"R-15,000", Single-Family Residential Detached District, is established to provide for areas requiring minimum lot sizes of fifteen-thousand (15,000) square feet in order to promote low population densities and establish or maintain a low-density residential character within the subdivision.

In "R-15,000", no building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses listed in Section 3.1, Schedule of Permitted Uses as follows:

Accessory Uses, including parking areas, are customarily incident to the Uses in Section 3.1, Schedule of Permitted Uses and located on the same lot therewith, not involving the conduct of a business or industry.

(1)

Accessory buildings and structures may not be located in the required front or side yard or in front of or beside any principle structure so that it may appear to be in the front or side yard.

(2)

The term Accessory Use shall include customary home occupations such as the office of dressmaker, musician, or artist, (but not including barbers or beauticians) under the following restrictions:

a.

That such Uses are located in the dwelling used by a person as his or her private residence.

b.

That no assistant other than a member of the family household is employed.

c.

That no power other than electric and of not more than one-fourth horse power is used in any one machine and not more than one horse power total is used in such activities.

(3)

A billboard, signboard, or advertising sign shall not be permitted as an Accessory Use unless in conformance with City law.

(4)

Permanent and temporary accessory buildings or structures, including one private garage shall be permitted as an Accessory Use when located as follows:

a.

Setbacks from lot lines shall be as follows:

i.

All accessory buildings shall be not less than sixty (60) feet back from the front lot line.

ii.

Accessory buildings one-hundred and fifty square feet (150 sq. ft.) or more, or twelve feet (12 ft.) or more in height shall be setback from the side lot line not less than five feet (5 ft.) and shall be setback from the rear lot line not less than five feet (5 ft.).

iii.

Accessory buildings under one-hundred and fifty square feet (150 sq. ft.), and under twelve feet (12 ft.) in height shall be setback from the side lot line not less than three feet (3 ft.) and shall be setback from the rear lot line not less than three feet (3 ft.).

b.

In addition, a detached garage shall have:

i.

Each entrance to the detached garage not less than twenty-five (25) feet back from the lot line it faces.

ii.

Adequate vehicular access provided to the private detached garage. The driveway servicing the detached garage shall be a minimum of eight (8) feet in width.

c.

Accessory buildings or structures that are permanently affixed in place shall not be located in any side or rear yard easement.

d.

All permanent or temporary accessory buildings or structures require an approved building permit prior to construction or placement on the property.

(5)

Servants' quarters or other accessory buildings, when located on the ground or erected over a private garage, shall not have a total height of more than twenty-five (25) feet including such quarters. The total enclosed area of such quarters shall not exceed 500 square feet in the aggregate.

a.

The occupancy or use of an accessory building as a place of abode or dwelling by anyone other than a family member or a bona-fide servant actually and regularly employed by the occupant of the main structure on such lot, estate, or land shall be prohibited.

b.

Utility services to servants' quarters shall be metered by the same meter as those serving the main building on the premises. The accessory building may be constructed as a part of the main building in which case the regulations controlling the main building shall apply.

(6)

Temporary real estate sales office located on property being sold shall be permitted for a period of time limited to period of sale, but not exceeding two years without special permit from the City Council.

(7)

Model and/or sample homes for the purposes of promoting sales shall be permitted, providing these structures are located on the same tract or subdivision of land being developed for sale.

(8)

A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement, or recreation, provided the articles produced or constructed are not sold, either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, or fumes.

(9)

No mobile homes, recreational trailers, or other wheeled vehicles construed to be living units shall be permitted in this district. However, this ordinance shall not exclude the storage of these vehicles on the property when they are so used for the pleasure of the owner and when not inhabited.

Every use not hereby specifically authorized and permitted as listed in the Section 3.1, Schedule of Permitted Principal Uses or these accessory uses is expressly prohibited in Section 4.1, R-15,000 Single-Family Residential Detached District.

(See Section 5.1, Height and Area Regulations) In all Single-Family Residential, "MD 1-4," and "MF" Districts no side yard shall be less than five (5) feet. Combined side yard requirements for any lot in the above zoning districts shall not be less than a total of ten (10) feet. Minimum distance between buildings in the above zoning districts shall not be less than ten (10) feet.

The total lot coverage of all buildings and/or structures, not including driveways and sidewalks, shall be a maximum of forty (40) percent of the lot.

Three (3) parking spaces per unit. See Section 5.2, Parking and Loading Regulations.

After public notice and hearing and appropriate conditions and safeguards, the Zoning Board of Adjustment may permit, as special exceptions in accordance with Section 6.5.B:

The "R-9,000", Single-Family Residential Detached District, is established to provide for areas requiring minimum lot sizes of nine thousand (9,000) square feet in order to promote low population densities and establish or maintain a low-density residential character within the subdivision.

In "R-9,000", no building, structure, land, or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Principal Uses as follows:

(1)

Any accessory use permitted in Section 4.1, "R-15,000" Single-Family Residential Detached District.

(2)

Every use not hereby specifically authorized and permitted is expressly prohibited in the "R-9,000" Single-family Residential Detached District.

(See Section 5.1, Height and Area Regulations) In all Single-Family Residential, "MD 1-4", and "MF" Districts no side yard shall be less than five (5) feet. Combined side yard requirements for any lot in the above zoning districts shall not be less than a total of ten (10) feet. Minimum distance between buildings in the above zoning districts shall not be less than ten (10) feet.

(1)

Total Lot Coverage- The total lot coverage of all buildings and/or structures, not including driveways and sidewalks, shall be a maximum of forty (40) percent of the lot.

(2)

A private garage shall not occupy more than six (6) percent of the lot area, nor have a ground floor area of more than five hundred (500) square feet.

The total lot coverage of all accessory buildings and/or structures, not including driveways and sidewalks, shall be a maximum of forty (40) percent of the lot.

Three (3) parking spaces per unit. See Section 5.2, Parking and Loading Regulations

After public notice and hearing and appropriate conditions and safeguards, the Zoning Board of Adjustment may permit as special exceptions in accordance with Section 6.5.B Special Exceptions

The "R-7,500", Single-Family Residential Detached District, is established to provide for areas requiring minimum lot sizes of seven thousand, five hundred (7,500) square feet in order to promote low population densities and establish or maintain a low-density residential character within the subdivision.

In "R-7,500", no building, structure, land or premises will be used and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Uses as follows:

(1)

Any Accessory Use permitted in Section 4.2, "R-9,000", Single-Family Residential Detached District.

(2)

Every use not hereby specifically authorized and permitted is expressly prohibited in the "R-7,500" Single-family Residential Detached District.

(See Section 5.1, Height and Area Regulations) In all Single-Family Residential, "MD 1-4" and "MF" Districts no side yard shall be less than five (5) feet. Combined side yard requirements for any lot in the above zoning districts shall not be less than a total of ten (10) feet. Minimum distance between buildings in the above zoning districts shall not be less than ten (10) feet.

The total lot coverage of all buildings and/or structures, not including driveways and sidewalks, shall be a maximum of forty (40) percent of the lot.

Three (3) parking spaces per unit. See Section 5.2, Parking and Loading Regulations.

After public notice and hearing and appropriate conditions and safeguards, the Zoning Board of Adjustment may permit as special exceptions in accordance with Section 6.5.B Special Exceptions.

The "R-6,500", Single-Family Residential Detached District, is established to provide for areas requiring minimum lot sizes of six- thousand, five hundred (6,500) square feet in order to promote low population densities and establish or maintain a low-density residential character within the subdivision.

In "R-6,500", no building, structure, land or premises will be used and no building or structure shall be hereafter erected, constructed, reconstructed, or altered, except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Uses as follows:

(1)

Any accessory use permitted in Section 4.1, "R-7,500" Single-Family Residential Detached District.

(2)

Every use not hereby specifically authorized and permitted is expressly prohibited in the "R-6,500", Single-family Residential Detached District.

(See Section 5.1, Height and Area Regulations) In all Single-Family Residential, "MD 1-4", and "MF" Districts no side yard shall be less than five (5) feet. Combined side yard requirements for any lot in the above zoning districts shall not be less than a total of ten (10) feet. Minimum distance between buildings in the above zoning districts shall not be less than ten (10) feet.

The total lot coverage of all buildings and/or structures, not including driveways and sidewalks, shall be a maximum of forty (40) percent of the lot.

Three (3) parking spaces per unit. See Section 5.2, Parking and Loading Regulations.

After public notice and hearing and appropriate conditions and safeguards, the Zoning Board of Adjustment may permit, as special exceptions in accordance with Section 6.5.B Special Exceptions.

The "MD-1", Medium-Density Residential - Duplex District, is established to provide adequate space for medium-density, duplex -type residential development, promoting a population density of almost twice that of a typical single-family development.

In "MD-1", no buildings or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Uses as follows:

(1)

Accessory building and use same as Section 4.1, "R-15,000", Single-Family Residential District.

(2)

Accessory buildings and structures may not be located in the required front or side yard or in front of or beside any principle structure so that it may appear to be in the front or side yard (see Location of Accessory Structures illustration on p. 4-2).

(3)

In "MD-1" Districts, a two-car, completely enclosed garage shall be constructed and attached to each dwelling unit. This two-car garage shall be considered as providing two off-street parking spaces per unit.

(4)

A two-car garage is defined as being area equal to 400 square feet.

Every use not hereby specifically authorized and permitted is expressly prohibited in the "MD-1" Medium-Density Residential-Duplex District.

(See Section 5.1, Height and Area Regulations) In all Single-Family Residential, "MD 1-4" and "MF" Districts no side yard shall be less than five (5) feet. Combined side yard requirements for any lot in the above zoning districts shall not be less than a total of ten (10) feet. Minimum distance between buildings in the above zoning districts shall not be less than ten (10) feet.

The total lot coverage of all buildings and/or structures, not including driveways and sidewalks, shall be a maximum of forty (40) percent of the lot.

Three (3) parking spaces per unit. See Section 5.2, Parking and Loading Regulations

After public notice and hearing and appropriate conditions and safeguards, the Zoning Board of Adjustment may permit as special exception in said "MD-1", Medium- Density Residential Duplex, the following:

(1)

Height: Dwellings in "MD-1" may be increased in height not exceeding ten (10) feet in accordance with Subsection 5.1 B, "Additional Height and Area Requirements" and Subsection 5.1.C Heights Exceeding thirty-five (35) feet.

The "MD-2", Medium-Density Residential - Triplex/Quadruplex District, is established to provide adequate space for medium density, triplex and quadruplex -type of residential development, promoting a population density generally higher than duplex development but less than the typical apartment complex development density.

In "MD-2", no building or land shall be used, and no building shall hereafter be erected, constructed, reconstructed or altered except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Uses.

Every use not hereby specifically authorized and permitted is expressly prohibited in the "MD-2" Medium-Density Residential Triplex/Quadruplex District.

(1)

Accessory buildings and structures 120 square feet or less shall be permitted.

(2)

Accessory buildings and structures greater than 120 square feet shall be required to receive a special exception from the zoning board of adjustment, in accordance with Section 6.5.B - Special Exceptions.

(3)

In addition, accessory buildings and structures may not be located in the required front yard or in front of any principle structure so that it may appear to be in the front yard (see Location of Accessory Structures illustration on p. 4-2).

(4)

A special exception granted from the Zoning Board of Adjustment shall be required where an accessory building or structure is proposed to be located closer than sixty (60) feet to the front property line.

All property zoned "MD-2" must have a City Council approved site plan before a building permit will be issued. Such site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance.

(See Section 5.1, Height and Area Regulations) In all Single-Family Residential, "MD 1-4" and "MF" Districts, no side yard shall be less than five (5) feet. Combined side yard requirements for any lot in the above zoning districts shall not be less than a total of ten (10) feet. Minimum distance between buildings in the above zoning districts shall not be less than ten (10) feet.

(See Section 5.2, Parking and Loading Regulations) In "MD-2" Districts, a two-car completely enclosed garage shall be constructed and attached to each dwelling unit. This two-car garage shall be considered as providing two off-street parking spaces per unit. A two-car garage is defined as being equal to four hundred (400) square feet.

The "MD-3", Medium-Density Residential - Single-Family Detached District, is established to provide adequate space for innovative medium-density single-family developments such as Cluster Home, Zero Lot Line, and Courtyard or Patio Home development approaches which are designed to encourage individual home ownership.

In "MD-3", no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed, or altered except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Uses. (One-Family Dwellings and all uses unconditionally permitted in the "R-l5,000" Single-Family Zoning District.)

The total lot coverage of all buildings and/or structures, not including driveways and sidewalks, shall be a maximum of fifty (50) percent of the lot.

Except as provided in this section, the following development standards shall be adhered to in all "MD-3" Districts.

(1)

The ratio of the floor area to the land area shall not be more than twenty-six (26) percent computed by dividing the total floor area by the total land area within the outside property lines of the development and multiplying by one hundred (100) to read a percentage.

(2)

Accessory buildings and structures may not be located in the required front or side yard or in front of or beside any principle structure such that it may appear to be in the front or side yard (see Location of Accessory Structures illustration on p. 4-2).

(3)

Lot width shall not be less than forty-five (45) feet at the building line.

(4)

Lot area shall not be less than four thousand (4,000) square feet.

(5)

Lot coverage shall not exceed seventy (70) percent of the individual lot and the average lot coverage in the development shall not exceed fifty (50) percent.

(6)

Maximum height shall not exceed two and one half (2-1/2) stories or thirty-five (35) feet.

(7)

Required Yards:

a.

Front Yard: Fifteen (15) feet except garages opening onto street shall be set back twenty (20) feet.

b.

Side Yard: Five (5) feet except a side yard may be reduced to zero provided no openings for doors, windows, etc., are present on the wall of the reduced yard and a ten (l0) foot maintenance easement is provided on the adjacent property. A minimum distance of ten (l0) feet shall be provided between buildings in all cases.

i.

Side yards on corner lots shall be ten (l0) feet except garages opening onto the side street shall be set back twenty (20) feet.

c.

Rear Yards: Ten (l0) feet except a rear yard may be reduced to zero provided no openings for doors, windows, etc., are present on the wall of the reduced rear yard and a ten (l0) foot maintenance easement is provided on the adjacent property. On lots backing up to (and not separated by a public street) any other Single-Family Residential District, a thirty (30) foot setback for two (2) story or higher structures and a fifteen (l5) foot setback for one- story structures must be provided. On lots backing up to (and not separated by a public street) any other district, a fifteen (l5) foot setback is required. A minimum distance of ten (l0) feet shall be provided between buildings in all cases.

(8)

Maintenance Easement:

a.

For the purpose of this district, the maintenance easement, which is required in conjunction with a reduced side or rear yard, is to ensure satisfactory clearance between structures on adjacent property and to provide an area in which to repair and maintain the side of the structure with no (or reduced) yard space. The maintenance easement shall be maintained as an open space with no storage, construction, shrubbery or other obstructions, which would prevent the intended use of the easement.

b.

A swimming pool constructed within a maintenance easement may be no closer than five (5) feet from the adjacent dwelling to the edge of the water. There is no minimum setback from the principle dwelling other than those required for structural reasons. The pool may not encroach more than fifty percent (50 %) the length of said maintenance easement. Pool equipment may be installed within a maintenance easement but no closer than five (5) feet from any adjacent dwelling.

(9)

Minimum floor area shall be one thousand, one hundred (1,100) square feet; the average floor area per dwelling unit in the development shall not be less than 1,250 square feet. All lots to be developed with a structure with less than one thousand, two hundred and fifty (1,250) square feet must be designated on the preliminary and final plats.

(10)

Parking: Two off-street parking spaces must be provided for each dwelling unit.

(11)

Screening: In the event that a Medium-Density ("MD-3") development backs up or sides upon an "R-l5,000", "R-9,000", "R-7,500", or "R-6,500" Zoning District, a solid fence (a visual barrier) or wall, at least six (6) feet in height, shall be erected along the property line separating the two districts.

The City Council, upon recommendation by the Planning and Zoning Commission, may alter one or more of the above listed "MD-3" Development Standards for a particular development application under the following conditions:

(1)

A written and/or graphic justification and explanation be presented attesting to the compensating benefits provided in lieu of strict adherence to each specific Development Standard altered.

(2)

Any altered standard, along with its compensating benefit, shall be treated as a new development standard applicable to the particular tract of land and shall be specified in the ordinance establishing the district.

(3)

An appropriate graphic pattern shall be applied to the Official Zoning Map to indicate that a particular "MD-3" District carries with it standards, which have been altered from those established herein.

(4)

Any proposed alteration to the above listed "MD-3" Development Standards shall be subject to a public hearing according to the procedure stated in Section 6.3.C.

(1)

An application for a zoning change to create an "MD-3" District shall include and be accompanied by a conceptual plan which shall become part of the amending ordinance. The conceptual plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the conceptual plan to the City Council for approval. Changes in the conceptual plan shall be considered the same as changes in the Zoning District Map, except that changes of detail, which do not alter the basic concept, may be authorized by the City Manager. Any applicant may appeal the decision of the City Manager to the Board of Zoning Adjustment in accordance with the provisions of this Ordinance.

(2)

Owners of record of property within two hundred (200) feet will be notified of conceptual plan consideration by the Planning and Zoning Commission.

(3)

Council approval of a conceptual plan that accompanies a zoning change request shall become part of the amending ordinance and shall be referenced on the Zoning District Map. Hearings held by the Council for consideration of approval of such zoning changes and accompanying conceptual plans shall be conducted in accordance with the provisions of Section 6.3 Procedure for Changes and Amendments, Subsection 6.5.C Procedure (2) of this Ordinance and state law.

(4)

The Conceptual Plan shall include a scale drawing on an accurate survey of the boundary of the tract which will illustrate the following items:

a.

General configuration of proposed public and private streets and primary means of ingress and egress.

b.

Topography with a contour interval of not less than five (5) feet, or spot grades where relief is limited and indications of other significant topographic features such as drainage ways, steep slopes, tree cover, etc.

c.

Any areas proposed to be dedicated to the City of Bedford other than streets or utility easements.

d.

Indication of each phase of development if separate phases are proposed.

e.

Off-street parking and loading areas as required for the particular development.

f.

Clearly documented data sufficient to illustrate that the project conforms to all requirements of the Development Standards of this district including floor area ratios, minimum and average size units, amount of recreational area, building coverage, open space, height of buildings, building setbacks, etc.

g.

A drawing showing a typical lot, or series of lots, which will depict arrangements of buildings, parking, fences, patios, yards, maintenance easements, etc. This drawing shall also include typical building elevations.

h.

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, location and size of existing and proposed easements on property and on adjacent property, emergency access easements, and if applicable, sidewalks, etc.

Prior to the issuance of building permits in any "MD-3" District, the land must be final platted into individual lots and shall show all front, side, and rear yard setback lines and maintenance easements in addition to other requirements of the City of Bedford Subdivision Regulations.

The "MD-4", Medium-Density Single-Family Attached District, is established to provide adequate space to accommodate innovative medium-density single-family developments such as townhome development approaches, which are designed to encourage individual home ownership.

In "MD-4", no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered except for one or more of the uses listed in the Section 3.1, Schedule of Permitted Principal Uses.

Every use not hereby specifically authorized and permitted is expressly prohibited in the "MD-4" Medium-Density Single-Family Attached District.

(1)

Accessory buildings and structures one hundred twenty (120) square feet or less shall be permitted.

(2)

Accessory buildings and structures greater than one hundred twenty (120) square feet shall be required to receive a special exception from the zoning board of adjustment, in accordance with Section 6.5 B - Special Exceptions.

(3)

In addition, accessory buildings and structures may not be located in the required front yard or in front of any principle structure such that it may appear to be in the front yard (see Location of Accessory Structures illustration on p. 4-2).

(4)

A special exception granted from the zoning board of adjustment shall be required where an accessory building or structure is proposed to be located closer than 60 feet to the front property line.

Except as provided in this section, the following Development Standards shall be adhered to in all "MD-4" Districts.

(1)

The ratio of the floor area to the land area shall be not more than thirty-five (35) percent computed by dividing the total floor area by the total land area within the outside perimeter property lines of the development and multiplying by one hundred (100) to read a percentage.

(2)

The ratio of recreation space to the floor area on each site shall not be less than thirteen (13) percent; computed by dividing the total area allocated, developed and maintained for active and passive recreation use, inclusive of balconies, patios, pools, decks, court and fields, but exclusive of all other open space uses and recreation rooms or buildings, by the total floor area.

(3)

Lot width shall be not less than twenty-five (25) feet at the building line.

(4)

Lot area shall be not less than two thousand, two hundred (2,200) square feet.

(5)

Lot coverage shall not exceed eighty (80) percent of the individual lot and the average lot coverage in the development shall not exceed sixty (60) percent.

(6)

Maximum height shall not exceed two and one half (2-1/2) stories or thirty-five (35) feet.

(7)

Required Yards:

a.

Front Yard: Fifteen (l5) feet except garages opening onto street shall be set back twenty (20) feet.

b.

Side Yard: Five (5) feet at the end or side of each structure. When property abuts any "R-15,000", "R-9,000", "R-7,500", or" R-6,500" District, and is not separated by a public street, the minimum side yard shall be twenty-five (25) feet. A minimum distance of ten (10) feet shall be provided between buildings in all cases.

i.

Side yards on corner lots shall be ten (10) feet except garages opening onto side streets shall be set back twenty (20) feet.

c.

Rear Yard: Ten (10) feet. On lots backing up to (and not separated by a public street) any other Single-Family Residential District, a thirty (30) foot setback for two-story or higher structures and a fifteen (15) foot setback for one- story structures must be provided. On lots backing up to (and not separated by a public street) any other district, a fifteen (15) foot rear yard setback is required. A minimum distance of ten (10) feet shall be provided between buildings in all cases.

(8)

Minimum floor area shall be nine hundred (900) square feet; the average floor area per dwelling unit in the development shall be not less than eleven hundred (1,100) square feet. All lots to be developed with a structure with less than eleven hundred (1,100) square feet must be designated on the preliminary and final plats.

(9)

Parking: Two off-street parking spaces must be provided for each dwelling unit plus one (1) space for each four (4) units in the development.

(10)

Screening: In the event that a Medium -Density Attached ("MD-4") development backs up or sides upon an" R-15,000"," R-9,000", "R-7,500" or "R-6,500" Zoning District, a solid fence (a visual barrier) or wall at least six (6) feet in height shall be erected along the property line separating the two districts.

(11)

No structure shall contain more than five (5) dwelling units.

The City Council, upon recommendation by the Planning and Zoning Commission, may alter one or more of the above listed "MD-4" Development Standards for a particular development application, under the following conditions:

(1)

A written and/or graphic justification and explanation be presented attesting to the compensating benefits provided in lieu of strict adherence to each specific Development Standard altered.

(2)

Any altered standard, along with its compensating benefit, shall be treated as a new Development Standard applicable to the particular tract of land and shall be specified in the Ordinance establishing the district.

(3)

An appropriate graphic pattern shall be applied to the Official Zoning Map to indicate that a particular "MD-4" District carries with it standards, which have been altered from those established herein.

An application for a zoning change to create a "MD-4" District shall include and be accompanied by a site plan. The site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for approval. The site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance.

Prior to the issuance of building permits in any "MD-4" District, the land must be platted into individual lots and shall show all front, side, and rear yard setback lines, maintenance easements and common areas, in addition to other requirements of the City of Bedford Subdivision Regulations. A plat, which contains any common area must be accompanied by properly, executed "Articles of Incorporation" and "By-laws" of the Property Owners Association created to maintain the common areas.

The purpose and intent of the MF-Multiple Family residential District is to provide for compatible land, building, and structure uses primarily oriented to medium to high density multiple family dwellings use on larger tracts of land designed so as to provide total residential amenities of open space, recreation space, landscaping and areas of protected off-street parking. This district is intended to be near high volume thoroughfares due to the traffic-generating probability of the medium to high density development.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

(1)

Residential Uses - Multiple Family Dwellings- including apartments, condominiums and townhouses.

(2)

Community Facility Uses

a.

Public, semi-public and private parks.

b.

Recreation and open space including playgrounds, parkways, greenbelts, ponds, and lakes, botanical gardens, pedestrian paths, bicycle paths.

c.

City Hall, fire and police stations and other municipal uses.

d.

Other uses of a similar nature.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

Accessory Buildings And Use: In "MF", accessory buildings and uses customarily incident to any of the uses indicated in Section 3.1, Schedule of Permitted Uses are permitted when not involving the conduct of business other than incidental to the residential use of such lot, including private and storage garages provided, however, that such accessory building or use shall not be located less than sixty (60) feet from the front lot line nor less than five (5) feet from either side line and rear property line, provided that said accessory building shall not occupy in excess of fifty (50) percent of the minimum required rear yard in the case of a one-story building or forty (40) percent of the minimum required rear yard in the case of a two-story building. Said accessory building shall not be used for commercial purposes. (The term "commercial purposes" shall include part- time businesses.)

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

Specific Use Permits may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 5.3 of this ordinance, subject to the full and complete compliance with any and all conditions required in section 5.3, together with any other conditions as the City Council may impose. Any use accessory to an approved specific use permit shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

In this district, the following development regulations shall be applicable:

(1)

Height: No building or structure which is located within one hundred (100) feet of property zoned as Single Family Residential shall exceed one (1) story, nor shall it exceed thirty-five (35) feet. No building which is located more than one hundred (100) feet from property zoned as single family residential shall exceed three (3) stories, nor shall it exceed forty-five (45) feet.

(2)

Front Yard: When the side of an MF-Zoned lot abuts on property zoned as single family residential, there shall be a front yard of not less than forty (40) feet; where MF-zoned property does not abut property zoned as Single Family Residential, there shall be a front yard of not less than thirty (30) feet.

(3)

Side Yard: There shall be a side yard of not less than fifteen (15) feet except where the lot abuts property zoned as Single Family Residential, there shall be a side yard of not less than twenty-five (25) feet.

(4)

Rear Yard: There shall be a rear yard of not less than twenty (20) feet except where the lot abuts property zoned as Single Family Residential, there shall be a rear yard of not less than forty (40) feet.

(5)

Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty (40) percent of the lot area.

(6)

Lot Area: The minimum lot area shall be forty-three-thousand five hundred sixty (43,560) square feet.

(7)

Floor Area: Each dwelling unit in this district shall have a minimum floor area of eight hundred fifty (850) square feet.

(8)

Maximum Residential Density: The maximum number of dwelling units per acre shall be twelve (12).

(9)

Parking Requirements: Parking shall meet the requirements of section 5.2 of this ordinance.

(10)

Landscape Requirements: Landscaping shall meet the requirements in Section 5.6 of this ordinance.

(11)

A minimum of fifteen (15) percent of all multi-family units within each project shall be specifically designed for the occupancy and use of senior citizens and/or disabled individuals. These units will be provided with appropriate plumbing and electrical fixtures, emergency notification and alarm devices, and shall be designated for the arrangements and placement of cabinets, doors, counters and door hardware to be accessible to senior citizens and/or disabled individuals.

(12)

All Property placed in the MF-zoning shall be situated contiguous to a primary arterial, secondary arterial or primary collector thoroughfare as identified on the community's Master Thoroughfare Plan. This requirement is designed to ensure that the supporting street infrastructure can handle higher volumes of traffic during peak hours of traffic loading without a requirement to divert traffic through traditional residential streets. Wherever possible, property considered for MF-zoning classification should be located in close proximity to designated pick-up points for any mass transit systems serving the City of Bedford.

(13)

Any and all property considered for rezoning to the MF-zoning classification should be located within two and half (2.5) miles of a public elementary school site. This requirement is designed to ensure reasonable access to necessary, supportive educational facilities to meet the needs generated by multi-family housing intensity. Property considered for MF-zoning classification should lie within five (5) miles of a public middle school or junior high school facility. This requirement is to ensure the availability of appropriate educational support activities to meet the needs created by multi-family housing development.

(14)

Maximum Impervious Coverage: The maximum impervious coverage shall not exceed fifty percent (50%) of total lot area.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

All residential use shall provide and maintain a minimum of two hundred fifty (250) feet of Usable Open Space for each dwelling unit. For the purpose of this ordinance, Usable Open Space is as follows:

Usable Open Space shall mean outdoor area excluding parking and other service areas, which is utilized for livable and/or related amenity, such as outdoor living, associated recreation and/or landscaping, and which is open and unobstructed from its lowest level to the sky except for roof overhangs and architectural projections. All Usable Open Space unless hereinafter excepted, shall be accessible to, and usable by, all residents residing on the site. Private courtyards or balconies may constitute Usable Open Space for the purpose of calculating up to thirty percent (30%) of the total required Usable Open Space. Usable Open Space may include areas at the ground level and/or roofs, decks or balconies designed for common use; provided, that such areas meet other criteria as hereinafter set forth. The minimum dimensions for Usable Open Space at the ground level shall be ten (10) feet by ten (10) feet and the minimum area shall be one hundred (100) square feet. The minimum dimensions for Usable Open Space located on roofs or decks that are available for common use shall be twenty (20) feet by twenty (20) feet and the minimum area shall be four hundred (400) square feet. At least one-half of the required open space shall be at the ground level.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

(1)

An approved site plan shall be a prerequisite for the granting of MF-Multiple Family Residential District zoning classification as specifically authorized in Section 5.4 of this ordinance, subject to the full and complete compliance with any and all conditions required in section 4.9, and to the issuance of a building permit or certificate of occupancy for any property in MF-Multiple Family Residential District.

(2)

The purpose of the site plan review is:

a.

To insure compliance with the Zoning Ordinance, while allowing for design flexibility.

b.

To assist in the orderly and harmonious development in the City.

c.

To protect adjacent uses from obstructions to light, air and visibility.

d.

To provide compliance with fire code provisions.

e.

To avoid undue concentrations of populations and overcrowding of land.

f.

To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

Zoning may be approved by the City Council following a recommendation from the Planning and Zoning Commission as specifically authorized in Section 6.3 of this ordinance, subject to the full and complete compliance with any and all conditions required in Section 4.9 and any other applicable ordinance.

The Planning and Zoning Commission shall, after conducting a public hearing, recommend approval of an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this ordinance and other applicable ordinance, and if the Commission finds that the proposed development will not be substantially or permanently injurious to neighboring property. The Commission shall recommend disapproval or conditional approval of any application which fails to meet the above criteria or is in conflict with the Comprehensive Plan or the adopted growth policies of the City of Bedford.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

Special exception uses may be approved by the Board of Adjustment as specially authorized in this ordinance, subject to full and complete compliance with any and all conditions required in this ordinance, together with any other conditions as the Board of Adjustment may impose. Any Use accessory to an approved special exception use shall be permitted without specific approval if it complies with the conditions for an accessory use as defined in this ordinance.

(Ord. No. 19-3242, § 2(Exh. A), 2-12-19)

The purpose of the "M", Mobile-Home Park District, is to permit and regulate mobile homes, trailer courts and mobile-home parks and the uses necessary for their operation. No individual mobile home will be permitted other than those located in a specified mobile-home park.

In "M" Mobile-Home Park District, no building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in Section 3.17, Schedule of Permitted Uses.

An application for a mobile-home park may be made to the Planning and Zoning Commission in the same manner that an application for zone change is made. Application for approval of a mobile-home park shall be processed according to the procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in the Development Park below. The application shall be in writing, signed by the applicant, and include the following:

(1)

The name and address of the applicant.

(2)

The location and legal description of the mobile-home park.

(3)

A complete plan of the park in conformity with the requirements set out in the Development Plan.

(4)

Preliminary plans and specifications of all buildings, improvements, and facilities to be constructed within the mobile-home park.

(5)

Such further information as may be requested by the City Manager to determine if the proposed park will comply with legal requirements.

The application and all accompanying plans and specifications shall be filed with the City Manager in triplicate.

Mobile-home parks may be located only in conformity with the Comprehensive Zoning Ordinance of the City and, in addition to the requirements contained herein, each boundary of the park must be at least two hundred (200) feet from any permanent residential building located outside the park, unless separated by a natural or artificial barrier, or unless a majority of the property owners according to area within said two hundred (200) feet consent in writing to the establishment of the park, provided, however, that the provisions of this section shall not apply to mobile parks already in existence and operation at the time of the passage of this ordinance.

In said "M", Mobile-Home Park District, the minimum off-street parking and loading regulations shall be an all-weather paved surface as follows:

(1)

Mobile-Home Space - One (1) parking space for each mobile home, recreational trailer, or other similar portable structure; in addition, one parking space for each three (3) mobile-home spaces shall be provided.

The mobile-home park shall conform to the following requirements:

(1)

The park shall be located on a well-drained site, properly graded to insure rapid drainage and be free of stagnant pools of water.

(2)

Mobile-home spaces shall be provided consisting of a minimum of 1500 square feet for each space which shall be at least thirty (30) feet wide and clearly defined, provided, however, that mobile-home parks in existence on the effective date of this ordinance which provide mobile-home spaces having a width or area less than that herein above prescribed may continue to operate with spaces of the existing width and area, but in no event shall any mobile-home space be less than twenty-five (25) feet wide and have an area of less than one thousand (1,000) square feet.

(3)

Mobile homes shall be so harbored on each space that there shall be at least a fifteen (15) foot clearance between mobile homes, provided, however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than fifteen (15) feet but shall not be less than ten (10) feet. No mobile home shall be located closer than ten (10) feet from any building within the park or from any property line bounding the park.

(4)

All mobile-home spaces shall abut upon a driveway of not less than eighteen (18) feet in width, which shall have unobstructed access to a public street, alley, or highway.

(5)

Walkways not less than two (2) feet wide shall be provided from the mobile-home spaces to the service buildings.

(6)

All driveways and walkways within the park shall be all-weather hard surfaced and lighted at night with electric lamps of not less than twenty-five (25) watts each, spaced at intervals of not more than one hundred (100) feet.

(7)

Each park shall provide service buildings to house such toilet, bathing, and other sanitation facilities and such laundry facilities as are hereinafter more particularly prescribed.

(8)

An electrical outlet supplying at least one hundred ten (110) volts shall be provided for each mobile-home space.

An application for a zoning change to create an "M", Mobile-Home Park District, shall include and be accompanied by a site plan. The site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance.

The "S" Service Commercial District is established to provide locations for the development of service commercial- type uses.

In "S" Service Commercial Districts, no building, structure, land or premises shall be used and no building or structure shall hereinafter be erected, constructed, reconstructed, or altered except for one or more of the uses specified in the Section 3.1, Schedule of Permitted Uses as follows:

(1)

Accessory Buildings and Uses: In "S", Service Commercial Districts, accessory buildings and uses customarily incident to any of the uses listed in Section 3.1, Schedule of Permitted Uses are permitted. No accessory use shall be constructed to permit the keeping of articles, goods, or material in the open or exposed to the public view. When necessary to store or keep such material in the open, the lot or area shall be fenced with a solid fence or wall at least six (6) feet in height.

See Section 5.1, Height and Area Regulations.

See Section 5.2, Parking and Loading Regulations.

See Section 5.6, Landscaping Requirements.

All property zoned "S", Service Commercial District must have a City Council approved site plan before a building permit will be issued on any project that consists of three (3) acres or more. Such site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for their approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance. In addition, all loading docks must be at least forty (40) feet from any property zoned for residential uses.

The "L", Light Commercial district is established to provide for the development of retail, service, and the lower intensity commercial uses.

In "L" Light Commercial Districts, no building, structure, land or premises shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except one or more of the following;

(1)

Those uses specified in the Section 3.1, Schedule of Permitted Uses.

(2)

Accessory Buildings & Uses. In "L", Light Commercial Districts, accessory buildings and uses customarily incident to any of the uses listed in Section 3.1, Schedule of Permitted Uses are permitted. No accessory use shall be constructed to permit the keeping of articles, goods, or material in the open or exposed to the public view. When necessary to store or keep such material in the open, the lot or area shall be fenced with a solid fence or wall at least six (6) feet in height.

See Section 5.1, Height and Area Regulations.

See Section 5.2, Parking and Loading Regulations.

See Section 5.6, Landscaping Requirements.

See Section 5.9, Outside Sales and/or Storage of Merchandise.

All property zoned "L", Light Commercial, must have a City Council approved site plan before a building permit will be issued on any project that consists of three (3) acres or more. Such site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for their approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance. In addition, all loading docks must be at least forty (40) feet from any property zoned for residential uses.

The "H" Heavy Commercial District is established to provide for development of retail and commercial uses, including higher intensity commercial uses.

In an "H" Heavy Commercial District, no building structure, land, or premises shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except for one or more uses specified in the Section 3.1 Schedule of Permitted Principal Uses and Accessory buildings as follows:

(1)

Accessory buildings and uses customarily incident to the uses listed in Section 3.1, Schedule of Permitted Uses will be permitted. No accessory use shall be construed to permit the keeping of articles or material in the open or on the outside of the building.

See Section 5.1, Height and Area Regulations.

See Section 5.2, Parking and Loading Regulations.

See Section 5.6, Landscaping Requirements.

See Section 5.9, Outside Sales and/or Storage of Merchandise.

All property that is zoned "H" Heavy Commercial must have a City Council approved site plan before a building permit will be issued on any project that consists of three (3) acres or more. Such site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for their approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance. In addition, all loading docks must be at least forty (40) feet from any property zoned for residential uses.

The "I", Light Industrial District is established to accommodate light manufacturing, assembly, research, and wholesale land uses.

In "I", Light Industrial District, no building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the uses specified in the Section 3.1, Schedule of Permitted Uses, as follows:

(1)

Accessory buildings and uses customarily incidental to the above will be permitted.

See Section 5.1, Height and Area Regulations.

See Section 5.2, Parking and Loading Regulations.

See Section 5.6, Landscaping Requirements.

After public notice and hearing and appropriate conditions and safeguards, the Zoning Board of Adjustment, upon recommendation by the Zoning Commission, may permit as special exception in said "I", Light Industrial District:

(1)

Height: In "I", Light Industrial Districts, a detached accessory building not exceeding twenty-four (24) feet or two stories in height, or in any case not higher than the main building, may occupy not more than thirty (30) percent of a rear yard, except that if such building is not more than one story or sixteen (16) feet high, it may occupy forty (40) percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed covered passage open on each side not more than six (6) feet high at its highest point, and is not an extension of the roof of the main building.

(2)

Uses: Products from aluminum, brass, copper, steel, tin, or other metals, and from bone, leather, paper, rubber, shell, wire, or wood, or any other material, provided power not to exceed fifty (50) horse power is employed in the operation of any one machine.

All property that is zoned "I", Light Industrial District, must have a City Council approved site plan before a building permit will be issued on any project that consists of three (3) acres or more. Such site plan must be submitted to the Planning and Zoning Commission for recommendation prior to presentation of the site plan to the City Council for their approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance. In addition, all loading docks must be at least forty (40) feet from any property zoned for residential uses.

The purpose of this district is to accommodate planned associations or uses developed as integral land use units such as industrial parks or industrial districts, office, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, or any appropriate combination of uses which may be planned, developed, and operated as integral land use units either by a single owner or combination of owners.

In said "PUD", Planned Unit Development District, the height, area, and density regulations shall be determined by the standards adopted in the approved Development Plan by the City Council upon recommendation by the Planning and Zoning Commission. The following circumstances shall be considered by the Planning and Zoning Commission and the City Council when considering a proposed Development Plan:

(1)

The proposed height, area, and density regulations substantially meet the intent of this ordinance and the Comprehensive Land Use Plan.

(2)

The proposed height, area, and density regulations provide for better project design.

(3)

The combination of different dwelling types and/or the variety of land uses in the proposed Development Plan complement each other and will be compatible with existing and proposed land uses in the vicinity.

(4)

The proposed development will not generate more traffic than the streets in the vicinity can accommodate without congestion, and the development will not overload utilities as determined by the City Engineer.

Total lot coverage of all buildings and structures, including accessory buildings and structures, shall be as follows:

(1)

For residential- planned unit developments that have not established area and coverage regulations in the adopting planned unit development ordinance, the area and coverage regulations of the residential district that is most compatible with the planned unit development characteristics, as determined by the zoning administrator, shall apply.

(2)

For residential- planned unit developments that have area and coverage regulations that are included in the adopting planned unit development ordinance, the area and coverage regulations of the planned unit development shall apply.

(3)

For all planned unit developments adopted after the effective date of this amendment, total lot coverage for buildings and structures, including accessory buildings and structures, shall not exceed forty (40) percent of the lot area.

In said "PUD" Planned Unit Development District, the minimum off-street parking and loading regulations shall be an all-weather paved surface and shall be determined by the standards adopted in the approved Development Plan by the City Council upon recommendation by the Planning and Zoning Commission.

An application for a "PUD" Planned Unit Development District may be made to the Planning and Zoning Commission in the same manner that an application for zone change is made. Applications for approval of a "PUD" District shall be processed according to the procedure specified herein and a Development Plan and related data shall be submitted for approval in accordance with the requirements set out in the Section 4.15 F, Development Schedule, and Section 4.15 G, Development Plan Required.

In approving the Development Plan and the ordinance establishing the "PUD" District, the City Council shall, after recommendation by the Planning and Zoning Commission, consider the maximum height, floor-area ratio, density and minimum off-street parking and loading standards with the limits of those specified in the districts listed for the specific uses involved as submitted by the applicant. The City Council shall, after receiving the recommendations of the Planning and Zoning Commission, consider the standards for yards, signs, building spacing, site coverage, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets, and alleys to be observed in a "PUD" District as submitted by the applicant. Such standards shall be specified in the ordinance establishing the district.

An application for a "PUD" District shall be accompanied by a Development Schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The Development Schedule, if adopted and approved by the City Council, shall become part of the Development Plan and shall be adhered to by the owner, developer, and his successors in interest.

Annually, the Building Inspector shall report to the Planning and Zoning Commission the actual development accomplished in the various "PUD" Districts as compared with the Development Schedule.

The Planning and Zoning Commission may, if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, initiate proceedings to amend the Zoning District Map or the "PUD" District by removing all or part of the "PUD" District from the Zoning District Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission and for the good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.

An application for a "PUD" District shall include and be accompanied by a Development Plan, which shall become a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in the Development Plan shall be considered the same as changes in the Zoning District Map and shall be processed as required except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor-area ratio, height ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the City Manager.

The applicant may appeal the decision of the City Manager to the Planning and Zoning Commission for review and decisions as to whether an amendment to the Planned Unit Development District ordinance shall be required.

The Development Plan shall include:

(1)

A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five (5) feet, or spot grades where the relief is limited.

(2)

A land use plan where multiple types of land use are proposed that delineates the specific areas to be devoted to various uses.

(3)

A site plan where building complexes are proposed showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line, and/or alley line. (For buildings more than one (1) story in height, except for single-family and two-family residences, elevations and/or perspective drawings may be required so that the relationship of the buildings to adjacent property, open spaces and, to other features of the development plan may be determined. Such drawings need only indicate the height, number of floor, and exposures for access, light, and air.

(4)

A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to the building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Also, any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.

(5)

A designation of the maximum building coverage of the site shall be indicated upon the site plan.

(6)

Screening and landscaping plans shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. (Such plan shall when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns, and gardens if such are determined to be necessary by the City Council.

(7)

Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the City Manager and interpretation by the Building Inspector.

Every "PUD" approved under the provisions of this ordinance shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a "PUD" District, the development conditions indicated in the Development Plan and the Development Schedule, shall be complied with and such conditions as are specified for the development of a "PUD" District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance.

The "CBD", Central Business District, is established to encourage the development of a central business district, which contains a mixture of commercial and residential development. This area is designated as that portion of the City of Bedford bounded by State Highway 121 on the south, Bedford Road on the north and west, and Murphy Drive on the east.

All Zoning Districts underlying the Central Business Overlay District must have a site plan approved by the City Council before a building permit will be issued. Such site plan must be submitted to the Planning and Zoning Commission prior to presentation of the site plan to the City Council for approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4 Site Plan Requirements of this Ordinance.

The "MHC", Master Highway Corridor Overlay District, is established to provide a set of standards applicable to future development and redevelopment within the State Highway 121 and 183 Corridor areas. These standards are intended to protect and enhance the appearance of the State Highway 121 and 183 corridors, promote the unique character of the City of Bedford, protect and enhance property values within the corridor, prevent the establishment of incompatible types of development, and coordinate efforts of various developers within the State Highway 121 and 183 corridors.

The "MHC" Master Highway Corridor Overlay area is designated as the lots, tracts, and parcels of land so indicated on the official zoning map for the City of Bedford. This area consists generally of that property which is located adjacent to and within two hundred (200) feet of the rights-of-way of State Highway 121 and 183. If any portion of said property is located within the two hundred (200) feet threshold, the entire limits of the property have been included.

All uses in the underlying districts, as listed in Section 3.1 Schedule of Permitted Principal Uses, shall be permitted in the "MHC", Master Highway Corridor Overlay District, unless otherwise listed in Section 4.18.D Prohibited Uses. The Restricted Uses listed in Section 4.18.E may be allowed with compliance to the restrictions and in accordance with an approved site plan. Accessory uses as permitted in the underlying district shall also be permitted. All legal and valid uses existing on the effective date of this ordinance at specific locations shall remain legal and valid uses. The owners of the property where such uses are located shall be permitted to expand or remodel. All expansions or remodels shall comply with the underlying basic ordinance and the requirements in the "MHC", Master Highway Corridor Overlay District.

In the "MHC" Master Highway Corridor Overlay District the following uses shall be prohibited:

(1)

Auction Barns and Facilities

(2)

Automatic Coin or Attendant Operated Car Wash Establishments

(3)

Automotive Glass, Trim, and Upholstery Shops

(4)

Bakeries, Wholesale

(5)

Beverage Processing, Bottling and Packing (soft drinks and fruit juices)

(6)

Building and Related Contractors Construction Yards and Storage Buildings

(7)

Candy and Confectionery Manufacturing and Packing

(8)

Cemeteries and Mausoleums

(9)

Chemicals and Allied Products Manufacturing and Packaging

(10)

Dairy Products Manufacturing and/or Wholesale Distribution

(11)

Equestrian Riding Stables and Show Rings

(12)

Farm Machinery and Farm Implements, Sales and Service

(13)

Food Catering

(14)

Fruit and Vegetable Processing (including canning, preserving, drying and freezing)

(15)

Heavy Construction Equipment and Implements (including repair service)

(16)

Industrial Spray Painting and Paint Mixing

(17)

Laundry, Dry Cleaning, and Dyeing Plants

(18)

Massage Salons

(19)

Meat, Fish, or Poultry Markets (including slaughtering and fish cleaning)

(20)

Metals and Metal Products Manufacturing and Assembly

(21)

Moving, Transfer and Storage Warehouse and Distribution Centers

(22)

Multi-family Dwellings, Apartments and Condominiums

(23)

Outdoor Drive-in Theaters

(24)

Pawn Shops

(25)

Pest and Rodent Exterminating Services

(26)

Printing, Publishing, and Allied Products

(27)

Recreational Vehicle Campgrounds

(28)

Rehabilitation Care Facilities (Criminal-psychiatric, mental disorders and substance abuse only)

(29)

Rental Services with Outside Storage

(30)

Sexually Oriented Businesses

(31)

Stone, Glass, and Clay Products Manufacturing

(32)

Textiles and Fiber Products Manufacturing and Assembly

(33)

Water Well Drilling Services

(34)

Welding Shops

(35)

Wholesale Automotive Vehicle and Equipment Establishments

(36)

Wholesale Food Facilities

(37)

Wood, Paper and Leather Products Assembly and Manufacturing

In the "MHC" Master Highway Corridor Overlay District the following uses shall be restricted as noted below:

(1)

Restrict Outdoor Sales or Storage to a maximum outside display area of twenty-five (25%) of the building area; except that New Automobile Dealerships shall be permitted to display automobiles outside without restrictions.

(2)

Apartment(s) as Secondary Use only with self-service Storage Facilities (mini-warehouses)

(3)

Automotive Repair Shops and Garages, shall be restricted such that repair activities shall be conducted indoors and automobiles awaiting repair shall be screened from view of adjacent properties and from any public right-of-way by the use of living plant materials or masonry walls consistent with building and site character.

(4)

Boats and Marine Craft Sales and Service, with a maximum outside display area of twenty-five (25%) of the building area and all boats and marine craft awaiting repair shall be screened from view of adjacent properties and from any public right-of-way by the use of living plant materials or masonry walls consistent with building and site character.

(5)

Mobile Home, Campers, and Recreation Vehicle Sales and Service, with a maximum outside display area of twenty-five (25%) of the building area and all mobile homes, campers, and recreation vehicles awaiting repair shall be screened from view of adjacent properties and from any public right-of-way by the use of living plant materials or masonry walls consistent with building and site character.

(6)

Convenience stores with drive-through windows must locate the drive-through window and all stacking of the drive-through window to the rear or side of the building and not between the building and the State Highway 121 and 183 frontage road. A roof canopy extension is required to cover the drive-through window pick-up area. Said canopy must be architecturally compatible with the design of the restaurant building.

(7)

Drive-in or drive-through restaurants must locate the drive-through window and all stacking of the drive-through window to the rear or side of the building and not between the building and the Airport Freeway frontage road. A roof canopy extension is required to cover the drive-through window pick-up area. Said canopy must be architecturally compatible with the design of the restaurant building.

(8)

Motorcycle and Motor Scooter Sales and Service, with a maximum outside display area of twenty-five (25%) of the building area and all motorcycles and motor scooters awaiting repair shall be screened from view of adjacent properties and from any public right-of-way by the use of living plant materials or masonry walls consistent with building and site character.

(9)

Self-service Storage Facilities (mini-warehouses), with no outside vehicle or boat storage within view from the public right-of-way.

(10)

Used Car and Truck Sales except that Used Car and Truck Sales shall be permitted as an accessory use to a New Car Dealership under the condition that the land area dedicated to used car sales shall not exceed twenty (20%) percent of the total combined area within the dealership dedicated to new and used car sales.

In addition to the requirements of Section 5.1, Height and Area Regulations the following will apply:

(1)

Non-residential Regulations: The following regulations shall apply to all property having an underlying, non-residential zoning district.

a.

Maximum height shall be as permitted in the underlying district.

b.

Minimum front yard setback from the front property line of the property contiguous to State Highway 121 and 183 shall be thirty (30) feet.

c.

Side and rear yards shall be as permitted in the underlying district.

(2)

Residential Regulations: The height and area regulations shall be as permitted in underlying districts.

See Section 5.2, Parking & Loading Regulations.

(1)

Non-residential Regulations: The following regulations shall apply to all property having an underlying non-residential zoning district

a.

Access to individual developments shall be obtained through mutual access and cross-access drives on-site. Multiple driveway entrances for individual lots shall be prohibited, unless it is determined that it is physically impossible to provide shared access to the lot or if extenuating circumstances can be demonstrated and are approved by the City Council after recommendation by the Planning and Zoning Commission.

b.

A raised curb shall be required for all parking and driving surfaces.

c.

Curb stops shall be required on all parking spaces that "head-in" to any landscaped area. These curb stops shall be placed so that the overhang of a vehicle is contained totally within the limits of the parking space.

d.

A traffic circulation plan shall be prepared and provided, with the Specific Use Permit site plan, for all new development. The traffic circulation plan shall identify proposed vehicular and pedestrian connectivity.

e.

All entrance drives from the State Highway 121 and 183 frontage roads shall be accented with decorative street pavers; and shall be clearly detailed on the site plan.

f.

Paved parking areas shall have at least ten (10) percent of the paved surface area dedicated to decorative street treatment as approved by the City Engineer.

g.

Vehicular and pedestrian connections shall be provided to adjacent non-residential and residential developments where such connections will mutually enhance both developments by allowing cross-access. Relief from this requirement may be granted administratively by the Director of Development or his/her designee upon documentation of merit of such relief by the applicant. The Director of Development or his/her designee may defer decision of merit to the Zoning Board of Adjustment at his/her discretion.

Hwy 121 Frontage Rd.

(2)

Residential Regulations: Parking regulations and traffic circulation regulations shall be as permitted in the underlying districts.

Parking lots should be designed such that a minimum number of curb cuts are required along the Master Highway Corridor frontage road. This may be accomplished by incorporating policies and regulations that require shared driveways and access easements, which run across several properties. The above example illustrates how at least six properties (the two properties adjoining these also have access) may be served by two drive entrances.

Master Highway Corridor Frontage Road

Parking lots for small single tenant commercial developments along the Master Highway Corridor frontage road should utilize shared driveways and should include access easements that require cooperative efforts of adjacent property owners. The zoning ordinance may require shared drives and cross access easements. At the time of platting, each development should be required to extend the easement to the next property.

Master Highway Corridor Frontage Road

On properties that have larger multi-tenant developments, a central drive entrance should be required. Each development should be required to provide an "entrance throat" that will direct traffic and provide for stacking space at intersections with Highway 121 and 183. This limited access will permit the City and State to control traffic at this location. The development is also required to extend access to both of its borders to enable the traffic access onto Highway 121 and 183 to continue to be controlled.

Note: The locations of buildings and parking areas are typical and do not necessarily represent a recommended pattern. A variety of spacing with parking lots being located in the front yard should be provided.

Landscaping consisting of live plant material shall be provided for all non-residential development located within the "MHC" Master Highway Corridor Overlay District. In addition to the requirements of Section 5.6, Landscaping Requirements the following will apply:

(1)

Non-residential Regulations: The following regulations shall apply to all property having an underlying, non-residential zoning district designation:

a.

Thirty (30) foot landscape buffer shall be provided in the front yard area. This thirty (30) feet may be located on the road right-of- way, to the extent permitted by TXDOT. The applicant must receive written approval from TXDOT prior to submitting any proposal to landscape highway right-of-way to the City for approval. However, the portion of the thirty (30) foot width located on-site shall not be less than ten (10) feet. Any and all of this landscape buffer shall be provided, in addition to the portion initially or subsequently provided within state right-of-way, on site.

b.

The thirty (30) foot landscape buffer shall contain trees of three (3) inch caliper and twelve (12) feet in height planted on thirty (30) foot centers. Landscape buffer trees shall be trees identified as Desirable Trees in The City of Bedford Subdivision Regulations Article 7, Tree Preservation Ordinance. Additionally, shrubs, berms, or a combination thereof, shall be provided between the trees such that a screen of a minimum of three (3) feet in height shall screen the parking areas.

Note: Locations of buildings and parking areas are typical and do not necessarily represent a recommended pattern or layout. A variety of spacing with parking lots being located in the front yard should be provided.

All development located in the "MHC" Master Highway Corridor Overlay District overlay shall comply with the following development standards:

(1)

All building exteriors shall be constructed of one hundred (100) percent masonry material, exclusive of windows and doors, including the area above the first-floor ceiling-plate line. Alternative construction materials, which are demonstrated to be critical to the architectural theme of the structure, may be used as approved by the City Council upon recommendation by the Planning and Zoning Commission.

(2)

Masonry materials shall be of earth tones and shall be submitted to the Planning and Zoning Commission for recommendation and to the City Council for approval. For the purpose of this section, earth tones shall be understood to consist of darker and pastel shades of the color spectrum, which may generally be found in the natural environment. These colors shall not generally consist of vibrant or fluorescents of the color spectrum.

(3)

All ground-mounted equipment shall be screened from view with masonry construction similar to the primary structure.

(4)

All mechanical equipment shall be screened from the view of any public right-of-way by screening that is compatible to the architectural style of the main structure. Line- of- sight drawings will be required to illustrate that adequate screening is provided.

(5)

Design of structures greater than five thousand (5,000) square feet shall include relief to walls and roofs. Single uninterrupted surface-planes shall not be permitted. The roof of structures may be a flat roof construction, but must provide a variation of roofline, which may include a partial pitched roof for architectural relief. Mechanical equipment located on roofs shall be screened from view from any public right-of-way. Line-of- sight drawings will be required to illustrate that adequate screening is provided.

(6)

With the exception of signs located within twenty-five (25) feet of the frontage roads of State Highway 121 and 183, all freestanding signs shall be ground-mounted monument style signage. The maximum height of monument signs shall be six (6) feet, including structure and sign. The maximum square footage shall be fifty (50) square feet. The structure of the sign shall be constructed of similar masonry material as the primary structure. Pole signs shall be permitted within twenty-five (25) feet of the frontage roads of State Highway 121 and 183.

(7)

Banner signs and signs of a temporary nature that are deemed to be necessary due to construction activity of State Highway 121 and 183 may be permitted upon approval of the Administrative Official. Such approval may be deferred to the Planning and Zoning Commission and City Council upon the discretion of the Administrative Official.

(8)

Any canopy system must provide columns constructed of similar masonry material as the primary structure.

(9)

The site plan shall provide a lighting plan detailing the layout of fixtures, elevations, lamp type, and average maintained illumination of each fixture.

(10)

Exterior lighting fixtures shall not exceed a maximum height of thirty (30) feet and shall direct light toward the ground. Alternatives may be approved by the City Council upon recommendation by the Planning and Zoning Commission on a case- by- case basis when used to complement the architectural character of the development.

(11)

Any automobile repair shop permitted as an accessory use to a new car dealership shall conduct all repair activities indoors and shall screen all automobiles awaiting repair from view of adjacent properties and from any public right-of-way by the use of living plant materials or masonry walls consistent with the building and site character.

(12)

With the exception of existing buildings and structures, a drive-in or drive-through restaurant must locate the drive-through window and all stacking of the drive-through window to the rear or side of the building and not between the building and the State Highways 121 and 183 frontage roads. A roof canopy extension is required to cover the drive-through window pick-up area. Said canopy must be architecturally compatible with the design of the restaurant building.

(13)

With the exception of existing buildings and structures, Banks, Savings and Loans, and Finance Offices that utilize a drive-through facility must locate the drive-through window(s) and all stacking of the drive-through windows(s) to the rear or side of the building and not between the building and the State Highway 121 and 183 frontage roads. A roof canopy extension is required to cover the drive-through window pick-up area. Said canopy must be architecturally compatible with the design of the building."

(Ord. No. 2023-3393, § 2, 12-12-23)

All Zoning Districts underlying the "MHC" Master Highway Corridor Overlay District must have a site plan approved by the City Council before a building permit will be issued. Such site plan must be submitted to the Planning and Zoning Commission prior to presentation of the site plan to the City Council for approval. Such site plan must meet the requirements for site plans, which are detailed in Section 5.4, Site Plan Requirements of this Ordinance. In addition, a color schedule shall be submitted showing the colors to be used for all improvements proposed on the site, including buildings, signage, light fixtures, accessory structures, etc. (Color rendering shall be provided to illustrate the color schedule.)

Non-conformity shall be governed by the regulations as presented in Section 2.3, "Nonconforming Lots of Record, Nonconforming Uses of Land, Nonconforming Structures, and Nonconforming Uses of Structures and Premises" of this zoning ordinance.