(a)

Purpose of district. The AG district is designed to permit sparsely settled residential development in combination with traditional farming activities. Division of land ordinarily occurs in order to accommodate agricultural needs. Urban-type public improvements normally are not required in this district.

(b)

Permitted uses. Uses in the AG district shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the density, area, yard, height, and lot coverage requirements for the AG zoning district.

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements shall conform to the provisions of article VII of this chapter.

(Ord. No. 04-008, exh. A(app. B(15)), 6-22-2004)

(a)

Purpose. The purpose of the RE Rural Estate District is to provide for compatible land, building, and structure uses primarily oriented to agricultural farming and ranching and low-density residential purposes. The district also serves as a transitional land use element pending future more intensive urbanization; open space for the protection and enhancement of scenic areas, vistas and recreations uses; and where unusual or problematic soils, topographic conditions or sensitive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization. The primary intent of the RE district is a land use designated to aid in the protection of certain lands suitable for producing and supplying food and related agricultural farm and ranch products from more intense urbanization until such time as warranted by demand and supportive community facilities and services.

(b)

Permitted uses. Uses permitted in the RE Rural Estate District shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the RE Rural Estate District shall conform with the provisions provided in the area requirements for the RE zoning district table.

^* d.u. = dwelling unit

(d)

Off-street parking and loading requirements. Off-street parking requirements pertaining to uses allowed in the RE Rural Estate District shall conform to the provisions of article VII of this chapter.

(e)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with article IV of this chapter.

(Ord. No. 04-008, exh. A(app. B(16)), 6-22-2004)

(a)

Purpose. The purpose of the RR Rural Residential District is to provide for compatible land, building, and structure uses primarily oriented to agricultural farming and ranching and low-density residential purposes. The district also serves as a transitional land use element pending future more intensive urbanization; open space for the protection and enhancement of scenic areas, vistas and recreations uses; and where unusual or problematic soils, topographic conditions or sensitive ecological features are present that would normally not be conducive or appropriate to more intensive forms and patterns of urbanization. The primary intent of the RR district is a land use designated to aid in the protection of certain lands suitable for producing and supplying food and related agricultural farm and ranch products from more intense urbanization until such time as warranted by demand and supportive community facilities and services.

(b)

Permitted uses. Uses permitted in the RR Rural Residential District shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the RR Rural Residential District shall conform with the provisions provided in the area requirements for the RR Zoning District table.

^* d.u. = dwelling unit

(d)

Off-street parking and loading requirements. Off-street parking requirements pertaining to uses allowed in the RR Rural Residential District shall conform to the provisions of article VII of this chapter.

(e)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with article IV of this chapter.

(Ord. No. 04-008, exh. A(app. B(17)), 6-22-2004)

(a)

Purpose. The purpose of the R12 Single-Family Residential District is to provide for compatible land, building, and structure uses primarily oriented to low-density residential estate purposes, select agricultural uses, and open space uses. The R12 district is intended to serve as a transitional element between agricultural activities and those of higher density development. Low density detached, single-family residential dwellings and estate development, along with limited agricultural uses, comprise the principal elements of the R12 district.

(b)

Permitted uses. Uses permitted in the R12 Single-Family Residential District shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the R12 district, shall conform with the provisions provided in the area requirements for the R12 zoning district table.

^* d.u. = dwelling unit

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements pertaining to uses allowed in the R12 district shall conform to the provisions of article VII of this chapter.

(e)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with article IV of this chapter.

(Ord. No. 04-008, exh. A(app. B(18)), 6-22-2004)

(a)

Purpose. The purpose of the R7 Single-Family Residential District is to provide for compatible land, building, and structure uses primarily oriented to low-density residential purposes and open space uses. It is the intent to use the R7 district recognize the existence of small lot conventional single-family development which presently exists in the city.

(b)

Permitted uses. Uses permitted in the R7 district shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the R7 district, shall conform with the provisions provided in the area requirements for the R7 zoning district table.

^* d.u. = dwelling unit

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements pertaining to uses allowed in the R7 district shall conform to the provisions of article VII of this chapter.

(e)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with article IV of this chapter.

(f)

Landscaping. Landscaping shall be in compliance with city landscape regulations.

(Ord. No. 04-008, exh. A(app. B(19)), 6-22-2004)

(a)

Purpose. The purpose of the MF Multifamily Residential District is to provide for compatible land, building, and structure uses primarily oriented to high-density multifamily residential purposes, open space uses, and associated uses. The MF district is intended to serve as a transitional element between lower density and more intense nonresidential land uses and is most appropriately located near the intersections of major thoroughfares. Apartment buildings and condominiums comprise the principal elements of the MF district.

(b)

Permitted uses. Uses permitted in the MF multifamily district shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the MF district, shall conform with the provisions provided in the area requirements for the MF zoning district table.

^* d.u. = dwelling unit

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements pertaining to uses allowed in the MF district shall conform to the provisions of article VII of this chapter. In addition, the following shall apply:

(1)

All parking shall meet the requirements of the Americans with Disabilities Act (ADA). Parking areas shall be paved with concrete and graded to drain appropriately.

(2)

Parking of recreational vehicles of any type shall be prohibited in the multifamily area.

(3)

Semi-tractor trucks are prohibited from parking overnight.

(4)

Open carports in a street yard are not permitted. All vehicle parking located in any street yard shall be fully enclosed, with an architecturally compatible design.

(5)

50 percent of parking must be located in a garage with direct access to the related dwelling unit.

(6)

All required parking shall be covered parking and shall be architecturally compatible with the main structures in the project.

(7)

A minimum of ten percent of all required parking shall be designated as guest parking and shall be clearly marked as reserved for guests and shall be in an area providing guest with unrestricted access to the guest parking spaces.

(8)

Garages shall be designed with a minimum parking space measuring 12 feet by 20 feet in size with a minimum ten-foot door width.

(9)

Runs of parking spaces shall be limited to a maximum of 12 spaces without a landscaped island. However, up to 16 spaces may be permitted in situations where it is required to save existing trees.

(e)

Architectural features. Varied roof lines and heights shall be used to reduce the appearance of the mass of buildings which exceed two stories in height.

(1)

Techniques, such as varied setbacks, bay windows, balconies, and changes in material, color and texture, shall be used to articulate facades and side wall elevations. Where rear walls are visible from a public street, similar techniques shall be used.

(2)

Flat roof design is prohibited. Gabled roofs or hipped roofs shall have a minimum pitch of 5:12.

(3)

Each structure shall contain a transparent glass window or windows with an aggregate area of at least 20 percent of the front facade of that unit.

(4)

All units shall have a minimum of nine-foot ceilings in the living areas, not including closets and storage spaces.

(f)

Privacy. Privacy features between buildings shall include the following:

(1)

Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into adjacent units within the project.

(2)

Units above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property.

(3)

Landscaping shall be used to aid in privacy screening.

(g)

Exterior fire-resistant construction. Exterior fire-resistant construction shall be required on all residential building structures hereafter constructed, erected, reconstructed, enlarged or moved onto any lot or parcel within the city. Exterior fire resistant construction shall mean and consist of a minimum of 75 percent of the total ground floor exterior wall surface (exclusive of opening for light, ventilation and access) of residential building structures to be of brick, stone or combination thereof, or of an equivalent masonry material as approved by the zoning board of adjustments; and further provided no single ground floor wall face of any residential building structure shall contain less than 75 percent of its exposed surface of exterior fire resistant construction material.

(h)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with article IV of this chapter.

(i)

Required open space.

(1)

The minimum amount of required open space for any multifamily lot shall be 20 percent of the area of the lot, net of floodplain and adjacent right-of-way. Each ground level dwelling unit shall be provided with one useable open space adjacent to the unit.

(2)

A portion of the open space will be improved for the recreational use of the residents. Such improvements shall include, but may not be limited to, jogging trails, picnic areas, children's play areas, and athletic courts. Configuration of the recreational area shall be subject to site plan approval. The improved recreational area will be maintained by a property management or the owner of the multifamily property.

(j)

Entry feature. A main entrance feature, which may consist of a combination of landscaping, aesthetic features such as rocks, sculptures, and water, and street pavers, shall be provided. The entrance feature shall be consistent with the basic architectural theme of the development.

(k)

Trash receptacles. There shall be one centralized trash collection point serving each multifamily development.

(1)

No trash collection point shall be located within 100 feet of a property line.

(2)

The centralized trash collection point shall not be located in any street yard.

(3)

All trash receptacles shall be screened with a masonry wall of similar material as the main structure, with appropriate landscaping on three sides and shall have a screening gate which shall remain closed except when being serviced.

(l)

Traffic. A traffic impact analysis, prepared by a qualified traffic engineer, must accompany the site plan. However, the traffic impact analysis requirement may be excluded from the site plan if the city engineer determines that the analysis is not necessary for the multifamily development.

(m)

Miscellaneous multifamily residence provisions. All private balconies shall have lockable, enclosed storage areas. A concrete or masonry wall of not greater than eight feet in height may be erected in the front yard. The wall shall not be less than 50 percent open construction.

(Ord. No. 04-008, exh. A(app. B(20)), 6-22-2004)

(a)

Purpose. The purpose of the MH HUD Code Manufactured Housing Residential District is to provide adequate space and restrictions for the placement of HUD code manufactured homes in the city within designated subdivisions. This does not include mobile homes as defined in this chapter. The MH district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the MH district. It is the intent of the MH district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.

(b)

Development parameters generally. Land within the MH district will be developed as a HUD code manufactured home subdivision. Lots within the MH district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the city council. All roadways within a HUD code manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the city. Land zoned M which is not developed as a HUD code manufactured home subdivision may be developed in accordance with R12 zoning district regulations. In the MH district, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in this chapter.

(c)

Permitted uses. Uses permitted within the MH manufactured housing district shall be in accordance with section 30-32.

(d)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the MH district, shall conform with the provisions provided in the area requirements for the MH zoning district table.

^* d.u. = dwelling unit

(e)

Development and installation regulations. Any property developed within the MH district as a HUD code manufactured home or as a manufactured housing subdivision shall meet the following requirements:

(1)

HUD code manufactured homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer's specifications.

(2)

HUD code manufactured homes must have a minimum of an eighteen-inch crawlspace under all homes.

(3)

A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited.

(4)

Each HUD code manufactured home site shall have a slab or patio not less than 20 feet in length and six feet in width, comprised of concrete, flagstone, or similar substance installed adjacent to each site.

(5)

HUD code manufactured homes shall have permanent steps installed at all exits.

(6)

Each HUD code manufactured home shall have two covered parking spaces. All carports shall be built in place with no fiberglass or metal roofs. Carports shall have at least two walls with exterior siding of wood or masonry construction.

(7)

Skirting shall be securely attached between the HUD code manufactured home and the ground on all sides within 30 days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, fiberglass, or lattice-type skirting is prohibited.

(8)

Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department.

(9)

Sanitation, fire protection, and underground utility services shall be provided to each lot in accordance with the city ordinances and regulations.

(10)

Driveways shall be all-weather, dust-free construction and shall extend from the right-of-way to the carport or garage. No parking will be permitted on any portion of the lot on any other surface than an all-weather, dust-free surface.

(11)

Drainage and garbage collection right-of-way, fire lanes, and utility easements shall be provided as required by the city. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service.

(12)

Soil conditions, ground water level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.

(13)

HUD code manufactured home subdivisions shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the city.

(14)

Any structural alteration or modification of a HUD code manufactured home after it is placed on the site must be approved by the building official of the city. All structural additions shall comply with the city's building codes and ordinances.

(f)

Site-built additions. The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in order to increase the compatibility with conventional single-family housing in the city.

(g)

Accessory building and structure regulations. Area regulations for accessory buildings or accessory structures shall be in compliance with article IV of this chapter.

(h)

Parking requirements. Parking requirements for the HUD code manufactured housing district shall be in compliance with article VII of this chapter.

(i)

Interior drives. The use of private interior drives must be approved by the city.

(1)

Such interior drives shall have a minimum easement width of 50 feet and shall have a minimum paved roadway width of 31 feet back-to-back.

(2)

Public interior streets shall be located within dedicated rights-of-way and shall have a minimum paved roadway width provided in accordance with the applicable standards in the city subdivision regulations.

(3)

All private interior drives, entrances, and service drives shall be constructed in accordance with city design standards. The developer shall bear the total cost of construction and maintenance of all such improvements.

(4)

All parking areas and public streets shall be of concrete or asphalt construction, as approved by the city engineer.

(j)

Underground utilities. All utility lateral and service lines located within the HUD code manufactured housing district shall be installed underground.

(k)

Open space area. Open space designated for the use and enjoyment of all residents shall be provided within a HUD code manufactured home subdivision at the ratio of 500 square feet for each of the first 20 units, and 200 square feet for each additional unit in excess of 20. Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.

(l)

Screening. A solid opaque screening wall or fence of not less than six feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD code manufactured home subdivision which do not abut a dedicated street. Said screening wall or fence shall be masonry and of a decorative construction. This requirement can be waived or modified if natural or manmade physical features create an adequate separation or buffer from adjacent uses, as determined by the city. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.

(m)

Preservation of site assets. When developing a HUD code manufactured home subdivision, the following steps shall be taken to preserve on-site assets:

(1)

Suitable available topsoil and desirable existing trees.

(2)

Shrubs and ground cover shall be preserved and protected where practicable.

(3)

Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be regraded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction.

(n)

Drainage. Engineering plans for drainage shall be submitted for review by the city at the time of site plan approval. All applicable requirements of the city shall be met.

(o)

Home sales. HUD code manufactured home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.

(Ord. No. 04-008, exh. A(app. B(21)), 6-22-2004)

(a)

Purpose. The purpose of the RC Restricted Commercial District is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The RC Restricted Commercial District is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high-density residential districts and higher intensity commercial and industrial districts.

(b)

Permitted uses. Uses permitted in the RC commercial district shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the RC district, shall conform with the provisions provided in the RC zoning district area requirements table.

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements pertaining to uses allowed in the RC district shall conform to the provisions of article VII of this chapter.

(e)

Height requirements. No building shall exceed 35 feet in height except as otherwise provided in this chapter.

(f)

Conversion of residential structures. All residential structures located within the RC District may be used as commercial or residential uses in accordance with the following conditions:

(1)

The residential structure is not altered such that the bathrooms, kitchen, and garage facilities are removed or rendered unusable for a residential structure.

(2)

The natural ground cover in the front, side, or rear yards is not removed or paved with a permanent surface as to render it unusable for typical residential purposes.

(3)

Any and all signage shall be monument or nameplate type signs. In the event that the use of the structure shall change from commercial to residential, all nonresidential signage shall be removed and the original ground cover shall be returned to the original condition existing prior to placement of the sign.

(g)

Concurrent use of commercial and residential structures. All commercial structures may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:

(1)

Only one residential unit, regardless of square footage of the residential use, may be permitted per commercial structure;

(2)

Except that more than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed 60 percent of the total square footage of the structure.

(h)

Existing residential uses. All legal and valid residential uses existing on the effective date of the ordinance from which this chapter is derived within the RC district shall have legal conforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. All expansions or remodels shall comply with the provisions of this chapter.

(Ord. No. 04-008, exh. A(app. B(22)), 6-22-2004)

(a)

Purpose. The purpose of the GC General Commercial District is to provide for land, building, and structure uses primarily oriented to a variety of indoor and outdoor general business activities of a mixed and diversified nature which supply the needs of the community and to some degree that of the immediate regional area, including regional and community shopping centers. The general character of the GC General Commercial District comprises a broad range of retail and service uses, entertainment uses, community facilities, and general office uses. The GC general commercial district is most appropriately located at major thoroughfare and highway intersections, and as a transitional district between industrial districts and more restrictive commercial districts and high-density residential districts.

(b)

Permitted uses. Uses permitted in the GC General Commercial District shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the GC district, shall conform with the provisions provided in the area requirements for the GC zoning district table.

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements pertaining to uses allowed in the GC district shall conform to the provisions of article VII of this chapter.

(Ord. No. 04-008, exh. A(app. B(23)), 6-22-2004)

(a)

Purpose. The purpose of the I Industrial District is to provide for land, building, and structure uses encompassing a variety of mixed wholesale and warehousing activities, light manufacturing, processing, and assembly plants, general offices, and research and development laboratories. The I Industrial District is characterized by activities and facilities which are generally incompatible with residential areas by virtue of materials storage yards, truck traffic generation, noises, odors, flammable materials, etc., and rely on direct access to major thoroughfares and highways, and in many cases railroad facilities for the movement of raw supplies and finished products.

(b)

Permitted uses. Uses permitted in the I Industrial District shall be in accordance with section 30-32.

(c)

Density, area, yard, height, and lot coverage requirements. The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the I district shall conform with the provisions provided in the area requirements for the I zoning district table.

(d)

Off-street parking and loading requirements. Off-street parking and loading requirements pertaining to uses allowed in the I district shall conform to the provisions of article VII of this chapter.

(Ord. No. 04-008, exh. A(app. B(24)), 6-22-2004)

(a)

Purpose. The purpose of the PD Planned Development District is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the city which promote the health, safety, morals, and general welfare of the community. A planned development may include a combination of different dwelling types and/or a variety of residential and nonresidential land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.

(b)

Planned development uses. In a planned development district, no building or land shall be used, and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in an approved planned development.

(c)

Conditions for planned developments. Planned developments shall be considered appropriate where the following conditions prevail:

(1)

The project is consistent with the comprehensive land use plan and the goals and objectives of the city;

(2)

Dwelling units are situated in such a way that an appreciable amount of open space is available and is integrated throughout the planned development;

(3)

The project utilizes an innovative approach in lot configuration and mixture of residential and commercial type land uses;

(4)

Higher densities than conventional single-family projects of the same acreage are able to provide, with increased open space and appropriate buffering between existing conventional single-family developments;

(5)

Nonresidential uses are situated such that an appreciable amount of land is available for open space or joint use as parking and public access space and is integrated throughout the planned development.

(6)

Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional residential and nonresidential projects; and

(7)

The project provides a compatible transition, which may include buffer yards, thoroughfares, or transitional uses, between adjacent existing single-family residential projects and provides a compatible transition for the extension of future single-family projects into adjacent undeveloped areas.

(d)

Density, area, and height regulations. In approving a planned development or a use designation in a planned development, the city council shall specify density, area, height, screening, parking, landscaping, and other development criteria as may be required in subsection (i) of this section. Such standards shall be indicated on the development plan and shall be made a part of the ordinance. No property located in a planned development shall be modified as to density, area, height, screening, parking, landscaping or other development criteria unless a development plan containing such revised development criteria is approved.

(e)

Ownership. An application for approval of a use designation, development plan or site plan in the planned development may be filed by a person having a legal interest in the property. The application shall be filed in the name of the record owner of the site, which shall be included in the application. The applicant shall provide evidence, in a form satisfactory to the city attorney, prior to final approval, that the applicant has the authority to file the application on behalf of all owners of the site.

(f)

Development schedule. An application for a use designation for new construction or construction that increases the floor area of the principal structure shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the city council shall become part of the planned development ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest.

(g)

Report. The city shall require the owner/developer of the planned development to submit a written report on a regular basis to the city council. Said written report shall describe the progress achieved towards the development schedule. In the event that the owner/developer neglects to provide a written report, as established and agreed to in the planned development ordinance, or if the owner/developer neglects to initiate any progress, the city may initiate proceedings to rezone the property to a zoning district deemed appropriate. However, no rezoning effort shall be initiated by the city prior to making an official inquiry of the owner/developer regarding the status of the planned development.

(h)

Platting requirements. No application for a building permit for the construction of a building or structure shall be approved unless the property on which the proposed improvements are planned has been platted. The plat must meet all the requirements of the city and must have been approved by the city council and recorded in the official records of Johnson, Hood, or Parker County.

(i)

Development plan requirement. An application for a planned development, or approval of a use designation in a planned development which will require new construction which increases the floor area of the principal structure or a change in the development criteria applicable to the site shall include and be accompanied by a development plan, which shall become a part of the amending ordinance. The development plan shall include the following information:

(1)

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

(2)

Where multiple types of commercial land uses are proposed, a land use plan delineating the specific areas to be devoted to various commercial uses shall be required.

(3)

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

(4)

A designation of the maximum building coverage of the site shall be indicated upon the development plan. General footprint of buildings shall be indicated showing the approximate position and sizes of any proposed structures.

(5)

Landscaping and screening shall be provided as required per city landscape regulations and shall be indicated on the development plan.

(6)

Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the administrative official and interpretation by the building inspector.

Any amendment to a development plan must be approved by ordinance following public notice and a public hearing meeting the requirements of section 30-535.

(j)

Site plan requirement. Prior to issuance of a building permit, for new construction or construction which increases the floor area of the principal structure or construction that changes the development criteria for the site, a site plan in accordance with division 2 of this article will be required. The site plan shall be presented for approval to the city council. The site plan may be submitted concurrently with the development plan. If the development plan and the site plan are submitted separately, a separate public hearing and action shall be required for both submittals.

(k)

Combined and abbreviated development and site plan submittal. If application is made for a new use designation in a planned use development on a site which contains existing improvements which are not proposed to be enlarged, the following combined and abbreviated development and site plan shall be permitted in place of a development plan. A combined and abbreviated development and site plan shall contain the following:

(1)

A scale drawing showing existing building and proposed use designations, easements, points of ingress and egress from existing public streets, the arrangement and provision of off-street parking and off-street loading, and the location of landscaping and screening provided on site. These items shall be shown on an accurate survey of the boundary of the lot. All of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the administrative official and interpretation by the building inspector.

(2)

Combined and abbreviated development and site plan must be approved by ordinance following public notice and a public hearing meeting the requirements of section 30-535.

(l)

Administrative approval of development plan and site plan. A development plan and site plan may be approved by the administrative official without the approval of the city council if said application is located within an existing structure and does not increase the floor area of the existing structure and does not change the existing use on the site. The administrative official may, for any reason, elect to present the development plan or site plan to the city council for approval.

(Ord. No. 04-008, exh. A(app. B(25)), 6-22-2004)

(a)

Purpose of district. Motorsport Ranch is a unique and distinctive residential and commercial area and the purpose of the Motorsport Ranch (MSR) overlay district is to promote building that is consistent and compatible with the Motorsport Ranch facility. Motorsport Ranch is a country club for motoring enthusiasts, including sports cars, race cars, motorcycles, and karts. It is recognized that the establishment of the MSR overlay district should specifically allow existing uses that support and promote motorsport activities.

(b)

Zoning regulations, permitted uses, and development standards. The regulations, uses, and standards applicable to the MSR Overlay District are set forth in Ordinance No. 2022-012, and the exhibits to that ordinance which are incorporated into this subsection by reference. A true and correct copy of the ordinance will be maintained by the city secretary for inspection and copying.

(Ord. No. 2022-012, § 3, 12-13-2022)

Whenever a site plan is required by this chapter, such site plan must conform to the requirements of this section. Unless otherwise specified in this chapter, all site plans must be approved by the city council. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff, and comments shall be returned within five working days after the review by the city staff. In no event shall the review process exceed 15 working days after submittal. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the city staff.

(Ord. No. 04-008, exh. A(app. B(26.1)), 6-22-2004)

When required by this chapter, a site plan must be approved prior to the issuance of a building permit by the city.

(Ord. No. 04-008, exh. A(app. B(26.2)), 6-22-2004)

Changes to the site plan shall be processed in the same manner as the original approved site plan.

(1)

Except as otherwise provided in subsection (3) of this section, any site plan that is amended shall require approval of the city council.

(2)

Changes to the site plan which will affect the use of the land may require either an amendment to a planned development or a rezoning of property, whichever applies.

(3)

Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan may be authorized by the administrative official or his/her designee. An aggrieved party may appeal the decision of the administrative official or his/her designee to the zoning board of adjustment in accordance with the provisions of this chapter.

(Ord. No. 04-008, exh. A(app. B(26.3)), 6-22-2004)

Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance.

(Ord. No. 04-008, exh. A(app. B(26.4)), 6-22-2004)

The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the city council and the staff personnel required to enforce and interpret this chapter.

(1)

The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.

(2)

Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.

(3)

Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition.

(4)

The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.

(5)

Total number, location, and arrangement of off-street parking and loading spaces, where required.

(6)

All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to ensure the safe function of the circulation plan.

(7)

Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.

(8)

The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.

(9)

The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.

(10)

If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.

(11)

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.

(12)

Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.

(13)

Buildings on the exterior of the site and within 25 feet of all property lines.

(14)

The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.

(15)

The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.

(16)

Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

(17)

Legal description of the total site area proposed for rezoning, development or specific use permit.

(18)

Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's proposals.

(Ord. No. 04-008, exh. A(app. B(26.5)), 6-22-2004)

Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this chapter does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the city council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.

(Ord. No. 04-008, exh. A(app. B(27.1)), 6-22-2004)

No special use shall be erected, used, altered, or occupied, nor shall any person convert any land, building or structure to such a use, unless a specific use permit has been issued by the city council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this chapter.

(Ord. No. 04-008, exh. A(app. B(27.2)), 6-22-2004)

An application for a special permit shall be filed with the administrative official on a form prepared by the city. The application shall be accompanied by the following:

(1)

A completed application form signed by the property owner;

(2)

An application fee as established by the city's latest adopted schedule of fees;

(3)

A certificate stating that all city and school taxes have been paid to date;

(4)

A property description of the area where the specific use permit is proposed to apply;

(5)

A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and

(6)

Any other material and/or information as may be required by the city council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city.

(Ord. No. 04-008, exh. A(app. B(27.3)), 6-22-2004)

A site plan shall contain, at a minimum, the following information as provided in division 2 of this article.

(Ord. No. 04-008, exh. A(app. B(27.4)), 6-22-2004)

The following additional information may also be required if deemed appropriate by staff or the city council:

(1)

Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.

(2)

Description of the present use, assessed value and actual value of the land affected by the proposed facility.

(3)

Description of the proposed use, anticipated assessed value and supporting documentation.

(4)

A description of any long-term plans or master plan for the future use or development of the property.

(5)

A description of the applicant's ability to obtain needed easements to serve the proposed use.

(6)

A description of any special construction requirements that may be necessary for any construction or development on the subject property.

(7)

A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.

(Ord. No. 04-008, exh. A(app. B(27.5)), 6-22-2004)

The city council may grant such a wavier only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.

(Ord. No. 04-008, exh. A(app. B(27.6)), 6-22-2004)

A specific use permit shall not be recommended for approval by the city council unless the council finds that all of the following conditions have been found to exist:

(1)

The proposed use complies with all the requirements of the zoning district in which the property is located.

(2)

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city.

(3)

The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.

(4)

Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.

(5)

The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

(6)

The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.

(7)

The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.

(8)

The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.

(9)

Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.

(10)

Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties.

(11)

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.

(12)

The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.

(13)

The proposed use is in accordance with the city comprehensive land use plan.

(Ord. No. 04-008, exh. A(app. B(27.7)), 6-22-2004)

In authorizing a specific use permit, the city council may impose additional reasonable conditions necessary to protect the public interest and the welfare of the community.

(Ord. No. 04-008, exh. A(app. B(27.8)), 6-22-2004)

A specific use permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the city council.

(Ord. No. 04-008, exh. A(app. B(27.9)), 6-22-2004)

A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:

(1)

The permit was obtained or extended by fraud or deception.

(2)

One or more of the conditions imposed by the permit has not been met or has been violated.

(Ord. No. 04-008, exh. A(app. B(27.10)), 6-22-2004)

The procedure for amending a specific use permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.

(Ord. No. 04-008, exh. A(app. B(27.11)), 6-22-2004)

A nonresidential building may exceed the permitted height in a zoning district if the following conditions are met:

(1)

A site plan is provided; and

(2)

For every one foot exceeding the maximum permitted height, an additional one-foot of setback is provided on the front, side, and rear yards. The maximum height of a building shall not exceed 50 feet without a special exception.

(Ord. No. 04-008, exh. A(app. B(28.1)), 6-22-2004)

Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and not intended for human occupancy.

(Ord. No. 04-008, exh. A(app. B(28.2)), 6-22-2004)

For antenna and tower height regulations, see article X of this chapter.

(Ord. No. 04-008, exh. A(app. B(28.3)), 6-22-2004)

The general requirements of this division provide additional criteria which apply to yard requirements in all zoning districts.

(Ord. No. 04-008, exh. A(app. B(29)), 6-22-2004)

Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than 12 inches into a required yard. Eaves may project not more than 36 inches into a required yard.

(Ord. No. 04-008, exh. A(app. B(29.1)), 6-22-2004)

A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports.

(Ord. No. 04-008, exh. A(app. B(29.2)), 6-22-2004)

Gasoline filling station pumps and pump islands may be located or project into a required yard provided they are not less than 15 feet distant from any street, highway or alley right-of-way line, and not less than 50 feet distance from any residential property line.

(Ord. No. 04-008, exh. A(app. B(29.3)), 6-22-2004)

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one required front yard need be provided.

(Ord. No. 04-008, exh. A(app. B(29.4)), 6-22-2004)

No part of a yard or other open space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(Ord. No. 04-008, exh. A(app. B(29.5)), 6-22-2004)

For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the appropriate zoning district area regulations.

(Ord. No. 04-008, exh. A(app. B(29.6)), 6-22-2004)

Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.

(Ord. No. 04-008, exh. A(app. B(29.7)), 6-22-2004)

Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this chapter for the district in which the building line is located, the required front yard shall comply with the building line established by the previous ordinance or plat.

(Ord. No. 04-008, exh. A(app. B(29.8)), 6-22-2004)

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed 24 inches.

(Ord. No. 04-008, exh. A(app. B(29.9)), 6-22-2004)