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O-2020-0158 - 6/11/2020 I ORDINANCE NO. 0-2020-0158 2 3 4 AN ORDINANCE AMENDING ZONING AND DEVELOPMENT CODE, 5 CHAPTER 1, ARTICLE III, SECTION 1-50, CHAPTER 2, ARTICLE II, 6 SECTIONS 2-20, 2-229 AND 2-23 AND ARTICLE VI, SECTIONS 2-71, 2- 7 725 2-73, 2-74, AND 2-75, CHAPTER 8, ARTICLE IV, SECTION 8-35 s AND ARTICLE VIII, SECTION 8-65, REGARDING VIEW FENCING; 9 CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK, 10 TEXAS; AND PROVIDING FOR A SAVINGS CLAUSE AND 11 REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 14 TEXAS: 15 I. 16 That Zoning and Development Code, Chapter 1, Article III, Section 1-50, Code of 17 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended by adding 18 the following definition: 19 CHAPTER 1. INTRODUCTORY PROVISIONS 20 Sec. 1-50. - Definitions. 21 The purpose of this section is to define words, terms and phrases contained within this code, unless 22 otherwise specifically defined elsewhere herein. Definitions for words not defined below may be defined 23 elsewhere in the City of Round Rock Code of Ordinances or found in Webster's Dictionary of the English 24 language, unabridged, subject to interpretation by the PDS director. 25 Fence A construction, not considered a structure, which is designed for screening or enclosing. j !Fence, lot A construction, not considered a structure,which is designed for enclosing a lot. Any fence that is made of, or imitates, a cast iron or wrought iron fence, including decorative IFence, metal, constructed in such a way that the surface area of the fence does not obstruct a view view through the fence from a position perpendicular to the fence. 261 27 00446772/ss2 1 II. 2 That Zoning and Development Code, Chapter 2, Article II, Section 2-20(d)(2), 3 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 4 follows: 5 CHAPTER 2.ZONING DISTRICTS AND USE REGULATIONS 6 7 Sec. 2-20. -TH (Townhouse) district. 8 9 (d) Supplementary development standards. In addition to the standards found in chapter 8 of this Code, 10 the following regulations apply to the TH district: 11 (2) Fences. Lot fences shall be constructed of the following materials: brick, natural stone, 12 simulated stone, architectural CMU, or wrought iron. A brick, natural stone, simulated stone, or 13 architectural CMU fence shall be installed abutting single-family or two-family uses. View 14 fencing shall be installed where abutting a park, trail, or open space, in accordance with Section 15 8-35. 16 17 III. 18 That Zoning and Development Code, Chapter 2, Article II, Section 2-22(d)(7), 19 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 20 follows: 21 CHAPTER 2. ZONING DISTRICTS AND USE REGULATIONS 22 23 Sec. 2-22. - MF-1 (Multifamily - Low Density) district. 24 25 (d) Supplementary development standards. In addition to the standards found in chapter 8 of this Code, 26 the following regulations apply to the MF-1 district: 27 (7) Lot fencing. A view fence in the front street yard shall be permitted to reach a height of six (6) 28 feet. 29 30 IV. 31 That Zoning and Development Code, Chapter 2, Article II, Section 2-23(d)(6), 32 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 33 fOIIOWS: 34 CHAPTER 2.ZONING DISTRICTS AND USE REGULATIONS 35 36 Sec. 2-23. - MF-2 (Multifamily - Medium Density) district. 2 1 2 (d) Supplementary development standards. In addition to the standards found in chapter 8 of this Code, 3 the following regulations apply to the MF-2 district: 4 (6) Lot fencing. A view fence in the front street yard shall be permitted to reach a height of six (6) 5 feet. 6 V. 7 That Zoning and Development Code, Chapter 2, Article VI, Section 2-71(d)(4)(a) 8 and (b), Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby 9 amended as follows: 10 CHAPTER 2.ZONING DISTRICTS AND USE REGULATIONS 11 12 Sec. 2-71. - MU-1 (Mixed-Use Historic Commercial Core) district. 13 (d) Supplementary development standards. In addition to the applicable standards found in Chapter 8 14 of this code, the following regulations apply to the MU-1 district: 15 (4) Fencing design standards. The following standards apply to fencing in the MU-1 district, in 16 addition to the applicable portions of Sec. 8-35: 17 a. Lot fences shall be constructed of the following materials: brick, natural stone, simulated 18 stone, or shall be view fencing. Other decorative masonry materials or view fencing 19 equivalents may be approved by the zoning administrator. Single-family uses may install 20 new wood fencing or replace existing wood fencing with the same or similar material in 21 accordance with subsection (d)(4)e, below. 22 b. A view fence in the street yard shall be permitted to reach a height of six (6) feet. 23 c. Opaque fencing shall be permitted in the street yard for the purpose of screening service 24 areas containing supplies, equipment and restrooms, subject to the approval of the zoning 25 administrator. 26 d. Fences in all other yards shall not exceed six (6) feet. 27 e. All fences shall provide a finished face to the exterior of the property. 28 f. Decorative fencing around patios and decks may be of a material other than one specified 29 above, but shall be approved by the zoning administrator. Galvanized steel or similar 30 welded wire materials shall be no smaller than 14-gauge, and shall be framed on all sides 31 with wood or metal rails and posts. 32 33 VI. 34 That Zoning and Development Code, Chapter 2, Article VI, Section 2-72(d)(4)(a) 35 and (d), Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby 36 amended as follows: 3 I CHAPTER 2. ZONING DISTRICTS AND USE REGULATIONS 2 3 Sec. 2-72. - MU-2 (Mixed-Use Downtown Medium Density) district. 4 5 (d) Supplementary development standards. In addition to the applicable standards found in Chapter 8 6 of this code, the following regulations apply to the MU-2 district: 7 (4) Lot fencing design standards. The following standards apply to fencing in the MU-2 district, in 8 addition to the applicable standards of Sec. 8-35: 9 a. Fences shall be constructed of the following materials: brick, natural stone, simulated 10 stone, or shall be view fencing. Other decorative masonry materials, reinforced concrete, 11 or view fencing equivalents may be approved by the zoning administrator. Wood fending 12 may be permitted if deemed appropriate by the zoning administrator based on the 13 architecture and exterior materials of the principal building. Single-family uses may install 14 new wood fencing or replace existing wood fencing with the same or a similar material and 15 in accordance with subsection (d)(4)b, below. 16 b. All fences shall provide a finished face to abutting single-family or townhouse uses. 17 C. Fences outside the street yard may be eight (8) feet in height to accommodate 18 topographical changes, as approved by the zoning administrator. 19 d. View fencing in the street yard shall be permitted to reach a height of six (6) feet. 20 e. Fences shall be eight (8) feet in height where outdoor rear or side dining or patio areas 21 associated with eating establishments and indoor entertainment uses share a common lot 22 line with a residential use, except for multi-story apartments and upper story residential. 23 f. Decorative street yard fencing of a material other than one specified above may be 24 approved by the zoning administrator, except that chain link fencing is prohibited. 25 g. Opaque fencing of a maximum of six (6) feet in height shall be permitted in the street yard 26 for the purpose of screening service areas containing supplies, equipment and restrooms, 27 subject to the approval of the zoning administrator. 28 29 VII. 30 That Zoning and Development Code, Chapter 2, Article VI, Section 2-73(d)(3), 31 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 32 follows: 33 CHAPTER 2.ZONING DISTRICTS AND USE REGULATIONS 34 35 Sec. 2-73. - MU-L (Mixed-Use Limited) district. 36 37 (d) Supplementary development standards. In addition to the applicable standards found in Chapter 8 38 of this code, the following regulations apply to the MU-L district: 39 (3) Lot fencing standards. 40 a. The following design standards apply to fencing in the MU-L district, in addition to the 41 applicable portions of Sec. 8-35: 4 1 1. Fences shall be constructed of the following materials: brick, natural stone, simulated 2 stone, wood, or shall be view fencing. Other decorative masonry materials, reinforced 3 concrete, or view fencing equivalents may be approved by the zoning administrator. 4 2. View fencing in the street yard shall be permitted to reach a height of six (6) feet. 5 3. Fences in all other yards shall not exceed six (6) feet, except that fences may be eight 6 (8) feet in height to accommodate topographical changes, as approved by the zoning 7 administrator. 8 b. All nonresidential uses shall be required to install and maintain a fence constructed of 9 masonry materials such as brick, natural stone, simulated stone, decorative reinforced 10 concrete, or other equivalent material approved by the zoning administrator, a minimum of 11 six feet in height, along every property line which is adjacent to a residential use, except 12 when a view fence is required in accordance with Section 8-35. The zoning administrator 13 may waive the requirement based upon a finding of any of the following: 14 1. The zoning administrator determines that due to the site plan layout and/or existing 15 conditions, potential impacts will be negligible; 16 2. The zoning administrator receives a letter from the adjacent residential property 17 owner(s) requesting that the fence not be installed; or 18 3. The zoning administrator determines that existing and/or proposed vegetation will 19 serve as an adequate screen. 20 21 VIII. 22 That Zoning and Development Code, Chapter 2, Article VI, Section 2-74(d)(4), 23 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 24 follows: 25 CHAPTER 2.ZONING DISTRICTS AND USE REGULATIONS 26 27 Sec. 2-74. - MU-R (Mixed-Use Redevelopment and Small Lot) district. 28 29 (d) Supplementary development standards. In addition to the applicable standards found in Chapter 8 30 of this Code, the following regulations apply to the MU-R district: 31 (4) Lot fencing design standards. 32 a. The following standards apply to all lot fencing in the MU-R district, in addition to the 33 applicable standards found in Sec. 8-35: 34 1. Fences shall be constructed of brick, natural stone, simulated stone, or shall be view 35 fencing. Other decorative masonry materials, reinforced concrete, or view fencing 36 equivalents may be approved by the Zoning Administrator. 37 2. Fence posts shall be constructed of rust-resistant metal parts, concrete-based 38 masonry or concrete pillars of sound structural integrity. 39 3. Fence posts and fence panels shall be capped. 40 4. All fences shall provide a finished face to abutting single-family or townhouse uses. 41 5. All fences shall provide a finished face to abutting streets. 5 I b. Except when view fencing is required by Section 8-65, all nonresidential uses shall be 2 required to install and maintain a fence constructed of masonry materials such as brick, 3 natural stone, simulated stone, decorative reinforced concrete, or other equivalent material 4 approved by the zoning administrator, a minimum of six feet in height, along every property 5 line which is shared with a SF or TF use and is not in the street yard. The zoning 6 administrator may waive the requirement based upon a finding of any of the following: 7 1. The zoning administrator determines that due to the site plan layout and/or existing 8 site conditions, potential impacts will be negligible; 9 2. The zoning administrator receives a letter from the adjacent residential property 10 owner(s) requesting that the fence not be installed; or 11 3. The zoning administrator determines that existing and/or proposed vegetation will 12 serve as an adequate screen. 13 14 IX. 15 That Zoning and Development Code, Chapter 2, Article VI, Section 2-75(f)(4), 16 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 17 follows: 18 CHAPTER 2.ZONING DISTRICTS AND USE REGULATIONS 19 20 Sec. 2-75. - MU-G (Mixed-Use Greenfield and Large Lot) district. 21 22 (f) Baseline supplementary development standards. In addition to the applicable standards found in 23 Chapter 8 of this Code, the following regulations shall provide the baseline for PUD negotiations 24 for the MU-G district: 25 (4) Lot fencing design standards. The following standards apply to fencing in the MU-G district, in 26 addition to the applicable standards found in Sec. 8-35. 27 a. Fences shall be constructed of brick, natural stone, simulated stone, or shall be view 28 fencing. Other decorative masonry materials, reinforced concrete, or view fencing 29 equivalents may be approved by the Zoning Administrator. 30 31 X. 32 That Zoning and Development Code, Chapter 8, Article IV, Section 8-35(a)(2) 33 and (3), Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby 34 amended as follows: 35 CHAPTER 8.ZONING AND DEVELOPMENT STANDARDS 36 37 Sec. 8-35. - Lot fences. 38 39 (a) Standards. All lot fencing shall comply with the following standards unless otherwise stated within a 40 specific zoning district, in which case the standard within the zoning district shall apply: 6 1 (1) General standards. 2 a. All fences shall provide a finished face to abutting public rights-of-way. 3 b. Fences for nonresidential uses shall provide a finished face to abutting single-family, two- 4 family or townhouse uses. 5 c. Fences shall not conflict with sight visibility triangles at street intersections or obstruct 6 views from adjacent driveways. 7 d. Fence posts for all new fences shall be constructed of rust-resistant metal parts, concrete 8 based masonry, or concrete pillars of sound structural integrity. 9 e. Fence posts and fence panels for non-wood fences shall be capped. 10 (2) Maximum height. 11 a. Front street yard, non-view fence (residential uses): three (3) feet. 12 b. Front street yard, view fence (residential uses): six(6) feet. 13 c. All street yards, non-view fence (nonresidential uses): three (3) feet. 14 d. All street yards, view fence (nonresidential uses): six (6) feet. 15 e. All other yards (all non-industrial uses): eight(8) feet. 16 f. All other yards (light industrial and industrial uses): 10 feet. 17 (3) View fencing shall be required for SF-3, TH, MF-1, MF-2, MF-3, MU-R and MU-G districts when 18 the property abuts a: 19 a. Hike and bike trail corridor from the City of Round Rock Trail Master Plan; or a 20 b. Public park. 21 22 XI. 23 That Zoning and Development Code, Chapter 8, Article VIII, Section 8-65(c)(1), 24 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as 25 follows: 26 CHAPTER 8.ZONING AND DEVELOPMENT STANDARDS 27 28 Sec. 8-65. -Outdoor storage and display. 29 30 (c) Categories of outdoor storage and display. 31 (1) Outdoor display. 32 a. Outdoor display is display of items actively for sale. 33 b. Outdoor display shall be allowed adjacent to a principal building wall and, except as 34 provided in this subsection, extend to a distance no greater than 10 feet from the wall. 35 Such display is prohibited to block windows, entrances or exits, and shall not impair the 36 ability of pedestrians to use the sidewalks. 37 c. Outdoor display located more than 10 feet from the wall of a principal building shall be 38 fenced in by a masonry, view fencing or similar material fence/wall. The location and 39 fencing of such a display shall be approved by the PDS director. 7 I d. Outdoor display in the OS district shall only be permitted in metropolitan and regional 2 parks. 3 e. Outdoor display in the downtown development area and in the MU-1 and MU-2 districts 4 may be permitted in limited quantities provided it does not impede pedestrian traffic. 5 f. Outdoor display in the LI district shall be limited to plants and landscape materials for sale 6 at nurseries and similar landscaping supply establishments. 7 8 XII. 9 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are to expressly repealed. II B. The invalidity of any section or provision of this ordinance shall not 12 invalidate other sections or provisions thereof. 13 C. The City Council hereby finds and declares that written notice of the date, 14 hour, place and subject of the meeting at which this Ordinance was adopted was posted 15 and that such meeting was open to the public as required by law at all times during 16 which this Ordinance and the subject matter hereof were discussed, considered and 17 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas 18 Government Code, as amended. Ig Alternative 1. 20 By motion duly made, seconded and passed with an affirmative vote of all the 21 Council members present, the requirement for reading this ordinance on two separate 22 days was dispensed with. 23 READ, PASSED, and ADOPTED on first reading this day of 24PJM�� , 2020. 8 1 Alternative 2. 2 READ and APPROVED on first reading this the day of 3 , 2020. 4 READ, APPROVED and ADOPTED on second reading this the day of 5 , 2020. 6 7 8 9 10 CRAIG M RGAN, Mayor 11 City of Round Ro , Texas 12 13 14 ATTEST: 15 16 17 SARA L. WHITE, City Clerk 9