Development of a zero lot line dwelling shall occur only on a lot that has been specifically platted in accordance with the provisions of the Brownfield Subdivision Ordinance to accommodate such a use.

See Section 303(E).

Where 35% or more of a block face between intersecting streets is developed with buildings which have observed, with a variation of five feet or less, a front yard greater or lesser than required by this Section, new buildings shall not be erected closer to the street right-of-way than the building line so established by those existing buildings. This regulation shall not be interpreted as requiring a minimum front yard of more than 50 feet.

Where a building line is shown on a plat recorded with the Terry County Clerk, and such building line provides a front yard and/or side yard greater than required by this Section and is part of a comprehensive plan for orderly development of a subdivision with either a uniform or staggered building line, no building shall be located more than 5 feet closer to the street right-of-way than the building line established on the plat, as long as other minimum setback standards of this Section are met.

For all uses in residential districts and for residential uses in any district, on a corner lot where another lot abutting the rear of that corner fronts onto a side street, there shall be a front yard required on all street side boundaries of that corner lot. The minimum front yard required along street side boundaries (of such corner lots) shall be equal to that minimally required on the interior lot which immediately adjoins each respective required front yard on the corner lot. For the purpose of this subsection, any separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall cause nearby lots to not be abutting.

The principal buildings shall conform to all of the open space, parking and density requirements applicable to the district where they are located.

The Building Inspector shall review such projects to ensure an appropriate arrangement of buildings is proposed. Such review shall be subject to appeal to the Zoning Board of Adjustment.

Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this Section.

Waste generated on site and deposited in ordinary refuse containers shall not be subject to the restrictions of this Section.

Areas enclosed by solid, opaque walls on at least three sides and covered by a solid, opaque roof shall not be considered outdoor.

Unless specifically authorized elsewhere in the City’s Code of Ordinances, all outdoor storage and display shall be located outside the public right-of-way and/or at least 15 feet from the back edge of the adjacent curb or street pavement.

No outdoor storage or display shall be allowed in required side yards.

If a Planned Development District ordinance does not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the Building Inspector. See the Table below.

In the case of differences between requirements of a Planned Development District specifically set forth in a particular PD District ordinance and the listed districts in the Table above, the PD District ordinance requirements shall apply.

In cases where the Building Inspector and applicant cannot reach agreement regarding the site plan’s conformance with the concept plan or written standards in a PD District ordinance, then the site plan shall be processed as a major site plan by the Planning Commission according to the procedures contained in Sec. 209: Planned Development Review.

Setback, landscaping, signage, and off-street parking standards which are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.

Utility and street standards as established in the City’s Land Development and Subdivision Ordinance. Street paving widths may be reduced, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.

Drainage standards as required by the Director of Public Works.

All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.

If in the opinion of the Planning Commission, adequate access for safety vehicles, and emergency ingress and egress by other vehicles, is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the Planning Commission. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.

Internal circulation, with approval of the Planning Commission, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the City. A written agreement between the City and the legal entity shall be provided allowing vehicles and personnel of the City when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the City to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner or owners of the obstruction.

Where private streets are planned, the Planning Commission may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the Planning Commission deems necessary.

In any planned development in which the provisions of this Zoning Ordinance and the City’s subdivision regulations are in conflict, the Planning Commission, with recommendation from the Building Inspector, shall make the decision as to which shall prevail.

A Planned Industrial Park ordinance shall establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc.

Required development standards are set forth in the following Table.

In the case of differences between requirements of a particular Planned Industrial Park ordinance and the standards in the Table above, the Planned Industrial Park ordinance requirements shall apply.

Setback, landscaping, signage, and off-street parking standards that are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.

Utility and street standards as established in the City’s Land Development and Subdivision Ordinance. Street paving widths may be reduced, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.

Drainage standards as required by the Director of Public Works.

All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.

If in the opinion of the Planning Commission, adequate access for safety vehicles, and emergency ingress and egress by other vehicles, is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the Planning Commission. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.

Internal circulation, with approval of the Planning Commission, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the City. A written agreement between the City and the legal entity shall be provided allowing vehicles and personnel of the City when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the City to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner or owners of the obstruction.

Where private streets are planned, the Planning Commission may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the Planning Commission deems necessary.

In any planned industrial park in which the provisions of this Zoning Ordinance and the City’s subdivision regulations are in conflict, the Planning Commission, with recommendation from the Building Inspector, shall make the decision as to which shall prevail.

No building or structure shall be erected, constructed, reconstructed, structurally altered, enlarged or moved within the limits of any restricted zone as set forth and designated by the Airport Zoning Regulations of the City’s Code of Ordinances, so that its height, including all superstructures and appurtenances, will constitute a hazard to the safe landing and take-off of aircraft using the landing area of the airport to which the approach area is appurtenant.

The regulations referred to in this Section shall be in addition to any other regulations of this Zoning Ordinance establishing building height limits.

Where there is a question regarding the site-specific height allowed under this section, a determination shall be made by the Brownfield-Terry County Airport Zoning Board after consultation with the appropriate aeronautical authorities.

A privacy fence shall be required where the side or rear lot line of a nonresidential use is adjacent to either of the following.

This requirement shall not apply when an equivalent fence already exists.

Properties immediately across a body of water, transportation, drainage or utility right-of-way, street or alley shall be considered adjacent if the intervening body of water, transportation, drainage or utility right-of-way, street or alley, is less than 80 feet wide.

All privacy fences shall meet the visual clearance requirements of Sec. 510 below.

Except in the C-1 District, no Certificate of Occupancy shall be issued for the use of land or a building for residential, commercial, industrial or any other purpose until adequate off-street parking as required in this Section has been provided.

Except in the C-1 District, no Certificate of Occupancy shall be issued to allow a change from one major occupancy category to another (as identified by the Standard Building Code adopted by the City of Brownfield) unless off-street parking in conformity with minimum standards of this Section has been provided. The amount of additional parking shall be limited to the required parking calculated for the new use minus any required parking calculated for any previous use of the building before off-street parking standards were implemented on March 23, 1954, whether or not adequate parking actually existed for such previous use.

When calculation of required off-street parking results in the requirement for a fractional space, any fraction up to and including 1/2 shall be disregarded in the calculation, and fractions over 1/2 shall require one additional off-street parking space.

In the case of a use not specifically listed in the table above, the Building Inspector shall determine a use on the table that is substantially similar to that proposed, and apply the accompanying off-street parking requirement.

No part of required off-street parking facilities shall be included as parking required for another structure or use, except as provided in subsection E, below.

In the case of multiple principal uses located on a single lot or tract of land, the total required off-street parking shall equal the sum of the parking required for each of the various uses calculated separately. Except as provided in subsection E below, required off-street parking for one use shall not be considered as required off-street parking for any other use.

For the purpose of computing off-street parking requirements for various retail trade activities, floor area shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.

Where an open surface is consistently used for an activity allowed by the zoning district where it is situated, such open area shall be considered the same as if it were floor area within a building.

In no circumstance shall new construction or installation of any principal building on a lot require any less than 2 off-street parking spaces to be provided in accordance with this Section.

All required off-street parking spaces shall be located on the same lot or tract of land as the building and/or activity they are intended to serve, except as provided below.

The use of remote or off-premises parking shall be allowed to satisfy the requirements of this Section, including shared parking. Such parking shall be located no more than 400 feet from the facility or activity requiring such parking, and a permanent parking easement shall be secured and legally recorded. Remote or off-premises parking shall comply with all of the standards of this Section.

Required off-street parking spaces may be separated by an alley no more than 30 feet wide, from the same lot or tract of land as the building and/or activity, which those off-street parking spaces are intended to serve.

Shared parking spaces must be located within 400 feet of the primary entrance of all uses served, measured along the shortest legal, practical walking route.

A shared parking analysis shall be submitted to the Building Inspector, clearly demonstrating the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of users of the development sharing off-street parking, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. A shared parking analysis found not acceptable by the Building Inspector may be appealed to the Zoning Board of Adjustment.

A shared parking plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Building Inspector for recording. Recording of the agreement must take place before issuance of a building permit for any use to be served by an off-site parking area. A shared parking agreement may be rescinded only if all required off-street parking spaces are otherwise provided in accordance with this Section.

All required off-street parking facilities shall be adequately maintained by the owner in accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street parking use.

The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street parking spaces without establishing alternative parking that meets the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street parking that meet the requirements of this Section.

All areas used for required off-street parking shall be paved, unless specifically exempted by other provisions of this Section.

A curb, wheel stop or other suitable barrier may be required by the Building Inspector to separate off-street parking areas from public rights-of-way for streets.

All off-street parking facilities shall be so graded and drained as to suitably dispose of all surface water accumulated within the area.

Parking shall not be allowed in visual clearance triangles (see Sec. 510).

No open area in a required off-street parking area shall be consistently encroached upon by any other use, including, but not limited to refuse disposal or commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.

For off-street parking spaces accessory to residential uses in R&E districts, where parking spaces are located greater than 50 feet from the lot line adjacent to an existing or proposed driveway approach from the public street, paved parking and a paved connection to the public street right-of-way shall not be required. An all-weather surface may be substituted for the paving requirement.

Minimum required parking width shall be measured perpendicular to the parking angle.

Minimum required parking length shall be measured along a line parallel to the parking angle.

Minimum required maneuvering area shall be measured behind each parking space, perpendicular to the building or parking line.

When off-street parking facilities are located adjacent to a public alley, the unobstructed width of the alley may be assumed to be a portion of the maneuvering space requirement shown above.

Any distinctly separate off-street parking area for two or fewer spaces may utilize public right-of-way for maneuvering. Otherwise, in any district, off-street parking shall not include head-in parking adjacent to a public street wherein the maneuvering is done.

Where off-street parking facilities are provided in excess of the minimum amounts specified, or where off-street parking facilities are provided but not required by this Section, said facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

A minimum of one off-street loading space is required.

For buildings that are occupied by manufacturing, storage, goods display, retail trade, wholesale trade and other similar industrial or commercial uses, one additional space for each additional 40,000 square feet or major fraction thereof shall be required.

For offices, hotels, hospitals, schools and similar institutional uses, one additional space for each additional 60,000 square feet or major fraction thereof shall be required.

All required off-street loading spaces shall be located entirely on the same lot or tract of land as the building they are accessory to.

All required off-street loading spaces shall be located entirely outside of public rights-of-way for streets and alleys.

No open area in a required off-street loading area shall be consistently encroached upon by any other use, including but not limited to refuse disposal, required off-street parking and maneuvering area, or the commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.

In no case shall off-street parking or vehicle stacking spaces required by this Zoning Ordinance be part of the area used to satisfy off-street loading requirements.

Access to required loading spaces shall be provided by nearby alleys and public streets, and preferably by means of exclusive service drives for trucks.

All required off-street loading spaces shall be adequately maintained by the owner, in accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street loading.

The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street loading spaces without establishing alternative loading areas that meet the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street loading space that meet the requirements of this Section.

All areas used for required off-street loading shall be paved in accordance with minimum paving standards of this Zoning Ordinance.

There is no other practical location on the subject property for a carport that would meet the minimum yard requirements established for the particular zoning district in which the subject lot is located.

The proposed carport must be compatible with the neighborhood and will not negatively affect other nearby properties.

The front face of the roof shall be set back at least 10 feet from the front property line, and shall be separated by at least 15 feet from the back of the street curb (or edge of the street pavement if a curb does not exist) and shall not extend more than 18 feet into the minimum front yard required on the subject lot.

The roof edge and vertical structural supports for any carport shall not be located closer than two feet to the side property line.

A maximum of one (1) carport shall be allowed per lot.

The primary purpose, design and utilization of the carport shall be solely for the parking, storage or protection of automobiles or vehicles. Carports may not be designed or utilized for any other purpose including, but not limited to, storage of anything other than an automobile or vehicle.

The minimum clearance required on the sides of any such carport (along that portion which extends into required yards) shall continually remain open and unencumbered by any walls, screening or glazing.

The area underneath any such carport shall continually remain clear of any junk, household trash, yard trash, debris or any and all other objectionable unsightly matter, as generally required by the Official Code of the City of Brownfield.

The carport was completed at that location prior to January 1, 2001.

The carport does not encroach into the public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.

The carport is set back a minimum of 5 feet from the back of a curb bordering pavement in an adjoining street right-of-way or, if a curb does not exist, from the edge of pavement in that adjoining street right-of-way.

The carport is structurally sound, in the opinion of the Building Official.

The carport is substantially open and unencumbered by sidewalls, screening or glazing in any of the minimum front or side yards required by this Zoning Ordinance.

The area underneath any such carport is and remains continually clear of any junk, household trash, yard trash, debris or any and all other objectionable matter.

The carport is accessory to a principal building located on the same lot as that carport, regardless of whether that carport is attached to or detached from the principal building.

Existing carports which encroach into minimum required front or side yards and which were installed before enactment of minimum yard requirements on March 23, 1954 shall be considered legally nonconforming.

Any existing carports which encroach into minimum front or side yards required by this Zoning Ordinance and which were authorized in accordance with a variance or special exception duly approved by the Zoning Board of Adjustment shall also be considered legally nonconforming.

In no case shall this Section be construed to legitimize any carport encroaching into a public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.

When a building permit for a new structure is required, or when a paving permit for a new parking area is required;

When a building permit for the remodeling, renovation, or expansion of an existing structure that increases the gross floor area by 50% or more or a paving permit that increases the number of off street parking spaces by 50% or more is required.

Landscaping shall consist of a combination of two or more of the following types of plant materials including but not limited to planted grass, trees, shrubs, ground cover, and/or other forms of plant material.

Trees with a minimum of 2" caliper (measured one foot above grade) shall be provided and replaced as necessary at the ratio of one (1) tree per fifty (50) linear feet of street frontage, or fraction thereof. However, no tree shall be required where all street frontage is used for driveway entrance. All existing trees of 2" caliper or greater will be counted towards satisfying the requirements of this ordinance, as long as such trees do not endanger safety, health and public welfare. No tree or shrub shall be placed in such a manner as to create a hazard to vehicular traffic. (Refer to Section 510 of Zoning Ordinance for corner lots).

Clearly show the location and size of any buildings or structures;

Clearly show the location of all paved off-street parking areas; and

Clearly show any fencing and the location, size, and description of all landscaping materials to be utilized.