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Hutchins City Zoning Code

PART III

ZONING DISTRICTS

§ 13 ZONING DISTRICTS ESTABLISHED.

13.1 
The City of Hutchins, Texas is hereby divided into the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:
Abbreviated Designation
Zoning District Name
A
Agriculture
SF-10
Single-Family Residential-10 (minimum 10,000 square-foot lots)
SF-8.5
Single-Family Residential-8.5 (minimum 8,500 square-foot lots)
SF-7
Single-Family Residential-7 (minimum 7,000 square-foot lots)
SF-PH
Single-Family Residential-Patio Home (zero-lot-line homes)
D
Two-Family Residential (duplex homes)
SFA
Single-Family Attached Residential (townhomes)
MF
Multifamily Residential (apartments)
MH
Manufactured Home
O
Office
R
Retail
C-1
Commercial-1
HC
Highway Commercial
LI
Light Industrial
HI
Heavy Industrial
PD
Planned Development
SUP
Specific Use Permit
13.2 
A tabular summary of the area regulations for the following zoning districts is included within Appendix A-5.
13.3 
Certain terms and definitions used within this Ordinance can be found in Appendix A-3.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 14 A – AGRICULTURE DISTRICT.

14.1 
GENERAL PURPOSE AND DESCRIPTION:
The A, Agriculture, district is designed to permit the use of land for the propagation and cultivation of crops and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district. Territory that has been newly annexed into the City is initially zoned Agriculture until it is assigned another more permanent zoning district. It is anticipated that Agriculture zoned land will eventually be rezoned to another more permanent, urban zoning classification in the future.
14.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
14.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
Forty-five feet (45') for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than one hundred feet (100') from any residential structure on the premises, and they are set back at least one hundred feet (100') or three (3) times their height (whichever is greater) from any residential structure on adjacent property.
3. 
Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.
4. 
Other (see Section 37.5).
14.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
One (1) acre (i.e., 43,560 square feet)
2. 
Minimum Lot Width -
One hundred fifty feet (150')
3. 
Minimum Lot Depth -
Two hundred feet (200')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard -
Ten percent (10%) of the lot width, but need not exceed thirty feet (30'); 50% of the front yard setback (i.e., 12.5') from a street right-of-way for a corner lot
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building
C. 
Minimum Floor Area per Dwelling Unit -
Two thousand (2,000) square feet
D. 
Maximum Lot Coverage:
Twenty percent (20%) by main buildings; thirty percent (30%) including accessory buildings, driveways and parking areas
E. 
Parking Regulations
1. 
Single-Family Dwelling Unit -
A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure
2. 
Other -
See Section 33, Off-Street Parking and Loading Regulations
14.5 
SPECIAL REQUIREMENTS:
A. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.
C. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, etc.).
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
E. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the A district.
F. 
All single-family structures shall have a minimum roof pitch of 6:12.
G. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 15 SF-10 – SINGLE-FAMILY RESIDENTIAL-10 DISTRICT.

15.1 
GENERAL PURPOSE AND DESCRIPTION:
The SF-10, Single-Family Residential-10, district is intended to provide for development of primarily detached, single-family residences on lots of not less than ten thousand (10,000) square feet.
15.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
15.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
15.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
Ten thousand (10,000) square feet
2. 
Minimum Lot Width -
Seventy-five feet (75')
3. 
Minimum Lot Depth -
One hundred ten feet (110')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard -
Ten percent (10%) of the lot width, but need not exceed twenty feet (20'); 50% of the front yard setback (i.e., 12.5') from a street right-of-way for a corner lot
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building.
C. 
Minimum Floor Area per Dwelling Unit -
One thousand eight hundred (1,800) square feet.
D. 
Maximum Lot Coverage:
Thirty percent (30%) by main buildings; thirty-five percent (35%) including accessory buildings, driveways and parking areas
E. 
Parking Regulations:
1. 
Single-Family Dwelling Unit -
A minimum of two (2) enclosed parking spaces behind the front building line and on the same lot as the main structure
2. 
Other -
(See Section 33, Off-Street Parking and Loading Requirements)
15.5 
Special Requirements:
A. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.
C. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
E. 
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
F. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 district.
G. 
All single-family structures shall have a minimum roof pitch of 6:12.
H. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 16 SF-8.5 – SINGLE-FAMILY RESIDENTIAL-8.5 DISTRICT.

16.1 
GENERAL PURPOSE AND DESCRIPTION:
The SF-8.5, Single-Family Residential-8.5, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than eight thousand five hundred (8,500) square feet.
16.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
16.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
16.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
Eight thousand five hundred (8,500) square feet
2. 
Minimum Lot Width -
Seventy feet (70')
3. 
Minimum Lot Depth -
One hundred ten feet (110')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard -
Ten percent (10%) of the lot width, but need not exceed fifteen feet (15'); 50% of the front yard setback (i.e., 12.5') from a street right-of-way for a corner lot
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building.
C. 
Minimum Floor Area per Dwelling Unit -
One thousand five hundred (1,500) square feet.
D. 
Maximum Lot Coverage -
Thirty-five percent (35%) by main buildings and accessory buildings
E. 
Parking Regulations:
1. 
Single-Family Dwelling Unit -
A minimum of two (2) enclosed parking spaces behind the front building line and on the same lot as the main structure
2. 
Other -
(See Section 33, Off-Street Parking and Loading Requirements)
16.5 
SPECIAL REQUIREMENTS:
A. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.
C. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
E. 
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
F. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-8.5 district.
G. 
All single-family structures shall have a minimum roof pitch of 6:12.
H. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 17 SF-7 – SINGLE-FAMILY RESIDENTIAL-7 DISTRICT.

17.1 
GENERAL PURPOSE AND DESCRIPTION:
The SF-7, Single-Family Residential-7, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than seven thousand (7,000) square feet.
17.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
17.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
17.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
Seven thousand (7,000) square feet
2. 
Minimum Lot Width -
Sixty feet (60')
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard -
Ten percent (10%) of the lot width, but need not exceed fifteen feet (15'); 50% of the front yard setback (i.e., 12.5') from a street right-of-way for a corner lot
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building.
C. 
Minimum Floor Area per Dwelling Unit.
One thousand two hundred and fifty (1,250) square feet.
D. 
Maximum Lot Coverage:
Thirty-five percent (35%) by main buildings and accessory buildings
E. 
Parking Regulations:
1. 
Single-Family Dwelling Unit -
A minimum of two (2) enclosed parking spaces behind the front building line and on the same lot as the main structure
2. 
Other -
(See Section 33, Off-Street Parking and Loading Requirements)
17.5 
SPECIAL REQUIREMENTS:
A. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
B. 
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.
C. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).
D. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
E. 
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
F. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-7 district.
G. 
All single-family structures shall have a minimum roof pitch of 6:12.
H. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 18 SF-PH – SINGLE-FAMILY RESIDENTIAL-PATIO HOME DISTRICT (ZERO-LOT-LINE HOMES).

18.1 
GENERAL PURPOSE AND DESCRIPTION:
The SF-PH, Single-Family Residential-Patio Home, district is designed to provide for development of primarily detached single-family residences on more compact lots having one side yard reduced to zero feet (i.e., “zero-lot-line”), and having not less than four thousand five hundred (4,500) square feet. Patio home developments shall be arranged in a clustered lot pattern with a common usable open space system that is an integral part of the development.
18.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
18.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
18.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
Four thousand five hundred (4,500) square feet
2. 
Minimum Lot Width -
Forty feet (40')
3. 
Minimum Lot Depth -
One hundred ten feet (110')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard -
One side yard reduced to zero feet (0'); other side yard a minimum of ten feet (10') required with fifteen feet (15') required on corner lots adjacent to a street
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building.
C. 
Minimum Floor Area per Dwelling Unit -
One thousand two hundred and fifty (1,250) square feet.
D. 
Maximum Lot Coverage:
Fifty percent (50%) by main buildings and accessory buildings
E. 
Parking Regulations:
1. 
Single-Family Dwelling Unit -
A minimum of two (2) enclosed parking spaces behind the front building line and on the same lot as the main structure
2. 
Visitor Parking -
One half (1/2) parking space per dwelling unit (off-street) which is located within six hundred feet (600') of the dwelling unit
3. 
Other -
(See Section 36 [33], Off-Street Parking and Loading Requirements)
18.5 
SPECIAL REQUIREMENTS:
A. 
Patio home developments shall be developed as zero-lot-line homes. One side yard shall be reduced to zero feet, while the other side yard shall be a minimum of ten feet (10'); fifteen feet for a corner lot on the street side). A minimum six-foot (6') wide maintenance easement shall be placed on the adjacent lot (i.e., the other side of the zero-lot-line) to enable the property owner to maintain that portion of his/her house which is on the zero-lot-line. Side yards and maintenance easements shall be shown on the subdivision plat. A minimum separation between patio homes of ten feet (10') shall be provided. Roof overhangs will be allowed to project into the maintenance easement a maximum of twenty-four inches (24").
B. 
Maintenance Requirements for Common Areas -
A property owners association is required for continued maintenance of common land and/or facilities.
C. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
D. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).
E. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
F. 
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
G. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH district.
H. 
All single-family structures shall have a minimum roof pitch of 6:12.
I. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 19 D–TWO-FAMILY RESIDENTIAL (DUPLEX) DISTRICT.

19.1 
GENERAL PURPOSE AND DESCRIPTION:
The D, Two-Family Residential (Duplex), district is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of each of the two-family or duplex units is encouraged. This district may be included within single-family neighborhoods or, when in accordance with the intent of the Comprehensive Plan, may provide a “buffer” or transition district between lower density residential areas and higher density or nonresidential areas or major thoroughfares.
19.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
19.3 
HEIGHT REGULATIONS:
A. 
Maximum Height
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
19.4 
AREA REGULATIONS:
A. 
Size of Lots for Two-Family/Duplex Homes:
1. 
Minimum Lot Area -
Six thousand (6,000) square feet per duplex lot (i.e., three thousand [3,000] square feet of lot area per dwelling unit)
2. 
Minimum Lot Width -
Sixty feet (60') for each duplex lot (i.e., thirty feet (30') of lot width per dwelling unit)
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Lots for Single-Family Detached Homes:
1. 
Minimum Lot Area -
Seven thousand (7,000) square feet
2. 
Minimum Lot Width -
Sixty feet (60')
3. 
Minimum Lot Depth -
One hundred feet (100')
C. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard -
Ten percent (10%) of the lot width, but need not exceed fifteen feet (15'); 50% of the front yard setback (i.e., 12.5') from a street right-of-way for a corner lot
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building.
D. 
Minimum Floor Area per Dwelling Unit:
1. 
Two-Family/Duplex Homes or Single-Family Detached Homes -
One thousand one hundred and fifty (1,150) square feet.
E. 
Maximum Lot Coverage:
1. 
Two-Family/Duplex Homes -
Fifty percent (50%) by main buildings and accessory buildings
2. 
Single-Family Detached Homes -
Thirty-five percent (35%) by main buildings and accessory buildings
F. 
Parking Regulations:
1. 
Two-Family/Duplex Homes or Single-Family Detached Homes - A minimum of two (2) enclosed parking spaces for each dwelling unit behind the front building line and on the same lot as each dwelling unit.
2. 
Other -
(See Section 33, Off-Street Parking and Loading Requirements).
19.5 
SPECIAL REQUIREMENTS:
A. 
Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-7 zoning district (except as provided in Section 19.4(B.) above).
B. 
Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes.
C. 
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.
D. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).
E. 
Single-family and two-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
F. 
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
G. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the D district.
H. 
All single-family structures shall have a minimum roof pitch of 6:12.
I. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 20 SFA – SINGLE-FAMILY ATTACHED RESIDENTIAL DISTRICT (TOWNHOUSE).

20.1 
GENERAL PURPOSE AND DESCRIPTION:
The SFA, Single-Family Attached Residential, district is intended to promote stable, quality, attached-occupancy residential development on individual lots at slightly increased densities. Individual ownership of each lot is encouraged. This district may be included within certain areas of neighborhoods or, when in accordance with the intent of the Comprehensive Plan, may provide a “buffer” or transition district between lower density residential areas and multifamily or nonresidential areas or major thoroughfares.
20.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
20.3 
HEIGHT REGULATIONS:
A. 
Maximum Height
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
20.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
Three thousand (3,000) square feet
2. 
Minimum Lot Width -
Thirty feet (30')
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25')
2. 
Minimum Side Yard:
a. 
Single-family attached dwellings need not have a side yard, except that a minimum fifteen-foot (15') side yard is required adjacent to a street. The ends of any two adjacent building complexes or rows of buildings shall be at least fifteen feet (15') apart. The required side yards shall be shown on the subdivision plat.
b. 
A complex of attached single-family dwellings shall have a minimum length of three (3) dwelling units, and shall not exceed two hundred feet (200') in length or the width of six (6) attached units, whichever is less.
3. 
Minimum Rear Yard -
Twenty-five feet (25') for the main building and any accessory building(s); ten feet (10') from a main building to an accessory building.
C. 
Maximum Lot Coverage:
Seventy percent (70%) by main and accessory buildings on each individual lot.
D. 
Parking Regulations:
1. 
A minimum of two (2) enclosed parking spaces for each dwelling unit behind the front building line and on the same lot as each dwelling unit.
2. 
Additional parking shall be required for any recreational uses, club house, office, sales offices and/or visitors.
3. 
Designated visitor parking spaces shall be provided in off-street, common areas at a ratio of one (1) guest/visitor space per four (4) units.
E. 
Minimum Floor Area per Dwelling Unit -
One thousand one hundred and fifty (1,150) square feet.
F. 
Maintenance Requirements for Common Areas -
A property owners association is required for continued maintenance of common land and/or facilities.
G. 
All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.
H. 
Single-family detached dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-7 district (i.e., minimum lot size 7,000 square feet, minimum lot width of 60 feet, etc.).
I. 
Each SFA lot shall contain a private yard with not less than four hundred (400) square feet of area (i.e., a back yard or large side yard). Private yards may include a patio cover, gazebo or other similar nonenclosed structure which does not cover more than twenty-five percent (25%) of the area of the private yard, and they may also include a swimming pool, swing set, play fort, or other leisure amenity.
20.5 
SPECIAL REQUIREMENTS:
A. 
The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.
B. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
C. 
Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.
D. 
Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).
E. 
Single-family homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.
F. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SFA district.
G. 
All single-family structures shall have a minimum roof pitch of 6:12.
H. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 21 MF MULTIFAMILY RESIDENTIAL DISTRICT (APARTMENTS).

21.1 
GENERAL PURPOSE AND DESCRIPTION:
The MF, Multifamily Residential, district is an attached residential district intended to provide the highest residential density of twenty-one (21) dwelling units per acre. The principal permitted land uses will include low- and mid-rise multiple-family dwellings and garden apartments.
Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic and medium or low density residential development.
21.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
21.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Three (3) stories or forty-five feet (45') for the main building(s).
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
21.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Area -
Two thousand (2,000) square feet per dwelling unit, not to exceed twenty-one (21) dwelling units per acre (calculated on gross acreage). The minimum lot (i.e., project) size shall be six thousand (6,000) square feet
2. 
Minimum Lot Width -
Sixty feet (60')
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Thirty feet (30'). All areas adjacent to a street shall be deemed front yards.
2. 
Minimum Side Yard -
Fifteen feet (15'); sixty feet (60') when building is in excess of one story in height and adjacent to a single-family zoning district
3. 
Minimum Rear Yard -
Twenty-five feet (25'); eighty feet (80') when the building is in excess of one story and adjacent to a single-family zoning district
4. 
Building Separation:
a. 
One-story buildings - Fifteen feet (15'), for buildings with or without openings
b. 
Two-story buildings (or a two-story building adjacent to a one-story building) - Twenty feet (20'), for buildings with or without openings
c. 
Three-story buildings (or a three-story building adjacent to a one- or two-story building) - Twenty-five feet (25'), for buildings with or without openings
C. 
Minimum Floor Area per Dwelling Unit:
1. 
Efficiency unit -
Five hundred fifty (550) square feet per unit.
2. 
One-bedroom unit -
Six hundred (600) square feet per unit.
3. 
Two- or more bedroom unit -
Eight hundred (800) square feet for the first two bedrooms, plus an additional two hundred (200) square feet for every bedroom over two (e.g., three-bedroom unit must have 1,000 square feet, etc.).
D. 
Parking Regulations:
1. 
1.75 spaces for each efficiency or 1 bedroom unit
2. 
2 spaces for each 2 bedroom unit
3. 
2.5 spaces for each 3 bedroom unit
4. 
3 spaces for each 4 or more bedroom unit
5. 
See Section 33, Off-Street Parking and Loading Requirements, for additional requirements.
E. 
Maximum Lot Coverage:
Fifty percent (50%) total, including main and accessory buildings
21.5 
REFUSE FACILITIES:
A. 
Every multifamily dwelling unit shall be located within two hundred and fifty feet (250') of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling. Refuse dumpsters shall be no closer than thirty feet (30') to any adjacent single-family property.
B. 
Each refuse facility shall be screened from view on three (3) sides (gate on fourth side is optional) from persons standing at ground level on the site or immediately adjoining property, by a solid screening device constructed of materials approved by the City Administrator, or his/her designee, and not less than six (6) feet in height, or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (See Illustration 11 for refuse container enclosure diagram).
21.6 
SPECIAL REQUIREMENTS:
A. 
Single-family or duplex units constructed in this district shall conform to SF-7 and D district standards, respectively (see Section 17 or Section 19, as applicable).
B. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.
C. 
Open storage is prohibited.
D. 
The front door of each dwelling unit shall be no more than one hundred fifty feet (150') from a fire lane (measured by an unobstructed pathway, or route, for fire hoses).
E. 
A paved walkway shall connect the front door of each ground floor unit to a parking area.
F. 
Buildings shall not exceed two hundred feet (200') in length.
G. 
Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be visible from a public street.
H. 
All buildings containing residential units shall provide signage which clearly identifies the numbers (i.e., addresses) of the units within each building. Signage shall be visible from entrances into the complex and/or from vehicular drive aisles within the complex such that each individual unit is easy to locate by visitors, delivery persons, and/or emergency personnel.
I. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF district.
J. 
Other Regulations:
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 22 MH – MANUFACTURED HOME DISTRICT.

22.1 
GENERAL PURPOSE AND DESCRIPTION:
The MH, Manufactured Home, district is a detached residential district establishing standards for the development of manufactured, HUD-code mobile home parks and subdivisions. Manufactured/mobile home subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured/mobile home units. A manufactured, or mobile, home park offers spaces for the placement of manufactured/mobile home units on a lease or rental basis. The Manufactured Home district establishes area and design requirements for parks and subdivisions, as well as yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained.
22.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
22.3 
AREA REGULATIONS:
A. 
Size of Yards (for each space within manufactured/mobile home park or subdivision):
1. 
Minimum Front Yard -
Twenty-five feet (25') from a dedicated street; fifteen feet (15') from any private street or drive
2. 
Minimum Side Yard -
Ten feet (10'); twenty feet (20') between units; twenty-five feet (25') from any zoning district boundary line
3. 
Minimum Rear Yard -
Ten feet (10'); twenty-five feet (25') from any zoning district boundary line
4. 
If a garage is provided, the entry (i.e., door) side of the garage shall have a twenty-five-foot (25') setback
5. 
An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak or porch which has a floor area exceeding twenty-five (25) square feet, and which has an opaque top or roof, shall for purposes of all separation requirements be considered to be part of the manufactured/mobile home unit.
B. 
Size of Lot
(for each space within a manufactured/mobile home park):
1. 
Minimum Lot Area -
Three thousand (3,000) square feet per unit
2. 
Minimum Lot Width -
Thirty-five feet (35')
3. 
Minimum Lot Depth -
Eighty feet (80')
C. 
Minimum Floor Area per Dwelling Unit:
One thousand (1,000) square feet.
D. 
Maximum Lot Coverage:
Fifty percent (50%) for main building/unit plus any accessory buildings.
E. 
Parking Regulations:
Two (2) spaces per unit located on the same lot as the unit served (see Section 33, Off-Street Parking and Loading).
F. 
Minimum Lot Area for a Manufactured Home Subdivision -
Twenty thousand (20,000) square feet.
G. 
Area for Manufactured Home Park -
Minimum, three (3) acres; maximum, thirty-five (35) acres.
H. 
Maximum Height Limit:
1. 
Two and one-half (2 1/2) stories, or thirty-five feet (35') for the main building/house.
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
22.4 
SPECIAL REQUIREMENTS FOR MANUFACTURED/MOBILE HOME PARKS:
A. 
Tenant Parking -
Each parking space shall be an approved all-weather surface, in accordance with City standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured/mobile homes and for public parking in the park (see Section 33, Off-Street Parking and Loading Requirements).
B. 
Visitor and Supplemental Parking -
In addition to parking spaces required for each manufactured/mobile home unit, there shall be paved parking provided for the manufactured/mobile home community in general (see Section 33, Off-Street Parking and Loading Requirements):
1. 
Two (2) visitor parking space[s] for every three (3) manufactured/mobile home spaces.
2. 
One (1) supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four (4) manufactured/mobile home spaces.
3. 
Supplemental spaces may be located anywhere within the manufactured/mobile home community provided that no manufactured/mobile home space shall be situated further than one hundred fifty feet (150') from a visitor space.
4. 
Each parking space will be not less than nine feet by eighteen feet (9' x 18'), which is not to be included in the lot size.
C. 
Access -
Each manufactured/mobile home community shall have direct access from a public street or an internal street. Where an internal private street provides access, the same shall be paved in accordance with City standards, and it shall be dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used in providing emergency health or public safety services. Each emergency access/fire lane easement shall have a clear unobstructed width of twenty-four feet (24'), shall connect to a dedicated public street, and shall have a turning area and radii of a minimum of fifty feet (50') to permit free movement of emergency vehicles. Dead end streets are not allowed. Cul-de-sac streets shall not exceed four hundred feet (400') in length. Fire lane easements shall be maintained by the manufactured/mobile home park.
D. 
Walkways -
Designated concrete walkways four feet (4') in width will be provided on both sides of roadways or streets.
E. 
Street Names and Signs -
Within each manufactured/mobile home park, all streets shall be named, and manufactured/mobile homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be submitted to the City Administrator, or his/her designee, along with the preliminary plat application, reviewed by the appropriate City staff with respect to street naming procedures set forth within the Subdivision Ordinance and/or the City’s Code of Ordinances, and approved by the Planning and Zoning Commission and City Council on the preliminary plat for the subdivision. The street names shall be set with preliminary plat approval, and shall not be changed on the final plat without City approval. All dwelling unit numbering (i.e., addressing) shall be assigned by the City Administrator, or his/her designee.
F. 
Other Signs -
Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type, size, height and location shall be in accordance with the Manual of Uniform Traffic Control Devices and approved by the City.
G. 
Intersections -
Internal streets shall intersect adjoining public streets at approximately ninety degrees (90°) and at locations which will eliminate or minimize interference with traffic on those public streets.
H. 
Street Lighting -
Street lighting within the manufactured/mobile home park shall be provided and maintained by the owners of the manufactured/mobile home park.
I. 
Electric and Telephone Service -
All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.
J. 
Drainage and Soil Protection -
The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured/mobile home space shall provide adequate drainage for the placement of a manufactured/mobile home. Exposed ground surfaces in all parts of every manufactured/mobile home park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust.
K. 
Firefighting:
1. 
Approaches to all manufactured/mobile homes shall be kept clear for firefighting.
2. 
The owner or agent of a manufactured/mobile home park shall be responsible for the instruction of any staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. Owner shall supply standard City fire hydrants located within three hundred feet (300') of all manufactured/mobile home spaces, measured along the drive or street.
3. 
The owner or agent of a manufactured/mobile home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves and weeds in excess of twelve inches (12") in height.
L. 
Refuse Handling and Collection -
The owner or agent of a manufactured/mobile home park shall provide an adequate system of collection and safe disposal of rubbish, as approved by the City. Storage, collection and handling of refuse shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Every dwelling unit shall be located within two hundred fifty feet (250') of a refuse facility measured along the designated pedestrian or vehicular travelway. There shall be available at least six (6) cubic yards of refuse containers per thirty (30) units. If trash dumpsters are used, they shall be screened as prescribed in Section 36 and as shown in Illustration 11.
M. 
Anchorage of Manufactured/Mobile Homes -
To insure against natural hazards such as tornados, high winds and electrical storms, anchorage for each manufactured/mobile home shall be provided according to the Building Code and State law.
N. 
Skirting:
1. 
All manufactured/mobile home units not attached to a permanent foundation shall provide skirting from the top of the unit’s frame to grade. Skirting shall totally enclose and secure from view the unit’s axles and all required anchors, footings, and piers.
2. 
All required skirting shall be masonry (or other material approved by the City Administrator, or his/her designee), and shall be of a color similar to the materials used in the construction of the manufactured/mobile home unit such that it blends with the overall appearance of the unit.
O. 
Adequate Public Facilities:
1. 
Water -
An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park/subdivision. Where a public supply of water of satisfactory quantity, quality and pressure is available at the site or at the boundary of the site, connection shall be made thereto, and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the City’s health authority.
2. 
Sewerage -
An adequate and safe sewerage system shall be provided in all mobile home parks/subdivisions for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with State and local laws.
a. 
Each mobile home stand shall be provided with at least a four inch (4") diameter sewer riser pipe. The sewer riser pipe shall be located on each stand so that the sewer connection in the mobile home drain outlet will approximate a vertical position.
b. 
The sewer connection from the drain outlet of the mobile home to the sewer riser pipe shall have a nominal inside diameter of at least three inches (3"), and the slope of any portion thereof shall be at least one-fourth inch (1/4") per foot. The sewer connection shall consist of one pipe only without any branch fittings. All joints shall be watertight.
c. 
All materials used for sewer connections shall be semi-rigid, corrosion resistant, nonabsorbent and durable. The inner surface shall be smooth.
d. 
Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches (4") above ground elevation.
22.5 
SPECIAL REQUIREMENTS:
A. 
Single-family dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-7 district (i.e., minimum 7,000 square foot lot size, minimum 60 foot lot width, etc. – see Section 17).
B. 
Open storage is prohibited.
C. 
Recreation Areas -
In all mobile home parks/subdivisions accommodating or designed to accommodate twenty-five (25) or more mobile homes, there shall be one or more recreation areas which shall be easily accessible to all park/subdivision residents. The size (i.e., total square footage) of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each lot. No outdoor recreation area shall contain less than twenty-five hundred (2,500) square feet.
D. 
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district.
E. 
Management Responsibilities:
1. 
The person(s) to whom a license for a mobile home park is issued shall operate the park in compliance with this Ordinance, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
2. 
The park management shall notify park occupants of all applicable provisions of this Ordinance, and shall inform them of their duties and responsibilities under this Ordinance.
3. 
The park management shall supervise the placement of each mobile home on its mobile home lot, including securing its stability and installing all utility connections.
4. 
The park management shall maintain a register containing the following information:
a. 
Name and address of each occupant;
b. 
The make, model, year, name of owner, license number, and state issuing such license of all automobiles, vehicles, mobile homes and travel trailers; and
c. 
The date of arrival and date of departure of each mobile home or travel trailer.
5. 
The park management shall keep the register available for inspection at all times by law enforcement officers, public health officials, and any other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of two (2) years following date of registration.
6. 
The park management shall notify the health authority immediately of any suspected communicable or contagious disease within the park.
F. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 23 O – OFFICE DISTRICT.

23.1 
GENERAL PURPOSE AND DESCRIPTION:
The O, Office, district is established to create a flexible district for low intensity office and professional uses. The district can be used as a transition district between more intense uses and residential uses. Permitted uses should be compatible with adjacent residential areas by limiting heights to two (2) stories, and by utilizing buffering and landscaping requirements. Adaptive reuse of existing structures is encouraged. Buildings in this district should be compatible and in similar scale with residential uses and adjacent property.
23.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
23.3 
HEIGHT REGULATIONS:
A. 
Maximum Height
(see also Subsection 23.4(B)4.):
1. 
Two (2) stories or thirty-five feet (35') for the main building(s).
2. 
One (1) story for accessory buildings.
3. 
Other (see Section 37.5).
23.4 
AREA REGULATIONS:
A. 
Size of Lots:
1. 
Minimum Lot Size -
Seven thousand (7,000) square feet
2. 
Minimum Lot Width -
Seventy feet (70')
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25'); all yards adjacent to a street shall be considered a front yard.
2. 
Minimum Side Yard -
Fifteen feet (15'); Twenty-five feet (25') adjacent to a public street or residential lot
3. 
Minimum Rear Yard -
Twenty-five feet (25')
4. 
Adjacent to a Single-Family District -
The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a sixty-foot (60') setback if the office use is over one (1) story in height.
C. 
Maximum Lot Coverage:
Fifty percent (50%); including accessory buildings.
23.5 
SPECIAL DISTRICT REQUIREMENTS:
A. 
Parking Requirements -
As established by Section 33, Off-Street Parking and Loading Requirements.
B. 
Open storage is prohibited.
C. 
All buildings and walls shall have at least eighty percent (80%) masonry exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; stucco may be allowed with Site Plan approval (see Section 12).
D. 
For landscaping requirements, see Section 34.
E. 
For signage requirements, see the City’s Sign Ordinance (Ordinance No. 486).
F. 
Site Plan Review -
Review and approval of a site plan (in accordance with Section 12) shall be required for any tract/lot within the O district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the City.
G. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
H. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 24 R – RETAIL DISTRICT.

24.1 
GENERAL PURPOSE AND DESCRIPTION:
The R, Retail, district is established to provide areas for neighborhood, local and regional shopping and service facilities for the retail sales of goods and services. These shopping areas should utilize established landscape and buffering requirements. The R district should be located along or at the intersection of major collectors or thoroughfares to accommodate higher traffic volumes.
24.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
24.3 
HEIGHT REGULATIONS:
A. 
Maximum Height (see also Subsection 24.4(B)5.):
1. 
Two (2) stories or thirty-five feet (35') for the main building(s).
2. 
One (1) story for accessory buildings.
3. 
Other (Section 37.5).
24.4 
AREA REGULATIONS:
A. 
Size of Lot:
1. 
Minimum Lot Area - Six thousand (6,000) square feet
2. 
Minimum Lot Width - Sixty feet (60')
3. 
Minimum Lot Depth - One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25'); all yards adjacent to a street shall be considered a front yard.
2. 
Minimum Side Yard -
Twenty-five feet (25'); Twenty-five feet (25') adjacent to a public street or residential lot
3. 
Interior Side Yards -
When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the City’s Building Code.
4. 
Minimum Rear Yard -
Twenty-five feet (25')
5. 
Adjacent to a Single-Family District -
The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a sixty-foot (60') setback if the retail use is over one (1) story in height.
C. 
Maximum Lot Coverage:
Fifty percent (50%); including accessory buildings.
24.5 
SPECIAL REQUIREMENTS:
A. 
Site Plan Review -
Review and approval of a site plan (in accordance with Section 12) shall be required for any tract/lot within the R district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the City.
B. 
Parking Requirements -
As established by Section 33, Off-Street Parking and Loading Requirements.
C. 
Open storage is limited to a maximum of five percent (5%) of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 36 (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display below).
D. 
Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
1. 
Shall be placed/located on the same lot as the primary use.
2. 
Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
3. 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way.
4. 
Shall not extend into public right-of-way or onto adjacent property.
5. 
All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).
6. 
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
Exceptions to the above restrictions on outside display of merchandise:
7. 
Businesses whose primary inventory is typically displayed in an outside manner including, but not limited to, auto/boat dealers, lumber yards, plant nurseries, swimming pool/spa contractors, portable building sales lots, etc.
E. 
All buildings and walls shall have at least eighty percent (80%) masonry exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; stucco may be allowed with Site Plan approval (see Section 12).
F. 
For landscaping requirements, see Section 34.
G. 
For signage requirements, see the City’s Sign Ordinance (Ordinance No. 486).
H. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
I. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 25 C-1 – COMMERCIAL-1 DISTRICT.

25.1 
GENERAL PURPOSE AND DESCRIPTION:
The C-1, Commercial-1, district is intended to provide a location for low-rise commercial and service-related establishments, such as wholesale product sales, minor automotive repair services, and other similar commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see Section 36). The uses envisioned for the district will typically utilize smaller sites and have operation characteristics which are not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfare streets is also a primary consideration.
25.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
25.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Two (2) stories or thirty-five feet (35') for the main building.
2. 
One (1) story for accessory buildings.
3. 
Other (Section 37.5).
25.4 
AREA REGULATIONS:
A. 
Size of Lot:
1. 
Minimum Lot Area -
Six thousand (6,000) square feet
2. 
Minimum Lot Width -
Sixty feet (60')
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Twenty-five feet (25'); all yards adjacent to a street shall be considered a front yard.
2. 
Minimum Side Yard -
Twenty-five feet (25'); Twenty-five feet (25') adjacent to a public street or residential lot
3. 
Interior Side Yards -
When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the City’s Building Code.
4. 
Minimum Rear Yard -
Twenty-five feet (25')
5. 
Adjacent to a Single-Family District -
The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a sixty-foot (60') setback if the retail use is over one (1) story in height.
C. 
Maximum Lot Coverage:
Fifty percent (50%); including accessory buildings.
25.5 
SPECIAL REQUIREMENTS:
A. 
Site Plan Review -
Review and approval of a site plan (in accordance with Section 12) shall be required for any tract/lot within the C-1 district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the City.
B. 
Parking Requirements -
As established by Section 33, Off-Street Parking and Loading Requirements.
C. 
Open storage shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 36 (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display below).
D. 
Outside display of merchandise and/or seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
1. 
Shall be placed/located on the same lot as the primary use.
2. 
Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
3. 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way.
4. 
Shall not extend into public right-of-way or onto adjacent property.
5. 
All outside display items shall be removed at the end of business each day (except for items that are seasonal in nature).
6. 
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
Exceptions to the above restrictions on outside display of merchandise:
7. 
Businesses whose primary inventory is typically displayed in an outside manner including, but not limited to, auto/boat dealers, lumber yards, plant nurseries, swimming pool/spa contractors, portable building sales lots, etc.
E. 
All buildings and walls shall have at least eighty percent (80%) masonry exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; stucco may be allowed with Site Plan approval (see Section 12).
F. 
For landscaping requirements, see Section 34.
G. 
For signage requirements, see the City’s Sign Ordinance (Ordinance No. 486).
H. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
I. 
No permanent use of temporary buildings.
J. 
Other Regulations - As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 27 HC HIGHWAY COMMERCIAL DISTRICT.

27.1 
GENERAL PURPOSE AND DESCRIPTION:
The HC, Highway Commercial, district is established to provide a relatively high intensity area which permits a mixture of land uses including office, retail, some types of commercial and entertainment uses, and highway-oriented uses, such as hotels, motels, auto dealerships and restaurants, which should generally be located along high-volume thoroughfares. The characteristics of each development site should be designed in such a manner as to create an attractive appearance from the thoroughfare (particularly along Interstate Highway 20 and Interstate Highway 45). Because these areas are major thoroughfare entry points into Hutchins, emphasis has been placed upon building arrangement, setbacks, parking and landscape treatment, which are elements that tend to influence the visual appeal of the City as viewed from the highway, and which may help to attract new business to the community. It is the intent of the HC zoning district to create a vibrant and attractive first impression of the community.
27.2 
PERMITTED USES:
A. 
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
27.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Eight (8) stories, but limited to a maximum height of forty-five feet (45') on any portion of the site that is within three hundred feet (300') of any residentially zoned property (i.e., A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF or MH), a maximum height of thirty-five feet (35') within two hundred feet (200') of residential, and a maximum height of one (1) story within sixty feet (60') of residential.
2. 
One (1) story for accessory buildings.
3. 
Other (Section 37.5).
27.4 
AREA REGULATIONS:
A. 
Size of Lot:
1. 
Minimum Lot Area -
Ten thousand (10,000) square feet
2. 
Minimum Lot Width -
Eighty feet (80')
3. 
Minimum Lot Depth -
One hundred feet (100')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Thirty feet (30'); all yards adjacent to a street shall be considered a front yard.
2. 
Minimum Side Yard -
Twenty-five feet (25')
3. 
Interior Side Yards -
When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the City’s Building Code.
4. 
Minimum Rear Yard -
Twenty-five feet (25')
5. 
Adjacent to a Residential District -
The side or rear setback, whichever is adjacent to the residential zoning district, shall observe a sixty-foot (60') setback for any building that is over one (1) story in height, a two hundred foot (200') setback for buildings over two (2) stories or thirty-five feet (35') in height, and a three hundred foot (300') setback for buildings over three (3) or forty-five feet (45') in height.
C. 
Maximum Lot Coverage:
Fifty percent (50%), including accessory buildings.
D. 
Parking Regulations:
1. 
As required by Section 33, Off-Street Parking and Loading Requirements.
2. 
A maximum of fifty percent (50%) of the required parking shall be allowed within the front yard. No parking or loading shall be permitted within twenty feet (20') of the front property line, and then only if screened by a berm or living screen, as described in Section 34 (Landscape Requirements).
27.5 
SPECIAL REQUIREMENTS:
A. 
Site Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and City Council (in accordance with Section 12) shall be required for any tract/lot within the HC district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by City Council.
B. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
C. 
Open storage is limited to a maximum of five percent (5%) of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 36 (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display below).
D. 
Outside display of merchandise and seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be limited to the following:
1. 
Shall not be placed/located more than thirty feet (30') from the main building.
2. 
Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property (except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year).
3. 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on site or off site, in any way.
4. 
Shall not extend into public right-of-way or onto adjacent property.
5. 
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees).
6. 
All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
Exceptions to the above restrictions on outside display of merchandise:
7. 
Businesses whose primary inventory is typically displayed in an outside manner including, but not limited to, auto/boat dealers, lumber yards, plant nurseries, swimming pool/spa contractors, portable building sales lots, etc.
E. 
All buildings and walls shall have at least eighty percent (80%) masonry exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; stucco may be allowed with Site Plan approval (see Section 12).
F. 
For landscaping requirements, see Section 34.
G. 
For signage requirements, see the City’s Sign Ordinance.
H. 
Other Regulations -
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 28 LI – LIGHT INDUSTRIAL DISTRICT.

28.1 
GENERAL PURPOSE AND DESCRIPTION:
The LI, Light Industrial, district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation.
28.2 
PERMITTED USES:
A. 
The following uses are permitted in the Light Industrial district, provided that such light manufacturing or industrial operations shall not disseminate dust, fumes, gas, noxious odor, smoke, glare or other atmospheric influence beyond the boundaries of the property upon which such use is located, and which produces no noise exceeding the average intensity of noise of street traffic, as further defined by the Performance Standards (Section 38), at that point, and provided that such use does not create fire or safety hazards on surrounding property.
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Industrial, fabrication and manufacturing plants, including the assembling of prefabricated parts for the production of finished equipment, where the process of manufacturing or treatment of materials is such that no dust, odors, fumes, gas, smoke, glare, vibration or noise is emitted beyond the property line (see Section 36 for screening requirements).
3. 
Uses of a light manufacturing type nature, employing electricity and/or other unobjectionable mode of power and which does not produce any objectionable dust, odors, fumes, gas, smoke, glare, vibration or noise.
4. 
Such uses as may be allowed by Specific Use Permits, Section 31.
28.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Occupied structures/buildings -
Three (3) stories or forty-five feet (45'), but limited to a maximum height of thirty-five feet (35') on any portion of the site that is within two hundred feet (200') of any residentially zoned property (i.e., A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF or MH), and a maximum height of one (1) story within sixty feet (60') of residential.
2. 
Unoccupied structures
(e.g., private grain silos, private water towers/utility structures, communications antennae, etc.) - Sixty feet (60'); Where any structure over thirty-five feet (35') in height is to be constructed on a site that is adjacent to a residential zoning district (A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF or MH), additional setback (i.e., front, side, rear yard) distance must be provided from the residential zoning district boundary line of one (1) additional foot for each foot that such structures exceed thirty-five feet (35'). (Also see Section 37.6 for communications antennae and support structures/towers.)
3. 
One (1) story for accessory buildings.
4. 
Other (Section 37.5).
28.4 
AREA REGULATIONS:
A. 
Size of Lot:
1. 
Minimum Lot Area -
Twenty thousand (20,000) square feet
2. 
Minimum Lot Width -
One hundred feet (100')
3. 
Minimum Lot Depth -
Two hundred feet (200')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Fifty feet (50'); all yards adjacent to a street shall be considered a front yard.
2. 
Minimum Side Yard -
Twenty-five feet (25')
3. 
Minimum Rear Yard -
Twenty-five feet (25')
4. 
Adjacent to a Residential District -
The side or rear setback, whichever is adjacent to a residential zoning district, shall observe a sixty-foot (60') setback for any occupied building that is over one (1) story in height, and a two hundred foot (200') setback for occupied buildings over two (2) stories or thirty-five feet (35') in height.
C. 
Maximum Lot Coverage:
Sixty-five percent (65%), including accessory buildings.
28.5 
SPECIAL REQUIREMENTS:
A. 
Site Plan Review -
Review and approval of a site plan (in accordance with Section 12) shall be required for any tract/lot within the LI district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the City.
B. 
Parking Requirements -
As established by Section 33, Off-Street Parking and Loading Requirements.
C. 
All buildings and walls shall have at least eighty percent (80%) masonry exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; stucco may be allowed with Site Plan approval (see Section 12).
D. 
For landscaping requirements, see Section 34.
E. 
For signage requirements, see the City’s Sign Ordinance (Ordinance No. 486).
F. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
G. 
No permanent use of temporary buildings.
H. 
Other Regulations:
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 29 HI – HEAVY INDUSTRIAL DISTRICT.

29.1 
GENERAL PURPOSE AND DESCRIPTION:
The HI, Heavy Industrial, district is intended primarily for the conduct of manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation.
29.2 
PERMITTED USES:
A. 
The following uses are permitted in the Heavy Industrial district, provided that such manufacturing or industrial operations shall not disseminate dust, fumes, gas, noxious odor, smoke, glare or other atmospheric influence beyond the boundaries of the property upon which such use is located, and which produces no noise exceeding the average intensity of noise of street traffic, as further defined by the Performance Standards (Section 38), at that point, and provided that such use does not create fire or safety hazards on surrounding property.
1. 
Those uses specified in Section 32 (Use Charts).
2. 
Such uses as may be allowed by Specific Use Permits, Section 31.
29.3 
HEIGHT REGULATIONS:
A. 
Maximum Height:
1. 
Occupied structures/buildings -
Three (3) stories or forty-five feet (45'), but limited to a maximum height of thirty-five feet (35') on any portion of the site that is within two hundred feet (200') of any residentially zoned property (i.e., A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF or MH), and a maximum height of one (1) story within sixty feet (60') of residential.
2. 
Unoccupied structures
(e.g., private grain silos, private water towers/utility structures, communications antennae, etc.) - Sixty feet (60'); Where any structure over thirty-five feet (35') in height is to be constructed on a site that is adjacent to a residential zoning district (A, SF-10, SF-8.5, SF-7, SF-PH, D, SFA, MF or MH), additional setback (i.e., front, side, rear yard) distance must be provided from the residential zoning district boundary line of one (1) additional foot for each foot that such structures exceed thirty-five feet (35'). (Also see Section 37.6 for communications antennae and support structures/towers.)
3. 
One (1) story for accessory buildings.
4. 
Other (Section 37.5).
29.4 
AREA REGULATIONS:
A. 
Size of Lot:
1. 
Minimum Lot Area -
Twenty thousand (20,000) square feet
2. 
Minimum Lot Width -
One hundred feet (100')
3. 
Minimum Lot Depth -
Two hundred feet (200')
B. 
Size of Yards:
1. 
Minimum Front Yard -
Fifty feet (50'); all yards adjacent to a street shall be considered a front yard.
2. 
Minimum Side Yard -
Twenty-five feet (25')
3. 
Minimum Rear Yard -
Twenty-five feet (25')
4. 
Adjacent to a Residential District -
The side or rear setback, whichever is adjacent to a residential zoning district, shall observe a sixty-foot (60') setback for any occupied building that is over one (1) story in height, and a two hundred foot (200') setback for occupied buildings over two (2) stories or thirty-five feet (35') in height.
C. 
Maximum Lot Coverage:
Sixty-five percent (65%), including accessory buildings.
29.5 
SPECIAL REQUIREMENTS:
A. 
Site Plan Review -
Review and approval of a site plan (in accordance with Section 12) shall be required for any tract/lot within the HI district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by the City.
B. 
Parking Requirements -
As established by Section 33, Off-Street Parking and Loading Requirements.
C. 
All buildings and walls shall have at least eighty percent (80%) masonry exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; stucco may be allowed with Site Plan approval (see Section 12).
D. 
For landscaping requirements, see Section 34.
E. 
For signage requirements, see the City’s Sign Ordinance (Ordinance No. 486).
F. 
Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.
G. 
No permanent use of temporary buildings.
H. 
Other Regulations:
As established in the Development Standards, Sections 33 through 41.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 30 PD – PLANNED DEVELOPMENT DISTRICT.

30.1 
GENERAL PURPOSE AND DESCRIPTION:
A. 
The City Council of the City of Hutchins, Texas, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may authorize the creation of a Planned Development district.
B. 
The Planned Development (PD) district is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options (e.g., single-family, multifamily, duplex, etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
30.2 
PERMITTED USES:
A. 
An application for a PD district shall specify the use or the combination of uses proposed. PD designations shall not be attached to SUP requirements. Specific Use Permits are allowed in a PD only if specifically identified at the time of PD approval, and if specifically cited as an “additional use” in the ordinance establishing the PD.
30.3 
PLANNED DEVELOPMENT REQUIREMENTS:
A. 
Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements in existing zoning districts as the City Council and Planning and Zoning Commission may deem appropriate.
B. 
In the PD district, uses may be required to conform to the standards and regulations of a zoning district to which it is most similar. The zoning district shall be stated in the granting ordinance. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete). The Planned Development district shall conform to all other regulations of the zoning district, as well as all other sections of the Zoning Ordinance, unless specifically changed or excluded in the ordinance establishing the PD.
C. 
The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and general statement citing the reason for the PD request.
D. 
The minimum acreage for a planned development request shall be one (1) acre.
30.4 
In establishing a Planned Development district in accordance with this Section, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a Concept Plan for a proposed nonresidential, multifamily, manufactured (mobile) home, or residential (i.e., single- or two-family) project shall be required along with the PD zoning application. A detailed Site Plan (or a Preliminary Plat in the case of a residential PD; see the Subdivision Ordinance for submission requirements) may be submitted in lieu of the Concept Plan if the applicant prefers to do so, and if the applicant wishes to expend the resources/funds necessary to prepare a complete detailed Site Plan (or Preliminary Plat) submission (i.e., detailed engineering/architectural plans, etc.; see Section 12).
A. 
Concept Plan -
This plan shall be submitted by the applicant at the time of the PD request. The plan shall show the applicant’s intent for the use of the land within the proposed Planned Development district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The City may prepare application form(s) which further describe and explain the following requirements:
1. 
Residential Concept Plan -
A Residential Concept Plan (a Preliminary Plat may serve as the Residential Concept Plan; see the Subdivision Ordinance for submission requirements) shall be submitted with any residential PD zoning request for a development comprised of single-family (detached or attached) or two-family (duplex) dwellings on individually platted lots, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data.
2. 
Nonresidential or Multifamily Concept Plan -
A Concept Plan shall be submitted with any nonresidential, multifamily, or manufactured (mobile) home PD zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The Concept Plan shall show the types of use(s) proposed; access, topography and boundaries of the PD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.
a. 
A detailed Site Plan (i.e., Development Plan) shall be submitted for approval (in accordance with Subsection B below, and with Section 12 of this Ordinance) within one (1) year from the approval date of the Concept Plan for all or some portion/lot of the Planned Development covered by the overall Concept Plan. If a detailed Site Plan is not submitted within one (1) year, then the Concept Plan will be deemed to be expired. A new Concept Plan (along with a zoning application to amend the PD ordinance and its accompanying Concept Plan) must be submitted for review and approval prior to detailed Site Plan review/approval (and any subsequent issuance of a building permit) for any portion of the PD district.
B. 
Site Plan
(Development Plan) - Submission and approval of the detailed Site Plan shall be in accordance with Section 12 of this Ordinance, and shall accompany an application for Planned Development zoning if the applicant prefers to submit the detailed Site Plan in lieu of the required Concept Plan. The detailed Site Plan will establish the final plans for development of the Planned Development district (or any portion/lot thereof), and it shall substantially conform to the site layout and development data approved on the Concept Plan (adopted along with the PD ordinance). If a Concept Plan was previously approved for the overall PD district, then a detailed Site Plan (along with the required engineering/architectural site construction plans) may be submitted for only the sections/lots that are proposed for immediate development rather than for the entire PD. If no Concept Plan was approved with the ordinance establishing the PD, then a detailed Site Plan (along with the required engineering/architectural site construction plans) must be submitted for the entire PD, even though only portions of it are proposed for immediate development.
For any single- or two-family residential district (A, SF-10, SF-8.5, SF-7, SF-PH, D or SFA), a Preliminary Plat shall qualify as the detailed Site Plan (Development Plan).
30.5 
APPROVAL PROCESS AND PROCEDURE:
A. 
The procedure for establishing a Planned Development zoning district shall follow the procedures for zoning amendments as set forth in Section 10 of this Ordinance. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the Concept Plan or the detailed Site Plan (or Preliminary Plat for a residential PD) which is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying Concept Plan or detailed Site Plan/Preliminary Plat.
B. 
The ordinance establishing the Planned Development zoning district shall not be approved (or adopted) until the accompanying Concept Plan or detailed Site Plan/Preliminary Plat is approved by the City Council, and until all other procedural requirements set forth in Section 10 are satisfied.
30.6 
All Planned Development zoning districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be prefixed by a “PD” designation and assigned a unique identification number (e.g., PD-1, PD-2, and so on), and shall also be referenced on the Zoning District Map. A list of such Planned Development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this Ordinance.
30.7 
PRIOR PLANNED DEVELOPMENT ORDINANCES REMAINING IN EFFECT:
A. 
Prior to adoption of this Ordinance, the City Council previously established certain Planned Development districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this Ordinance, specified in Appendix A-1, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Planned Development districts shown on the Zoning District Map as of the effective date of this Ordinance. Each prior PD ordinance is hereby assigned a unique identification number (e.g., PD-1, PD-2, and so on) as shown in Appendix A1, and subsequent PD ordinances adopted after the effective date of this Ordinance shall be similarly numbered for identification purposes.
B. 
For all Planned Development districts established prior to adoption of this Ordinance which do not have a Concept Plan or Site Plan/Preliminary Plat approved for the site/parcel or tract, a Concept Plan and a detailed Site Plan must be approved as stated in Section 30.4 above (and pursuant to Section 12 of this Ordinance, if applicable) prior to development of the property.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)

§ 31 SUP – SPECIFIC USE PERMITS.

31.1 
SPECIFIC USES:
The purpose of this district is to allow certain uses within base zoning districts that, under most circumstances, would not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible.
The City Council by an affirmative vote may, after public hearing and proper notice (in accordance with the procedures set forth in Section 10) to all parties affected, and after recommendations from the Planning and Zoning Commission that the uses are in general conformance with the intent of the Comprehensive Plan and with general objectives of the City, and containing such requirements and safeguards as are necessary to protect adjoining property, authorize certain uses by a Specific Use Permit (SUP). As a zoning action, issuance of an SUP shall only apply to real property (i.e., shall not be attached to any person, business entity, etc.), shall not be transferred from one property to another (i.e., shall not move if a business operation relocates), and shall not expire without proper zoning action to rescind the SUP (i.e., change the zoning to remove the SUP, with appropriate public notification, public hearing, etc.).
A zoning application for an SUP shall be accompanied by a metes and bounds description and a survey (i.e., drawing) exhibit showing the property for which the SUP is being requested, and by a site plan (see Section 12) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be allowed; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred feet (200'). The City shall make available application forms specifying drawing requirements. The City Administrator (or his/her designee), Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed. The site plan shall be reviewed and approved along with the SUP zoning application, and in accordance with Section 12 of this Ordinance.
31.2 
SPECIFIC USE PERMIT REGULATIONS:
A. 
In recommending that a Specific Use Permit for the premises under consideration be granted, the City shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening and open space, heights of structures, and compatibility of buildings. In approving a requested SUP, the Planning and Zoning Commission and City Council may consider any or all of the following:
1. 
The use is harmonious and compatible with surrounding existing uses or proposed uses;
2. 
The activities requested by the applicant are normally associated with the permitted uses in the base district;
3. 
The nature of the use is reasonable;
4. 
Any negative impact on the surrounding area has been mitigated;
5. 
That any additional conditions specified ensure that the intent of the district purposes are being upheld;
6. 
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to:
a. 
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;
b. 
Off-street parking and loading areas;
c. 
Refuse and service areas;
d. 
Utilities with reference to location, availability, and compatibility;
e. 
Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;
f. 
Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
g. 
Required yards and open space;
h. 
Height and bulk of structures;
i. 
Hours of operation;
j. 
Exterior construction material, building design and building facade treatment;
k. 
Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets;
l. 
Provision for pedestrian access, amenities and areas; and
7. 
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
B. 
In granting a Specific Use Permit, the Planning and Zoning Commission and City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Building Official, or his/her designee, for use of the building on such property pursuant to such Specific Use Permit and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the City Council prior to issuance of the certificate of occupancy, and shall be incorporated into the amending ordinance establishing the SUP.
C. 
A building permit or certificate of occupancy shall be applied for (following site plan approval) and secured within one (1) year from the time of granting the Specific Use Permit, provided however, that the City Council may authorize an extension of up to one (1) additional year. After the one-year period (and the extension, if such has been granted by City Council) has elapsed, the SUP’s site plan shall be deemed to be expired. The applicant/property owner(s) must then submit a new site plan for approval prior to any construction or to application for a building permit for the area designated for the Specific Use Permit. The new site plan must be resubmitted for review and approval in accordance with Section 12 of this Ordinance.
D. 
No building, premises, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended Specific Use Permit is granted for such enlargement, modification, structural alteration, or change. Uses should only be for the specific use(s) authorized in the ordinance granting the SUP.
Only minor changes or alterations to the building itself (i.e., those that do not involve the addition of land area covered by the SUP or modification of any special stipulations adopted in the ordinance granting the SUP, either of which must be done using the procedures outlined in Section 10) may be approved by the City Administrator, or his/her designee.
E. 
The Zoning Board of Adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use Permit.
F. 
When the City Council authorizes granting of a Specific Use Permit, the Zoning District Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the zoning district for the approved use and prefixed by a “SUP”, or “S” designation followed by the identification number assigned to that particular SUP (e.g., S-1, S-2, S-3, and so on). A list of all issued SUPs, showing the uses permitted and any other special stipulations of each SUP, shall be maintained as part of this Ordinance.
31.3 
USE REGULATIONS:
A. 
Uses allowed by SUP are specified in Section 32 (Use Charts).
31.4 
EXPIRATION AND EXTENSION:
A. 
Termination of approval of a site plan associated with an SUP for failure to commence development and extension of the time for performance for a site plan associated with an SUP shall be governed by Section 12 of this Ordinance.
31.5 
PRIOR SUP ORDINANCES REMAINING IN EFFECT:
A. 
Prior to adoption of this Ordinance, the City Council had established various SUPs, some of which are to be continued in full force and effect. The permits or parts of permits approved prior to this Ordinance, and specified in Appendix A-2, shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective Specific Use Permits shown on the Zoning District Map as of the effective date of this Ordinance. Each prior SUP ordinance is hereby assigned a unique identification number (e.g., S-1, S-2, S-3, and so on) as shown in Appendix A-2, and subsequent SUP ordinances adopted after the effective date of this Ordinance shall be similarly numbered for identification purposes.
(Ordinance 782 adopted 2/16/04; Ordinance 2009-0899 adopted 10/5/09; Ordinance 782 adopted 2/16/14; Ordinance 2014-0970 adopted 12/29/14; Ordinance 2015-0973 adopted 3/2/15; Ordinance 2015-0974 adopted 3/2/15; Ordinance 2015-0975 adopted 3/2/15)