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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-2/21/2005 city Of TexaS AGENDA PLANNING AND ZONING COMMISSION Executive Conference Room 3rd Floor of City Hall - 100 Main Street Monday, February 21,2005 WORKSESSION 6:30 P.M. There will be a work session for the Planning and Zoning Commission The purpose of the work session is for the Planning and Zoning Commission to review and discuss the following: 1. PUD Regulations 2. Home Occupation Regulations 3. Set date for next workshop and items for discussion Amy Shelley, Planning and Zoning Assistant Posted: Thursday, February 17,2005,4:30 p.m. .~ Texas PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: February 21,2005 A Review PUD Regulations <6~f.( iS~ Attached is a revised draft copy of the Colleyville Planned Unit Development (PUD) regulations, which incorporates the comments and suggestions offered by the Commission at the January 20,2005 workshop. For reference and comparison purposes, I have also attached a copy of the current PUD regulations. Attachments: Draft PUD regulations Current PUD regulations Draft PUD regulations incorporating Commission comments Section 3-410 PUD Planned Unit Developments A. Purpose - The purpose of a Planned Unit Development (PUD) is to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and to best utilize special site features. This district may also be used to accommodate planned associations of uses developed as integral land use units, including mixed uses, which may be planned, developed and operated either by a single owner or a combination of owners. This district is designed to encourage a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following objectives: 1. Provide for an innovative design of lots or buildings; increase open space areas for recreational or leisure use; enhance landscaping features, such as berms, greenbelts, trees, or by providing enhanced amenities or features that would be of special benefit to the property owners or the community; 2. Protects or preserves natural features, such as trees, creeks, ponds, floodplains, slopes or hills. B. General Development Reauirements - The development requirements for a Planned Unit Development shall be set forth in the ordinance establishing the PUD district and may include uses, density, lot area, lot width, lot depth, front, side and rear yard setbacks, building heights, lot coverage, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing and scheduling, and other design or development regulations recommended by the Planning and Zoning Commission and approved by the City Council. The ordinance creating the Planned Unit Development may establish these requirements specifically in the ordinance or by reference to another zoning district. C. Classification of Planned Unit Developments - The approving ordinance establishing the Planned Unit Development shall include one of the following classifications, which shall also be shown on the Official Zoning Map using the applicable letter symbol. Planned Unit Development Classifications PUD Classification Planned Unit Development- Planned Unit Development - Residential Commercial MaD Svmbol PUD-R PUD-C Primary Uses Allowed a. Dwelling units grouped a. Commercial, offices, into clusters, allowing an professional services, retail appreciable amount of and institutional uses and land for open space. facilities or combinations b. Projects with higher thereof developed in densities than accordance with an overall conventional single family development plan. projects of the same b. Single purpose commercial acreage. or industrial projects that c. Preservation or involve innovative land enhancement of areas utilization. exhibiting environmentally sianificant natural features. D. Permitted Uses - A Planned Unit Development may allow any combination of land uses, or a specific use, or a class of generic uses, such as single family residential, office, retail, commercial or educational facilities. The uses permitted in any Planned Unit Development shall be enumerated in the approving ordinance, which shall be those listed in the Table of Permitted Uses. Additional uses may be permitted and specific uses may be prohibited. The City Council may approve residential development in a non- residential PUD and non-residential development in a residential PUD, provided said ancillary development does not exceed ten percent (10%) of the total gross acreage of the PUD development. E. Prohibited Uses - Uses not expressly permitted in the ordinance approving the Planned Unit Development are prohibited. F. Density - The maximum residential density permitted in any PUD-R district, or in a PUD-C district where 1 residential uses are proposed, shall not exceed 1.8 dwelling units per gross acre. For the purpose of this regulation, the density calculation shall include all residential areas of the project and one-half of any abutting street situated adjacent to the project. This calculation shall exclude all proposed non-residential acreage from the gross acreage. A proposal for a PUD-R or a PUD-C containing a residential density exceeding 1.8 dwelling units per acre may be considered where the amount of open space area provided exceeds the minimum open space requirement or where additional amenities are provided within the open space area. A PUD proposal which contains a density exceeding 1.8 dwelling units per acre shall only be acceptable in an area consistent with sound land use planning, such as a transitional area situated between commercial uses and less dense residential developments, or near a major street intersection, or for smaller parcels with unique topographical features that make less dense development economically difficult. G. Lot Size - Notwithstanding the above paragraph regarding density, the minimum lot size in a PUD-R district shall be 13,000 square feet, with an average lot size of 16,000 square feet. No lot shall have less than 100 feet of width at the building line. The minimum lot size in a PUD-C district shall be stated in the approving ordinance. H. Open Space Reauirements - For all residential uses within a Planned Unit Development, common open space land shall be reserved for the primary use of the occupants of the residential uses. The common open space shall comprise not less than twenty percent (20%) of the gross residential project area. 1. Definition of Common Open Space. For the purpose of this section, common open space is defined as follows: a. Common Open Space may include: i. Land area of the development accessible to and permanently reserved for the common use and enjoyment of the occupants of the project for aesthetic, leisure and recreational purposes ii. Golf courses, parks, and other open greenbelt areas adjacent to the project, which are readily accessible iii. Public school sites, excluding the area devoted to the buildings. iv. Low-impact passive uses include conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow), neighborhood squares, common areas, picnic areas, community gardens, walking trails, bikeways, other kinds of pathways, and similar low- impact passive recreational uses. v. Active recreation uses including recreational playing fields, playgrounds, tennis courts, neighborhood pools, and clubhouse structures. vi. Other spaces as approved by the City Council b. Common Open Space shall not include: i. Land areas reserved for the exclusive use and benefit of an individual owner or tenant. ii. Public or private street right-of-way, parkways, alleys, driveways, parking or loading areas iii. Religious institutions or private school sites. iv. Street medians or islands less than seven thousand five hundred (7,500) square feet in area. 2. Guarantee of Common Open Space. Common open space provided in a PUD-R district shall be guaranteed by a restrictive covenant describing the open space and its uses, maintenance and improvement running with the land for the benefit of the occupants of the PUD-R development. The developer of a PUD-R shall submit a draft copy of the proposed covenants at the time of platting which will ensure the guarantees and, in particular, will provide for restricting the use of common spaces for the designated purposes. The plat shall contain a note stating that the common open space shall be maintained by the home owners association. In order to guarantee the preservation and maintenance of the common open space, one of the following methods shall be required: a. The common open space may be conveyed to the City or other public agency which will agree to maintain the common open space and any buildings, structures or other improvements. 2 b. The common open space may be conveyed to a homeowner's association or property owner's association. The declaration of covenants and restrictions that govern the association shall include, but not be limited to, the following: i. The establishment of the association shall be made before any lot in the development is sold or any building occupied. ii. Membership must be mandatory for each building or property owner and any successive owner. iii. The common open space restrictions shall be permanent. iv. The association shall be totally responsible the maintenance of the common open space and any improvements. v. The association must have the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of the common open space areas. 3. Open Space Design Requirements. a. The developer shall submit a description or plan of amenities to be included in the open space areas. The amenities may include landscaped areas, trees and shrubs, sidewalks and trails, benches, pavilions, and play areas. b. The maximum amount of common open space used for storm water detention or retention purposes shall not exceed fifty percent (50%) of the common open space area. c. If the open space area contains a pond that has a regular water level, the pond shall include at least one (1) aeration device, such as a fountain, waterfall or underwater device. d. Open space areas adjacent to street rights-of-way shall be a minimum depth of twenty-five (25) feet. The open space area shall be landscaped to include the retention or planting of one (1) three (3) inch caliper tree per each fifty (50) feet of street frontage, which may be clustered or distributed within the open space are.. I. Screenina and LandscapinQ - Requirements and standards for screening and landscaping shall be established separately for each Planned Unit Development to address the concerns of adjacent property owners. Areas within any PUD district not used for buildings, roadways, drives, parking areas and other similar features shall be landscaped with grass, shrubs, trees and other appropriate vegetative cover, and such shall be maintained in an aesthetic healthy growing condition. J. Optional Preliminary Plat Submittal - It is the intent of this section that subdivision review may be coordinated with an application for a Planned Unit Development. The applicant may include the submittal of a Preliminary Plat with the PUD application, provided the plat submittal meets all of the requirements specified in Chapter 8 of this Land Development Code for a Preliminary Plat. The review and consideration of the Preliminary Plat may run concurrently with the proposed rezoning change. K. Approval Process a. Application Procedure - An application for a Planned Unit Development shall be submitted using the same procedures used for submittal of a rezoning request. The application shall be processed according to the procedures specified in Chapter One of this Land Development Code. b. Special Submittal and Exhibit Requirements - To facilitate the review and public hearing process, all applications for a Planned Unit Development shall include the following documents and exhibits: i. Application - These forms are furnished by the Administrative Official. ii. Application Fee - No application shall be processed or scheduled for public hearing until the application fee has been paid. iii. Statement of Planning Objectives - The developer shall provide a written statement of planning objectives which describes a narrative description of the character of the proposed development, any proposed development standards, and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc. 3 iv. Legal Description - A written metes and bounds description of the total site area proposed for the Planned Unit Development. v. Development Schedule - The development schedule shall indicate the target dates for the start and completion of the project, including any key dates of phasing of the project. The development schedule, if adopted and approved by the City Council, shall become part of the development plan, which shall be adhered to by the owner, developer and his successors in interest. If upon review by the Administrative Official, the owner or owners of property are failing or have failed to meet the approved schedule, the Planning and Zoning Commission or City Council may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the Official Zoning Map or the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. Upon the recolllmendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case. vi. Drainage Analysis - The Drainage Analysis shall include all or the information stipulated in Chapter 14- Engineering Design Standards of this Land Development Code. vii. Site Plan - The Site Plan, which may be conceptual in nature, shall at a minimum include the following items: (a). Proposed layout, size and dimensions of all residential and non-residential lots (b). Proposed land uses and building locations (c). Height of all non-residential structures (d). Elevation drawings of all non-residential structures (e). Landscaping, lighting, fencing and screening of common areas. (t). General locations of existing tree clusters (g). Location and detail of perimeter fencing (h). Design of ingress and egress with description of any special pavement treatments (i). Calculations and location of off-street parking and loading facilities, if applicable (j). Location and type of all signs, including lighting and heights, for parking lots and common areas. (k). Location and description of subdivision signs and landscaping at entrance areas (I). Street names on all proposed streets Exception: A Planned Unit Development may be submitted and approved without a Concept Plan if in the approving ordinance it is stipulated that no development may occur until a Concept Plan has been approved or the ordinance contains sufficient written detail to establish all site criteria, such as, but not limited to, land uses, building sizes, setback lines, heights, density, screening and landscaping. c. Conditions Related to Approva/- In establishing a Planned Unit Development, each application shall be evaluated by the Planning and Zoning Commission and City Council as to its probable effect on the adjacent property and the community. The Planned Unit Development may be approved or denied as the findings indicate appropriate. The Planning and Zoning Commission may recommend safeguards or conditions of approval to reduce the effect on adjacent or surrounding properties. The City Council may require such development standards and safeguards as recommended by the Planning and Zoning Commission. The Planning and Zoning Commission shall review the following conditions associated with the proposed Planned Unit Development: i. ii. iii. iv. v. vi. vii. hts xi. xii. xiii. xiv. xv. xvi. xvii. 4 lots d. Modification of a PUD requirement - The Planning and Zoning Commission may recommend and the City Council may approve a proposal for a Planned Unit Development that includes a provision which modifies a requirement contained in the Planned Unit Development regulations. Such modified proposal shall only be approved where it has been determined by the Planning and Zoning Commission and the City Council that the modified proposal is in the best interests of the public. e. Amending the Planned Unit Development - Changes to any Planned Unit Development or to its approved Concept Plan shall be processed in the same manner as the original request. However, the administrator of this Code may approve minor modifications in an approved Concept Plan, provided the modifications: i. Do not alter the basic physical relationship of the property to adjacent property; ii. Do not change the permitted land uses; Hi. Do not increase the maximum density, floor area, height; or, iv. Do not reduce the minimum yards or setbacks. L. Ordinance Reauired and Effect on Official Zonina Map - Every Planned Unit Development approved under the provisions of this section shall be considered an amendment to the Land Development Code and Official Zoning Map of the City of Colleyville, Texas. In approving any request for a Planned Unit Development district, the City Council shall, upon recommendation of the Planning and Zoning Commission, incorporate in the approving ordinance reference the approved site plan, supporting documents and include other conditions or restrictions imposed on the project by the Commission, including those of the Council. The approval and adoption of the amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning Map." M. Effect of this Section on Existina Planned Unit Developments - Previously approved PUD amending ordinances to the City's preceding zoning ordinance and Land Development Code, including accompanying plans and supporting documents, shall remain in full force and effect with respect to this Chapter and shall not be made to comply with the provisions of this Chapter. Where a prior ordinance fails to provide adequate information regarding minimum lot sizes, lot width, lot depth, set backs, building heights and maximum lot coverage, the requirements contained in Section 3.24.G shall prevail. 5 Current Colleyville PUD regulations Section 3.23 PUD - R; C; I (Planned Unit Development Districts) 3.23.A PUD-R: PUD-C: AND PUD-I PLANNED UNIT DEVELOPMENT DISTRICTS (R-RESIDENTIAL: C- COMMERCIAL: AND I-INDUSTRIAL The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the PUD-R; C; or I; Planned Unit Development Districts. 3.23.B PURPOSE AND INTENT The purpose and intent of this district is to accommodate planned associations of land uses developed as integral land use units such as: industrial parks; office parks; commercial or service centers; shopping centers; residential development of multiple or mixed housing types (Le., conventional single family detached dwellings, duplexes, multifamily apartments, attached townhouses, condominium multifamily dwellings, cluster homes, "0 - lot line" homes, and patio and atrium homes); and other appropriate and compatible combinations of land uses which may be planned, developed and operated as integral land use units, either by a single owner or combination of owners. This district is designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features. Development controls aimed at assuring the character, compatibility of mixed land uses, and harmonious and timely development of the project are maintained through the establishment of standards specified for various land uses, yards, site coverage by buildings, etc., which are determined by actual design and incorporated into the amending ordinance of the zoning regulations. Likewise, site plans, development schedules, draft restrictive deed covenants and draft property owner association covenants when applicable, are required to be submitted. The Official Zoning Map of the City only identifies those Planned Unit Developments (PUD's) that have been previously approved by the City Council. The map does not forecast the location or type of planned unit developments but assumes that every parcel of land within the community has the potential of being appropriately planned under the regulations set forth herein; therefore, relies on the owner to initiate a petition for zoning change. 3.23.C USE REGULATIONS Land, buildings or structures within any "Planned Unit Development District" may be used for any appropriate combination of principal uses, accessory uses, community facility uses, and special uses permitted in any agricultural, residential, commercial or industrial district within the City; however, the City Planning and Zoning Commission and City Council reserve the right to prohibit and exclude certain uses within any planned district when, in their opinion, the inclusion of certain uses would or could cause or create an adverse impact within or to adjacent development, or be an otherwise inappropriate use within the development or detrimental to persons or property both within or adjacent thereto. For the purposes of these regulations planned unit development districts shall be confined to one of the following designated classifications, and shall be designated on the Official Zoning Map in the following manner using the letter abbreviations of such districts: "PUD-R" - (Planned Unit Development - Residential); "PUD-C" - (Planned Unit Development - Commercial); "PUD-I" - (Planned Unit Development - Industrial). 3.23.D PERMITTED USES 1. "PUD-R" Planned Unit Development: Residential (where the majority of land use is designated for residential purposes) a. Any single purpose or mixed type of residential dwellings, including, but not limited to: detached single family dwellings on conventional subdivision type lots; attached dwellings such as duplexes and townhouses; "cluster housing," patio homes, atrium homes, "0 - lot line" homes (with a maximum of one side wall of the dwelling in common with a side property line), multifamily apartments, flats and condominiums of similar housing types. b. Community Facility Uses, as approved by the City (and when intended to serve the residential development). c. Agricultural Uses, as approved by the City. d. Commercial Uses, when a part of a residential development and as allowed in conformance with the permitted uses and regulations of the "CN - Neighborhood Commercial District;" and limited in total area to not more than (10) acres. Where the number of dwelling units proposed in the "PUD-R" district indicates a need for a greater amount of commercial land acreage than herein allowed, and the applicant desires greater flexibility or more permissive commercial uses than those contained in the "CN" district regulations, the applicant shall substantiate and document the need for such additional acreage and/or uses via a market analysis or other similar method before such additional land acreage or uses are allowed and approved by the City. e. Special Exception Uses, as designated for the various residential and commercial zoning districts in the "ML - Light Manufacturing and Industrial District", may be allowed by the Commission and Council by right, within a "PUD-R" district, without review and approval by the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and locations thereof shall be shown on the site plan and contained in the supporting documents herein required. f. Accessory Uses, customarily incidental and secondary to any allowed principal uses allowed in the respective residential districts or commercial district, with respect to the type of residential or nonresidential uses proposed in the "PUD-R" district. 2. "PUD-C" Planned Unit Development - Commercial (where the majority of land use is designated for commercial purposes) a. Shopping centers, commercial or service centers, office parks, major recreational and entertainment facilities, and other similar business and commercial centers or facilities when such uses are in conformance with the various commercial zoning district regulations of this Chapter. Residential uses similar to those set forth in the "RMF - Multifamily Residential District. " b. Community Facility Uses, as approved and allowed by the City. c. Special Exception Uses, as designated for the various commercial zoning .districts in the "ML - Light Manufacturing and Industrial District" may be allowed by right by the Commission and Council within a "PUD-C" district without review and approval by the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and locations thereof shall be shown on the site plan and contained in the supporting documents herein required. d. Accessory Uses, customarily incidental and secondary to any allowed principal uses with respect to the type of uses proposed in the "PUD-C" district. 3. "PUD-I" Planned Unit Development - Industrial (where the majority of land use is designated for industrial purposes) a. Single or multi-purpose industrial parks of innovative land utilization allowing for an appreciable amount of land reserved for open space, generous building setbacks with landscaped front lawns, and joint usage (where feasible) of parking and storage areas. The principal uses which may be permitted therein shall be as allowed and in conformance with the regulations established for the various commercial and industrial zoning districts elsewhere described in this Chapter. b. Residential Uses, similar to those set forth in the "RMF - Multifamily Residential District." c. Community Facility Uses, as allowed and when a part of an industrial or industrial- commercial development, as approved by the City; except that public and semi-public schools, churches, temples, synagogues and other places of worship are discouraged in this district unless their locations are approved by the City Planning Commission and City Council due to an overriding need for such use in an industrial area. d. Special Exception Uses, as designated for the various industrial zoning districts in the "ML - Light Manufacturing and Industrial District," may be allowed by right by the Commission and Council within a "PUD-I" district without review and approval by the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and locations thereof shall be shown on the site plan and contained in the supporting documents herein required. e. Accessory Uses, customarily incidental and secondary to any allowed principal use, with respect to the type of uses proposed in the "PUD-I" district. 3.23.E PROHIBITED USES Uses not expressly permitted in the various zoning district regulations of this Chapter are expressly prohibited in any "PUD" district unless otherwise authorized and approved by the Planning and Zoning Commission and City Council in conformance with the approving ordinance. 3.23.F OPEN SPACE REQUIREMENTS In Residential Planned Unit Development districts containing residential uses, common open space (whether dedicated to public use or owned and maintained in common by all or part of the occupants of the PUD development through a property owner association) land shall be reserved primarily for the leisure and recreational use of the project's occupants, and readily accessible thereto. The quantity of common open space required shall comprise not less than twenty (20%) percent of the project area. Said open space may be varied downward by the City Planning and Zoning Commission and City Council when a lesser amount of such open space would be more appropriate to the density of development or size of families or households proposed in the project, plus the availability and nature of adjacent public open space. For the purpose of this Chapter, common open space is defined as follows: 1. Common Open Space includes: Land area of the development accessible to and permanently reserved for the common use and enjoyment of the occupants of the project for leisure and recreational purposes, for which said area is not covered by buildings, structures or parking except that recreational facilities and structures and their accessory uses and related parking may be located within said common open space as long as their total impervious surfaces (paving, roofs, etc.) do not constitute more than five (5) percent of the total common open space. 2. Common Open Space does not include: a. Land areas reserved for the exclusive use and benefit of an individual owner or tenant. b. Public or private streets, alleys, driveways, parking or loading areas, except as otherwise allowed in paragraph 1. above. c. Church or school sites. d. Other buildings, structures or facilities than those allowed in paragraph 1. above. e. Utility easements, and drainage easements less than one hundred (100') feet in width. 3.23.G MAXIMUM RESIDENTIAL DENSITY PERMITTED; AND DENSITY INCREASE BONUSES 1. The maximum residential density permitted in any "PUD-R, C and I" district, where residential uses are proposed, shall not exceed the maximum residential density limits as permitted by the existing zoning classification in which the PUD district is proposed; except as follows: Upon the receipt of a zoning petition requesting a higher density within a Planned Unit Development the Planning and Zoning Commission shall study and make a recommendation to the City Council setting forth a density for the project identified as 'gross residential density.' The City Council shall take this recommendation under advisement at its hearing to consider the petition. For the purpose of this regulation, "gross residential density" shall mean the sum total of all residential land use area(s) of the project, including one-half (1/2) of any abutting streets located within the boundary of the project. 2. Density Increase Bonuses. In an effort to increase the quality of a residential planned unit development through the adequate provision of open space, community facilities, recreation areas and other similar amenities and improvements, the Planning and Zoning Commission and City Council may approve residential density increases for the amenities listed below and in the . amounts prescribed therefor. a. Open space reservation shall be considered for residential density increases according to the following provisions: i. Each additional one (1) percent (1 acre minimum) of common open space (greater than the requirement set forth in the "Open Space Requirements") up to a maximum of five (5) percent of the total project areas, if improved, permits a maximum increase of gross residential density of six (6) percent of the total number of units allowed on the remaining balance of the land (after the extra open space is deducted to be used for residential purposes). If said additional common open space is unimproved, as defined above, the increase in gross residential density is reduced to one-half (1/2) of six (6) or three (3) percent. ii. Land within a designated 1 OO-year flood plain area, conveyed by easement or dedicated to the City as permanent open space may receive additional density bonuses in the following amounts: a) Add four (4) percent to the percentages listed in paragraph (i) above for improved open space; and three (3) percent for unimproved open space where such land is dedicated to the City. b) Add two (2) percent to the percentages listed in paragraph (i) above for improved open space; and one (1) percent for unimproved open space where such land is conveyed by easement to the City. b. Dedication of public school or park sites may be considered cause for density increase when such sites are of sufficient size and properly located so as to provide a direct benefit to the community. Up to twenty (20) percent increase in density or floor area ratio, within the proposed development may be granted by the Planning and Zoning Commission and City Council where such site dedications conform in general location and size to the City's latest approved Comprehensive City Plan and School District's general requirements. All dedications, whether for school or park purposes, shall be made in favor of the City. c. In no case shall bonus increases exceed fifty (50) percent of the total of all additional bonus percentages added together for any purposes. All increases shall be taken on the same initial "gross residential density." 3.23.H GUARANTEE OF COMMON OPEN SPACE Common open space provided in any "PUD" district shall be guaranteed by a restrictive covenant describing the open space and its uses, maintenance and improvement running with the land for the benefit of the occupants, or public, of the PUD development. The applicant for a PUD may file with said PUD zoning application a draft copy of the proposed covenants which will produce the aforesaid guarantees and, in particular, will provide for restricting the use of common spaces for the designated purposes, for general review and approval by the Planning and Zoning Commission. At the time a "final plat" of the development is filed with the City for approval, the final legal documents regarding the approved covenants relative to the open space, shall be submitted to the City for approval. In order to guarantee the preservation and maintenance of the common open space, one of the following methods shall be required by the City for City Council approval: 1. It may be conveyed to the City or other public agency which will agree to maintain the common open space and any permitted buildings, structures or other improvements placed thereon. 2. If the common open space is not conveyed to the City or other public agency, the covenants governing the use, improvements, and maintenance of the common open space may authorize the City or other public agency to enforce their provisions. 3. If deeded to a property owners association or trustees thereof, the declaration of covenants and restrictions which is to govern the association shall include, but not be limited to, the following: a. Membership must be mandatory for each building or property buyer and any successive buyer, affected by the common open space. b. The common open space restrictions must be permanent, and not just for a period of years. c. The association shall be totally responsible for liability, insurance, local taxes (if assessed), and the maintenance of the common open space and any improvements thereon. d. Affected property owners shall pay their pro rata share of all costs associated therewith; any assessment levied by the association can become a lien on the property. e. The association must be able to adjust the assessment rate to meet changing needs. 3.23.1 SCREENING AND LANDSCAPE REQUIREMENTS Requirements and standards for screening of certain residential and non-residential uses in any "PUD" district shall be required and in conformance with the provisions for "Fences, Free Standing Walls, and Screening Materials" of this Chapter. Areas within any "PUD" district not used for buildings, roadways, drives, parking areas and other similar features shall be landscaped with grass, shrubs, trees and other appropriate vegetative cover, and such shall be maintained in an aesthetic healthy growing condition. 3.23.J ACCESS AND CIRCULATION 1. Vehicular Access - Principal vehicular access points shall be designed to permit smooth traffic flow with minimum hazards to vehicular or pedestrian traffic. 2. Emergency Access - Lots or tracts in any "PUD" district which do not abut a public street or alley shall be provided with an "emergency access easement" dedicated to the City, of not less than twenty (20) feet in width. Such easement shall be paved with an all weather driving surface, and with such turning radii and turnarounds at the terminal ends so as to permit the free unobstructed movement of emergency or City equipment to gain access and egress to the lot or tract. No obstructions or parking shall be permitted within or allowed to interfere with the full use of such emergency access easement, and said easement shall be permanently marked or signed to identify its intended use. The words "Fire Lane" may be used to designate such easement. 3.23.K MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM BUILDING HEIGHT; AND MAXIMUM LOT COVERAGE The maximum height, lot width, lot depth, floor-area ratio and lot area, and the minimum off-street parking and loading requirements for uses proposed shall be established for each Planned Development District, and such standards and requirements shall comply with or be more restrictive than the standards established in the following districts for the specified type uses: Maximum Height, Lot Width, Lot Depth, Floor- Area Ratio or Lot Area and Minimum Off- .~tr~efPa..~ill~....~n<:l~~~dil"lg.~~lldardsS.~ClII .BeEstablishedbtheFoUowinDistrict$ _____.!3~~~ent~~!______.___________.__L___________.___._Ii~E-_____._.______________ Office c-po ----------.....--.-.-.........------..--- -..-----.--.----..--.--.-.---...-.......-.-----.--.---...-.........-.--.- Commercial Services C-C .---......--..........-..........-.-...-......---..-.......---..--..-....--.....- --.---..--.......--.-.-.--......--....------..--...--.......-..........----.--.....-....-.--.... Industrial or Manufacturin M-L The Planning & Zoning Commission and City Council may alter such requirements when in their opinion the proposed development density and land use arrangements shown on the site plan would result in a more innovative siting of buildings and facilities which would improve the usefulness of yard areas and their relationship to traffic circulation, admittance of light and air to buildings, fire protection and usable open space. The average lot size in PUD-R is 16,000 square feet, with a minimum lot size of 13,000 square feet. Furthermore, the lot frontage may be adjusted to be consistent with adjacent properties on the same street but shall not be less than 100 feet. 3.23.M OFF-STREET PARKING AND LOADING REQUIREMENTS Off -street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements." 3.23.N SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED Any application for a change in zoning district boundaries on the "Official Zoning Map" to establish any PUD-R,C, or I district shall be accompanied by a site plan and supporting documents therefore, in conformance with the provisions of Chapter 1 - General Provisions of this Land Development Code. 3.23.0 NATURE OF AMENDING ORDINANCE ApPROVING ANY "PUD" DISTRICT ZONING CHANGE In approving any request for a zoning change for a "PUD" district the City Council shall, upon recommendation of the Planning and Zoning Commission, incorporate in the amending ordinance reference to the approved site plan, supporting documents and other conditions or restrictions imposed on the project by the Commission, including those of the Council. The approval and adoption of the amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning Map." However, the zoning change does not constitute recording of a "Final Plat" nor authorize the issuance of building permits and "certificates of occupancy," until such time as a "Final Plat" and supporting legal and construction documents have been prepared and submitted for City Council approval on all or part of the proposed development, in conformance with the platting requirements and procedures of this Land Development Code. 3.23.P REQUIREMENTS FOR "FINAL PLAT" SUBMISSION FOLLOWING ZONING CHANGE Within a maximum of six (6) consecutive months, following approval of the "PUD" district zoning change by the City Council, the applicant shall file with the City Planning and Zoning Commission a "Final Plat" and necessary supporting documents of all or a part of the PUD district site, in conformance with the Chapter 8 - Plat Review Procedures of this Land Development Code. At its discretion and for good cause, the Planning and Zoning Commission may extend for six (6) months the period of filing for the "Final Plat" upon written request by the applicant. Should the applicant fail to submit a "Final Plat" within the six (6) month period following City Council approval of the zoning change, or by the termination date of the filing extension granted by the Planning and Zoning Commission, the Commission may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the Official Zoning Map by removing all or part of the Planned Unit Development (PUD) from the Official Zoning Map and placing the area involved in another appropriate zoning district. The City Council may uphold the Commission's recommendation and proceed to advertise and hold a public hearing thereon, or may elect to continue the PUD district zoning classification in effect. 3.23.Q COMPLIANCE WITH DEVELOPMENT SCHEDULE An application for a Planned Unit Development District shall be accompanied by 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 City Council, shall become part of the development plan and shall be adhered to by the owner, developer and his successors in interest. The development schedule shall be reviewed annually by the Building Inspector, and he shall report to the Planning and Zoning Commission the actual development accomplished in the various Planned Development Districts as compared with the development schedule. The Planning and Zoning Commission may, if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, initiate proceedings under Chapter 1 - General Provisions of this Land Development Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the Official Zoning Map or the Planned Development District by removing all or part of the Planned Development District from the Official Zoning Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case. 3.23.R EFFECT OF THIS SECTION AND RELATED SUBSECTIONS ON PREVIOUSLY ApPROVED "PUD" ZONING CHANGES Previously approved "PUD" amending ordinances to the City's preceding zoning ordinance, including accompanying site plans and supporting documents thereof, shall remain in full force and effect with respect to this Chapter and shall not be made to comply with the provisions of this Chapter. .~ l'exas PLANNING & ZONING COMMISSION WORKSHOP AGENDA BRIEFING Agenda Date: Subject: February 21, 2005 Review Home Occupation Regulations o~ Attached is a copy of the Colleyville Home Occupation regulations. For reference and comparison purposes, I have also attached a copy of the current Home Occupation regulations from various cities throughout the Metroplex. Attachments: Colleyville Home Occupation Regulations Home Occupation Regulations Throughout the Metroplex Home Occupation Regulations . Colleyville 1. Carrollton 2. Coppell 3. Dallas 4. Denton 5. Farmers Branch 6. Flower Mound 7. Grand Prairie 8. Lewisville 9. McKinney 10. PIano 11. Richardson 12. Southlake Home Occupation Regulations City of Colleyville Home Occupation. Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling, and shows no external evidence of such use. (i) Home Occupation Uses: 1. No person other than members of the family residing on the premises shall be engaged in such occupation; 2. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; 3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non- illuminated, and mounted flat against the wall of the principal building. 4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; 5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 6. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels and other such activities. Home Occupation Regulations City of Carrollton ART XXXIV DEFINITIONS PAGE 386 CARROLL TON COMPREHENSIVE ZONING ORDINANCE 187. HOME OCCUPATION: A business activity customarily carried on in the home by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation or outside storage of any machinery, equipment or materials other than that customary to normal household operations, without the employment of persons not residing in the home, without the use of a sign to advertise the occupation, and which does not cause the generation of additional traffic in the street. Home Occupation Regulations City of Coppell GUIDELINES FOR HOME OCCUPATIONS IN COPPELL As a growing community, we are aware that most businesses are not compatible with and should not be located in residential areas. This is one of the reasons the City has designated areas for businesses such as retail, commercial, office, and industrial zoned categories; and other areas are exclusively zoned for residential uses. The City of Coppell realizes, however, that there are some businesses or occupations that operate on such a small scale that they do not cause a problem to the surrounding neighborhood. Such occupations are considered as Home Occupations and are permitted in residential areas under the regulations of the Comprehensive Zoning Ordinance as Home Occupations. The purpose of our Home Occupation Ordinance is to ensure the compatibility of home occupations with other uses permitted in the residential districts; and to maintain and preserve the character of residential neighborhoods. Home Occupation: A business occupation or activity conducted within a residential dwelling unit by the resident thereof, and which shall have the following characteristics: 1. The activity shall employ only members of the immediate family of the resident of the dwelling unit; 2. There shall be no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke!, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment. or traffic or parking of vehicles in a manner evidencing the conduct of a business; 3. Said home occupation shall not have a separate entrance for the business and shall not include appointed visits by the general public. Any business, occupation or profession conducted within a dwelling unit and which does not meet the aforesaid characteristics shall be construed to be a commercial activity and shall therefore be cause for the City of Coppell to order a cease to all such activity within said dwelling unit. The purpose of this pamphlet is to provide some guidance in individual Circumstances. We have listed several questions which are commonly asked of the Planning Department. IS THE OCCUPATION AN INCIDENTAL AND SECONDARY USE TO THE USE OF THE DWELLING AS A RESIDENCE? . If the home occupation requires more than one room, then it is likely that the occupation is not a secondary use, therefore, the use would not be allowed by ordinance. IS THE OCCUPATION OPERATED WITHIN THE MAIN STRUCTURE? . The occupation cannot be operated outside of the main structure, and materials cannot be stored outside the main building, in the yard, or in a detached garage or shed. An additional room cannot be constructed to operate the occupation. CAN SIGNAGE BE USED IN ORDER TO ADVERTISE THE BUSINESS? . There shall be no advertising, display, or other indications of a home occupation on the premises. MAY I HIRE ADDITIONAL PERSONS AS EMPLOYEE? . There shall be no on-site employment or use of labor from persons who are not bona fide residents of the dwelling unit. IS THE OCCUPATIONAL USE DETRIMENTAL TO THE ENJOYMENT OF ADJOINING NEIGHBORS? . If the home occupational use causes smoke, an increase of traffic, or objectionable noise, then the use shall not be permitted. ARE THERE ANY USES THAT ARE SPECIFICALLY EXCLUDED? . A number of uses including contractor shops, automobile repair, barber shops and beauty shops, are not considered as home occupations. Other uses specifically excluded are medical offices or similar office operations that depend on extensive client traffic to the premises. If your home occupation requires more than one or two visits a day from your clients, then it probably would not be considered as a home occupation. WHO HANDLES VIOLATIONS OF THE HOME OCCUPATION ORDINANCE? . All complaints of suspected violations of the Home Occupation Ordinance will be handled through the Building Inspection Department. An inspector will investigate the matter and if it is determined that the home occupation is considered as a nuisance, the property owner will be notified of the suspected violation. The property owner will be given a time period in which to correct the violation. Under most circumstances, normal violations can be resolved in this manner. If the violations continue, then a case will be filed in municipal court. Some violations of the home occupation ordinance are of such a nature (Le. they are sporadic or very minor) that it is not possible for the city staff to verify the complaint. In a situation such as this, the city staff will work with all affected property owners to resolve the problem. However, if the matter cannot be resolved it will be necessary for the complainant to file a formal complaint with the City Attorney. For More Information Contact: Coppell Planning Department City Hall 255 Parkway Blvd. (972) 304-3678 State Regulations and Licensing is available at http://www.txed.state.tx.us/guide Home Occupation Regulations City of Dallas (8) Home occupation. (A) DefInition: An occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premIses. district. (B) Districts restrictions: This accessory use is not permitted in the peA) (C) Required off-street parking: None. (D) Required off-street loading: None. (E) Additional provisions: (i) A person who engages in a home occupation shall not: (aa) use an advertisement, sign, or display on the premises; (bb) use a street address on an advertisement, sign, or display off the premIses; (cc) employ more than two persons on the premises, other than the residents of the premises; (dd) have employees, other than the residents of the premises, who individually or collectively work on the premises more than four hours in any given week; (ee) conduct outdoor activities between the hours of 10 p.m. and 7 a.m.; (ft) involve more than 10 patrons on the premises at one time; (gg) conduct outdoor activities unless the activities are screened from the neighboring property by a solid fence of at least six feet in height; (hh) generate loud and raucous noise that renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort; or (ii) sell, offer, or advertise products of the home occupation at or on the premIses. (ii) The area restrictions in Subsection (a)(3) do not apply to this use. Home Occupation Regulations City of Denton 35.12.10 Home Occupations. The following provisions apply to home occupations: A. Dwelling. A home occupation shall be permitted only when it is an accessory use to a detached single-family dwelling unit. B. Restriction on Sales. A home occupation shall not involve any external structural alteration of the single-family dwelling unit. e. Employees. Only one employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation shall be considered an employee for the purposes of this Subchapter, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business. D. External Display of Products. There shall be no external display of products or any other externally visible evidence whatsoever of the occupation, business or profession. E. Outdoor Storage. No outdoor storage of materials, goods, supplies or equipment shall be allowed. F. Signage. A person who engages in a home occupation shall not place an advertisement, sign, or display on or off the premises. G. Patrons. A home occupation shall not involve more than four (4) patrons on the premises at one time. H. Outdoor Activities. Any outdoor activities associated with a home occupation shall be screened from the neighboring property by a solid fence of at least six fee (6') in height. 1. Product Sales. A home occupation may include the sale of products on the premises provided compliance is maintained with all other conditions specified herein. J. Definition of "On the Premises." "On the premises," as it pertains to home occupations, shall be defined as the single-family dwelling unit plus the lot on which such structure is located. K. Nuisance. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes. L. Prohibited Equipment and Materials. There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in a single-family dwelling unit. M. Parking and Business-Related Vehicles (vehicles either marked or equipped commercially). No on-street parking of business-related vehicles shall be permitted at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The nwnber of business-related vehicles shall be limited to one. N. Sale of Garden Produce. The above-listed requirements of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises within the R (Rural) District, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for display of such produce. O. Allowable Home Occupations. The following uses are allowable as home occupations without the approval of a Special Use Permit: 1. Registered Family Homes (in-home childcare) or l\dult Day Care, but not more than six children or adults at a time, including the caregiver's own preschool-aged children or adult family member. 2. Tutoring of all types, but limited to four pupils at one time. 3. Arts and crafts. 4. Small appliance repair. 5. Contractor offices (i.e., painting, cleaning, yard maintenance, building). 6. Attorneys. 7. Accountants. 8. Real estate agents. 9. Insurance agents. 10. Counselors, psychological therapists. 11. Tailor. 12. Chimney Cleaning. 13. Home marketing, mail order products or services and e-mail. 14. Laundering services. 15. Registered massage therapists. 16. Any use determined by the Director to be an Allowable Home Occupation. P. Home Occupations Requiring an Specific Use Permit The following uses are allowable home occupations with the approval of a Specific Use Permit. 1. Catering establishments (i.e., business providing contract services consisting of food and banquet preparations prepared internally and delivered to customers off the premises). 2. Musician's and artist's studio. 3. Barber and beauty shops, provided that the use is conducted by family members who live in the residence (no outside employees permitted). The business shall consist of no more than one beauty /barber chair, and no more than two (2) customers shall be permitted at one time. Said business shall operate only between the hours of 8:00 a.m. and 8;00 p.m.. Q. Occupations Not Allowed. The following uses are examples of home occupations which are not allowed: 1. Antique sales. 2. Medical doctors, or any practice of physical and/ or medical application, including chiropractors. 3. Dentists. 4. Vehicle repair/mechanic's garages and automobile detailing. 5. Commercial greenhouses or nurseries. 6. Animal grooming. Home Occupation Regulations City of Farmers Branch Home Occupation - An occupation conducted solely by a residing member of the occupant's family, in the main structure only and which does not; offer goods or services to client(s) at the premises or; involve the employment or assemblage of assistants or other persons at the premises or; require structural alterations to the building or, involve the installation of machinery or equipment not customarily found at a residence or, involve any advertising or signage at the premises or; involve the dedication of greater than 20% of the building area to the storage or warehousing of any goods, equipment, materials, or other matter associated with the occupation at the premises or; cause additional parking at or around the premises or; create or emit any noise, odor, glare, or smoke outside of the main residence or; require additional utilities (other than telephone) to the premises. Exception: this definition is not intended to preclude the occasional visit of a person to the premises due to a home occupation such as tutoring, piano lesions, or other similar non-disruptive home occupation. Home Occupation Regulations City of Flower Mound Sec. 98-984. Home occupation. A home occupation shall be permitted as an accessory use to a dwelling unit, subject to compliance with the following conditions: (1) A home occupation shall be permitted only when it is an accessory use to a detached single-family dwelling unit. (2) A home occupation shall not involve any external structural alteration of the main building. (3) A home occupation shall be conducted wholly within the main building, and not in any accessory building. The total floor area to be used for a home occupation shall not exceed 20 percent of the total floor area of the main building, including garages. Notwithstanding the above, instructional classes may be held outside of the main building, providing a maximum of six students may be allowed in each session and other stipulations of this section are met. (4) Only one employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation shall be considered an employee for the purposes of this section, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business. (S) No outdoor storage of materials, goods, supplies or equipment shall be allowed. (6) A person who engages in a home occupation shall not place an advertisement, sign or display on or off the premises. (7) A home occupation shall not involve more than four patrons on the premises at one time. (8) Any outdoor activities associated with a home occupation shall be screened from the neighboring property by a solid fence of at least six feet in height. (9) A home occupation may include the sale of products on the premises, provided that compliance is maintained with all other conditions specified in this section. (10) A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dim odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes. (11) A home occupation shall not include the physical or medical treatment of persons or animals, beauty shops, dance studios, carpenter shops, electrical shops, massage establishments, plumber shops, heating and air conditioning shops, radio shops, auto repairing or painting, furniture repairing, sign painting or similar activities. (Code 1989, ch. 12,9 3.05(d)(13)) Cross references: Businesses, ch. 18 Home Occupation Regulations City of Grand Prairie Home Occupation: An occupation customarily carried on in the home, by a member of the occupant's family without the employment of additional person; without the use of a sign advertising the occupation on or off the premises. No commodity may be offered for sale on the premises. The occupation cannot create conditions that are offensive in nature such as noise, odor, increased traffic, smoke, etc. Any activity carried out for gain by a resident conducted as an accessory use cannot exceed thirty (30) percent (%) of the total area within the resident dwelling unit, including the garage. In all cases, home occupations shall specifically exclude any automotive repair or additional vehicular traffic. Home Occupation Regulations City of Lewisville Home Occupation: A "home occupation" is a business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and which shall have the following characteristics: (1) The activity shall employ only members of the immediate family ofthe resident of the dwelling unit; (2) There shall be no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of business; and (3) Said home occupation shall not have a separate entrance for the business and shall not include continual visits by the general public. A business, occupation, or profession conducted within a dwelling unit and which does not meet the aforesaid characteristics shall be construed to be a commercial activity and shall therefore be cause for the City to order a cease to all such activity within said dwelling unit. Home Occupation Regulations City of McKinney (3) Home Occupations. A home occupation, in districts where allowed, shall meet the following standards to maintain the residential character of the neighborhood while providing opportunities for home-based businesses. (a) Home occupations shall be conducted entirely within the main building. (b) Home occupations shall not produce any alteration or change in the exterior appearance of the residence which is inconsistent with the typical appearance of a residential dwelling. 1. No external evidence of the occupation shall be detectable at any lot line, including advertising, signs, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, or outside storage of materials or equipment. 2. The home occupation shall not have a separate entrance. 3. Not more than two (2) patron or business related vehicles shall be present at anyone time, and the proprietor shall provide adequate off-street parking for such vehicles. 4. A maximum of one (1) commercial vehicle, capacity one ton or less, may be used or parked on the property in connection with the home occupation. The commercial vehicle shall not be parked in the street. 5. The home occupation shall not require regular or frequent deliveries by large delivery trucks or vehicles in excess of one and one-half (1 Y2) tons. 6. The home occupation shall not display advertising signs or other visual or audio devices which call attention to the business use. (c) The home occupation shall be clearly incidental and secondary to the use of the premises for residential purposes. (d) The home occupation shall employ no more than one individual who is not an occupant of the residence. (e) The address of the home occupation shall not be included in any classified advertisement, yellow pages listing, or other advertisement. Zoning Ordinance Zoning Ordinance Entire - March 12, 2003 Page 140 Zoning Ordinance (f) The home occupation shall not offer a ready inventory of any commodity for sale, except as specifically listed under "Uses Allowed as Home Occupations", Section 41-207 (3)(h). (g) The home occupation shall not accept clients or customers before 7:00 a.m. or after 10:00 p.m. This limitation on hours of operation shall not apply to allowed childcare home occupations. (h) Uses allowed as home occupations: 1. Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, or similar profession; 2. Office of a salesman or manufacturer's representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises; 3. Author, artist, sculptor; 4. Dressmaker, seamstress, tailor, milliner; 5. Music/dance teacher, tutoring, or similar instruction, provided that no more than three (3) pupils may be present at anyone time; 6. Swimming lessons or water safety instruction, provided that a maximum of six (6) pupils may be present at anyone time; 7. Home crafts, such as weaving, model making, etc.; 8. Repair shop for small electrical appliances, cameras, watches, or other small items, provided that items can carried by one person with no special equipment, and provided that no internal combustion engine repair is allowed; 9. Food preparation such as cake decorating, catering, etc., provided that no on-premise consumption by customers is allowed, and provided that the business is in full compliance with all health regulations; 10. Day care: Registered family home in compliance with state law, with a maximum of six (6) children at anyone time; Zoning Ordinance Entire - March 12, 2003 Page 141 11. Barber shop, beauty salon, or manicure studio, provided that no more than one (1) customer is served at anyone time. 12. Community homes and other residential care facilities as defined by state law and as amended, provided such facilities meet all statutory requirements, establish proof of licensing, and obtain acceptance of facilities by the Fire Marshal. (i) Uses prohibited as home occupations: 1. Animal hospitals, commercial stables, kennels; 2. Bed and breakfast inn, boarding or rooming house; 3. Day care center with more than six (6) children; 4. Schooling or instruction with more than one pupil (except as noted above); 5. Restaurants or on-premise food/beverage consumption of any kind; 6. Automobile, boat or trailer repair, small engine or motorcyle repair, large appliance repair, repair of any items with internal combustion engine, or other repair shops except as specifically provided for in Section 41-207 (3 )(h); 7. Cabinetry, metal work, or welding shop; 8. Office for doctor, dentist, veterinarian, or other medical- related profession; 9. On-premise retail or wholesale sales of any kind, except home craft items produced entirely on premises, and except garage sales as provided for within Chapter 16 of the McKinney Code of Ordinances; 10. Commercial clothing laundering or cleaning; 11. Mortuaries or funeral homes; 12. Trailer, vehicle, tool, or equipment rental; Zoning Ordinance Zoning Ordinance Entire - March 12,2003 Page 142 13. Antique, gift, or specialty shop; 14. Any use defined by Building Code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy. (j) The Director of Planning shall determine whether a proposed use not specifically listed is appropriate as a home occupation. The Director of Planning shall evaluate the proposed home occupation in terms of its impact on neighboring property, its similarity to other allowed and prohibited uses, and its conformance with the regulations herein. If the applicant disagrees with the determination of the Director of Planning, the applicant may request that the use be evaluated by the City Council. (k) Any home occupation that was legally in existence as of the effective date of this ordinance and that is not in full conformity with these provisions shall be deemed a legal non-conforming use, subject to provisions of Section 41- 34. (4) Permanent Makeup Facilities. A permanent makeup facility shall be allowed in conjunction with a doctors office or beauty shop, and shall meet the following standards. (a) Permanent makeup is limited to parts of the body from the neck up, and is generally for cosmetic or reconstructive purposes. (b) The permanent makeup use shall be subordinate to the principal use in terms of area of the building served, extent of services provided, and be in keeping with the purpose of the doctors office or beauty shop. (c) The permanent makeup use shall not be allowed to maintain hours of operation in excess of the principal use. (d) Access to the area where the permanent makeup procedure is performed must be through the main entrance of the principal use. (Ord. No. 1270, ~ 4.06, 12-15-81; Ord. No. 99-03-35, ~ I, 04-01-99; Ord. No. 2000-07- 053, ~ A, 07-24-00) Sec. 41-208 . Performance Standards. All uses in all districts shall conform in operation, location, and construction to the performance standards hereinafter specified. Zoning Ordinance Zoning Ordinance Entire - March 12, 2003 Page 143 Home Occupation Regulations City of Piano Home Occupations In all cases, home occupations shall meet the following conditions and requirements: (1) Only one employee other than occupants of the residence may be employed. A person who receives a wage, salary, or percentage of profits directly related to the home occupation shall be considered an employee. This definition shall not include the coordination or supervision of employees who do not regularly visit the house for the purposes related to the business. (2) No interior or exterior signage shall be uses to advertise the occupation. Vehicles bearing business signs shall not be parked on the street or within 30 feet of the curb. (3) A home occupation shall be conducted wholly within the principal dwelling and not in any accessory building. The total floor area to be used for a home occupation shall not exceed 20% of the total floor area of the principal dwelling, including garages. However, instructional classes may be eld outside providing other stipulations of this ordinance are met. A maximum of six students may be allowed in each session. (4) Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed, and orders previously made by telephone or at a sales party may be filled on the premises. (5) No outdoor storage of materials, goods, supplies, or equipment shall be allowed. (6) No building alterations shall be allowed that will alter the residential character of the home. (7) No repair or servicing of vehicles, internal combustions engines, large equipment, or larger appliances shall be allowed. (8) A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors, or heat in excess of those normally found in residential areas. (9) No toxic, explosive flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the sire for business purposes. (10) No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the required off-street parking for the residence or along the street frontage for the lot. Home Occupation Regulations City of Richardson Home occupation means an occupation that is incidental and secondary to the primary use of the premises as a residence and customarily conducted in a residential dwelling unit by a member of the occupant's family, entirely within the main structure, provided such use is not detrimental or injurious to adjoining property. Legal home occupations must meet all of the following conditions: (1) Shall be conducted entirely within a completely enclosed structure. (2) Shall have no outside storage on a temporary or overnight basis. Not more than one vehicle of not greater than three-quarter-ton rated capacity, which indicates, by signage or other means, that it is used in a business, may be parked on residential zoned property or in a public street or alley adjacent to residentially zoned property. (3) Shall have no exterior advertisement, sign or display, either on or off the premises. (4) Shall have no modification or activity which would indicate from the exterior of the structure that the premises are being used for anything other than a dwelling unit. (5) Shall not employ persons other than members of the immediate family or lawful occupants residing on the premises. (6) Shall not use equipment other than that which is customarily found in a home or normal domestic equipment. Examples of customary and ordinary domestic or household equipment include, but are not limited to, irons, sewing machines, power saws, drill presses, telephones, musical instruments, computers, word processors and photographic equipment. (7) Shall not involve the exhibit or display of goods, wares or merchandise. (8) Shall not create any condition which is offensive by reason of odor, noise or manner of operation. (9) Shall not create a fire hazard, explosion or accumulation of pests, rodents, flies or vermm. Home Occupation Regulations City of Southlake HOME OCCUP A nON - An occupation wholly within a dwelling unit provided that: a. No person other than members of the family residing on the premises shall be engaged in such occupation. b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building; d. No home occupation shall be conducted in any accessory building; e. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; f. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; g. Home occupation uses shall not include beauty culture schools, barber and beauty shops, medical or chiropractic offices, or other uses of a similar nature and character.