Durant City Zoning Code

PLANNED UNIT

CONSERVATION DISTRICT

§ 156.110 PURPOSES.

The PUCD is intended to promote the health, safety, economic, cultural, and general welfare of the public by encouraging the conservation and enhancement of the urban environment. The purposes of the district are:

(A) To identify physical, social, and economic resources within the urban environment that are worth of conservation;

(B) To maintain neighborhood character and integrity by focusing special attention on the maintenance of the physical environment, the enhancement of physical, social, and economic resources, and the accommodation of desirable change;

(C) To prevent economic obsolescence and to promote reinvestment by fostering stable property values; by fostering an appropriate level of economic activity; and by maintaining essential urban services and the focusing of financial assistance and other economic development programs;

(D) To promote the efficient use of urban lands, including the encouragement of compatible infill development on vacant and passed-over parcels;

(E) To encourage and to support rehabilitation of the physical environment and programs for the conservation and revitalization of urban areas; and

(F) To foster the harmonious, orderly, and efficient growth development and redevelopment of the city.

(Prior Code, § 157.090) (Ord. 1040, passed 4-12-1983)

§ 156.111 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSERVATION. The sustained use and appearance of a structure or area essentially in its existing state.

CONVERSION. The restrained alteration of a structure to accommodate uses for which the resource was not originally constructed, but which maintain the structure’s general character (especially the external appearance).

MAINTENANCE. Conformance of a building and its facilities to the code under which the building was constructed or to another applicable maintenance code.

REHABILITATION. The process of returning a structure to a state of efficiency or soundness by repair or alteration designed to encourage its continued use but without noticeably changing the exterior appearance of the resource.

RENOVATION. The process of altering or repairing a structure and its facilities so it conforms to minimum standards of sanitation, fire, and life safety.

STABILIZATION. The process of applying measures designated to halt deterioration and to establish the structural stability of an unsafe or deteriorated resource while maintaining the essential form as it presently exists without noticeably changing the exterior appearance of the resource.

(Prior Code, § 157.091) (Ord. 1040, passed 4-12-1983)

§ 156.112 GENERAL PROVISIONS.

(A) The PUC District regulations shall be in addition to the provisions of the underlying zoning district applicable to the subject parcel. This designation may be placed in conjunction with any zoning district within the city in accordance with the provisions of this chapter. When more than one regulation is applicable to a district, the regulations created under this section shall apply.

(B) Areas, tracts, or sites within the PUC District shall be identified on the official zoning map and in other official writings.

(Prior Code, § 157.092) (Ord. 1040, passed 4-12-1983)

§ 156.113 DESIGNATION PROCEDURE.

(A) The city may designate areas, tracts, or sites for inclusion within a PUC District in the same manner prescribed for the designation of other zoning districts by this code and subject to compliance with this section.

(B) The initiation of a proposal of designation may be made by:

(1) The Planning and Zoning Commission or the Council; or

(2) Upon the application of property owners of the area, tract, or site to be designated, provided the application includes:

(a) A petition that includes signatures of the property owners of at least 50% of the property are within the boundaries of the proposed district;

(b) A statement documenting the conditions justifying a PUC District designation and setting forth the purpose and intent of such a designation;

(c) Upon the drafting of an ordinance of designation for a PUC area, public hearings shall be held and notice given to all owners of affected property in accordance with the notice requirements of this chapter. The notice shall include sufficient information to identify the boundaries of the district, basis for designation, and types of restrictions which may result from such designation;

(d) The Planning Commission may solicit and present expert testimony or document evidence regarding the importance and effects of PUC regulation within the proposed district; and

(e) As part of every designation or amendment of a designation, the Planning Commission shall state in writing the attributes of the area or district designated as these attributes relate to and comply with the review criteria for district designation as provided in this section. In addition, the Planning Commission shall review any public policies, projects, or other activities which might be related to the designation.

(Prior Code, § 157.093) (Ord. 1040, passed 4-12-1983)

§ 156.114 DESIGNATION ORDINANCE.

(A) If the Planning Commission finds that the area meets the criteria found in this subchapter, they shall prepare a designation ordinance which protects the proposed district against detrimental development action.

(B) The designation ordinance shall identify the district boundaries. The designation ordinance may include the following:

(1) Specific standards and controls to regulate the district. These may include provisions governing:

(a) The use of land;

(b) Density or intensity of land use such as minimum lot size, maximum floor area, floor area ratios, number of dwelling units per acre, minimum lot area per dwelling unit, and other related provisions;

(c) Area and bulk restrictions, including setbacks, maximum lot coverage, height controls, open space requirements, and other related provisions;

(d) Accessory uses and yard utilization regulations, such as landscaping, fencing, carports, access regulations, sidewalks, home occupations, animal regulations, signs, and other related provisions; and

(e) Vehicle regulations, such as access to the land parcels, number of required parking spaces per type of use, the location and design of parking areas, restrictions concerning recreational vehicles, boats, trailers, large trucks, and other related provisions.

(2) Regulation of the conversion of existing structures, including provisions governing the use of converted structures, minimum structural standards, minimum floor area standards, minimum volume, parking, or related provisions; and

(3) Special procedures and techniques for enforcement of the city’s building, housing, and maintenance codes.

(C) The designation ordinance may designate all or part of the district as a “special renovation for preservation area” as authorized by state or federal law.

(D) The Planning Commission shall forward the designation ordinance and its recommendations to the City Council for the Council’s consideration.

(Prior Code, § 157.094) (Ord. 1040, passed 4-12-1983)

§ 156.115 DESIGNATION CRITERIA.

When determining a district’s potential for Planned Unit Conservation District designation, the Planning Commission and City Council shall ensure that the following minimum criteria are satisfied:

(A) The need for coordinated action or treatment because of physical, social, or economic relationships; the presence of unifying elements and cohesiveness within the district; similar land uses, densities, and intensities; and any other related problems, issues, or factors;

(B) Evidence of structural deterioration, encroachment of incompatible land uses, existence of disruptive elements, or other factors contributing to the decline of the districts;

(D) District property owners, residents, or tenants desire and support urban conservation efforts;

(E) District designation conforms to city plan and policies; and

(F) Evidence that Planned Unit Conservation District designation would be an appropriate and effective method for the area.

(Prior Code, § 157.095) (Ord. 1040, passed 4-12-1983)

§ 156.116 TAXES.

Nothing in these regulations shall be constructed as reason for an increased valuation of property for purposes of ad valorem taxation because of PUCD designation.

(Prior Code, § 157.096) (Ord. 1040, passed 4-12-1983)

Durant City Zoning Code

PLANNED UNIT

CONSERVATION DISTRICT

§ 156.110 PURPOSES.

(A) To identify physical, social, and economic resources within the urban environment that are worth of conservation;

(D) To promote the efficient use of urban lands, including the encouragement of compatible infill development on vacant and passed-over parcels;

(E) To encourage and to support rehabilitation of the physical environment and programs for the conservation and revitalization of urban areas; and

(F) To foster the harmonious, orderly, and efficient growth development and redevelopment of the city.

(Prior Code, § 157.090) (Ord. 1040, passed 4-12-1983)

§ 156.111 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSERVATION. The sustained use and appearance of a structure or area essentially in its existing state.

MAINTENANCE. Conformance of a building and its facilities to the code under which the building was constructed or to another applicable maintenance code.

RENOVATION. The process of altering or repairing a structure and its facilities so it conforms to minimum standards of sanitation, fire, and life safety.

(Prior Code, § 157.091) (Ord. 1040, passed 4-12-1983)

§ 156.112 GENERAL PROVISIONS.

(B) Areas, tracts, or sites within the PUC District shall be identified on the official zoning map and in other official writings.

(Prior Code, § 157.092) (Ord. 1040, passed 4-12-1983)

§ 156.113 DESIGNATION PROCEDURE.

(B) The initiation of a proposal of designation may be made by:

(1) The Planning and Zoning Commission or the Council; or

(2) Upon the application of property owners of the area, tract, or site to be designated, provided the application includes:

(a) A petition that includes signatures of the property owners of at least 50% of the property are within the boundaries of the proposed district;

(b) A statement documenting the conditions justifying a PUC District designation and setting forth the purpose and intent of such a designation;

(d) The Planning Commission may solicit and present expert testimony or document evidence regarding the importance and effects of PUC regulation within the proposed district; and

(Prior Code, § 157.093) (Ord. 1040, passed 4-12-1983)

§ 156.114 DESIGNATION ORDINANCE.

(B) The designation ordinance shall identify the district boundaries. The designation ordinance may include the following:

(1) Specific standards and controls to regulate the district. These may include provisions governing:

(a) The use of land;

(c) Area and bulk restrictions, including setbacks, maximum lot coverage, height controls, open space requirements, and other related provisions;

(3) Special procedures and techniques for enforcement of the city’s building, housing, and maintenance codes.

(C) The designation ordinance may designate all or part of the district as a “special renovation for preservation area” as authorized by state or federal law.

(D) The Planning Commission shall forward the designation ordinance and its recommendations to the City Council for the Council’s consideration.

(Prior Code, § 157.094) (Ord. 1040, passed 4-12-1983)

§ 156.115 DESIGNATION CRITERIA.

When determining a district’s potential for Planned Unit Conservation District designation, the Planning Commission and City Council shall ensure that the following minimum criteria are satisfied:

(B) Evidence of structural deterioration, encroachment of incompatible land uses, existence of disruptive elements, or other factors contributing to the decline of the districts;

(D) District property owners, residents, or tenants desire and support urban conservation efforts;

(E) District designation conforms to city plan and policies; and

(F) Evidence that Planned Unit Conservation District designation would be an appropriate and effective method for the area.

(Prior Code, § 157.095) (Ord. 1040, passed 4-12-1983)

§ 156.116 TAXES.

Nothing in these regulations shall be constructed as reason for an increased valuation of property for purposes of ad valorem taxation because of PUCD designation.

(Prior Code, § 157.096) (Ord. 1040, passed 4-12-1983)

Durant City Zoning Code

PLANNED UNIT

CONSERVATION DISTRICT

§ 156.110 PURPOSES.

(A) To identify physical, social, and economic resources within the urban environment that are worth of conservation;

(D) To promote the efficient use of urban lands, including the encouragement of compatible infill development on vacant and passed-over parcels;

(E) To encourage and to support rehabilitation of the physical environment and programs for the conservation and revitalization of urban areas; and

(F) To foster the harmonious, orderly, and efficient growth development and redevelopment of the city.

(Prior Code, § 157.090) (Ord. 1040, passed 4-12-1983)

§ 156.111 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSERVATION. The sustained use and appearance of a structure or area essentially in its existing state.

MAINTENANCE. Conformance of a building and its facilities to the code under which the building was constructed or to another applicable maintenance code.

RENOVATION. The process of altering or repairing a structure and its facilities so it conforms to minimum standards of sanitation, fire, and life safety.

(Prior Code, § 157.091) (Ord. 1040, passed 4-12-1983)

§ 156.112 GENERAL PROVISIONS.

(B) Areas, tracts, or sites within the PUC District shall be identified on the official zoning map and in other official writings.

(Prior Code, § 157.092) (Ord. 1040, passed 4-12-1983)

§ 156.113 DESIGNATION PROCEDURE.

(B) The initiation of a proposal of designation may be made by:

(1) The Planning and Zoning Commission or the Council; or

(2) Upon the application of property owners of the area, tract, or site to be designated, provided the application includes:

(a) A petition that includes signatures of the property owners of at least 50% of the property are within the boundaries of the proposed district;

(b) A statement documenting the conditions justifying a PUC District designation and setting forth the purpose and intent of such a designation;

(d) The Planning Commission may solicit and present expert testimony or document evidence regarding the importance and effects of PUC regulation within the proposed district; and

(Prior Code, § 157.093) (Ord. 1040, passed 4-12-1983)

§ 156.114 DESIGNATION ORDINANCE.

(B) The designation ordinance shall identify the district boundaries. The designation ordinance may include the following:

(1) Specific standards and controls to regulate the district. These may include provisions governing:

(a) The use of land;

(c) Area and bulk restrictions, including setbacks, maximum lot coverage, height controls, open space requirements, and other related provisions;

(3) Special procedures and techniques for enforcement of the city’s building, housing, and maintenance codes.

(C) The designation ordinance may designate all or part of the district as a “special renovation for preservation area” as authorized by state or federal law.

(D) The Planning Commission shall forward the designation ordinance and its recommendations to the City Council for the Council’s consideration.

(Prior Code, § 157.094) (Ord. 1040, passed 4-12-1983)

§ 156.115 DESIGNATION CRITERIA.

When determining a district’s potential for Planned Unit Conservation District designation, the Planning Commission and City Council shall ensure that the following minimum criteria are satisfied:

(B) Evidence of structural deterioration, encroachment of incompatible land uses, existence of disruptive elements, or other factors contributing to the decline of the districts;

(D) District property owners, residents, or tenants desire and support urban conservation efforts;

(E) District designation conforms to city plan and policies; and

(F) Evidence that Planned Unit Conservation District designation would be an appropriate and effective method for the area.

(Prior Code, § 157.095) (Ord. 1040, passed 4-12-1983)

§ 156.116 TAXES.

Nothing in these regulations shall be constructed as reason for an increased valuation of property for purposes of ad valorem taxation because of PUCD designation.

(Prior Code, § 157.096) (Ord. 1040, passed 4-12-1983)