The city is divided into zoning districts. The use, height and area regulations set out herein are uniform within each district. The districts established in this section shall be known as:

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2018-1023-002, § 2A, 10-23-2018; O-2021-0413-001, § 3, 4-13-2021)

(a)

Establishment. The boundaries of the zoning districts set out herein are delineated upon the zoning district map, with such map being a part of this section as fully as if the same were set forth in this section in detail.

(b)

Maintenance and updates.

(1)

Three original, official and identical copies of the zoning district maps are hereby adopted, each bearing the signature of the mayor and the attestation of the city secretary, and shall be filed and maintained as follows:

a.

One copy shall be filed for permanent record in the city secretary's office and shall be designated as "exhibit A." This copy shall not be changed in any manner.

b.

One copy shall be filed in the city manager's office and shall be designated as "exhibit B." This copy shall be maintained by the zoning administrator and kept up to date by posting thereon all subsequent changes and amendments for use in issuing building permits and certificates of compliance and occupancy and enforcing the provisions of this chapter.

c.

One copy shall be filed with the planning and zoning commission and shall be designated as "exhibit C." This copy shall be maintained and kept up to date by the zoning administrator by posting thereon all subsequent changes and amendments.

d.

Reproductions for information purposes only may from time to time be made of the official zoning district map.

(c)

District boundaries.

(1)

The district boundary lines shown on the zoning district maps are usually along streets, alleys, property lines or extensions thereof, where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply:

a.

Boundaries indicated, as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

b.

Boundaries indicated as approximately following the platted lot lines shall be construed as following such lot lines.

c.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

d.

Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way or if no centerline is established the boundary shall be interpreted to be midway between the right-of-way lines such railroad.

e.

Boundaries indicated as following shore lines shall be construed to follow such shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, drainage ways or draws shall be construed to follow such centerlines.

f.

Boundaries indicated as parallel to or extensions of features indicated in subsections (b)(1)a. through (b)(1)e. shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

g.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

(2)

Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsection (b)(1)a. through (b)(1)g., the property shall be considered as classified A, Agricultural District temporarily in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in section 77-43 for temporarily zoned areas.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

All territory hereafter annexed to the city shall be temporarily classified in the A, Agricultural District, until permanent zoning is established by the city council, unless permanent zoning can be established at the time of annexation as provided in section 77-21 procedural steps of zoning petitions and amendments. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.

(1)

Rules of newly annexed territory classified as the agricultural district. In an area temporarily classified as A, Agricultural District:

a.

No person shall erect, construct or add to any building or structure, or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit therefore from the zoning administrator or the city council as may be required herein;

b.

No permit for the construction of a building or use of land shall be issued by the zoning administrator other than a permit which will allow the construction of a building permitted in the A, Agricultural District, unless and until such territory has been classified in a zoning district other than the A, Agricultural District, by the city council in the manner provided by law except that a building permit may be issued in accordance with the provisions of subsection (1)c.

c.

An application for a permit for any other use than that specified in subsection (1)b. shall be made to the zoning administrator, and by him referred to the planning and zoning commission for consideration and recommendation to the city council. The planning and zoning commission, in making its recommendation to the city council concerning any such permit, shall take into consideration the appropriate land use for the area. The city council, after receiving and reviewing the recommendations of the planning and zoning commission, may by majority vote authorize the issuance of a building permit or specific use permit or may disapprove the application.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

The city council by an affirmative vote may, after public hearing and proper notice to all parties affected, and after recommendations from the planning and zoning commission that the use is in general conformance with the comprehensive plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, authorize the granting of a specific use permit for those uses indicated by "S" in the schedule of uses to this chapter, according to the following criteria:

(1)

An application for a specific use permit shall be accompanied by a plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings; the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings, and fences; and the relationship of the intended use to all existing properties and land uses in all directions (the "plan"). A specific use permit that will require the construction of a new structure shall be accompanied by said plan. A plan may not be required if a specific use permit is applied for that will locate in an existing structure, if the city manager or his designee determines that the existing site adequately addresses the above elements and a plan is not necessary to evaluate the specific use permit.

(2)

In recommending that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property within 200 feet of the premises under consideration, and shall make recommendations regarding the adequacy of the streets, alleys and sidewalks abutting and adjacent to the proposed use (subject to the city's subdivisions chapter), means of ingress and egress from and to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and whether the building is compatible for the use under consideration.

(3)

Every specific use permit granted under these provisions shall be considered as an amendment to this chapter and shall remain applicable to the property so long as all conditions imposed at the time of granting said permit continue to be met and no substantive change in the use of the property occurs.

(4)

In granting a specific use permit, the city council may impose conditions that shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the city for use of the building on such property pursuant to such specific use permit. Such conditions are not precedent to the granting of a specific use permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(5)

No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawings and approved by the city council.

(6)

A building permit shall be applied for and secured within six months from the time of granting the specific use permit; provided, however, that the city council may authorize an extension of this time upon recommendation by the planning and zoning commission, except in the case of a private street development, which shall have no limit regarding the application and securing of a building permit. If a building permit has not been secured within six months from the time of granting the specific use permit, or if a building permit has been issued but subsequently allowed to lapse, a city-initiated zoning change will be placed on the agenda of the planning and zoning commission and city council to consider the revocation of the specific use permit.

(7)

No building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise changed unless a separate specific use permit is granted for such enlargement, modification, structural alterations, or change.

(8)

The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.

(9)

When the city council authorizes granting of a specific use permit, the official zoning district map shall be amended according to its legend to indicate that the affected area has conditions and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by an "S" designation.

(10)

Specific use permits are issued to the property, and subsection (5) shall be applicable to any new owner or occupant of the subject property.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Explanation of use chart.

(1)

Permitted by-right uses. "P" in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this chapter.

(2)

Uses requiring a specific use permit. "S" in a cell indicates that, in the respective zoning district, the use is allowed only if issued a specific use permit, in accordance with the procedures of section 77-44, Specific Use Permits. Uses requiring a specific use permit are subject to all other applicable regulations of this chapter.

(3)

Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.

(4)

Use-specific regulations. Regardless of whether a use is allowed by right, or permitted with a specific use permit, there may be supplemental regulations that are applicable to the use. The existence of these regulations is noted through a cross-reference in the last column of the table. Cross-references refer to section 77-49, Use-Specific Regulations. An asterisk [*] in a cell indicates that the use, whether permitted by right or as a special use, is permitted subject to use-specific regulations in that district.

(5)

Allowed land uses in overlay districts. Except as otherwise provided by this Code for a specific overlay district:

a.

Any land use permitted by right in the applicable underlying base zoning district may be permitted within an overlay district, subject to any use-specific regulations required by this section and any additional requirements of the specific overlay district.

b.

Any land use requiring a specific use permit in the applicable underlying base zoning district is only allowed if a specific use permit is issued for the use.

c.

Any land use prohibited in the underlying base zoning district is also prohibited in an overlay district. A specific overlay district may include additional prohibited land uses.

(6)

Allowed land uses in planned development districts. Land uses in a planned development district are permitted as follows:

a.

If the PD development plan references a base zoning district:

1.

Any land use permitted by right in the applicable underlying base zoning district, as amended, may be permitted.

2.

Any land use requiring a specific use permit in the applicable underlying base zoning district, as amended, is only allowed if a specific use permit is issued for the use.

3.

Any land use prohibited in the underlying base zoning district, as amended, is also prohibited in the PD district.

b.

The PD district may list the permitted and prohibited uses separately.

c.

A combination of the above options.

(b)

Legend for use chart.

(c)

Residential uses.

¹  Property in the Central Area District shall be used only in the manner and for the purposes provided for by this division, provided that a residence or residential use in such district by specific use permit shall be subject to the limitations of section 77-53(d).

(d)

Accessory and incidental uses.

(e)

Agricultural uses.

(f)

Automobile and related uses.

(g)

Commercial and professional uses.

(h)

Educational, institutional, and public uses.

(i)

Entertainment and recreational uses.

(j)

Industrial and wholesale uses.

(k)

Retail and service uses.

(l)

Transportation, utility, and communications uses.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. 2018-0828-001, § 2, 8-28-2018; Ord. No. O-2018-1023-002, § 3A, 10-23-2018; O-2021-0413-001, § 5, 4-13-2021; Ord. No. O-2021-1221-001, § 4, 12-21-2021; Ord. No. O-2022-0628-001, § 2, 6-28-2022)

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The city manager shall refer the question concerning any new or unlisted use to the planning and zoning commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities, such as water and sanitary sewer.

(2)

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

(3)

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall by resolution approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

All uses not expressly permitted are prohibited, except as provided in section 77-47.

(b)

No land or building shall be used or occupied for a use which will in any manner create an unreasonable potential hazard to the general public, health, safety, and welfare, as, for example, but not by way of limitation, any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, radioactive, or other hazardous conditions; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, movement of air, electrical, or other disturbances; glare; or liquid or solid wastes.

(c)

Without limiting the foregoing sections, or being limited thereby, the following uses are specifically prohibited:

(1)

Storage, manufacturing, purifying, packaging, repackaging, selling, or supplying of toxic or highly flammable chemicals or gases, as a primary use regardless of quantities involved. Examples include asbestos products, toxic or explosive chemicals and allied products or the processing of caustic acids.

(2)

Above ground tank farms or storage of gasoline, fuel oils, gases, or chemicals, or other flammable, corrosive, or toxic substances as a primary use or in total on site quantities exceeding 30,000 liquid gallons or equivalent.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Alternative financial institution.

(1)

No alternative financial institution shall be located within 1,000 feet, measured from property line to property line, of any other alternative financial institution.

(2)

No alternative financial institution shall be located within 200 feet, measured from property line to property line, of a lot zoned or used for residential purposes.

(3)

No alternative financial institution shall be located within the highway commercial overlay district.

(4)

An alternative financial institution may only be a main use that requires a specific use permit and a certificate of occupancy. An alternative financial establishment may not be an accessory use.

(b)

Antenna and/or antenna support structure, commercial.

(1)

All commercial antennae and antenna support structures located on property owned by the city shall be permitted with a specific use permit in any district.

(2)

All commercial antennae and antenna support structures shall be permitted by specific use permit in nonresidential districts.

(3)

All commercial antennae and antenna support structures allowed by an SUP shall be subject to the following regulations.

a.

No radio, television or microwave tower for a commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential on the current comprehensive plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.

b.

Antenna support structures shall be constructed to support at least two carriers.

c.

Antenna facilities shall be screened by a six-foot masonry screening wall or a six-foot open ornamental fence with landscape screen.

(4)

Commercial stealth antennas are permitted by right in residential districts only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure.

(5)

Commercial stealth antennas are permitted by right in nonresidential districts.

(c)

Antenna and/or antenna support structure, non-commercial. Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no case shall the height of such antennas exceed 40 feet and proper guy wire securement shall be followed. In no manner shall the use of such equipment infringe upon adjoining property owners. Roof-mounted satellite dishes in excess of 50 pounds shall be approved by a registered architect or professional engineer by written letter to the city manager, prior to installation, stating the antenna stability and support and that such dish shall not extend more than six feet above the roof.

(d)

Banquet/meeting hall.

(1)

Access to the lot on which the use is situated must be from an arterial or major collector street as identified on the city's thoroughfare development plan.

(2)

The applicant shall submit a site plan and landscape plan in addition to any other plans that may be required by the city's ordinances, drawn to scale and sealed by a professional engineer or professional architect licensed by the state with the specific use permit application for consideration and approval by the planning and zoning commission and the city council.

(3)

Banquet or meeting halls may provide live or recorded entertainment, and, may serve catered meals and alcoholic beverages when the owner or operator holds the appropriate licenses and permits.

(4)

Banquet or meeting halls shall minimize disturbances to surrounding properties which includes restricting activities inside the structure or if located outside, no electronically amplified sound generated shall be audible at any time beyond the boundary of the property on which the facility is located.

(e)

Body art studio.

(1)

Facilities offering tattooing, permanent or intradermal cosmetic services and body piercing must be licensed by the state and must meet all city environmental health requirements.

(2)

Body art studios as a primary or standalone use shall be required to obtain a specific use permit and shall be prohibited within 1,000 feet, as measured by a singular straight line, from any other body art studio, church, day care, residentially zoned district, or public or parochial school. The measurement for this distance requirement shall be in a straight line from the nearest property line of the lot where the body art studio is located without regard to intervening structures or objects, to the nearest property line of the lot where the church, day care, residentially zoned district, or public or parochial school is located. The 1,000 foot distance requirement may be reduced to 300 feet if the city council finds that issuance of the specific use permit would not be detrimental or injurious to the public health, safety or general welfare, or otherwise offensive to the neighborhood.

(3)

Tattooing, permanent cosmetics, and body piercing may be practiced as an accessory use to a custom personal service shop.

(f)

Concrete/asphalt batching plant, temporary.

(1)

Concrete plant. Issuance of temporary permit by city manager or his/her designee and removal as directed.

(2)

Asphalt plant. Issuance of temporary permit by resolution of city council.

(g)

Fuel pumps (accessory use). Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards.

(1)

Accessory fuel pumps must be located on the same lot as a big box tenant.

(2)

Fuel pumps are permitted at a maximum of two corners at an intersection of two major thoroughfares.

(3)

A sales kiosk servicing the accessory fuel pumps shall be less than 500 square-feet in floor area.

(4)

Accessory fuel pumps shall be located at least 250 feet from a property line of a residential lot.

(h)

Game rooms. Specific use permit application requirements for game rooms:

(1)

Game rooms shall be permitted only in the Light Industrial (LI) District upon the granting of a specific use permit (SUP);

(2)

The specific use permit shall be a personal license specific to:

a.

The game room named in the ordinance granting the SUP;

b.

The physical address of the game room identified in the ordinance granting the SUP; and,

c.

The person(s) and/or entity(ies) that own the game room;

(3)

The specific use permit shall not be transferable to any other named game room, location or owner;

(4)

The specific use permit shall be for an initial period not to exceed six months;

(5)

The applicant may seek an extension or further renewal of the SUP prior to the expiration of the then current SUP with the length of any such renewal being from six months to two years as may be determined appropriate in the sole discretion of the planning and zoning commission and city council;

(6)

No person under the age of 18 years shall be permitted inside the building, structure, facility or space housing the game room;

(7)

A sign stating that no one under the age of 18 is allowed inside the game room building shall be posted in plain sight immediately inside the entrance stating that:

"No person under the age of 18 years shall be permitted inside the building, structure, facility or space housing the game room."

(8)

The number and various types of coin-operated machines or devices allowed to be provided, exhibited and/or operated in the game room shall be plainly requested by the applicant and the actual numbers coin-operated machines or devices approved to be installed in the game room shall be specified in the ordinance granting such an SUP.

(9)

The applicant shall submit a site plan, landscape plan and floor plan of the game room interior, in addition to any other plans that may be required by the city's ordinances, drawn to scale and sealed by a professional engineer or professional architect licensed by the state depicting the layout of the game room interior specifically including, but not limited to, the location of all coin-operated machines or devices, the manager's station(s), restroom facilities, kitchen and bar facilities, if any, and all areas to which patrons will not be permitted;

(10)

No game room shall be situated within 1,000 feet of any church, school, hospital or any other game room, with the distance being measured in a straight line without regard to intervening objects or structures and from the nearest lot line of the game room seeking a SUP to the nearest lot line of the church, school, hospital or any other game room;

(11)

No skill or pleasure gaming machines, which are an accessory use to the primary use that is situated in a building, structure, facility or space, shall be permitted to be placed within 300 feet of any church, school or hospital;

(12)

Only one game room shall be permitted on any lot or in any building, structure or strip center;

(13)

The hours of operation for a game room shall be limited to the following hours:

a.

Monday through Thursday, open at 8:30 a.m. and close at 11:00 p.m.:

b.

Friday and Saturday, open at 8:30 a.m. and close at 12:00 a.m.; and

c.

Sundays and holidays, open at 12:00 p.m. and close at 11:00 p.m.;

(14)

All coin-operated machines or devices, described herein above shall be permitted by and the occupation tax thereon paid to the state and the city;

(15)

The grant of an SUP shall not relieve the applicant, owner and/or operator of a game room or the subject coin-operated machines or devices from any other and further obligations under this Code; and,

(16)

Nothing herein shall be construed or have the effect to license, permit, authorize or legalize any machine, device, table, or gaming machine, the keeping, exhibition, operation, display or maintenance of which is illegal or in violation of any ordinance of the city, any section of the penal code of this state, or the constitution of this state.

(i)

Motel. The following shall be provided:

(1)

Daily housekeeping service.

(2)

On-site management 24 hours a day to provide check-in/check-out services, custodial and maintenance response, or other guest services.

(3)

At least three amenities from the list below.

a.

Business center.

b.

Indoor/outdoor pool.

c.

Spa/sauna.

d.

Weight room/fitness center.

e.

Playground.

f.

Sports court.

g.

Plaza/atrium.

h.

Game room.

i.

Conference room (1,000 square foot minimum).

(j)

Nursery, major. In the C district, a maximum of 40 percent of the lot area may be used for accessory outside storage provided that:

(1)

Outside storage is not allowed in any portion of the lot between a public street and the face(s) of the building.

(2)

Outside storage shall be screened from view of public streets by a screening device of not less than eight feet in height. Screening of outside storage areas shall be constructed of the same materials as the building façade and plant material.

(3)

Outside storage areas must be screened from view of any adjoining property by a screening device at least eight feet in height, except along adjacent property lines zoned LI or HI.

(4)

No materials stored shall be stacked above the top of the screening device.

(k)

Tennis courts (accessory use). It is the purpose of these provisions to recognize a tennis court as a potential attractive nuisance and to promote the safety and enjoyment of property rights by established rules and regulations governing the location and improvement of tennis courts whether privately, publicly, or commercially owned or operated.

(1)

Permits and approvals. No tennis courts shall be constructed or used until a tennis court building permit and certificate of occupancy have been issued therefore.

(2)

Requirements. A tennis court may be constructed and operated when:

a.

The court is not located in any required front or side yard abutting a street;

b.

The court is located behind the front yard or front building line and shall be no closer than three feet from the property line;

c.

A wall or fence with a minimum of six feet and a maximum of ten feet in height completely encloses either the court area or the surrounding yard area;

d.

All lighting of the court is shielded or directed to face way from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties.

(l)

Swimming pools (accessory use). It is the purpose of these provisions to recognize an outdoor swimming pool as a potential attractive nuisance and to promote the safety and enjoyment of property rights by established rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.

(1)

Permits and approvals. No swimming pool shall be constructed or used until a swimming pool building permit and a certificate of occupancy have been issued therefor. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.

(2)

Requirements. A swimming pool may be constructed and operated when:

a.

The pool is not located in any required front or side yard abutting a street;

b.

The pool is located behind the front yard or front building line and shall be no closer than three feet from the property line.

(m)

Concrete/asphalt batching plant (not temporary). Specific use permit application requirements for concrete/asphalt batching plant:

(1)

Concrete/asphalt batching plants shall be permitted only in the HI-2—Heavy Industrial-2 District upon the granting of a specific use permit (SUP);

(2)

The SUP shall be for an initial period of 15 years (the "initial term") with one automatic five-year extension (the "automatic extension period") of the SUP;

(3)

The SUP shall run with the land during the initial term and the automatic extension period provided however, that:

a.

The operating name of the concrete/asphalt batching plant specifically identified in the ordinance granting the SUP shall not be changed during the initial term and the automatic extension period without the owner first providing the city advance written notice of said name change; and

b.

The ownership of the concrete/asphalt batching plant shall not be conveyed, sold or transferred to any other persons or entities identified in the ordinance granting the SUP parties not named in the in the ordinance granting the SUP during the initial term and the automatic extension period without the owner(s) identified in the ordinance granting the SUP first providing the city advance written notice of such proposed change in ownership, and then only if the entirety of the concrete/asphalt batching plant is being so conveyed, sold or transferred;

(4)

The owner may seek an extension or further renewal of the SUP prior to the expiration of the automatic extension period or any then current subsequent extension with the length of any such extension or renewal being determined in the sole discretion of the planning and zoning commission and city council;

(5)

The applicant shall submit a site plan, landscape plan and elevations, in addition to any other plans that may be required by the city's ordinances, drawn to scale and sealed by a professional engineer or professional architect licensed by the state satisfying all of the requirements of section 77-44, "Specific use permits";

(6)

The grant of an SUP shall not relieve the applicant, owner and/or operator of a concrete/asphalt batching plant from any other and further obligations under this Code.

(n)

Food trucks and operation sites.

(1)

Purpose. The purpose of this section is to establish regulations governing mobile food establishments that are commonly referred to as "food trucks," the parameters for operation sites for food trucks, and the land use classifications within which a food truck court might be established. These regulations are intended to promote the health, safety, and welfare of the public, and to protect the property rights of the owners of land located adjacent to and within the vicinity of properties containing a food truck, an operation site for a food truck or a food truck court.

(2)

Operation of a food truck or mobile food establishment.

a.

It shall be unlawful for any person to operate a food truck or mobile food establishment as defined in this Code of Ordinances upon any street, public street, street right-of-way, sidewalk, parking lot, or city-owned, leased or controlled property unless such person has first obtained all of the permits required by this chapter and chapters 32 and 53 of the Farmersville Code.

b.

No person shall engage in or attempt to engage in the operation of a food truck or mobile food establishment unless such person has in their immediate possession a valid solicitor's permit and health permit issued to them by the city.

c.

No person shall engage in or attempt to engage in the operation of a food truck or mobile food establishment unless the vehicle is constructed and operated in accordance with the Texas Food Establishment Rules.

d.

No person shall engage in or attempt to engage in the operation of a food truck or mobile food establishment unless proof of access to a commissary or central preparation facility is provided on demand.

e.

Any person engaged in or attempting to engage in the operation of a food truck or mobile food establishment shall comply with the city's fire code.

f.

Any person engaged in or attempting to engage in the operation of a food truck or mobile food establishment shall ensure that all food preparation, cooking, service, or other food service-related activities take place within the confines of the vehicle.

g.

No person shall engage in or attempt to engage in the operation of a food truck or mobile food establishment on any public street which includes four or more marked traffic lanes unless specifically designated for such purpose by the city.

h.

Any person engaged in or who attempts to engage in the operation of a food truck or mobile food establishment on any public street shall stop his motor vehicle only in immediate response to a direct request from a potential customer and for a period not to exceed 15 minutes.

i.

Any person engaged in or attempting to engage in the operation of a food truck or mobile food establishment on private property, exclusive of those operating in conjunction with duly permitted temporary or special events, open air markets, or food truck courts, shall:

1.

Only engage in food truck or mobile food establishment operations in areas which are non-residential in nature, and shall include, but is not limited to, areas used for non-residential purposes and any areas with any one or more of the following zoning district classifications: NS—Neighborhood Service District, GR—General Retail District, C—Commercial District, CA—Central Area District, LI—Light Industrial District, HI-1—Heavy Industrial District-1, and HI-2—Heavy Industrial District-2.

2.

Only do so as an accessory use to the primary uses located on the same property, and as such, shall, to the extent practicable, locate and orient the food truck or mobile food establishment and appurtenances on-site in a manner that clearly serves employees and patrons of the primary use of the property and not to attract or solicit business from neighboring streets or the public in general.

3.

Do so only from a motorized vehicle.

4.

Be allowed to utilize temporary tables and chairs placed on the non-residential property in close proximity to the motor vehicle for a period of time not to exceed 11 consecutive hours.

5.

Demonstrate that the motorized vehicle is moveable and operable upon demand by the city.

6.

Not alter or modify the motorized vehicle or the premises adjacent to the motorized vehicle that would prevent the operation or mobility of the motorized vehicle from which the mobile food establishment operation is conducted.

7.

Have access to restrooms within 1,000 feet of the vending location to be utilized for both the vendor and patrons.

8.

Obtain and maintain written consent from the property owner or property manager and provide written proof thereof upon demand of the city.

9.

Not be permitted to have more than two food trucks or mobile food establishments conducting operations at any one time on private property that is non-residential in nature.

j.

Notwithstanding the provisions of this section, a person may operate a food truck or mobile food establishment within the limits of any city park if such person has a written agreement or a permit issued by the city manager or their designee.

k.

Any property owner wishing to host food truck or mobile food establishment on their property and allow them to operate outside the parameters set forth herein shall only do so on properties where the city council has approved a special permit for that express purpose.

l.

Any person or firm that operates a food truck or mobile food establishment as defined in this Code of Ordinances shall not operate such establishment within:

1.

Any area zoned for residential land uses;

2.

One block of any block containing an elementary school, junior high school, or middle school.

m.

No food truck or mobile food establishment may enter any city park containing a concession stand for the purpose of vending without first receiving written permission from the city manager or their designee.

n.

A mobile food establishment shall not stop to sell or serve food for a period of time exceeding 30 minutes.

o.

A food truck or mobile food establishment may only operate in excess of 30 minutes when it is operating:

1.

In conjunction with a city-sponsored event or a permitted event authorized by the Farmersville Code, as amended, and only for the duration of that event; or

2.

As an accessory use to an existing business with a valid mobile food establishment certificate of occupancy, as authorized by the Farmersville Code, as amended.

p.

Food for public consumption must be prepared and stored at the central preparation facility or on the food truck or mobile food establishment. Food for public consumption may not be prepared or stored at any other location, including but not limited to an unpermitted or residential kitchen, pursuant to Title 25, Texas Administrative Code Section 228.62(a), as amended.

q.

Only food items previously approved by the city manager, or their designee may be sold on a food truck or mobile food establishment. Non-food items such as toys, fireworks, or any hazardous substances such as stink bombs are prohibited.

(3)

Definitions.

a.

Food truck, which is also known as a mobile food establishment, means an operational vehicle mounted, self-propelled, self-contained food establishment designed to be readily moveable and used to store, prepare, display, serve or sell food and associated non-alcoholic beverages, which food and beverages are not typically tied to a single season of the year. Food trucks must completely maintain their mobility at all times. This definition shall also apply to any seating, garbage and/or recycling containers, gear or equipment that is associated with the food truck's operation and/or use. All references to a food truck in this Code of Ordinances shall mean and include a mobile food establishment. Unless otherwise provided, a food truck does not mean a stand, booth, pushcart, or a trailer (that is not capable of immediate mobility by use of a licensed motor vehicle to which the trailer is currently connected).

b.

Food truck court means a property that is properly zoned for and used or developed to accommodate one or more food trucks as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities. Food truck courts must have a valid certificate of occupancy in addition to all other applicable permits and inspections.

c.

Mobile food establishment, commonly referred to as a "food truck," is a vehicle mounted food service operation designed to be readily movable. A mobile food establishment shall be capable of immediate mobility by use of a licensed motor vehicle. This definition shall include the term "mobile food unit" under state law, including the Texas Food Establishment Rules, or its successor statute.

d.

Operation site means the geographic area, not located within a food truck court, within which area the food truck will park and prepare and sell food and/or associated non-alcoholic beverages. This term also includes areas where the food truck's customers go to consume food and/or non-alcoholic beverages sold from the food truck. The sale of merchandise other than food and non-alcoholic beverages shall be prohibited. Operation sites must have a valid food truck temporary site permit in addition to all other applicable permits and inspections.

(4)

Required permits, plans and inspections.

a.

Certificate of occupancy (food truck courts only).

1.

Each food truck court shall be required to receive a certificate of occupancy from the chief building official or their designee subsequent to the approval of a specific use permit and corresponding site plan. As part of the request for a certificate of occupancy, the following information, at a minimum, shall be provided:

i.

The name and address of the owner and/or operator;

ii.

A description of the owner and/or operator;

iii.

If the applicant represents a corporation, association, partnership or any other business entity, the names and addresses of the officers, partners or principals;

iv.

The address and name under which the mobile food court will be operated; and

v.

Any other information reasonably required by the chief building official to document the use and operation of the food truck court.

b.

Food truck temporary site permit (for an operation site).

1.

The owner or the owner's authorized representative of a property containing an operation site where a food truck may be located from time to time must apply for a food truck temporary site permit from the building inspections department prior to allowing a food truck to operate on their property.

2.

The permit application, which shall be verified in the same manner as required for a deed, shall include information that details where the food truck will be located on the property along with the location of any refuse receptacle(s), restroom(s), vehicle parking, dining area(s), and any other pertinent information regarding the operation of the food truck on and about the operation site. As part of the permit application, any necessary authorization letters from adjacent property owners and businesses shall be provided. Authorization letters that limit the allowance of food trucks to a specific type or style of food will not be accepted. Any additional information as may be deemed necessary by the chief building official to thoroughly review the request shall also be submitted as part of the permit application.

3.

A food truck temporary site permit for an operation site issued by the building inspections department shall only remain valid for a maximum of six months and regardless of the date of issuance shall expire on June 30 or December 31 of such calendar year, whichever date occurs first following the issuance of the initial permit and then every six months thereafter. There shall be no pro-ration of fees assessed after the first month of each period.

4.

A food truck temporary site permit may accommodate any licensed food truck vendor that the property owner/temporary site permit holder deems acceptable for an operation site.

5.

The chief building official, in approving or denying such application shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated; health and sanitary conditions; and compliance with other regulations of this chapter.

6.

The chief building official shall have the right, upon finding that a hazard or nuisance shall exist by continuing such use, to revoke any temporary use at any time or to deny any extension. After which revocation, such temporary use shall immediately cease, and all temporary structures shall be removed within ten days of notification of such finding.

c.

Food truck log. Each food truck and mobile food establishment operator shall maintain a log that contains each date of servicing and the signature of the commissary operator certifying that servicing occurred at the commissary. In lieu of a log, receipts showing the type of purchases, date and time of purchases, and the location of the commissary where purchases were made may be accepted in lieu of a food truck log. The food truck log or receipts shall be made available to city personnel for inspection upon request.

d.

Food truck vendor permit. All food trucks shall be required to register and obtain all applicable permits from the city in accordance with chapters 32 and 53 of the Farmersville Code prior to operation.

e.

Health permit. All food trucks must obtain a permit from the city for the operation of a mobile food unit in accordance with chapter 32 of the Farmersville Code prior to operating a food truck or a food truck court. All such health permits must be prominently displayed in accordance with all applicable rules, regulations, ordinances and statutes.

f.

Inspections. Food trucks and operation sites may be inspected from time to time by appropriate city or county personnel. Food truck courts, operation sites and food trucks shall immediately be made available for inspection upon request of such city or county personnel.

g.

Other permits required. Food trucks shall be responsible for identifying and obtaining all applicable permits and shall be responsible for conforming to all applicable city, county, state and federal regulations. Property owners shall be responsible for ensuring that any food truck which operates as part of a food truck court or a temporary site permit for any operation site obtains all necessary permits prior to operation and conforms to all applicable city, county, state and federal regulations.

h.

Safety. The chief building official, fire marshal, health inspector, and/or the city manager shall have the authority to require that additional safety measures be provided at a food truck or operation site to ensure the health, safety, and welfare of the general public. These additional safety measures may include, but are not limited to, limitations governing the provision of utilities (water, wastewater, electricity, gas, etc.) to the food truck, providing fire extinguisher(s), and adding limitations to the use of deep fat fryers or flat top grills in specific instances.

i.

Site plan required (food truck court only). A site plan as specified in sections 77-81 and/or 77-82 (site plan approval) of the Farmersville Code shall be required to be submitted and approved prior to the issuance of any permits for a food truck court.

j.

Specific use permit required (food truck court only). A specific use permit as specified in section 77-44 (specific use permits) of the Farmersville Code shall be required to be submitted and approved by the city council prior to the issuance of any permits for a food truck court.

(5)

Acceptable locations.

a.

Food truck operation sites.

1.

Subsequent to all permits being issued, operation sites for food trucks may be located within any non-residential zoning district assuming all applicable locational criteria and the following requirements are satisfied:

i.

No food truck operation site including, but not limited to food preparation, sales, or consumption shall be permitted within 100 feet of any door, window or outdoor dining area of any existing restaurant(s) or food service establishment(s). Food trucks shall be exempted from this requirement with the express written permission of the owner or authorized representative all such restaurants or food service establishments.

ii.

Only one food truck shall be permitted on each permitted food truck operation site.

iii.

Food truck courts may only have that number of food trucks within, on and about the food truck court as is specifically through a specific use permit therefore as approved by the city council for the particular lot or property.

iv.

Food trucks shall not be allowed to engage in sales operations within 100 feet of any property that is used or zoned for residential purposes. This distance may be eliminated if unanimous written consent from each property owner located within the 100-foot buffer is provided.

2.

Food trucks and their customers shall be prohibited from utilizing the public rights-of-ways for food sales, preparation, and/or consumption save and except to the extent specifically authorized and permitted by and through the city manager or their designee.

3.

Food truck courts and operation sites shall only be permitted on private property.

4.

All portions of a food truck and its associated operation site shall be located within 150 feet of a dedicated fire lane easement, or a public street as determined by the city manager or fire marshal.

5.

Food trucks must be parked, situated, and operated in a manner that does not restrict orderly and/or safe vehicular and/or pedestrian movements.

6.

Food trucks and operation sites may not occupy required off-street parking spaces or loading spaces.

7.

All food trucks participating in a food truck court shall remain fully mobile and operational unless a commissary is provided on site and said food truck is authorized to utilize the on-site commissary.

8.

Food trucks shall report to their designated commissary at least once per day for food, supplies, cleaning, and servicing.

(6)

Hours of operation.

a.

Food truck operation sites.

1.

Food trucks shall only be allowed to engage in sales operations between the hours of 6:00 a.m. and 12:00 a.m.

(7)

Noise.

a.

Food trucks and operation sites shall be subject to the noise requirements of chapter 44, article II (noise regulation) of the Farmersville Code.

b.

No amplified sound shall be permitted after 10:00 p.m.

(8)

Refuse, recycling, litter and food preparation byproducts.

a.

Food truck operation sites.

1.

Food trucks shall provide, on or within 20 feet of the food truck, containers of sufficient size and number for the disposal of refuse and recyclables resulting from the food truck's operation and sales. The containers shall be identified as being for the disposal of refuse and/or recyclables.

i.

City-provided refuse and recycling containers shall not be used for the food truck's or operation site's refuse and/or recycling needs unless written authorization has first been obtained from the city for such use.

ii.

Any refuse, recycling and/or litter on the ground at, around and about the food truck or operation site shall be immediately picked up and discarded appropriately by the food truck operator. Refuse and/or recycling must be removed from the operation site at least daily or more frequently as needed to remove litter, refuse and/or recycling from the property thereby avoiding the creation of an unsanitary or unhealthy condition or nuisance.

iii.

Greases, oils, vapors and other similar food preparation byproducts shall be kept inside the food truck at all times. Dumping, or the improper disposal, of food preparation byproducts onto the ground, pavement or other surface or into a storm water collection system or other system not designed for that specific use is strictly prohibited and may result in the immediate revocation of all permits and licenses of the food truck and/or operation site in addition to the performance of any necessary remediation and the issuance of citations and fines.

iv.

Sewage, liquid wastes and food preparation byproducts shall be removed from a food truck at an approved waste servicing area in such a way that a public health hazard or nuisance is not created.

(9)

Signage. All signage pertaining to or advertising a food truck and/or its menu shall be attached to the food truck. There shall be no limit to the amount of signage that is allowed on a food truck while the food truck is parked at a food truck court or operation site. A food truck shall not be outfitted with a "changeable electronic variable message sign" or any manner of "prohibited signage" as defined and/or set forth in chapter 56 (signs and advertising) of the Farmersville Code. Signage for the food truck court shall be permitted as outlined in chapter 56 (signs and advertising) of the Farmersville Code. Signage containing profanity or lewd or obscene images shall be prohibited.

(10)

Off-street vehicle parking.

a.

Food truck operation sites.

1.

One off-street vehicle parking space shall be required for each table that is provided for use by food truck customers. If no tables are provided, no off-street vehicle parking shall be required. Any customer parking that is provided must be finished with concrete or asphaltic surface materials.

2.

Required off-street vehicle parking and maneuvering shall adhere to the requirements of chapter 71 (traffic and vehicles) of the Farmersville Code, except as otherwise specified herein.

3.

Food trucks and operation sites must feature an area of sufficient size that is finished with a compacted gravel base, concrete or asphaltic surface materials on which any food trucks may park and operate. Customer parking must be finished with concrete or asphaltic surface materials.

(11)

Restrooms required.

a.

Food truck operation sites.

1.

Restrooms for each sex, or a gender-neutral restroom(s), located within a permanent building that has been issued a valid certificate of occupancy shall be provided for the use of the food truck's customers, operators and employees. Such restroom(s) must remain open and available for use at all times during which the food truck is situated on the operation site. No portable or temporary restrooms shall be allowed.

(12)

Exceptions.

a.

These regulations shall not apply to food trucks that operate:

1.

At a special event that is properly licensed pursuant to a special event permit issued by the city, provided that the food truck is identified in the special event permit application as a participating concessionaire or caterer; or

2.

As a vendor at a properly permitted farmers' market for which the food truck has rented space from the farmers' market and/or its organizer(s); or

3.

On public property including, but not limited to a public park, public library, recreation or aquatics center, or performing art center at the request of and with the express written permission of the property owner.

b.

A food truck or mobile food establishment is not the equivalent of a "Restaurant (drive-in type)" or a "Restaurant or food shop, take-out and delivery" identified in the zoning use charts.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2022-1025-001, § 2, 10-25-2022)

(a)

Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this subsection and are discontinued upon the expiration of a set time period. Temporary uses and special events shall not involve the construction or alteration of any permanent building or structure. Temporary uses operating for less than 90 days within a one-year time period shall obtain a temporary use permit from the city manager. Temporary use permits outline conditions of operations to protect the public health, safety, and welfare.

(b)

Temporary uses defined. Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. In addition to the temporary uses identified in this section, the following uses and activities shall be considered temporary uses:

(1)

Fundraising activities by not-for-profit agencies. Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours.

(2)

Special and seasonal sales events. Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer's markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods.

(3)

Entertainment or amusement events. Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals.

(c)

Approval procedure.

(1)

Application. An application for a temporary use permit shall be submitted to the city manager at least ten working days before the requested start date for a temporary use and shall include the following:

a.

A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event.

b.

A written description of how the temporary use complies with the review criteria in subsection (3).

c.

A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines.

d.

A letter from the property owner agreeing to the temporary use.

e.

Any additional information required by the director.

(2)

Review and action by the city manager. The city manager shall make a determination whether to approve, approve with conditions, or deny the permit within five working days after the date of application. Any applicant denied a permit by the city manager shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the commission.

(3)

Review criteria. Temporary uses shall comply with the following requirements:

a.

Land use compatibility. The temporary use must be compatible with the purpose and intent of this chapter. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points.

b.

Compliance with other regulations. The temporary use shall conform in all respects to all other applicable city regulations and standards.

c.

Restoration of site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site.

d.

Hours of operation and duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the building official at the time of approval of the temporary use permit.

e.

Traffic circulation. The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls.

f.

Off-street parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s).

g.

Public conveniences and litter control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city.

h.

Appearance and nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.

i.

Signs. The city manager shall review all signage, although a sign permit is not required. The city manager may approve the temporary use of attention attracting devices.

(4)

Additional conditions. The city manager may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use.

(5)

Appeals. A denial of a temporary use permit may be appealed to the city council within ten days of the city manager's action. The appeal shall be made in writing to the city manager.

(d)

Use table for temporary uses.

(e)

Special conditions relating to certain temporary uses.

(1)

Construction yards, field offices, model homes, and other temporary buildings. Temporary permits for construction yards, field offices, model homes, and other temporary buildings shall be permitted upon application and issuance of a permit for a period of time not to exceed 24 months. Construction yards, field offices, and other temporary buildings utilized in the development of a project may be granted extensions by the city manager until the issuance of a certificate of occupancy for the respective project. Extensions for model homes may be granted by the city manager. Permits may be revoked by the city manager if the use of the building or structure is contrary to the uses allowed by definition in this chapter.

(2)

Temporary residence.

a.

Limited to the use of a recreational vehicle ("RV") or travel trailer as temporary living quarters by the resident-owner of a single-family residential dwelling unit ("house") that is being repaired or remodeled. For purposes of this subsection (e)(2), a "resident-owner" of a house:

1.

Owns the house,

2.

Resides in the house as a full-time resident,

3.

Identifies the house as their primary residence, and

4.

Has been granted and currently possesses the homestead exemption on the property on which the house is situated.

b.

The RV or travel trailer must be parked on an improved surface or the driveway of the house that is being repaired or remodeled.

c.

The RV or travel trailer must be connected temporarily to water and electricity and the black and gray water tanks thereon must be properly maintained and routinely emptied in accordance with all applicable local, state and federal regulations, rules, laws, ordinances and statutes.

d.

The RV or travel trailer may only be used and occupied by the resident-owner of the house as temporary living quarters while the house is being repaired or remodeled.

e.

The resident-owner of the house is required to submit the application and pay the corresponding fee for the temporary use permit allowing an RV or travel trailer to be used as a temporary residence. The resident-owner of the house must demonstrate to the satisfaction of the city manager that:

1.

The resident-owner of the house and his/her immediate family members cannot reside inside the house during the repair or remodeling of the house and the reasons for their inability to live inside the house; and

2.

The use of a RV or travel trailer as a temporary residence is solely for the use of the resident-owner of the house being repaired or remodeled and his/her immediate family; and

3.

The use of a RV or travel trailer as a temporary residence by the resident-owner of the house and his/her immediate family members will not adversely affect surrounding uses or violate any covenants, conditions and restrictions applicable to the property on which the house is situated; and

4.

The parking of the RV or travel trailer on the driveway of the house that is being repaired or remodeled will not result in the parking of multiple motor vehicles in, on and about the public right-of-way during the term of the temporary use permit, and that the resident-owner of the house has developed a plan which addresses the parking of all vehicles associated with:

a.

The persons or parties performing the work; and

b.

The persons occupying the temporary residence.

f.

The temporary residence will only be used and occupied for up to the lesser of the following events to occur:

1.

Ninety days following the issuance of the temporary use permit; or

2.

The date a final green tag is issued for the repair or remodeling work performed on the house.

g.

The use of the temporary residence shall promptly cease upon the early of the following events to occur:

1.

Ninety days following the issuance of the temporary use permit; or

2.

The date a final green tag is issued for the repair or remodeling work performed on the house is issued.

h.

Extension of time for temporary residence.

1.

If the resident-owner believes the repairs or remodeling being performed on the house will not be complete before the deadline set forth in subsection (e)(1)g., the resident owner of the house may file an application and pay the accompanying fees to request an extension of the temporary use permit from the planning and zoning commission and city council following notice and a public hearing on the requested extension of the temporary use permit at which public hearings all interested persons may speak.

i.

Any request for extension must be completed and filed with the city before the expiration date of the initial temporary use permit.

j.

It shall be the responsibility of the resident-owner of the house to demonstrate to the satisfaction of the planning and zoning commission and the city council that:

1.

The resident-owner of the house and his/her immediate family members are not able to reside inside the house during the repair or remodeling of the house and the reasons for their inability to live inside the house; and

2.

The use of a RV or travel trailer as a temporary residence is solely for the use of the resident-owner of the house being repaired or remodeled and his/her immediate family; and

3.

The use of a RV or travel trailer as a temporary residence by the resident-owner of the house and his/her immediate family members has not and will not adversely affect surrounding uses or violate any covenants, conditions and restrictions applicable to the property on which the house is situated; and

4.

The repair or remodeling work on the house has not been deferred, delayed, postponed or abated at any time during the pendency of the temporary use permit, and all permits for such construction are still valid and being timely inspected; and

5.

The resident-owner of the house has a specific plan for the completion of the repair or remodeling work on the house to allow the resident-owner of the house and his/her immediate family members to vacate the temporary residence and return to the house as soon as reasonably possible even if all of the repair or remodeling work has not been completed; and

6.

The maximum amount of time the resident-owner of the house and his/her immediate family members will need to live in the temporary residence until the house is habitable.

k.

The planning and zoning commission and the city council shall have broad discretion in considering and approving or disapproving an extension of time for a temporary use permit for a temporary residence; and may impose any conditions deemed advisable on the extension of the temporary use permit including periodic updates regarding progress on the repairs and remodeling and the condition of the interior of the house.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Nonconforming status. A nonconforming status shall exist under the following provisions of this article:

(1)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to June 16, 1970, and has been operating since without discontinuance.

(2)

When, on the effective date of the ordinance from which this article is derived, the use or structure was in existence within the provisions of the prior zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.

(3)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the city and has since been in regular and continuous use.

(b)

Use within classifications. Any nonconforming use of land or structures may be continued for definite periods of time subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the nonconforming use. The city manager may grant a change of occupancy from one nonconforming use to another, providing the use is within the same, or higher or more restrictive, classification. It shall not later be changed to a less restrictive classification of use, and the prior, less restrictive classification shall be considered to have been abandoned.

(c)

Structure destroyed; partial destruction; reconstruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this article. In the case of partial destruction of a nonconforming structure, not exceeding 50 percent of its reasonable value, reconstruction will be permitted, but the size or function of a nonconforming use therein cannot be expanded. In addition, a nonconforming structure that is located in a historically significant area or which is a significantly important building may also only be restored or reconstructed so as to have the same appearance that it had immediately prior to the damage or destruction.

Conversely, if a residential structure which was in existence within the provisions of prior zoning district regulations, which does not now conform to the regulations herein prescribed for highway commercial zoning, is destroyed in the above described manner, it shall be allowed to be rebuilt. A nonconforming structure that is located in a historically significant area or which is a significantly important building may also only be restored or reconstructed so as to have the same appearance that it had immediately prior to the damage or destruction.

(d)

Expansion of area. No nonconforming use may be expanded or increased beyond the platted lot or tract upon which such nonconforming use is located nor may a nonconforming junk yard or trailer park be expanded by covering more area than it did as of the effective date of the ordinance from which this article is derived, except to provide off-street parking or off-street loading space upon approval of the board of adjustment. Conversely, a residential structure which was in existence within the provisions of prior zoning district regulations, which does not now conform to the regulations herein prescribed for highway commercial zoning, shall be allowed to expand. A nonconforming structure that is located in a historically significant area or which is a significantly important building may also only be restored or reconstructed so as to have the same appearance that it had immediately prior to the damage or destruction.

(e)

Abandonment. When a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformance to this article. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for, a period of six months shall be considered to have been abandoned.

(f)

Termination and amortization.

(1)

Termination of nonconforming uses. It is the purpose of this article that nonconforming uses be eliminated and required to comply with the regulations and provisions of this Code, having due regard for the property rights of the persons affected, the public welfare, and the character of the surrounding area.

(2)

Amortization of nonconforming uses.

a.

Any person who resides or owns real property in the city may request that the board of adjustment establish a compliance date for a nonconforming use. Upon receiving such a request, the board shall determine whether there is a public necessity for expedited compliance with the zoning regulations. In doing so, the board shall consider the character of the surrounding neighborhood, the degree of incompatibility of the use to the zoning district in which it is located and the effect of the nonconforming use on the surrounding area and the effect of its cessation on that area.

b.

The board shall provide a compliance date for the nonconforming use under a plan whereby the owner's actual investment in the use, before the time the use became nonconforming, can be amortized within a definite time period.

c.

The following factors must be considered by the board in determining a reasonable amortization period:

1.

The owner's capital investment in structures. Fixed equipment and other assets, excluding inventory and other assets that may be feasibly transferred to another site, on the property before the time the use became nonconforming.

2.

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses, relocation expenses, and termination of leases.

3.

Any return on investment since inception of the use, including net income and depreciation.

4.

The anticipated annual recovery of investment, including net income and depreciation.

d.

If the board establishes a compliance date for a nonconforming use, the use must cease operations on that date, and it may not operate thereafter unless it becomes a conforming use.

e.

For purposes of this section, the term "owner" means the owner of the nonconforming use at the time of the board's determination of a compliance date for the nonconforming use.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2020-0114-001, § 3, 1-14-2020)

(a)

A — Agricultural.

(1)

Purpose. The A district is primarily intended to accommodate agricultural uses, such as the keeping of livestock, dairy farming, pasturage and horticulture and the incidental uses necessary to support agricultural activities. It is anticipated that all A districts will be changed to other zoning classifications as the city proceeds toward full development.

(2)

Permitted uses. See section 77-46, Schedule of Permitted Uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(b)

ED — Estate Development.

(1)

Purpose. The ED district is intended primarily for the development of semi-rural, low density, single-family residential detached development and in areas where topography and/or utility capacities limit the use of the land.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(c)

SF-1 — Single Family Dwelling-1.

(1)

Purpose. The SF-1 district is primarily intended to provide for single-family development on large lots, in addition to religious facilities, schools and other institutional uses. The SF-1 district may also serve as a transitional zone between the ED district and urban uses or activities.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(d)

SF-2 — Single Family Dwelling-2.

(1)

Purpose. The SF-2 district is primarily intended to provide for single-family development on medium-sized lots, in addition to religious facilities, schools and other institutional uses.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(e)

SF-3 — Single Family Dwelling-3.

(1)

Purpose. The SF-3 district is primarily intended to provide for single-family development on smaller lots, in addition to religious facilities, schools and other institutional uses.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(f)

2F — Two Family Residence (Duplex).

(1)

Purpose. The 2F district is primarily intended to provide for areas of two-family development that are consistent in design and in development patterns with typical single-family detached development. This district may provide a transitional zone between lower density residential areas and higher density or non-residential areas.

(2)

Permitted uses.

a.

See section 77-46, Schedule of permitted uses for a complete listing.

b.

Single family residential, zero lot line, and townhome development shall comply with the standards set forth in the SF-3 District.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(g)

MF-1 — Multifamily Residence-1.

(1)

Purpose. The MF-1 district is primarily intended to accommodate condominiums and apartments at medium densities with usable open space and landscaping. MF-1 districts should be located along or near major thoroughfares and should not have principal access to standard residential streets.

(2)

Permitted uses.

a.

See section 77-46, Schedule of permitted uses for a complete listing.

b.

Single family residential, zero lot line, townhome, and duplex development shall comply with the standards set forth in the SF-3 and 2F Districts.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(h)

MF-2 — Multifamily Residence-2.

(1)

Purpose. The MF-2 district is primarily intended to accommodate condominiums and apartments at higher densities and taller heights in a park-like setting with usable open space and landscaping. MF-2 districts should be located along or near major thoroughfares and should not have principal access to standard residential streets.

(2)

Permitted uses.

a.

See section 77-46, Schedule of permitted uses for a complete listing.

b.

Single family residential, zero lot line, townhome, and duplex development shall comply with the standards set forth in the SF-3 and 2F Districts.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2022-0208-001, §§ 2, 3, 2-8-2022)

(a)

NS — Neighborhood Service District.

(1)

Purpose. The NS district is primarily intended to provide areas for low density retail, office and service uses compatible in scale, character, and intensity with adjacent residential neighborhoods. Automotive repair and automotive service businesses are generally not appropriate in the NS district.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(b)

GR — General Retail District.

(1)

Purpose. The GR district is primarily intended to provide areas for neighborhood, local and community shopping facilities for the sales of goods and services included convenience stores, shopping centers and limited automotive repair and automobile services.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(c)

C — Commercial District.

(1)

Purpose. The C district is primarily intended to provide a location for a broad range of commercial and service-related uses, such as contract construction, landscape contractors, plumbing shops paint and body shops and automotive repair services, and other similar commercial uses.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(d)

CA — Central Area District.

(1)

Purpose. The CA district is primarily intended to serve as a pedestrian oriented center for retail, office, governmental, cultural, entertainment and residential uses in downtown Farmersville and adjacent neighborhoods. It is designed to ensure that development, redevelopment, and renovation within the district are consistent with the historical character of the city's original business district and surrounding area. The standards of this district apply to specific characteristics of the city's downtown area and are not appropriate for other locations and districts.

(2)

Permitted uses.

a.

See section 77-46, Schedule of permitted uses for a complete listing.

b.

A residence or residential use may be established in a building as an accessory or incidental use only after issuance of a certificate of occupancy and establishment of the primary use of the building; and

c.

A building in the CA District may be used for residential purposes provided however that such residential use shall be limited solely to:

1.

A maximum of 40 percent of the overall square footage of the first floor and placed on that portion of the first floor at the farthest portion of the building away from the building's store front with the remaining 60 percent of the first floor actually being used for retail or other commercial use; and

2.

The second floor and above of the building.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(e)

LI — Light Industrial District.

(1)

Purpose. The LI district is primarily intended for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses, for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(f)

HI-1 — Heavy Industrial District-1.

(1)

Purpose. The HI-1 district is primarily intended to provide areas for manufacturing firms engaged in processing, assembling, warehousing, research and development, and incidental services.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses, for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

See article IV, Development standards, for additional requirements and exceptions.

(g)

HI-2 — Heavy Industrial District-2.

(1)

Purpose. The HI-2 district is primarily intended to provide areas for manufacturing firms engaged in very heavy industrial activities that may be less compatible with residential, commercial and lighter impact industrial uses and sensitive natural areas.

(2)

Permitted uses. See section 77-46, Schedule of permitted uses, for a complete listing.

(3)

Area, yard and bulk requirements.

(4)

Applicable development standards. All uses in the HI-2—Heavy Industrial District-2 shall meet or exceed all of the minimum requirements established in article IV, Development standards, of this Zoning Ordinance for the HI-2—Heavy Industrial District-2 including without limitation, except as otherwise specifically provided herein to the contrary, the requirements set forth in sections 77-61 through 77-80. Notwithstanding the foregoing, section 71-71(h) shall not generally apply to uses in the HI-2—Heavy Industrial-2 District. However, any areas that are not used for buildings, facilities, structures, parking and roadways shall be devoted to living landscape, which shall at a minimum include grass, ground cover, plants, shrubs, or trees.

(5)

Prohibited uses. Uses that are not expressly enumerated herein as permitted uses are prohibited.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2018-1023-002, § 2B, 10-23-2018; O-2021-0413-001, § 4, 4-13-2021)

(a)

Highway commercial overlay district.

(1)

Purpose. The highway commercial (HC) overlay district is intended to provide for retail, service, and office uses within the Highway 380 and Highway 78 corridors, with the high traffic volumes and high visibility. The regulations and standards of this district are designed to enhance the aesthetic and functional characteristics of this transportation corridor. Overlay zoning district regulations apply in combination with underlying (base) zoning district regulations and all other applicable standards of this chapter. All applicable regulations of the underlying base zoning district apply to property in an overlay zoning district unless otherwise expressly stated. When overlay district standards conflict with standards that otherwise apply in the underlying, base zoning district, the regulations of the overlay zoning district govern unless the regulations of the base zoning district are more stringent, in which event the more stringent or restrictive standards shall apply.

(2)

Permitted uses. All applicable land uses of the underlying base zoning district apply to property in the HC overlay zoning district unless otherwise expressly stated. See section 77-46, Schedule of permitted uses, for a complete listing.

The following uses are allowed by right within the HC overlay zoning district unless the base zoning district is HI-2—Heavy Industrial-2 District, in which base zoning district the following uses are allowed, or not, as reflected in section 77-46, Schedule of permitted uses:

a.

Big box retail development.

(3)

Specific use permit required. The following uses require a specific use permit within the HC overlay zoning district unless the base zoning district is HI-2—Heavy Industrial-2 District, in which base zoning district the following uses are allowed, or not, as reflected in section 77-46, Schedule of permitted uses:

a.

Automobile repair, major.

b.

Building materials and hardware sales, outside storage.

c.

Equipment and machinery sales and rental, major.

d.

Print shop, major.

e.

Warehouse/distribution center.

(4)

Prohibited uses. The following uses are prohibited within the HC overlay zoning district unless the base zoning district is HI-2—Heavy Industrial-2 District, in which base zoning district the following uses are allowed, or not, as reflected in section 77-46, Schedule of permitted uses:

a.

Car wash, self-service.

b.

Contractor's shop and storage yard.

c.

Game rooms.

d.

Mini-warehouse/self-storage.

(5)

Area, yard and bulk requirements.

(6)

Highway commercial overlay district regulations.

a.

Façade design and exterior materials and products—75 percent of any front and side exterior wall must be faced with individual unit masonry consisting of brick, native or precast stone, glass and textured concrete masonry. Precast tilt wall systems may be used for 100 percent of the rear façade if it does not face a public street. Precast panels on all sides of the building shall be scored or seamed to provide visual interest and a repeating pattern.

b.

Buildings shall be articulated at all entrances facing streets by a minimum of two offsets (façade articulations that extend outward from the building must be set back at some point in a corresponding manner) in the façade of a minimum two feet in depth. Main building entrances shall be covered by an awning, canopy or building overhang.

c.

The planning and zoning commission may consider waivers of the building façade material and design requirements for expansions and reconstruction of buildings that existed within the HC district on the date of adoption of the ordinance from which this chapter is derived in accordance with the requirements below:

1.

The expansion or reconstruction does not increase the square footage of the existing building by more than 50 percent; and

2.

Strict compliance with these standards would result in significant inconsistency in appearance between existing and proposed sections of the building.

d.

The standards set out in subparagraphs a, b and c of this paragraph (a)(6) shall not be required for the following uses if the base zoning district in which the use is situated is HI-2—Heavy Industrial-2 District:

1.

Concrete/asphalt batching plant;

2.

Concrete/asphalt batching plant, temporary; and

3.

Sand and gravel storage.

e.

Prohibited exterior materials and products. The following materials and products shall not be used for exterior walls or exterior accents on any building within the HC district: metal panels, wood siding, Masonite, particle board, stucco foam insulation systems, vinyl siding, and aluminum siding. Metal panels may only be used for decorative architectural features, awnings and canopies and may not constitute the exterior building material of any wall. Notwithstanding the foregoing, architectural metal panels (not corrugated metal or galvanized metal) may be used in conjunction with uses situated within the base zoning district of HI-2—Heavy Industrial-2 District.

f.

Building orientation. Bays for car washes, auto repair and other automotive uses shall not be oriented to face public streets.

g.

Mechanical screening. Roof mounted mechanical units shall be screened from view at a point five feet five inches above the property line by solid panels, parapet walls, mansard roofs or other architectural feature. Ground mounted mechanical units, compressors, generators and other equipment must be screened by a minimum six-foot tall solid screening wall or solid, irrigated landscape screen of shrubs that will achieve a height of six feet within two years of planting.

h.

Open storage and outside display. No outside storage and display, sales, or operations shall be permitted unless such activity is visually screened from all streets and adjacent residential property in accordance with section 77-68. Outside garden centers are allowed only if attached to the main building and screened by masonry walls constructed of the same materials and manner of construction as the main building. The walls may be interspersed with ornamental metal panels.

i.

Loading area placement and screening. Loading areas shall be located on the side and/or rear sides of buildings within the HC district. The loading areas shall be screened from view of public streets and from adjacent residential uses by wing walls, landscaping or other screening features.

j.

Screening of automobile storage areas. Storage areas for automobiles that have been towed, are being staged before or after repairs, and/or stored for auction shall be screened by a minimum six-foot tall masonry wall or a solid, irrigated landscaped screen of shrubs that will achieve a height of six feet within two years of planting.

k.

Cross access. Cross access easements shall be required between properties within the HC district to allow access to existing and proposed median openings and left turn lanes and to provide access to two public streets. Access drives/aisles/access easements should be extended to the development's property boundary in order to provide for connectivity with future development(s). The planning and zoning commission may determine that cross access is not appropriate for security reasons or where topography and existing site conditions make cross access difficult.

l.

Utility services. All utility service lines shall be underground.

m.

Extra requirements for uses in the HC district having a base zoning district of HI-2—Heavy Industrial-2 District. In addition to complying with the other requirements set forth in this section 77-54, any use in the HI-2—Heavy Industrial-2 base zoning district shall to the extent it is situated within the HC district provide a minimum six-foot tall masonry screening wall such that all HI-2—Heavy Industrial-2 District activity on and about the property is visually screened from U.S. Highway 380 and State Highway 78.

(7)

Highway commercial overlay district landscape regulations. Landscaping shall conform to the following:

a.

Landscaping shall be required on all developments and shall be completed prior to the issuance of the certificate of occupancy. All detention ponds shall be landscaped.

b.

Landscaping adjacent to public rights-of-way.

1.

Every site adjacent to the highway right-of-way shall include a buffer strip, landscaped and irrigated, being ten feet in depth adjacent to the highway right-of-way.

2.

A minimum 10-foot landscape buffer adjacent to the right-of-way of any minor thoroughfare is required. If the lot is a corner lot, all frontages on minor thoroughfares and private drives of two lanes or greater shall be required to observe the ten-foot buffer.

3.

Developers shall be required to plant one large canopy tree per 40 linear feet or portion thereof of street frontage, not including entry drives or visibility triangles. These required trees must be planted within the landscape setback along thoroughfares, unless otherwise approved. Trees may be grouped or clustered to facilitate site design. Ornamental trees may be substituted for canopy trees at the ratio of two to one along the street frontage for up to 50 percent of the required canopy trees.

c.

Screening of parking areas and drive aisles adjacent to public right-of-way

1.

Landscaped screening is required for all parking areas and drive aisles within 50 feet of the property line.

d.

Landscaping adjacent to buildings.

1.

Foundation plantings with a minimum six-foot depth are required along 50 percent of a building façade facing a major or minor thoroughfare.

2.

Entries should be accented.

e.

General landscaping standards.

1.

All trees shall be a minimum of four feet from all pavement and underground utilities.

2.

Canopy trees shall be a minimum of three inches in caliper (measured six inches above the ground) and seven feet in height at time of planting.

3.

Accent or ornamental trees shall be a minimum of one-inch in caliper (measured six inches above the ground) and five feet in height at time of planting.

4.

Evergreen shrubs shall be a minimum height of 24 inches at time of planting.

f.

The standards set out in subparagraphs c and d of this paragraph (a)(7) shall not be required for the following uses if the base zoning district in which the use is situated is HI-2—Heavy Industrial-2 District:

1.

Concrete/asphalt batching plant;

2.

Concrete/asphalt batching plant, temporary; and

3.

Sand and gravel storage.

(b)

Planned development district.

(1)

Purpose. The PD district is a district that accommodates coordinated development that provides a more flexible regulatory structure than the zoning districts outlined in this chapter. A PD may be used to permit new or innovative concepts in land utilization or diversification than achieved under conventional zoning approaches. Procedures are established herein to ensure appropriate use of PD zoning.

a.

The PD designation shall be used for the following purpose(s):

1.

Master planning;

2.

To carry out specific goals of the comprehensive plan, city or public/private partnered special projects, and city council strategic focus areas;

3.

Development of mixed use or traditional neighborhoods with a variety of uses and housing types; and/or

4.

To preserve natural features, open space, and other topographical features of the land.

b.

The PD designation shall not be used solely for the following purpose(s):

1.

To obtain variances and waivers from existing development standards;

2.

To secure agreements between an applicant and nearby property owners to receive zoning approval; and/or

3.

To assign responsibility to the city of private deed restrictions or covenants.

(2)

Establishment. The city council may approve, approve with conditions, or deny the establishment or amendment of PD districts in accordance with the procedures contained within section 77-21 and as further described within this article. The boundary of each PD district shall be defined on the zoning map and identified with the letters PD followed by a unique number referencing the adopting ordinance and regulations.

(3)

Standard of approval. The approval, approval with conditions, or denial of PD districts shall be at the sole discretion of the city council based upon its judgment of the merit of the proposed district as related to the stated purposes in subsection (b)(1).

(4)

Minimum district size. Following the effective date of the ordinance from which this chapter is derived, no PD district may be established smaller than five acres unless a specific finding is made by the city council that the establishment of the district is required to implement the comprehensive plan, a strategic focus area, a special project, or any other purpose.

(5)

PD district types. A PD district may be created as an overlay district or as a freestanding district as described below:

a.

Overlay PD districts. An overlay PD district superimposes regulations onto a standard zoning district defined in section 77-52 and section 77-53. A PD overlay may modify, supplement, and/or delete the regulations of a standard zoning district (referred to as the base district). Except as specified by the terms of the ordinance establishing a PD overlay, the regulations of the base district shall apply, and any subsequent general amendment to the base district shall apply. A PD district established as an overlay district shall be designated by letters PD followed by a unique number and the initials of the base district (i.e., PD-000-R).

b.

Freestanding PD districts. A freestanding PD district is a unique zoning classification. The zoning regulations affecting development within the district are limited to those specifically defined within the ordinance establishing the district (which may include by reference other regulations) and may only be changed by amending the district. A freestanding PD district may only be established where the use of the overlay method cannot reasonably achieve the purposes of this chapter and the PD district is in accordance with the comprehensive plan. A PD district established as a freestanding district shall be designated by the letters PD followed by a unique number (i.e., PD-000).

(6)

Regulations affected. PD districts may be used to modify and supplement the regulations contained within the following ordinances:

a.

Zoning ordinance.

b.

Subdivision ordinance.

c.

Thoroughfare standards.

(7)

Site plan and plat required. Article V, Site plan review, shall apply to the development of land for nonresidential or multifamily use within any PD district.

(8)

Initial plan review. A concept plan shall be normally required as part of an application for establishing or amending a PD district. Additional information, studies, and plans may be required by the planning and zoning commission or the city council to determine the merit of establishing a PD district and as required to develop regulations to be incorporated in the ordinance establishing or amending a PD district. The requirement for submitting a concept plan may be waived by the planning and zoning commission or the city council if they determine sufficient information exists to evaluate the proposed establishment or amendment of a PD district.

(9)

Plan approval. Plans and land studies submitted in conjunction with establishing or amending a PD district may be approved by city council either by separate administrative action, or by reference as part of the ordinance establishing the PD district. All subsequent plans prepared for the development of property within a PD district must substantially conform to the approved plan in accordance with the standards and procedures of Article V.

(10)

Amendment of plans. Plans which are administratively approved may be revised and re-approved by the planning and zoning commission by administrative action in accordance with the provisions of Article V and provided that the amended plan conforms to the regulations set forth within the PD ordinance.

(11)

Expiration of plans. Plans which are approved by administrative action shall expire in accordance with the provisions of Article V. Where the plan has expired and no extension is approved, the property owners of the PD must receive approval of a new plan prior to applying for development permits. Any new plan or study must conform to the regulations existing at the time of application.

(12)

Administration. It is the responsibility of the city manager and the planning and zoning commission to administer the regulations governing PD districts.

(13)

Partial rezoning. Owners of property within a PD district may request rezoning of the portion of the district they own to separate it from the remaining property within the PD district. In considering the request, the planning and zoning commission and city council shall evaluate the effect of the rezoning on the remaining property and may require adjustments to terms and conditions of the original PD resulting from a change in boundary.

(c)

Historic Preservation Overlay Zoning District (HD).

(1)

The City Council of the City of Farmersville hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks and districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. The city therefore establishes the Historic Preservation Overlay Zoning District designated by the suffix "HD."

(2)

The Historic Preservation Overlay Zoning District is intended initially to protect the "Downtown Historic District" or the "Farmersville Commercial District" as listed in the Nation Register of Historic Places by the U.S. Department of Interior, Reference Number 100000670 as of February 21, 2017. The city plans to provide notice and hold public hearings as required by state law to apply the Historic Preservation Overlay Zoning District to that geographic area in the future, and to such other historic landmarks, historic properties and other historic districts as may be requested by the owners of such additional properties in the future.

(3)

The rules and regulations applicable to and within the Historic Preservation Overlay Zoning District are set out in detail in article VII, "Historic Preservation Overlay Zoning District (HD) Standards" of this chapter 77, "Zoning," of the Farmersville Code.

(4)

The Historic Preservation Overlay Zoning District is intended to:

a.

Protect and enhance the landmarks and districts which represent distinctive elements of Farmersville's historic, architectural, and cultural heritage;

b.

Foster civic pride in the accomplishments of the past;

c.

Protect and enhance Farmersville's attractiveness to visitors thereby providing support for and stimulating the economic benefits of local commerce and tourism;

d.

Insure the harmonious, orderly, and efficient growth and development of the city that is sensitive to its historic resources;

e.

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of historic properties within the city; and

f.

Encourage stabilization, restoration, and improvements of such properties and their values by offering incentives for rehabilitation.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2018-1023-002, § 4, 10-23-2018; O-2021-0413-001, § 7, 4-13-2021; Ord. No. O-2022-0927-002, § 2, 9-27-2022)

Cross reference— Historic Preservation Overlay Zoning District (HD) Standards, 77-110 et seq.