Ordinance No

Document Sample
Ordinance No Powered By Docstoc
					                       ORDINANCE NO. ______________

       AN ORDINANCE AMENDING CHAPTER 154 OF THE CODE OF
       FAIRVIEW, AS AMENDED, ESTABLISHING THE COMMERCIAL
       PLANNED DEVELOPMENT ZONING DISTRICT; AMENDING
       THE ZONING CLASSIFICATION FOR APPROXIMATELY 800
       ACRES OF PROPERTY PRESENTLY ZONED AS GENERAL
       BUSINESS (GB), ONE ACRE RANCH (RE-1), AND PLANNED
       CENTER (PC) ZONING DISTRICTS TO THE COMMERCIAL
       PLANNED DEVELOPMENT DISTRICT CLASSIFICATION;
       ESTABLISHING SPECIAL CONDITIONS FOR DEVELOPMENT
       WITHIN THE DISTRICT; PROVIDING STREETSCAPE, SITE
       DESIGN    AND   ARCHITECTURAL      STANDARDS    AND
       GUIDELINES FOR THE DISTRICT; ADDING SECTIONS 154.200
       THROUGH 154.211 TO CHAPTER 154 OF THE CODE OF
       ORDINANCES; DELETING SECTIONS 154.170 (B) and (C) OF
       THE CODE OF ORDINANCES RELATING TO CERTAIN
       PLANNED DEVELOPMENT CLASSSIFICATIONS; PROVIDING
       A PENALTY NOT TO EXCEED $2,000.00 FOR EACH OFFENSE;
       PROVIDING THAT THIS ORDINANCE IS CUMULATIVE;
       PROVIDING    A  SAVING   CLAUSE;    PROVIDING   FOR
       PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.


       WHEREAS, the Town of Fairview is a Type A general law municipality
acting under Chapter 6 of the Local Government Code; and

       WHEREAS, the Town contains major roadway corridors which bring traffic
in, around and through the Town, and the areas adjacent to such corridors
should allow for development of a unique mixture of office, commercial and
residential uses, developed in such a manner as to protect the agrarian heritage
of the Town; and

       WHEREAS, the development of these corridors and the adjacent areas
strongly impacts the values of surrounding and adjacent properties and uniquely
affects the growth and development of the Town as a whole; and

       WHEREAS, the Town Council has commissioned the preparation of a
master plan and streetscape, site design and architectural standards and
guidelines for the proposed Commercial Planned Development District which
preserves and showcases the Town’s unique environmental assets, and
promotes the economic worth of the entire area, while protecting the identity of
the Town’s rural community; and

      WHEREAS, the Town Council deems the present zoning regulations
inadequate to accomplish the foregoing objectives and to implement the master



W:\Fairview\Ordinances\CPDD.doc                                           Page 1
plan, and has determined that the Zoning Ordinance should be amended as
provided by this ordinance; and

       WHEREAS, notice of a public hearing before the Planning and Zoning
Commission to consider the rezoning of the property herein described was
mailed to each owner of such property and to the owners of property within 500
feet thereof of least 10 days prior to the public hearing; and

       WHEREAS, the Planning and Zoning Commission has made its final
recommendation on the adoption of this ordinance and the rezoning of the herein
described property after holding the noticed public hearing; and

       WHEREAS, notice of a public hearing before the Town Council was
published at least 15 days prior thereto and the Town Council has held such
hearing; and

      WHEREAS, the Town Code of Ordinances envisions the establishment of
a Commercial Planned Development District when the resulting development is
considered beneficial to the Town as a planned development rather than that
which would occur using conventional zoning and subdivision regulations, and
preserves the natural environment, and enhances innovative design through the
adoption of streetscape, site design, and architectural standards; and

         WHEREAS, the Fairview Town Council has determined that streetscape,
site design, and architectural guidelines and standards applied to public and
private development of the tracts of land described below will enhance the quality
of life for the people of Fairview and therefore finds it in the best interest of the
public health, safety and welfare to establish the Commercial Planned
Development District and regulations applicable within the District;

NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
FAIRVIEW, TEXAS:

SECTION 1.      That the zoning classification of that certain tract of land
generally bordered by Stacy Road (to the South), U.S. Hwy 75 (to the West), the
northern Town Limit line (to the North), and a line lying approximately 350 feet
east of, and parallel to, Highway 5 (to the east), consisting of approximately 800
acres and more particularly described in Exhibit “A”, is hereby amended from the
“Commercial” District zoning district classification to the “Commercial Planned
Development District” classification.

SECTION 2.      That Chapter 154 of the Code of Ordinances is hereby
amended by the addition of the article to be designated the “Commercial Planned
Development District” Zone (CPDD) and that Sections 154.200 through 154.211
are hereby added to read as follows:




W:\Fairview\Ordinances\CPDD.doc                                               Page 2
SECTION 154.200. PURPOSE. The Commercial Planned Development District
is hereby established to preserve, protect, and project the identity of Fairview’s
rural community through the implementation of streetscape design, site design
and architectural design standards. The approval of developments within this
District shall be directed at preserving the economic worth and value of property
within the entire District, not just that development along U.S. Highway 75.
Approval of development within the District shall also capitalize upon Fairview’s
existing landscape and topography, to preserve and showcase the community’s
unique environmental assets and agrarian heritage.           The standards and
guidelines for the district were developed as a result of a study and a plan with
design recommendations for the land which comprises the district.

SECTION 154.201. DEFINITIONS. Unless noted herein, words used in this
Ordinance shall have the meanings ascribed to them in the Town’s Zoning
Ordinance. The following words and phrases shall have the meanings ascribed
to them as follows:

      Central Single Family Preservation Zone (I) - This zone is a district of
attached or detached single-family dwellings and is intended to preserve the
context of Ranchette Estates.

        Commercial Planned Development District – (also referred to as the
District) the zone within the Town established by Ordinance No. ___________,
as amended from time to time.

      Commercial Vehicle - a truck, bus, truck-tractor, cargo trailer or other
motorized or towed vehicle which has a rated capacity of more than 15
passengers, a rated capacity of more than two tons by a manufacturer, or which
exceeds a length of twenty feet or a height of ten feet.

        Concept Plan - a document which establishes the basic development
intent for the property and sets up the conditions for more detailed planning and
regulations of the development.

        Eastern Single Family Residential Preservation Zone (L) - This is a district
of different types of detached single-family dwellings intended to preserve the
uniform residential character of areas east of Old Highway 5.

      Final Site Plan - a document which contains the details of development of
a property and contains the public and private improvements to be constructed
and the specific conditions for development.

       Multi-Phased Development - a development in which a developer
proposes an overall development on a typically larger land parcel but plans to
separate that development into separate distinct phases on different sections of
the land parcel.



W:\Fairview\Ordinances\CPDD.doc                                              Page 3
       Northern Ceremonial Parkway Zone (A) - This zone fronts the realigned
Highway 5 and is intended to reinforce the Town Center Zone. It is designed to
include large professional offices, medical facilities/offices, hotels/motels,
educational facilities (colleges, trade schools, etc.), retail/professional uses, and
restaurants.

        Northern Office/Commercial Zone (B) - This zone is intended for mixed
use and office areas, of a larger scale than other parts of the Commercial District.
It includes uses for large professional offices, medical facilities offices,
hotels/motels, educational facilities (colleges, trade schools, etc.),
retail/professional uses, and restaurants.

       Old Highway 5 Zone (G) - This zone includes parcels fronting both sides
of Old Highway 5 and reinforces the low density, non-urbanized identity of
Fairview. Intended uses includes small professional offices, single family, multi-
family, public buildings, church/temples, small retail/professional uses, parks and
schools.

        Residential Adjacency Zone (D) - This zone includes parcels that are
adjacent to existing residential uses and is designed to provide a suitable
transition from residential to non-residential uses. Includes single family, and
multi-family developments, and parks.

       Residential Transition Zone (H) - This zone includes parcels adjacent to
existing single-family residential uses, and is designed to provide transition from
existing single family to development of higher densities. It includes single-
family, multi-family, small professional offices/retail, day care centers, schools,
and parks.

      Single-Phased Development - a development in which the entire
development parcel is proposed for development as one project without multiple
phases.

       Southern Ceremonial Parkway Zone (J) - This zone is part of the Southern
Retail/Mixed-Use area and this area is closest to the areas of commercial
development emanating from south of Stacy Road. It is designed to include
medical uses, educational facilities, parks, restaurants, professional and retail
uses, motor vehicles uses, (car wash, service station, auto display), and most
commercial uses.

        Southern Edge Commercial Zone (K) - This zone is part of the Southern
Retail/Mixed-Use area and is directly adjacent to Stacy Road. It is intended to
include medical uses, educational facilities, parks, restaurants, professional and
retail uses, motor vehicles uses, (car wash, service station, auto display), and
most commercial uses.



W:\Fairview\Ordinances\CPDD.doc                                               Page 4
        Town Center Zone (E) - This zone fronts the Ceremonial Parkway and is
comprised primarily of residential density and retail opportunities. It is designed
to include residential uses, small retail businesses (book store, cafes, cleaners,
bakery, florist, gift shops, etc.), parks, and small professional offices.

       Town Square Zone (C) - This zone includes the Town square parcel and
is designed to accommodate essentially a town common in which civic buildings
are placed. It is comprised of public buildings (city, county, state, federal), public
parks, post offices, community centers, public auditorium, library and museums.

       Vehicle Ramp - a sloping connection between a street level and parking
level or between two parking levels.

        Western Office/Commercial Zone (F) - This zone includes parcels fronting
US 75 and the Ceremonial Parkway. It is designed for development of small
office/commercial uses and will primarily front US 75. It includes parks,
commercial amusement centers, cinemas, professional and retail uses (bakery,
camera shop, florist, beauty shop, photography studio, etc.), home improvement
stores, and hotels/motels.

SECTION 154.202. PERMITTED USES.

        Subject to the approval of the Town Council of a Final Site Plan for each
development, those uses defined in Section 154.203 are permitted uses within
the different zones of the Commercial Planned Development District as identified
in Exhibit “C”.     Any other use must be specifically authorized by the Town
Council after notice and hearing as provided herein and may be subject to such
conditions as the Town Council may determine reasonably necessary to mitigate
the impact of the use upon surrounding properties.

SECTION 154.203. LAND USE DISTRICT MAP AND USES.

       Subject to the approval of the Town Council of a Final Site Plan for each
development, the following uses are authorized in those generally defined tracts
of land depicted as zones, and enumerated in Exhibit “C”. The boundaries of the
zones shown on Exhibit “D” are intended for guidance and may be modified by
the Town Council as individual development plans are presented and reviewed
for approval.

                                  RESIDENTIAL USES

(1)    Single Family:
       a.     One dwelling unit located on a lot.

(2)    Duplex:
       a.    Two dwelling units located on a lot.



W:\Fairview\Ordinances\CPDD.doc                                                Page 5
(3)    Multiple Family:
       a.     Three or more dwelling units located on a lot.

(4)    Lodging or boarding house.
       a.    A structure that is rented to occupants for thirty (30) consecutive
             days or more and contains more than five units with living and
             sleeping accommodations, but no kitchen.

(5)    Hotel and Motel.
       a.     A building containing sixty or more guest rooms and furnishing
              customary hotel services such as linens, maid services, and the
              use and upkeep of furniture.

(6)    Retirement Housing.
       a.    A residential facility principally designed for persons 55 years of
             age or older. This use does not include a convalescent or nursing
             home, which is defined as a separate main use.

(7)    Town home.
       a.   A single-family house of two or three stories that is usually
            connected to a similar house by a common sidewall.

                         UTILITY AND SERVICE USES

(1)    Utility or government installation, other than listed.
       a.       A utility not elsewhere listed is a use by a public or private utility
                facility franchised or operated by the Town such as closed circuit
                television or steam distribution or any other utility not specifically
                covered by the use regulations in this section.

       b.     A government installation, not elsewhere listed is an installation
              owned or leased by a governmental agency such as a local transit
              station, local transit terminal, fire station, police station, court
              house, elevated water storage reservoir, or any other government
              facility not specifically covered by the use regulations in this
              ordinance.

(2)    Local utilities.
       a.     Electric power, telephone, gas, water, and sewage drainage lines,
              air pollution monitoring stations, inline facilities such as gas
              regulating stations and water pumping stations or by a public or
              private utility company.




W:\Fairview\Ordinances\CPDD.doc                                                Page 6
(3)    Electrical substations.
       a.     A facility for transforming electricity for distribution to individual
              customers.

(4)    Electrical Energy Generating Plant.
       a.     A facility franchised by the Town that generates electricity from
              mechanical power produced by gas, coal, or nuclear fission.

(5)    Radio, Television, or Microwave Tower.
       a.    A structure supporting antennae that transmits or receives any
             portion of the electromagnetic spectrum.

(6)    Commercial Radio or Television Transmitting Station.
       a.  A facility for transmitting commercial programming by radio or
           television within the commercial band of the electromagnetic
           spectrum.

(7)    Sewage Pumping Station.
       a.   A facility for pumping sewage.

(8)    Sewage Treatment Plant.
       a.   A facility for receiving and treating sewage from the Town sanitary
            sewer system.

(9)    Telephone exchange, switching and transmitting equipment.
       a.    A non-attended telephone switching or transmitting service.

(10)   Water reservoir, well or pumping station.
       a.    A water reservoir is a facility for the ground storage and
             transmission of water for use by the Town water system.

       b.     A well is a facility for the ground storage and transmission of water.

       c.     A pumping station is a facility for transporting water, including
              pumps, piping, valves and controls.

(11)   Water treatment plant.
       a.    A facility for purifying, supplying, and distributing Town water,
             including a system of reservoirs, channels, mains and purifying
             equipment.

                         TRANSPORTATION USES

(1)    Passenger bus station or terminal.
       a.   A facility for passenger bus docking, passenger loading, and
            unloading.



W:\Fairview\Ordinances\CPDD.doc                                               Page 7
(2)    Bus passenger shelter.
       a.    A structure, which affords protection from the weather to persons
             who are waiting to board a publicly owned or franchised bus.

(3)    Heliport.
       a.    A facility for the regularly scheduled landing of rotary wing aircraft.

(4)    Helistop.
       a.     A landing pad for the occasional and infrequent use by rotary wing
              aircraft.

(5)    Railroad passenger station (does not include railroad and storage yards).
       a.     A facility for the loading and discharging of train passengers.

                         COMMUNITY SERVICE USES

(1)    Post office.
       a.     A government facility for the transmission, sorting, and local
              distribution of mail.

(2)    Community, welfare or health center.
       a.  A community service facility where social, recreational, welfare
           health, or child care service is provided by a public, quasi-public,
           tax exempt, church or municipal agency.

(3)    Foster home.
       a.     A facility licensed by the state as a foster home that provides room,
              board, ordinary care, and supervision to individuals under 18 years
              of age, who are not related to the owner.

(4)    Child-care facility.
       a.     A facility that provides care, training, education, custody, treatment,
              or supervision for persons under 14 years of age who are not
              related by blood, marriage or adopting to the owner or operator of
              the facility, whether or not the facility is operated for the profit or
              charges for the services it offers. This use does not include:

              (i)    A facility that is operated in connection with a shopping
                     center, business, religious organization, or short periods
                     while parents or persons responsible for the children are
                     attending religious services, shopping, or engaging in other
                     activities on or near the premises, including but not limited to
                     retreats, or classes for religious instruction;




W:\Fairview\Ordinances\CPDD.doc                                                Page 8
                  (ii)    A school or class for religious instruction that does not last
                          longer than two weeks and is conducted by a religious
                          organization during the summer months;

                  (iii)   An educational facility operated primarily for educational
                          purposes in grades kindergarten and above;

                  (iv)    An educational facility that operates solely for the
                          educational purposes in grades kindergarten through at least
                          grade two, that does not provide custodial care for more than
                          one hour during the hours before or after the customary
                          school day, and that is a member of an organization that
                          promulgates, publishes, and requires compliance with
                          health, safety, fire, and sanitation standards equal to
                          standards required by state, municipal, and county codes;

                  (v)     A kindergarten or preschool educational program that is
                          operated as part of a public school or a private school that
                          offers educational programs through grades six, and does
                          not provide custodial care during the hours before or after
                          the customary school day; and

                  (vi)    An educational facility that is integral to and inseparable from
                          its sponsoring religious organization or an educational facility
                          both of which do not provide custodial care for more than
                          two hours maximum per day, and that offers educational
                          programs for children age five and above in one or more of
                          the following: kindergarten through at least grade three,
                          elementary, or secondary grades.

                                      MEDICAL USES

(1)    Hospital.
       a.    An institution licensed by the state as a hospital where sick or
             injured patients are given medical treatment.

(2)    Establishment for the care of alcoholic, narcotic, or psychiatric patients.
       a.     An establishment offering resident or outpatient treatment to
              alcoholic, narcotic, or psychiatric patients.

(3)    Convalescent and nursing homes and related institutions.
       a.   This use includes both:

             i.           establishment which furnishes (in single or multiple facilities)
                          food and shelter to five or more persons who are not related
                          by blood, marriage, or adoption to the owner or proprietor of



W:\Fairview\Ordinances\CPDD.doc                                                    Page 9
                     the establishment and, in addition, provides minor treatment
                     under the direction and supervision of a physician, or
                     services which meet some need beyond the basic provision
                     of food, shelter, and laundry; and

            ii.      an establishment conducted by or for the adherence of any
                     well-recognized church or religious denomination for the
                     purpose of providing facilities for the care or treatment of the
                     sick who depend exclusively upon prayer or spiritual means
                     for healing, without the use of any drug or material remedy,
                     provided safety, sanitary, and quarantine laws and
                     regulations are complied with.

(4)    Medical clinic or ambulatory surgical center.
       a.    A facility for examining, consulting with, and treating patients with
             medical, dental, or optical problems on an outpatient basis.

(5)    Medical or scientific laboratory.
       a.    A facility for testing and analyzing medical or scientific problems.

(6)    Optical shop.
       a.    A facility offering for sale optical items for the correction of vision.

(7)    Medical appliance fitting and sales.
       a.    A facility specializing in the retail sale or rental or special purpose
             devices related to medical treatment.

(8)    Ambulance service.
       a.   A commercial facility for the housing, maintenance, and dispatch of
            vehicles designed to transport sick or injured persons to medical
            facilities.

                                  RELIGIOUS USES

(1)    Church, synagogue or temple.
       a.    A facility principally used for people to gather together for public
             worship, religious training, or other religious activities. This use
             does not include home study meetings or other religious activities
             conducted in a privately occupied residence.

(2)    Establishment of a religious, charitable or philanthropic nature.
       a.     A facility sponsored or operated by an organization established for
              religious or philanthropic purposes, including, but not limited to
              residences for the indigent or handicapped and training and
              educational facilities.




W:\Fairview\Ordinances\CPDD.doc                                                 Page 10
(3)    Convent or monastery.
       a.   A convent is a residence of a religious community of nuns.

       b.        A monastery is a building in which monks live as a secluded
                 community of religious vows.

(4)    Rectory.
         a.     A building in which the head of a university, college, school or
                religious institution resides.

                                EDUCATIONAL USES

(1)    Public or private school.
         a.     Public school means a public school as defined by state law that
                has a curriculum for kindergarten, elementary, or secondary
                education.

            b.     Private school means a school that a child may attend and
                   thereby be exempt from state law requirements of compulsory
                   attendance at a public school, and that exists apart from the
                   child’s home.

(2)    Institute for special education.
       a.      A privately operated facility licensed by the state that provides
               special training or care for persons with above average intelligence
               or for defective, delinquent, or dependent persons such as mentally
               disabled, autistic, or brain-damaged persons.

(3)    Business school.
       a.    A business enterprise offering instruction and training in a service
             or the arts such as a secretarial, barber, commercial artist,
             computer software, and similar training.

(4)    Technical school.
       a.    A business enterprise offering instruction and training in a trade
             such as welding, bricklaying, machinery operations, and other
             similar trades or crafts.

(5)    College, university, or seminary.
       a.    A college or university is an accredited academic institution of
             higher learning beyond the level of secondary school.

       b.        A seminary is an institution for the training of candidates for the
                 priesthood, ministry, or rabbinate.




W:\Fairview\Ordinances\CPDD.doc                                              Page 11
(6)    College fraternity or sorority house.
       a.    A facility for housing a social or service organization of college
             students.

(7)    College dormitory.
       a.    A college residence hall providing sleeping rooms.

(8)    Library, art gallery, or museum.
       a.     An establishment for the loan or display of books or objects of art or
              science.

                  RECREATION AND ENTERTAINMENT USES

(1)    Public park or playground.
       a.     A recreational facility or park including stadiums, field houses, and
              accessory uses owned or operated by a public agency and
              available to the general public.

(2)    Game court center.
       a.   A facility that contains a court for engaging in tennis, handball,
            racquetball, or similar physical activities.

(3)    Private recreational club or area.
       a.     An area providing private recreational facilities           such   as
              playgrounds, parks, swimming pools and playing fields.

(4)    Public golf course.
       a.     A golf course open to the public.

(5)    Country club with private membership.
       a.    A private recreational club containing a golf course and a
             clubhouse that is available only to the country club membership
             and their guests.

(6)    Inside commercial amusement.
       a.     A facility that offers entertainment or games of skill to the general
              public for a fee where any portion of the activity takes place
              outside, including, but not limited to a golf driving range, archery
              range, or miniature golf course.

(7)    Outside commercial amusement.
       a.    A facility offering entertainment or games of skill to the general
             public for a fee where any portion of the activity takes place
             outside, including, but not limited to a golf driving range, archery
             range, or miniature golf course.




W:\Fairview\Ordinances\CPDD.doc                                             Page 12
(8)    Theatre.
       a.    A facility for showing motion pictures or theatrical performances to
             an audience inside an enclosed structure.

(9)    Two-screen cinema.
       a.    A theater encompassing no more than two screens where motion
             pictures are shown.

(10)   Multi-screen cinema.
       a.     A theater encompassing three or more screens where motion
              pictures are shown.

(11)   Carnival or circus (temporary).
       a.    A temporary traveling show or exhibition that has no permanent
             structure or installation.

(12)   Wax museum.
       a.   A commercial enterprise that displays wax figures of famous
            individuals and events for entertainment.

(13)   Amphitheater.
       a.    An oval or circular building with tiers of seats surrounding an open
             central arena.

                         BAR AND RESTAURANT USES

(1)    Bar, lounge or tavern.
       a.     An establishment offering alcoholic beverages to be on a private
              membership or club basis of operation. Beverages to be served on
              premises.

(2)    Drive-up restaurant.
       a.     An establishment offering food services         to   customers   in
              automobiles for consumption on the premises.

(3)    Restaurant without drive-in service.
       a.    An establishment for the sale and service of food to customers on
             the premise, but not in automobiles.

(4)    Private club.
       a.     An establishment for the association of a group of people for
              common purposes interest or pleasure.

(5)    Catering service.
       a.     An establishment that serves and supplies food to be consumed off
              premises.



W:\Fairview\Ordinances\CPDD.doc                                           Page 13
(6)    Restaurant with alcoholic beverages and/or entertainment (dine-in only).
       a.    An establishment where meals can be bought or eaten and
             alcoholic beverages may be consumed.

(7)    Restaurant without alcoholic beverages and/or entertainment only (dine-in
       only).
       a.     An establishment where meals only can be bought or eaten.

      PROFESSIONAL, PERSONAL SERVICE AND CUSTOM CRAFT USES

(1)    Office.
       a.      A place for the regular transaction of business.

       b.     Offices include doctor, dentistry, optometry, etc.

(2)    Temporary construction or sales office.
       a.   A residential structure or other facility temporarily used as a
            construction office, a model home for display purposes, or a sales
            office in a residential subdivision.

(3)    Bank or savings and loan offices.
       a.    A facility for the extension of credit and the custody, loan, or
             exchange of money.

(4)    Trade center.
       a.    A facility for exhibitions, trade shows, and conventions.

(5)    Barber and beauty shops.
       a.    A facility licensed by the state where haircutting, hairdressing,
             shaving, trimming beards, facials, manicures, or related services
             are performed.

(6)    Mortuary or funeral home.
       a.    A facility in which dead bodies are prepared for burial or cremation
             or funeral services are conducted.

(7)    Health studio.
       a.    A facility operated to promote physical fitness or weight control and
             where manipulated massage or exercises are practices upon the
             human body with or without the use of mechanical, therapeutic, or
             bathing devices.

(8)    Custom cleaning shop.
       a.   An establishment for the custom cleaning of individual garments,
            fabrics, rugs, draperies, or other similar items.



W:\Fairview\Ordinances\CPDD.doc                                            Page 14
(9)    Commercial cleaning shops.
       a.  A plant for cleaning garments, fabrics, rugs, draperies, or other
           similar items on a commercial or bulk basis.

(10)   Self service laundry or dry cleaning.
       a.     A facility for washing or dry cleaning garments and similar items
              where customers clean their own clothes.

(11)   Commercial laundry or dry cleaning.
       a.  A facility for laundering or dry cleaning garments and similar items
           where customers clean their own clothes.

(12)   Laundry or cleaning pickup and receiving station.
       a.    A facility that receives and dispenses laundry and dry cleaning that
             is processed in bulk by a commercial laundry or dry cleaning shop
             located elsewhere.

(13)   Key shop.
       a.    A facility for the sale and duplication of keys.

(14)   Shoe repair.
       a.    A facility for the repair or reconditioning of footwear, handbags and
             other similar items.

(15)   Tailor, custom sewing and millinery.
       a.      A facility to alter, repair, custom make, and fashion apparel and
               millinery.

(16)   Taxidermist.
       a.    A facility for preparing, stuffing and mounting the skins of animals,
             birds and fish.

(17)   Travel bureau.
       a.     An agency engaging in the selling or arranging of transportation,
              trips, or tours for individuals or groups.

(18)   Broadcasting or recording station.
       a.    A broadcasting studio is a facility for broadcasting live or
             prerecorded programs by radio or television.

       b.     A recording studio is a facility for recording on records, tapes,
              videotapes, or other suitable recording media.




W:\Fairview\Ordinances\CPDD.doc                                            Page 15
(19)   Instructional arts studio.
       a.     A facility for the instructing, coaching, or counseling in art, music,
              ceramics, drama, speech, dance, or similar personal skills or arts.

(20)   Handcrafted artwork studio.
       a.   A facility for the custom design of paintings or sculptures.

(21)   Handcrafted bookbinding.
       a.   A facility for custom hand binding of books and similar documents.

(22)   Photography studio.
       a.    A facility for taking and processing pictures.

(23)   Safe deposit boxes.
       a.    An establishment offering storage areas, which may be used for the
             keeping of personal items, including but not limited to jewelry,
             silverware, valuable metals and stones.

(24)   Commercial wedding chapel.
       a.  A facility not associated with a church, where a wedding is
           performed for a profit.

                                  RETAIL USES

(1)    Retail stores other than listed.
       a.     Any use not listed in this ordinance that offers consumer goods for
              inside retail sale.

(2)    Antique shop.
       a.    An establishment for the retail sale of articles such as glass, china,
             furniture, or similar furnishings and decorations that have value and
             significance as a result of age, design or sentiment.

(3)    Art gallery (commercial).
       a.     An establishment for the display of and sale of art.

(4)    Retail food stores.
       a.      An establishment for the display and retail sale of foods and
               associated items.

(5)    Bakery or confectionary shop.
       a.    A facility for preparing, cooking, baking, and the retail sale of candy,
             baked goods or other sweets.




W:\Fairview\Ordinances\CPDD.doc                                              Page 16
(6)    Book and stationary store.
       a.    A facility for the retail sale of books, pamphlets, papers, pens, ink
             and associated items.

(7)    Camera shop.
       a.   A facility for the retail sale of cameras, film, photographic paper,
            auxiliary lenses, photo finishing, photo finishing material, projection
            equipment, and other photography related items.

(8)    Cigar, tobacco, and candy store.
       a.     A facility for the retail sale of cigars, cigarettes, pipe tobacco,
              candies and other related items.

(9)    Clothing store.
       a.     A facility for the retail sale of apparel.

(10)   Drugstore.
       a.    A facility for the preparing, preserving, compounding, and the retail
             sale of drugs and medications.

(11)   Liquor store.
       a.     An establishment principally for the retail sale of alcoholic
              beverages as defined in the Texas Alcoholic Beverage Code, for off
              premise consumption.

(12)   Florist store.
       a.      A facility for the retail sale of cut or uncut flowers and ornamental
               plants and associated items.

(13)   Feed store.
       a.    A facility for the retail sale of grain, prepared feed, and forage for
             pets, livestock and fowl.

(14)   Garden shop or plant sales.
       a.   A facility for the display and sale of garden or flower seeds, plants,
            nursery stock and related items.

(15)   Pet shop.
       a.    A facility for the display and retail sale of small animals, fish and
             birds as pets.

(16)   Furniture store.
       a.     A facility for the display and retail sale of new furniture and
              appliances.




W:\Fairview\Ordinances\CPDD.doc                                             Page 17
(17)   Second hand store.
       a.   A facility for the retail sale of used merchandise.

(18)   Pawn shop.
       a.   A facility for loaning money on the security of personal property and
            the sale of unclaimed property.

(19)   Hardware or sporting goods store.
       a.   A hardware store is a facility for the retail sale of items such as
            cutlery, tools, utensil, screws, nails and similar items.

       b.     A sporting goods store is a facility for the retail sale of athletic
              equipment, clothing, and other sports related items.

(20)   Home improvement center.
       a.   A facility for the retail sale of home, lawn, and garden supplies.

(21)   Hobby and art supplies store.
       a.   A facility for the retail sale of model kits, art equipment, and
            materials, and similar art, and hobby supplies.

(22)   Paint and wallpaper store.
       a.     A facility for the retail sale of paints, painting equipment and
              wallpaper.

(23)   Swimming pool sales and supply.
       a.   A facility for the display, retail sale, and service of swimming pools
            and related supplies.

                       MOTOR VEHICLE RELATED USES

(1)    Automobile or motorcycle display, sales, and service (inside display).
       a.   A facility for the display, service and retail sale of new or used
            automobiles, motorcycles, motor scooters, recreational vehicles,
            and trailers.

(2)    Automobile or motorcycle display, sales, and service (outside display).
       a.   A facility for the display, service and retail sale of new or used
            automobiles, motorcycles, motor scooters, recreational vehicles,
            with outside display permitted.

(3)    Auto parts sales (inside only).
       a.    A facility for the retail sale of auto parts, tools and related items,
             with no outside storage.




W:\Fairview\Ordinances\CPDD.doc                                             Page 18
(4)    Car wash.
       a.    A facility for the washing or steam cleaning of passenger vehicles.
             A care wash may be:

             i.      A single unit type which has a single bay or a group of single
                     bays with each bay to accommodate one vehicle only; or

            ii.      A tunnel unit type which allows washing of multiple vehicles
                     in a tandem arrangement while moving through the
                     structure.
(5)    Service station.
       a.    A facility for the retail sale of motor vehicle fuel, lubricating oils, and
             parts for use in motor vehicles.

(6)    Surface parking.
       a.    A passenger vehicle parking facility.

(7)    Commercial parking lot or garage.
       a.  A vehicle parking facility that is operated as a business enterprise
           by charging a fee for parking.

                                  COMMERCIAL USES

(1)    Appliance fix-it shop.
       a.    A facility for the repair of household and home equipment such as
             radios, televisions, electrical appliances, lawn mowers, tools and
             similar items.

(2)    Custom furniture construction repair, upholstery shop.
       a.   A facility for making, repairing or reupholstering furniture on a single
            item basis.

(3)    Building repair and maintenance shop.
       a.     A facility providing general building repair and maintenance service.

(4)    Tool and equipment rental (inside display only).
       a.    A facility for renting tools and equipment with no outside display.

(5)    Job printing, lithographer, printing, or blueprinting plant.
       a.     A facility for the commercial reproduction of written material or
              drawings on a bulk basis using lithography, offset printing,
              blueprinting, and similar methods.

(6)    Duplication shop.
       a.    A facility for the reproduction on standard or legal size paper by
             office type photocopiers.



W:\Fairview\Ordinances\CPDD.doc                                                 Page 19
(7)    Custom print shop.
       a.   A facility which performs custom printing.

(8)    Gummed label printing.
       a.  A facility for the cutting, printing and binding of labels made from
           gummed paper.

(9)    Venetian blind or window shade repair, assembly and sales.
       a.    A facility for the repair, assembly, or sale of Venetian blinds and
             window shades.

(10)   Computer service center.
       a.   A facility for the service and repair of computers.

(11)   Custom commercial engraving.
       a.   A facility for the engraving or etching of items, including, but not
            limited to trophies and name plates, or the laminating of paper or
            other items in protective or decorative plastics.

(12)   Greenhouse.
       a.   A facility for the wholesale growing garden or flower seeds, plants,
            nursery stock and related items.

(13)   Diamond and precious stone sales (wholesale only).
       a.   A facility for the sale of diamonds and precious metals or gems at
            wholesale only and the occasional mounting of diamonds, precious
            gems and jewelry.

(14)   Design or decorative center.
       a.    A facility for the display of furniture and related decorative items.

                         ANIMAL RELATED USES

(1)    Veterinarian’s office.
       a.     A facility for the prevention, treatment, cure, or alleviation of
              disease and injury in animals.

(2)    Animal clinic without inside run.
       a.    An animal clinic that does not include an outside run.

(3)    Animal clinic with outside run.
       a.    An animal clinic as defined in above that has outside enclosures for
             the animals.




W:\Fairview\Ordinances\CPDD.doc                                               Page 20
(4)    Kennel with outside run.
       a.   A facility for the breeding or boarding of animals that has outside
            enclosures for the animals.

                  INDUSTRIAL AND MANUFACTURING USES

(1)    Temporary concrete or asphalt batching plant.
       a.   A temporary facility for mixing concrete or asphalt.

(2)    Light fabrication and assembly.
       a.     A facility for the manufacturing of jewelry, trimming, decorations
              and any similar items.

(3)    Clothing manufacturing.
       a.     An operation involving cutting, sewing, forming and packing of
              garments and similar items including the making of millinery and
              clothing accessories.

(4)    Bedspread, drape, and headboard manufacturing.
       a.   A facility for the manufacturing of bedspreads, drapes, headboards
            and similar bedding materials.

(5)    Warehouse.
       a.   A facility for the inside storage of commodities.

(6)    Mini-warehouse.
       a.    A building or group of buildings containing one or more individual
             compartmentalized storage units for the inside storage of customer
             goods or wares, where no unit exceeds 500 square feet in floor
             area.

(7)    Manufacturing laboratory.
       a.   An operation involving compounding of products such as perfumes,
            pharmaceuticals, and the development and assembly of
            instruments and similar items.

                                  ACCESSORY USES

(A)    General provisions.
       1.   An accessory use must be a use customarily incidental to a main
            use. An accessory use not listed in Subsection (B) is permitted if
            the accessory use complies with Subsection (A).

       2.     An accessory use is permitted in any district in which the main use
              is permitted.




W:\Fairview\Ordinances\CPDD.doc                                           Page 21
       3.     An accessory use must be located on the same lot as the main use,
              and must not be across from a street or alley from the main use.

       4.     Unless otherwise specifically required in this section, an accessory
              use must comply with all regulations applicable to the main use.

(B)    Specific accessory uses.     The following accessory uses are subject to
       the general provisions in Subsection (A) and the regulations below:

(1)    Game court (private).
       a.   A court for engaging in tennis, handball, racquetball, or similar
            physical activities.

(2)    Swimming pool (private).
       a.   A swimming pool constructed for the exclusive use of the residents
            of a residential use.

(3)    Private stable.
       a.     An area for the keeping of horses for the private use of the property
              owner.

(4)    Home occupation.
       a.   An occupation, that is incidental to the primary use of the premises
            as a residence, conducted on the residential premises by an
            occupant of the residence.

(5)    Occasional sales (garage sales).
       a.    The sale of tangible personal property at retail by a person who is
             not in the business of selling tangible personal property at retail.

(6)    Community center (private).
       a.  An integral part of a residential project or community unit
           development that is under the management and unified control of
           the operators of the project, and that is used by the tenants of the
           project for a place of meeting, recreation, or social activity.

(7)    Amateur communication tower.
       a.   A tower with an antenna that transmits amateur radio, citizen band,
            or both spectrums, or that receives any portions of a radio
            spectrum.

(8)    Private street or alley.
       a.     A thoroughfare or an alley built to the same specifications as a
              street or alley dedicated to the public use, whose ownership has
              been retained privately.




W:\Fairview\Ordinances\CPDD.doc                                            Page 22
(9)    Farmers market (temporary):
       a.   A gathering or the sale of goods or livestock.

(10)   Agriculture.
       a.     The practice of cultivating or farming land.

(11)   Street fairs (temporary).
       a.     A periodic gathering for the sale of goods, often with shows and
              entertainments.

SECTION 154.204. PROCEDURES FOR REVIEW OF CONCEPT PLAN AND
FINAL SITE PLAN.

(A)    Generally.

       An application for approval of a Concept Plan or a Final Site Plan in the
Commercial Planned Development District shall be processed as an amendment
to the Zoning Ordinance. Property owners shall be notified, public hearings shall
be conducted, and notice and publication shall be made in accordance with the
requirements of Texas Local Government Code Chapter 211, as amended. If an
applicant submits an application for approval of a Concept Plan and a Final Site
Plan concurrently, the Final Site Plan and Project Design Plan shall be
considered after approval of a Concept Plan as part of a single application. A
development will be assigned a Zone at the time of approval of the Final Site
Plan.

(B)    Requirements for pre-application conference.

       A person may not submit an application for approval of a Concept Plan or
a Final Site Plan without first submitting a pre-application and request for a pre-
application conference, which must include the following information relating to
the property:

       (1)    A letter to the Manager of Planning Services requesting a pre-
              application conference.

       (2)    Property description by metes and bounds or lot of record and
              street address.

       (3)    A property survey of the property identifying all easements and
              rights of way.

       (4)    A development proposal stating the intended uses, density and any
              phases of development.

      The Town Administrator may waive the requirement for a pre-application
conference if the Administrator determines that the nature of the proposed


W:\Fairview\Ordinances\CPDD.doc                                            Page 23
development does not necessitate a conference, or the Town’s interest will be
better served by proceeding with an application for a Concept Plan.

(C)    Purpose.

      The purpose of the pre-application conference is for Town staff and
consultants to explain the requirements and conditions of the Commercial
Planned Development District Ordinance, the development objectives of the
Town, and provide the opportunity for the Town to more fully understand the
development proposed by the applicant.

(D)    Process.

      Within 15 days of receipt of the written request for a pre-application
conference, the Manager of Planning Services shall forward the applicant written
notice of a date and time to meet with the applicant. The applicant is encouraged
to bring consultants working on the project design and application documents.
The pre-application conference does not guarantee approval of an application.

SECTION 154.205. CONCEPT PLAN.

(A)    Purpose.

       The purpose of the Concept Plan is to establish the general conditions of
development that will be required of the Final Site Plan. The Concept Plan is the
first of two formal development submittals for approval by the Planning and
Zoning Commission and the Town Council.

(B)    Concept plan application.

      An applicant for approval of a Concept Plan shall submit the following
information relating to the proposed development:

       (1)    Existing and proposed site conditions.

       (2)    Site boundaries and dimensions, lot lines, site acreage and square
              footage, and approximate distance to the nearest cross street.

       (3)    Location map, north arrow, scale, title block, and site/ development
              summary table.

       (4)    Most recent, available topographic information from NCTCOG.

       (5)    Natural features, including tree groupings, flood plains, drainage
              ways, and creeks.

       (6)    Land use on site and on adjacent properties, including assignment
              of use to specific locations within the plan.


W:\Fairview\Ordinances\CPDD.doc                                           Page 24
       (7)    Maximum allowable building coverage, density, and height.

       (8)    Minimum building setbacks and use.

       (9)    The approximate shape and placement of buildings.

       (10)   Existing and proposed public streets, including ROW widths, any
              other rights of way (including easements), median openings, turn
              lanes (including storage and transition space), and other driveways
              (including those on adjacent property) showing the general
              circulation of the development.

       (11)   Proposed dedications and reservations of land for public use
              including but not limited to required landscape setbacks, rights of
              way, easements, park land, open space, drainage ways, flood
              plains, and facility sites.

       (12)   General parking layout and approximate parking count, with
              indication of parking landscape areas.

       (13)   Monument sign, project sign, and detached premise sign locations.

       (14)   Phases of development, including delineation of areas, building
              sites, land use and improvements to be constructed in independent
              phases.      Also the anticipated timing and sequencing of
              development phases.

       (15)   Any existing covenants or site restrictions.

       This submission shall be on one or more 24 inch by 36 inch sheets, drawn
at as large a scale as possible, while still allowing the entire development and
portions of the adjacent properties to be illustrated.

(C)   Waiver and deferral.

       The applicant may request that the Town Administrator waive or defer any
of the above requirements of the Concept Plan that are not necessary or are not
applicable for the review of a specific development. If a waiver or deferral is
granted, the Town Administrator shall note that fact on a cover sheet attached to
the Concept Plan and if a deferral is granted, shall specify thereon the date at
which the items are to be submitted.

(D)    Process.

       (1)    Generally - Unless waived or submitted concurrently, an applicant
              must have an approved Concept Plan for the entire development
              parcel before submitting a Final Site Plan. Because of differences
              in property development parcel sizes, a Concept Plan may be


W:\Fairview\Ordinances\CPDD.doc                                           Page 25
              submitted as either a Single-Phase Development or Multi-Phase
              Development.

       (2)    Single-Phase Development – For a Single-Phase Development, the
              applicant may:

              (a)    request waiver of the Concept Plan submittal and, if
                     approved, proceed directly with an application for approval of
                     a Final Site Plan. If the Town Administrator is of the opinion
                     that a particular proposed development can be adequately
                     reviewed by proceeding directly to review of a Final Site
                     Plan, and upon request of the applicant, the Town
                     Administrator may waive the Concept Plan review process;

              (b)    submit an application for approval of a Concept Plan and
                     Final Site Plan concurrently for the development parcel. In
                     such event, the Concept Plan will be considered first and, if
                     approved, the Final Site Plan and Project Design will be
                     considered sequentially at the same meeting or series of
                     meetings; or

              (c)    submit a Concept Plan for approval, and after the Planning
                     and Zoning Commission and Town Council have approved
                     the Plan in accordance with normal procedures, submit an
                     application for approval of a Final Site Plan at a later time.

       (3)    Multi-phased Development – For a Multi-Phased Development, the
              applicant:

              (a)    must submit for approval a Concept Plan for the entire
                     development parcel. (A Concept Plan for a multi-phased
                     development may not be waived); and

              (b)    may submit an application for approval of a Final Site Plan
                     for the first phase of the development concurrently with the
                     submission of the Concept Plan.

SECTION 154.206. SITE PLAN AND PROJECT DESIGN

(A)    Purpose.

      The Final Site Plan is the final step of the Commercial Planned
Development District process. It contains the details of development of the
process and is reviewed in conjunction with the Commercial Planned
Development District Standards and Guidelines.




W:\Fairview\Ordinances\CPDD.doc                                            Page 26
(B)    Final Application for Site Plan.

       An applicant shall submit the following information on one or more 24 inch
by 36 inch sheets:

       (1)    Existing and proposed site conditions and improvements.

       (2)    Proposed name of business and and/or development.

       (3)    Proposed building locations, dimensions, size, density and finished
              floor elevations of structures referenced to sea level datum if
              adjacent to the 100 year flood plain.

       (4)    All building setbacks, including front, side, rear and sidewalk.

       (5)    Location of site, computed acreage or square footage, current
              names and addresses of developer, owners of record, and abutting
              land owners and project name if applicable.

       (6)    Name and address of person or firm preparing the plat/site plan
              (which must be prepared and stamped by a registered land
              surveyor or registered professional engineer), name and address of
              persons or firm preparing other data and information if different
              from preparer of the map.

       (7)    Abutting properties with approximate location of the structures
              thereof including access roads.

       (8)    The shape, size, height and location of existing structures located
              on the site if they are to remain as part of the project, otherwise not
              needed.

       (9)    The location and approximate size of structures within 200 feet of
              the site, including all driveways.

       (10)   Exterior lighting plan which meets requirements set forth in Chapter
              156 of the Town Code of Ordinances.

       (11)   Parking areas and structures, street names and widths, medians,
              alleys, parking spaces (include # of spaces), handicap parking
              spaces (include # of), ramps, crosswalks, and loading areas. All
              shown with dimensions and radii.

       (12)   Access easements and off site parking.

       (13)   Building service, dumpster, and trash compactor locations and
              screening.



W:\Fairview\Ordinances\CPDD.doc                                                  Page 27
       (14)   Location and design of screening walls, fences, living screens,
              retaining walls, headlight screens, service area screens, including
              height, type of construction and planting specifications.

       (15)   Site landscaping, parking lot landscaping, landscape setback
              landscaping, open spaces, green areas, and any other required or
              offered landscape improvements, including planting specifications
              and irrigation.

       (16)   Water and sanitary sewer mains and service lines with sizes,
              valves, fire hydrants, manholes, and other structures on site or
              immediately adjacent to the site specified.

       (17)   Topographic information with a maximum two feet in contour
              showing grading, drainage, and storm sewer lines.

       (18)   Water and sewer connections, meter locations, size, and meter
              and/ or detector check valve vaults indicated. Table of number of
              water meters by size and noting if they exist or are proposed.

       (19)   Inlet, culverts, and other drainage         structures   on-site   and
              immediately adjacent to the site.

       (20)   Other engineering plans.

       (21)   Traffic impact analysis.

       (22)   Tree preservation and protection plan which meets                  the
              requirements of Chapter 96 of the Code of Ordinances.

       (23)   Building elevations, roof plans and building envelope, description of
              proposed exterior building materials and general color scheme of
              the building exterior.

       (24)   Sidewalks, walkways and gathering spaces, including dimensions.

       (25)   Sign elevations and specifications indicating color on all project and

       (26)   Monument signs, but not required on site signs.

       (27)   Proposed covenants or site restrictions establishing a plan for
              permanent care, replacement, and maintenance of any living buffer,
              plants on any common areas or commonly owned facility, and
              plants within any landscape setback zone or other land use
              controls.

       (28)   Location map, north arrow, scale, title block and site/development
              summary table.


W:\Fairview\Ordinances\CPDD.doc                                              Page 28
       (29)   One disk that contains all the above information in AutoCAD format.

       (30)   A record of any modifications to the Commercial Planned
              Development District Standards approved by the Town Council.

SECTION 154.207. AMENDMENTS TO A CONCEPT PLAN OR FINAL SITE
PLAN.

(A)    Generally:

      A property owner may request an amendment to an approved Concept
Plan or Final Site Plan at any time. Amendments are classified as major or minor
and each has a separate process.

(B)    Minor Amendments:

       The Town Administrator or the Administrator’s designated representative
may approve or disapprove a minor amendment to plans adopted by ordinance
provided the amendment does not:

       (1)    change the basic relationship of the proposed development to
              adjacent property;

       (2)    increase the intensity or density of development;

       (3)    substantially alter the arrangement of buildings or change the use
              of building space designated on the original building plan;

       (4)    increase the number of residential units;

       (5)    increase the height of buildings;

       (6)    substantially alter vehicular       circulation   or   the   placement/
              arrangement of parking areas;

       (7)    reduce or lessen the effectiveness of open space, landscape
              buffers, and edges;

       (8)    substantially alter or change the design elevation, roof pitch,
              materials, or massing of the buildings;

       (9)    increase the ratio of the gross floor areas in structures to the area
              of any lot;

       (10)   change access to streets;

       (11)   increase the size, lighting, or orientation of signs; or




W:\Fairview\Ordinances\CPDD.doc                                               Page 29
       (12)   conflict with regulations specified within the ordinance establishing
              the district.

(C)    Major Amendment:

       Any amendment other than specified in Section B. or any amendment that
the Town Administrator, in his discretion, determines should be forwarded to the
Town Council, shall be considered as a major amendment and shall be
considered by the Planning and Zoning Commission and Town Council at public
meetings in accordance with the same procedures and requirements for approval
of a Concept Plan or a Final Site Plan.

SECTION 154.208. COORDINATION WITH SUBDIVISION REGULATIONS
AND CHAPTER 155.

(A)     A developer may submit an application for approval of a preliminary or
final plat simultaneously with an application for approval of a final site plan. The
Town may process the application simultaneously with the review of an
application for approval of a Final Site Plan for a development in the Commercial
Planned Development District.

(B)    The Final Site Plan required for a development in the Commercial Planned
Development District may be submitted in a form which will satisfy the
requirements of the subdivision ordinance for the preliminary and final plats
required under those regulations.

(C)    The provisions of Sectio ns 155.006, 155.007, 155.008,
155.025 through Section 155.099 of Chapter 155 of the Code of Ordinances
shall not be applicable to a proposed development of property within the
Commercial Planned Development District.

SECTION 154.209. DEVELOPMENT STANDARDS.

      The following regulations and procedures shall apply to the Commercial
Planned Development District:

(A)    Commercial Planned Development District Standards:

       The Commercial Planned Development District Standards, attached to
and made a part of this ordinance as Exhibit “B”, shall apply to development
within the Commercial Planned Development District. All standards set forth in
this Ordinance are cumulative in nature. Where properties contain more than
one use, the requirements for each use shall be met.




W:\Fairview\Ordinances\CPDD.doc                                             Page 30
(B)    Parking:

     Each development within the District shall provide a minimum number of
permanent on-site parking spaces in accordance with the following provisions:

       (1)    Required Off Street Parking: The number of required off street
              parking spaces required for each use permitted in the District are
              set forth in the Parking Tables attached to this Ordinance as
              Exhibit “E”.

       (2)    Change of Use: Whenever the type of use of any existing building
              is changed to another type of use that requires more parking
              spaces under this ordinance than was required from the prior use,
              additional permanently maintained parking spaces must be
              provided, for said building and any other existing building located
              on the parcel(s). The number of required additional parking spaces
              shall be computed by determining if the number of parking spaces
              required for the new use is greater than that required for the
              previous use. If there is an increased number of parking spaces
              required for the new use, that increased number of additional
              parking spaces shall be added to the number of parking spaces
              required for the prior use.

       (3)    Collective Use of Space: The Town may approve the collective use
              of parking spaces to meet required off street parking requirements
              of the spaces so used are identified on a single development plan
              submitted for approval and a “Shared Parking Study” has been
              completed by a registered traffic engineer for peak and off peak
              hour parking requirements. The Town Council may, at its discretion
              upon review of the study, approve shared parking.

       (4)     Program for Alternative Transportation Modes: The Town Council
              may at its discretion approve a Trip Reduction and Alternative
              Transportation Program to reduce the onsite parking requirements.
              Programs fulfilling this option must be prepared by a registered
              transportation engineer and provide for periodic verification at two-
              year intervals at no cost to the Town.

       (5)     Revocation of permit: The Town Administrator shall not issue a
              building permit or certificate of occupancy for any structure unless
              the Administrator finds that the applicant has complied with this
              Ordinance. The Town shall have continuing jurisdiction over any
              building permit or certificate of occupancy, whenever it has been
              established by the Town Administrator, that any collective parking
              rights or privileges acquired to establish the Collective Use of
              Parking Spaces have expired or are about to do so. The failure of



W:\Fairview\Ordinances\CPDD.doc                                            Page 31
              any such permit holder to provide substitute off street parking at the
              date of such expiration, is grounds for revocation of any such
              permit or certificate of occupancy. In the alternative, the Town may
              enforce such parking requirements by any legal means available.

       (6)    Parking in a Required Yard Space: A person commits an offense if
              the person parks a vehicle in any required yard.

       (7)    Entrances and Exits: Each entrance and exit to a parking lot shall
              be constructed and maintained so that a pedestrian within ten (10)
              feet of the driveway is visible to the driver when the vehicle is
              stopped at the property line. A minimum view easement shall be
              maintained, establishing a triangular zone, which begins at the
              intersection of a line projecting from the driveway edge and
              intersecting with the street right of way line. From this point, the
              view easement zone shall extend thirty-five (35) feet, creating two
              legs of a triangle that are connected at their furthest points to create
              a triangular zone. Within this zone, the maximum height of any
              landscaping and/or structure is twenty-four (24) inches.

       (8)    Bicycle Parking: Bicycle parking spaces shall be provided for all
              commercial and industrial uses at the rate of one bicycle space for
              every 10 vehicle parking spaces for the first 100 required spaces
              and every 100 vehicle parking spaces thereafter.

       (9)    Parking of Commercial Vehicles: A person commits an offense if
              the person parks a commercial vehicle off street in the _____ zones
              (that are developed for multifamily dwelling units or single family
              dwelling units where the lot size is less than one acre,) is not
              permitted except for those times it is necessary in the course of
              transacting business at the residence and then only for such time
              as is necessary to complete the delivery or provide services.

       (10)   Off Site Parking: Required off street parking spaces shall be
              located on the same lot as the use served, except that office,
              commercial, industrial, and mixed use development may provide
              such parking on a lot within a walking distance of 500 feet. Walking
              distance shall be defined as the distance from the outside entrance
              of a structure or use to the center point of the off site parking area
              being used. The Town Administrator may approve walking distance
              of up to 1,250 feet.

       (11)   Agreement for Use of Off Site Parking: Whenever any required off
              street automobile parking space is provided on a different lot from
              that on which the use they are to serve is located, the applicant
              shall provide an agreement, in a form satisfactory to the Town



W:\Fairview\Ordinances\CPDD.doc                                               Page 32
              Attorney, that is executed and recorded by each owner of the lot or
              lots on which the parking is to be provided and each owner of the
              lot on which the use to be served by such off site parking spaces is
              located. This agreement may be in the form of an easement,
              covenant running with the land, or other satisfactory agreement,
              and shall provide that the off site parking spaces shall be
              maintained so long as the use they are intended to serve is
              maintained. This agreement must not be amended, modified, or
              rescinded without the prior written consent of the Town.

       (12)   Notation of Off Site Parking: A certificate of occupancy for the use
              served by off site parking spaces must bear a notation that it is
              valid only while each required parking space provided is
              maintained. A record shall be kept of each lot on which the
              required automobile parking space is no longer maintained and the
              owners of the lot on which the use served by such off site parking
              shall be notified of the fact.

       (13)   Fractions: In calculations of the number of required parking
              spaces, fractions of one half (1/2) or greater shall be considered to
              require one space.

       (14)   Compact Cars: Twenty-seven percent (27%) of all required parking
              may be for small cars for parking lots containing more than 25
              spaces, with the layout of Compact car spaces to be indicated on
              the development plan submitted for approval.

       (15)   Parking for Disabled Facilities: Parking spaces for the disabled
              must be provided in accordance with the following table:

                        Total Number of Required        Minimum Number of
                        Off-street Parking Spaces   Handicapped Spaces Required
                                    1-50                         1
                                  51-100                         2
                                 101-300                         3
                                 301-500                         5
                                 Over 500                    1% of total

       For the purposes of satisfying the off-street requirement of any use, a
handicapped parking space is the equivalent of an off street parking space.
Where this standard and the standards imposed by the State responsible for
assuring accessibility, the requirements of the State jurisdiction shall prevail.

(C)    Loading, Driveways, Services, and Truck Facilities:

       (1)    Dock high loading facilities shall not be located within the front
              building plane facing the front yard or the building plane with street
              frontage when a residential or retail use is opposite that side yard.


W:\Fairview\Ordinances\CPDD.doc                                             Page 33
       (2)    The trash or garbage collection facility shall be placed in the rear
              yard. Where a lot fronts on two roadways, this facility may not be
              placed in any portion of the rear yard that lies within the side yard
              set back line. A trash or garbage collection facility shall be
              screened from street view and maintain an additional 10 foot set
              back from any property line to allow for such screening.

       (3)    Open storage of any materials or vehicles, which remain on the site
              for more than 24 hours, must not be located within the front yard or
              the side yard facing any street. Any such storage areas shall
              maintain an additional 10-foot setback from any property line to
              allow for required screening.

       (4)    Truck loading space shall be required on the same premises with
              every building, structure, or part thereof if the Town Administrator
              determines that such loading interferes with short-term or visitor
              parking.

       (5)    Where a parking area contains twenty-five (25) or more parking
              spaces, a two way driveway access must be provided with a
              minimum paving surface width of twenty-two (22) feet.

       (6)    When less than 25 spaces are provided, a one-way driveway may
              be provided and that driveway must not be less than ten (10) feet in
              width. When the driveway is part of a required fire lane it shall
              never be less than the minimum width required by the Uniform Fire
              Code.

       (7)    All driveways for conveyance vehicles shall be a minimum of
              twenty-five (25) feet in width and provide turning radii designed to
              recognized standards for the vehicle type anticipated.          The
              minimum turning radii for any driveway is 25 feet.

       (8)    To accommodate delivery of people, mail, or packages, a 12-foot
              wide loading lane or temporary loading zone is required adjacent to
              all driveways or parking areas that serve the primary entrance to a
              building. This provision shall be located within 100 feet of the front
              entry for personnel and 50 feet of any specified delivery door not
              provided with a dock.

(D)    Parking Design Standards:

       (1)    Dimensions and Standards:          The required dimensions and
              standards for all parking lot designs shall conform to the standards




W:\Fairview\Ordinances\CPDD.doc                                             Page 34
              of the Transportation Institute for the type of parking lot to be
              constructed.

       (2)    Emergency Standards: All provisions for emergency vehicles shall
              conform to the standards of all applicable life safety and building
              codes.

       (3)    Structured Parking Ramps: Vehicle ramps longer than sixty-five
              (65) feet must not exceed 12% slope with the first and last eight (8)
              feet of the ramp incline not exceeding 6%. When the ramp length is
              less than sixty-five (65) feet, the slope shall not exceed 16% with
              the first ten (10) feet of the ramp incline not exceeding 8% slope.

       (4)    Parking Area Slope: The slope of all parking areas shall not
              exceed 5%, excluding ramps.

       (5)    Enclosed Parking: All motor vehicles incapable of movement under
              their own power, other than in cases of emergency, shall be stored
              in an entirely enclosed space or carport.

(E)    Landscaping Requirements:

       (1)    Plantings: Each development within the Commercial Planned
              Development District shall comply with the planting requirements
              set forth in Exhibit “B.”

       (2)    Irrigation Plans:     Irrigation Plans prepared by a registered
              irrigation designer shall be provided for all plans submitted to show
              compliance with the landscape standards of this Ordinance.

       (3)    Maintenance: The property owner shall maintain the landscaping
              within the development in a healthy condition.

       (4)    Replacement:      The property owner shall be responsible for
              replacing dead, diseased and/or damaged trees, shrubs,
              groundcover, beds and other plantings to meet the requirements of
              the landscape plan approved as part of the Final Site Plan. The
              Town shall notify the property owner of its obligation to replace
              dead, diseased, damaged, and/or missing trees or plants. A
              property owner commits an offense if the property owner fails to
              replace the trees and/or plantings within 90 days after notice.

(F)    Design Standards and Specifications:

      In addition to the Standards specified in Exhibit “B”, the design standards
and specifications specified in Section 154.174 of the Town Code of Ordinances



W:\Fairview\Ordinances\CPDD.doc                                            Page 35
shall apply unless such provisions conflict with the provisions of Exhibit “B”. In
the event of a conflict between the design standards and specifications set forth
in Section 154.174 of the Town Code and the standards set forth in Exhibit “B”
hereof, the standards specified in Exhibit “B” shall prevail.

(G)    Requirements:

       No application for a building permit for the construction of a building or
structure shall be considered or approved unless the property on which the
proposed improvements are planned has been platted and the Town Council has
approved a Final Site Plan for the use on the property.

SECTION 154.210. DEVIATIONS AND MODIFICATIONS TO DESIGN
STANDARDS AND SPECIFICATIONS.

(A)    The Town Council, when considering the Concept Plan and/or the Final
Site Plan of a proposed development, may modify one or more requirements
contained in Exhibit “B” hereto, if the applicant demonstrates to the satisfaction of
the Town Council, that the requirement in question:

       (1)    presents exceptional or extraordinary conditions applicable to the
              property that do not apply generally to all property affected by this
              ordinance and which would result in unreasonable, unnecessary
              hardship; and

       (2)    is not detrimental to the public welfare or injurious to the property or
              other property or improvements within the District.

(B)     In granting a modification, the Town Council may impose any conditions
that it deems necessary or desirable to protect the public interest.

(C)   Any request for a modification submitted subsequent to approval of the
Final Site Plan must be submitted and considered in accordance with the
procedures outlined in Section 154.207.

(D)    The Manager of Planning Services shall notate each modification granted
on the Final Site Plan.

SECTION 154.211. PROHIBITED USES.

(A)    Offense.

       A person commits an offense if the person uses:

       (1)    any building erected on land for any uses other than those shown
              on the Final Site Plan as approved by the Town Council; or



W:\Fairview\Ordinances\CPDD.doc                                               Page 36
       (2)    any property located within the Commercial Planned Development
              District in a way that does not adhere to the requirements as shown
              in the Final Site Plan as approved by the Town Council.

(B)   Defense.

      It is a defense to prosecution under Subsection A hereof that the person
was using the building or property on or before the effective date of this
Ordinance.

SECTION 3. The following exhibits attached hereto are hereby incorporated by
reference herein:

       Exhibit A – Legal Description of Land included within the District

       Exhibit B – Commercial Planned Development District Standards and
       Guidelines

       Exhibit C – Permitted Land Uses

       Exhibit D – Land Use District Map

       Exhibit E --Table of Parking Requirements

       SECTION 4. That Section 153.072 of the Code of Ordinances, Town of
Fairview, is hereby amended to add a new subsection C. to read as follows:

SECTION 153.072. EASEMENTS.

       ....

        (c) For a development within the Commercial Planned Development
District, easements shall be dedicated in accordance with the requirements of
Ordinance ____________ (the Design Criteria or the Subdivision Chapter).

SECTION 5. That Section 153.028 of the Code of Ordinances, Town of Fairview,
is hereby amended to add a new subsection (U) to read as follows:

153.028. NEW FEATURES INCLUDED IN PRELIMINARY PLAT.

       The preliminary plat shall contain the following new features:

       ....




W:\Fairview\Ordinances\CPDD.doc                                             Page 37
       (U)    For a tract of land located within the Commercial Planned
              Development District, the plat shall shall contain such features and
              comply with the requirements of Ordinance No. _______.

SECTION 6. That Section 153.046 of the Code of Ordinances, Town of Fairview,
is hereby amended to add a new subsection (1) to read as follows:

153.046. GENERAL REQUIREMENTS FOR FINAL PLAT.

        (I) Final plats located within the Commercial Planned Development
District shall comply with the requirements of Ordinance No. .

SECTION 7. That Section 153.074(B)(1) of the Code of Ordinances, Town of
Fairview, Texas, is hereby amended to read as follows:

SECTION 153.074        REQUIREMENTS LISTED IN OTHER CHAPTERS OR
SECTIONS.

       ....

       (B) Roads, streets, alleys, sidewalks, storm sewer, drainage, water,
sanitary sewer and septic systems, utility services, street lighting and driveway
approaches.
             (1)   The preliminary and the final plat must show all proposed
                   roads, streets, alleys, sidewalks, storm sewers, drainage,
                   water systems, sanitary sewer systems, septic systems,
                   utility services, street lighting and driveway approaches to be
                   in compliance with the provisions of Chapters 51 and 97 of
                   this code, and for land located in the Commercial Planned
                   Development District, with Section ____ of Ordinance No.
                   , which provides the requirements for such improvements.
                   Failure of the final plat to show compliance with these
                   provisions shall be grounds for disapproval of the final plat.

SECTION 8. That Section 153.132 of the Code of Ordinances, Town of Fairview,
Texas, is hereby amended to read as follows:

Section 153.132. DEDICATION REQUIRED.

(A)    As a condition for the approval of all future subdivision plats submitted to
the town for approval, the owners of the property to be developed shall dedicate
to the public, if required by the plan, or by ordinance, sufficient property to
provide the minimum width of the thoroughfare established by the thoroughfare
plan.




W:\Fairview\Ordinances\CPDD.doc                                            Page 38
(B)    A person who develops property within the Commercial Planned
Development District shall construct sidewalks in accordance with the provisions
of Ordinance No. ______.

SECTION 9. That Section 155.004 of the Code of Ordinances, Town of Fairview,
is hereby amended to read as follows:

155.004. APPLICABILITY.

(A)   These regulations govern all nonresidential development in the GB
(General Business) zone and PC (Planned Center) zone. Permitted uses in the
GB and PC zones are listed in Chapter 154, Zoning Regulations, and
development in these zones shall comply with the provisions of this Chapter.

(B)    Approval of site plans and the Design and Construction requirements for
developments within the Commercial Planned Development District shall be
governed by the provisions of Chapter 155, and not this Chapter, provided
however, that the provisions of Section 155.076 through Section 155.096 shall
not be applicable to such developments.

SECTION 10. That Subsections (B) and (C) of Section 154.170 of the Code of
Ordinances, Town of Fairview, Texas, are hereby deleted from the Code.

SECTION 11. The Town Council shall adopt and maintain a Public Improvement
Plan. The Public Improvement Plan shall identify those capital projects within the
Commercial Planned Development District, in which the Town intends to
financially participate. The prioritization of projects, the level of participation and
the means of financing that participation shall be specified in the Public
Improvement Plan.

 SECTION 12. The Building Official shall not issue a building permit or certificate
of occupancy for a building within the Commercial Planned Development District
until there has been compliance with the provisions of this Ordinance, all
applicable ordinances, and there is a Final Site Plan approved by the Town
Council.

SECTION 13. For those tracts of land where part of the land lies within the
District and part of the land lies outside the District, an applicant seeking
approval of a plat, concept plan, final site plan, and/or rezoning may submit the
application for development of the entire tract in accordance with the
requirements of this Ordinance.

SECTION 14. The Town Administrator is hereby directed to amend the official
zoning map in the office of the Town Administrator to reflect changes in the
zoning made by this Ordinance and any approvals rendered pursuant to its
provisions.



W:\Fairview\Ordinances\CPDD.doc                                                Page 39
SECTION 15. A person who violates a provision of this Ordinance, upon
conviction, is punishable by a fine not to exceed:

       (a)    $2,000.00 for each offense relating to zoning; and

       (b)    $500 for each violation of the other provisions of this Ordinance.

SECTION 16. It is hereby declared to be the intention of the Town Council that
the phrases, clauses, sentences, paragraphs, and sections 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 Council
without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph, or section.

SECTION 17. This ordinance shall be cumulative of all provisions of ordinances
of the Town of Fairview, Texas, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances, in which event the
conflicting provisions of such ordinances are hereby repealed.

SECTION 18. All rights and remedies of the Town of Fairview are expressly
saved as to any and all violations that have accrued at the time of the effective
date of this ordinance of the provisions of the Code of Ordinances of the Town of
Fairview, as amended, or any other ordinances affecting zoning and, as to such
accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.

SECTION 19. This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.

Passed and Adopted on the             day of                       , 2002, by a vote
of      to      _______.


                                          TOWN OF FAIRVIEW


                                   By:
                                          Don Phillips, Mayor




W:\Fairview\Ordinances\CPDD.doc                                              Page 40
ATTEST:


__________________________
Carolyn Jones, Town Secretary


Approved as to form:


__________________________
George A. Staples, Attorney




W:\Fairview\Ordinances\CPDD.doc   Page 41

				
DOCUMENT INFO