to view from abutting single- family residential properties shall be surrounded by a minimum of a 3 -foot high barrier in the form of berms, shrubs, walls, or a combination thereof. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, as well as garbage collection points, should be located at the rear lane, drive or alley. If such uses are visible from any adjacent rights -of way or property, they shall be totally screened by a fence or suitable plant of an appropriate height or as proposed and approved in a development /site plan. Trash dumpsters shall have a metal door which shall remain closed at all times. Off - street loading areas shall be adequately screened from view of any adjacent single - family residential use. Attachment T 7 - 1: Section 37 - Downtown District 37 -13 Ordinance 480 -SS: April 1, 2011 4. Outside storage standards in Section 39.5 shall apply to all areas of primary and ancillary outdoor storage uses in the Downtown district, with the exception of related uses specifically authorized in this section. n. Above Grade Structured Parking — Parking structures shall be permitted in the Downtown district with a Specific Use Permit authorized by City Council. The following standards shall apply to above grade structured parking facilities: Any visible elevations of any parking structure from adjacent street R-0- Ws shall have a solid parapet wall of not less than forty -six (46) inches and shall utilize colors consistent with the surrounding principle buildings. All parking structures shall be designed in compliance with the Downtown District Design Guidelines, as amended. 2. At least 75 percent of the area occupied along street level facade of any parking structure that is immediately adjacent to a sidewalk or street right - of -way shall be developed for active office or retail uses. If not abutting a right -of -way, above grade structured parking facilities shall be provided with adequate access from public right(s) -of -way via private drive(s) and /or access easements. 4. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. o. Accessory Structures — The following restrictions shall apply to accessory structures of non - residential and mixed use development: With the exception of the following items, accessory structures shall not exceed one (1) story or a height of fourteen (14) feet. i. park pavilions or band shells not exceeding fifty -two (52) feet in height 2. Except for open spaces and open space amenities, no accessory structure shall be located between the front lot line and the principal building on a lot. P. Minimum Width of Enclosed or Partially Enclosed Open Space — In lieu of the requirements of Section 33.7 of the Comprehensive Zoning Ordinance, the following definitions and requirements for minimum Court widths shall apply: Attachment T 7 - 1: Section 37 - Downtown District 37 -14 Ordinance 480 -SS: April 1, 2011 Minimum widths shall be based on the following schedule: COURT TYPE MINIMUM WIDTH/AREA Court; Open Court 3 inches per 1 foot of building height, min. 12 feet Closed Court: Min. area equal to twice the square of the width of the court based on surrounding building height, but not less than 250 sq. ft. Court Niche: no portion shall be more than 3 feet (measured horizontally) from a point where the court niche is less than three feet wide q. Interior Landscape Areas & Streetscape Treatments — Specific requirements for interior landscape areas and streetscape treatments shall be proposed by the developer. They shall be reviewed by the City's Landscape Administrator at the time of development plan or site plan review for conformity with the Downtown District Design Guidelines, as amended, to create an attractive, pedestrian- friendly district. Any landscaping in a surface parking lot approved in connection with development plan or site plan approval for such lot, which is taken out in connection with the later construction of a parking structure, shall be relocated or replaced. Irrigation — Required landscaping shall be served by an irrigation system meeting the requirements of Section 3.6 of Ordinance 544, except in those instances and in those areas where installation of such a system is a) potentially harmful to any preserved or existing plant materials; b) not reasonably required due to the nature of the plant material (e.g. where irrigation could be detrimental to drought - tolerant plant species); or c) create a situation possibly harmful to public health, safety or welfare. Determination of the situations described above shall be made by the City's Landscape Administrator. 37.5 Development Regulations for Single Family (attached and detached) Residential Uses: All single - family (attached and detached) residential development in the Downtown district shall be exempt from the standards specified under Section 43 in lieu of the development standards set forth below. In addition to the SUP requirements under Section 45, the following standards shall protect and encourage various types of single - family dwellings within the Downtown district. The minimum standards as set forth below shall apply to all single - family residential uses. Height. No principal single - family residential building or structure shall exceed three (3) stories, nor shall it be less than twenty feet (20') in height or exceed fifty- two feet (52') in height. Residential accessory buildings shall be a minimum of twelve feet (12') in height and a maximum of twenty -eight feet (28'). The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right -of -way to the top of the roof for flat roofs Attachment T 7 - 1: Section 37 - Downtown District 37 -15 Ordinance 480 -SS: April 1, 2011 (not the parapet) and the mid -point for sloped roofs, and not along the side(s) of the building facing onto interior portions of the block b. Front Yard. Required front yard shall be a minimum of five (5) feet. Porches, stairs and other architectural elements may project into such yard, up to the lot line. The maximum front yard setback shall be fifteen feet (15'). Side Yard. Residential dwellings may be attached. Accordingly, there shall be no side yard, except on corner lots, where the side yard adjacent to the street may be up to a maximum of fifteen feet (15'). If residential dwellings are detached, separation between the units shall meet the minimum required for fire safety. d. Rear Yard. There shall be a rear yard of not less than five feet (5') Maximum Lot Coverage. There shall be no maximum lot coverage. f. Lot Area. The minimum area of a lot shall be (a) one thousand six hundred eighty -seven (1,687) square feet for residences with detached garages, and (b) one thousand one hundred twenty -five (1,125) square feet for residences with attached garages. g. Lot Dimensions. Each lot shall have a minimum width of twenty -two and one - half feet (22.5'). The minimum lot depth is: (i) seventy -five feet (75') for residences with detached garages; and (ii) fifty feet (50') for residences with attached garages. h. Floor Area. Each single - family dwelling unit shall contain a minimum of two thousand (2,000) square feet of gross floor area (excluding the area of any accessory structures on the same lot). i. Maximum Residential Density. The maximum number of single - family (attached and detached) lots allowed shall be as specified in the Development Plan filed in conjunction with a request for Specific Use Permit for residential development within the Downtown district. Parking (i) Two (2) off - street parking spaces must be provided for each dwelling unit. (ii) One (1) on- street parking space must be provided for each dwelling unit. k. Electrical Service. A lot for a single - family use may be supplied by not more than one electrical utility service, and metered by not more than one electrical meter. 1. Building Limitations All residential structures (including accessory buildings) are required to be Attachment T 7 - 1: Section 37 - Downtown District 37 -16 Ordinance 480 -SS: April 1, 2011 sprinklered; provided that a series of attached structures may be combined and treated as a single structure. 2. All residential structures shall be designed and built similar in character to the elevations /drawings submitted with an approved development or site plan. 3. All residential structures shall have all exterior walls constructed using a masonry material covering at least eighty percent (80 %) of said walls, exclusive of windows, doors, roofs, glass construction materials, or sidewalk or walk -way covers. "Masonry materials" shall mean and include brick, stone, rock or other masonry materials of equal characteristics. The use of stucco or a similar material shall be subject to City Council approval with the review of a site plan submitted with a SUP application. M. Curvilinear Streets. The curvilinear street standards specified in the Subdivision Ordinance shall not apply to residential development within the Downtown district. n. Open Space. Residential development within the Downtown district shall be exempt from the Open Space requirements specified within Ordinance 483 for residential uses. Open space in the Downtown district shall be planned in conjunction with an overall concept and development plan approved by City Council. o. Use Limitations on Residentially Designated Buildings. Once designated for single- family residential uses with City Council approval of an SUP, non- residential uses in single - family structures shall be limited to home occupations only. Any change in intensity of such use shall constitute a zoning map amendment and shall be processed as such. P. Design Guidelines. All single - family residential development shall meet the standards outlined in the Downtown District Design Guidelines as amended and adopted by City Council. 37.6 Application and Development Review Process Applications requesting a rezoning to the Downtown district shall be submitted with a Concept Plan as specified under Section 41 (for proposals encompassing more than 100 acres in land area) or a Development Plan as specified under Section 40 (for proposals encompassing less than 100 acres is land area). An application for a rezoning to the Downtown district shall result in a contiguous boundary of the Downtown district of no more than 150 acres and no less than 100 acres within the entire city. The Planning & Zoning Commission shall make a recommendation on the rezoning request and the City Council may approve any such proposal, together with any conditions, requirements or limitations thereon which the Planning & Zoning Commission or City Council deems appropriate and is agreed to by the applicant. No minimum area shall be required for the submission of a development plan application. Attachment T 7 - 1: Section 37 - Downtown District 37 -17 Ordinance 480 -SS: April 1, 2011 Development Plan An application for rezoning to the Downtown district shall include and be accompanied by a development plan (for proposals less than 100 acres) Changes in the development plan shall be considered the same as changes in the Official Zoning Map. The proposed development plan shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which meet the conditions set forth in Section 40.6 of this ordinance, may be approved by the Administrative Official. 2. The Development Plan may, in some cases, be a two -phase document. The first phase shall illustrate and contain the applicant's request and suggestion for the use, configuration of buildings, parking, etc., and the second phase shall illustrate the development plan showing the suggestions and recommendations of the Planning and Zoning Commission after review of Phase One. In addition to the requirements set forth in Section 40.3 of this ordinance, the development plan shall provide as much detail as possible including, but not necessarily limited to: A scale drawing showing any proposed public or private streets and alleys; building site, or building lots; any areas proposed for dedication, or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, public buildings, street widening, street changes; and the points of ingress and egress from existing public streets on an accurate survey of the boundary of the tract. ii. For buildings more than one (1) story in height, elevations and /or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. iii. For development projects influenced by, impacting on flood -prone areas, or containing major drainage ways or areas flood -prone by definition of the City Engineer, a preliminary drainage plan shall be a part of the development plan. This requirement may be waived only upon the recommendation of the City Engineer. iv. A screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall meet the standards established for Screening and Buffering in the Downtown district. v. Any or all of the required features may be incorporated on a single Attachment T 7 - 1: Section 37 - Downtown District 37 -18 Ordinance 480 -SS: April 1, 2011 drawing if such drawing is clear and capable of evaluation and interpretation by the Administrative Official. b. Site Plan All non- residential and mixed use development in the Downtown Zoning district shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development plan for this phase or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. 37.7 Accessory Uses In addition to those accessory uses specifically authorized in the Schedule of Uses under 37.2, accessory uses authorized under Section 34 of this ordinance may also be permitted use. Standards in Section 34 shall apply to all accessory structures and uses. 37.8 Specific Use Permits In addition to uses and standards listed under this section, specific use permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 45 of this ordinance, subject to full and complete compliance with any and all conditions required in Section 45, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Specific use permit requests for residential uses in the Downtown district shall be accompanied by concept /development plan amendment applications together with any other information deemed necessary by decision making authorities, including elevations, renderings, and other layouts. Once the concept /development plan has been amended and an SUP granted by City Council to permit residential uses, conversion to any other use shall also be considered as a further change to the approved concept /development plan and shall be reviewed as such. Attachment T 7 - 1: Section 37 - Downtown District 37 -19 Ordinance 480 -SS: April 1, 2011 37.9 Special Exception Uses Special exception uses may be approved by the Board of Adjustment as specifically authorized in Section 44 of this ordinance subject to full and complete compliance with any and all conditions required in Section 44, together with any other conditions as the Board of Adjustment may impose. Any use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance. Attachment T 7 - 1: Section 37 - Downtown District 37 -20 Ordinance 480 -SS: April 1, 2011 Attachment VI - 2 SECTION 34 ACCESSORY USES (As Amended by Ordinance No. 480 -LL) 34.1 AUTHORIZED ACCESSORY USES - In addition to other uses which are customarily incidental to the principal use of the premises, the following accessory uses are specifically authorized in the listed zoning district when constructed or operated in conjunction with an appropriate principal use: ACCESSORY USE district Where Permitted a. Barns, stables, granaries, pump houses, water tanks and silos; but not including slaughter houses or AG processing of agricultural products, animals or poultry. b. Equipment Sheds AG, RE c. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal ALL uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building unless specifically permitted in Section 40 of this ordinance. d. Private stables in areas other than the Agricultural district for the keeping of grazing animals, RE, SF -lA, SF -113 provided: (where the lot on which the structure 1. Ground accumulations of manure shall be collected and properly disposed of so as not to create will be located offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or contains the same animals. minimum lot square footage required in the 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to SF -IA and SF -1B properly retain the grazing animal(s) on the premises. zoning category) SF -30 (where the lot 3. The minim space area upon which such grazing animal(s) may be enclosed, including on which the structure pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet will be located per each grazing animal over five hundred (500) pounds and not less than five thousand (5,000) contains the same square feet for any other grazing animal. minimum lot square footage required in the 4. All enclosures for animals as provided under the terms of this subsection shall be placed a SF -IA and SF -1B minimum of twenty -five (25) feet from the boundary of any adjoining lot or tract which is zoned zoning category) in a residential category. e. Private residential garages, carports and related storage buildings and greenhouses accessory to AG, RE, SF -lA, SF- permitted residential uses. (As amended by Ord. 480 -G.) 113, SF -30, SF- 20A,SF-20B, MF -1, MF -2, ME, DT* f. Private swimming pool, wading pools, and game courts (lighted and unlighted), provided that if AG, RE, SF -IA, lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent SF -113, SF -30, residential property; and further provided that any such pool or game court is for the private use of the SF -20A, SF -2013, * Shall apply only to approved single - family residential uses in the DT zone Attachment 171 - 2: Section 34 Accessory Uses 34 -21 Ordinance 480 -SS * Shall apply only to approved single - family residential uses in the DT District ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment III - 2: Section 34 Accessory Uses 34 -22 Ordinance 480 -SS site occupants and their guests, and not operated as a business. All "at grade" sw immin g pools with a MF -1, MF -2, MH water depth greater than twenty -four (24) inches and "above grade" sw immin g pools having a water depth twenty -four (24) inches or more, except for portable tot pools, shall be enclosed by afence and gate of a height so designated by Ordinance 481 as well as the Uniform Building Code (whichever is the most restrictive) of such material and design to discourage unauthorized entry to the facility. Ornamental pools or ponds designed for decorative purposes and having a depth less than twenty - four (24) inches are not subject to a special fencing requirement and may be located within required front or rear yards provided that they maintain a minim ten foot (10') setback from the closest property line. All other pool(s) may be located in a side or rear yard, but not within a front yard nor forward of the principal building on the lot, and shall not be located closer than five feet (5') to any side or rear property line nor be located any closer than five feet (5') to another structure. (As amended by Ordinance No. 480 -C.) g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's playhouses, AG, RE, SF -IA, provided the privacy enjoyed by adjacent residential dwellings is not impaired. SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2, ME, DT* h. Required off - street parking and loading spaces. All i. Home occupation uses, as defined by this ordinance. AG, RE, SF -IA, SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2, ME, DT* j. Parking and storage of private boats, camper trailers or other recreational vehicles in conformance AG, RE, SF -IA, with Section 35. SF -1B, SF -30, SF -20A, SF -20B, MF -1, MF -2. MH k. Model and/or sample homes for the purpose of promoting sales shall be permitted, providing these AG, RE, SF -1 A, structures are located on and within the same tract or subdivision of land being developed for sale. SF -IB, SF -30, SF- 20A, SF -20B, MF -1, MH 1. Signs for advertising uses on the premises. HC, 0-1, 0-2, C -1, C -2, C -3, C -4, B -1, B -2, I -1 and I -2, DT ** m. Tennis courts, health clubs, and related recreation facilities provided they are for the primary use of HC, DT ** guests, customers or persons associated with the principal use. n. Retail uses which are reasonably related to the principal uses within the structure provided they do 0-1, 0-2, B- 1,1 -1, not exceed fifteen (15) percent of the floor area of the building. 1 -2 o. On site storage of records or file materials which are ancillary to or a portion of the office or business 0-1, 0-2, B- 1,1 -1. activities conducted within the principal office use (an example of this activity would be the file DT ** storage and records required by a title company operation). p. Retail activity of a service nature designed to provide direct service support to the businesses and * Shall apply only to approved single - family residential uses in the DT District ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment III - 2: Section 34 Accessory Uses 34 -22 Ordinance 480 -SS ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment 171 - 2: Section 34 Accessory Uses 34 -23 Ordinance 480 -SS employees who occupy the remainder of the office complex. This would be limited to those O -1, 0-2, B -1 activities which are clearly supportive of office operations, such as food service in the nature of cafeterias or snack bars, news stands or gift shops providing reading material and small, consumable sundries, pharmacies or drug stores, particularly when co- located with medical or medical related office facilities, office supply stores or outlets providing support to businesses within the complex itself (stores operating under this provision shall not be limited only to sales within the office complex, but should clearly be aimed at marketing primarily within the immediate vicinity of the complex site). q. Feeding pen (not commercial) accessory to farm use AG r. Retail sales incidental to principal activity I -1, I -2 S. Such other service activities as are clearly found to be directed at supporting the employees or O -1, 0-2, B -1 business operations of the office complex. In no event shall the area allocated to retail sales exceed fifteen (15) percent of the net usable square footage of each office structure. All retail operations undertaken pursuant to this provision shall involve no outdoor storage or sales and all signage for such activities shall be contained wholly within the office structure in which the retail operation is established. No outside advertising shall be permitted. t. (Deleted by Ordinance No. 480 -Z.) u. (Deleted by Ordinance No. 480 -U.) v. Office or administrative areas and activities supportive of the permitted principal uses. 1- 1,1 -2, B -1, B -2 w. The resale of used merchandise conducted by a retail sales establishment when such resale is clearly C -2, C -3, C -4, B -1, 13- secondary to and related to the sale of new merchandise. The resale of used merchandise shall be 2,1- 1,1 -2, DT ** limited in that used merchandise displayed for sale may not exceed 20% of the total merchandise displayed for sale. x. Public, semi - public and private parks; recreation and open space including playgrounds, parkways, ALL greenbelts, ponds and lakes, botanical gardens, pedestrian paths, bicycle paths, equestrian bridle trails, nature centers, bird and wildlife sanctuaries. y. One temporary construction facility and/or one temporary sales facility by a Developer, including ALL manufactured housing, not to exceed 500 square feet per facility, only during actual construction for a period not to exceed two (2) years and located on property being developed. z. Temporary concrete hatching or transient mix plant for ninety (90) days plus one (1) thirty (30) ALL day extension. (As amended by Ordinance No. 480 -D.) aa. Tents for the purpose of promoting retail sales for a period not exceeding twenty -three (23) days. CS, C -1, C -2, C -3, C- This use shall require a permit and shall be constructed in accordance with the provisions of the 4, B -1, B- 2,1- 1,1 -2, S- Uniform Fire Code, Article 32, as amended. It shall also meet the development regulations of the P -1, S -P -2, NR -PUD, zoning district in which it is being placed. No more than two permits may be issued in any one year DT ** period, with a sixty (60) day separation between uses. (As amended by Ord. 480 -H.) ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment 171 - 2: Section 34 Accessory Uses 34 -23 Ordinance 480 -SS bb. Noncommercial and nonresidential antennas: All antennas must be inspected and permitted by the building official in accordance with the city's building code. The height of antennas shall be measured in the same manner as the height of a building as determined in accordance with Section 4.2. Antennas installed for the purpose of municipal communications are exempted from the requirements of this section. (As amended by Ord. No. 480 -J) (1) Noncommercial television satellite dishes and noncommercial radio and television receiving AG, RE, SF -lA, SF- antennas: 1B, SF -30, SF- 20A,SF-20B, R -PUD, Satellite dishes Max.Ht. Dish Size Location MF -1, MF -2, MH (1 per site) (Max.Diameter) PLOT PLAN REQUIRED Type: Roof Mount 35' 10' Rear of roof not visible from public R.O.W. in front of dwelling Pole Mount 35' 10' Rear yard: > 10' from rear property Ground Mount 15' 10' line & > 10' from side property line or behind the principal dwelling but not in the side yard ( not visible from public R. 0. W. in front of dwelling) TV Receiving Antenna (1 per site) Roof Mount N/A Rear ofroof Pole Mount 35' N/A Behind the principal dwelling, but not in the side yard (2) Noncommercial radio transmitting antennas limited to 65' in height. Must be located behind the AG, RE, SF -1 A, SF- principal dwelling, but not in the rear yard. Must be no closer to a property line than the 1B, SF- 30,SF -20A, maximum height of the antenna. (Complaints concerning electrical, radio, or television signal SF -20B, R -PUD, MF- interference shall be referred to the FCC.) 1, MF -2, MH PLOT PLAN REQUIRED (Previous subparagraph (3) deleted in its entirety and renumbered as below by Ordinance No. 480 -W.) (3) Nonresidential satellite dishes accessory to the principal permitted use on site. O -1, 0 -2, C -1, C -2, C- 3, C -4, B -1, B -2, I -1, Type: Max.Ht. Dish Size Location 1 -2, HC, S -P -2, S -P -1, (Max.Diameter) CS, NR- P.U.D., , Roof Mount 35' 10' Rear of roof not visible from public DT ** R.O.W. in front of principal structure PLOT PLAN Rear yard: > 10' from rear property REQUIRED Pole Mount 35' 10' line & > 10' from side property line Ground Mount 15' 10' or behind the principal structure but not in the side yard (not visible from public R.O.W. in front of principal structure) cc. Shopping carts. Cart collection areas in parking lots shall not be placed in any required parking CS, C -1, C -2, C -3, C- ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment 171 - 2: Section 34 Accessory Uses 34 -24 Ordinance 480 -SS space. Shopping carts shall not be stored outdoors for any site approved after September 4, 2001 unless screened from the public right -of -way by a four (4) foot masonry wall. 4, S -P -1, S -P -2, PUD, and DT ** dd. Outdoor display of prepackaged ice machines and vending machines may be stored outdoors CS, C -1, C -2, C -3, C- 4, S -P -1, S -P -2, PUD provided that the machines are not clearly isible from the public right-of-way or adjacent p O y p g y � and DT ** residential property. Signage on prepackage ice and vending machines shall not be readily identifiable by type or product name from adjacent public streets. 34.2 ACCESSORY BUILDING - The following regulations shall govern the location and use of any accessory building: (As amended by Ordinance No. 480 -C.) a. Accessory buildings having a permanent foundation shall be erected no closer than ten feet (10') to a property line located in the rear yard. Those structures not on a permanent foundation may be placed as close as five feet (5) to a property line located in the rear yard. b. No accessory building shall be erected within ten feet (10') of any other building, except that detached residential garages may be located not closer than five feet (5) to the main dwelling. c. No accessory building shall be constructed upon a lot until the construction ofthe principal building or use has actually been commenced, and no accessory building shall be used unless the main building in a lot is completed and used. d. No accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises or by family members and only in compliance with individual district regulations. e. Accessory buildings shall not exceed one story or fourteen feet (14') in height. f. No accessory building shall be located forward of the principal building on the lot. ** Shall apply only to non- residential uses and mixed -use buildings in the DT District Attachment HI - 2: Section 34 Accessory Uses 34 -25 Ordinance 480 -SS Attachment VI - 3 SECTION 44 BOARD OF ADJUSTMENT (As amended by Ordinance No. 480 -C) (As further amended by Ordinance No. 480 -N) SPECIAL EXCEPTION USE district Where Permitted 1. Servants or family quarters for domestic servants employed on the premises or family members of the AG, RE, SF -IA, SF- owner of the premises and shall not be rented or otherwise used as a separate domicile provided the gross 113, SF -30, DT* inhabitable square footage of the floor area shall not exceed one thousand (1,000) square feet. Such CONCEPT PLAN quarters may be housed within the principal residential dwelling, above a residential garage, or be part of REQUIRED an accessory building on the same premises, and shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. If the quarters exist as a separate accessory building to the principal dwelling, such quarters must be located at a distance of at least thirty (30) feet behind the principal dwelling, or not be visible from the street; in addition, such quarters must share a common street access with the principal dwelling. All utilities must be on the same meter as the principal dwelling. A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. 2. Temporary real estate sales office, including manufactured housing, to be located on property being sold ALL for a period of sale exceeding two (2) years. CONCEPT PLAN REQUIRED 3. The construction of accessory buildings or structures of a size or aggregate size greater than that AG, MF -1, MF -2, permitted under the accessory building requirements of the zoning district in which the property lies. SF -IA, SF -113, SF- 30, SF- 20A,SF -20B. ME, DT* PLOT PLAN REQUIRED 4. Accessory buildings located in the front yard. SF -IA, SF -113 and RE PLOT PLAN REQUIRED 5. In -home day care per state regulations. RE,SF -IA, SF -113, SF -30, SF -20A, SF- 2013, ME, DT* PLOT PLAN REQUIRED 6. In -home swimming lessons. RE,SF -IA, SF -113, SF -30, SF -20A, and SF -2013, ME PLOT PLAN REQUIRED 7. Portable buildings not otherwise permitted under this ordinance, subject to the following requirements: All except RE, SF- (As amended by Ord. 480 -J) IA, SF -113, SF -30, SF -20A, SF -2013, a. Approval of a portable building shall be on a temporary basis only. Any permit granted hereunder shall MR -1, MF -2, MH, * Shall apply only to approved single - family residential uses in the DT zone Attachment 171 - 3: Section44 —Board ofAdjustment 44 -26 Ordinance 480 -SS be for a maximum period of three (3) years subject to renewal for additional one (1) year periods. PLOT PLAN REQUIRED b. All portable buildings shall be constructed in accordance with the appropriate state or federal code which regulates their construction or shall meet all requirements of the City's building code. c. Portable buildings shall be placed upon a permanent foundation and shall have a masonry facade meeting the requirements of the City's Masonry Ordinance. In addition, hard surfaced parking shall be provided for portable buildings. The Board may waive these requirements where it determines that due to the location of the portable building on the premises or due to other unique circumstances, the requirements are not necessary to protect the health, safety and welfare of the public and that they would impose an unnecessary hardship on the applicant. d. Portable buildings shall be maintained in a neat and presentable condition at all times. Upon expiration of the special exception use permit, the portable building shall be immediately removed and the premises shall be restored to their previous condition. e. The plot plan submitted with the application shall contain a narrative explanation describing the applicant's plans to transition the portable building to a permanent structure. 8. The erection and maintenance of noncommercial radio and television transmitting and receiving antennas ALL and satellite dishes in excess of maximum height regulations or maximum dish size for this district where PLOT PLAN such structures are related to principal permitted uses occupying the structures to which they are external REQUIRED to, attached, or affixed. (As amended by Ord. No. 480 -J) (As further amended by Ord. No. 480 -W.) Attachment 171 - 3: Section44 —Board ofAdjustment 44 -27 Ordinance 480 -SS Attachment VI - 4 SECTION 45 SPECIFIC USE PERMITS 45.1 SPECIFIC USE DISTRICT WHERE PERMITTED 1. Sale of alcoholic beverages. 0-2, C -1, C -2, C -3, C -4, HC, S -P -1, S -P -2, PUD, DT ** 2. Churches, synagogues, temples and other similar facilities for worship, fellowship and ALL education, subject to the following conditions: a. The City Council shall impose such reasonable conditions as it deems necessary to protect the residential neighborhoods, in so far as practicable, from the detrimental effects of noise, traffic, fire, etc. and to protect the character of the neighborhood and the value of surrounding properties; b. In granting or denying such application, the City Council shall consider such items as the total land area to be devoted to the religious use, the size of the church structures and the congregation, the frequency of church services, other activities which take place on the premises, and the suitability of the property for residential use. The City Council shall consider all effects of such a facility, both beneficial and detrimental, and shall deny such application when the detrimental effects substantially outweigh the beneficial effects. c. Children's nurseries, child day care centers, and kindergartens may be approved as apart of the main or accessory religious building provided exterior instructional or play areas are suitably fenced from any adjacent street, parking area or property. d. The City Council may, where deemed appropriate, place a specific time limitation on the approval of a permit for a church. (As amended by Ord. 480 -F.) 3. Public, semi -public and parochial/ private schools, not including correctional institutions or All except B -1, CS, trade schools. HC, I -1 and 1 -2 4. Colleges, junior colleges, or other similar institutions of higher learning, whether public or All except CS, I -1 and private, when located on a site of at least twenty (20) acres, and provided such facilities have 1 -2 direct access to a major thoroughfare street or highway and further provided that buildings and intensive use outdoor facilities are set back a minimum of one hundred (100) feet from all property lines. 5. Public governmental buildings including community health centers and recreation buildings, ALL libraries, museums, postal stations, and administrative offices of federal or state government. ** Shall apply only to non- residential uses and mixed use buildings in the DT District Attachment b71- 4: Section 45 Specific Use Permits 45 -28 Ordinance 480 -SS 6. Medical care facilities: nursing and care homes, hospitals, with their related facilities and CS, C -1, C -2 supportive retail and personal services used, operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors when located on a site of not less than five (5) acres. Cemetery Uses. CS a. Application. An application for a cemetery use must be in writing and shall include: (1) Name and address of applicant. (2) Location and legal description of proposed cemetery land. (3) Complete plan in conformity with the requirements of Development Plan herein provided. (4) Preliminary specifications of all buildings, improvements, utility installations and other facilities to be constructed on or under the land proposed for zoning change. (5) Such further reasonable information as may be required by the City Council. b. Development Plan - The cemetery shall conform to the following minim requirements: (1) It shall be located on a well drained site, properly graded to insure rapid draining and freedom from stagnant pools of water. (2) All walkways and driveways within a cemetery shall be all weather, hard - surfaced. (3) When a public or community sewer system is available, sewer connections shall be installed as required by the local plumbing code. If the cemetery is not to be served immediately by a sewage collection system connected to a community treatment plant or to a public sewage facility, the occupancy of any building, residence or other structure shall be restricted until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. (4) All cemeteries must qualify and be maintained as a perpetual care center as provided in Article 912a, Revised Civil Statutes of Texas, as amended, and any other applicable state laws. (5) The cemetery must comply with all building codes, including but not limited to plumbing, electrical, street, and general codes of the City of Southlake, Texas, or other applicable governmental authority. (6) All use of the surface land or underground, or buildings or structures of any type shall comply with all applicable City, County, State, Federal or other governmental agency requirements as to health, sanitation, ventilation, pollution and associated matters. c. Location - Any cemetery, or any portion of land designated for the use thereof, shall comply with the following minim requirements as to location: (1) It shall conform to distance requirements of 912a -24, Revised Civil Statutes of Texas, as amended, and such minimum distances shall be measured from the nearest city limit point of any city or cities (other than the City of Southlake, Texas) to the boundary of said cemetery land nearest to the city limit of the other city by direct line measurement. Attachment b71- 4: Section 45 Specific Use Permits 45 -29 Ordinance 480 -SS ** Shall apply only to non - residential and mixed use development in the DT District Attachment b71- 4: Section 45 Specific Use Permits 45 -30 Ordinance 480 -SS (2) It shall be located not less than five hundred (500) feet from any residence or structure used for living purposes or any well, creek, lake, tank, reservoir or pond, or other such water source or place of storage, passage, or drainage. d. Parking -All parking shall be off - street parking with an all- weather surface located in the rear or side yard next to buildings. There shall be one (1) parking space for each four (4) seats in any assembly portion of any building or structure. e. Screening and Fencing (1) All land actually used for buildings and/or burial spaces shall be completely enclosed in a fence with gates capable of being locked to prevent trespassers from entering said premises. (2) Any additional fencing, screening, walls, landscaping, or ornamental planting shall be installed if deemed necessary by the City Council in relation to the property itself or in relation to any adjoining property. 8. Community centers and service clubs dedicated to social or recreational activities serving the AG, RE, SF-IA, SF- City or neighborhood thereof. Such buildings and facilities shall be set back at least thirty 113, SF -30, SF -20A, (30) feet from all side and rear property lines and forty (40) feet from any street line. The SF -2013, W -1 and total ground floor area of all such buildings and structures shall not cover more than twenty- W -2 five (25) percent of the site area devoted to such facilities and activities. 9. Public, semi - public and private golf courses together with related clubhouse, pro -shop and AG, 1-2 maintenance/ storage buildings, provided no building is closer than one hundred (100) feet from any adjoining side or rear property lines or closer than fifty (50) feet to a public street right -of -way line. 10. Golf driving range. AG, C -3, C-4,1-1,1-2 11. Outdoor entertainment centers (including ball parks, miniature golf courses, golf driving C -3, C -4, B- 2,1- 1,1 -2, ranges, batting cages, carnivals, archery ranges and similar uses). DT ** 12. Athletic stadiums, public or private, when located adjacent to a thoroughfare or collector AG, RE, SF-IA, SF- street. 113, SF -30, SF -20A, SF -2013, W -1 and W -2 13. Studios designed for the practice, education or training in art, dance, music, drama, photo, or C -1 interior design. 14. The location of day nurseries or similar child care activities, if said activity is clearly C -1 designed to support neighborhood requirements in the residential areas lying in close proximity to the specific use site. 15. (Deleted by Ordinance No. 480 -Z.) 16. Kennels C -3, C -4, B -2, I -1 17. Veterinary clinics for large animal care, to include such restrictions as the City Council 1-1,1-2 deems necessary for protecting adjacent properties from negative environmental impacts. ** Shall apply only to non - residential and mixed use development in the DT District Attachment b71- 4: Section 45 Specific Use Permits 45 -30 Ordinance 480 -SS 18. Equestrian riding stables, tack rooms, show rings, and rodeo grounds, either private or when AG, I -2 operated as a business, provided adequate measures are employed to prevent health hazards to humans or animals, and adequate controls are used so as not to create offensive nuisances or odors. 19. Dude ranches catering to temporary guests housed on the premises. AG 20. Private airfields and aircraft landing area. CS, AG, C -3 21. Airports, aviation field or aircraft landing areas. C -3 22. Helistop. CS, HC, 0 -1, 0 -2, I -1, I -2, B -2 23. Sales and service of new automobiles, trucks, or motorhomes. C -4, I -1 24. Sales and service of used automobiles, trucks, or motorhomes. I -1 25. Temporary concrete hatching or transient mix plant exceeding 90 -day approval plus one ALL 30 -day extension. (As amended by Ord. No. 480 -J) PLOT PLAN REQUIRED 26. Petroleum Operations. The City Council may grant this use as a specific use permit, I -2 subject to compliance with the following provisions: SITE PLAN REQUIRED a. In granting or denying a use in this category, the City Council must bear in mind that these sites are not to be located contiguous to residentially zoned properties and should be located in such a manner as to preclude the necessity to travel through residentially zoned areas to reach these sites. Petroleum operations should never be placed in an environmentally sensitive area and should be allocated only to those areas appropriately supported by public utility infrastructure and major arterial thoroughfares. Environmental impacts of this use should be carefully considered in determining whether to grant or deny an application. b. The City Council may permit the following uses within this category. (1) On -site storage of petroleum products. (2) Pipe line transfer or servicing operations relating to the delivery of petroleum based products. (3) Petroleum distribution points of a wholesale nature designed to allow the loading or off - loading of truck facilities in a non - retail setting. (4) Petroleum blending operations. (5) Any or all other petroleum related uses which in the opinion of the City Council appear to be in character with the permitted uses for this district. c. No specific use permit shall be granted unless a site plan as set forth in Section 27.8 is submitted to, and approved by, the City Council. (As amended by Ordinance No.480- M.) 27. (Deleted by Ordinance No. 480 -LL.) CS G i-C 2, 3, 4 B 1, B 2, 1 z�rrc SP1,,C —SG, Pi-LB 28. The City Council may authorize a waiver of the solid wall screen requirement for outdoor I -1, I -2 storage, only when such outdoor storage abuts a lot or tract zoned AG, and only when there Attachment T 71 - 4: Section 45 Specific Use Permits 45 -31 Ordinance 480 -SS is no residence on such lot or tract within five hundred (500) feet of the storage area. The City Council has no authority to waive Section 38 Screening Requirements where the outdoor storage abuts properly zoned residential. The applicant requesting a waiver of screening requirements must submit a map to the City Council showing that the outside storage area is so situated that it will not be an eyesore, and is sufficiently distanced from any residences. 29. (Deleted by Ordinance No. 480 -HH.) 30. (Deleted by Ordinance No. 480 -J.) 31. The City Council may authorize the establishment of retail operations in an amount 0 -1, 0-2,1-1 exceeding fifteen (15) percent of the net square footage of any one office structure if said increase is the consolidation of retail space from a number of different office structures under common ownership for the purpose of achieving efficiency of use and cost economies. An example of this use would be found in a business park which might contain five separate office structures. A cafeteria or food service establishment to service all five structures might be located in one central structure under the common control, direction or plan of a common ownership and management group. The City Council shall be authorized to grant specific use permits to allow the consolidation of the fifteen (15) percent retail support sales activity, provided that the fifteen (15) percent maximum usage for retail sales limitation shall be maintained throughout an overall common project. 32. Residential Lofts and Live/Work units: The City Council may permit the construction of C -3, DT ** residential units if they are constructed as a portion of a mixed use development within a single structure. This specific provision is designed and intended to allow the construction of studio or loft -type apartments or condominium living units on the floor or floors above office and retail -type activities situated on a ground floor. 33. A residential unit(s) for the exclusive use of an employee or employees of the principal use, B -2,1 -1 placed upon the site when such employee(s) will be fulfilling the duties of night watchman or caretaker for the site. In approving the construction of a residential unit under this provision, the City Council may establish such terms and conditions as it deems necessary to protect the interest of the community at large, the business applicant and the future occupant of the residential structure. 34. (Deleted by Ordinance No. 480 -U.) 35. (Deleted by Ordinance No. 480 -U.) 36. Recreational campsite or campground (As amended by Ord. 480 -I.) AG 37. Full Service Car Washes, subject to the following conditions: (As amended by ord.480- C -3 R) SITE PLAN a. Sanitary sewer service must be available to the site; REQUIRED b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking space must be provided for each two hundred (200) square feet of total floor area of all buildings with two- thirds (2/3) of the minim spaces ** Shall apply only to non - residential and mixed use buildings in the DT District Attachment b71- 4: Section 45 Specific Use Permits 45 -32 Ordinance 480 -SS being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty -five (45) degrees offparallel to the adjoining thoroughfare. 38. Telecommunications towers, antennas, ancillary structures (e.g., equipment buildings), ALL subject to the requirements set forth in Section 45.8 of this ordinance. (As amended by Ordinance No. 480 -W.) 39. Personal care facilities, are encouraged to be located within walking distance of shopping ALL, except AG, RE, areas, medical offices, civic centers, public parks, religious facilities, and other related SF -lA, SF -113, SF -30, facilities or may be located in transitional areas adjacent to low and medium density SF -20A., SF -20B residential developments when compatible and shall be subject to the requirements set forth in Section 45.9 of this ordinance. (As amended by Ordinance No. 480 -Y.) 40. Gasoline service station when operated with or without convenience store, car wash, and C -3 other related ancillary uses, subject to the requirements set forth in Section 45.10 of this ordinance. (As amended by Ordinance No. 480 -Z.) 41. Carports for non - residential property, subject to the requirements set forth in Section 45.12 CS, 0-1, B -1, B- 2,1- 1,1 -2, of this ordinance. (As amended by Ordinance No. 480 -IL) and S -P -1, S -P -2 and PUS districts with CS, 0-1, B -1, B -2, I -1, and I -2 uses. SITE PLAN REQUIRED 42. Multi -level parking garages for non-residential property, subject to the requirements setforth CS, 0-1, 0-2, C -1, C- in Section 45.12 of this ordinance. (As amended by Ordinance No. 480 -IL) 2, C -3, C -4, HC, B -1, B- 2,1- 1,1- 2,S -P -1, S- P-2, DT ** and PUD SITE PLAN REQUIRED 43. Single-family (attached and detached) residential DT 44. Outdoor temporary removable displays and sales ar fairs, festivals, and other special events DT ** 45.Funeral Homes and Services DT ** 46. Farmer's markets DT ** ** Shall apply only to non - residential and mixed use buildings in the DT District Attachment b71- 4: Section 45 Specific Use Permits 45 -33 Ordinance 480 -SS