Bellville City Zoning Code
ARTICLE 14
03 REGULATIONS FOR SPECIFIC ZONING DISTRICTS
§ 14.03.001 District SF-1, Single-family Residential District - 22,000.
(a)
Purpose.
The SF-1, Single-family Residential District - 22,000 is intended to provide for development of contemporary detached single-family housing of highest quality with large dwelling unit sizes and lot areas of not less than 22,000 square feet and generous widths. Its purpose is to provide a peaceful, low density setting for quality housing in the city, which is protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living.
(b)
Authorized uses.
Those uses listed for the SF-1, Single-family Residential District - 22,000 in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | 22,000 square feet |
Minimum lot width | 90 feet/60 feet for cul-de-sac lot |
Minimum lot depth | 120 feet |
(2)
Yard requirements:
Minimum front yard | 30 feet |
Minimum side yard (interior) | 10 feet |
Minimum side yard (street side) | 15 feet |
Minimum rear yard | 30 feet |
(3)
Structure standards:
Maximum height | 35 feet |
Minimum living area for dwelling | 2,200 square feet |
(4)
Minimum off-street parking:
2 enclosed parking spaces; garage must be side or rear entry.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.002 District SF-2, Single-family Residential District - 12,500.
(a)
Purpose.
The SF-2, Single-family Residential District - 12,500 is intended to provide for development of contemporary detached single-family housing with lot areas not less than 12,500 square feet, average sized lot widths and dwelling units. Its purpose is to provide lower density housing protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living.
(b)
Authorized uses.
Those uses listed for the SF-2, Single-family Residential District - 12,500 in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | 12,500 square feet |
Minimum lot width | 80 feet/50 feet for cul-de-sac lot |
Minimum lot depth | 105 feet |
(2)
Yard requirements:
Minimum front yard | 30 feet |
Minimum side yard (interior) | 10 feet |
Minimum side yard (street side) | 15 feet |
Minimum rear yard | 25 feet |
(3)
Structure standards:
Maximum height | 35 feet |
Minimum living area for dwelling | 1,800 square feet |
(4)
Minimum off-street parking:
2 enclosed parking spaces; garage must be side or rear entry.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.003 District SF-3, Single-family Residential District - 7,000.
(a)
Purpose.
The SF-3, Single-family Residential District - 7,000 is intended to provide for development of medium density detached single-family housing with lot sizes not less than 7,000 square feet. Its purpose is to provide for development of quality medium density housing, for starter homes, move downs, empty nesters and singles in an area protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living. This district can also act as a transition between medium- and high-density detached housing.
(b)
Authorized uses.
Those uses listed for the SF-3, Single-family Residential District - 7,000 in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements.
Minimum lot area | 7,000 square feet |
Minimum lot width | 60 feet/50 feet for cul-de-sac lot |
Minimum lot depth | 115 feet |
(2)
Yard requirements:
Minimum front yard | 25 feet |
Minimum side yard (interior) | 10 feet |
Minimum side yard (street side) | 10 feet |
Minimum rear yard | 25 feet |
(3)
Structure standards:
Maximum height | 35 feet |
Minimum living area for dwelling | 1,000 square feet |
(4)
Minimum off-street parking:
2 enclosed parking spaces; garage must be side or rear entry.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.004 District MH, Manufactured Home Residential District.
(a)
Purpose.
The MH, Manufactured Home Residential District is intended to provide locations for manufactured homes, manufactured home parks and manufactured home subdivisions in an area protected from excessive noise, illumination, odors, visual clutter and other influences that are generally objectionable or not conducive to family living.
(b)
Authorized uses.
Those uses listed for the MH, Manufactured Home Residential District in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum site area | 4 acres for a manufactured home park |
Minimum lot area | 5,000 square feet |
Minimum lot width | 50 feet |
Minimum lot depth | 90 feet |
(2)
Yard requirements:
Minimum front yard | 20 feet |
Minimum side yard (interior) | 5 feet |
Minimum side yard (street side) | 10 feet |
Minimum rear yard | 20 feet |
(3)
Structure standards:
Maximum height | 35 feet |
Minimum living area for dwelling | N/A |
(4)
Minimum off-street parking:
2 parking spaces.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.005 District MU, Business/Residential Mixed Use District.
(a)
Purpose.
The MU, Business/Residential Mixed Use District is intended to provide for development of mixed business and residential uses to provide convenient locations for neighborhood shopping and for affordable moderate density multifamily housing with easy access to transportation routes and neighborhood shopping.
(b)
Authorized uses.
Those uses listed for the MU, Business/Residential Mixed Use District in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | 5,000 square feet |
Minimum lot width | 50 feet |
Minimum lot depth | 100 feet |
(2)
Yard requirements:
Minimum front yard | 25 feet/10 feet for townhomes |
Minimum side yard (interior) | 15 feet |
Minimum side yard (street side) | 15 feet |
Minimum rear yard | 10 feet |
(3)
Structure standards:
Maximum height | 45 feet |
Area of structure | Not more than 80% of lot |
(4)
Minimum off-street parking:
The number of parking spaces required by the International Building Code adopted by the city plus 5 additional spaces.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(6)
Single-family dwellings:
Minimum SF-3 regulations still apply to single-family residences.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.006 District C, Commercial District.
(a)
Purpose.
The C, Commercial District is intended to accommodate development of all retail and wholesale activities, such as commercial sales and service uses, other contracting services, storage and warehouse services, automotive and transportation related services and activities dealing with services to other businesses and vehicular related activities. Developments of this type are generally incompatible with residential development due to heavy traffic generation, hours of operation, noise emissions, or other incompatible features.
(b)
Authorized uses.
Those uses listed for the Commercial District in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | 5,000 square feet |
Minimum lot width | N/A |
Minimum lot depth | N/A |
(2)
Yard requirements:
Minimum front yard | 10 feet |
Minimum side yard (interior) | 10 feet |
Minimum side yard (street side) | 10 feet |
Minimum rear yard | 10 feet |
(3)
Structure standards:
Maximum height | 52 feet |
Area of structure | N/A |
(4)
Minimum off-street parking:
The number of parking spaces required by the International Building Code adopted by the city plus 5 additional spaces.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.007 District I, Industrial District.
(a)
Purpose.
The I, Industrial District is intended to provide for light industrial and light manufacturing uses such as assembling and fabrication, warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits.
(b)
Authorized uses.
Those uses listed for the Industrial District in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | 10,000 square feet |
Minimum lot width | N/A |
Minimum lot depth | N/A |
(2)
Yard requirements:
Minimum front yard | 10 feet |
Minimum side yard (interior) | 10 feet |
Minimum side yard (street side) | 10 feet |
Minimum rear yard | 10 feet |
(3)
Structure standards:
Maximum height | 52 feet |
Area of structure | N/A |
(4)
Minimum off-street parking:
The number of parking spaces required by the International Building Code adopted by the city plus 5 additional spaces.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.008 District H, Historic District.
(a)
Purpose.
The H, Historic District is established to preserve structures, sites or areas that have outstanding historical and cultural significance.
(b)
Authorized uses.
Those uses listed for the Historic District in the use chart as "P" or "C" are authorized uses permitted by right or conditionally permitted uses, respectively. Conditional uses must be approved utilizing procedures set forth in this chapter.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | N/A |
Minimum lot width | N/A |
Minimum lot depth | N/A |
(2)
Yard requirements:
Minimum front yard | 10 feet |
Minimum side yard (interior) | 10 feet |
Minimum side yard (street side) | 10 feet |
Minimum rear yard | 10 feet |
(3)
Structure standards:
Maximum height | 52 feet |
Area of structure | N/A |
(4)
Minimum off-street parking:
The number of parking spaces required by the International Building Code adopted by the city.
(5)
Driveway requirements:
Driveway must be 100% reinforced concrete.
(d)
Certificate of appropriateness required for development.
A certificate of appropriateness is required prior to commencing any development or exterior alteration in the Historic District.
(e)
Certificate of appropriateness for building permit, exterior modification or demolition.
(1)
Applicability.
A certificate of appropriateness shall be required in the following circumstances before the commencement of development within or work upon any building or structure located within the Historic District.
(A)
Whenever such work or development requires a building permit or certificate of zoning compliance issued by the city; or
(B)
Whenever such work includes the erection, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair.
(2)
Certificate of appropriateness required.
No building permit shall be issued by the city for any structure or site located within the Historic District until the application for such permit has been reviewed by city administrator, as appropriate, and a certificate of appropriateness has been approved.
(3)
Procedures.
(A)
After an application for a certificate of appropriateness is submitted, the city shall determine whether the application is eligible for administrative review or must be reviewed by the city council.
(B)
The city administrator may determine that the application is eligible for administrative review if it involves the following:
(i)
Paint colors for the exterior of a structure including siding, trim, doors, steps, porches, railings, and window frames. This shall not include painting or otherwise coating previously unpainted masonry;
(ii)
The placement, screening, and impact of installation of roof-mounted, ground-mounted and other mechanical equipment of various types;
(iii)
The placement and design of screening treatments for trash and recycling receptacles;
(iv)
Fences to be installed in the rear and/or side yard;
(v)
Ground lighting;
(vi)
Elements attached to a facade of any building, garage or carriage house including, but not limited to, door hardware, hinges, mailboxes, light fixtures, sign brackets, street address signage and historic interpretive signage;
(vii)
Replacing roofing materials or color on a flat roof that will not be visible from the ground or from immediately adjacent taller buildings;
(viii)
Gutters and downspouts;
(ix)
Installation or removal of landscaping, including trees;
(x)
Accessibility ramps;
(xi)
Changes to awning fabric color for an existing awning;
(xii)
Landscape elements, including but not limited to, walks, paving, benches, outdoor furniture, planters, pools, trellises, arbors and gazebos;
(xiii)
Installation of any elements required by other codes such as emergency lighting;
(xiv)
Modifications that are considered nonpermanent such as, but not limited to, window films and temporary features to weatherize or stabilize a historic resource;
(xv)
Minor modifications to an existing certificate of appropriateness that still meets the intent of the original approval;
(xvi)
Alterations to a building to secure it or prevent further damage after it sustains damage due to a natural cause such as storms or floods; or
(xvii)
Renewal of an expired certificate of appropriateness.
(C)
The city administrator shall endeavor to either deny or approve the application, with or without conditions, within ten business days of receipt of the completed application.
(D)
If the city administrator:
(i)
Denies the application;
(ii)
Approves the application with conditions; or
(iii)
Fails to act within ten business days; and
(iv)
The applicant submits a written notice of appeal; the application shall be considered by the city council. The notice of appeal must be submitted no later than 30 days after the filing of the competed application.
(E)
If the city administrator determines that the application is not eligible for administrative review, the application shall be reviewed by the city council. In that event, the city secretary shall inform the applicant of the meeting date at which the application shall be considered. The applicant shall have the right to be heard and may be accompanied or represented by counsel and/or one or more construction or design professionals at the meeting.
(F)
The city administrator shall review the application and make a recommendation to the city council during the meeting at which the application shall be considered.
(G)
After hearing the applicant and any other interested parties, and considering the recommendation from the city administrator, the city council shall take one of the following actions:
(H)
In the case of the disapproval of a certificate of appropriateness by the city council, the city council shall state in writing the reasons for such disapproval and may include suggestions in regards to actions the applicant might take to secure the approval of the city council concerning future issuance of a certificate of appropriateness.
(4)
Certificate.
(A)
It shall be the responsibility of the city administrator to issue the actual certificate of appropriateness following approval by the city administrator or the city council, with any designated conditions, and to maintain a copy of the certificate of appropriateness, together with the proposed plans. These shall be public documents for all purposes.
(B)
Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate. It shall be the duty of the building official to inspect from time to time any work performed pursuant to a certificate of appropriateness to assure such compliance. In the event that such work is not in compliance, the building official shall issue a stop work order and/or citation as prescribed by ordinance. The city administrator or the city council, as appropriate, may request that the building official inspect the work and issue a stop work order.
(5)
Criteria.
The city administrator or city council shall determine whether to grant a certificate of appropriateness based on the following criteria:
(A)
The effect of the proposed change upon the general historic, cultural and architectural nature of the site, landmark or district;
(B)
The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley or walkway; and
(C)
The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district, contrast or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical and cultural values.
(D)
Any and all applicable guidelines referenced below.
(6)
Guidelines.
In all of its determinations of architectural appropriateness and historical integrity in the design and construction of buildings or signs in the Historic District, the city administrator or city council shall use the book entitled, "The Secretary of the Interior's Standards for the Treatment of Historic Properties: With Guidelines for Preserving, Rehabilitation, Restoring and Reconditioning", and the following criteria as guidelines:
(A)
Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
(B)
The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(C)
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.
(D)
Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(E)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.
(F)
Weakened architectural features that are found in kind are to be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(G)
The surface clearing of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken without approval from the city council.
(H)
Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.
(I)
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and when such design is compatible with the size, scale, color, material, a character of the property, neighborhood or environment. Wherever possible, new additions or alterations to a structure shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(7)
Certificate of appropriateness for demolition.
(A)
No building or structure within any Historic District shall be demolished or removed unless such demolition shall be approved by the city council and a certificate of appropriateness for such demolition shall be granted.
(B)
Procedure.
(i)
The procedure for issuance of a certificate of appropriateness for demolition shall be the same as for the issuance of other certificates of appropriateness with the following modification.
(ii)
After the hearing, the city council may approve the certificate of appropriateness, thereby authorizing the demolition, or the city council may disapprove the certificate of appropriateness and postpone the demolition or removal for a period not to exceed 120 days. The purpose of such a postponement would be to allow the council and any interested parties to explore alternatives to demolition.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.009 District PD, Planned Development District.
(a)
Purpose.
The Planned Development District accommodates new or innovative concepts in land utilization not permitted by other standard zoning districts of the city. Greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, however regulations should be established to ensure against the misuse of increased flexibility. The Planned Development District's purpose is to promote more efficient use of land and public services, encourage creative and innovative site design, and provide an increased level of amenities and aesthetic enhancement. Planned Development Districts are individually designed for a specific site in order to more appropriately address the unique physical and locational features associated with the property. Permitted uses and development standards are established by the Planned Development District ordinance and may include just one or a broad range of activities and uses.
(b)
Planned Development District requirements:
(1)
Requests for Planned Development District designations shall be processed as a rezoning request and shall follow the procedures outlined elsewhere in this chapter. Each Planned Development District is designed according to a detailed development plan, which must be approved as part of the ordinance. A required development plan shall include, but not be limited to: the location of the Planned Development District, proposed uses; number and density of dwelling or other units per acre; lot area; lot width; lot depth; yard depths and widths; building height; building elevations; coverage; floor area ratio; ingress and egress; parking; existing and proposed streets, alleys, easements and lot lines; sidewalks; screening; landscaping; accessory buildings; signs; lighting; utilities and related facilities; fire lanes; fire hydrants; topography drainage; project phasing or scheduling; property management associations; and other development data or requirements as the city may deem appropriate to adequately describe the development.
(2)
The minimum acreage of a Planned Development District shall be one (1) acre.
(c)
General guidelines:
(1)
A Planned Development District shall conform to applicable regulations and standards established by this chapter;
(2)
A Planned Development District should be compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features;
(3)
A Planned Development District shall not create unfavorable effects or impacts on other existing or permitted uses on abutting sites that cannot be mitigated by the provisions of the planned development;
(4)
A Planned Development District shall not adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed development and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;
(5)
A Planned Development District must reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts;
(6)
A Planned Development District shall not adversely affect traffic control or adjacent properties by inappropriate location, lighting, or types of signs;
(7)
A Planned Development District must protect the public health, safety, or welfare, and shall not be materially injurious to properties or improvements in the vicinity; and
(8)
Unless otherwise specified in the approved development plan, the granting of the Planned Development District shall not relieve the property owner from responsibility for complying with all other applicable codes and ordinances of the city unless such relief is specified in the approved PD ordinance and development plan.
(d)
Zoning district map.
All Planned Development Districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be kept on file in the office of the city secretary or his or her designee.
(Ordinance 1691 adopted 5/22/2023)
§ 14.03.010 District A, Agricultural District.
(a)
Purpose.
The A, Agricultural District is established to provide for compatible land, building and structure uses primarily oriented to agricultural farming and ranching, and extremely low density residential purposes. The Agricultural District may also serve as (1) open space for the protection and enhancement of scenic areas, vistas, and recreational uses; and (2) low density development where unusual or problematic soils, topographic conditions or sensitive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization.
(b)
Authorized uses.
(1)
Agricultural uses: Farms, ranches, orchards, truck gardens, nurseries for the growing of plants and similar agrarian activities involving the growing of plants and raising and pasturing of livestock, including accessory feeding pens but not commercial feeding pens, provided that no operation shall be obnoxious or offensive.
(2)
Residential uses: Single-family detached dwellings housing the owner or operator of the agricultural use upon which said dwelling is situated or to be situated, provided the site area allocated to said residential dwelling use shall not be less than one (1) acre.
(c)
District development standards.
(1)
Lot dimension requirements:
Minimum lot area | N/A |
Minimum lot width | N/A |
Minimum lot depth | N/A |
(2)
Yard requirements:
Minimum front yard | 40 feet |
Minimum side yard (interior) | 40 feet |
Minimum side yard (street side) | 40 feet |
Minimum rear yard | 40 feet |
(3)
Structure standards:
Maximum height | 52 feet |
Area of structure | N/A |
(4)
Minimum off-street parking:
The number of parking spaces required by the International Building Code adopted by the city.
(5)
Driveway requirements:
N/A.
(Ordinance 1691 adopted 5/22/2023)