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HomeMy WebLinkAboutOrd 1024 Establish Article IX TC Town Center Form-Based Development DistrictEXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 1 OF 47 Sec. 102-400. - PURPOSE. The purpose of this TC, town center form-based development district is to provide predictable building regulations and building rules that support the development and the redevelopment of urban space in the Town of Westlake that is attractive; that is walkable; and that provides an appropriate mix of residential experiences, commercial experiences, and civic experiences all in close proximity to each other leading to comfortable and pedestrian-friendly neighborhoods. A critical mass of residential experiences, commercial experiences, and civic experiences combined with architecture and landscape architecture practices that individually and that collectively contribute to a visually harmonious whole will respond to the growing market demand for mixed- use and will establish a marketable destination which meets the daily needs of residents and businesses in the Town of Westlake, while attracting regional customers. The following policies provide further clarification on the purpose of the TC, town center form-based development district: A. That the natural infrastructure and the visual character of the Town of Westlake should be retained; AND B. That architecture and landscape architecture should grow from local climate, topography, history, and building practice; AND C. That buildings and landscaping should be disciplined to contribute to the spatial definition of thoroughfares and civic spaces; AND D. That compact and mixed-use development should be encouraged as a pattern of development; AND E. That the configurations of buildings should support walkability, safe streets, and safe public spaces, creating pedestrian-friendly neighborhoods; AND F. That the form of buildings should individually and collectively define and support the public realm; AND G. That the building regulations and the building rules should balance the rights of the individual and the interests of the community as a whole; AND H. That the harmonious and orderly evolution of the built environment should be secured through regulating the form of buildings. Sec. 102-401. - APPLICABILITY. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 2 OF 47 A. This TC, town center form-based development district may be known as this “FORM-BASED DEVELOPMENT DISTRICT”. B. Provisions of this form-based development district shall be activated by “SHALL” or “ARE” when required and by “MAY” when optional. C. Provisions of this form-based development district shall be expressly applied to the development and to the redevelopment of property within approved boundaries as shown on the zoning map for the Town of Westlake. D. Provisions of this form-based development district, where in conflict, shall take precedence over those of all other codes, ordinances, regulations, and standards in the Town of Westlake, Texas Code of Ordinances, except for: 1. Chapter 18, Buildings and Building Regulations; AND 2. Chapter 36, Engineering Standards; AND 3. Chapter 38, Fire Prevention and Protection. E. Provisions found in the Town of Westlake, Texas Code of Ordinances shall continue to be applicable to all those issues not covered by this form-based development district, except where such provisions would be in conflict. F. Provisions of this form-based development district or any numerical metrics set forth herein, when in conflict with diagrams, figures, or illustrations, shall take precedence. G. Unless otherwise provided in below, the Town Manager, or their designee, shall have the authority to administratively approve or to administratively disapprove a request to deviate from the provisions of this form-based development district. A request to deviate from the provisions found in this form-based development district shall not be used as a reason to establish the existence of a non-conformity or to create rights in the continuation of non-conformity; to add new building functions that are not allowed by the regulations and the rules of the town center zone in which it is located; and to add site improvements that are not allowed by the regulations and the rules of the town center zone in which it is located. All deviation decisions that are made pursuant to the provisions of this form-based development district may be appealed to the Town Council within 30 days of a deviation decision from the Town Manager or their designee. For the purposes of the regulations and the rules of this form-based development district, appeals requests shall only be heard as per the rules that are set forth for consideration of Regular Agenda Items. All appeals requests shall be filed with the Town Manager or their designee. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 3 OF 47 H. The Town Manager, or their designee, shall not have administrative authority to modify, or to make adjustments to the numerical metrics of this form-based development district in the following ways: 1. To increase the maximum density ratios. 2. To increase the maximum building height. 3. To increase the maximum building setbacks. 4. To reduce the minimum habitable area for residential building functions. 5. To specify new building functions and uses or to restrict listed building functions and uses. 6. To modify the maximum allocation allowances for multi-family residential units. Sec. 102-402. - DISTRICT BOUNDARIES. The boundaries of this form-based development district shall be as shown on the zoning map for the Town of Westlake. Sec. 102-403. - ALLOCATION OF TOWN CENTER ZONES. This form-based development district allocates the following sub-districts, which are referred to herein as town center zones: the town center edge zones; the town center core zones; and the town center civic zones. A. TOWN CENTER EDGE ZONES. This town center zone is established to enable and to encourage the development of low-density residential areas that have detached houses. B. TOWN CENTER CORE ZONES. This town center zone is established to enable and to encourage the development of mixed-use areas characterized by buildings that integrate residential uses with a broad variety of office, restaurant, and retail of regional importance. 1. Any part of the town center core zones located within 660 feet of the public right-of-way of State Highway 114 and / or State Highway 170 shall be mapped as a building height waiver overlay district, and the provisions of this form-based development district shall be modified as follows: i. All principal buildings within the town center core zones shall be exempted from the maximum building height restrictions. ii. All principal buildings within the town center core zones shall have a minimum building height of four stories, with the exception of those principal buildings EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 4 OF 47 accommodating a food service establishment or a retail sales establishment. A food service establishment and a retail sales establishment may have a building height that is less than four stories. C. TOWN CENTER CIVIC ZONES. This town center zone is established to guide the location of civic buildings and civic spaces that are intended to stand out from the surrounding neighborhoods and thoroughfares and to reinforce the distinct architectural character, cultural character, and social character defining the Town of Westlake. D. All the town center zones are zoning districts and may be applied for through a process of public hearing, in accordance with the applicable standards and applicable procedures as established in Sec. 26-64 — Sec. 26-66 of the Town of Westlake, Texas Code of Ordinances. E. All town center zone boundaries shall be mapped along thoroughfare centerlines and along the rear lot lines and the side lot lines. F. All town center zones shall be shown on the zoning map for the Town of Westlake. Sec. 102-404. - DEVELOPMENT AGREEMENT. All development and redevelopment projects within this form-based development district shall be pursuant to a recorded development agreement. All development agreements shall demonstrate compliance with all the regulations and the rules of this form-based development district and the requirements established in Sec. 102-316 of the Town of Westlake, Texas Code of Ordinances. All applicants shall prepare or have prepared on their behalf a development agreement. Development agreements are subject to review and recommendation by the Town Manager, or their designee, and approval by the Town Council. Sec. 102-405. - REGULATING PLAN. All development and redevelopment projects within this form-based development district for a parcel of land or for multiple parcels of land greater than three acres in area shall require a regulating plan. All regulating plans shall depict the parcel of land or the multiple parcels of land that are subject to regulation by this form-based development district and shall guide the infrastructure strategies, the civic space allocation, the land use allocation, and the aesthetic character of the built environment and the natural environment in order to support implementation of this form-based development district. A. REGULATING PLAN REVIEW AND APPROVAL. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 5 OF 47 1. Site plans and civil plans may not be submitted for review and approval as provided in below without an approved regulating plan. An applicant shall prepare or shall have prepared on their behalf a regulating plan. Regulating plans shall require a review and recommendation from the Planning and Zoning Commission and approval by the Town Council. B. MINIMUM INFORMATION REQUIRED. All the following information shall be required for review and approval of a regulating plan: 1. the proposed order (sequence) for development or modification of buildings and other elements of the built environment within the private lots; 2. the proposed layout of development; 3. the proposed thoroughfare assemblies and their locations; 4. the proposed civic space types and their locations; 5. the proposed allocation of town center zones; 6. the proposed density calculations; AND 7. the additional guidelines for architecture and / or landscape architecture, if any. C. THOROUGHFARE ASSEMBLY. 1. All public thoroughfares and all private thoroughfares shall be assembled and shall be built as specified in Sec. 36-43 of the Town of Westlake, Texas Code of Ordinances, and the provisions as found in Sec. 36-43 of the Town of Westlake, Texas Code of Ordinances are modified as follows: i. Sidewalks shall be a minimum of six feet in width within all town center edge zones. ii. Sidewalks shall be a minimum of 12 feet in width within all town center core zones and within all town center civic zones, except for those sidewalks providing access to lots dedicated principally to attached single-family residential units and to detached single-family residential units only, which shall be a minimum of six feet in width. iii. Sidewalks shall have a planter at least five feet in width, that is adjacent to the roadway lanes of the thoroughfare. Trees shall be planted within the planter on center and spaced at intervals of 30 feet. 2. All thoroughfares shall terminate at other thoroughfares, and in intersections, forming a network. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 6 OF 47 3. All thoroughfare networks shall define pedestrian-friendly and walkable blocks not exceeding the following perimeter lengths that are measured as the sum of frontage lines: i. 3,000 feet within the town center edge zones; AND ii. 2,400 feet within the town center core zones and within the town center civic zones. 4. All rear alleys shall terminate at thoroughfares or at other rear alleys in intersections. i. Rear alleys shall have a minimum easement width of 24 feet and a minimum pavement width of 12 feet within the town center edge zones; AND ii. Rear alleys shall have a minimum easement width of 24 feet and a minimum pavement width of 24 feet within the town center core zones and within the town center civic zones. 5. All rear alleys shall be in easements and shall be privately held and maintained by the developer and / or the property owners’ association. D. CIVIC SPACE. 1. All regulating plans shall assign at least five percent of its total land area to civic space. i. A civic building may be either located within or adjacent to the civic space or located at the axial termination of a thoroughfare. 2. All civic spaces servicing this form-based development district shall detail their functions and their programming (e.g., a green, a park, a pocket park, and a square) as provided in below: i. a green (the minimum size shall be 0.5 acres); ii. a park (the minimum size shall be 1.0 acres); iii. a pocket park (the minimum size shall be 1,000 square feet and the maximum size shall be 0.25 acres); AND iv. a square (the minimum size shall be 0.25 acres and the maximum size shall be 3.0 acres). EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 7 OF 47 3. All civic spaces servicing this form-based development district shall be coordinated with and connect with existing and future trails, residential neighborhoods, and surrounding civic assets in the Town of Westlake. 4. All civic spaces servicing this form-based development district shall be programmed and shall be designed in accordance with all the applicable provisions of the development agreement. 5. The developer and / or the property owners’ association shall be responsible for the construction and the maintenance of the civic space made available to the public. E. ADDITIONAL GUIDELINES FOR ARCHITECTURE AND LANDSCAPE ARCHITECTURE. All proposed development and redevelopment projects subject to this form- based development district are encouraged to incorporate additional regulations for building materials and building configurations as appropriate to enhance and to complement the built environment and the natural environment. All additional regulations for building materials and building configurations shall result in higher levels of creativity and design for architecture and for landscape architecture to the satisfaction of the Town Manager or their designee. 1. The guidelines for architecture and for landscape architecture may include basic design aesthetic for ground-based, monument signs, provided that ground-based, monument signs: i. all ground-based, monument signs shall only be located along arterial thoroughfares; AND ii. all ground-based, monument signs shall be restricted to a maximum height of six feet; AND iii. all ground-based, monument signs shall be constructed of a metal material, and the ground-based, monument signs bases and supports shall be made of a brick material, a stone material, or a stucco material matching the design aesthetic for architecture and landscape architecture for the proposed project. F. AMENDMENTS. All amendments to approved regulating plans shall require a review and recommendation from the Planning and Zoning Commission and approval by the Town Council. Amendments may be approved, provided that they are consistent with the intent of this form-based development district. Sec. 102-406. - INSTRUCTIONS. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 8 OF 47 This Section sets forth the standards that are applicable to the development and to the modification of buildings and other elements of the built environment that are within private lots. A. The administration of this form-based development district shall be carried out by multiple Town of Westlake departments that have jurisdiction over the permitting of a project, with each department administering the regulations and the rules that are appropriate to their department. B. All applications for development and redevelopment pursuant to this form-based development district shall require a pre-development meeting. A pre-development meeting shall be scheduled at the request of the applicant and shall include the applicant, the applicant’s design professionals, and all the associated departments of the Town of Westlake. C. All applications for development and redevelopment pursuant to this form-based development district shall be processed administratively. D. All applications for development and redevelopment pursuant to this form-based development district shall require two types of submittals for review and approval: site plans and civil plans. The applicant shall submit the site plans and the civil plans together. E. All applications for development and redevelopment pursuant to this form-based development district shall, in addition to complying with the site plan requirements found existing in Sec. 102-314 of the Town of Westlake, Texas Code of Ordinances, demonstrate compliance with: 1. Density calculations. 2. Lot standards. 3. Building disposition. 4. Building configuration. 5. Building frontage standards. 6. Building function. 7. Parking standards. 8. Landscape standards. 9. Signage standards. 10. Building materials and building configurations. F. All approved applications and approved plans shall then go through the routinely applied development process. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 9 OF 47 1. Any request to deviate from the provisions found in this form-based development district shall require approval, prior to receiving any building permit and / or undertaking any work. 2. Any request to deviate from the provisions found in this form-based development district shall be documented by the Town Manager, or their designee, and shall be included on the site plan. Sec. 102-407. - DENSITY CALCULATIONS. In the town center edge zones, the maximum residential density for each lot shall be one unit (housing in outbuildings shall not count towards residential density). In the town center core zones, the maximum residential density for each lot shall be one unit (housing in outbuildings shall not count towards residential density), except for multi-family residential units located within the building height waiver overlay district. For land mapped as and assigned to the building height waiver overlay district, the allocation allowance for constructing multi-family residential units shall not exceed 400. For other building functions, the buildable intensity shall be determined on a per lot basis and by the total number of parking spaces needed to accommodate a building function or the building functions on a single lot. Sec. 102-408. - LOT STANDARDS. A. GENERAL. All newly platted lots shall either front on a thoroughfare, or on a civic space. B. LOT WIDTH. There shall be no minimum lot width nor maximum lot width in this form-based development district. C. LOT COVERAGE. The maximum lot coverage by buildings and other roofed structures shall not exceed the percentages provided in below: 1. 60 percent maximum within the town center edge zones; AND 2. 80 percent maximum within the town center core zones; AND 3. 80 percent maximum within the town center civic zones. D. UTILITIES. All utilities within the town center core zones and within the town center civic zones shall be placed underground only, and within the public right-of-way, including the roadway lanes and the sidewalks. Sec. 102-409. - BUILDING DISPOSITION. A. GENERAL. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 10 OF 47 1. The front building façade shall be built parallel to the front lot line or shall be built parallel to the tangent of a curved front lot line. B. BUILDING SETBACKS. All buildings in this form-based development district (i.e., all town center zones) shall be setback from the boundaries of their lots as provided in below: 1. Principal buildings: i. Front: 0 feet minimum and 30 feet maximum, except all attached single-family residential units and all detached single-family residential units shall require a minimum front setback of 10 feet. All corner lots shall have designated their front setback along the thoroughfare or the cross-block passage of higher pedestrian importance. ii. Side: 0 feet minimum for attached buildings. iii. Side: 5 feet minimum for detached buildings. iv. Rear: 20 feet minimum. 2. Outbuildings and accessory buildings: i. The front setback shall be 20 feet minimum, in addition to the front setback for the principal building, and the side setbacks and the rear setback shall be five feet minimum. C. SPECIFIC TO THE TOWN CENTER CORE ZONES: 1. The principal entrance shall be on the front lot line except that recessed stoops and shopfront doors that recess the principal entrance from the front lot line are allowed. Sec. 102-410. - BUILDING CONFIGURATION. A. BUILDING HEIGHT. Building height shall be measured in stories for each habitable level above-ground. 1. All stories are measured from finished floor to finished ceiling. 2. All stories shall not exceed 14 feet in height except as provided in below. i. For residential building functions on the first floor only, minimum story height shall be 10 feet and a maximum of 18 feet. ii. For other building functions on the first floor, minimum story height shall be 16 feet and a maximum of 25 feet. iii. A single floor level exceeding 18 feet at ground level shall be counted as two stories. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 11 OF 47 3. All principal buildings within the town center edge zones shall be limited to two stories in building height, and all principal buildings within the town center core zones and within the town center civic zones shall be limited to four stories in building height. With the exception of all those principal buildings accommodating a food service establishment or a retail sales establishment only, all principal buildings located within the town center core zones that are mapped and that are assigned to the building height waiver overlay district are exempted from the maximum building height restrictions, and shall be a minimum of four stories in building height. 4. All outbuildings shall be limited to two stories in height, and no outbuilding shall be higher than the principal building that is located on the same lot. 5. For all free-standing parking structures, building height shall be measured in feet. i. Free-standing parking structure height shall be limited to a maximum height of 60 feet. 6. For all parking structures attached to a building or buildings for at least 50 percent of their perimeter, stories may exceed the limit for parking structure height, provided that they do not exceed the eave height of the attached building or attached buildings. i. In the absence of a liner building, all parking structures shall be visually screened from all building frontages and from all lot lines which border a thoroughfare or a civic space either by parapet walls constructed of an exterior finish material matching the adjacent building façade or by other similar architectural screening to the satisfaction of the Town Manager or their designee. 7. All the following are not included in measurement for building height: i. an attic; ii. a belfry; iii. a chimney flue; iv. a clock tower; v. an elevator bulkhead; vi. a mast; AND vii. a water tank. B. HABITABLE SPACE. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 12 OF 47 1. The habitable space of each attached single-family residential unit and the habitable space of each detached single-family residential unit shall be no less than 4,000 square feet. 2. The habitable space of each multi-family residential unit shall be no less than 1,500 square feet. Sec. 102-411. - BUILDING FRONTAGE STANDARDS. All applications and plans for proposed development projects and redevelopment projects pursuant to the provisions of this form-based development district shall require a building frontage. The building frontage is defined as the privately held area that is located between the front lot line and the front building façade of the principal building. A. BUILDING FRONTAGE BUILD-OUT. The front building façade of the principal building that is located on each lot shall occupy a minimum percentage of the width within the front setback as the building frontage build-out. Building frontage build-out requirements shall be as follows: 1. 60 percent minimum within the town center edge zones; AND 2. 90 percent minimum within the town center core zones; AND 3. None within the town center civic zones. B. BUILDING FRONTAGES GENERAL. 1. The front setback shall contain the building frontage. Building frontages shall be configured according to the architecture requirements and the landscape architecture requirements as set forth in this Section. For corner lots, the front setback shall be designated along the thoroughfare or along the cross-block passage of higher pedestrian importance. For corner lots only, a shopfront building frontage may be required along each thoroughfare and / or cross-block passage. 2. The building frontages are divided into the following five types for the purposes of the regulations and the rules of this form-based development district: i. a dooryard building frontage; ii. a stoop building frontage; iii. a forecourt building frontage; iv. a shopfront building frontage; AND v. an arcade building frontage. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 13 OF 47 3. Awnings may encroach into a front setback up to 100 percent of its depth within all town center core zones. 4. Balconies and bay windows may encroach into a front setback up to 50 percent of its depth within all town center edge zones and balconies and bay windows may encroach up to 100 percent of its depth within all town center core zones. 5. Porches shall be no less than eight feet deep, and porches may encroach into a front setback up to 50 percent of its depth within the town center edge zones and within the town center core zones. 6. In the absence of a building façade along any part of a frontage line within the town center core zones, a streetscreen shall be built coplanar with the building façade. All streetscreens shall be between four and six feet in height, and shall have openings that are no larger than necessary to allow for automobile access and for pedestrian access. i. Streetscreens are not considered fencing or walls for the purposes of this form-based development district. 7. All forecourt building frontages, shopfront building frontages, and arcade building frontages shall meet the following standards: i. Ramps and stairs are not allowed. 8. All entrances to residential building functions on upper floors in mixed-use buildings shall be at sidewalk grade. 9. All first floor commercial building functions at locations along an arterial thoroughfare, a collector thoroughfare, and a civic space shall provide a shopfront building frontage at a minimum. 10. All first floor entrances to commercial building functions shall be illuminated. 11. All first floor commercial building functions may encroach into the adjacent sidewalk and / or may use the building frontage for outdoor seating, for outdoor serving, for outdoor displays of merchandise, and for other business-related activities provided that a minimum contiguous clear path of six feet shall be maintained within the adjacent sidewalk, within the building frontage, or any combination of both. i. Outdoor serving areas shall be separated from adjacent sidewalks using any combination of wrought-iron fencing, railings, planters, and landscape. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 14 OF 47 C. DOORYARD BUILDING FRONTAGES (SEE FIGURE NO. 2 — A). 1. All dooryards may encroach into the front setback up to 100 percent of its depth. 2. All dooryards shall be enclosed on three sides by a wall located on the front lot line and on the side lot lines. D. FORECOURT BUILDING FRONTAGES (SEE FIGURE NO. 2 — B). 1. All forecourt building frontages shall be combined with arcade building frontages. 2. All forecourt building frontages shall recess from front lot lines a maximum of 15 feet for all pedestrian forecourts and a maximum of 30 feet for all vehicular forecourts. 3. Driveways within forecourt building frontages shall be limited to 24 feet in width, and driveways may be paved in brick, in cobble, in concrete, or in stone, subject to approval by the Town Manager or their designee. E. STOOP BUILDING FRONTAGES (SEE FIGURE NO. 2 — C). 1. A stoop may encroach into the front setback up to 100 percent of its depth. 2. A stoop shall be at least five feet in width and five feet in depth. F. SHOPFRONT BUILDING FRONTAGES (SEE FIGURE NO. 2 — D). 1. All shopfront building frontages may either be freestanding or combined with an arcade building frontage. 2. All building façades at shopfront building frontages shall have no less than 70 percent of the total building wall area glazed with clear glass. All shopfront building frontages at corner lots shall have no less than 70 percent of the total building wall area of one building façade glazed with clear glass and no less than 50 percent of the total building wall area of the second building façade glazed with clear glass. 3. All awnings shall project horizontally from the building façade a minimum of six feet where provided. G. ARCADE BUILDING FRONTAGES (SEE FIGURE NO. 2 — E). 1. All arcade building frontages may encroach to within two feet of the curb. 2. All arcade building frontages shall provide a minimum vertical clearance of 10 feet, and shall project horizontally from the building façade for a minimum of 10 feet. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 15 OF 47 3. Public lighting and public planting may only be omitted where an arcade building frontage encroaches into the public right-of-way. 4. All arcade building frontages may be combined with shopfront building frontages. Sec. 102-412. - BUILDING FUNCTION. A. BUILDING FUNCTIONS GENERAL. 1. The buildings and the lots that are within the town center core zones and that are within the town center civic zones may have multiple building functions. 2. The allowable building functions within each town center zone shall be expressly limited to those that are identified in this Section. Any building function that is not identified in this Section shall be prohibited. i. The allowable commercial building functions other than lodging and office shall be restricted to the first floors and to the second floors of principal buildings. B. ALLOWABLE BUILDING FUNCTIONS IN TOWN CENTER EDGE. The allowable building functions in the town center edge zones shall be limited to the following: 1. Community Garden. 2. Home Occupation. 3. Private Garden (located within the building frontage). 4. Single-Family Residential (detached). C. ALLOWABLE BUILDING FUNCTIONS IN TOWN CENTER CORE. The allowable building functions in the town center core zones shall be limited to the following: 1. Amphitheater. 2. Bank. 3. Bar. 4. Barber Shop. 5. Bistro. 6. Café. 7. Childcare Center. 8. Coffee Shop. 9. Community Garden. 10. Conference Center. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 16 OF 47 11. Day Spa. 12. Dry Cleaner. 13. Electric Vehicle Charging Station. 14. Entertainment Establishment. 15. Food Truck Park. 16. Fountain. 17. Funeral Home. 18. Home Occupation. 19. Hotel (no room limit). 20. Light Manufacturing Facility (no noxious noise, odor, or traffic generation). 21. Live-Work Building. 22. Medical Clinic. 23. Mixed-Use Building. 24. Multi-Family Residential (allowed only in mixed-use buildings located within the building height waiver overlay district). 25. Office Building. 26. Open-Market Building. 27. Parking Structure. 28. Private Garden (located within the building frontage). 29. Public Art. 30. Research Facility. 31. Restaurant. 32. Retail Building, provided that the specific building function be further limited to the following: i. an apparel store; ii. an appliance store; iii. a bicycle shop; iv. a book store; v. a corner market (provided that a minimum of 50 percent of the total building area of the retail sales establishment is exclusively dedicated to the display and the sale of fresh fish, fresh meat, fresh produce, seasonal fruit, and other perishable agricultural products); EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 17 OF 47 vi. a dairy goods store; vii. a department store; viii. an electronics store; ix. a farmers market; x. a fitness center; xi. a florist; xii. a furniture store; xiii. a grocery store; xiv. a hardware store; xv. a home furnishings store; xvi. a jewelry store; xvii. a liquor store; xviii. a mail center; xix. an optical goods store; xx. a paint store; xxi. a pet store; xxii. a pharmacy; AND xxiii. a sporting goods store. 33. Salon. 34. Single-Family Residential (attached and detached). 35. Veterinary (no outdoor kennel). 36. Winery. D. ALLOWABLE BUILDING FUNCTIONS IN TOWN CENTER CIVIC. The allowable building functions in the town center civic zones shall be limited to the following: 1. Amphitheater. 2. Cemetery. 3. Civic Building. 4. College. 5. Fire Station. 6. Fountain. 7. Hospital. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 18 OF 47 8. Parking Structure. 9. Public Art. 10. Religious Assembly. E. ALLOWABLE OUTBUILDINGS AND ACCESSORY BUILDINGS. In all the town center zones, the allowable outbuildings and accessory buildings shall be limited to only the following: 1. Accessory Dwelling. 2. Greenhouse. 3. Storage Shed. 4. Swimming Pool. F. SPECIFIC USE PERMITS. The following building functions require a specific use permit that is subject to review and recommendation by the Planning and Zoning Commission and approval from the Town Council in accordance with the provisions found existing in Sec. 102-63 of the Town of Westlake, Texas Code of Ordinances within the town center edge zones and within the town center core zones: 1. Bed and Breakfast (up to five rooms). 2. Electric Sub-station. 3. Kennel (outdoor). 4. Sports Field. 5. Stable. G. ADDITIONAL RESTRICTIONS. The following building functions shall be further restricted as provided in below: 1. Bed and Breakfast (up to five rooms): i. The lodging shall be owner-occupied. ii. Food service may be provided in the morning. iii. The maximum length of stay shall not exceed 14 days. 2. Civic Building: i. The civic building may be allowed a commercial building function or commercial building functions on the first floor and the second floor, provided that the specific building function shall be restricted to food service and retail sales establishments. The specific EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 19 OF 47 occupancy of retail sales establishments shall be further restricted to a book store, a corner market, a fitness center, a florist, a mail center, and a pharmacy. 3. Home Occupation: i. The business owner shall reside at the property. ii. The maximum number of employees and the maximum number of occupants shall not exceed two. 4. Hotel: i. Food service may be provided at all times. 5. Light Manufacturing Facility: i. The building area available for retail activity is restricted to the first floors and to the second floors of principal buildings at locations along an arterial thoroughfare. ii. A minimum of 30 percent of the total building area shall be allocated to retail activity. 6. Live-Work Building: i. The commercial component is restricted to the first floor and the residential component is restricted to the upper floor, or the upper floors of the principal building. The residential component shall be a minimum of 1,500 square feet and shall meet basic habitability requirements. ii. The lot for each live-work building shall be restricted to the locations along a collector thoroughfare. iii. The business owner shall reside at the property. iv. The maximum number of employees and the maximum number of occupants shall not exceed four. 7. Multi-Family Residential: i. Multi-family residential units are prohibited on the first floor of mixed-use buildings. ii. Multi-family residential units are expressly restricted to those mixed-use buildings that are at locations within the building height waiver overlay district. The first floor shall be confined to a commercial building function or to commercial building functions for a minimum depth of 40 feet. Parking may be located behind the building area allocated to the commercial building function or to the commercial building functions. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 20 OF 47 8. Retail Building: i. The building area available for retail activity is restricted to the first floors and to the second floors of principal buildings at locations along an arterial thoroughfare or a collector thoroughfare. H. PROHIBITED USES. The following uses are additionally not allowed within this form-based development district: 1. [RESERVED]. 2. Automotive repair facility and automotive service facility. 3. Card room and gambling facility. 4. Drive-through facility. 5. Pawn shop, secondhand shop, and thrift store. 6. Retail sales of guns and weapons as a primary use. 7. Tattoo parlor and body piercing parlor. Sec. 102-413. - PARKING STANDARDS. A. GENERAL. 1. The parking requirements shall be determined by the building function as provided in below. i. Liner buildings that are less than 30 feet deep and that are no more than two stories in building height shall be exempt from the parking requirements. 2. The required parking provided for the other building functions may include the actual parking spaces that are provided within the lot and along the parking lane that corresponds to the lot. i. All on-street parking shall remain available to the public and cannot be restricted to use by the fronting lots. 3. The required parking provided for the other building functions within the town center core zones and within the town center civic zones may be adjusted downward according to a completed shared parking study submitted to the Town Manager or their designee for review and approval. 4. The required parking provided for the other building functions within the town center core zones and within the town center civic zones may be provided by purchase or by lease from a parking lot or a parking structure within 800 feet of the lot. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 21 OF 47 B. PARKING ACCESS. 1. All required parking on single-family residential lots 60 feet or larger in width may be accessed from the building frontage. 2. All required parking for detached single-family residential lots less than 60 feet wide shall be accessed from a rear alley. 3. All required parking for attached single-family residential lots shall be accessed from a rear alley. 4. Vehicular entrances to parking lots and to parking structures shall not exceed 24 feet in width at the building frontage. 5. All pedestrian access to parking lots and to parking structures shall be directly to a lot line bordering a thoroughfare or a civic space, not directly into a building, except for underground parking levels. C. PARKING LOCATION. 1. All garages for attached single-family residential units and all garages for detached single-family residential units on lots less than 60 feet wide shall be located at the rear of the lot. 2. All parking lots and all parking structures may only be located at the side of the lot and at the rear of lot. i. Parking lots are prohibited within the town center edge zones. D. SPECIFIC TO RESIDENTIAL BUILDING FUNCTIONS. 1. Town center edge zones. The number of dwelling units on each lot is limited to one within a principal building and to one within an outbuilding, with 2.0 assigned parking spaces for each dwelling unit provided at a minimum. 2. Town center core zones. The number of dwelling units on each lot is limited by the requirement of 1.5 assigned parking spaces for each dwelling unit provided at a minimum. i. Required parking for multi-family residential units shall be provided within a parking structure. E. SPECIFIC TO LODGING BUILDING FUNCTIONS. 1. Bed and Breakfast (up to five rooms). The number of bedrooms available for lodging is limited by the requirement of 1.0 assigned parking spaces for each bedroom, up to five, in addition to the required parking for the dwelling unit. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 22 OF 47 2. Hotel (no room limit). The total number of bedrooms available for lodging is limited by the parking requirement of 1.0 assigned parking spaces for each bedroom. The building area allocated for food service shall be calculated and provided with parking according to the retail building function. F. SPECIFIC TO OFFICE BUILDING FUNCTIONS. The building area on each lot made available for office use is limited by the requirement of 3.0 assigned parking spaces per 1,000 square feet of net office space. G. SPECIFIC TO RETAIL BUILDING FUNCTIONS. The building area on each lot made available for retail use is limited by the requirement of 4.0 assigned parking spaces per 1,000 square feet of net retail space, except that retail spaces under 3,000 net square feet may obtain approval from the Town Manager or their designee in order to reduce parking requirements. H. SPECIFIC TO OTHER ALLOWABLE BUILDING FUNCTIONS. For the other allowable building functions, the buildable density and the intensity of the building function shall be determined by the provisions set forth in Sec. 102-155 of the Town of Westlake, Texas Code of Ordinances. I. VALET PARKING PROGRAMS. 1. Developers may provide valet parking program for commercial projects and for mixed-use projects in accordance with the parking requirements set forth in this form-based development district in order to offset a maximum of 50 percent of the required parking for the project. Valet parking programs shall be subject to review and approval by the Town Manager or their designee. J. SHARED PARKING STUDIES. 1. Developers may commission a shared parking study providing evidence that the parking requirements set forth in this form-based development district are above or are below the parking needed for the project. Sec. 102-414. - LANDSCAPE STANDARDS. A. GENERAL. 1. All planting in the building frontage and in the private lot shall consist of non-invasive species. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 23 OF 47 2. All planting in the building frontage and in the private lot shall only be permitted as specified in Appendix D in Sec. 102 of the Town of Westlake, Texas Code of Ordinances. B. SPECIFIC TO DOORYARD BUILDING FRONTAGES. 1. One walkway that is no wider than five feet and that provides access to the principal entrance shall be allowed at the building frontage. i. The walkway may consist of pervious materials, subject to review and approval by the Town Manager or their designee. 2. Trees and shrubs are required in the building frontage. i. A minimum of one tree shall be planted for every 30 feet of building frontage length. C. SPECIFIC TO STOOP BUILDING FRONTAGES. 1. One walkway that is no wider than five feet and that provides access to the principal entrance shall be allowed at the building frontage. i. The walkway may consist of pervious materials, subject to review and approval by the Town Manager or their designee. 2. Trees and shrubs are required in the building frontage. i. A minimum of one tree shall be planted for every 30 feet of building frontage length. D. SPECIFIC TO FORECOURT BUILDING FRONTAGES. 1. Trees and shrubs are not required in the building frontage. 2. Trees planted in the building frontage may match the required trees planted in the public right-of-way. 3. Driveways are allowed in the building frontage. i. All driveways shall be paved in a brick material, a cobble material, a concrete material, or a stone material. E. SPECIFIC TO SHOPFRONT BUILDING FRONTAGES AND ARCADE BUILDING FRONTAGES. 1. Trees and shrubs are not required in the building frontage. 2. The building frontage may be paved. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 24 OF 47 i. All paving materials in the building frontage are subject to review and approval by the Town Manager or their designee. F. SPECIFIC TO PARKING LOTS. 1. All parking lots consisting of 20 or less spaces shall be exempt from landscaping requirements. 2. All parking lots exceeding 20 spaces shall require that one tree be planted for every 10 spaces. 3. All parking lots shall be visually screened from thoroughfares and from civic spaces either by a streetscreen or a hedge. i. Screening shall not be required either where the parking lot is bordered by a rear alley or is bordered by a building. 4. All parking lots shall be paved in brick, in cobble, in concrete, or in stone. Sec. 102-415. - SIGNAGE STANDARDS. Unless otherwise noted below, all applicable regulations and all applicable rules as found in Chapter 70 of the Town of Westlake, Texas Code of Ordinances shall apply to properties that are developed or that are redeveloped in accordance with the provisions of this form-based development district. A. SIGNAGE SPECIFIC TO RESIDENTIAL BUILDING FUNCTIONS. For residential building functions, signage shall be limited to the following only: 1. Address number signs. One address number, that is not more than six inches measured vertically, may be attached to the building in proximity to the principal entrance or at a mailbox. B. SIGNAGE SPECIFIC TO COMMERCIAL BUILDING FUNCTIONS AND TO CIVIC BUILDING FUNCTIONS. For all commercial building functions and for all civic building functions, signage shall be limited to the following only: 1. Wall signs. One wall sign, and that is not more than three feet in height, may be applied to the building façade at the building frontage. 2. Awning signs. Awnings may include signage in the form of text along the flap, no taller than six inches measured vertically, and text or graphics applied to the sloping plane of the awning. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 25 OF 47 3. Blade signs. One blade sign for each first floor business, either made of a metal material or a wood material and that is no larger than six square feet each, may be permanently installed perpendicular to the building façade. All blade signs shall be supported by metal brackets. i. Blade signs shall clear 10 feet above the sidewalk. 4. Window signs. One window sign for each business on the first floor, and that is not more than nine square feet in area, may be installed directly within the store interior in neon tubing or may be applied directly to the glazing at the building frontage. Businesses on corner lots may install one window sign at the building frontage and one window sign on the building façade that is along a lot line bordering a thoroughfare or a civic space. i. Opaque signboards shall not be allowed. 5. Wall murals. One wall mural that integrates art as the primary focus may be applied to one building façade that is either at the building frontage or that is along a lot line bordering a thoroughfare or a civic space. i. Wall murals shall not include sign elements advertising any business or any product. C. SPECIFIC TO THE TOWN CENTER EDGE ZONES. 1. Signage may be externally illuminated. Sec. 102-416. - BUILDING MATERIALS AND BUILDING CONFIGURATIONS. A. GENERAL. 1. The building materials and building configurations shall apply only to the construction and / or to the modification of buildings within the town center edge zones and within the town center core zones. 2. The buildings within the town center civic zones are exempted from the building materials and building configuration requirements as set forth in this Section. The architecture and the landscape architecture for construction and / or for modification of all buildings within the town center civic zones shall be prepared in coordination with the Town Manager, or their designee, and shall be approved by the Town Council. 3. The exterior finish materials used on all building façades shall be consistent in their details and their applications around the building and shall be consistent in construction EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 26 OF 47 quality around the building within the town center edge zones and within the town center core zones. 4. The building façades of mixed-use buildings shall differentiate the first floor commercial activities from the upper floor residential activities with distinguishing elements and expression lines, architectural projections, changes in windows, or changes in materials within the town center core zones. 5. The building façades at all residential building frontages shall require openings for doors and openings for windows between 15 percent and 40 percent of the total building wall area. 6. The finished floor elevation at the building frontage, and along all lot lines which border a thoroughfare or a civic space for a residential building function shall be 24 inches minimum from the average sidewalk grade. 7. The entrances to multi-family residential units on upper floors of mixed-use buildings shall be at sidewalk grade. 8. Fences, walls, and other suitable visual screens in accordance with the provisions found existing in Sec. 102-121 of the Town of Westlake, Texas Code of Ordinances, may be provided along side lot lines and along rear lot lines, except as modified as follows: i. All gates in fences, in walls, and in other visual screens shall either be made of a metal material or a wood material. ii. Barbed wire fencing and chain-link fencing shall not be allowed. B. BUILDING WALLS. 1. No more than two exterior finish materials shall be present on any building façade, excluding the basement, the allowed building attachments, and the allowed building projections. 2. The heavier of the exterior finish materials on a single building façade shall be located below the lighter material (e.g., stone located below brick; brick located below stucco; and stucco located below metal and wood). Transition in the exterior finish materials shall only run horizontally across the entire length of the building façade. 3. Where used on a single building, it is recommended that brick exterior finish material not be painted and be of an integral color. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 27 OF 47 4. Where used on a single building, it is recommended that stone exterior finish material: i. be natural rock and sourced from the region; AND ii. be laid dry-stack or mortared; AND iii. be weight-bearing and not applied; AND iv. be uniform in style, and ranging from coursed ashlar to uncoursed rubble. 5. Where used on a single building, it is recommended that wood exterior finish material either be painted or be sealed and stained. 6. Where used on a single building, it is recommended that trim be of the highest-grade lumber. 7. Fences and walls that are located at all building frontages and along all lot lines which border a thoroughfare or a civic space, shall be between three feet and six feet in height. i. Streetscreens are not considered fencing or walls for the purposes of this form-based development district. 8. Streetscreens shall be constructed of a material matching the adjacent building façade. 9. Arches and piers shall be constructed of a material and a color matching the adjacent building façade. 10. Columns shall either be made of a concrete material or a stone material. 11. Posts shall be made of a wood material. 12. All arches, columns, piers, and posts shall be no less than 12 inches in width and 12 inches in depth. 13. At all building frontages and along all lot lines which border a thoroughfare or a civic space, intercolumniation shall be vertically proportioned to the satisfaction of the Town Manager or their designee. 14. Outbuildings and accessory buildings shall be constructed of exterior finish materials matching the principal building façades, and shall have the same building roof style and building colors as the principal building. C. BUILDING OPENINGS. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 28 OF 47 1. At all building frontages and along all lot lines which border a thoroughfare or a civic space, openings for doors and openings for windows shall be vertical in proportion and rectangular in shape, with the exception of transom windows and shopfront windows. All the openings for doors and all the openings for windows in shopfront building frontages shall be in accordance with all of the regulations and all of the rules for shopfronts as provided for in this form-based development district. 2. At all building frontages and along all lot lines which border a thoroughfare or a civic space, openings for doors and openings for windows shall be evenly spaced along the building façade to create a harmonious architectural composition to the satisfaction of the Town Manager or their designee. 3. At all building frontages and along all lot lines which border a thoroughfare or a civic space, no building façade shall extend for over 20 feet in length without an opening for a door or an opening for a window. 4. At all building frontages and along all lot lines which border a thoroughfare or a civic space, the header heights for doors and windows shall be consistent in height to the satisfaction of the Town Manager or their designee. 5. Sliding doors and sliding windows are not allowed at building frontages and along lot lines which border a thoroughfare or a civic space. Sliding doors and sliding windows at shopfront building frontages may only be approved by the Town Manager or their designee. 6. Doors and windows shall be recessed from the building façade and shall not be attached. 7. Bay windows shall extend to the floor inside and to the ground outside or shall be supported by visible brackets. 8. Operable windows shall be single-hung, shall be double-hung, or shall be triple-hung casements. 9. Muntins either shall be true divided panes or shall be fixed on the interior surfaces and the exterior surfaces. 10. A minimum four-inch post shall separate multiple windows in the same rough opening to the satisfaction of the Town Manager or their designee. 11. Where used on a single building, exterior shutters either shall be louvered or shall be paneled only, and they shall be sized and shaped to match the associated openings. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 29 OF 47 12. Garage doors shall not exceed 12 feet in width and either shall be made of a wood material or a composite wood material. D. BUILDING ATTACHMENTS. 1. Awnings shall be sloping rectangles and shall be without side soffit panels and bottom soffit panels. 2. All chimneys shall extend to the ground, have a projecting cap on top, and be made of the exterior finish materials and the exterior colors of the building walls. 3. All decks shall be made of a wood material and shall be located within the side yard or within the rear yard. 4. All balconies and all bay windows shall be supported by visible brackets to the satisfaction of the Town Manager or their designee. Bay windows that extend to the floor inside and to the ground outside are allowed. 5. All balconies shall be made of a metal material that is finished to match the other metal material of the building, including doors and windows, or shall be finished in a wood material that is either painted or that is sealed and is stained to match the exterior finish materials on the building walls. 6. All balcony railings shall require top and bottom rails centered on the balusters and the bottom rails shall not be flush with the floor. i. Balcony railings shall be made of a metal material. 7. It is recommended that porch floors at building frontages and along lot lines which border a thoroughfare or a civic space be constructed either of a stone material or a wood material. 8. It is recommended that stoops be constructed of either a brick material or a stone material. E. ROOFS. 1. Principal roofs shall be symmetrically pitched with slopes that are no less than 8:12; except that principal roofs with low-slopes (i.e., flat) shall only be allowed within the town center core zones. 2. Principal roofs, where flat, shall be surrounded on all sides by a horizontal parapet wall no less than 42 inches high where the roof deck meets the parapet wall. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 30 OF 47 3. Secondary roofs (i.e., roofs attached to the building façades of the principal building) shall be pitched with slopes between 3:12 and 8:12. 4. It is recommended that sloped roofs be clad in asphalt shingle, concrete tile, slate, or terra cotta tile. i. Sloped roofing material may include metal provided that it complements an architectural style while minimizing glare. 5. All roof penetrations, including vent stacks, shall be placed on the roof slope that does not face a building frontage and roof penetrations shall be finished to match the color of the roof. Sec. 102-417. - SHOPFRONTS. A. SHOPFRONT DESIGN. Shopfront windows, doors, signage, awnings, details, and lighting shall be designed as a unified composition. 1. [RESERVED]. B. SHOPFRONT HEIGHT. All first floors of commercial buildings and of mixed-use buildings shall require a minimum of 16-foot tall ceilings as measured between the finished floor and the finished ceiling. C. SHOPFRONT KNEE WALLS. All shopfronts shall require a minimum 18-inch high knee wall or kick plate along all frontage lines. Shopfront knee walls or kick plates shall be a maximum of 36 inches high above the adjacent sidewalk. All knee walls and all kick plates shall also be designed as an integral component of the overall shopfront. D. SHOPFRONT DOORS. All shopfront doors shall be recessed from the building façade to allow the door (or the doors) to swing out, without obstructing pedestrian flow on the sidewalk. Each tenant space shall have at least one three-foot wide door at the main entry. Shopfront doors are also encouraged at building corners. Where appropriate, sliding doors and / or sliding windows that will allow the activity of the business to open adjacent to and onto the public sidewalk may be installed for cafés, restaurants, and other food service establishments, subject to approval by the Town Manager or their designee. Rear doors and side doors, and windows facing rear alleys and / or parking lots shall be encouraged but are not required. E. SHOPFRONT WINDOWS. Shopfronts shall be glazed with clear glass for no less than 70 percent of the first floor building façade as measured between the finished floor and the finished ceiling including the mandatory knee wall and the glass area of the front door. Shopfront EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 31 OF 47 glass shall be no more than 10 percent tinted. Mirrored glass and reflective glass shall not be permitted along shopfront building frontages. i. Shopfront windows may also include transom windows; and transom windows shall have dividing muntins. ii. Shopfront windows may encroach into the front setback up to five feet in depth. iii. Shopfront windows may include awnings, but awnings shall not be internally backlit. F. SECURITY GATES AND SECURITY SHUTTERS. Solid metal security gates and solid roll-down shutters are not permitted. Interior link or grill security devices shall only be permitted if they can be completely enclosed or hidden from view when not in use, and shall be subject to approval by the Town Manager or their designee. G. DESIGN FOR TENANT FLEXIBILITY. The design for all first floor and for all second floor commercial spaces shall anticipate restaurant requirements. Accommodation for restaurant venting and sewage utilities such as grease traps and interceptors shall be designed into the building. Designs shall also anticipate potential commercial power and gas load needs. In addition, buildings shall also provide maximum clear space between interior columns for first floor retail and activity spaces. H. DESIGN ALTERNATIVE FOR SHOPFRONT BUILDING FRONTAGES. The design alternative for shopfront building frontages is a procedure that allows for development and redevelopment to occur where the intent of a design related provision for shopfronts is met through an alternative design. Design alternatives for shopfront building frontages are not a general waiver of specific requirements for architecture and landscape architecture; rather, it permits a site- specific plan that is equal to or better than the strict application of a requirement for shopfront building frontage architecture and / or landscape architecture that will result in a furtherance of the goals for safe thoroughfares and safe civic spaces. The design alternative for shopfront building frontages shall demonstrate conformance with the intent for shopfront building frontages, and shall be reviewed and acted upon only by the Town Council. The Town Council shall find that the following criteria are met: EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 32 OF 47 1. That the proposed design alternative achieves the intent of the subject standard for architecture or landscape architecture to the same or better degree than the subject standard for shopfront building frontages; AND 2. That the proposed design alternative results in benefits to the community that are equivalent to or better than compliance with the architecture or landscape architecture standard. Sec. 102-418. - SCREENING. A. Building mechanical equipment shall be visually screened, and shall not be located along lot lines bordering a thoroughfare or a civic space. B. Building mechanical equipment located on roof tops shall be visually screened from all sides by either an opaque screen enclosure or by parapet walls, either of which shall be at least 12 inches greater in height than the equipment. C. Building mechanical equipment located in the rear yard and the side yard shall be visually screened from frontage lines by either a screening structure constructed of a principal exterior finish material matching the adjacent building façade or by landscape either of which shall be equal to or greater than the height of the equipment. D. Outdoor refuse / recycling collection receptacles shall not be located along a frontage line and shall only be located in the rear yard and the side yard. All outdoor refuse / recycling receptacles shall be screened from view on all sides by an opaque wall with the exception of the access doors only, that is constructed of a principal exterior finish material matching the adjacent building façade and that is equal to or greater than the height of the receptable. All access doors into outdoor refuse / recycling receptacles shall be constructed of opaque metal that matches the height of the wall. Lids are required on all outdoor refuse / recycling receptacles that are not in a roofed enclosure. 1. Outdoor refuse / recycling receptacles shall only be located off a rear alley where available. Sec. 102-419. - NOISE RESTRICTION REGULATIONS AND RULES. The noise restriction regulations and rules found in Sec. 102-183 of the Town of Westlake, Texas Code of Ordinances shall apply to all properties throughout this form-based development district. The noise restriction regulations and rules that are found in Sec. 102-183 (b) of the Town of EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 33 OF 47 Westlake, Texas Code of Ordinances shall also apply within all town center edge zones and within all town center core zones where residential building functions are allowed by-right. Sec. 102-420. - EXISTING CONDITIONS. A. The Town Manager, or their designee, shall have the administrative authority to require proposed buildings match the building setbacks and / or the building heights of the adjacent buildings rather than the provisions of this form-based development district where buildings exist on adjacent lots. B. [RESERVED]. Sec. 102-421. - NON-CONFORMITIES. A. The temporary or the illegal use of property shall not be sufficient to establish the existence of a non-conformity or to create rights in the continuation of a non-conformity. Sec. 102-422. - DEFINITIONS AND SYNONYMS. This Section provides definitions for terms used in this Article that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Section, then the Town Manager or their designee shall determine the correct definition. ACCESSORY BUILDING: A structure that is subordinate to a principal building on the same lot. ACCESSORY DWELLING: A residential unit sharing a lot and utility connections with a principal building; and it may or it may not be within an outbuilding (VARIANT: ACCESSORY DWELLING UNIT). ARCADE BUILDING FRONTAGE: A building frontage that is principally for retail use wherein the building façade is a colonnade supporting habitable space that overlaps the sidewalk, while the building façade at the sidewalk level remains at or behind the frontage line. ATTIC: The interior part of a building contained within a pitched roof structure. AWNING: A fixed shading structure constructed from metal or wood, cantilevered or otherwise entirely supported from a building, and that is used to protect outdoor spaces from sun, rain, and other natural conditions. Awnings are typically used to cover outdoor seating for cafés and restaurants. BACKBUILDING: A single-story structure that extends to the rear of a principal building and that is often connected to an outbuilding. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 34 OF 47 BED AND BREAKFAST: An owner-occupied lodging offering up to five bedrooms, that is permitted to serve breakfast in the mornings to guests. BLADE SIGN: A sign made from a rigid material, and mounted perpendicular to a building façade with one side that is attached to or supported by a device extending from a building façade. BLOCK: The aggregate of private lots, cross-block passages, and rear alleys that are circumscribed by the public right-of-way. BUILDING DISPOSITION: The placement of a building on its lot. BUILDING FAÇADE: An exterior wall of a building. BUILDING FRONTAGE BUILD-OUT: The percentage of the lot width required to be occupied by the building façade within the front setback. BUILDING FUNCTION: The use or the uses accommodated by a building and its lot. BUILDING HEIGHT: The vertical extent of a building measured in stories. CIVIC BUILDING: A building operated by not-for-profit organizations dedicated to arts, culture, education, and municipal government. CIVIC SPACE: An outdoor area that is permanently dedicated for public use. COMMERCIAL: The term collectively defining lodging, office, and retail activities. CORNER LOT: A lot or a parcel of land abutting two or more thoroughfares and / or cross-block passages at their intersection. CROSS-BLOCK PASSAGE: A publicly accessible way restricted to pedestrian use and limited vehicular access, that provides access through a block. DENSITY: The number of housing units within a standard measure of land area. DOORYARD BUILDING FRONTAGE: A building frontage with a shallow setback, and either a front garden or a patio, usually with a low wall at the frontage line (VARIANT: LIGHTWELL, LIGHT COURT). DRIVEWAY: A vehicular lane within a property, often leading to a garage. ENCROACH: To break the plane of either a vertical or horizontal regulatory limit with a structural element, so that it extends into a setback, into a building frontage, or above a building height limit. ENTERTAINMENT ESTABLISHMENT: Characterizing premises made available for the amusement and the recreational needs of the community including, but not limited to, a bowling lane, an interactive golf driving range, a laser tag offering, and a video arcade. An EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 35 OF 47 entertainment establishment may also provide food service and performance but it shall remain open to the public and shall not restrict or exclude any person that is under 18 years of age. FLAT: See MULTI-FAMILY RESIDENTIAL UNIT. FOOD TRUCK PARK: A site for permanent location of three or more food trucks. Such locations shall include the required infrastructure and public seating for all food trucks serving in the park. FORECOURT BUILDING FRONTAGE: A building frontage wherein a portion of the building façade is close to the front lot line, and the central portion is set back. FRONT SETBACK: The distance as measured from the front lot line to the point where a building may be constructed. This area shall be maintained clear of permanent structures with the exception of encroachments. GREEN: A civic space for unstructured recreation, spatially defined by planting rather than building frontages. HOME OCCUPATION: A non-retail commercial enterprise. INTENSITY: The magnitude of development allowed. INTERCOLUMNIATION: The distance between two columns. LIGHT MANUFACTURING FACILITY: Premises that is available for the creation, the assemblage, and / or the repair of artifacts, using only table-mounted electrical machinery or artisanal equipment and including their retail sale. LINER BUILDING: A building that is specifically designed to mask a parking lot or a parking structure from a building frontage or a lot line which borders a thoroughfare or a civic space. LIVE-WORK BUILDING: A mixed-use unit consisting of a residential component and a commercial component. The commercial component is restricted to the first floor of the unit. The residential component functions as a multi-family residential unit that is restricted to the upper floors of the unit. The unit is only intended to be occupied by a business operator who also lives in the same unit that contains the commercial activity. LODGING: Characterizing a type of building function available for daily and for weekly renting of bedrooms. LOT: A parcel of land accommodating a building or buildings. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 36 OF 47 LOT COVERAGE: The percentage of a lot that is covered by buildings and other roofed structures. LOT LINE: The boundary that legally and that geometrically demarcates a lot. MEETING HALL: A building made available for gatherings. MULTI -FAMILY RESIDENTIAL UNIT: A residential unit sharing a building and a lot with first floor commercial activity; and it may or it may not share the same building and the same lot with other units (SYNONYM: FLAT). MURAL: Any piece of artwork that is painted, that is tiled, or that is otherwise applied directly on a building façade. OFFICE: Characterizing premises available for transaction of general business, but excluding artisanal uses, manufacturing uses, and retail uses. OPEN-MARKET BUILDING: A building that is operated by a farmers’ market for the sale of fresh fish, fresh meat, fresh produce, seasonal fruit, and other perishable agricultural products. OTHER BUILDING FUNCTION: Any building function other than residential. OUTBUILDING: An accessory building, that is usually located toward the rear of the same lot as a principal building, and that is sometimes connected to a principal building by a backbuilding. PARK: A civic space designed as a natural preserve available for unstructured recreation. PARKING STRUCTURE: A building containing one or more stories of vehicular parking above or below grade. POCKET PARK: See PARK. PORCH: An open-air room that is appended to a building, with floor and roof but no walls on the sides facing lot lines along a thoroughfare or a civic space. PRINCIPAL BUILDING: The main building on a lot. PRINCIPAL ENTRANCE: The main point of pedestrian access into a building. PUBLIC RIGHT-OF-WAY: The land that is used for pedestrians, for vehicles, and for utilities to provide access to lots and to civic space. REAR ALLEY: A private thoroughfare that is designated to be a secondary means of vehicular access to the rear or to the side of properties; a rear alley may connect to a vehicular EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 37 OF 47 driveway located to the rear of lots providing access to outbuildings, parking and service areas. A rear alley may contain utility easements. REGULATING PLAN: A map or a set of maps that shows the town center zones, the civic spaces, and the thoroughfare assignments of all areas subject to, or potentially subject to, regulation by the provisions set forth in this form-based development district. REQUIRED PARKING: The number of parking spaces required to accommodate a building function or multiple building functions on a single lot. RESEARCH FACILITY: Premises made available for research and development, and that does not involve the use of testing on humans, testing on animals, incinerators, manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, equipment facilities, or the retail sale of any products. RESIDENTIAL: Premises made available for long-term human dwelling. RETAIL: Premises made available for the sale of merchandise and food service. SETBACK: The area of a lot measured from the lot line to a building façade, that is maintained clear of permanent structures, with the exception of allowed encroachments (VARIANT: BUILD-TO LINE). SHOPFRONT BUILDING FRONTAGE: A building frontage conventional for retail with substantial glazing wherein the building façade is aligned close to the frontage line with the building entrance at sidewalk grade. SIDEWALK: The paved section of the building frontage dedicated exclusively to pedestrian activity (SYNONYM: WALKWAY). SQUARE: A civic space designed for unstructured recreation and civic purposes, spatially defined by building frontages and consisting of paths, lawns, and trees, all formally disposed. STOOP BUILDING FRONTAGE: A building frontage wherein the building façade is aligned close to the frontage line with the first story elevated sufficiently from the adjacent sidewalk for privacy, with an exterior stair and a landing at the building entrance. STREETSCREEN: A freestanding wall built along the frontage line, or coplanar with a building façade. WINDOW SIGN: A logo inscribed on the shopfront glass. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 38 OF 47 FIGURE NO. 1 — A. TOWN CENTER EDGE ZONES (CHARACTER). EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 39 OF 47 FIGURE NO. 1 — B. TOWN CENTER CORE ZONES (CHARACTER). EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 40 OF 47 FIGURE NO. 1 — C. TOWN CENTER CORE ZONES (CHARACTER). EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 41 OF 47 FIGURE NO. 1 — D. BUILDING HEIGHT WAIVER OVERLAY (CHARACTER). EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 42 OF 47 FIGURE NO. 2 — A. DOORYARD BUILDING FRONTAGE. FIGURE NO. 2 — B. STOOP BUILDING FRONTAGE. FIGURE NO. 2 — C. FORECOURT BUILDING FRONTAGE. FIGURE NO. 2 — D. SHOPFRONT BUILDING FRONTAGE. FIGURE NO. 2 — E. ARCADE BUILDING FRONTAGE. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 43 OF 47 FIGURE NO. 3. OUTDOOR SERVING AREA. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 44 OF 47 FIGURE NO. 4 — A. CIVIC SPACE. GREEN PARK POCKET PARK SQUARE FIGURE NO. 4 — B. CIVIC SPACE CHARACTER (POCKET PARK). EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 45 OF 47 FIGURE NO. 5 — A. WALL SIGN. EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 46 OF 47 FIGURE NO. 5 — B. BLADE SIGN. FIGURE NO. 5 — C. WINDOW SIGN EXHIBIT “A” - TC, TOWN CENTER FORM-BASED DEVELOPMENT DISTRICT PAGE 47 OF 47 FIGURE NO. 5 — D. ADDRESS NUMBER SIGN.