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Ord 200 Adopting the Comprehensive ZoningORDINANCE NO. 200 AN ORDINANCE ADOPTING THE COMPREHENSIVE ZONING ORDINANCE OF 1992 FOR THE TOWN OF WESTLAKE, TEXAS, INCLUDING, BUT NOT LIMITED TO ARTICLES ESTABLISHING ZONING DISTRICTS, DEFINING CERTAIN TERMS; REGULATING THE LOCATION, SIZE, HEIGHT, BULK AND USE OF BUILDINGS IN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; FIXING THE PERCENTAGE ANY LOT OR TRACT OF LAND TO BE OCCUPIED IN THE VARIOUS DISTRICTS; REGULATING THE DENSITY OF STRUCTURES, BUILDINGS, INDUSTRY AND RESIDENCES AND THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; PROVIDING FOR THE ADOPTION OF AN OFFICIAL ZONING MAP UPON THE REZONING OF PROPERTY; PROVIDING FOR AN APPLICATION PROCESS AND PROCEDURES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on the 13th day of November, 1972, the Board of Aldermen of the Town of Westlake, Texas, in accordance with State of Texas Enabling laws, Article 1011 a to 1, Vernons Texas Civil Statutes, did adopt a Comprehensive Zoning Ordinance and Zoning District Map which classified the area within the corporate boundaries into various use districts and, from time to time, zoning changes and amendments have been enacted and adopted and zoning districts have been expanded to cover territory annexed to the Town of Westlake; and, WHEREAS, through experience in administration of the Ordinance the Board of Aldermen has found that the Comprehensive Zoning Ordinance of the Town of Westlake, Texas as adopted November 13, 1972, no longer affords full protection of the general welfare of the community and to the individual citizens in the peaceful enjoyment of their homes and properties; and as a result of urban growth and changing conditions has found it desirable in the interest of promoting the health, safety, morals, convenience and general welfare of the people to request the Planning and Zoning Commission to make a comprehensive study of the Comprehensive Zoning Ordinance, and the existing land uses, and to recommend such changes in the Comprehensive Zoning Ordinance, and other regulations as the Commission finds appropriate and desirable; and, WHEREAS, The Town adopted a Comprehensive Plan on August 24, 1992 and the Plan requires that certain regulations, requirements and standards be adopted by the Town and certain zoning districts and regulations be established in order to implement the provisions of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission, after study is of the opinion that the Comprehensive Zoning Ordinance of the Town of Westlake should be changed in order to best serve the public interest and general welfare, and to lessen the congestion in the street, to provide increased safety from fire, panic and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, and to facilitate the provision of adequate transportation, water, sewerage, schools, parks, and other requirements; and WHEREAS, the zoning regulations and zoning districts as hereinafter prescribed represent changes from the zoning regulations and zoning districts contained in the Comprehensive Zoning Ordinance of the Town of Westlake adopted on the 13th day of November, 1972, and as subsequently amended, and whereas such changes have been made in the public interest after study and in accordance with a Comprehensive Plan, and whereas developments which occurred under the provisions of the Comprehensive Zoning Ordinance of the Town of Westlake adopted on the 13th day of November, 1972, and as subsequently amended, are recognized and insofar as existing land use and conditions prescribed the zoning district boundaries prevailing under the preceding Ordinance were generally retained; it being the declared purpose of the Ordinance to revise and bring into conformance with changed conditions the zoning regulations and districts and to preserve and protect the appropriate use of the land in the Town of Westlake heretofore established; and WHEREAS, the Town believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting a new Comprehensive Zoning Ordinance for the Town which incorporates changes, amendments, additions and deletions in zoning districts and zoning regulations and implements the zoning districts and regulations referenced in the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: The Comprehensive Zoning Ordinance of 1992 Page - 2 ARTICLE I. ESTABLISHMENT OF ZONING DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP SECTION 1. - ZONING MAP A. Official Zoning Map - The Town of Westlake is hereby divided into ten (10) zones, or districts. When property in Westlake is rezoned in accordance with this ordinance, an Official Zoning Map, together with all explanatory matter thereon, will be adopted by reference and declared a part of this ordinance. The zones, or districts, hereby established are and shall be known and cited as: ZONING DISTRICTS ABBREVIATED DESIGNATION ZONING DISTRICT NAME 11R200" Country Residential "R40" Estate Residential 1IR20" Neighborhood Residential 1IR20C" Cluster Residential "MF" Multi -Family Residential "R" Retail "o" Office Park "O -I" Office - Industrial Park "PD" Planned Development District "S" Special B. The Official Zoning Map, when adopted, shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words: "This is to certify that this is the Official Zoning Map referred to in ARTICLE I of the Comprehensive Zoning Ordinance of 1992, Ordinance No. of the Town of Westlake, Texas" together with the date of adoption of this ordinance." Until rezoning in conformance with this Ordinance occurs on one or more tracts, the Official Zoning Map shall be the zoning as determined by Ordinance No. 49, as amended. C. When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map by the Town Secretary promptly after the amendment has been approved The Comprehensive Zoning Ordinance of 1992 Page - 3 by the Board of Aldermen, and the change shall note the ordinance number and date that the change was approved. D. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. E. The original reproducible tracing of the Official Zoning Map shall be located in the Office of the Town Secretary in the Town Hall and shall be the final authority as to the current zoning status of land and water areas, building and other structures in the Town of Westlake. F. The Board of Aldermen may by resolution adopt a new Official Zoning Map should the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Comprehensive Zoning Ordinance of the Town of Westlake, Texas." G. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. SECTION 2. - RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow center lines; The Comprehensive Zoning Ordinance of 1992 Page - 4 B. Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines; C. Boundaries indicated as following Town limit lines shall be construed as following such Town limits; D. Boundaries indicated as parallel to or extensions of features indicated in Subsections a. through c. above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; E. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A. and B. above, the Board shall interpret the district boundaries. SECTION 3. - PURPOSE OF ZONING DISTRICTS. A. Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the Town as follows: 1. "R200"_, Country Residential District: This district is intended to be composed of single family dwellings on minimum lots of approximately five (5) acres together with public schools, churches, parks and open spaces essential to create a rural residential character. These Country Residential districts are intended to provide an opportunity for rural character residential development. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain. 2. "R40", Estate Residential District: This district is intended to be composed of single family dwellings on minimum lots of approximately one (1) acre for the subdivision together with schools, churches, parks and open spaces. Such developments offer the ability to develop at a higher density without compromising the rural residential character of the Town. This district may also be used in certain areas to reduce the impact of development on sites with distinct slopes. 3. "R2011, Neighborhood Residential: This district is intended to be composed of single family dwellings on minimum lots of approximately a half acre, The Comprehensive Zoning Ordinance of 1992 Page - 5 together with public schools, churches, parks and open spaces. It is intended to be applied to relatively flat land where building sites may be created without the use of retaining walls and the removal of significant amounts of vegetation or mature trees. 4. 11R20C11 Cluster Residential District: This district is intended to be composed of single family dwellings together with public schools, churches, parks and open spaces. It is intended to allow for the clustering of lots in order to preserve vegetation, open space, topographical features and natural floodplains. It may be applied to property where an average gross density of up to 2 units per acre is appropriate. This district should ensure the preservation of natural features and amenities while maximizing development. 5. "MF", Multi -Family Residential District: This district is intended to allow for multi -family residential development in areas where additional requirements for streets, utilities, drainage, open space and landscaping are met. This district requires approval of a site plan prior to development. 6. "R11, Retail District: This district is a retail category intended to serve local residents and businesses as well as permit hotels and motels, and restaurants. The "R11 District occurs most often at limited corner locations at intersections of major thoroughfares. Off-street parking requirements are set out for business establishments in this district as are the requirements for lot coverage. 7. 11011, Office Park District: The purpose and objective of this classification and its application is to allow planned office parks consisting of office buildings for business and professional use, research and development complexes, and buildings for accessory uses. Off- street parking and lot coverage requirements are set out in this district. 8. 110/I11, Office Industrial District: The purpose of this classification is to establish industrial areas of high operational development and environmental standards. Because there will be significant neighboring residential and office park development, the district permits offices and The Comprehensive Zoning Ordinance of 1992 Page - 6 industries that are predominantly light in character, have their operations conducted wholly within buildings, minimize traffic congestion, noise, glare, air pollution, fire and safety hazards, and are compatible with adjacent land uses. 9. "PD", Planned Development District: The purpose of the Planned Development District is: a. to provide greater flexibility in land use, density, and other regulations, and to more closely reflect special conditions of development sites under a uniform plan or set of special land use regulations which are consistent with the Comprehensive Plan, which may be amended to provide such consistency, and community objectives; b. to preserve the natural amenities and environmental assets of the land, and the rural character of the community; C. to provide an appropriate balance between intensity of development and the ability to provide adequate supporting facilities and services; and d. to facilitate a more effective arrangement of buildings, land uses and utilities, and to protect contiguous land uses. Any use or combination of uses listed in the Land Use Schedule may be permitted within a planned development district and the uses proposed in the planned development district may be approved regardless of the uses designated in the Landuse Plan of the Comprehensive Plan. The uses to be permitted in any specific Planned Development District shall be enumerated in the ordinance which created such a district. Each planned development district shall constitute an amendment to the Zoning Ordinance. Certain maximum and minimum standards will be specified for various use categories and certain provisions such as yards, coverage, and building spacing are to be determined by the particular design. Specific development conditions and schedules can be enforced with respect to a "PD", Planned The Comprehensive Zoning Ordinance of 1992 Page - 7 Development District and failure to adhere to a development schedule can be the basis for removing part or all of the "PD", Planned Development District from the Zoning District Map. Besides the purpose of achieving flexibility and variety in the physical pattern of the Town of Westlake, this district should encourage a more efficient use of open space and appropriate use of land. It is included so that cognizance may be taken of the surrounding property and the proper protection of such property be provided for in locating and approving a "PD", Planned Development District. 10. "S", Special District: This district is designed to provide flexibility to a landowner to develop a tract of land under one of several alternative uses so long as the requirements for that use are met. The district requires the applicant(s) to make a Zoning request designating one of the uses permitted in the district. The district requires approval of a site plan prior to development. SECTION 4. - REGULATIONS APPLICABLE TO ALL DISTRICTS The following regulations shall apply to all zoning districts listed in ARTICLE I and hereinafter defined in this ARTICLE. A. No land or building shall be used or intended for any use other than those permitted in the district wherein such land or building is located. B. No building shall be erected, reconstructed, enlarged, structurally altered, or moved, in such manner as to evade conformity with height, bulk, yard, lot area, use, and other regulations for the district wherein such building is located. C. Every building hereafter erected, reconstructed, enlarged, structurally altered, or moved, shall be located on a lot as herein defined, and in no case shall there be more than one principal building on one lot. D. No yard, provided adjacent to a building for the purpose of complying with provisions of this zoning code, shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot. The Comprehensive Zoning Ordinance of 1992 Page - 8 E. No street or walkway shall serve as any part of a required yard or minimum lot area although street rights of way and open space may be used in determining allowable units per acre in residential subdivisions. F. Densities shall be calculated on the basis of the gross site area including roadways, floodplain, open space, and dedicated park areas. Notwithstanding this calculation of density, other provisions and regulations may limit the actual density allowed on a given site. SECTION 5. - LISTING OF APPROVED PLANNED DEVELOPMENTS Planned Developments that have been approved and appear on the zoning maps are referenced by a Planned Development Number (PD#) and the zoning district classification and/or uses authorized by the particular zoning case. The listing of approved Planned Developments will be documented in the appendix of this Ordinance and identified as Appendix A. SECTION 6. - LISTING OF APPROVED SPECIFIC USE PERMITS Specific Use Permits that have been approved and appear on the zoning maps are referenced by a Specific Use Number (SUP-#) and the type of use authorized by those permits. The listing of approved Specific Use Permits will be documented in the appendix of this Ordinance and identified as Appendix B. SECTION 7. - LISTING OF APPROVED SPECIAL DISTRICTS Special Districts that have been approved and appear on the zoning maps are referenced by a Special District Number (SD-#) and the type of use authorized by those districts. The listing of approved Special Districts will be documented in the appendix of this Ordinance and identified as Appendix C. SECTION S. - ZONING UPON ANNEXATION Any territory annexed into the Town shall be zoned at the same time or within sixty (60) days of annexation. If the property is not zoned at the time of annexation, the Town shall not grant any permits authorizing construction or development of the property until the ordinance zoning the property and amending the Official Zoning Map has been enacted by the Board of Aldermen. ARTICLE II. - PERMISSIBLE USES The Comprehensive Zoning Ordinance of 1992 Page - 9 SECTION 1. - LAND USE SCHEDULE A. Use of Land and Buildings Buildings, structures and land shall be used only in accordance with the uses permitted in the following "Land Use Schedule", subject to all other applicable requirements of this ordinance including Article III zoning District Development Standards. 1. The symbol "X" shall mean that the use is permitted as a principal use in that zoning district by right. 2. The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a "Specific Use Permit" as set forth in Article III Zoning District Development Standards. 3. The Symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use. 4. The symbol "Yes" in the column titled "Site Plan" shall mean that site plan approval is required prior to issuance of a Building Permit, subject to the requirements of Section IV.4. Required Site Plan. 5. An asterisk (*) indicates that the use has special standards or requirements listed in this section, which it must meet in order to be allowed. 6. A blank square shall mean that the use is not allowed in that zoning district as a principal use. [Land Use Schedule] The Comprehensive Zoning Ordinance of 1992 Page - 10 Wl' LAND USE SCHEDULE SF Residential Permitted Uses Commercial R-200 R-40 R-20 R-20C X=Permifted,A=Accessory Use,S=SUP MF R 0 0-1 40 AGRICULTURAL USES Farms General (Livestock, Ranch) x x x Veterinarian (Indoor Kennels) x Veterinarian (Outdoor Kennels) S S Stables (Private, Principal Use) S S x x x Stables (Private,Accessory Use) RESIDENTIAL USES X Single Family Zero Lot Line x X Single Family Attached x INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service x Heliport S Utility Shop and Storage S S x Water Storage Tank(Elevated or S S S 3Sept. 1892 /Page 1 WL- LAND USE SCHEDULE SF Residential Permitted Uses Commercial R-200 R-40 R-20 R-20C X=Permitted,A=AccessoryUse,S=SUP MF R O 0-1 S Retirement Home X X S Nursing/Convalescent Home X X S Hospice X X X Hospital X X X Psychiatric Hospital S X X S Clinic S X X X X X X X Child Daycare (7 or more)* A X X X X X X X School, K-12 (Public or Private)* X X X S School (Vocational) S X X X College or University S X X X S Community Center X X X X Civic Club X X X X S S S S Church or Place of Worship* X X X X S S S S Use Associated to a Religious Inst. A X X X S Government Building X X X X S Police Station X X X X S S S X Fire Station X X X X S Library X X X X ... .._..._........ ..... ................. COMMERCIAL USES Multifamily (Apartments) X Offices (General) X X X Studio X X X Banks and Financial Institutions X X X Information Processing X X Hotel/Motel with Conferencing Facil. X X Laundry/Dry Cleaning (<3,000 s.f.) X X Laundry/Dry Cleaning (Drop/Pick) X X X Shoe Repair X A A Beauty Parlor/Barbershop X A X Clothing Store X X Quick Copy/Duplicating Services X A X Personal Services X X X 3 Sept. 1992 /Page 2 WL-LAND USE SCHEDULE SF Residential Permitted Uses Commercial R-200 R-40 R-20 R-20C X=Permitted,A=AccessoryUse,S=SUP MF R O 0-1 Grocery X Convenience Store X A X Service Station X X Drug Store X A X Variety Store X Bakery Sales X Stationary Store X A Antique Shop X Art Gallery X A Hardware Store X X Sporting Goods X Paint and Wallpaper X X Cloth Store X Retail Stores-General X A (Excluding Second Hand Goods) Restaurant/Cafe X A X Auto/Truck Parts and Accessories S X Household Furniture/Appliances X X AMUSEMENT/RECREATION X X X X Golf Course (Public or Private) X X X X X X X X Park or Playground X X X X X X X X Satellite Dish* X X X X Non-Commercial Radio Tower S S S Race Track Operation S Recreation Facility, Health Studio X X X X AUTO SERVICES Truck/Trailer Rental; S X Auto Body Repair S Auto Mechanical Repair S X Quick Lube/Oil Change X X Vehicle Maintenance (Private) X X X 3 Sept. 1992 / Page 3 WL'LAND USE SCHEDULE SECTION 2. - ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. SECTION 3. - TEMPORARY STRUCTURES A Temporary Structure is one which is used for a limited period of time. It may be manufactured on-site or off-site, but is temporary in nature, and only used until a permanent structure can be constructed or refurbished. All Temporary Structures shall be required to comply with the following: A. Permits No temporary structure may be constructed on site, or brought on site until a Building Permit for its construction and siting has been issued. B. Time Limit The time limit for all Temporary Structures shall be ninety (90) days; except for on-site construction offices and batching plants which shall be limited to the time required for the actual on-site construction of the structure or facility, or one year, whichever is less. Any further extension shall require Board approval. SECTION 4. - SATELLITE DISHES Satellite Dishes shall be allowed in any district as an accessory use, provided that they meet the following conditions: A. Location Satellite Dishes shall not be located within required front or side yards. They shall be located only in rear yards in residential districts. In commercial districts, they may also be allowed on roof tops or as specified on an approved detailed site plan. B. Screening Satellite Dishes shall be fully screened from view from streets and public open space areas. When located on ground level, they shall be screened to the full height The Comprehensive Zoning Ordinance of.1992 Page - 11 of the structure with landscaping. When located on a roof top in a commercial district, the dish shall be located and screened so as to minimize visual impact from other properties in the area. C. size Satellite Dishes shall not exceed ten (10) feet in diameter, nor 14 feet in height when the dish is vertically positioned. Larger dishes may be approved as specified on a detailed site plan or as a SUP. SECTION 5. - FARM ANIMALS AND HORSES A. Grazing animals 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 s.f. per animal. Grazing animals of less than 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 s.f. per animal. B. An SUP is required for other farm animals, including chickens and swine, and for a reduction in the land area required for grazing farm animals. The Town shall not grant an SUP for any farm animal unless it is convinced that the presence of such animals will not injure the use and enjoyment of neighboring properties, including the impact of dust, flies and ori. /? ✓ C. Notwithstanding the conditions above, 1. Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any pose a health hazard or nuisance to humans or animals; 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the animal; and 3. All enclosures for grazing animals shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned for residential use. SECTION 6. - SERVANTS/CARETAKERS QUARTERS Servant or caretaker quarters may be allowed on a property in a residential or commercial zoning district provided that it The Comprehensive Zoning Ordinance of 1992 Page - 12 is ancillary to the primary use and that only one such facility is provided on a lot in a single family district. SECTION 7. - TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS AND VISITORS Temporary accommodation for employees, customers and visitors may be provided as an ancillary use in commercial zoning districts provided that: A. Such accommodation is clearly in support of the business operation, B. No rental of such facilities to the general transient public occurs, C. Accommodation is for temporary stays, not to exceed 30 days, and D. No more than 5% of the building area is utilized for this ancillary use. SECTION S. - UTILITY DISTRIBUTION LINES All Utility Distribution Lines shall be placed underground. Utility Distribution Lines placed above -ground shall require special approval of the Board of Aldermen based upon a recommendation of the Planning and Zoning Commission. SECTION 9. - ACCESS TO ROADWAYS All Child Daycare facilities, schools (public and private), and churches or places of worship shall be located in such a manner so that the roadway in front of the main entrance is a minimum of forty-five (45) feet of pavement. SECTION 10. - NEW AND UNLISTED USES New and unlisted land uses which were not originally anticipated, will likely be considered for location within the Town. Such uses shall be reviewed by the Planning and Zoning Commission and the Board of Aldermen for inclusion in specific zoning districts or as part of a Planned Development (PD) zoning request. When considering requests for a new land use, the Commission and Board shall consider the potential effects of the use on adjacent properties in terms of requirements for services, The Comprehensive Zoning Ordinance of 1992 Page - 13 visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate. ARTICLE III. - ZONING DISTRICT DEVELOPMENT STANDARDS SECTION 1 A B. C. - GENERAL Non -Conformity In the event that the Town takes an act or action which transforms a previously conforming structure for purposes of front, side and rear yard setback requirements into a non -conforming structure for the purposes of front, side and rear yard setbacks, then such structure shall be deemed to be in conformance with the required setback prescribed in this ordinance. In the event the Town takes an action that causes a previously conforming structure to become non -conforming in any other manner, conformity will be required as established in the Westlake Building Code. Lots with Multiple Frontages Where lots have multiple frontage on one or more streets, the required front yard shall be provided on each street. Concept Plans 1. Applicability Approval of a Concept Plan shall be required in connection with any request for zoning unless said zoning request is upon request of the Town. All subsequent Site Plans shall be in substantial conformity with the approved Concept Plan. If, in the opinion of the Town Planner, the Site Plan does not substantially conform to the Concept Plan approved by the Board, the applicant shall either seek approval of a revised Concept Plan or submit a revised Site Plan. 2. Purpose The Concept Plan is intended to provide the Town with the information and data that is necessary to assess the merits of the development and to properly plan for services. The Comprehensive Zoning ordinance of 1992 Page - 14 D. Site Plans 1. Applicability Site Plans are required for all developments except individual single family lots, and shall be accompanied by a proposed development schedule. 2. Purpose The purpose of a Site Plan is to ensure that all provisions of this Ordinance are adhered to; that developments are consistent with the intent of the Comprehensive Plan, Thoroughfare Plan and Open Space Plan; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule. E. Visibility Triangles 1. Corner Lot a. Applicability No fence, wall, screen, sign, structure, or foliage of hedges or trees shall be erected, planted or maintained in such a manner as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within the visibility triangle between 30 inches and 9 feet above the average grade of the street. b. Dimensions The visibility triangle is a triangular area formed by extending the two curb lines (or edge of pavements) a distance of 45 feet from their point of intersection, and connecting these points with an imaginary line, thereby creating a triangle. If there are no existing curbs, then the triangular area shall be formed by extending the property lines a distance of 30 feet from their point of intersection and connecting these points with an imaginary line. 2. Driveway Intersection a. Applicability When a driveway intersects a public right-of-way, no fence, wall, screen, sign, structure, or foliage of hedges or trees shall be erected, planted or maintained in such a manner as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within the The Comprehensive Zoning Ordinance of 1992 Page - 15 VISIBILITY TRIANGLES y1'xrET • 771E MA44:.¢G -%zcO !e Ar4m)rw AlCK WM E4*6 a' s7xffr. AND PROJGGTEO ATA 45' AWlf 70 71K AOJIVA'IA* 57,Mer • 7MO OVOG5MICPZ 115M446, FMO ar 1115MV svavica OC 4W77cA%VY 2=6' TO 8-O� /// ,v6Y.Y7 visibility triangle area between 30 inches and 9 feet above the average grade of the street. b. Dimensions The triangular areas are formed on both sides of the driveway where it intersects with a public right-of-way. It is formed by extending the curb lines (or lines formed by the edge of pavement) of the driveway and roadway 10 feet from their point of intersection, and connecting those two points with an imaginary line. If there is no curb line in the right-of-way, then the edge of pavement may be used instead. F. Fences 1. General All Fences within the Town shall conform to the following standards: a. No fences may be erected within the required front yard. b. No chain link fences shall be located within 10 feet of a property line. C. Split rail, steel pipe and wrought iron fences are encouraged. d. Fences may be built to a maximum seven (7) feet in height anywhere behind the front yard Building Setback Line including property lines on the side and rear yards. However, no solid fencing greater than 3.5 feet in height may be placed within 10 feet of a right-of-way line for a roadway or open space corridor. 2. Barbed Wire Fences Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however, no barbed wire fence shall be located on any platted property zoned for single family use. The comprehensive Zoning Ordinance of 1992 Page - 16 G. Development Agreement 1. Applicability Development Agreements shall be required of all land which is platted for development purposes and all Planned Development Zoning. 2. General A Development Agreement is intended to reflect the agreement of the Town and Developer as to the phasing of construction to insure timely and adequate provision of public works facilities. This agreement is also intended to insure balanced intensity of development to avoid overloading existing public facilities during construction, and to ensure the proper development and care for common areas. The agreement will be individually negotiated for each major project, but should address the following issues: a. A plan for the design, construction, use and permanent care and maintenance of any common areas, including open space. b. Any agreements on cost sharing or reimbursements for the installation of oversized utility systems and roadways. C. Proposed timing of improvements to the property. d. Any other agreements necessary to facilitate the development within the Town. 3. Form and Timing of Agreement a. The Development Agreement or other legal instrument shall be approved as to form by the Town Attorney and executed coincident or prior to final plat approval. b. The subject property may be required to have the Development Agreement filed in the Deed Records of the appropriate County(ies). The Comprehensive Zoning Ordinance of 1992 Page - 17 SECTION 2. - RESIDENTIAL DISTRICTS - GENERAL A. Exterior Wall Building Materials 1. All buildings of 100 s.f. or more and over 9 feet tall shall have exterior walls constructed of masonry construction. Exterior walls for all buildings of 100 s.f. or more and over 9 feet tall, shall be constructed of at least seventy- five percent (75%) standard masonry construction, excluding windows and doors, unless said wall is on a porch, patio, courtyard, or breezeway, in which event, said wall may be of non -masonry construction. 2. Buildings less than 100 s.f. and under 9 feet in height may be constructed with non -masonry materials, or may be all metal with a baked -on pre -painted surface. 3. Exceptions to these requirements, including buildings for farm animals, may be permitted on a case by case basis by the Board upon submission and approval of elevational drawings of the subject structure, and material samples. SECTION 3. - COMMERCIAL DISTRICTS - GENERAL A. Building Separation Where a multifamily building or buildings are erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 40 feet apart, and no balcony or canopy shall extend into such minimum court area. B. Exterior Wall Building Materials All buildings shall have exterior walls constructed of stone, brick, glass block, tile, cast metal, cast stone, or a combination of those materials. Exceptions to this requirement may be permitted on a case by case basis by the Board upon submission and approval of elevation drawings of the subject structure, and material samples. This may include the approval of concrete or plaster/ stucco where it is deemed important as a design feature and where it will be applied under the highest standards for quality and durability. The Comprehensive Zoning Ordinance of 1992 Page - 18 WL-DISTRICT DEVELOPMENT STANDARDS CHART District Density IMin.Principal Height Lot Width Minimum Setbacks Required Requires Min.Lot Size u/a,FAR Building Area Front Rear [Side Landscaping Site Plan -200 Country Residential(5 s.f. ac.) 150,000 . 0.2 2,000 s f.Bldg.Min 2.5 st/35' 200 50 50 30 R ou R-40 Estate Residential(1 ac.) 30,000 s.f. 1 1,800 s.f.Bldg.Min.2.5 st/35' 125 40 40 20 R-20 Neighborhood Residential(.5 15,000 s.f. 2 1,500 s.f.Bldg.Min.2.5 st/35' 100 35 35 15 R-20C Cluster Residential 6,000 s.f.Min w/L 2 1,500 s.f.Bldg.Min,2.5 st/35' na na -- na nayes 15,000 at over 25 Ac.Max MF Multifamily 200,000 s.f. i 12 1,000 s.f.Avg. 2.5 st/35' 200 40* 40* 20* 20%/250 O.S/U yes I R Local Retail a0.000 0.20-:1 2 000 s.f.- 2 5 st./35' 200 50* 50 0 or 4* 20% yes ..._ .._ 250 s.f.of _—.._... O Office Park 200,000 0.251 3,000 s.f. 2 st/35' 200 100* 100* 75* 20% yes 0-1 Office-Light Industrial Park 1200,000 [ 0.30:1 3,000 s.f. 3 st/50' 175 75* 50* 150* 15% open space yes required for - PD Planned Development 200,000 s.f. [All district regmts.are est'd by t Orating each PD.] each yeS - ----------- - -- - dwellingunit. ----- .._...._._ ........ . ......_ _._._. ..._._._. _------- - . . ..._.... .....__. ._..... .. ._.__-- ---- ---- _..._._... Height Overlay for Commercial *Height and Building Setback for Ed1— e of [ Uses may allow up to 7 stories Commercial and Multifamily may be adjacent to Hwy 114. (Based on affected by., site, '[ 700 MSL) ----_-- 1. Slope of 2:1 from closest R.O.W. oved line of adjacent roadway,and rd on 2. Slope of 5:1 from residential property lines. _....__........ ...___......................_...___.__.__._....._.______._..____...}._........_.._..... .._..__......._.._..............._........._. __ �,��.,, 3.Landscape buffer requirements --�-----����-��-��-��"� along Hwy114. FRONT YARDS REQUIRED MEASURING BUILDING SETBACK • 0 FRONT YffR� �T�a4GK r I I PP�'�1RD �TI�aO,e �7�3i1�K ,� iyF�SU,fEO To I FAce or 1%Wliirq MEASURING T&r0 PEAK BUILDING HEIGHT MAX. ;° TMP cl" PW/ET BUILDING SETBACKS 21 ROADWAY SLOPE • 7 eOilK MFASI/Rfb fea+� cLo �sT r�u/aY 1?ou/ L/N.E i / 72 E�o� 2� / /w'sE7ar::x foR G3�f/CZ .O'-3475*)'W f;rM- XM�1fGE : 7 SF4zr REcP9/R : (/Z+/o'F4-fL M74 t 1,yel t ='24',6" s/rc- /-ST4 7' fa'Lz9j. (/Z J SET $ASK Go' /O&M At-VL)eWr1l1 fRof L/NE • AS5/MES LEUEL_ QwZM,VD PLffNE. /F c wvo PLRNE DW5 4wU , fRoM fWV1,94e77 //NE, TNF 6V1LD/nay MAYS T9�ER. /f AcC6�55 69uZzrM (/oG'R gal) • A 7-5Tagr Ag4c*.410t d Be r5r4k 720'� A Re5115)Mrr91- RwleX77 L/N6 /N If RES'L�Nr/r9L DfSTR/cT. SF -20 RESIDENTIAL 2 U/A • STMTR�%�. • e&m 11d/D �U1T6F2 AI IOWFID SF -40 ESTATE RESIDENTI I VIA 2 •-�TRF�T TRE. >e�q'D. • l.�fY/N9� �l4GE �Q'D yo' MIN. SF -200 COUNTRY RESIDENTIAL. D.2. U/4 • 5,7MT T/KE Aa?'A. • tMIA 4AF r-5WRUPs ACVb. RON l1�l10').. d P911V61P•9L �'//LD/A4 MUsr ee Mh vcWl /f Rr O P✓U/LD/n,fa5 LES 7-#W IX AND 9' /N 94t;f7- Of/ , 4�5Vim/-MR5QVltRr CA4..T,P6GT/Ori/. M/N. P�LtXa Asst ` MIN. SITr- .4ga4-�?�e7x M/N.6LpCf./mew yo MIN. ( 1, OOo ) M/9. 5/TE 14�Ef1 = /ei5�4o * /1%�i(/ BL�X./gfFEA Ml�l. SECTION 4. - DISTRICT DEVELOPMENT STANDARDS A. District Development Standards Chart 1. The attached District Development Chart sets out standards for density, minimum building area, building height, minimum setbacks from property lines, required landscaping, requirement for site plan approval, and requirement for submission of a development schedule. Front yard setbacks are required in all instances where a property line abuts a street right-of-way. The chart shall establish the minimum requirements for these elements except as set out below. [District Development Standards Chart] B. Maximum Building Height The height limit for all structures shall be as established in the Districts governing the property on which the structures are located. However, the maximum height may be increased up to 700 mean sea level, unless otherwise limited by an approved Site Plan, Specific Use Permit or Planned Development District. 2. Building Height and Setback for Commercial Districts Roadway Slope In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from the nearest roadway right-of-way line at a 2:1 slope directly into the subject commercial property (e.g. a 100 ft. high building must be set back 200 ft from the ROW line). b. Residential Slope In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from a residential property line in a residential district, at a 5:1 slope directly into the subject commercial property (e.g. a 100 ft. building must The Comprehensive Zoning Ordinance of 1992 Page - 19 be set back 500 ft. from the residential property line). C. Changes in Grade Notwithstanding the slopes noted above, if the slope of the ground rises or falls from the point of origin of the slope line, the actual building height may be greater or lesser by the difference in grade. 3. The following features may be constructed 12 feet higher than the maximum height requirement of the zoning district in which the structure is located: a. Chimneys, church spires, elevator shafts, and similar appendages not intended as places of occupancy or storage. b. Flag poles and similar devices. C. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures, and devices. Provided that they are: a. not more than one-third of the total roof area; and b. set back from the edge of the roof a minimum distance of two feet for every foot by which such features extend above the roof surface of the building to which they are attached. SECTION S. - SPECIFIC USE PERMITS (SUP) Applications for SUPS shall be made in conformance with Article IV Zoning - Related Applications. A. Purpose The purpose of the Specific Use Permit (SUP) process is to identify those uses which might be appropriate within a zoning district, but due to either their locational, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or The Comprehensive Zoning Ordinance of.1992 Page - 20- conditioning them so as to eliminate such probable negative impacts. B. Authority 1. The Board of Aldermen, after recommendations by the Town Planner and the Planning and Zoning Commission, may authorize issuance of a Specific Use Permit for any of the uses indicated in the Land Use Schedule in this Article. 2. The Board of Aldermen may, in the interest of the public welfare and to assure compliance with this ordinance, establish conditions of operation, location, arrangement and construction of any authorized special use. In approving any specific use, the Board may impose such development standards and safeguards as conditions warrant for the welfare and protection of adjacent properties, and citizenry as a whole as it may be affected by this use. 3. All Specific Use Permits approved in accordance with the provisions of this ordinance shall be referenced on the Official Zoning Map of the Town. Such note will be indicated by the letters "SUP" followed by the identification number. C. Termination of Specific Use Permit All Specific Use Permits approved in accordance with the provisions of this ordinance in its original form or as hereafter amended shall automatically terminate upon cessation of the use for a period of ninety days. Termination of use shall be determined to be the earliest date that any of the following occur: 1. Disconnection or discontinuance of water and/or electrical services to the Specific Use Permit zoned structure, lease space, lot or tract. 2. Abandonment of the Specific Use Permit zoned structure, lease space, lot or tract of land. For the purpose of this paragraph, "abandoned" shall mean to surrender occupancy by vacating or ceasing to operate or inhabit subject property. 3. Any Specific Use Permit granted by the Board shall automatically terminate if a Building Permit has not been obtained on the premises within one year from the date the ordinance granting the Specific Use Permit is adopted. The Comprehensive Zoning Ordinance of 1992 Page - 21 4. On any tract of land for which a Specific Use Permit has been granted and the use has ceased as of the date of this ordinance, such Specific Use Permit shall automatically terminate three months after the adoption of this ordinance unless the use has been reinstated by that time. IV. - ZONING -RELATED APPLICATIONS SECTION 1. - GENERAL A. Filing of an Application It is recommended that the applicant have a pre - application conference with a Town official or the Town Planner prior to submitting a formal application. B. Submission of Plans 1. All plans submitted pursuant to this Ordinance shall be prepared by a registered planner, architect, engineer or landscape architect. 2. The applicant shall submit the following quantities of submittals as may be required, or as proposed in support of an application, in order to provide for adequate review of the application: a. Six copies of all plans, elevations and other drawings that form the submittal. b. Six copies of the Application form and 8 1/2" x 11" photographic reduction of the drawings. C. Six copies of the Development Schedule, Preliminary Service Plan, Draft Development Agreement and any other supporting material. d. Two copies of the geo-technical report. SECTION 2. - PLANNED DEVELOPMENT (PD) CHANGE AND REQUIREMENTS A. General 1. The Planned Development District may be granted by the Board based on a Concept Plan in the case of a large property; however, prior to securing a Building Permit, a Site Plan must be submitted and approved by the Board of Aldermen upon The Comprehensive Zoning ordinance of 1992 Page - 22 B. recommendation by the Planning and Zoning Commission. 2. Each Planned Development District approved under the provisions of this section shall be considered as an amendment to the Westlake Zoning Ordinance, but applicable only to the property involved. 3. In carrying out the development, the approved Development Schedule shall be complied with and such conditions as are specified for the development of a PD shall be construed as conditions precedent to the granting of a Certificate of Occupancy (CO) and compliance as required by the Town of Westlake. 4. The granting of a Planned Development District on a particular property may require the execution of a Development Agreement with the Town. PD Concept Plan Approval 1. Pre -application Conference a. An applicant for a Planned Development District is encouraged to request a pre - application conference with a Town official or the Town Planner prior to formal application. b. At the pre -application conference, the applicant should present a draft concept plan with as much detail as possible. C. Based on the information presented, the Town representative will provide initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal PD application. 2. PD Concept Plan Content a. General. All plans must include date, appropriate engineering scale, north arrow, vicinity map, and the names , addresses and telephone numbers of both the property owner and the individuals preparing the plans. b. Site Analysis. The site analysis shall be prepared on a topography base map with not less than five foot contour intervals, and The Comprehensive Zoning Ordinance of 1992 Page - 23 C. must describe existing natural features and physical improvements by including the following items: i. Location of 100 -year flood plains, water bodies, creeks, marshes, the approximate centerline of water courses, slopes in excess of 10%, rock outcroppings, and any other significant natural features. ii. Location, identification, and dimension of site boundaries and all existing public and private easements. Location of major utility trunk lines and future tie-ins. iv. Identification of land uses and historical landmarks on and adjacent to the site. V. Location of existing structures within the site and the improvements to be retained. vi. Identification of key views corridors both to and from the site. vii. Location, species and diameter of existing trees greater than eight (8) inches caliper and all major tree groupings. The PD Concept Plan The PD Concept plan must be prepared on a site topography base map with not less than five foot contour intervals and must include: i. A metes and bounds description of the overall tract. ii. The location of all land use areas showing the gross acreage for each use, maximum height, net residential densities, floor area ratios and the total floor area for each non- residential use, and other special standards, as appropriate. The Comprehensive Zoning Ordinance of 1992 Page - 24 A categorical listing of the total acreage for each land use, and the density, height, floor area, setbacks and other appropriate standards for each proposed land use area. iv. Conceptual urban design plan including streetscape, buffers, parks and open space facilities, lighting, signage and other key features of the plan. V. Identification of all areas to be dedicated to the Township or to have public easements, such as roadways, open space and drainage areas. vi. Location of all proposed screening between the site and adjacent property and between land uses within the site. vii. Location of minimum building setbacks along the site boundaries, along streets, and between residential and non-residential uses. viii. Indication of each phase of development if separate phases are proposed. ix. The location of collector roadways proposed in the development, right-of- way widths, and the location of collector access points to abutting streets and highways. d. Preliminary Service Plan i. A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area. ii. The proposed method of providing water and sewer service. The Comprehensive Zoning Ordinance of 1992 Page - 25 e. Other Material as May Be Submitted in Support of Application i. Draft Development Agreement and any covenants, conditions, restrictions and agreements which govern the construction, use, maintenance and operation of roadways, parks, open space, drainage areas and facilities. ii. A preliminary geo-technical report that addresses soil, subsurface and slope conditions that may affect development. Traffic Study showing the project's impact on roadway and intersection capacity. iv. A Development Schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The Development Schedule, if adopted and approved by the Board, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest. C. PD Site Plan Approval 1. General a. No construction or development within the PD District may commence, and no building permit may be issued unless the Board of Aldermen has approved a site plan upon recommendation of the Planning and Zoning Commission for that phase of the project which is consistent with the approved Concept Plan. b. The Board may not approve a Site Plan that is not consistent with an adopted Concept Plan and PD Ordinance. C. Upon approval of the PD Zoning District, the applicant may submit a Site Plan Application to the Township for each phase in accordance with the phasing schedule of the PD Concept Plan. The Comprehensive Zoning Ordinance of 1992 Page - 26 d. Applications for Site Plan approval in Planned Development Districts shall conform to Section 4 Required Site Plan. SECTION 3. - REQUIRED CONCEPTUAL PLAN A. Whenever a Conceptual Plan is required as a condition of zoning approval, the Conceptual Plan shall comply with Section 2.B. of this Article, except that Section 2.B.(2) c. be revised to require that the Plan be prepared on a site topography base map with not less than five foot contour intervals and include: 1. A metes and bounds description of the overall tract. 2. Conceptual representation of proposed use(s) and generalized representation of proposed major infrastructure improvements. 3. Identification of all areas to be dedicated to the Township or to have public easements, such as roadways, open space and drainage areas. 4. Location of all proposed screening between the site and adjacent property, and any required landscape easements along roadways. 5. Indication of each phase of development if separate phases are proposed. 6. The location of collector roadways proposed in the development, right-of-way widths, and the location of collector access points to abutting streets and highways. B. Other Material Which May Be Submitted in Support of the Application 1. Draft Development Agreement and any covenants, conditions, restrictions and agreements which govern the construction, use, maintenance and operation of roadways, parks, open space, drainage areas and facilities. 2. A preliminary geo-technical report that addresses soil, subsurface and slope conditions that may affect development. 3. Traffic Study showing the project's impact on roadway and intersection capacity. The Comprehensive Zoning Ordinance of 1992 Page - 27 4. A Development Schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The Development Schedule, if adopted and approved by the Board, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest. SECTION 4. - REQUIRED SITE PLAN A. General 1. No construction or development within a district that requires a Site Plan may commence, and no building permit may be issued unless the Board of Aldermen has approved a site plan upon recommendation of the Planning and Zoning Commission. 2. where a Concept Plan has been approved as part of the Zoning, all Site Plans must be in substantial conformity with that approved Concept Plan. 3. No public notification is required for consideration of a Site Plan, or amendment, beyond posting as an agenda item for the Planning and Zoning Commission and Board of Aldermen. B. Site Plan Content 1. Required Site Plans shall be prepared on a standard sheet size of 30" x 42" or 24" x 3611, and at an engineering scale of 1"=50' or larger. Required Site Plans shall be prepared by registered engineer, architect or landscape architect. The required Site Plan may be submitted on one or more sheets. 2. General Information required: a. North Arrow; b. Total site acreage; C. Submission date; d. Scale (written and graphic); e. Vicinity map; f. Names, addresses and telephone numbers of designer, engineer, developer and owner; g. Accurate survey of the boundaries of the site with the location of proposed land uses; The Comprehensive Zoning Ordinance of 1992 Page - 28 h. Adjacent subdivision names and property lines; and i. Adjacent land uses and structures. 3. Structures: a. Location, dimensions and use of all existing facilities and proposed building sites; b. Setback and separation distances between building sites; C. Proposed construction type and facade materials for all non-residential buildings (the Commission may require elevations and perspective drawings); d. Proposed density of each use; e. Proposed location of screening along the collector roadways shown on the Thoroughfare Plan. 4. Streets and Sidewalks: a. Location and width of all rights-of-way and 5. Off -Street Parking and loading areas: a. Number, location and dimension of spaces; b. Type of surface material of parking facility; C. Dimension of aisles, driveways, maneuvering areas and curb return radii; d. Distance between spaces and adjacent rights- of-way; e. Location of all existing and proposed fire lanes and hydrants; and f. Proposed lighting diagram is required if not in accordance with Article VI Parking and Loading Standards. The Comprehensive Zoning Ordinance of 1992 Page - 29 easements; b. Location and dimensions of all pavement and curbing; C. Location and width of all sidewalks; d. Location and width of all ingress/egress points; e. Location and width of all medians and median breaks; and f. Location of any special traffic regulation facilities. 5. Off -Street Parking and loading areas: a. Number, location and dimension of spaces; b. Type of surface material of parking facility; C. Dimension of aisles, driveways, maneuvering areas and curb return radii; d. Distance between spaces and adjacent rights- of-way; e. Location of all existing and proposed fire lanes and hydrants; and f. Proposed lighting diagram is required if not in accordance with Article VI Parking and Loading Standards. The Comprehensive Zoning Ordinance of 1992 Page - 29 6. Landscaping: a. Location and size of major tree groupings and existing hardwood trees greater than eight (8) inches caliper, noting whether they are to be removed or retained; b. Location and size of proposed plant materials, including paving; C. Number and type of each landscape element; d. Height and type of all fencing or buffering; e. Height of all planters, sculptures and decorative screens; f. Location and type of trash receptacle screening; g. Location and type of lighting for streets, signage and parking areas; and h. Location of visibility triangles where required. 7. Geo -technical: a. Geo -technical report on soils, subsurface and drainage; b. Direction of water flow; C. Quantity of on and off-site water generation; d. Topographic contours at a minimum of 5 foot intervals; e. Points of concentrated water discharge; and f. Areas where special design and construction may be necessary due to slope or soil conditions. 8. Preliminary Service Plan. a. A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area. b. The proposed method of providing water and sewer service. C. Criteria for Site Plan Review Site Plans may have additional stipulations placed on them by the Board. In approving or denying a Site Plan under this Article, the following criteria shall be considered: 1. Safety of the motoring and pedestrian public using the facility and area surrounding the site. The Comprehensive Zoning Ordinance of 1992 Page - 30 2. Safety from fire hazards and measures of fire control. 3. Protection from flooding and water damage. 4. Noise and lighting glare effects on adjacent neighbors. 5. Relations of signs to traffic control and their affect on adjacent properties. 6. Adequacy of streets to accommodate the traffic generation of the proposed development. 7. Adequacy of off-street parking and loading facilities for the uses specified. 8. Landscaping and screening provisions appropriately placed per code requirements. 9. Siting structures and other improvements relative to required setbacks, height limitations, and other density and dimensional requirements. 10. The impact of the proposed development on slopes, protected vegetation, the open space system, and adjacent properties. 11. Such other measures as might secure and protect the public health, safety, morals and general welfare. Amendments to Approved Applications Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall also submit a summary of all elements that are proposed to be changed along with the revised plans and application. Notwithstanding the above, the Town Planner may approve minor modifications in an approved Site Plan administratively, provided that they do not: 1. Alter the basic relationship development to adjacent property; 2. Change the uses permitted; 3. Increase the maximum density, height; of proposed floor area, or The Comprehensive Zoning Ordinance of.1992 Page - 31 4. Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; 5. Reduce the minimum yards or setbacks; or 6. Detrimentally change or alter the characteristics of the elevational drawings or Site Plan as approved, but rather allow for some flexibility in minor modification to same. ARTICLE V. - DEFINITIONS SECTION 1. - INTENT The definitions in this Article are those that apply throughout this Ordinance. Generally, words used in the present tense include the future, words in the singular number include the plural, words in the plural include the singular, the word "building" includes the word "structure", the word "lot" also means "plot" or "tract", the word "shall" is mandatory and not directory. SECTION 2. - DEFINITIONS "ACCESSORY BUILDING". A permanent or portable structure on the same lot with, and of a nature incidental and subordinate to, the use of the principal structure. "ACCESSORY USE". A use which is clearly incidental to the use of the principal building or main use of the property. "ALLEY". A public way less in size than a street which affords only a secondary means of access to abutting property, and not intended for general travel. "BASEMENT". That portion of a building, the floor of which is wholly or partly below the adjoining grade. "BOARD". The Board of Aldermen of the Town of Westlake, Texas. "BUILD". To erect, convert, enlarge, reconstruct, restore or alter a building or structure. "BUILDABLE AREA". The portion of a lot remaining after required yards and setbacks have been provided. The Comprehensive Zoning Ordinance of 1992 Page - 32 "BUILDING". A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. "BUILDING. DETACHED". A building surrounded by yards or open space on its own building lot, or buildings in a building group that are physically detached one from the other. "BUILDING. HEIGHT OF". The vertical distance from grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the top of the highest gable of pitched or hip roof. "BUILDING LINE". A line established, in general, parallel to the front curb line or edge of pavement, between which and the front curb line or edge of pavement no part of a building shall project, except as otherwise provided in this ordinance. "BUILDING PERMIT". An official document or certificate issued by the Town of Westlake authorizing erection, construction, renovation, maintenance, or any other special activity on any building or structure, or on any installations or facilities therein. The term "building permit" shall include but not be limited to building permits, electrical permits, mechanic permits and plumbing permits. "BUILDING, PRINCIPAL". A non -accessory building in which a principal use of the lot on which it is located is conducted. All residential uses, except bona fide servants' quarters, shall be deemed principal uses. "CHIEF BUILDING OFFICIAL" shall mean the Town Engineer or his designee who is the administrative official responsible for issuing permits and enforcing the building codes of the Town. "CITY". The Town of Westlake. "COMMERCIAL". Commercial uses or districts are defined as including either office or retail uses, or both. "COMMISSION". The Planning and Zoning Commission of the Town of Westlake. "CONDITIONAL USE". A use of land which may be permitted provided that the Board determines that it is in the interest of the public health, safety and general welfare. "COURT". An open, unoccupied space bounded on more than one side by the walls of a building or buildings and used as a primary means of access to all or any part of said buildings. The Comprehensive Zoning Ordinance of 1992 Page - 33 "CUSTOMARILY INCIDENTAL USE". A use of a building or premises, not involving the conduct of a business, which use is only secondary to the principal use and is indispensably necessary to the enjoyment of the premises for any of the principal uses permitted within a zoning district. "DEVELOPMENT OR TO DEVELOP". Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. "DISTRICT". A Zoning District; a section of the Town for which the regulations governing the area, height, and use of buildings and land are uniform. "DWELLING". A building or portion thereof which is arranged, occupied or intended for residential use, including facilities for food preparation, sleeping, and bathroom(s), occupied by not more than one family. "DWELLING, ATTACHED". A dwelling which is joined to another dwelling at one or more sides by a partial wall or walls. "DWELLING, DETACHED". A dwelling which is entirely surrounded by open space on its building lot. "DWELLING. MULTIPLE". A building used or designed as a residence for three or more families or households living independently of each other. "DWELLING, TWO FAMILY". A detached building having separate accommodations for and occupied as, or to be occupied as, a dwelling for only two families. "EDUCATIONAL INSTITUTION". Elementary, junior high, high schools, junior colleges, colleges or universities or other schools giving general academic instruction in the several branches of learning and study required by the State of Texas. "FACADE". The front facing wall of a building and shall include any special architectural features. The term facade shall not include any lateral extension of the front building wall to create a larger facing area, and it shall not include any roofing area designed to weatherize the interior of the structure. "FAMILY". An individual or two or more persons related by blood, marriage or adoption; or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living in a dwelling unit. The Comprehensive Zoning Ordinance of,1992 Page - 34 "AFAR". Floor Area Ratio. "FENCE". A masonry wall or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. The term "Fence" does not include retaining walls. "FLOOD". A general and temporary condition of partial or complete inundation, by water or mud, of lands not normally inundated and that are used or usable by man. "FLOOD. FIFTY-YEAR". A flood having an average frequency of occurrence of once in fifty (50) years although such flood may occur in any year. A fifty-year flood is determined by statistical analysis of stream flow records, and rainfall and run-off characteristics in the watershed. "FLOOD. INTERMEDIATE REGIONAL". A flood having an average frequency of occurrence of once every one hundred (100) years although such flood may occur in any year. An intermediate regional flood is determined by statistical analysis of stream flow records, and rainfall and run-off characteristics in the watershed. "FLOODPLAIN". Land which has a history of flood or is subject to recurrent flooding as determined by the U.S. Army Corps of Engineers or the Town of Westlake. "FLOOR AREA". The sum total of the area of all floors of all buildings on the unified development site measured between the outer perimeter walls of the buildings, provided that space in a building or structure used for parking of motor vehicles shall not be computed in the floor area. Courts or balconies open to the sky and roofs which are utilized for recreation, etc. shall not be counted in the floor area but shall be part of the recreation space. "FLOOR AREA RATIO". The ratio of the sum total floor area to the net land area. The ratio is computed by dividing the floor area by the land area and multiplying by one hundred (100) to read as a percentage. "FRONTAGE". All the property abutting on one (1) side of a street between two (2) intersecting streets, measured along the street line. "GARAGE. PRIVATE". An accessory building, either attached or detached, designed or used for storage of not more than three motor vehicles or trailers in residential districts. Such vehicles must be owned and used by occupants of the buildings to which it is accessory. The Comprehensive Zoning Ordinance of 1992 Page - 35 "GRADE". The average level of the finished surface of the ground adjoining a building. "GROSS FLOOR AREA". When applied to a building, the area in square feet measured by taking outside dimensions of the building at each floor, excluding however, the floor area of basements or attics when not occupied or used and any areas within the building used for off-street parking. "HOME OCCUPATION". Any occupation or activity which is clearly incidental and secondary to the use of premises for dwelling purposes, is carried on within the dwelling, and is not detrimental or injurious to the economic or aesthetic value of adjoining property. "HOSPITAL". An institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X- ray, nursing, and the prolonged medical care of bed patients. "HOTEL". One (1) or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a motel. "LANDOWNER". The term "landowner" shall include any person having the right of possession of real property. If that person is a corporate entity, the term "landowner" includes the executive officer of the corporation. The term "owner" may be used interchangeably herein with the term "landowner" when it refers to the right of possession of real property. "LOT". Land occupied or to be occupied by a building and its accessory buildings and including such open spaces as are required under this ordinance and having its principal frontage upon a public street or officially approved place. Lot includes the words "Plot", "Parcel", and "Premises". "LOT AREA". That area of a horizontal plane bounded by the front, side and rear lot lines of a building lot, including any portion of an easement which may exist within such property lines, exclusive of rights-of-way for street purposes. "LOT, CORNER". A building lot situated at the intersection of two streets, the interior angle of such intersection not exceeding one hundred thirty five (135) degrees. "LOT DEPTH". The length of a line connecting the mid -point of the front and rear lot lines. "LOT. DOUBLE FRONTAGE". A building lot not a corner lot which adjoins two streets which are opposite each other and The Comprehensive Zoning Ordinance of 1992 Page - 36 which are parallel or within forty-five (45) degrees of being parallel to each other. On a double frontage lot, both street lines shall be deemed front lot lines, except as otherwise provided herein. "LOT.INTERIOR". A building lot other than a corner lot. "LOT LINE". A boundary of a building lot. "LOT LINE. FRONT". That boundary of a building lot which is the line of an existing or dedicated street. The owner of a corner lot may select either street as the front lot line. "LOT LINE, SIDE". That boundary of a building lot which is not a front lot line and not a rear lot line. "LOT LINE. REAR". That boundary of a building lot which is most distant from the front lot line and which is most nearly parallel with the front lot line. "LOT OF RECORD". An area of land designated as a lot on a plat of a subdivision recorded pursuant to statute with the County Clerk of Tarrant County or Denton County, Texas. "LOT. REVERSE CORNER". A corner lot, the rear lot line of which abuts the side lot line of the lot to its rear. "LOT WIDTH". The length of a line, drawn perpendicular to the lot depth line at its point of intersection with the front yard line, connecting the side lot lines. "MAINTAIN". To allow to continue or exist. "MAINTENANCE". The act of periodic repair. "MASONRY CONSTRUCTION". Masonry Construction includes exterior walls constructed of brick, stone, cast stone, concrete, glass block or other approved masonry materials and shall be constructed in accordance with the Westlake Building Code, but in no case shall brick be less than three inches in thickness nor shall stone, concrete, concrete block or other approved masonry be less than three and five-eighths inches in thickness when applied as a veneer. Non-Masonry shall mean an exterior material other than masonry and shall be of a quality as herein specified or its equivalent: Textured Surface Plywood shall be manufactured according to specialty sidings with special surface treatment such as V-groove, channel groove, striated, brushed, rough sawn, and shall comply with The Comprehensive Zoning Ordinance of 1992 Page - 37 specifications for 303 specialty siding, as published by the American Plywood Association. The grade mark shall identify the species group, the allowable stud spacing, and shall be that of a recognized testing agency acceptable to the Town of Westlake. Other Plywood shall be a minimum of 3/8 inches thick and shall be grade marked as exterior type and as medium density overlay siding as manufactured under U.S. Product Standard PS -1-66. Grade mark shall identify the species group and shall be that of a recognized testing agency acceptable to the Town of Westlake. Hardboard shall be a minimum of 3/8 inch thick and shall be of a rack, impact, and a painting surface quality equivalent to 3/8 inch masonite exterior siding, back -sealed and face -primed on both sides. Hardboard shall conform to commercial standard CS -251-63 for hardboard, and shall be identified as to classification. Other materials. The Town Engineer is authorized to permit the use of materials other than those specifically named above, when proven to him to be equivalent and provided they comply with the Westlake Building Code. Equivalency shall be based on the structural qualities of the material, using testing procedures set forth in American Society for Testing and Materials Standard Methods of Conducting Strength Tests of Panels for Building Construction, E-72. At least three 81x8'racking specimens shall be tested. Average minimum load shall be at least 5,200 pounds. At a load of 1,200 pounds, the average total deflection shall be not more than 0.211, and residual deflection not more than 0.111. At a load of 2,400 pounds, the average total deflection shall not be more than 0.611, and residual deflection not more than 0.311. The average of three specimens subjected to impact loads as prescribed in E-72, shall sustain a drop height of 20" or more. Equivalency shall also be based upon surface finishing and shall be as durable as 303 siding stained surfaces as that of painted medium density overlay surfaces. All finishes shall be applied as recommended by the manufacturer. Plywood commonly known as AC plywood will be prohibited for exterior use. Particle board will be classified as plywood and will be required to meet the equivalency tests for wood. "MOTEL". A building or group buildings designed, arranged or used for temporary occupancy having accommodations for The Comprehensive Zoning Ordinance of 1992 Page - 38 housing or parking of automobiles in close proximity to the quarters occupied by the owner of such automobile and providing for five or more such quarters. The term "Motel" shall include all establishments coming under the general classification of "Drive -In Hotel", "Tourist Court", and any other such establishment that houses visiting transient clientele. "NONCONFORMING USE". Any use of land which was lawfully in existence, and/or occupied at the time the regulation is prescribed in the ordinance or an amendment thereto becomes effective and does not then meet the requirements of said regulations. "OPEN SPACE COMMON OPEN SPACE PERMANENT OPEN SPACE". Open Space is that land area which is relatively free of man-made structures, where water bodies, land forms, and vegetation predominate; Common Open Space is that open space which is owned, used, or operated and maintained for the common benefit of the inhabitants of a development; Permanent Open Space is that open space land which is legally restricted to park, flood plain, or other open space usage; or which is publicly owned and utilized as open space. "OPEN SPACE PLAN". The Town's Open Space Plan, as adopted by the Board of Aldermen, and as amended from time to time. "PARKING SPACE". A surfaced area, enclosed or unenclosed sufficient in size to store one automobile, with a surfaced driveway connecting the parking space with the street or alley, and permitting ingress and egress of an automobile. "PLACE". An open, unoccupied area, other than a street, including a court, arcade, mall, or parking area that is permanently reserved as the principal means of access to all or any part of any buildings or structures situated on the same lot. "RECREATIONAL AREA". An area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubhouses, and other similar uses. "RIGHT-OF-WAY". A publicly owned strip of land, 50 feet or more in width between property lines, which provides or is intended to provide public vehicular and/or pedestrian traffic. "SECONDARY USE". A collateral use of land or buildings, which is customarily done or performed in conjunction with a permitted principal use, but not constituting a majority of The Comprehensive Zoning Ordinance of 1992 Page - 39 either the employment, area or revenues of the combined uses. "SET -BACK". The distances from structures to right-of-way and/or lot lines. "STORY". That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above. "STORY. HALF". A story under a gable, hip or gambrel roof, the wall plates of which are on at least two exterior walls not more than two feet above the floor of such story. "STREET". Any public thoroughfare dedicated to the public use and not designated as an alley or officially approved place. "STRUCTURE". Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground including, but not limited to, buildings, walls, fences, swimming pools, radio towers, and porches, but not including driveways, sidewalks, or other facilities, the sole purpose of which is to provide customary access to any structure. "STRUCTURAL ALTERATIONS". Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial changes in the roofs or exterior walls. "TOWN". The Town of Westlake. "TOWN ENGINEER" is the person appointed by the Board of Aldermen to perform the functions of Chief Building Official and/or engineer for the Town. "TOWN PLANNER" is the person appointed by the Board of Aldermen to be the chief planning officer of the Town. Where the term is used in this Code, it will include the Town Planner's designee. "USE". When applied to land or buildings, the purpose or activity for which such land or building thereon is designed, arranged or intended, or for which it is occupied or maintained. "VARIANCE". An adjustment in the application of the specific regulations of this title to a particular piece of property, which property because of special circumstances uniquely applicable to it is deprived of privileges commonly enjoyed The Comprehensive Zoning Ordinance of 1992 Page - 40 by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges. "YARD". An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this ordinance. "YARD FRONT". A yard extending along the whole length of the front lot line between the side lot lines and being the minimum horizontal distance between the street right-of-way line and main building or any projections thereof other than steps and unenclosed porches. "YARD REAR". A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, or unenclosed porches. "YARD SIDE". A yard extending along the side lot from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof and the side lot line. "ZONING DISTRICT MAP". The "Zoning District Map" is the map or maps incorporated into this ordinance as a part hereof by reference thereto. ARTICLE VI. - APPLICABILITY OF EXISTING REGULATIONS AND NON-CONFORMANCE All existing unexpired, valid building permits, approved plats, and site plans which are complete and duly filed prior to the enactment of this Ordinance in accordance with development regulations in effect prior to this Ordinance shall be processed under procedures previously established notwithstanding the adoption of this ordinance. Any land use approved and permitted under Ordinance No. 49, as amended, which is not permitted under this ordinance, shall not be considered non -conforming as a result of the adoption of this Ordinance and will be deemed legal and conforming unless such use is abandoned, destroyed, or damaged by fire or other causes to the extent of more than fifty (50) percent. Those site plans which were reviewed and approved by the Planning and Zoning Commission and the Board of Aldermen prior to the adoption of this Ordinance shall be exempt from meeting any new requirements after the adoption of this Ordinance. The Comprehensive Zoning Ordinance of 1992 Page - 41 ARTICLE VII. - PENALTY That the violation of any provision of this Ordinance shall be deemed an offense punishable by a fine not to exceed Two Thousand Dollars ($2,000.00), and each violation thereof shall be and is hereby deemed to be a distinct and separate offense and punished as such. ARTICLE VIII. - SEVERABILITY It is hereby declared to be the intention of the Town that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance since the same would have been enacted by the Town Board without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. All Ordinances or parts of Ordinances in conflict with this Ordinance or any part thereof are hereby repealed. ARTICLE X. - EFFECTIVE DATE This ordinance shall become effective immediately upon its passage, and it is accordingly so ordained. PASSED AND APPROVED this the day of%lraf�G'� A.D., 1992. LE L. 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