Brady City Zoning Code
Division 3
Zoning Districts
§ 14.02.061 Zoning districts established.
(a)
The city is hereby divided into the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:
Abbreviated Designation | Zoning District Name |
|---|---|
Base Districts | |
A | Agriculture District |
SF-10 | Single-Family Residential-10 District |
SF-5 | Single-Family Residential-5 District (minimum 5,000 square-foot lots) |
2F | Two-Family Residential (Duplex) District |
MF | Multifamily Residential District |
MH | Manufactured Home District |
O | Office District |
R | Retail District |
CBD | Central Business District |
C | Commercial District |
I | Industrial District |
Overlay Districts | |
PD | Planned Development Overlay District |
SUP | Specific Use Provisions |
(b)
Certain terms and definitions used within this chapter can be found in section 14.02.128.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.062 A Agriculture District.
(a)
General purpose and description.
The A, Agriculture, district is designed to permit the use of land for the propagation and cultivation of crops and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district. Territory that has been newly annexed into the city is initially zoned Agriculture until it is assigned another more permanent zoning district. It is anticipated that Agriculture zoned land will eventually be rezoned to another more permanent, urban zoning classification in accordance with the comprehensive master plan in the future.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Single-family detached dwelling.
(3)
Farms, ranching operations, barns, nurseries, greenhouses or gardens on parcels one acre or larger, limited to the propagation and cultivation of plants, provided no retail business is conducted on the premises except as provided under home occupation and except as may be allowed with a SUP. No concentrated animal feeding operations (feed lots) are permitted.
(4)
Municipally-owned facilities and uses (including parks and open space), and public schools owned and/or operated by the school district(s).
(5)
Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein:
(A)
The term accessory use shall include customary home occupations as herein defined.
(B)
Accessory buildings, including a private garage, shall not occupy more than 50% of the minimum required rear yard. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. See section 14.02.127 for additional accessory use requirements.
(C)
A detached private garage used in conjunction with the main building.
(D)
Antennae (amateur or CB radio) and/or satellite dish antennae, as specified in section 14.02.124(g).
(E)
Detached garages with living quarters (i.e., garage/accessory dwelling), detached servants (i.e., caretaker's) quarters (with a garage), or other accessory buildings such as barns, sheds, and other structures are permitted. Detached servants quarters without a garage may be allowed only by SUP, and are required to be on a lot one acre or larger. No such accessory building or quarters shall be used or occupied as a place of abode or dwelling by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one accessory dwelling unit (i.e., garage/accessory dwelling, servants/caretakers quarters, etc.) shall be allowed on any lot within the A district, and they shall be clearly incidental to the primary use (i.e., single-family detached residential). These accessory living structures shall not, in any case, be leased or sold.
(F)
Private open space or other private recreational amenities as part of a residential subdivision and not for commercial purposes.
(6)
Swimming pool (private).
(7)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations.
(1)
Maximum height:
(A)
40' for the main building/house.
(B)
45' for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than 100' from any residential structure on the premises, and they are set back at least 100' or three times their height (whichever is greater) from any residential structure on adjacent property.
(C)
25' for other accessory buildings, including detached garage/accessory dwelling units.
(D)
Other (see section 14.02.124).
(d)
Area regulations:
(1)
Size of lots:
(A)
Minimum lot area: One acre (i.e., 43,560 square feet).
(B)
Minimum lot width: 150'.
(C)
Minimum lot depth: 200'.
(2)
Size of yards:
(A)
Minimum front yard: 35'.
(B)
Minimum side yard: 10% of the lot width, but need not exceed 30'; 50% of the front yard setback (i.e., 12.5') from a street right-of-way for a corner lot.
(C)
Minimum rear yard: 25' for the main building and any accessory building(s); 10' from a main building to an accessory building.
(3)
Minimum floor area per dwelling unit: 800 square feet.
(e)
Special requirements:
(1)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling purposes.
(2)
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.
(3)
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).
(4)
Site plan approval (see section 14.02.036) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the A district.
(5)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.064 SF-10-Single-family residential-10 district.
(a)
General purpose and description.
The SF-10, Single-Family Residential-10, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than 10,000 square feet.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (Use Charts).
(2)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height:
(A)
40' for the main building/house.
(B)
One story for accessory buildings.
(C)
Other (see section 14.02.124).
(d)
Area regulations:
(1)
Size of lots:
(A)
Minimum lot area: 10,000 square feet.
(B)
Minimum lot width: 100'.
(C)
Minimum lot depth: 100'.
(2)
Size of yards:
(A)
Minimum front yard: 25' setback.
(B)
Minimum side yard: 10' setback.
(C)
Minimum rear yard: 25' setback for the main building and an accessory building(s); 10' setback from a main building to an accessory building.
(D)
Minimum side yard for side entry garage: 35' setback.
(3)
Minimum floor area per dwelling unit: 800 square feet.
(4)
Maximum lot coverage: 50%.
(e)
Special requirements:
(1)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling purposes.
(2)
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.
(3)
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).
(4)
Single-family homes platted after October 2014 may have side entry garages (not facing the main street). A rear entry garage may be constructed if a dedicated alleyway exists.
Side entry carports are allowed, either attached or detached, without being enclosed. But, if not enclosed are not to be used for storage and must be used for vehicle parking only.
Corner lot homes (which have two front yards) are allowed to have a garage or carport entry on the secondary street side (not facing the main street).
(5)
Site plan approval (see section 14.02.036) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 district.
(6)
Other regulations.
As established in sections 14.02.121 through 14.02.127.
§ 14.02.065 SF-5. Single-family residential-5 district.
(a)
General purpose and description.
The SF-5, Single-Family Residential-5, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than 5,000 square feet.
(b)
Permitted uses.
(1)
Those uses specified in section 14.02.091 (Use Charts).
(2)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height:
(A)
40' for the main building/house.
(B)
One story for accessory buildings.
(C)
Other (see section 14.02.124).
(d)
Area regulations:
(1)
Size of lots:
(A)
Minimum lot area: 5,000 square feet.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100'.
(2)
Size of yards:
(A)
Minimum front yard: 25'
(B)
Minimum side yard: 5'.
(C)
Minimum rear yard: 25' for the main building and any accessory building(s); 10' from a main building to an accessory building.
(3)
Minimum floor area per dwelling unit: 800 square feet.
(4)
Maximum lot coverage: 50%.
(e)
Special requirements:
(1)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling purposes.
(2)
fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.
(3)
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).
(4)
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20' from the door face of the garage or carport to the side property line for maneuvering.
(5)
Site plan approval (see section 14.02.036) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-5 district.
(6)
Other regulations: As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.066 2F Two-family residential (duplex) district.
(a)
General purpose and description.
The 2F, Two-Family Residential (Duplex), district is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of each of the two-family or duplex units is encouraged. This district may be included within single-family neighborhoods or, when in accordance with the intent of the comprehensive master plan, may provide a "buffer" or transition district between lower density residential areas and higher density or nonresidential areas or major thoroughfares.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height:
(A)
Two and one-half (2 1/2) stories, or 40' for the main building/house whichever is greater.
(B)
One story for accessory buildings.
(C)
Other (see section 14.02.124).
(d)
Area regulations:
(1)
Size of lots for two-family/duplex homes:
(A)
Minimum lot area: 6,000 square feet per duplex lot (i.e., 3,000 square feet of lot area per dwelling unit).
(B)
Minimum lot width: 60' for each duplex lot (i.e., 30' of lot width per dwelling unit).
(C)
Minimum lot depth: 100'.
(2)
Size of lots for single-family detached homes:
(A)
Minimum lot area: 6,000 square feet.
(B)
Minimum lot width: 60'.
(C)
Minimum lot depth: 100'.
(3)
Size of yards:
(A)
Minimum front yard: 25'.
(B)
Minimum side yard: 5'.
(C)
Minimum rear yard: 25' for the main building and any accessory building(s); 10' from a main building to an accessory building.
(4)
Maximum lot coverage: 50%.
(5)
Minimum floor area per dwelling unit:
(A)
Two-family/duplex homes or single-family detached homes: 800 square feet.
(e)
Special requirements:
(1)
Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-5 zoning district.
(2)
Recreational vehicles, travel trailers, or motor homes may not be used for permanent on-site dwelling purposes.
(3)
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.
(4)
Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, gardening materials, etc.).
(5)
Single-family and two-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of 20' from the door face of the garage or carport to the side property line for maneuvering.
(6)
Site plan approval (see section 14.02.036) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the 2F district.
(7)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.067 MF - Multifamily residential district (apartments).
(a)
General purpose and description.
The MF, Multifamily Residential, district is an attached residential district intended to provide the highest residential density of 25 dwelling units per acre. The principal permitted land uses will include low- and mid-rise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic and medium or low density residential development.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Multifamily dwellings that are typically greater than two units per building.
(3)
Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multifamily complex.
(4)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height:
(A)
Three stories or 45' for the main building(s) whichever is greater.
(B)
One story for accessory buildings.
(C)
Other (see section 14.02.124).
(d)
Area regulations:
(1)
Size of lots:
(A)
Minimum lot area: 1,750 square feet per dwelling unit, not to exceed 25 dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be 5,000 square feet.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100'.
(2)
Size of yards:
(A)
Minimum front yard: 25'. All areas adjacent to a street shall be deemed front yards.
(B)
Minimum side yard: 15'; 60' when building is in excess of one story in height and adjacent to a single-family zoning district.
(C)
Minimum rear yard: 25'; 80' when the building is in excess of one story and adjacent to a single-family zoning district.
(D)
Building separation:
(i)
One-story buildings: 15', for buildings with or without openings.
(ii)
Two-story buildings (or a two-story building adjacent to a one-story building): 20', for buildings with or without openings.
(iii)
Three-story buildings (or a three-story building adjacent to a one- or two-story building): 25', for buildings with or without openings.
(3)
Minimum floor area per dwelling unit:
(A)
Efficiency unit: 550 square feet per unit.
(B)
One-bedroom unit: 600 square feet per unit.
(C)
Two- or more bedroom unit: 800 square feet.
(4)
Maximum lot coverage: 50%.
(e)
Refuse facilities:
(1)
Every multifamily dwelling unit shall be located within 250' of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling. Refuse dumpsters shall be no closer than 30' to any adjacent single-family property.
(2)
Each refuse facility shall be screened from view on three sides (gate on fourth side is optional) from persons standing at ground level on the site or immediately adjoining property, by a solid screening device constructed of materials approved by the city manager, or his/her designee, and not less than six feet in height, or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (See Illustration 11, section 14.02.183, for refuse container enclosure diagram).
(f)
Special requirements:
(1)
Single-family or duplex units constructed in this district shall conform to SF-5 and 2F district standards, respectively.
(2)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling purposes.
(3)
Open storage is prohibited.
(4)
The front door of each dwelling unit shall be no more than 150' from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).
(5)
A paved walkway shall connect the front door of each ground floor unit to a parking area.
(6)
Buildings shall not exceed 200' in length.
(7)
Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be visible from a public street.
(8)
All buildings containing residential units shall provide signage which clearly identifies the numbers (i.e., addresses) of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.
(9)
All parking areas shall have appropriate lighting and shall be positioned such that no light adversely impacts adjacent residential areas.
(10)
Site plan approval shall be required (see section 14.02.036). Site plan approval shall also be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF district.
(11)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.068 MH - manufactured home district.
(a)
General purpose and description.
The MH, Manufactured Home, district is a detached residential district establishing standards for the development of manufactured, HUD-code mobile home parks and subdivisions. Manufactured/mobile home subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured/mobile home units. A manufactured, or mobile, home park offers spaces for the placement of manufactured/mobile home units on a lease or rental basis. The Manufactured Home district establishes area and design requirements for parks and subdivisions, as well as yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Individually owned HUD-code manufactured homes or mobile homes on lots in platted manufactured/mobile home subdivisions.
(3)
Mobile, or manufactured, home parks for residential use providing, on a rental basis, lots for placement of mobile homes with utilities. Small offices and washaterias are permitted as incidental uses within the park.
(4)
Industrialized housing.
(5)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Area regulations:
(1)
Size of yards (for each space within manufactured home park or subdivision):
(A)
Minimum front yard: 25' from a dedicated street; 15' from any private street or drive.
(B)
Minimum side yard: 10'; 20' between units; 25' from any zoning district boundary line.
(C)
Minimum rear yard: 10'; 25' from any zoning district boundary line.
(D)
If a garage is provided, the entry (i.e., door) side of the garage shall have a 20' setback.
(E)
An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak or porch which has a floor area exceeding 25 square feet, and which has an opaque top or roof, shall for purposes of all separation requirements be considered to be part of the manufactured/mobile home unit.
(2)
Size of lot:
(A)
Minimum lot area: 5,000 square feet per unit.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100'.
(3)
Minimum floor area per dwelling unit:
800 square feet.
(4)
Area for manufactured home park:
Minimum, three acres; maximum, 35 acres. The total lot area shall equal at least 2,500 square feet for each unit within the park.
(5)
Maximum height limit:
(A)
Two and one-half (2 1/2) stories, or 35' for the main building/house whichever is greater.
(B)
One story for accessory buildings.
(C)
Other (see section 14.02.124).
(6)
All dwelling units shall have a minimum separation of at least 18'.
(d)
Special requirements for manufactured/mobile home parks:
(1)
Access.
Each manufactured/mobile home community shall have direct access from a public street or an internal street. Where an internal private street provides access, the same shall be paved in accordance with city standards, and it shall be dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used in providing emergency health or public safety services. Each emergency access/fire lane easement shall have a clear unobstructed width of 24', shall connect to a dedicated public street, and shall have a turning area and radii of a minimum of 50' to permit free movement of emergency vehicles. Dead end streets are not allowed. Cul-de-sac streets shall not exceed 400' in length. Fire lane easements shall be maintained by the manufactured/mobile home park.
(2)
Walkways.
Designated concrete walkways 4' in width will be provided on both sides of roadways or streets, shall have barrier-free ramps at all street intersections and at other appropriate pedestrian crossing locations, and shall be designed in accordance with Americans with Disabilities Act (ADA) standards.
(3)
Street names and signs.
Within each manufactured/mobile home park, all streets shall be named, and manufactured/mobile homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be submitted to the city manager, or his/her designee, along with the preliminary plat application, reviewed by the appropriate city staff with respect to street naming procedures set forth within the subdivision ordinance and/or the city's code, and approved by the planning and zoning commission and city council on the preliminary plat for the subdivision. The street names shall be set with preliminary plat approval, and shall not be changed on the final plat without city approval. All dwelling unit numbering (i.e., addressing) shall be assigned by the city manager, or his/her designee.
(4)
Other signs.
Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be in accordance with the Manual of Uniform Traffic-Control Devices and approved by the city.
(5)
Intersections.
Internal streets shall intersect adjoining public streets at approximately 90° and at locations which will eliminate or minimize interference with traffic on those public streets.
(6)
Street lighting.
Street lighting within the manufactured/mobile home park shall be provided and maintained by the owners of the manufactured/mobile home park.
(7)
Drainage and soil protection.
The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured/mobile home space shall provide adequate drainage for the placement of a manufactured/mobile home. Exposed ground surfaces in all parts of every manufactured/mobile home park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust.
(8)
Firefighting:
(A)
Approaches to all manufactured/mobile homes shall be kept clear for firefighting.
(B)
The owner or agent of a manufactured/mobile home park shall be responsible for the instruction of any staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. Owner shall supply standard city fire hydrants located within 300' of all manufactured/mobile home spaces, measured along the drive or street.
(C)
The owner or agent of a manufactured/mobile home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of 12" in height.
(9)
Refuse handling and collection.
The owner or agent of a manufactured/mobile home park shall provide an adequate system of collection and safe disposal of rubbish, as approved by the city. Storage, collection and handling of refuse shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Every dwelling unit shall be located within 250' of a refuse facility measured along the designated pedestrian or vehicular travel way. There shall be available at least six cubic yards of refuse containers per 30 units. If trash dumpsters are used, they shall be screened as prescribed in section 14.02.123(b)(7) and as shown in illustration 11, section 14.02.183.
(10)
Anchorage of manufactured/mobile homes.
To insure against natural hazards such as tornados, high winds and electrical storms, anchorage for each manufactured/mobile home shall be provided according to the building code and state law.
(11)
Skirting:
(A)
All manufactured/mobile home units not attached to a permanent foundation shall provide skirting from the top of the unit's frame to grade. Skirting shall totally enclose and secure from view the unit's axles and all required anchors, footings, and piers.
(B)
All required skirting shall be masonry (or other material approved by the building official, or his/her designee), and shall be of a color similar to the materials used in the construction of the manufactured/mobile home unit such that it blends with the overall appearance of the unit.
(12)
Adequate public facilities:
(A)
Water:
An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park/subdivision. Where a public supply of water of satisfactory quantity, quality and pressure is available at the site or at the boundary of the site, connection shall be made thereto, and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the city's health authority.
(B)
Sewerage:
An adequate and safe sewerage system shall be provided in all mobile home parks/subdivisions for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.
(i)
Each mobile home stand shall be provided with at least a 4" diameter sewer riser pipe. The sewer riser pipe shall be located on each stand so that the sewer connection in the mobile home drain outlet will approximate a vertical position.
(ii)
The sewer connection from the drain outlet of the mobile home to the sewer riser pipe shall have a nominal inside diameter of at least 3", and the slope of any portion thereof shall be at least 1/4" per foot. The sewer connection shall consist of one pipe only without any branch fittings. All joints shall be watertight.
(iii)
All materials used for sewer connections shall conform to city's engineering specifications.
(iv)
Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 4" above ground elevation.
(e)
Special requirements:
(1)
Single-family dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-5 district (i.e., minimum 5,000 square foot lot size, minimum 50 foot lot width, etc.).
(2)
Open storage is prohibited.
(3)
Recreation areas:
In all mobile home parks/subdivisions accommodating or designed to accommodate 25 or more mobile homes, there shall be one or more recreation areas which shall be easily accessible to all park/subdivision residents. The size (i.e., total square footage) of such recreation areas shall be based upon a minimum of 100 square feet for each lot. No outdoor recreation area shall contain less than 2,500 square feet.
(4)
Site plan approval (see section 14.02.036) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district.
(5)
Management responsibilities:
(A)
The person(s) to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(B)
The park management shall notify park occupants of all applicable provisions of this chapter, and shall inform them of their duties and responsibilities under this chapter.
(C)
The park management shall supervise the placement of each mobile home on its mobile home lot, including securing its stability and installing all utility connections.
(D)
The park management shall maintain a register containing the following information:
(i)
Name and address of each occupant;
(ii)
The make, model, year, name of owner, license number, and state issuing such license of all automobiles, vehicles, mobile homes and travel trailers; and
(iii)
The date of arrival and date of departure of each mobile home or travel trailer.
(E)
The park management shall keep the register available for inspection at all times by law enforcement officers, public health officials, and any other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of two years following date of registration.
(F)
The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.
(6)
Other regulations.
As established in sections 14.02.121 through 14.02.127 and chapter 19 [sic] of the city code.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.069 O - Office district.
(a)
General purpose and description.
The O, Office, district is established to create a flexible district for low intensity office and professional uses. The district can be used as a transition district between more intense uses and residential uses. Permitted uses should be compatible with adjacent residential areas by limiting heights to two stories, and by utilizing buffering and landscaping requirements. Adaptive reuse of existing structures is encouraged. Buildings in this district should be compatible and in similar scale with residential uses and adjacent property.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Accessory uses to the main use.
(3)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height (see also subsection (d)(2)(D) below):
(A)
Two stories or 35' for the main building(s) whichever is greater.
(B)
One story for accessory buildings.
(C)
Other (see section 14.02.124).
(d)
Area regulations:
(1)
Size of lots:
(A)
Minimum lot size: 5,000 square feet.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100.
(2)
Size of yards:
(A)
Minimum front yard: 25'; all yards adjacent to a street shall be considered a front yard.
(B)
Minimum side yard: 15'; 25' adjacent to a public street or residential lot.
(C)
Minimum rear yard: 25'.
(D)
Adjacent to a single-family district: The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a 60' setback if the office use is over one story in height.
(e)
Special district requirements:
(1)
Open storage is prohibited.
(2)
Site plan review:
Review and approval of a site plan (in accordance with section 14.02.036) shall be required for any tract/lot within the O district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.
(3)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling or nonresidential purposes.
(4)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.070 R - Retail district.
(a)
General purpose and description.
The R, Retail, district is established to provide areas for neighborhood, local and regional shopping and service facilities for the retail sales of goods and services. The R district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height (see also subsection (d)(2)(E) below):
(A)
Two stories or 35' for the main building(s) whichever is greater.
(B)
One story for accessory buildings.
(C)
Other (section 14.02.124).
(d)
Area regulations:
(1)
Size of lot:
(A)
Minimum lot area: 5,000 square feet.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100'.
(2)
Size of yards:
(A)
Minimum front yard: 25'; all yards adjacent to a street shall be considered a front yard.
(B)
Minimum side yard: 25'; 25' adjacent to a public street or residential lot.
(C)
Interior side yards: When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the city's building code.
(D)
Minimum rear yard: 25'.
(E)
Adjacent to a single-family district: The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a 60' setback if the retail use is over one story in height.
(e)
Special requirements:
(1)
Site plan review:
Review and approval of a site plan (in accordance with section 14.02.036) shall be required for any tract/lot within the R district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.
(2)
Open storage is limited to a maximum of 10% of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of section 14.02.123(b) (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display below).
(3)
Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
(A)
Shall be placed/located on the same lot as the primary use.
(B)
Shall not occupy any of the parking spaces that are required by this chapter for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
(C)
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either onsite or offsite, in any way.
(D)
Shall not extend into public right-of-way or onto adjacent property.
(E)
All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).
(F)
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
(G)
Exceptions to the above restrictions on outside display of merchandise: Businesses whose primary inventory is typically displayed in an outside manner including, but not limited to, auto/boat dealers, lumber yards, plant nurseries, swimming pool/spa contractors, portable building sales lots, etc.
(4)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling or nonresidential purposes.
(5)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.071 CBD - Central Business District.
(a)
General purpose and description.
The development standards in the CBD, Central Business District, are designed to maintain and encourage development and redevelopment within the central business section (old downtown) of the city. Standards for the district are generally intended to regulate development such that new structures look similar to existing ones within this section of the city. They are also intended to preserve and enhance the image, character and unique qualities of the city's historic original business district.
(b)
Permitted uses:
(1)
Uses permitted in the CBD district are outlined in section 14.02.091 (use charts).
(2)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Area regulations:
(1)
Size of yards:
(A)
Minimum front yard: None specified.
(B)
Minimum side yard: None specified.
(C)
Minimum rear yard: None specified.
(2)
Size of lot:
(A)
Minimum lot area: None specified.
(B)
Minimum lot width: None specified.
(C)
Minimum lot depth: None specified.
(3)
Height regulations:
(A)
Maximum height:
(i)
Two stories or 35' for the main building whichever is greater.
(ii)
One story for accessory buildings.
(iii)
Other (section 14.02.124).
(4)
Maximum lot coverage:
None specified.
(5)
Parking regulations:
(A)
For existing structures/uses (in existence prior to the effective date of this chapter): Any existing parking, or lack of same, for any existing structure/use within the CBD district shall be considered a conforming parking arrangement. Additional parking, in accordance with Section 14.02.121 shall only be required for additions to an existing building or for significant expansion of an existing use (as determined by the city manager, or his/her designee). In the event of destruction of an existing structure within the CBD district, said structure may be rebuilt to its pre-destruction size with no requirements for additional parking provided that reconstruction commences (i.e., a building permit is applied for and issued) within one year of the date of destruction. If reconstruction does not commence within the one-year time frame, or if the structure is rebuilt to exceed its pre-destruction size, then the structure's nonconforming parking status is deemed to expire and any reconstruction of the structure must provide additional parking in accordance with this chapter.
(B)
For new structures/uses: One space per 250 square feet of gross floor area, and each use shall provide a minimum of two spaces. For any use which cannot provide off-street parking due to the size or location of the lot, such parking may be provided on other property not more than 1,000 feet from the site, in accordance with section 14.02.121 of this chapter. In cases where the parking requirement cannot be achieved, up to 75% of the parking requirement may be waived by the city council on the site plan.
(d)
Special requirements:
(1)
Site plan review:
Review and approval of a site plan (in accordance with section 14.02.036) shall be required for site redevelopment or the construction of any new structure within the CBD district.
(2)
For site redevelopment or new construction, building facade (i.e., elevation) plans shall be submitted for review and approval along with the site plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the road(s) upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. Architectural style and scale of new/renovated buildings within the CBD district shall be compatible with the styles and scale of other adjacent buildings, and shall be historically accurate to the greatest extent possible in order to preserve the unique character of the downtown area.
The city manager (or his/her designee) may, as he/she deems appropriate, require submission of additional information and materials (possibly actual samples of materials to be used) during the site plan review process.
(3)
Design standards for the CBD district:
(A)
False fronts or parapets may be added to existing buildings in order to add character and detail to simple facades.
(B)
Predominant exterior finish colors shall be of fired brick, similar to that which is present on adjacent existing buildings (other masonry materials may also be considered during site plan review). Trim (i.e., lintels, sills, door jambs, cornices and other similar items) shall be brick, cast stone, stone, cast or wrought iron, or concrete, and colors shall be complementary to the predominant facade colors. Accent colors for friezes, doors and door frames, window frames and mullions, signage, awnings, mouldings and other similar features shall be colors that are complementary to, and compatible with, the spirit and intent of the downtown streetscape (bright or fluorescent colors which were not typically used in early Texas downtowns shall not be used).
(C)
Reflective glass shall not be used for windows; detailing for windows, doors and other openings shall be of wood, glass or a metal material that is complementary to the period or building style.
(D)
Awnings/canopies:
(i)
Ratios.
Awnings shall be at an appropriate scale to the building size and configuration. They shall not extend above the roof line of any single-story structure, or above the top of the second floor of any multi-story structure at the awnings' highest points. Awnings shall not completely obstruct any windows on the building.
(ii)
Projection.
Since awnings must extend beyond the building face, a reasonable amount of projection shall be allowed. No awning shall extend no closer than one foot to the back of the curb outward from the building face/surface.
(iii)
Colors and materials.
A mixture of colors is recommended, but no more than three different colors shall be used for awnings on a single building facade (excluding business logo, which may have more colors). Materials shall be of cloth or canvas, or another material which is complementary to the period or building style (metal or plastic shall be prohibited).
(iv)
Movement.
Except for slight movements that are normal for fabric canopies (i.e., along fringe, etc.), no movement shall be allowed for awnings and canopy structures.
(4)
Open storage is prohibited in the CBD district.
(5)
Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
(A)
Shall not be placed/located more than twelve feet from the main building.
(B)
Shall not occupy any on-street or off-street parking spaces.
(C)
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way (i.e., sidewalk sales cannot block the sidewalk or extend out into the street).
(D)
Shall only be located in front of the property/business which is selling the item(s).
(E)
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
(F)
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
(6)
Work/live unit requirements:
(A)
Work/live units are permitted only in the Central Business District zoning.
(B)
Any commercial use permitted in the zoning district applicable to the property is permitted in the work/live unit.
(C)
Sole residential use is not permitted.
(D)
Any building side facing a street must be for business use only.
(E)
Residential uses must meet all applicable building codes as adopted by the city.
(F)
The minimum floor area per dwelling unit: 250 square feet. No more than one occupant per 150 square feet.
(G)
Residential living spaces must have adequate fire exits.
(H)
The business use must be primary to the use of the work/live space. If the business use ceases, the residential use must cease at the same time.
(I)
Provide a minimum of one parking space for each work/live space. Provide a parking space for each vehicle of all license drivers occupying the work/live space. Required parking must not be in front of any business and must not reduce available business use parking.
At least one resident in each work/live unit shall maintain a valid business license and be permitted for the business on the premises in the CBD. The provided live use spaces must be designated and approved as a part of the building permit process.
(7)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003; Ordinance 1165 adopted 11/4/2014)
§ 14.02.072 C - Commercial District.
(a)
General purpose and description.
The C, Commercial, district is intended to provide a location for commercial and service-related establishments, such as wholesale product sales, welding/contractors shops, automotive repair services, upholstery shops, and other similar commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see section 14.02.123). The uses envisioned for the district will typically utilize smaller sites and have operation characteristics which are not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets is also a primary consideration.
(b)
Permitted uses:
(1)
Those uses specified in section 14.02.091 (use charts).
(2)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height:
(A)
Three stories or 45' for the main building whichever is greater.
(B)
One story for accessory buildings.
(C)
Other (section 14.02.124).
(d)
Area regulations:
(1)
Size of lot.
(A)
Minimum lot area: 5,000 square feet.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100'.
(2)
Size of yards:
(A)
Minimum front yard: 25'; all yards adjacent to a street shall be considered a front yard.
(B)
Minimum side yard: 25'; 25' adjacent to a public street or residential lot
(C)
Interior side yards: When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the city's building code.
(D)
Minimum rear yard: 25'.
(E)
Adjacent to a single-family district: The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a 60' setback if the retail use is over one story in height.
(e)
Special requirements:
(1)
Site plan review:
Review and approval of a site plan (in accordance with section 14.02.036) shall be required for any tract/lot within the C district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.
(2)
No permanent use of temporary buildings.
(3)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.073 I - Industrial district.
(a)
General purpose and description.
The I, Industrial, district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation.
(b)
Permitted uses:
(1)
The following uses are permitted in the Industrial district, provided that such light manufacturing or industrial operations shall not disseminate dust, fumes, gas, noxious odor, smoke, glare or other atmospheric influence beyond the boundaries of the property upon which such use is located, and which produces no noise exceeding the average intensity of noise of street traffic, as further defined by the performance standards (section 14.02.127), at that point, and provided that such use does not create fire or safety hazards on surrounding property.
(A)
Those uses specified in section 14.02.091 (use charts).
(B)
Industrial, fabrication and manufacturing plants, including the assembling of prefabricated parts for the production of finished equipment, where the process of manufacturing or treatment of materials is such that no dust, odors, fumes, gas, smoke, glare, vibration or noise is emitted beyond the property line (see section 14.02.123 for screening requirements).
(C)
Uses of a light manufacturing type nature, employing electricity and/or other unobjectionable mode of power and which does not produce any objectionable dust, odors, fumes, gas, smoke, glare, vibration or noise.
(D)
Such uses as may be allowed by specific use provisions, section 14.02.075.
(c)
Height regulations:
(1)
Maximum height:
(A)
Occupied structures/buildings: Three stories or 45', but limited to a maximum height of 35' on any portion of the site that is within 200' of any residentially zoned property and a maximum height of one story within 60' of residential.
(B)
Unoccupied structures (e.g., private grain silos, private water towers/utility structures, communications antennae, etc.): 60'; where any structure over 35' in height is to be constructed on a site that is adjacent (or in close proximity) to a residential zoning district, additional setback (i.e., front, side, rear yard) distance must be provided from the residential zoning district boundary line of one additional foot for each foot that such structures exceed 35'. (Also see section 14.02.124 for communications antennae and support structures/towers.)
(C)
One story for accessory buildings.
(D)
Other (section 14.02.124).
(d)
Area regulations:
(1)
Size of lot.
(A)
Minimum lot area: 5,000 square feet.
(B)
Minimum lot width: 50'.
(C)
Minimum lot depth: 100'.
(2)
Size of yards.
(A)
Minimum front yard: 50'; all yards adjacent to a street shall be considered a front yard.
(B)
Minimum side yard: 25'.
(C)
Minimum rear yard: 25'.
(D)
Adjacent to a residential district: The side or rear setback, whichever is adjacent to a residential zoning district, shall observe a 60' setback for any occupied building that is over one story in height, and a 200' setback for occupied buildings over two stories or 35' in height.
(e)
Special requirements:
(1)
Site plan review:
Review and approval of a site plan (in accordance with section 14.02.036) shall be required for any tract/lot within the I district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the city.
(2)
Recreational vehicles, travel trailers or motor homes may not be used for permanent on-site dwelling or nonresidential purposes.
(3)
No permanent use of temporary buildings.
(4)
Other regulations:
As established in sections 14.02.121 through 14.02.127.
(Ordinance 933 adopted 5/7/2003)
§ 14.02.074 PD - Planned development overlay district.
(a)
General purpose and description.
(1)
The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a Planned Development overlay district.
(2)
The Planned Development (PD) district is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options (e.g., single-family, multifamily, duplex, etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
(b)
Permitted uses:
(1)
An application for a PD district shall specify a base zoning district upon which the PD is overlayed, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those proposed for the PD. PD designations shall not be attached to SUP requirements. Specific use provisions allowed in a base zoning district are allowed in a PD only if specifically identified at the time of PD approval, and if specifically cited as an "additional use" (i.e., to those allowed by right in the base zoning district) in the ordinance establishing the PD.
(2)
Uses which are not permitted in the base zoning districts which are to be permitted in the PD shall be specifically stated. Uses which are permitted in the base zoning district and will not be permitted in the PD shall also be specified.
(c)
Planned development requirements:
(1)
Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the city council and planning and zoning commission may deem appropriate.
(2)
In the overlay PD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance. All applications to the city shall list all requested deviations from the standard requirements set forth throughout this chapter (applications without this list will be considered incomplete). The Planned Development district shall conform to all other regulations of the base zoning district, as well as all other sections of the Zoning Ordinance, unless specifically changed or excluded in the ordinance establishing the PD.
(3)
The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and general statement citing the reason for the PD request.
(4)
The minimum acreage for a planned development request shall be two acres.
(d)
In establishing a Planned Development district in accordance with this section, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan for a proposed nonresidential, multifamily, manufactured home, or residential (i.e., single- or two-family) project shall be required along with the PD zoning application. A detailed site plan (or a preliminary plat in the case of a residential PD; see the subdivision ordinance for submission requirements) may be submitted in lieu of the concept plan if the applicant prefers to do so, and if the applicant wishes to expend the resources/funds necessary to prepare a complete detailed site plan (or preliminary plat) submission (i.e., detailed engineering plans, etc.; see section 14.02.036).
(1)
Concept plan.
This plan shall be submitted by the applicant at the time of the PD request (for exceptions, see section 26.5(D) [sic]). The plan shall show the applicant's intent for the use of the land within the proposed Planned Development district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The city may prepare application form(s) which further describe and explain the following requirements:
(A)
Residential concept plan.
A residential concept plan (a preliminary plat may serve as the residential concept plan; see the subdivision ordinance for submission requirements) shall be submitted with any residential PD zoning request for a development comprised of single-family (detached or attached) or two-family (duplex) dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data.
(B)
Nonresidential or multifamily concept plan.
A concept plan shall be submitted with any nonresidential, multifamily, or manufactured home PD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The concept plan shall show the types of use(s) proposed; access, topography and boundaries of the PD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.
(i)
A detailed site plan (i.e., development plan) shall be submitted for approval (in accordance with subsection (d)(2) below, and with section 14.02.036 of this chapter) within one year from the approval date of the concept plan for all or some portion/lot of the Planned Development covered by the overall concept plan. If a detailed site plan is not submitted within one year, then the concept plan will be deemed to be expired. A new concept plan (along with a zoning application to amend the PD ordinance and its accompanying concept plan) must be submitted for review and approval prior to detailed site plan review/approval (and any subsequent issuance of a building permit) for any portion of the PD district.
(2)
Site plan (development plan).
Submission and approval of the detailed site plan shall be in accordance with section 14.02.036 of this chapter, and shall accompany an application for Planned Development zoning if the applicant prefers to submit the detailed site plan in lieu of the required concept plan. The detailed site plan will establish the final plans for development of the Planned Development district (or any portion/lot thereof), and it shall substantially conform to the site layout and development data approved on the concept plan (adopted along with the PD ordinance). If a concept plan was previously approved for the overall PD district, then a detailed site plan (along with the required engineering/architectural site construction plans) may be submitted for only the sections/lots that are proposed for immediate development rather than for the entire PD. If no concept plan was approved with the ordinance establishing the PD, then a detailed site plan (along with the required engineering/architectural site construction plans) must be submitted for the entire PD, even though only portions of it are proposed for immediate development. For any single- or two-family residential district, a preliminary plat shall qualify as the detailed site plan (development plan).
(3)
If any portion of the site plan has not been issued a building permit within one year following approval, then the entire site plan shall be deemed expired and shall be null and void. Prior to issuance of another building permit, a new site plan must be submitted for approval which is in conformance with regulations and requirements that are in effect at the time of submittal.
(e)
Approval process and procedure:
(1)
The procedure for establishing a Planned Development zoning district shall follow the procedures for zoning amendments as set forth in section 14.02.034 of this chapter. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan or the detailed site plan (or preliminary plat for a residential PD) which is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying concept plan or detailed site plan/preliminary plat.
(2)
The ordinance establishing the Planned Development zoning district shall not be approved (or adopted) until the accompanying concept plan or detailed site plan/preliminary plat is approved by the city council, and until all other procedural requirements set forth in section 14.02.034 are satisfied.
(f)
All Planned Development zoning districts approved in accordance with the provisions of this chapter in its original form, or by subsequent amendments thereto, shall be prefixed by a "PD" designation and assigned a unique identification number (e.g., PD-1, PD-2, and so on), and shall also be referenced on the zoning district map. A list of such Planned Development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this chapter (See section 14.02.181).
(Ordinance 933 adopted 5/7/2003)
§ 14.02.075 Sup - specific use provisions.
(a)
Specific uses.
(1)
The purpose of this overlay district is to allow certain uses within base zoning districts that, under most circumstances, would not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible.
(2)
The city council by an affirmative vote may, after public hearing and proper notice (in accordance with the procedures set forth in section 14.02.034) to all parties affected, and after recommendations from the planning and zoning commission that the uses are in general conformance with the intent of the comprehensive plan and with general objectives of the city, and containing such requirements and safeguards as are necessary to protect adjoining property, authorize certain uses by a specific use provision (SUP). As a zoning action, issuance of an SUP shall only apply to real property (i.e., shall not be attached to any person, business entity, etc.), shall not be transferred from one property to another (i.e., shall not move if a business operation relocates), and shall not expire without proper zoning action to rescind the SUP (i.e., change the zoning to remove the SUP, with appropriate public notification, public hearing, etc.).
(3)
A zoning application for an SUP shall be accompanied by a metes and bounds description and a survey (i.e., drawing) exhibit showing the property for which the SUP is being requested, and by a site plan (see section 14.02.036) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be allowed; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200'. The city shall make available application forms specifying drawing requirements. The city manager (or his/her designee), planning and zoning commission or city council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed. The site plan shall be reviewed and approved along with the SUP zoning application, and in accordance with section 14.02.036 of this chapter.
(b)
Specific use provision regulations:
(1)
In recommending that a specific use provision for the premises under consideration be granted, the city shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening and open space, heights of structures, and compatibility of buildings. In approving a requested SUP, the planning and zoning commission and city council may consider any or all of the following:
(A)
The use is harmonious and compatible with surrounding existing uses or proposed uses;
(B)
The activities requested by the applicant are normally associated with the permitted uses in the base district;
(C)
The nature of the use is reasonable;
(D)
Any negative impact on the surrounding area has been mitigated; and/or
(E)
That any additional conditions specified ensure that the intent of the district purposes are being upheld.
(2)
In granting a specific use provision, the planning and zoning commission and city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building official, or his/her designee, for use of the building on such property pursuant to such specific use provision and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the city council prior to issuance of the certificate of occupancy, and shall be incorporated into the amending ordinance establishing the SUP.
(3)
No specific use provision shall be granted unless the applicant, owner and grantee of the specific use provision shall be willing to accept and agree to be bound by and comply with the written requirements or conditions of the specific use provision, as incorporated into the amending ordinance establishing the SUP, and as reviewed by the planning and zoning commission and approved by the city council.
(4)
A building permit or certificate of occupancy shall be applied for (following site plan approval) and secured within one year from the time of granting the specific use provision, provided however, that the city council may authorize an extension of up to one additional year. After the one-year period (and the extension, if such has been granted by city council) has elapsed, the SUP's site plan shall be deemed to be expired. The applicant/property owner(s) must then submit a new site plan for approval prior to any construction or to application for a building permit for the area designated for the specific use provision. The new site plan must be resubmitted for review and approval in accordance with section 14.02.036 of this chapter.
(5)
No building, premises, or land used under a specific use provision may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended specific use provision is granted for such enlargement, modification, structural alteration, or change.
Only minor changes or alterations to the building itself (i.e., those that do not involve the addition of land area covered by the SUP or modification of any special stipulations adopted in the ordinance granting the SUP, either of which must be done using the procedures outlined in section 14.02.034) may be approved by the city manager, or his/her designee.
(6)
The zoning board of adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any specific use provision.
(7)
When the city council authorizes granting of a specific use provision, the zoning district map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by a "SUP," or "S" designation followed by the identification number assigned to that particular SUP (e.g., S-1, S-2, S-3, and so on). A list of all issued SUPs, showing the uses permitted and any other special stipulations of each SUP, shall be maintained as part of this chapter.
(c)
Use regulations.
Uses allowed by SUP are specified in section 14.02.091 (use charts).
(d)
Prior sup ordinances remaining in effect.
Prior to adoption of this chapter, the city council had established various Specific Use Permits (SUPs), some of which are to be continued in full force and effect. The permits or parts of permits approved prior to this chapter, and specified in section 14.02.182, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective specific use provisions shown on the zoning district map as of the effective date of this chapter. Each prior SUP ordinance is hereby assigned a unique identification number (e.g., S-1, S-2, S-3, and so on) as shown in section 14.02.182, and subsequent SUP ordinances adopted after the effective date of this chapter shall be similarly numbered for identification purposes.
(e)
Exceptions. (Reserved)
(Ordinance 933 adopted 5/7/2003)