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HomeMy WebLinkAboutOrdinance No. 311 ORDINANCE NO. ~O,~ / / AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, SAME BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY ADDING A NEW ZONING DISTRICT TO THE LIST OF ZONING DISTRICTS; AMENDING EXISTING DEFINITIONS AND ADDING A NEW DEFINITION FOR BUSINESS PARK DISTRICT; BY AMEND- ING THE SCHEDULE OF USES TO INCORPORATE THE BUSINESS PARK ZONING DISTRICT AND TO ELIMINATE THE CUMULATIVE CONCEPT OF ALLOWABLE PRINCIPAL AND ACCESSORY USES IN ZONING DISTRICTS PROVIDING FOR THE DEFINITION OF FLOOR AREA RATIO; PROVIDING FOR THE APPLICABILITY OF FLOOR AREA RATIO TO THE BUSINESS PARK ZONING DIS- TRICT AND FOR THE APPLICATION OF A LOCATION FACTOR; PROVIDING SETBACK REGULATIONS; PROVIDING FOR A DEN- SITY BONUS APPLICATION; PROVIDING PARKING REGULATION AMENDMENTS; PROVIDING SPECIAL OFF-STREET LOADING REGULATIONS; PROVIDING FOR A DEVELOPMENT PLAN AND FOR LANDSCAPED OPEN SPACE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EMERGENCY CLAUSE. WHEREAS, the Planning and Zoning Commission of the City of The Colony, and the City Council of the City of The Colony, in compliance with the laws of the State of Texas and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony, have given the requisite notices by publication and otherwise and have held public hearings and afforded a full and fair hearing to al} persons interested, and after such hearings, the governing body of the City of The Colony is of the opinion, after receipt of the Planning and Zoning Commissions recommendation, that the City's. Basic Zoning Ordi- nance should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, same being Appendix A of the Code of Ordinances of the City of The Colony, be, and the same is hereby, amended as hereinafter noted. SECTION 2. Section 3-100 is hereby amended to add a new Zoning District as follows: "Abbreviated Designation Zoning District Name BP Business Park Ail other provisions, sections, and portions of Section 3-100 shall remain intact and are not amended." SECTION 3. Section 4-100 is hereby amended by revising various subsections to read as follows: "(4-104) MF-1 and MF-2, Multiple Family Dwelling Districts: These districts are composed of areas containing multiple-family dwellings and certain uniformly developed multiple-family dwelling sections. The MF-1 and MF-2 districts are medium density districts and are located in certain areas close in to the center of the city and at various outlying locations. The area regulations are designed to protect the residential character and to prevent the overcrowding of the land in the MF-1 and MF-2 districts by providing minimum standards for building spacing, yards, off-street parking and coverage. All commercial and office uses are prohibited in the MF-1 and MF-2 districts. It is anticipated that additional areas may be designated in the MF-1 and MF-2 district from time to time in the future where such change is appropriate and access and utility services can reasonably accomodate such medium density dwellings. (4-106) MH, Mobile Home District: The mobile home or house trailer is recognized as a specific form of housing for which accomodations should be provided. To create appropriate standards as to density, spacing, and use, a separate district is created and designated for the specific purpose of providing at appropriate locations, area for the development of mobile home parks, courts, or subdivisions. The standards for commercial mobile home development for transient occupancy differ from those of a mobile home subdivision where more or less permanent occupancy is anticipated. (4-113) I, Industrial Districts: Industrial development particularly of the distribution and light processing types represent a desirable economic goal for the economic base of The Colony. The rapidly changing variety of industry and the development of modern technology make it appropriate and desirable to provide for standards of industrial performance rather than to attempt to categorize industrial uses by name° Performance standards covering noise, smoke, particulate matter and other air contami- nants, odorous matter, fire and explosive hazard, glare and vibration are specified for the industrial district. The I District area provisions are, however, applicable to the modern industrial district developments, several of which have come into being in recent years. All types of housing development other than that for caretakers or watchmen are excluded from the I District. It is the intent of such provision to protect the industrial land of the City of The Colony from the adverse effect of unregulated residential en- croachment and to facilitate the proper and adequate provision of transportation, schools, parks and other public requirements, provided that all single-family residential dwellings exist in the I." Section 4-100 is hereby amended by adding a new subsection (4-117) to read as follows: "(4-117) BP, Business Park District: Business park development of the type including high-rise office buildings, clean manufacturing and processing, and related support facilities such as retail establishments within a building, parking garages and restaurants, is a desirable economic goal for The Colony and demands certain special requirements to insure development of high quality, while protecting non-commercial areas bordering it. Such uses cannot always be developed most effectively under other zoning district requirements. This district will allow modern business park development and the necessary support establishments to exist in close proximity to each other, usually, but not necessarily along major highways and thoroughfares". Ail other provisions, sections and portions of Section 4-100 shall remain intact and are not amended. SECTION 4. Section 10-200 Schedule of Uses shall be amended per the attached revised and amended schedule of uses that is attached as Exhibit "A". Ail other provisions~ sections and portions of Section 10-200 shall remain intact and are not amended. SECTION 5. Section 10-301 Definitions and Explanations Aplicable to Use Schedule shall be amended by revising paragraphs (1), (16), (33), (147), (148), and (174), and by adding definitions (186), (187), (188), (189), (190), (191), (192), (193), (194), (195), (196), (197), (198), (199), (200), and (201) as set out in Exhibit -2- "B" and amended by adding Section 10-2100 Business Park District, to include the definitions, floor area ratio, setback requirements, density bonus application, development plan, and landscaped open space sections as set out in attached Exhibit "C". Ail other provisions, sections and portions of Section 10-301 shall remain intact and are not amended. SECTION 6. Section (12-101) dealing with Height Regulations in various zoning districts is hereby amended to include the following: "(17) Business Park District - limited only by the maximum height for structures established by the Federal Aviation Administration (FAA)." All other provisions, sections and portions of Section 12-101 shall remain intact and are not amended. SECTION 7. Section 13-100 dealing with parking regulations is hereby ~mended to require "paved" parking in the required amounts per sections (13- 101), (13-102), (13-103) and (13-104) by adding a new paragraph at the end of 13- 100 as follows: "Ail parking areas shall be paved in accordance with applicable city standards for paved parking lots except for property used by the City." All other provisions, sections and portions of Section 13-100 shall remain intact and are not amended. SECTION 8. Sections 13-102 dealing with parking regulations for various uses is hereby amended to read as per the attached "Parking Regulations", Exhibit "D". All other provisions, sections and portions of Section 13-102 shall remain intact and are not amended. SECTION 9. Section 13-103 dealing with special off-street parking regulations is hereby amended to read as per the attached '~peeial Off-Street Park!n.g Regulations Where Applicable per 13-103", Exhibit "E". All other provisions, sections and portions of Section 13-103 shall remain intact and are not amended. SECTION 10. Section 14-100 dealing with off-street loading regulations is hereby amended to read as per the attached "Off-Street Loading Regulations", Exhibit "F". All other provisions, sections and portions of Section 14-100 ~hall remain intact and are not amended. SECTION 11. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 12.Should any section, paragraph, sentence or clause of this ordinance be held or determined to be unconstitutional or invalid for any reason, such declaration shall not affect the remaining portions of this ordinance or the amendments enacted hereby, and the same are declared to be severable. SECTION 13. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of public business, property, health, safety, and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED this ~L~ day of'~~, 1984. -y r,//City 6i'-The ~olony, Tex~ -3- ATTEST: ~~ [SEAL] ~ APPROVED AS TO FORM: City Attorney -4- SCHEDULE OF USES BY THE DISTRICT T~pe of Use ~3~ Airport or Landing Pleld L22 Amusement Commercial (outside) [23 Amusement Commercial (inside) 67 Animal Clinic or Hospital (without outside runs) 68 ~nimal Clinic or Hospital (with outside runs). 69 Animal Pound (public or private) i00 Antique Shop 15 Apartment Accessory Uses Appllance Sales Service (inside display) 80 Art Needlework 49 Auto Auction Auto Glass, Muffler and/or Seat Cover Shop 48 Auto Sales S Service (outside display) 47 Auto Sales & Service (inside dlspley) .51 Auto Painting or Body Rebuildin$ Shop (inside) .45 Auto Parts & Accessory Sales (inside only) .46 Auto Parts & Accessory Sales (outside dlsplay) -50 Auto Repair Garage (inside) B .02 Bakery or Confectionary Shop (retail) 57 Bank/Savings & Loan Office Bar~ Lounge or Tavern 81 Barber & Beauty Shop Beverage Store Bicycle Sales & Service (inside) .90 Boat Auction Boat Glass, Muffler and/or Seat Cover Shop -92 Boat Sales & Service (outside display) L93 Boat Sales & Service (inside dlsplay) (Bl~nk)-Permltted Use, (L)-Limited Use Only, (N)-Pr~hibited Use, (S)-Speclflc Use Permit- .. Required EXHIBIT "A" SCHEDULE OF USES'BY OISTRICT · ~ C~ntinued S T M F D 11 1 2 H D A P 1 2 S C R C C i p t9& Boat Painting or Body Rebuilding -- Shop (inside) N N N N N N N N N N N N' S S '.95 Boat Parts & Accessory Sales N (inside only) N N ,96 Boat Parts & Accessory Sales N N N N N N N N' N N N N S S, S S S (outside display) .97 Boat Repair Garage (inside)- N N N' N N N N N N N N S S S (excludlng body work) 82 Book, Handcraft, Binding N N N N N N N, N N N: N 03 Book & Stationery Store/Kwik Copy N N: N N N~ N N N L L _62 Brickyard & Similar Building N N N N N N N N N N N N N N N Materiel sales ~85 Buildlns Mover, Temporary Storage ,N N N N N N N N N N[ N N N N N N S N .35 Bus Station & Terminal N N N N N N N N N N N N S S .52 Bus or Truck Parking or Garage N N N N N N N N N N N~ N N N S C 83 Cabinet & Woodworking Shop, Custom N N N N N N N N N N N N N S 43 Car Wash & Auto Laundry N N N N N N N N N N N N .24 Carnival or Circus S S 56 Catering Services N N] N N N N N N N N N .04 Camera Shop N N N L L I N N N L L 30 Cemetery or Mausoleum S I S S S S S S N S: S S S S S ' 29 Church S S N SSSsss N S 05 Cigar, Tobacco & Candy Store N N N L !L N N N L L 85 Cieaning Shop, Commercial N N N N N N, N N N N N N S 84 Cleaning Shop, Small Custom N N N N N N N N N N S 58 Clinic: Medical, Dental or Optical N N N N N N N N ~63 Clothing Manufacturing & Similar N N N N N[ N N N N N N N N S Light Manufacturing Assembly [ .06 Clothing Store N N.N N N N N N N N N 26 Club, Private; Lodge or Faternal N N N S S N N N S S S S S S S S Organization 38 College Dormitory S S S S S N S N. S 'S S S 'S S S S N 37 College Fraternity or Sorority S S S S S N S N S S S S S S iS S N 32 College/University/Seminary S S S ~S S S S N S S S S S S S S N 21 Conenercial Radio/TV Transmitting Stn. N N N N N I N S N 9 Community Center (private) S S S S S I N 5 Community Unit Development IN N N N N N N :N N N N N N N N (Bl~nk)-Permltted U,'-, (L)-Limited Use Only, (N)-Pr~hibited Use, (S)-Specific Use Permit- Required $CHEDI~E OF DSES 8Y DISTRICT ~ C6ntlnued 48 Community Welfare/Realth Center 31 Convent or Monastery Custom Sevlng & Mi11inery 125 Country Club, Private Hembershlp 178 Contractor or Maintenance Yard t84 Concrete or Asphalt & BaCchlng Plant (permanent) D 36 Day Camp 33 Day Nursery/Day Care Center i53 Drag Strip, Go Cart Track or Commerclal Racing 107 Drug Store or Pharmacy 2 Duplex I14 Dupllcatlon Shop E 57 Eating Place W/Drive-in Service 52 Eatln& Place W/Drive-Thru Service 53 Eating Place W/Beer, Wine/Liquor Es:lng Place W/Dancing or Entertainment 17 Electric Substation 18 Electrlcal Energy Gen. Plant 154 Engine or Motor Repair Shop F 70 Farm or Ranch 227 Fairgrounds [08 Feed Store (Livestock) (No Mill) [64 Fix-It Shop, Radio, TV & Appliance Repair [10 Florist Shop [01 Food Store, Retail Sale 34 Foster Home Furniture Repair S~ore .11 Furniture Store (Ney) (El.ank)-Permitted 1',:.-, (L)-Limited Use Only, (N)-Prohibtted Use, (S)--Specif~c Use Permit- Required SCHEDULE OF US£S BY DISTRICT G ~S T M H H P Oi G R $ G L Il -- ! F D H 1 2 H D A P 1[ 2 5 C R C C I P 71 Garden Shop & Plant Sales, Display Ni N N Ni N N S N N[ N or Greenhouse .28 Golf Course Si S S S~ S S N H N N N N N N N 88 Hand Weaving N N H N N N N N H 87 Handcraft, Ceramic Sculpture or N N N N N N N N N Similar Art Work ~12 Hardware and/or Sporting Goods Store N N N N N N N N N 72 Hatchery & Breeding Operation N N N N N N S S S S ! S S S S S !36 Hauling & Storage Company N N N N N N N N N N[ N N N N 89 Health Studio N N N L L N N N L Lt N '_37 Helicopter Base N N N N ~38 Heliport N N N N N N S N N N N N [39 Helistop N N N N N N L13 Hobby Shop, Art Supply Store N N N N N N N N S S 44 Home for Aged, Residence N N N S S N S N S S S S 14 Home Occupation N N N N N N N N N I , 175 Home Repair & Maintenance Shop N N N N I N N IN N N N N S ' 40 Hospital N N N S ~ S N ~ S N 8 Hotel or Motel N N N N N N !N N , N iN N ] N N 39 Institution for Care of Alcoholic, N N N S S N S N S S S S S S S S Narc./Psy¢. Patient 41 Institution of a Religious, N N N S S N S N Charitable or Philanthropic Nature 166 Job Printing, Lithographer, N N N N M N N N N N N N Printing or Blueprinting Plant 160 Junk or Salvage Yard N N N N N N N N N N N N N N iN S K 79 Kennel With outside Runs N N N N N N S S S S S S S S S S 90 Key Shop N N N N N IN N N N N 167 Laboratory, Manufacturing N N N N. N IN N N :N N .N N N N S S 59 Laboratory, Medical, Dental or Optical N N N N N 6O Laboratory, Scientific Testing/Prec. N N N N N {N N N 'S S S S S S S S 92 Laundry or Dry Cleaning, Commercial N N N N N[N N N N N S S 91 Laundry Dry Cleaning, Self-Service N N N L L IL N N N N or (Blank)-Permitted i':e, (L)-Limited Use Only, (N)-Pr'ohibited Use, (S)-Speclflc Use Permit- ............. Requ~ red' SCHEDULE OF U~ES ~Y DISTRICT · .~ C6ntinued Laundry or Dry Cleaning, Pick-up & Receiving Station L68 Light Fabrication & Assembly P~ocesses 73 Livestock Auction Pens/Sheds 42 Library, Art Gallery/Museum 6 Lodging or Boarding L69 Lumber Yard M L55 Machinery Sales & Service Machine or Welding Shop 61 Medical Appllance Fittlng/Sales Monument Sales Yard 62 Mortuary or Funeral Hume ~40 Motor Freight Terminal .86 Motorscooter or Motorcycle Sales & Service (inside) .87 Motorscooter or Motorcycle Sales & Service (outside) 4 Multiple Family -$8 Municipal Complex N 43 Nursing Home/Convalescent Home 0 63 Office, General 64 Optical Shop 16 Outside Sales P 15 Paint & Wallpaper Store .57 Parking, Co~nerclal Lot/Garage 29 Park or Playground, Public 10 Parking, Required off-street .61 Parking, Surface 16 Pawn Shop 74 Pet Shop 73 Petroleum Products, Stg/Whlsl. 94 Photography Studio 74 Plumbing, Electrlcal, A/C, Heating Shops (inside only) (Bl~nk)-Permltted Use, (L)-Limited Use Only, (N)-Pr~hibited Use, (S)-Speclfic Use Permit- Required SCHEDULE OF USES BY DISTRICT P ~ontinued 196 Plumbing, Electrical, A/C & Heating Shops (outside StOrage) 28 Postofflce 55 Private Club S/Dining and/or Bar Service Private School, Kindergarten or Institution for Speclal Ed. 182 Processing or Industrial Uses Not Elsewhere Listed To Be Regulated By Performance Standards R 20 Radio, TV Or Microwave Towers 142 Railroad Team Track 141 Railroad Terminal (Passengers or Freight) 130 Recreation Club or Area, Private 119 Retail Stores & Shop, Other than listed 131 Rodeo 49 Rectory S 176 Salvage &Recl. (in building) 178 Sand, Gravel or Earth, Sales & Storage 179 Sanitary Landfill 45 School, Business 46 School, Commercial, Trade/Craft 47 School, Public Denominational 117 Second Hand Store, Used Furniture or Ruramage Shop (no outside display) 158 Service Station (motor vehicle fuel) 22 Sewage Pumping Station 23 Sewage Treatment Plant 95 Shoe Repair 1 Single Family 75 Stable (Cotmnerclal) 11 Stable (Private) 159 Steam Cleaning, Veh./Machinery 180 Stone, Sand/Gravel Extraction (Blank)-Permitted Use, (L)-Limited Use Only, (N)-P,ohlbited Use, ($)-~pcclfic Use Permit- SCHEDULE OF USES L~Y F D ~ I 2 H D~_A P l~ S C R C ~ Storage, Open (no visual screen) N N Ii Ii N ~ N N N N N N ~ Ii 172 Storage, Open (visual screen) Ii ~ N N 12 S~i~int Pool, prlvaCe N 118 S~i~ini Pool, Sales 6 Supply N N N N N N N N N N~ [ 65 Studio: Ar~, Huslc, Cermics, Dr~a N N N S S S S Speech) Dance or Similar Skills 66 S~udio, Broadcasting, and/or Recording N N N N N T 96 Tailor N N N N N N N N [ 97 Taxidermist N: N N N N N N N N N 2~ Tel. Exchan~e/~itchln~/Xran~i~ti~ S S S S S S N ~ [ 13 Temp. Field or Coast. Office 120 Tool & Equlpmen~ Rental N[ N N N N N N N N N N (inside display o~ly)[ N~ 121 Tool & Equi.enK Rental N N N N (wi~h outside d~splay) 3 Townhouse N. N N N N N N[ N N N N 132 ~eaCer~ Drive-in type N~ N N N N N N N N N[ N N N 133 ~eaCer, NoC Drive-in type Ni N N N N N N N N N 98 Travel Bureau N{ N N N N N N N 7 Trailer Court, ~ Park & Camptround N[ N N N N N N N N, N N N N U , - 99 Uphols~e~ Shop N N N N N N N N N, N' N N 19 Utilities, Local S S S S S S N 25 Utilities, (Pub./Priv.)Govt. Instl. SI S S S S S N 76 Ve~erlnarian's Office (no hospital) N N N N N; N N N N S 201 Video Arcades N N N N N N W 26 Water Res., Will or P~ping S~a~ion S S S S 27 Water Treatment Plant N N N N N[ N N N N N N N N N 181 Warehouse N N N N [8lA Warehouse, Mini N N N N N} N N N: N N N N 77 Zoo, Co~erclal N N N N N 78 Zoo, Public N N N N N N (Bl~nk)-Permi=te.~ '~e, (L' Limited Use Only~ (N)-P~ohlbi=ed Use, (S)-S~ec{[ic Use Pe~it-' Required Section 10-301 (1) Single Family: Any number of individuals living together as a single housekeeping unit in which not more than two individuals are unreleated by blood, marriage or adoption. Foster children under the age of 19 shall be considered as being related to their foster parent or parents. All such structures shall be detached in an SF District. (16) Occasional Sa]es: (Garage sales, including patio and estate sales) Sales ~f tangible persona] property at retail, not to exceed two (2) in number during any twelve-month period, by a person who does not hold himself out as engaging or does not habitually engage in the business of selling such tangible personal property at retail; provided that (1) tangible personal property shall be sold only on the premises of owner or lessee of the property where the sale is conducted and said owner or lessee must be the legal owner of such tangible personal property at the time of such sale; (2) the sale shall be confined to the garage or patio on such premises; (3) no new merchandise (i.e., merchandise acquired solely for the purpose of resale) shall be sold at such occasional sale; and (4) the duration of each such sale shall not exceed five (5) consecutive calendar days. Any sign must be in compliance with Sign Ordinance, Article II, Section 6-62. Any other signs at any location remote from the sale property are illegal. (147) Automobile, Sales and Service (Inside Display): Facility for display, service and sale of new or used automobiles, recreational vehicles and trailers. No outside display.* (174) Automobile, Sales and Service (Outside Display): Facility for display, service and sale of new or used automobiles, recreational vehicles and trailers, with outside display.* (174) Plumbing, Electrical, Air-Conditioning and Heating Shops (Inside Only): Facility providing supplies, repair, installation and sales of plumbing~ electrical, air-conditioning and heating equipment. No outside storage. (186) Motorscooter and Motorcyle Display, Sales and Service (Inside Only): Facility for display, service and sale of new and used motorscooters and motorcyles. No outs}de display.* (187) Motorscooter and Motorcycle Display, Sales and Service (Outside Display): Facility for display, service and sale of new or used motorscooters and motorcycles with outside display.* (188) Municipal Complex: A building or buildings or property on which city business is transacted or other related city functions can take place. (189) Bicycle Sales and Service (Inside Display): Facility for display, service and sale of new or used bicycles. No outside display.* (190) Boat Auction: Facility for sale of boats to the highest bidder. EXHIBIT "B" (191) Boat Glass, Muffler and/or Seat Cover Shop: Facility for the installation and/or replacement of boat glass, muI'flers and seat covers. (192) Boat Sales and Service (Outside Display): Facilit~ for display, service and sale of new or used boats, with outside display. (193) Boat Sales and Service (Inside Display): Facility. for display, service and sale of new or used boats. No outside display. (194) Boat Painting or Body Rebuilding Shop (Inside): Facility for restoring boat bodies, painting or refinishing. No outside display or repair.* (195) Boat Parts and Accessory Sales (Inside Only): A facilit~v having boat parts, accessories and tools for sale. Inside display only. (196) Boat Parts and Accessory Sales (Outside ' · facili, ty having boat parts, accessories and tools for sale withDIsplay)' A outside display. (197) Boat Repair Garage (Inside): Facility for boat repair, excluding body work. No outside repair or display.* (198) Plumbing, Electrical, Air-Conditioning & Heating Shops (Outside Storage): Facility providing supplies, repair, installation and sales of plumbing, electrical, air-conditioning and heating equipment with outside display. (200) Appliance Sales Service (Inside Display): Household domestic appliance with inside display. (201) Video Arcade: Facility of which the primary use is the operation of coin or token operated amusement or entertainment machines. (This definition has not been officially accepted by the Planning & Zoning Commission, but is expected to be at the next regularly scheduled meeting on April 10, 1984) · Outside storage is not part of this use; outside storage incidential to this use shall be regulated by the Open Storage Uses listed in the Use Table. However, no junk or salvage materials shall be stored outside. Section 10-2100 Business Park District - Special Regu'lations DEFINITIONS 1. Floor Area Ratio (F.A.R.) - Ratio of total floor area of structure to the total area of the site. 2. Floor Area of Structure - The total enclosed floor space measured from the inside face of exterior walls. Rooftop penthouses and mechanical spaces with the clear ceiling heights of five feet zero inches or greater shall be included in the determination of total floor space. Floor area within parking structures, beneath covered parking areas, drive up or drive through areas, carports, and other similar covered portions designated for automobile use space are not included in the total floor area of the structure. 3. Area of Site - The total area of the site within the property lines less area designated as right-of-way for public use. HEIGHT REGULATIONS The height of structures within this district shall be limited only by the maximum height for structures established by the Federal Aviation Administration (FAA). FLOOR AREA RATIO A. The Base Floor Area Ratio (F.A.R.) for all structures within this district shall be a ratio of 4 (four) to 1 (one). Such base F.A.R. is subject to being adjusted by applying the Location Factor and Density Bonus described below to a maximum of 8 to 1. B. The Location Factor shall be estimated on all property located within 1000 feet of property zoned S.F. or D by the City of the Colony at the time of Site Plan approval by the City Council upon receipt of a recommendation by the Planning and Zoning Com- mission. The Base F.A.R. mnltiplied by the Location Factor will result in an adjusted F.A.R. For example: In a B.P. zoned District the Basic F.A.R. of four (4) to one(l) will be multiplied by the location on the Site Plan ~ say .25, and this would result in an adjusted F.A.R. of one (1) to one (1). F.A.R. may be increased by the Density Bonus Application. SETBACK REGULATIONS The minimum setbacks for all structures except signs and landscape features or elements shall be as follows: Setback along major and secondary thoroughfares, minor streets and residential districts. No side or rear yard is required in the Business Park Zoning District except there shall be a minimum yard (front, side or rear) required along all streets classified as major or secondary thoroughfares on the City Thoroughfare Plan; minor streets and residential districts as follows: EXHIBIT "C" Minimum Setback (in feet) Major thoroughfare ...................................................... 25 Secondary thoroughfare ............................................... 20 Minor street ............................................................... 15 Any other residential district, side, rear and front ..... 60 Housing lines on Arbor Glen and Goodman Streets ..... 75 DENSITY BONUS APPLICATION Upon receipt of a completed Density Bonus Application, and re- commendation by the Planning and Zoning Commission, the City Council will consider increasing the F.A.R. in return for inclusion in the development of the amenities described below. In all cases, the City Council shall make the final determination concerning the qualification of each item for inclusion in the Bonus Program, and all such decisions shall be completely at the discretion of the City Council. A. Subgrade Parking. Placing a portion or all of the parking requirement for the development below grade decreases the impact of such parking on the neighboring streets, views and developments and is strongly encouraged. It is recognized that such placement of parking below grade increases substantially the costs to the developer and therefore an increase of up to 25% additional F.A.R. may be rewarded according to the schedule below: Percentage of Parking Allowable Increase Requirement Placed Subgrade in F.A.R. 80% 25% 65% 20% 50% 15% 35% 10% 20% 5% B. Site Planning. Effective use of landscaped open space, and natural landforms, clustering of buildings, mixtures of uses and multiple stories where appropriate to reduce building coverage is en- couraged. Some underground Darking will be appropriate in most cases. This will provide varie{y and interest in the site plan, will protect public view corridors when and where identified as appropriate, will reduce the general massing and commercial appearance of projects as viewed from the public right-of-way, and will screen and otherwise reduce the impact of parking areas. Site plans which accomplish this objective can be awarded a maximum increase in Floor Area Ratio of 10% -2- C. Master Plan Development. The need for a Master Plan Deve- lopment is to guarantee that the main developer of the project from its inception to its total completion is involved and ultimately responsible for the entire project and all of its various phases even though he may not personally develop~]l of the areas under his control. Bonus: 10% maximum. D. Pedestrian Access Plan. The main purpose of this bonus is to allow the builder some imagination in allowing for smooth pedestrian traffic flow with safety, access and visual pleasantries as an integral part of the overall design plan. Bonus: 10% maximum. E. Landscape Plan. Provision of unique landscape design materials, features and amenities as part of an integrated site plan which effectively screens and landscapes the parking lots, provides an attractive setting for the buildings, and preserves natural features and amenities of the site when appropriate is important public policy. It is recognized that these landscape features will require unusually high development costs therefore, to encourage maximum use of high quality landscaped programs, with provision for on- going maintenance irrigation systems, projects meeting the p- rovisions of this policy may be entitled to an increase in F.A.Ro square footage of up to 8%. Design considerations, including plant massing, color, and archi- tectural treatment must be present in design. Where necessary, separating vehicles and pedestrians by such methods as bridges, foot bridges or earthwork is encouraged. A strong commitment to proper installation including mulching and staking of all trees, and a regular maintenance schedule shall be required. BONUS: 8% Maximum 1. Easy maintenance irrigation system: 2% Bonus 2. Greater than minimum plat size: 2% (Decidius Trees-2 1/2" Caliper) (Coniforous Trees-12'-15' min.) Balled and burlapped 3. Ground cover shall be 80% living material 2% 4. Enough plant material to give the overall appearance of an extremely well landscaped project: 2% Bonus F. Views from Major Roads. Views into the City from major roadways in and around the City are of prime concern. The degree to which a developer has recognized the impact his development may have on the appearance of the City from major traffic ways will be acknowledged by an increase in density of up to 8%. G. _Open Spaces. Effective Open Space especially for buffering, preservation of views and accenting of landscaped entrances and -3- pedestrian areas, is encouraged by a bonus of up to 6%. Effective Open Space shall not include paved areas. A minimum effective open space of 15% is required and a bonus of 1/2 of 1% will be awarded for each additional percentage of effective open space provided over the minimum, up to a maximum of 6%. H. Internal Amenities. Internal services of attractions within a development serve to intensify circulation within an immediate area and therefore reduce somewhat traffic intensity at peak movement periods. An increase in density of up to 6% will be allowed for projects which include internal amenities. Amount of increase awarded will be in proportion to the degree to which the amenities reduce traffic intensity and will be related to the general quality of the amenities. I. Offsite Improvements. Offsite improvements made by developer for use of the City may qualify the projects for an increase in density of up to 6%. Such improvements may be made in response to requests made by the City, however, initiative on the part of the developer to anticipate items which will benefit the City is especially encouraged. J. Energy Efficiencv. Efforts by the developer to equip his project with more efficient heating and cooling equipment or more efficient lighting systems is encouraged. Using a standard use of 2._~5 watts per square foot for lighting, and 6 watts, or the equivalent of, per square foot for air conditionin~ and ventilating and heating, the amount of density increase obtained with this bonus shall be determined as follows: Percentage Decrease Percentage Increase In Energy Usage: In Density: 5% 1% 10% 2% 15% 3% 20% 4% 25% or more 5% K. Developer's Option° This bonus is intended to encourage the developer to be creative and innovative in his or her development of a piece of property. A maximum bonus of 6% will be allowed. The City Council shall determine the extent to which the developer is awarded bonus points. Prorated bonuses of 1% to 6% may be recommended by the Planning and Zoning Commission and approved by the Council. The determination of bonus points awarded will be in direct relation to how the developer can answer the following question: "Has the developer been creative and innovative in developing the property so as to enhance the aesthetics of the area?" Bonus: 696 Maximum -4- DEVELOPMENT PLAN AND LANDSCAPED OPEN SPACE A. Development Plan. A development plan including a completed Density Bonus Application, shall be submitted and approved by the Planning and Zoning Commission and City Council for all projects using Business Park Zoning. B. Landscaped Open Space. Landscaped Open space shah be provided as follows: 1) A 16' foot wide landscaped space shall be provided adjacent and parallel to major thoroughfares. 2) A 10' foot wide landscaped space shall be provided adjacent and paralle! to all public street right-of-ways except as required above. 3) Each development site shall provide effective open space equal to 15 (fifteen) percent of the development site. -5- Section 13-102 - Parking Regulations REGULATIONS Parking space schedule; nonresidential uses as contained in Section 13-102 is amended as follows: 17. Restaurant or cafeteria - one (1) space for every fifty (50) square feet of dining area. 20. Storage or warehousing - One (1) space for each one thousand (1,000) square feet to floor area. Miniwarehouses will have one (1) space for each ten thousand (10,000) Sq. feet of total floor area. EXHIBIT "D" Section 13-103 (8) SPECIAL OFF-STREET REGULATIONS Parking garages constructed as an accessory use in the Business Park Zoning District, (if required and comply with requirements in the parking space schedule) shall conform to the following: a. Structurally and architecturally attached to the main building or to the primary use of the premises. b. Location: The parking garage structure shal! be !ocated on the opposite side of principal building designated as the front and being adjacent to the front yard (as contrasted to the side yard or the rear yard); provided however, the parking structure may vary from this requirement if the front elevation has the same architect- ural/design as the principal building. The objective of this regulation is to locate the parking garage structure so that it is not visible from the fronting street or front yard of the principal building. c. Parking garage walls shall be constructed so as to screen a minimum of 40 percent of the vertical space located between the finished floor and the bottom of the floor constructed above. d. Parking requirments for new or unlisted uses as required in section (13-104): 1. Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar use. 2. Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to 13-102, the minimum off-street parking re- quirements shal! be established by the same process provided by 10-1400. EXHIBIT "E" Section 14-100 OFF STREET LOADING REGULATIONS All retail, industrial, and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building as follows: a. Off-street loading space shall consist of a minimum area of ten (10) feet by forty-five (45) feet. b. The number of spaces or berths shall be provided in accordance to the following schedule: Square feet of Gross Minimum Number of Floor Area in Structure Spaces of Berths 0 to 10,000 None 10,000 to 100,000 1 each additional 100,000 1 c. Access or drives to all off-street loading space and berths shall be located on private property, said direct access or drives to a loading space shah be from within the property line of said use. No direct access to a public right-of-way shall be permitted. d. All loading spaces or berth shall be screened with a solid wall so as not to be visible from any public right-of-way or adjacent property, provided however, an opening is said wall is permitted for access. EXHIBIT "F"