HomeMy WebLinkAboutOrd 200 Adopting the Comprehensive ZoningORDINANCE NO. 200
AN ORDINANCE ADOPTING THE COMPREHENSIVE ZONING ORDINANCE
OF 1992 FOR THE TOWN OF WESTLAKE, TEXAS, INCLUDING, BUT
NOT LIMITED TO ARTICLES ESTABLISHING ZONING DISTRICTS,
DEFINING CERTAIN TERMS; REGULATING THE LOCATION, SIZE,
HEIGHT, BULK AND USE OF BUILDINGS IN SUCH RESPECTIVE
DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE
DISTRICT; FIXING THE PERCENTAGE ANY LOT OR TRACT OF LAND
TO BE OCCUPIED IN THE VARIOUS DISTRICTS; REGULATING THE
DENSITY OF STRUCTURES, BUILDINGS, INDUSTRY AND RESIDENCES
AND THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS
AND STRUCTURES IN EACH PARTICULAR DISTRICT; PROVIDING FOR
THE ADOPTION OF AN OFFICIAL ZONING MAP UPON THE REZONING
OF PROPERTY; PROVIDING FOR AN APPLICATION PROCESS AND
PROCEDURES; PROVIDING A PENALTY FOR VIOLATIONS OF THIS
ORDINANCE; PROVIDING A SAVING CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on the 13th day of November, 1972, the Board of
Aldermen of the Town of Westlake, Texas, in accordance with State
of Texas Enabling laws, Article 1011 a to 1, Vernons Texas Civil
Statutes, did adopt a Comprehensive Zoning Ordinance and Zoning
District Map which classified the area within the corporate
boundaries into various use districts and, from time to time,
zoning changes and amendments have been enacted and adopted and
zoning districts have been expanded to cover territory annexed to
the Town of Westlake; and,
WHEREAS, through experience in administration of the
Ordinance the Board of Aldermen has found that the Comprehensive
Zoning Ordinance of the Town of Westlake, Texas as adopted November
13, 1972, no longer affords full protection of the general welfare
of the community and to the individual citizens in the peaceful
enjoyment of their homes and properties; and as a result of urban
growth and changing conditions has found it desirable in the
interest of promoting the health, safety, morals, convenience and
general welfare of the people to request the Planning and Zoning
Commission to make a comprehensive study of the Comprehensive
Zoning Ordinance, and the existing land uses, and to recommend such
changes in the Comprehensive Zoning Ordinance, and other
regulations as the Commission finds appropriate and desirable; and,
WHEREAS, The Town adopted a Comprehensive Plan on August
24, 1992 and the Plan requires that certain regulations,
requirements and standards be adopted by the Town and certain
zoning districts and regulations be established in order to
implement the provisions of the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission, after study
is of the opinion that the Comprehensive Zoning Ordinance of the
Town of Westlake should be changed in order to best serve the
public interest and general welfare, and to lessen the congestion
in the street, to provide increased safety from fire, panic and
other dangers, to provide adequate light and air, to prevent
overcrowding of land, to avoid undue concentration of population,
and to facilitate the provision of adequate transportation, water,
sewerage, schools, parks, and other requirements; and
WHEREAS, the zoning regulations and zoning districts as
hereinafter prescribed represent changes from the zoning
regulations and zoning districts contained in the Comprehensive
Zoning Ordinance of the Town of Westlake adopted on the 13th day of
November, 1972, and as subsequently amended, and whereas such
changes have been made in the public interest after study and in
accordance with a Comprehensive Plan, and whereas developments
which occurred under the provisions of the Comprehensive Zoning
Ordinance of the Town of Westlake adopted on the 13th day of
November, 1972, and as subsequently amended, are recognized and
insofar as existing land use and conditions prescribed the zoning
district boundaries prevailing under the preceding Ordinance were
generally retained; it being the declared purpose of the Ordinance
to revise and bring into conformance with changed conditions the
zoning regulations and districts and to preserve and protect the
appropriate use of the land in the Town of Westlake heretofore
established; and
WHEREAS, the Town believes that the interests of the
Town, the present and future residents and citizens of the Town,
and developers of land within the Town are best served by adopting
a new Comprehensive Zoning Ordinance for the Town which
incorporates changes, amendments, additions and deletions in zoning
districts and zoning regulations and implements the zoning
districts and regulations referenced in the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE TOWN OF WESTLAKE:
The Comprehensive Zoning Ordinance of 1992 Page - 2
ARTICLE I.
ESTABLISHMENT OF ZONING DISTRICTS:
PROVISION FOR OFFICIAL ZONING MAP
SECTION 1. - ZONING MAP
A. Official Zoning Map - The Town of Westlake is hereby
divided into ten (10) zones, or districts. When property
in Westlake is rezoned in accordance with this ordinance,
an Official Zoning Map, together with all explanatory
matter thereon, will be adopted by reference and declared
a part of this ordinance. The zones, or districts,
hereby established are and shall be known and cited as:
ZONING DISTRICTS
ABBREVIATED DESIGNATION ZONING DISTRICT NAME
11R200"
Country Residential
"R40"
Estate Residential
1IR20"
Neighborhood Residential
1IR20C"
Cluster Residential
"MF"
Multi -Family Residential
"R"
Retail
"o"
Office Park
"O -I"
Office - Industrial Park
"PD"
Planned Development District
"S"
Special
B. The Official Zoning Map, when adopted, shall be
identified by the signature of the Mayor attested by the
Town Secretary, under the following words:
"This is to certify that this is the
Official Zoning Map referred to in
ARTICLE I of the Comprehensive Zoning
Ordinance of 1992, Ordinance No.
of the Town of Westlake, Texas" together
with the date of adoption of this
ordinance."
Until rezoning in conformance with this Ordinance occurs
on one or more tracts, the Official Zoning Map shall be
the zoning as determined by Ordinance No. 49, as amended.
C. When changes are made in district boundaries or other
matter portrayed on the Official Zoning Map, such changes
shall be entered on the Official Zoning Map by the Town
Secretary promptly after the amendment has been approved
The Comprehensive Zoning Ordinance of 1992 Page - 3
by the Board of Aldermen, and the change shall note the
ordinance number and date that the change was approved.
D. No changes of any nature shall be made in the Official
Zoning Map or matter shown thereon except in conformity
with the procedures set forth in this ordinance. Any
unauthorized change of whatever kind by any person or
persons shall be considered a violation of this
ordinance.
E. The original reproducible tracing of the Official Zoning
Map shall be located in the Office of the Town Secretary
in the Town Hall and shall be the final authority as to
the current zoning status of land and water areas,
building and other structures in the Town of Westlake.
F. The Board of Aldermen may by resolution adopt a new
Official Zoning Map should the original reproducible
tracing of the Official Zoning Map be damaged, destroyed,
lost or become ambiguous because of the nature or number
of changes and additions. The new Official Zoning Map
may correct drafting or other errors or omissions in the
prior Official Zoning Map, but no other correction shall
have the effect of amending the original Official Zoning
Map or any subsequent amendment thereof. The new
Official Zoning Map shall be identified by the signature
of the Mayor attested by the Town Secretary, under the
following words:
"This is to certify that this Official Zoning
Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of Map
being replaced) as a part of the Comprehensive
Zoning Ordinance of the Town of Westlake,
Texas."
G. Unless the prior Official Zoning Map has been lost, or
has been totally destroyed, the prior map or any
significant parts thereof remaining, shall be preserved,
together with all available records pertaining to its
adoption or amendment.
SECTION 2. - RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of zoning
districts as shown on the Official Zoning Map, the following
rules shall apply:
A. Boundaries indicated as approximately following the
center lines of streets, highways, or alleys shall be
construed to follow center lines;
The Comprehensive Zoning Ordinance of 1992 Page - 4
B. Boundaries indicated as approximately following platted
lot lines shall be construed as following lot lines;
C. Boundaries indicated as following Town limit lines shall
be construed as following such Town limits;
D. Boundaries indicated as parallel to or extensions of
features indicated in Subsections a. through c. above
shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined
by the scale of the map;
E. Where physical or cultural features existing on the
ground are at variance with those shown on the Official
Zoning Map, or in other circumstances not covered by
Subsections A. and B. above, the Board shall interpret
the district boundaries.
SECTION 3. - PURPOSE OF ZONING DISTRICTS.
A. Each zoning district herein established is provided for
a specific purpose and in accordance with a comprehensive
plan for the location of various types of uses throughout
the Town as follows:
1. "R200"_, Country Residential District: This
district is intended to be composed of single
family dwellings on minimum lots of approximately
five (5) acres together with public schools,
churches, parks and open spaces essential to create
a rural residential character. These Country
Residential districts are intended to provide an
opportunity for rural character residential
development. It may also be used in areas with
steep topographic changes in order to minimize
alteration of the terrain.
2. "R40", Estate Residential District: This district
is intended to be composed of single family
dwellings on minimum lots of approximately one (1)
acre for the subdivision together with schools,
churches, parks and open spaces. Such developments
offer the ability to develop at a higher density
without compromising the rural residential
character of the Town. This district may also be
used in certain areas to reduce the impact of
development on sites with distinct slopes.
3. "R2011, Neighborhood Residential: This district is
intended to be composed of single family dwellings
on minimum lots of approximately a half acre,
The Comprehensive Zoning Ordinance of 1992 Page - 5
together with public schools, churches, parks and
open spaces. It is intended to be applied to
relatively flat land where building sites may be
created without the use of retaining walls and the
removal of significant amounts of vegetation or
mature trees.
4. 11R20C11 Cluster Residential District: This district
is intended to be composed of single family
dwellings together with public schools, churches,
parks and open spaces. It is intended to allow for
the clustering of lots in order to preserve
vegetation, open space, topographical features and
natural floodplains. It may be applied to property
where an average gross density of up to 2 units per
acre is appropriate. This district should ensure
the preservation of natural features and amenities
while maximizing development.
5. "MF", Multi -Family Residential District: This
district is intended to allow for multi -family
residential development in areas where additional
requirements for streets, utilities, drainage, open
space and landscaping are met. This district
requires approval of a site plan prior to
development.
6. "R11, Retail District: This district is a retail
category intended to serve local residents and
businesses as well as permit hotels and motels, and
restaurants. The "R11 District occurs most often at
limited corner locations at intersections of major
thoroughfares. Off-street parking requirements are
set out for business establishments in this
district as are the requirements for lot coverage.
7. 11011, Office Park District: The purpose and
objective of this classification and its
application is to allow planned office parks
consisting of office buildings for business and
professional use, research and development
complexes, and buildings for accessory uses. Off-
street parking and lot coverage requirements are
set out in this district.
8. 110/I11, Office Industrial District: The purpose of
this classification is to establish industrial
areas of high operational development and
environmental standards. Because there will be
significant neighboring residential and office park
development, the district permits offices and
The Comprehensive Zoning Ordinance of 1992 Page - 6
industries that are predominantly light in
character, have their operations conducted wholly
within buildings, minimize traffic congestion,
noise, glare, air pollution, fire and safety
hazards, and are compatible with adjacent land
uses.
9. "PD", Planned Development District:
The purpose of the Planned Development District is:
a. to provide greater flexibility in land use,
density, and other regulations, and to more
closely reflect special conditions of
development sites under a uniform plan or set
of special land use regulations which are
consistent with the Comprehensive Plan, which
may be amended to provide such consistency,
and community objectives;
b. to preserve the natural amenities and
environmental assets of the land, and the
rural character of the community;
C. to provide an appropriate balance between
intensity of development and the ability to
provide adequate supporting facilities and
services; and
d. to facilitate a more effective arrangement of
buildings, land uses and utilities, and to
protect contiguous land uses.
Any use or combination of uses listed in the Land
Use Schedule may be permitted within a planned
development district and the uses proposed in the
planned development district may be approved
regardless of the uses designated in the Landuse
Plan of the Comprehensive Plan. The uses to be
permitted in any specific Planned Development
District shall be enumerated in the ordinance which
created such a district.
Each planned development district shall constitute
an amendment to the Zoning Ordinance. Certain
maximum and minimum standards will be specified for
various use categories and certain provisions such
as yards, coverage, and building spacing are to be
determined by the particular design. Specific
development conditions and schedules can be
enforced with respect to a "PD", Planned
The Comprehensive Zoning Ordinance of 1992 Page - 7
Development District and failure to adhere to a
development schedule can be the basis for removing
part or all of the "PD", Planned Development
District from the Zoning District Map. Besides the
purpose of achieving flexibility and variety in the
physical pattern of the Town of Westlake, this
district should encourage a more efficient use of
open space and appropriate use of land. It is
included so that cognizance may be taken of the
surrounding property and the proper protection of
such property be provided for in locating and
approving a "PD", Planned Development District.
10. "S", Special District: This district is designed
to provide flexibility to a landowner to develop a
tract of land under one of several alternative uses
so long as the requirements for that use are met.
The district requires the applicant(s) to make a
Zoning request designating one of the uses
permitted in the district. The district requires
approval of a site plan prior to development.
SECTION 4. - REGULATIONS APPLICABLE TO ALL DISTRICTS
The following regulations shall apply to all zoning districts
listed in ARTICLE I and hereinafter defined in this ARTICLE.
A. No land or building shall be used or intended for any use
other than those permitted in the district wherein such
land or building is located.
B. No building shall be erected, reconstructed, enlarged,
structurally altered, or moved, in such manner as to
evade conformity with height, bulk, yard, lot area, use,
and other regulations for the district wherein such
building is located.
C. Every building hereafter erected, reconstructed,
enlarged, structurally altered, or moved, shall be
located on a lot as herein defined, and in no case shall
there be more than one principal building on one lot.
D. No yard, provided adjacent to a building for the purpose
of complying with provisions of this zoning code, shall
be considered as providing any part of a yard for another
building on the same lot or on an adjacent lot.
The Comprehensive Zoning Ordinance of 1992 Page - 8
E. No street or walkway shall serve as any part of a
required yard or minimum lot area although street rights
of way and open space may be used in determining
allowable units per acre in residential subdivisions.
F. Densities shall be calculated on the basis of the gross
site area including roadways, floodplain, open space, and
dedicated park areas. Notwithstanding this calculation
of density, other provisions and regulations may limit
the actual density allowed on a given site.
SECTION 5. - LISTING OF APPROVED PLANNED DEVELOPMENTS
Planned Developments that have been approved and appear on the
zoning maps are referenced by a Planned Development Number
(PD#) and the zoning district classification and/or uses
authorized by the particular zoning case. The listing of
approved Planned Developments will be documented in the
appendix of this Ordinance and identified as Appendix A.
SECTION 6. - LISTING OF APPROVED SPECIFIC USE PERMITS
Specific Use Permits that have been approved and appear on the
zoning maps are referenced by a Specific Use Number (SUP-#)
and the type of use authorized by those permits. The listing
of approved Specific Use Permits will be documented in the
appendix of this Ordinance and identified as Appendix B.
SECTION 7. - LISTING OF APPROVED SPECIAL DISTRICTS
Special Districts that have been approved and appear on the
zoning maps are referenced by a Special District Number (SD-#)
and the type of use authorized by those districts. The
listing of approved Special Districts will be documented in
the appendix of this Ordinance and identified as Appendix C.
SECTION S. - ZONING UPON ANNEXATION
Any territory annexed into the Town shall be zoned at the same
time or within sixty (60) days of annexation. If the property
is not zoned at the time of annexation, the Town shall not
grant any permits authorizing construction or development of
the property until the ordinance zoning the property and
amending the Official Zoning Map has been enacted by the Board
of Aldermen.
ARTICLE II. - PERMISSIBLE USES
The Comprehensive Zoning Ordinance of 1992 Page - 9
SECTION 1. - LAND USE SCHEDULE
A. Use of Land and Buildings
Buildings, structures and land shall be used only in
accordance with the uses permitted in the following "Land
Use Schedule", subject to all other applicable
requirements of this ordinance including Article III
zoning District Development Standards.
1. The symbol "X" shall mean that the use is permitted
as a principal use in that zoning district by
right.
2. The symbol "S" shall mean that the principal use is
permitted in that zoning district only after first
obtaining a "Specific Use Permit" as set forth in
Article III Zoning District Development Standards.
3. The Symbol "A" shall mean that this use is
specifically permitted as an accessory use to a
main use in the district. This does not exclude
other land uses which are generally considered
ancillary to the primary use.
4. The symbol "Yes" in the column titled "Site Plan"
shall mean that site plan approval is required
prior to issuance of a Building Permit, subject to
the requirements of Section IV.4. Required Site
Plan.
5. An asterisk (*) indicates that the use has special
standards or requirements listed in this section,
which it must meet in order to be allowed.
6. A blank square shall mean that the use is not
allowed in that zoning district as a principal use.
[Land Use Schedule]
The Comprehensive Zoning Ordinance of 1992 Page - 10
Wl' LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20C X=Permifted,A=Accessory Use,S=SUP MF R 0 0-1
40
AGRICULTURAL USES
Farms General (Livestock, Ranch) x x x
Veterinarian (Indoor Kennels) x
Veterinarian (Outdoor Kennels) S
S Stables (Private, Principal Use) S S
x x x Stables (Private,Accessory Use)
RESIDENTIAL USES
X Single Family Zero Lot Line x
X Single Family Attached x
INSTITUTIONAL and
GOVERNMENTAL USES
Emergency Ambulance Service x
Heliport S
Utility Shop and Storage S S x
Water Storage Tank(Elevated or S S S
3Sept. 1892 /Page 1
WL- LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20C X=Permitted,A=AccessoryUse,S=SUP MF R O 0-1
S Retirement Home X X
S Nursing/Convalescent Home X X
S Hospice X X X
Hospital X X X
Psychiatric Hospital S X X
S Clinic S X X X
X X X X Child Daycare (7 or more)* A X X X
X X X X School, K-12 (Public or Private)* X X X S
School (Vocational) S X X X
College or University S X X X
S Community Center X X X X
Civic Club X X X X
S S S S Church or Place of Worship* X X X X
S S S S Use Associated to a Religious Inst. A X X X
S Government Building X X X X
S Police Station X X X X
S S S X Fire Station X X X X
S Library X X X X
... .._..._........ ..... .................
COMMERCIAL USES
Multifamily (Apartments) X
Offices (General) X X X
Studio X X X
Banks and Financial Institutions X X X
Information Processing X X
Hotel/Motel with Conferencing Facil. X X
Laundry/Dry Cleaning (<3,000 s.f.) X X
Laundry/Dry Cleaning (Drop/Pick) X X X
Shoe Repair X A A
Beauty Parlor/Barbershop X A X
Clothing Store X X
Quick Copy/Duplicating Services X A X
Personal Services X X X
3 Sept. 1992 /Page 2
WL-LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20C X=Permitted,A=AccessoryUse,S=SUP MF R O 0-1
Grocery X
Convenience Store X A X
Service Station X X
Drug Store X A X
Variety Store X
Bakery Sales X
Stationary Store X A
Antique Shop X
Art Gallery X A
Hardware Store X X
Sporting Goods X
Paint and Wallpaper X X
Cloth Store X
Retail Stores-General X A
(Excluding Second Hand Goods)
Restaurant/Cafe X A X
Auto/Truck Parts and Accessories S X
Household Furniture/Appliances X X
AMUSEMENT/RECREATION
X X X X Golf Course (Public or Private) X X X X
X X X X Park or Playground X X X X
X X X X Satellite Dish* X X X X
Non-Commercial Radio Tower S S S
Race Track Operation S
Recreation Facility, Health Studio X X X X
AUTO SERVICES
Truck/Trailer Rental; S X
Auto Body Repair S
Auto Mechanical Repair S X
Quick Lube/Oil Change X X
Vehicle Maintenance (Private) X X X
3 Sept. 1992 / Page 3
WL'LAND USE SCHEDULE
SECTION 2. - ACCESSORY USES AND STRUCTURES
An accessory use or structure which is customarily incidental
to the principal use or structure, and is located on the same
lot or tract of land, shall be permitted as an accessory use
without being separately listed as a permitted use.
SECTION 3. - TEMPORARY STRUCTURES
A Temporary Structure is one which is used for a limited
period of time. It may be manufactured on-site or off-site,
but is temporary in nature, and only used until a permanent
structure can be constructed or refurbished. All Temporary
Structures shall be required to comply with the following:
A. Permits
No temporary structure may be constructed on site, or
brought on site until a Building Permit for its
construction and siting has been issued.
B. Time Limit
The time limit for all Temporary Structures shall be
ninety (90) days; except for on-site construction
offices and batching plants which shall be limited to
the time required for the actual on-site construction of
the structure or facility, or one year, whichever is
less. Any further extension shall require Board
approval.
SECTION 4. - SATELLITE DISHES
Satellite Dishes shall be allowed in any district as an
accessory use, provided that they meet the following
conditions:
A. Location
Satellite Dishes shall not be located within required
front or side yards. They shall be located only in rear
yards in residential districts. In commercial
districts, they may also be allowed on roof tops or as
specified on an approved detailed site plan.
B. Screening
Satellite Dishes shall be fully screened from view from
streets and public open space areas. When located on
ground level, they shall be screened to the full height
The Comprehensive Zoning Ordinance of.1992 Page - 11
of the structure with landscaping. When located on a
roof top in a commercial district, the dish shall be
located and screened so as to minimize visual impact
from other properties in the area.
C. size
Satellite Dishes shall not exceed ten (10) feet in
diameter, nor 14 feet in height when the dish is
vertically positioned. Larger dishes may be approved as
specified on a detailed site plan or as a SUP.
SECTION 5. - FARM ANIMALS AND HORSES
A. Grazing animals 500 pounds or greater, including horses
and cattle, must have a minimum fenced or enclosed area
of 40,000 s.f. per animal. Grazing animals of less than
500 pounds, including sheep and goats, must have a
minimum fenced or enclosed area of 15,000 s.f. per
animal.
B. An SUP is required for other farm animals, including
chickens and swine, and for a reduction in the land area
required for grazing farm animals. The Town shall not
grant an SUP for any farm animal unless it is convinced
that the presence of such animals will not injure the
use and enjoyment of neighboring properties, including
the impact of dust, flies and ori. /? ✓
C. Notwithstanding the conditions above,
1. Ground accumulations of manure shall be collected
and properly disposed of so as not to create
offensive odors, fly breeding, or in any pose a
health hazard or nuisance to humans or animals;
2. Fences for pens, corrals or similar enclosures
shall be of sufficient height and strength to
properly retain the animal; and
3. All enclosures for grazing animals shall be placed
a minimum of twenty-five (25) feet from the
boundary of any adjoining lot or tract which is
zoned for residential use.
SECTION 6. - SERVANTS/CARETAKERS QUARTERS
Servant or caretaker quarters may be allowed on a property in
a residential or commercial zoning district provided that it
The Comprehensive Zoning Ordinance of 1992 Page - 12
is ancillary to the primary use and that only one such
facility is provided on a lot in a single family district.
SECTION 7. - TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS AND
VISITORS
Temporary accommodation for employees, customers and visitors
may be provided as an ancillary use in commercial zoning
districts provided that:
A. Such accommodation is clearly in support of the business
operation,
B. No rental of such facilities to the general transient
public occurs,
C. Accommodation is for temporary stays, not to exceed 30
days, and
D. No more than 5% of the building area is utilized for
this ancillary use.
SECTION S. - UTILITY DISTRIBUTION LINES
All Utility Distribution Lines shall be placed underground.
Utility Distribution Lines placed above -ground shall require
special approval of the Board of Aldermen based upon a
recommendation of the Planning and Zoning Commission.
SECTION 9. - ACCESS TO ROADWAYS
All Child Daycare facilities, schools (public and private),
and churches or places of worship shall be located in such a
manner so that the roadway in front of the main entrance is
a minimum of forty-five (45) feet of pavement.
SECTION 10. - NEW AND UNLISTED USES
New and unlisted land uses which were not originally
anticipated, will likely be considered for location within
the Town. Such uses shall be reviewed by the Planning and
Zoning Commission and the Board of Aldermen for inclusion in
specific zoning districts or as part of a Planned Development
(PD) zoning request.
When considering requests for a new land use, the Commission
and Board shall consider the potential effects of the use on
adjacent properties in terms of requirements for services,
The Comprehensive Zoning Ordinance of 1992 Page - 13
visual impact, traffic generation, the extent to which the
use is consistent with other uses allowed in the district,
and other issues they deem appropriate.
ARTICLE III. - ZONING DISTRICT DEVELOPMENT STANDARDS
SECTION 1
A
B.
C.
- GENERAL
Non -Conformity
In the event that the Town takes an act or action which
transforms a previously conforming structure for
purposes of front, side and rear yard setback
requirements into a non -conforming structure for the
purposes of front, side and rear yard setbacks, then
such structure shall be deemed to be in conformance with
the required setback prescribed in this ordinance.
In the event the Town takes an action that causes a
previously conforming structure to become non -conforming
in any other manner, conformity will be required as
established in the Westlake Building Code.
Lots with Multiple Frontages
Where lots have multiple frontage on one or more
streets, the required front yard shall be provided on
each street.
Concept Plans
1. Applicability Approval of a Concept Plan shall be
required in connection with any request for zoning
unless said zoning request is upon request of the
Town. All subsequent Site Plans shall be in
substantial conformity with the approved Concept
Plan. If, in the opinion of the Town Planner, the
Site Plan does not substantially conform to the
Concept Plan approved by the Board, the applicant
shall either seek approval of a revised Concept
Plan or submit a revised Site Plan.
2. Purpose The Concept Plan is intended to provide
the Town with the information and data that is
necessary to assess the merits of the development
and to properly plan for services.
The Comprehensive Zoning ordinance of 1992 Page - 14
D. Site Plans
1. Applicability Site Plans are required for all
developments except individual single family lots,
and shall be accompanied by a proposed development
schedule.
2. Purpose The purpose of a Site Plan is to ensure
that all provisions of this Ordinance are adhered
to; that developments are consistent with the
intent of the Comprehensive Plan, Thoroughfare
Plan and Open Space Plan; that sensitive
environmental issues such as slopes and vegetation
are accommodated; and that services and facilities
necessary to support the proposed development will
be available on an appropriate time schedule.
E. Visibility Triangles
1. Corner Lot
a. Applicability No fence, wall, screen, sign,
structure, or foliage of hedges or trees
shall be erected, planted or maintained in
such a manner as to obstruct or interfere
with a clear line of sight for the drivers of
approaching motor vehicles within the
visibility triangle between 30 inches and 9
feet above the average grade of the street.
b. Dimensions The visibility triangle is a
triangular area formed by extending the two
curb lines (or edge of pavements) a distance
of 45 feet from their point of intersection,
and connecting these points with an imaginary
line, thereby creating a triangle.
If there are no existing curbs, then the
triangular area shall be formed by extending
the property lines a distance of 30 feet from
their point of intersection and connecting
these points with an imaginary line.
2. Driveway Intersection
a. Applicability When a driveway intersects a
public right-of-way, no fence, wall, screen,
sign, structure, or foliage of hedges or
trees shall be erected, planted or maintained
in such a manner as to obstruct or interfere
with a clear line of sight for the drivers of
approaching motor vehicles within the
The Comprehensive Zoning Ordinance of 1992 Page - 15
VISIBILITY TRIANGLES
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visibility triangle area between 30 inches
and 9 feet above the average grade of the
street.
b. Dimensions The triangular areas are formed
on both sides of the driveway where it
intersects with a public right-of-way. It is
formed by extending the curb lines (or lines
formed by the edge of pavement) of the
driveway and roadway 10 feet from their point
of intersection, and connecting those two
points with an imaginary line.
If there is no curb line in the right-of-way, then
the edge of pavement may be used instead.
F. Fences
1. General
All Fences within the Town shall conform to the
following standards:
a. No fences may be erected within the required
front yard.
b. No chain link fences shall be located within
10 feet of a property line.
C. Split rail, steel pipe and wrought iron
fences are encouraged.
d. Fences may be built to a maximum seven (7)
feet in height anywhere behind the front yard
Building Setback Line including property
lines on the side and rear yards. However,
no solid fencing greater than 3.5 feet in
height may be placed within 10 feet of a
right-of-way line for a roadway or open space
corridor.
2. Barbed Wire Fences
Barbed wire fences may be used without
restrictions when in conjunction with agricultural
and related activities; provided, however, no
barbed wire fence shall be located on any platted
property zoned for single family use.
The comprehensive Zoning Ordinance of 1992 Page - 16
G. Development Agreement
1. Applicability
Development Agreements shall be required of all
land which is platted for development purposes and
all Planned Development Zoning.
2. General
A Development Agreement is intended to reflect the
agreement of the Town and Developer as to the
phasing of construction to insure timely and
adequate provision of public works facilities.
This agreement is also intended to insure balanced
intensity of development to avoid overloading
existing public facilities during construction,
and to ensure the proper development and care for
common areas.
The agreement will be individually negotiated for
each major project, but should address the
following issues:
a. A plan for the design, construction, use and
permanent care and maintenance of any common
areas, including open space.
b. Any agreements on cost sharing or
reimbursements for the installation of
oversized utility systems and roadways.
C. Proposed timing of improvements to the
property.
d. Any other agreements necessary to facilitate
the development within the Town.
3. Form and Timing of Agreement
a. The Development Agreement or other legal
instrument shall be approved as to form by
the Town Attorney and executed coincident or
prior to final plat approval.
b. The subject property may be required to have
the Development Agreement filed in the Deed
Records of the appropriate County(ies).
The Comprehensive Zoning Ordinance of 1992 Page - 17
SECTION 2. - RESIDENTIAL DISTRICTS - GENERAL
A. Exterior Wall Building Materials
1. All buildings of 100 s.f. or more and over 9 feet
tall shall have exterior walls constructed of
masonry construction. Exterior walls for all
buildings of 100 s.f. or more and over 9 feet
tall, shall be constructed of at least seventy-
five percent (75%) standard masonry construction,
excluding windows and doors, unless said wall is
on a porch, patio, courtyard, or breezeway, in
which event, said wall may be of non -masonry
construction.
2. Buildings less than 100 s.f. and under 9 feet in
height may be constructed with non -masonry
materials, or may be all metal with a baked -on
pre -painted surface.
3. Exceptions to these requirements, including
buildings for farm animals, may be permitted on a
case by case basis by the Board upon submission
and approval of elevational drawings of the
subject structure, and material samples.
SECTION 3. - COMMERCIAL DISTRICTS - GENERAL
A. Building Separation
Where a multifamily building or buildings are erected so
as to create enclosed inner courts, the faces of all
opposite walls in such courts shall be a minimum
distance of 40 feet apart, and no balcony or canopy
shall extend into such minimum court area.
B. Exterior Wall Building Materials
All buildings shall have exterior walls constructed of
stone, brick, glass block, tile, cast metal, cast stone,
or a combination of those materials. Exceptions to this
requirement may be permitted on a case by case basis by
the Board upon submission and approval of elevation
drawings of the subject structure, and material samples.
This may include the approval of concrete or plaster/
stucco where it is deemed important as a design feature
and where it will be applied under the highest standards
for quality and durability.
The Comprehensive Zoning Ordinance of 1992 Page - 18
WL-DISTRICT DEVELOPMENT STANDARDS CHART
District Density IMin.Principal Height Lot Width Minimum Setbacks Required Requires
Min.Lot Size u/a,FAR Building Area Front Rear [Side Landscaping Site Plan
-200 Country Residential(5 s.f.
ac.) 150,000 . 0.2 2,000 s f.Bldg.Min 2.5 st/35' 200 50 50 30
R ou
R-40 Estate Residential(1 ac.) 30,000 s.f. 1 1,800 s.f.Bldg.Min.2.5 st/35' 125 40 40 20
R-20 Neighborhood Residential(.5 15,000 s.f. 2 1,500 s.f.Bldg.Min.2.5 st/35' 100 35 35 15
R-20C Cluster Residential 6,000 s.f.Min w/L 2 1,500 s.f.Bldg.Min,2.5 st/35' na na -- na nayes
15,000 at over 25 Ac.Max
MF Multifamily 200,000 s.f. i 12 1,000 s.f.Avg. 2.5 st/35' 200 40* 40* 20* 20%/250 O.S/U yes
I
R Local Retail a0.000 0.20-:1 2 000 s.f.- 2 5 st./35' 200 50* 50 0 or 4* 20% yes
..._ .._ 250 s.f.of _—.._...
O Office Park 200,000 0.251 3,000 s.f. 2 st/35' 200 100* 100* 75* 20% yes
0-1 Office-Light Industrial Park 1200,000 [ 0.30:1 3,000 s.f. 3 st/50' 175 75* 50* 150* 15% open space yes
required for -
PD Planned Development 200,000 s.f. [All district regmts.are est'd by t Orating each PD.] each yeS
- ----------- - -- - dwellingunit. -----
.._...._._ ........ . ......_ _._._. ..._._._. _------- - . . ..._.... .....__. ._..... .. ._.__-- ---- ---- _..._._...
Height Overlay for Commercial *Height and Building Setback for Ed1—
e of
[ Uses may allow up to 7 stories Commercial and Multifamily may be
adjacent to Hwy 114. (Based on affected by., site,
'[ 700 MSL) ----_-- 1. Slope of 2:1 from closest R.O.W. oved
line of adjacent roadway,and rd on
2. Slope of 5:1 from residential
property lines.
_....__........ ...___......................_...___.__.__._....._.______._..____...}._........_.._..... .._..__......._.._..............._........._. __ �,��.,,
3.Landscape buffer requirements --�-----����-��-��-��"�
along Hwy114.
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SECTION 4. - DISTRICT DEVELOPMENT STANDARDS
A. District Development Standards Chart
1. The attached District Development Chart sets out
standards for density, minimum building area,
building height, minimum setbacks from property
lines, required landscaping, requirement for site
plan approval, and requirement for submission of a
development schedule.
Front yard setbacks are required in all instances
where a property line abuts a street right-of-way.
The chart shall establish the minimum requirements
for these elements except as set out below.
[District Development Standards Chart]
B. Maximum Building Height
The height limit for all structures shall be
as established in the Districts governing the
property on which the structures are located.
However, the maximum height may be increased
up to 700 mean sea level, unless otherwise
limited by an approved Site Plan, Specific
Use Permit or Planned Development District.
2. Building Height and Setback for Commercial
Districts
Roadway Slope In addition to the
building setback line, no building in a
commercial district may exceed the
height of a line drawn from the nearest
roadway right-of-way line at a 2:1 slope
directly into the subject commercial
property (e.g. a 100 ft. high building
must be set back 200 ft from the ROW
line).
b. Residential Slope In addition to the
building setback line, no building in a
commercial district may exceed the
height of a line drawn from a
residential property line in a
residential district, at a 5:1 slope
directly into the subject commercial
property (e.g. a 100 ft. building must
The Comprehensive Zoning Ordinance of 1992 Page - 19
be set back 500 ft. from the residential
property line).
C. Changes in Grade Notwithstanding the
slopes noted above, if the slope of the
ground rises or falls from the point of
origin of the slope line, the actual
building height may be greater or lesser
by the difference in grade.
3. The following features may be constructed 12
feet higher than the maximum height
requirement of the zoning district in which
the structure is located:
a. Chimneys, church spires, elevator
shafts, and similar appendages not
intended as places of occupancy or
storage.
b. Flag poles and similar devices.
C. Heating and air conditioning equipment,
solar collectors and similar equipment,
fixtures, and devices.
Provided that they are:
a. not more than one-third of the total
roof area; and
b. set back from the edge of the roof a
minimum distance of two feet for every
foot by which such features extend above
the roof surface of the building to
which they are attached.
SECTION S. - SPECIFIC USE PERMITS (SUP)
Applications for SUPS shall be made in conformance with
Article IV Zoning - Related Applications.
A. Purpose
The purpose of the Specific Use Permit (SUP) process
is to identify those uses which might be appropriate
within a zoning district, but due to either their
locational, functional or operational nature, could
have a potentially negative impact upon surrounding
properties; and to provide for a procedure whereby
such uses might be permitted by further restricting or
The Comprehensive Zoning Ordinance of.1992 Page - 20-
conditioning them so as to eliminate such probable
negative impacts.
B. Authority
1. The Board of Aldermen, after recommendations by
the Town Planner and the Planning and Zoning
Commission, may authorize issuance of a Specific
Use Permit for any of the uses indicated in the
Land Use Schedule in this Article.
2. The Board of Aldermen may, in the interest of the
public welfare and to assure compliance with this
ordinance, establish conditions of operation,
location, arrangement and construction of any
authorized special use. In approving any
specific use, the Board may impose such
development standards and safeguards as
conditions warrant for the welfare and protection
of adjacent properties, and citizenry as a whole
as it may be affected by this use.
3. All Specific Use Permits approved in accordance
with the provisions of this ordinance shall be
referenced on the Official Zoning Map of the
Town. Such note will be indicated by the letters
"SUP" followed by the identification number.
C. Termination of Specific Use Permit
All Specific Use Permits approved in accordance with
the provisions of this ordinance in its original form
or as hereafter amended shall automatically terminate
upon cessation of the use for a period of ninety days.
Termination of use shall be determined to be the
earliest date that any of the following occur:
1. Disconnection or discontinuance of water and/or
electrical services to the Specific Use Permit
zoned structure, lease space, lot or tract.
2. Abandonment of the Specific Use Permit zoned
structure, lease space, lot or tract of land.
For the purpose of this paragraph, "abandoned"
shall mean to surrender occupancy by vacating or
ceasing to operate or inhabit subject property.
3. Any Specific Use Permit granted by the Board
shall automatically terminate if a Building
Permit has not been obtained on the premises
within one year from the date the ordinance
granting the Specific Use Permit is adopted.
The Comprehensive Zoning Ordinance of 1992 Page - 21
4. On any tract of land for which a Specific Use
Permit has been granted and the use has ceased as
of the date of this ordinance, such Specific Use
Permit shall automatically terminate three months
after the adoption of this ordinance unless the
use has been reinstated by that time.
IV. - ZONING -RELATED APPLICATIONS
SECTION 1. - GENERAL
A. Filing of an Application
It is recommended that the applicant have a pre -
application conference with a Town official or the Town
Planner prior to submitting a formal application.
B. Submission of Plans
1. All plans submitted pursuant to this Ordinance
shall be prepared by a registered planner,
architect, engineer or landscape architect.
2. The applicant shall submit the following
quantities of submittals as may be required, or as
proposed in support of an application, in order to
provide for adequate review of the application:
a. Six copies of all plans, elevations and other
drawings that form the submittal.
b. Six copies of the Application form and 8 1/2"
x 11" photographic reduction of the drawings.
C. Six copies of the Development Schedule,
Preliminary Service Plan, Draft Development
Agreement and any other supporting material.
d. Two copies of the geo-technical report.
SECTION 2. - PLANNED DEVELOPMENT (PD) CHANGE AND REQUIREMENTS
A. General
1. The Planned Development District may be granted by
the Board based on a Concept Plan in the case of a
large property; however, prior to securing a
Building Permit, a Site Plan must be submitted and
approved by the Board of Aldermen upon
The Comprehensive Zoning ordinance of 1992 Page - 22
B.
recommendation by the Planning and Zoning
Commission.
2. Each Planned Development District approved under
the provisions of this section shall be considered
as an amendment to the Westlake Zoning Ordinance,
but applicable only to the property involved.
3. In carrying out the development, the approved
Development Schedule shall be complied with and
such conditions as are specified for the
development of a PD shall be construed as
conditions precedent to the granting of a
Certificate of Occupancy (CO) and compliance as
required by the Town of Westlake.
4. The granting of a Planned Development District on
a particular property may require the execution of
a Development Agreement with the Town.
PD Concept Plan Approval
1. Pre -application Conference
a. An applicant for a Planned Development
District is encouraged to request a pre -
application conference with a Town official
or the Town Planner prior to formal
application.
b. At the pre -application conference, the
applicant should present a draft concept plan
with as much detail as possible.
C. Based on the information presented, the Town
representative will provide initial comments
concerning the merits of the proposed
development and inform the applicant of any
additional requirements for preparation of
the formal PD application.
2. PD Concept Plan Content
a. General. All plans must include date,
appropriate engineering scale, north arrow,
vicinity map, and the names , addresses and
telephone numbers of both the property owner
and the individuals preparing the plans.
b. Site Analysis. The site analysis shall be
prepared on a topography base map with not
less than five foot contour intervals, and
The Comprehensive Zoning Ordinance of 1992 Page - 23
C.
must describe existing natural features and
physical improvements by including the
following items:
i. Location of 100 -year flood plains,
water bodies, creeks, marshes, the
approximate centerline of water courses,
slopes in excess of 10%, rock
outcroppings, and any other significant
natural features.
ii. Location, identification, and
dimension of site boundaries and all
existing public and private easements.
Location of major utility trunk
lines and future tie-ins.
iv. Identification of land uses and
historical landmarks on and adjacent to
the site.
V. Location of existing structures
within the site and the improvements to
be retained.
vi. Identification of key views
corridors both to and from the site.
vii. Location, species and diameter of
existing trees greater than eight (8)
inches caliper and all major tree
groupings.
The PD Concept Plan
The PD Concept plan must be prepared on a
site topography base map with not less than
five foot contour intervals and must include:
i. A metes and bounds description of
the overall tract.
ii. The location of all land use areas
showing the gross acreage for each use,
maximum height, net residential
densities, floor area ratios and the
total floor area for each non-
residential use, and other special
standards, as appropriate.
The Comprehensive Zoning Ordinance of 1992 Page - 24
A categorical listing of the total
acreage for each land use, and the
density, height, floor area, setbacks
and other appropriate standards for each
proposed land use area.
iv. Conceptual urban design plan
including streetscape, buffers, parks
and open space facilities, lighting,
signage and other key features of the
plan.
V. Identification of all areas to be
dedicated to the Township or to have
public easements, such as roadways, open
space and drainage areas.
vi. Location of all proposed screening
between the site and adjacent property
and between land uses within the site.
vii. Location of minimum building
setbacks along the site boundaries,
along streets, and between residential
and non-residential uses.
viii. Indication of each phase of
development if separate phases are
proposed.
ix. The location of collector roadways
proposed in the development, right-of-
way widths, and the location of
collector access points to abutting
streets and highways.
d. Preliminary Service Plan
i. A preliminary drainage plan of the
area showing the size and location of
each existing and proposed drainage way
and retention or detention area.
ii. The proposed method of providing
water and sewer service.
The Comprehensive Zoning Ordinance of 1992 Page - 25
e. Other Material as May Be Submitted in Support
of Application
i. Draft Development Agreement and any
covenants, conditions, restrictions and
agreements which govern the
construction, use, maintenance and
operation of roadways, parks, open
space, drainage areas and facilities.
ii. A preliminary geo-technical report
that addresses soil, subsurface and
slope conditions that may affect
development.
Traffic Study showing the project's
impact on roadway and intersection
capacity.
iv. A Development Schedule indicating
the appropriate date on which
construction is expected to begin and
the rate of anticipated development to
completion. The Development Schedule,
if adopted and approved by the Board,
shall become part of the development
plan and shall be adhered to by the
owner, developer, and his successors in
interest.
C. PD Site Plan Approval
1. General
a. No construction or development within the PD
District may commence, and no building permit
may be issued unless the Board of Aldermen
has approved a site plan upon recommendation
of the Planning and Zoning Commission for
that phase of the project which is consistent
with the approved Concept Plan.
b. The Board may not approve a Site Plan that
is not consistent with an adopted Concept
Plan and PD Ordinance.
C. Upon approval of the PD Zoning District, the
applicant may submit a Site Plan Application
to the Township for each phase in accordance
with the phasing schedule of the PD Concept
Plan.
The Comprehensive Zoning Ordinance of 1992 Page - 26
d. Applications for Site Plan approval in
Planned Development Districts shall conform
to Section 4 Required Site Plan.
SECTION 3. - REQUIRED CONCEPTUAL PLAN
A. Whenever a Conceptual Plan is required as a condition of
zoning approval, the Conceptual Plan shall comply with
Section 2.B. of this Article, except that Section
2.B.(2) c. be revised to require that the Plan be
prepared on a site topography base map with not less
than five foot contour intervals and include:
1. A metes and bounds description of the overall
tract.
2. Conceptual representation of proposed use(s) and
generalized representation of proposed major
infrastructure improvements.
3. Identification of all areas to be dedicated to the
Township or to have public easements, such as
roadways, open space and drainage areas.
4. Location of all proposed screening between the
site and adjacent property, and any required
landscape easements along roadways.
5. Indication of each phase of development if
separate phases are proposed.
6. The location of collector roadways proposed in the
development, right-of-way widths, and the location
of collector access points to abutting streets and
highways.
B. Other Material Which May Be Submitted in Support of the
Application
1. Draft Development Agreement and any covenants,
conditions, restrictions and agreements which
govern the construction, use, maintenance and
operation of roadways, parks, open space, drainage
areas and facilities.
2. A preliminary geo-technical report that addresses
soil, subsurface and slope conditions that may
affect development.
3. Traffic Study showing the project's impact on
roadway and intersection capacity.
The Comprehensive Zoning Ordinance of 1992 Page - 27
4. A Development Schedule indicating the appropriate
date on which construction is expected to begin
and the rate of anticipated development to
completion. The Development Schedule, if adopted
and approved by the Board, shall become part of
the development plan and shall be adhered to by
the owner, developer, and his successors in
interest.
SECTION 4. - REQUIRED SITE PLAN
A. General
1. No construction or development within a district
that requires a Site Plan may commence, and no
building permit may be issued unless the Board of
Aldermen has approved a site plan upon
recommendation of the Planning and Zoning
Commission.
2. where a Concept Plan has been approved as part of
the Zoning, all Site Plans must be in substantial
conformity with that approved Concept Plan.
3. No public notification is required for
consideration of a Site Plan, or amendment, beyond
posting as an agenda item for the Planning and
Zoning Commission and Board of Aldermen.
B. Site Plan Content
1. Required Site Plans shall be prepared on a
standard sheet size of 30" x 42" or 24" x 3611, and
at an engineering scale of 1"=50' or larger.
Required Site Plans shall be prepared by
registered engineer, architect or landscape
architect. The required Site Plan may be
submitted on one or more sheets.
2. General Information required:
a. North Arrow;
b. Total site acreage;
C. Submission date;
d. Scale (written and graphic);
e. Vicinity map;
f. Names, addresses and telephone numbers of
designer, engineer, developer and owner;
g. Accurate survey of the boundaries of the site
with the location of proposed land uses;
The Comprehensive Zoning Ordinance of 1992 Page - 28
h. Adjacent subdivision names and property
lines; and
i. Adjacent land uses and structures.
3. Structures:
a. Location, dimensions and use of all existing
facilities and proposed building sites;
b. Setback and separation distances between
building sites;
C. Proposed construction type and facade
materials for all non-residential buildings
(the Commission may require elevations and
perspective drawings);
d. Proposed density of each use;
e. Proposed location of screening along the
collector roadways shown on the Thoroughfare
Plan.
4. Streets and Sidewalks:
a. Location and width of all rights-of-way and
5. Off -Street Parking and loading areas:
a. Number, location and dimension of spaces;
b. Type of surface material of parking facility;
C. Dimension of aisles, driveways, maneuvering
areas and curb return radii;
d. Distance between spaces and adjacent rights-
of-way;
e. Location of all existing and proposed fire
lanes and hydrants; and
f. Proposed lighting diagram is required if not
in accordance with Article VI Parking and
Loading Standards.
The Comprehensive Zoning Ordinance of 1992 Page - 29
easements;
b.
Location and
dimensions of all pavement and
curbing;
C.
Location and
width of all
sidewalks;
d.
Location and
width of
all ingress/egress
points;
e.
Location and
width of all
medians and median
breaks; and
f.
Location of
any special
traffic regulation
facilities.
5. Off -Street Parking and loading areas:
a. Number, location and dimension of spaces;
b. Type of surface material of parking facility;
C. Dimension of aisles, driveways, maneuvering
areas and curb return radii;
d. Distance between spaces and adjacent rights-
of-way;
e. Location of all existing and proposed fire
lanes and hydrants; and
f. Proposed lighting diagram is required if not
in accordance with Article VI Parking and
Loading Standards.
The Comprehensive Zoning Ordinance of 1992 Page - 29
6. Landscaping:
a. Location and size of major tree groupings and
existing hardwood trees greater than eight
(8) inches caliper, noting whether they are
to be removed or retained;
b. Location and size of proposed plant
materials, including paving;
C. Number and type of each landscape element;
d. Height and type of all fencing or buffering;
e. Height of all planters, sculptures and
decorative screens;
f. Location and type of trash receptacle
screening;
g. Location and type of lighting for streets,
signage and parking areas; and
h. Location of visibility triangles where
required.
7. Geo -technical:
a. Geo -technical report on soils, subsurface and
drainage;
b. Direction of water flow;
C. Quantity of on and off-site water generation;
d. Topographic contours at a minimum of 5 foot
intervals;
e. Points of concentrated water discharge; and
f. Areas where special design and construction
may be necessary due to slope or soil
conditions.
8. Preliminary Service Plan.
a. A preliminary drainage plan of the area
showing the size and location of each
existing and proposed drainage way and
retention or detention area.
b. The proposed method of providing water and
sewer service.
C. Criteria for Site Plan Review
Site Plans may have additional stipulations placed on
them by the Board. In approving or denying a Site Plan
under this Article, the following criteria shall be
considered:
1. Safety of the motoring and pedestrian public using
the facility and area surrounding the site.
The Comprehensive Zoning Ordinance of 1992 Page - 30
2. Safety from fire hazards and measures of fire
control.
3. Protection from flooding and water damage.
4. Noise and lighting glare effects on adjacent
neighbors.
5. Relations of signs to traffic control and their
affect on adjacent properties.
6. Adequacy of streets to accommodate the traffic
generation of the proposed development.
7. Adequacy of off-street parking and loading
facilities for the uses specified.
8. Landscaping and screening provisions appropriately
placed per code requirements.
9. Siting structures and other improvements relative
to required setbacks, height limitations, and
other density and dimensional requirements.
10. The impact of the proposed development on slopes,
protected vegetation, the open space system, and
adjacent properties.
11. Such other measures as might secure and protect
the public health, safety, morals and general
welfare.
Amendments to Approved Applications
Amendments to all applications and approvals shall be
processed in the same manner as the original
application. However, the applicant shall also submit
a summary of all elements that are proposed to be
changed along with the revised plans and application.
Notwithstanding the above, the Town Planner may approve
minor modifications in an approved Site Plan
administratively, provided that they do not:
1. Alter the basic relationship
development to adjacent property;
2. Change the uses permitted;
3. Increase the maximum density,
height;
of proposed
floor area, or
The Comprehensive Zoning Ordinance of.1992 Page - 31
4. Decrease the amount of off-street parking, unless
parking remains sufficient in number and conforms
to ordinance requirements;
5. Reduce the minimum yards or setbacks; or
6. Detrimentally change or alter the characteristics
of the elevational drawings or Site Plan as
approved, but rather allow for some flexibility in
minor modification to same.
ARTICLE V. - DEFINITIONS
SECTION 1. - INTENT
The definitions in this Article are those that apply
throughout this Ordinance. Generally, words used in the
present tense include the future, words in the singular
number include the plural, words in the plural include the
singular, the word "building" includes the word "structure",
the word "lot" also means "plot" or "tract", the word "shall"
is mandatory and not directory.
SECTION 2. - DEFINITIONS
"ACCESSORY BUILDING". A permanent or portable structure on
the same lot with, and of a nature incidental and subordinate
to, the use of the principal structure.
"ACCESSORY USE". A use which is clearly incidental to the
use of the principal building or main use of the property.
"ALLEY". A public way less in size than a street which
affords only a secondary means of access to abutting
property, and not intended for general travel.
"BASEMENT". That portion of a building, the floor of which
is wholly or partly below the adjoining grade.
"BOARD". The Board of Aldermen of the Town of Westlake,
Texas.
"BUILD". To erect, convert, enlarge, reconstruct, restore or
alter a building or structure.
"BUILDABLE AREA". The portion of a lot remaining after
required yards and setbacks have been provided.
The Comprehensive Zoning Ordinance of 1992 Page - 32
"BUILDING". A structure having a roof supported by columns
or walls for the housing or enclosure of persons, animals or
chattels.
"BUILDING. DETACHED". A building surrounded by yards or open
space on its own building lot, or buildings in a building
group that are physically detached one from the other.
"BUILDING. HEIGHT OF". The vertical distance from grade to
the highest point of the coping of a flat roof, or to the
deck line of a mansard roof, or to the top of the highest
gable of pitched or hip roof.
"BUILDING LINE". A line established, in general, parallel to
the front curb line or edge of pavement, between which and
the front curb line or edge of pavement no part of a building
shall project, except as otherwise provided in this
ordinance.
"BUILDING PERMIT". An official document or certificate
issued by the Town of Westlake authorizing erection,
construction, renovation, maintenance, or any other special
activity on any building or structure, or on any
installations or facilities therein. The term "building
permit" shall include but not be limited to building permits,
electrical permits, mechanic permits and plumbing permits.
"BUILDING, PRINCIPAL". A non -accessory building in which a
principal use of the lot on which it is located is conducted.
All residential uses, except bona fide servants' quarters,
shall be deemed principal uses.
"CHIEF BUILDING OFFICIAL" shall mean the Town Engineer or his
designee who is the administrative official responsible for
issuing permits and enforcing the building codes of the Town.
"CITY". The Town of Westlake.
"COMMERCIAL". Commercial uses or districts are defined as
including either office or retail uses, or both.
"COMMISSION". The Planning and Zoning Commission of the Town
of Westlake.
"CONDITIONAL USE". A use of land which may be permitted
provided that the Board determines that it is in the interest
of the public health, safety and general welfare.
"COURT". An open, unoccupied space bounded on more than one
side by the walls of a building or buildings and used as a
primary means of access to all or any part of said buildings.
The Comprehensive Zoning Ordinance of 1992 Page - 33
"CUSTOMARILY INCIDENTAL USE". A use of a building or
premises, not involving the conduct of a business, which use
is only secondary to the principal use and is indispensably
necessary to the enjoyment of the premises for any of the
principal uses permitted within a zoning district.
"DEVELOPMENT OR TO DEVELOP". Any man-made change in improved
and unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations.
"DISTRICT". A Zoning District; a section of the Town for
which the regulations governing the area, height, and use of
buildings and land are uniform.
"DWELLING". A building or portion thereof which is arranged,
occupied or intended for residential use, including
facilities for food preparation, sleeping, and bathroom(s),
occupied by not more than one family.
"DWELLING, ATTACHED". A dwelling which is joined to another
dwelling at one or more sides by a partial wall or walls.
"DWELLING, DETACHED". A dwelling which is entirely
surrounded by open space on its building lot.
"DWELLING. MULTIPLE". A building used or designed as a
residence for three or more families or households living
independently of each other.
"DWELLING, TWO FAMILY". A detached building having separate
accommodations for and occupied as, or to be occupied as, a
dwelling for only two families.
"EDUCATIONAL INSTITUTION". Elementary, junior high, high
schools, junior colleges, colleges or universities or other
schools giving general academic instruction in the several
branches of learning and study required by the State of
Texas.
"FACADE". The front facing wall of a building and shall
include any special architectural features. The term facade
shall not include any lateral extension of the front building
wall to create a larger facing area, and it shall not include
any roofing area designed to weatherize the interior of the
structure.
"FAMILY". An individual or two or more persons related by
blood, marriage or adoption; or a group of not more than five
persons, excluding servants, who need not be related by blood
or marriage, living in a dwelling unit.
The Comprehensive Zoning Ordinance of,1992 Page - 34
"AFAR". Floor Area Ratio.
"FENCE". A masonry wall or a barrier composed of posts
connected by boards, rails, panels or wire for the purpose of
enclosing space or separating parcels of land. The term
"Fence" does not include retaining walls.
"FLOOD". A general and temporary condition of partial or
complete inundation, by water or mud, of lands not normally
inundated and that are used or usable by man.
"FLOOD. FIFTY-YEAR". A flood having an average frequency of
occurrence of once in fifty (50) years although such flood
may occur in any year. A fifty-year flood is determined by
statistical analysis of stream flow records, and rainfall and
run-off characteristics in the watershed.
"FLOOD. INTERMEDIATE REGIONAL". A flood having an average
frequency of occurrence of once every one hundred (100) years
although such flood may occur in any year. An intermediate
regional flood is determined by statistical analysis of
stream flow records, and rainfall and run-off characteristics
in the watershed.
"FLOODPLAIN". Land which has a history of flood or is
subject to recurrent flooding as determined by the U.S. Army
Corps of Engineers or the Town of Westlake.
"FLOOR AREA". The sum total of the area of all floors of all
buildings on the unified development site measured between
the outer perimeter walls of the buildings, provided that
space in a building or structure used for parking of motor
vehicles shall not be computed in the floor area. Courts or
balconies open to the sky and roofs which are utilized for
recreation, etc. shall not be counted in the floor area but
shall be part of the recreation space.
"FLOOR AREA RATIO". The ratio of the sum total floor area to
the net land area. The ratio is computed by dividing the
floor area by the land area and multiplying by one hundred
(100) to read as a percentage.
"FRONTAGE". All the property abutting on one (1) side of a
street between two (2) intersecting streets, measured along
the street line.
"GARAGE. PRIVATE". An accessory building, either attached or
detached, designed or used for storage of not more than three
motor vehicles or trailers in residential districts. Such
vehicles must be owned and used by occupants of the buildings
to which it is accessory.
The Comprehensive Zoning Ordinance of 1992 Page - 35
"GRADE". The average level of the finished surface of the
ground adjoining a building.
"GROSS FLOOR AREA". When applied to a building, the area in
square feet measured by taking outside dimensions of the
building at each floor, excluding however, the floor area of
basements or attics when not occupied or used and any areas
within the building used for off-street parking.
"HOME OCCUPATION". Any occupation or activity which is
clearly incidental and secondary to the use of premises for
dwelling purposes, is carried on within the dwelling, and is
not detrimental or injurious to the economic or aesthetic
value of adjoining property.
"HOSPITAL". An institution in which there are complete
facilities for diagnosis, treatment, surgery, laboratory, X-
ray, nursing, and the prolonged medical care of bed patients.
"HOTEL". One (1) or more buildings containing individual
living or sleeping units specially designed as temporary
quarters for transient guests, including provisions for meals
and personal services. A hotel includes a motel.
"LANDOWNER". The term "landowner" shall include any person
having the right of possession of real property. If that
person is a corporate entity, the term "landowner" includes
the executive officer of the corporation. The term "owner"
may be used interchangeably herein with the term "landowner"
when it refers to the right of possession of real property.
"LOT". Land occupied or to be occupied by a building and its
accessory buildings and including such open spaces as are
required under this ordinance and having its principal
frontage upon a public street or officially approved place.
Lot includes the words "Plot", "Parcel", and "Premises".
"LOT AREA". That area of a horizontal plane bounded by the
front, side and rear lot lines of a building lot, including
any portion of an easement which may exist within such
property lines, exclusive of rights-of-way for street
purposes.
"LOT, CORNER". A building lot situated at the intersection
of two streets, the interior angle of such intersection not
exceeding one hundred thirty five (135) degrees.
"LOT DEPTH". The length of a line connecting the mid -point
of the front and rear lot lines.
"LOT. DOUBLE FRONTAGE". A building lot not a corner lot
which adjoins two streets which are opposite each other and
The Comprehensive Zoning Ordinance of 1992 Page - 36
which are parallel or within forty-five (45) degrees of being
parallel to each other. On a double frontage lot, both
street lines shall be deemed front lot lines, except as
otherwise provided herein.
"LOT.INTERIOR". A building lot other than a corner lot.
"LOT LINE". A boundary of a building lot.
"LOT LINE. FRONT". That boundary of a building lot which is
the line of an existing or dedicated street. The owner of a
corner lot may select either street as the front lot line.
"LOT LINE, SIDE". That boundary of a building lot which is
not a front lot line and not a rear lot line.
"LOT LINE. REAR". That boundary of a building lot which is
most distant from the front lot line and which is most nearly
parallel with the front lot line.
"LOT OF RECORD". An area of land designated as a lot on a
plat of a subdivision recorded pursuant to statute with the
County Clerk of Tarrant County or Denton County, Texas.
"LOT. REVERSE CORNER". A corner lot, the rear lot line of
which abuts the side lot line of the lot to its rear.
"LOT WIDTH". The length of a line, drawn perpendicular to
the lot depth line at its point of intersection with the
front yard line, connecting the side lot lines.
"MAINTAIN". To allow to continue or exist.
"MAINTENANCE". The act of periodic repair.
"MASONRY CONSTRUCTION". Masonry Construction includes
exterior walls constructed of brick, stone, cast stone,
concrete, glass block or other approved masonry materials and
shall be constructed in accordance with the Westlake Building
Code, but in no case shall brick be less than three inches in
thickness nor shall stone, concrete, concrete block or other
approved masonry be less than three and five-eighths inches
in thickness when applied as a veneer.
Non-Masonry shall mean an exterior material other than
masonry and shall be of a quality as herein specified or
its equivalent:
Textured Surface Plywood shall be manufactured
according to specialty sidings with special surface
treatment such as V-groove, channel groove, striated,
brushed, rough sawn, and shall comply with
The Comprehensive Zoning Ordinance of 1992 Page - 37
specifications for 303 specialty siding, as published by
the American Plywood Association. The grade mark shall
identify the species group, the allowable stud spacing,
and shall be that of a recognized testing agency
acceptable to the Town of Westlake.
Other Plywood shall be a minimum of 3/8 inches
thick and shall be grade marked as exterior type and as
medium density overlay siding as manufactured under U.S.
Product Standard PS -1-66. Grade mark shall identify the
species group and shall be that of a recognized testing
agency acceptable to the Town of Westlake.
Hardboard shall be a minimum of 3/8 inch thick and
shall be of a rack, impact, and a painting surface
quality equivalent to 3/8 inch masonite exterior siding,
back -sealed and face -primed on both sides. Hardboard
shall conform to commercial standard CS -251-63 for
hardboard, and shall be identified as to classification.
Other materials. The Town Engineer is authorized
to permit the use of materials other than those
specifically named above, when proven to him to be
equivalent and provided they comply with the Westlake
Building Code.
Equivalency shall be based on the structural qualities
of the material, using testing procedures set forth in
American Society for Testing and Materials Standard
Methods of Conducting Strength Tests of Panels for
Building Construction, E-72. At least three
81x8'racking specimens shall be tested. Average minimum
load shall be at least 5,200 pounds. At a load of 1,200
pounds, the average total deflection shall be not more
than 0.211, and residual deflection not more than 0.111.
At a load of 2,400 pounds, the average total deflection
shall not be more than 0.611, and residual deflection not
more than 0.311. The average of three specimens
subjected to impact loads as prescribed in E-72, shall
sustain a drop height of 20" or more.
Equivalency shall also be based upon surface finishing
and shall be as durable as 303 siding stained surfaces
as that of painted medium density overlay surfaces. All
finishes shall be applied as recommended by the
manufacturer. Plywood commonly known as AC plywood will
be prohibited for exterior use. Particle board will be
classified as plywood and will be required to meet the
equivalency tests for wood.
"MOTEL". A building or group buildings designed, arranged or
used for temporary occupancy having accommodations for
The Comprehensive Zoning Ordinance of 1992 Page - 38
housing or parking of automobiles in close proximity to the
quarters occupied by the owner of such automobile and
providing for five or more such quarters. The term "Motel"
shall include all establishments coming under the general
classification of "Drive -In Hotel", "Tourist Court", and any
other such establishment that houses visiting transient
clientele.
"NONCONFORMING USE". Any use of land which was lawfully in
existence, and/or occupied at the time the regulation is
prescribed in the ordinance or an amendment thereto becomes
effective and does not then meet the requirements of said
regulations.
"OPEN SPACE COMMON OPEN SPACE PERMANENT OPEN SPACE". Open
Space is that land area which is relatively free of man-made
structures, where water bodies, land forms, and vegetation
predominate; Common Open Space is that open space which is
owned, used, or operated and maintained for the common
benefit of the inhabitants of a development; Permanent Open
Space is that open space land which is legally restricted to
park, flood plain, or other open space usage; or which is
publicly owned and utilized as open space.
"OPEN SPACE PLAN". The Town's Open Space Plan, as adopted by
the Board of Aldermen, and as amended from time to time.
"PARKING SPACE". A surfaced area, enclosed or unenclosed
sufficient in size to store one automobile, with a surfaced
driveway connecting the parking space with the street or
alley, and permitting ingress and egress of an automobile.
"PLACE". An open, unoccupied area, other than a street,
including a court, arcade, mall, or parking area that is
permanently reserved as the principal means of access to all
or any part of any buildings or structures situated on the
same lot.
"RECREATIONAL AREA". An area devoted to facilities and
equipment for recreational purposes, swimming pools, tennis
courts, playgrounds, community clubhouses, and other similar
uses.
"RIGHT-OF-WAY". A publicly owned strip of land, 50 feet or
more in width between property lines, which provides or is
intended to provide public vehicular and/or pedestrian
traffic.
"SECONDARY USE". A collateral use of land or buildings,
which is customarily done or performed in conjunction with a
permitted principal use, but not constituting a majority of
The Comprehensive Zoning Ordinance of 1992 Page - 39
either the employment, area or revenues of the combined uses.
"SET -BACK". The distances from structures to right-of-way
and/or lot lines.
"STORY". That portion of a building between the surface of
any floor and the surface of the floor next above it, or if
there is no floor above it, then the space between the floor
and the ceiling next above.
"STORY. HALF". A story under a gable, hip or gambrel roof,
the wall plates of which are on at least two exterior walls
not more than two feet above the floor of such story.
"STREET". Any public thoroughfare dedicated to the public
use and not designated as an alley or officially approved
place.
"STRUCTURE". Anything constructed or erected with a fixed
location on the ground, or attached to something having a
fixed location on the ground including, but not limited to,
buildings, walls, fences, swimming pools, radio towers, and
porches, but not including driveways, sidewalks, or other
facilities, the sole purpose of which is to provide customary
access to any structure.
"STRUCTURAL ALTERATIONS". Any change in the supporting
members of a building, such as bearing walls or partitions,
columns, beams or girders, or any substantial changes in the
roofs or exterior walls.
"TOWN". The Town of Westlake.
"TOWN ENGINEER" is the person appointed by the Board of
Aldermen to perform the functions of Chief Building Official
and/or engineer for the Town.
"TOWN PLANNER" is the person appointed by the Board of
Aldermen to be the chief planning officer of the Town. Where
the term is used in this Code, it will include the Town
Planner's designee.
"USE". When applied to land or buildings, the purpose or
activity for which such land or building thereon is designed,
arranged or intended, or for which it is occupied or
maintained.
"VARIANCE". An adjustment in the application of the specific
regulations of this title to a particular piece of property,
which property because of special circumstances uniquely
applicable to it is deprived of privileges commonly enjoyed
The Comprehensive Zoning Ordinance of 1992 Page - 40
by other properties in the same vicinity and zone, and which
adjustment remedies disparity in privileges.
"YARD". An open space, other than a court, on a lot
unoccupied and unobstructed from the ground upward unless
specifically otherwise permitted in this ordinance.
"YARD FRONT". A yard extending along the whole length of the
front lot line between the side lot lines and being the
minimum horizontal distance between the street right-of-way
line and main building or any projections thereof other than
steps and unenclosed porches.
"YARD REAR". A yard extending across the rear of a lot
between the side lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the
principal building or any projections thereof other than
steps, unenclosed balconies, or unenclosed porches.
"YARD SIDE". A yard extending along the side lot from the
front yard to the rear yard, being the minimum horizontal
distance between any building or projections thereof and the
side lot line.
"ZONING DISTRICT MAP". The "Zoning District Map" is the map
or maps incorporated into this ordinance as a part hereof by
reference thereto.
ARTICLE VI. - APPLICABILITY OF EXISTING REGULATIONS
AND NON-CONFORMANCE
All existing unexpired, valid building permits, approved
plats, and site plans which are complete and duly filed prior to
the enactment of this Ordinance in accordance with development
regulations in effect prior to this Ordinance shall be processed
under procedures previously established notwithstanding the
adoption of this ordinance. Any land use approved and permitted
under Ordinance No. 49, as amended, which is not permitted under
this ordinance, shall not be considered non -conforming as a result
of the adoption of this Ordinance and will be deemed legal and
conforming unless such use is abandoned, destroyed, or damaged by
fire or other causes to the extent of more than fifty (50) percent.
Those site plans which were reviewed and approved by the
Planning and Zoning Commission and the Board of Aldermen prior to
the adoption of this Ordinance shall be exempt from meeting any new
requirements after the adoption of this Ordinance.
The Comprehensive Zoning Ordinance of 1992 Page - 41
ARTICLE VII. - PENALTY
That the violation of any provision of this Ordinance shall
be deemed an offense punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00), and each violation thereof shall be
and is hereby deemed to be a distinct and separate offense and
punished as such.
ARTICLE VIII. - SEVERABILITY
It is hereby declared to be the intention of the Town that
the sections, paragraphs, sentences, clauses and phrases of this
Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this Ordinance since the same would have been enacted
by the Town Board without the incorporation in this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
All Ordinances or parts of Ordinances in conflict with this
Ordinance or any part thereof are hereby repealed.
ARTICLE X. - EFFECTIVE DATE
This ordinance shall become effective immediately upon its
passage, and it is accordingly so ordained.
PASSED AND APPROVED this the day of%lraf�G'�
A.D., 1992.
LE L. WHITE, MA
TOWN OF WESTLAKE, TEXAS
ATTEST:
GERVY WHITE, SECRETARY
TOWN OF WESTLAKE, TEXAS
The Comprehensive Zoning Ordinance of 1992 Page - 42
APPROVED AS TO LEGAL FORM
PAUL C. ISHAM, TOWN ATTORNEY
TOWN OF WESTLAKE, TEXAS
The Comprehensive Zoning Ordinance of 1992 Page - 43
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