Johnson City City Zoning Code
Division 4
Zoning Districts
§ 14.02.121 Zoning District classifications.
The City shall be divided into classes of residential, office, commercial, industrial, and special Zoning Districts, as specified herein. The location and boundaries of the Zoning Districts are indicated on the City's Official Zoning Map.
§ 14.02.122 Application of Zoning District regulations.
(a)
Applicability.
The regulations established for each Zoning District shall be minimum regulations and shall apply uniformly to each zoning class, structure, or land within that District.
(b)
Vacated areas.
When a street, alley, or other public way is vacated by governmental action, and when the land within the boundaries of such a facility are attached to and become a part of the land adjoining the vacated street, alley, or public way, the land formerly within the boundaries of the facility shall be subject to the same zoning regulations as apply to the adjoining land.
§ 14.02.151 Single-Family Residential District (SF).
(a)
The purpose of the Single-Family Residential District is to stabilize and protect the owner-occupied housing characteristics of the District and to promote and encourage a suitable environment for living.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses.
(c)
General regulations of the Single-Family Residential District are as follows:
(1)
Maximum dwelling units (parcels <3 acres): One (1) dwelling unit per parcel.
(2)
Maximum dwelling units (parcels >3 acres): Three (3) dwelling units per parcel.
(3)
Minimum lot width (street frontage): 50 feet.
(4)
Minimum lot depth: 50 feet.
(5)
Minimum lot size (area): 7,500 square feet.
(6)
Minimum front yard: 15 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(7)
Minimum side yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(9)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(10)
Minimum dwelling unit size: 1,000 square feet.
(11)
Maximum lot coverage (all structures): 50 percent (50%).
(12)
Maximum structure height (stories): 2 stories.
(13)
Maximum structure height (feet): 35 feet.
(d)
Accessory buildings, associated living quarters and storage buildings. With the exception of non-portable permanent residential carports built on a foundation, an accessory building, associated living quarters, or storage building shall not extend beyond the front line of the main building, and shall be a minimum of five feet from the side property line and five feet from the rear property line. A non-portable permanent residential carport built on a foundation shall be a minimum of five feet from the front property line.
(e)
Parking regulations: Off-street parking spaces shall be provided on the lot to accommodate a minimum of two automobiles for each dwelling unit.
§ 14.02.152 Mixed Residential District (MR).
(a)
The purpose of the Mixed Residential District is to provide for a variety of housing options and ancillary uses with higher densities and smaller lot sizes.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses.
(c)
General regulations of the Mixed Residential District are as follows:
(1)
Maximum dwelling units: None.
(2)
Minimum lot width (street frontage): 50 feet.
(3)
Minimum lot depth: 50 feet.
(4)
Minimum lot size (area): 7,500 square feet.
(5)
Minimum front yard: 15 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(6)
Minimum side yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(9)
Residential proximity setback: For buildings over 26 feet in height on a property adjacent to a parcel in the Single-family Residential District (SF), Manufactured Home District (MH), or the Cottage Housing District (CHD), the side or rear yard setbacks shall be increased by one foot for each foot in building height over ten feet.
(10)
Minimum dwelling unit size:
(A)
500 square feet for single-bedroom unit;
(B)
750 square feet for two+-bedroom unit.
(11)
Maximum lot coverage (all structures): Eighty percent (80%).
(12)
Maximum structure height (stories): 3 stories.
(13)
Maximum structure height (feet): 42 feet.
(d)
Accessory buildings, associated living quarters and storage buildings. With the exception of non-portable permanent residential carports built on a foundation, an accessory building, associated living quarters, or storage building shall not extend beyond the front line of the main building, and shall be a minimum of five feet from the side property line and five feet from the rear property line.
(e)
Parking regulations. Off-street parking spaces shall be provided on the lot to accommodate a minimum of one automobile for each one (1) bedroom unit and two automobiles for each two-plus (2+) bedroom unit within the residential structure(s).
§ 14.02.153 Manufactured Home District (MH).
(a)
The purpose of the Manufactured Home District is to provide for the most appropriate use of land for manufactured housing development projects, encourage design standards to create pleasing appearances, and to provide sufficient open space for light, air, and recreation.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses.
(c)
General regulations of Manufactured Home District are as follows:
(1)
Maximum dwelling units: One (1) dwelling unit per parcel.
(2)
Minimum lot width (street frontage): 40 feet.
(3)
Minimum lot depth: 40 feet.
(4)
Minimum lot size (area): 4,400 square feet.
(5)
Minimum front yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(6)
Minimum side yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(9)
Minimum dwelling unit size: 750 square feet.
(10)
Maximum lot coverage (all structures): Sixty percent (60%).
(11)
Maximum structure height (stories): 1 story.
(12)
Maximum structure height (feet): 20 feet.
(d)
Accessory buildings, associated living quarters and storage buildings. With the exception of non-portable permanent residential carports built on a foundation, an accessory building, associated living quarters, or storage building shall not extend beyond the front line of the main building, and shall be a minimum of five feet from the side property line and five feet from the rear property line.
(e)
Parking regulations.
Off-street parking spaces shall be provided on the lot to accommodate a minimum of two automobiles for each dwelling unit.
(f)
Manufactured homes shall meet all standards set by the U.S. Department of Housing and Urban Development.
(g)
Manufactured homes shall provide proper skirting around the base of the home within 30 calendar days of placement on the property. Plywood and lattice skirting are not permitted.
(h)
A manufactured home development shall comply with all subdivision standards, as specified in the City's subdivision regulations.
(i)
Manufactured homes shall be installed per Texas Occupations Code Chapter 1201, Manufactured Housing of the and Texas Administrative Code title 10, part 1, chapter 80, Manufactured Housing, as amended.
§ 14.02.154 Cottage Housing District (CHD).
(a)
The purpose of the Cottage Housing District is to allow for smaller, single-family detached dwellings located on zero lot line parcels. Zero lot line homes will be uniformly located on the same side of the lot within a street block. Zero lot line homes may have windows on the side of the house which abuts the property line; however, said windows must be opaque and/or placed at a height that provides for both aesthetic appeal and privacy.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses.
(c)
General regulations of the Cottage Housing District are as follows:
(1)
Maximum dwelling units: One (1) dwelling unit per parcel.
(2)
Minimum lot width (street frontage): 30 feet.
(3)
Minimum lot depth: 30 feet.
(4)
Minimum lot size (area): 900 square feet.
(5)
Minimum front yard: 5 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(6)
Minimum side yard (zero lot line)*: 0 feet
(7)
Minimum side yard (opposite zero lot line)*: 5 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Minimum side yard, adjacent to street: 5 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(9)
Minimum rear yard: 5 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(10)
Minimum dwelling unit size: 500 square feet.
(11)
Maximum lot coverage (all structures): 100 percent (100%).
(12)
Maximum structure height (stories): 2 stories.
(13)
Maximum structure height (feet): 35 feet.
* Side yard setback. The building shall be constructed with a zero lot line side yard on one side of the parcel and a side yard (opposite zero lot line) of not less than five feet on the other side of the parcel. This five-foot side yard shall extend the full depth of the lot, and this side yard shall be dedicated as a maintenance easement. Exceptions are permitted so that the end houses of a row will have a ten-foot side yard clearance from the street right-of-way.
(d)
Accessory buildings, associated living quarters and storage buildings. With the exception of non-portable permanent residential carports built on a foundation, an accessory building, associated living quarters, or storage building shall not extend beyond the front line of the main building, and shall be a minimum of zero feet (zero lot line) or five feet (opposite zero lot line/adjacent to street) from the side property line and five feet from the rear property line.
(e)
Parking regulations.
Off-street parking spaces shall be provided on the lot to accommodate a minimum of one automobile for each dwelling unit.
§ 14.02.155 Commercial District (CD).
(a)
The purpose of the Commercial District is to provide for a mix of retail, service, and office uses that support surrounding residential neighborhoods and tourism centers.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses. District may be subject to Historic Overlay regulations contained within section 14.02.161 of this article.
(c)
General regulations of Commercial District are as follows:
(1)
Minimum lot width (street frontage): 60 feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot size (area): 6,000 square feet.
(4)
Minimum front yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. Drive-in gasoline service islands may not be located nearer than 25 feet to the front property line.
(5)
Minimum side yard: None.*
(6)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Maximum lot coverage (all structures): 80 percent (80%).
(9)
Maximum structure height (stories): 2 stories.
(10)
Maximum structure height (feet): 35 feet.
(11)
Buffer zone, CD to SF, MR, MH, or CHD: A buffer zone of 30 feet plus an approved eight-foot privacy fence shall be maintained.
(12)
Fire lane: A minimum fire lane of 16 feet shall be maintained adjacent to one side of the building having entry doors.
* When a commercial building is adjacent to an existing single-family dwelling, whether located in a residential district or within the same or a similar commercial zoning district, the commercial building shall maintain a minimum setback of 10 feet from the property line to provide adequate separation and protect the residential use.
(d)
Accessory buildings.
No commercial accessory building, as permitted herein, shall be more than fifteen (15) feet in height or 750 square feet in size. Accessory buildings shall be compatible with the aesthetics of the primary structure. No accessory building may be closer than five feet to the main building in the rear yard. Accessory buildings, as permitted herein, are allowed in side yards; provided, however, that no accessory building be closer than five feet to any main building, nor closer than five feet to a common PUD, DD, CD, HC, IP, PFD, or RVP District property line, unless the property line is common to a street, in which case the minimum setback shall be 30 feet. If common property line to SF, MR, MH, or CHD Districts, the minimum setback shall be 15 feet if a 30-foot plus eight-foot privacy fence buffer exists. With the exception of non-portable permanent carports built on a foundation, no accessory building shall be allowed in the front yard or allowed to extend beyond the front line of the main building.
(e)
Parking regulations.
See Division 6 of this article.
(f)
Tree and landscape regulations.
See chapter 15 of the Municipal Code of Ordinances.
(g)
Lighting regulations.
See Chapter 3 of the Municipal Code of Ordinances.
(h)
Additional requirements for the Commercial District include, but are not limited to, the following:
(1)
Unless otherwise authorized within the Schedule of Uses, all business activity shall be conducted entirely within a building(s); and
(2)
Outdoor trash receptacles shall be placed in the side or rear yards, and shall be screened on at least three sides by a fence, plantings, or another suitable visual barrier.
§ 14.02.156 Highway Commercial Corridor District (HC).
(a)
The purpose of the Highway Commercial Corridor District is to provide for centers of activity, e.g., shopping, services, recreation, employment, public uses, and institutional facilities. The unique characteristics of this District are its high concentration of activity requiring extensive planning and engineering, ingress and egress to the development site, and extensive on-site or off-street parking, loading, and maneuvering areas.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses. District may be subject to Historic Overlay regulations contained within section 14.02.161 of this article.
(c)
General regulations of Highway Commercial Corridor District are as follows:
(1)
Minimum lot width (street frontage): 60 feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot size (area): 6,000 square feet.
(4)
Minimum front yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. Drive-in gasoline service islands may not be located nearer than 25 feet to the front property line.
(5)
Minimum side yard: None.*
(6)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Residential proximity setback: For buildings over 26 feet in height on a property adjacent to a parcel in the Single-family Residential District (SF), Manufactured Home District (MH), or the Cottage Housing District (CHD), the side or rear yard setbacks shall be increased by one foot for each foot in building height over ten feet.
(9)
Maximum lot coverage (all structures): 80 percent (80%).
(10)
Maximum structure height (stories): 3 stories.
(11)
Maximum structure height (feet): 42 feet.
(12)
Buffer zone, HC to SF, MR, MH, or CHD: A buffer zone of 30 feet plus an approved eight-foot privacy fence shall be maintained.
(13)
Fire lane: A minimum fire lane of 16 feet shall be maintained adjacent to one side of the building having entry doors.
* When a commercial building is adjacent to an existing single-family dwelling, whether located in a residential district or within the same or a similar commercial zoning district, the commercial building shall maintain a minimum setback of 10 feet from the property line to provide adequate separation and protect the residential use.
(d)
Accessory buildings.
No commercial accessory building, as permitted herein, shall be more than fifteen (15) feet in height or 750 square feet in size. Accessory buildings shall be compatible with the aesthetics of the primary structure. No accessory building may be closer than five feet to the main building in the rear yard. Accessory buildings, as permitted herein, are allowed in side yards; provided, however, that no accessory building be closer than five feet to any main building, nor closer than five feet to a common PUD, DD, CD, HC, IP, PFD, or RVP District property line, unless the property line is common to a street, in which case the minimum setback shall be 30 feet. If common property line to SF, MR, MH, or CHD Districts, the minimum setback shall be 15 feet if a 30-foot plus eight-foot privacy fence buffer exists. With the exception of non-portable permanent carports built on a foundation, no accessory building shall be allowed in the front yard or allowed to extend beyond the front line of the main building.
(e)
Parking regulations.
See Division 6 of this article.
(f)
Tree and landscape regulations.
See chapter 15 of the Municipal Code of Ordinances.
(g)
Lighting regulations.
See chapter 3 of the Municipal Code of Ordinances.
(h)
Additional requirements for the Highway Commercial Corridor District include, but are not limited to, the following:
(1)
Unless otherwise authorized within the Schedule of Uses, all business activity shall be conducted entirely within a building(s); and
(2)
Outdoor trash receptacles shall be placed in the side or rear yards, and shall be screened on at least three sides by a fence, plantings, or another suitable visual barrier.
§ 14.02.157 Industrial Park District (IP).
(a)
The purpose of the Industrial Park District is to provide for a range of light industrial uses, e.g., assembly, research and development, warehousing, and distribution. The Industrial Park District accommodates support services for industrial development, such as office, commercial, and professional services. Requirements herein are designed to ensure compatibility among the various uses in the District, and to protect adjacent nonindustrial development from incompatible uses and conditions.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses. District may be subject to Historic Overlay regulations contained within section 14.02.161 of this article.
(c)
General regulations of Industrial Park District are as follows:
(1)
Minimum lot width (street frontage): 100 feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot size (area): 10,000 square feet.
(4)
Minimum front yard: 50 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. Drive-in gasoline service islands may not be located nearer than 25 feet to the front property line.
(5)
Minimum side yard*: 25 feet adjacent to IP; 50 feet adjacent to PUD, DD, CD, HC, PFD, or RVP, all except in areas platted where setback minimums are established prior to the effective date of this article.
(6)
Minimum side yard, adjacent to street: 50 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum rear yard*: 25 feet adjacent to IP; 50 feet adjacent to PUD, DD, CD, HC, PFD, or RVP, all except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Residential proximity setback: For buildings over 26 feet in height on a property adjacent to a parcel in the Single-family Residential District (SF), Manufactured Home District (MH), or the Cottage Housing District (CHD), the side or rear yard setbacks shall be increased by one foot for each foot in building height over ten feet.
(9)
Maximum lot coverage (all structures): 80 percent (80%).
(10)
Maximum structure height (stories): 3 stories.
(11)
Maximum structure height (feet): 42 feet.
(12)
Buffer zone, IP to SF, MR, MH, or CHD: A buffer zone of 300 feet, a street plus 200 feet, or 100 feet plus an approved eight-foot privacy fence shall be maintained.
(13)
Fire lane: A minimum fire lane of 16 feet shall be maintained on two nonadjacent sides of the building having doors.
(14)
Safety: All IP property lines abutting any other district shall have a privacy fence with a minimum barrier height of eight feet or approved equal. Privacy fence may be deleted across the front of the property, provided the fence abuts each side of the building at not more than 20 feet behind the front line of said building.
* When a commercial building is adjacent to an existing single-family dwelling, whether located in a residential district or within the same or a similar commercial zoning district, the commercial building shall maintain a minimum setback of 50 feet from the property line to provide adequate separation and protect the residential use.
(d)
Accessory buildings.
No commercial accessory building, as permitted herein, shall be more than fifteen (15) feet in height or 750 square feet in size. Accessory buildings shall be compatible with the aesthetics of the primary structure. No accessory building may be closer than five feet to the main building in the rear yard. Accessory buildings, as permitted herein, are allowed in side yards; provided, however, that no accessory building be closer than five feet to any main building, nor closer than five feet to a common PUD, DD, CD, HC, IP, PFD, or RVP District property line, unless the property line is common to a street, in which case the minimum setback shall be 30 feet. If common property line to SF, MR, MH, or CHD Districts, the minimum setback shall be 50 feet if a 300-foot buffer exists, 80 feet if a 200-foot plus street buffer exists, or 30 feet if a 100-foot plus eight-foot privacy fence buffer exists. With the exception of non-portable permanent carports built on a foundation, no accessory building shall be allowed in the front yard or allowed to extend beyond the front line of the main building.
(e)
Parking regulations.
See Division 6 of this article.
(f)
Tree and landscape regulations.
See Chapter 15 of the Municipal Code of Ordinances.
(g)
Lighting regulations.
See Chapter 3 of the Municipal Code of Ordinances.
(h)
Noise regulations.
See chapter 8, article 8.04 of the Municipal Code of Ordinances.
(i)
Additional requirements for the Industrial Park District include, but are not limited to, the following:
(1)
Unless otherwise authorized within the Schedule of Uses, all business activity shall be conducted entirely within a building(s).
(2)
Outdoor trash receptacles shall be placed in the side or rear yards, and shall be screened on at least three sides by a fence, plantings, or another suitable visual barrier;
(3)
No industrial operation or use shall cause, create, or allow the emission of air contaminants which, at the emission point or within the bounds of the property, are:
(A)
In violation of the standards specified by the Texas Commission on Environmental Quality (TCEQ), including, but not limited to, those in the Texas Administrative Code Title 30 or standards specified by the Texas Department of Health, including, but not limited to, those contained in the Texas Administrative Code Title 25; or
(B)
Of such capacity [opacity] as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (i)(3)(A) above, except that when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered in compliance with this section.
(4)
The emission of particulate matter from all sources shall not exceed the level specified by TCEQ regulations, including, but not limited to, those in the Texas Administrative Code Title 30 or the regulations specified by the Texas Department of Health, including, but not limited to, those in Texas Administrative Code Title 25.
(5)
Open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne dust or other particulate matter; or which involve dust or other particulate air contaminant generating equipment, including, but not limited to, paint spraying, grain handling, sand or gravel processing, or storage or sand blasting, shall be so conducted such that dust and other particulate matter so generated are not transported across the boundary property line of the tract on which the use is located.
(6)
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the property line boundary or any point beyond the tract on which such use or operation is located. The odor threshold shall be determined by observation. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, a majority of the City Council shall determine whether the odor threshold has been crossed.
(7)
No commercial or industrial use involving the manufacture or storage of petrochemical compounds or products which decompose by detonation shall be permitted in the City, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in quantities of one gallon or less for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the Zoning Administrator and the volunteer fire department. The storage of all flammable liquids and materials, such as pyroxylin plastics, nitrocellulose film solvents, and petrochemical products for industrial purposes shall be allowed only after a conditional use permit for such use has been granted in conformance with the terms of this article.
(8)
No commercial or industrial operation or use permitted under the terms of this article shall emit toxic or noxious matter in concentrations across the boundary property line of the tract on which such operation or use is located.
(9)
No use permitted under the terms of this article shall, at any time, create earth-borne vibration which, when measured at the boundary property line of the source operation, exceeds the limits of the displacement set forth in the table below:
Table 1. Displacement Limits for Vibration | |
|---|---|
Frequency Cycles Per Second | Displacement in Inches |
0 to 10 | 0.0010 |
10 to 20 | 0.0007 |
20 to 30 | 0.0005 |
30 to 40 | 0.0004 |
40 and over | 0.0003 |
§ 14.02.158 Downtown District (DD).
(a)
The purpose of the Downtown District is to recognize the historical, cultural, and aesthetic importance of certain buildings, structures, or areas within the City, to protect and preserve landmarks of historical and cultural significance, and improve the City's economic well-being. The District does not replace the requirements set forth in the Historic Overlay outlined herein.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses. District may be subject to Historic Overlay regulations contained within section 14.02.161 of this article.
(c)
A mix of land uses, such as retail, professional services, public, and institutional uses, are permitted. Pedestrian-friendly design through the incorporation of architectural elements, such as awnings, porches, and sidewalk displays, are encouraged.
(d)
Any structural renovation, maintenance, enhancement, tear-down, or new construction performed in the Downtown District shall be in harmony with the characteristics of the rest of the District. All exterior renovations, maintenance, enhancement, tear-down, or new construction shall be reviewed and approved in accordance with the Historic Overlay outlined herein.
(e)
General regulations of the Downtown District are as follows:
(1)
Minimum lot width (street frontage): None.
(2)
Minimum lot depth: None.
(3)
Minimum lot size (area): 1,000 square feet.
(4)
Minimum front yard: None.
(5)
Minimum side yard: None*.
(6)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum rear yard*: 10 feet abutting SF, MR, MH, or CHD or 0 feet abutting CD, HC, IP, DD, PFD, or RVP, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Maximum lot coverage (all structures): 100 percent (100%).
(9)
Maximum structure height (stories): 2 stories.
(10)
Maximum structure height (feet): 35 feet.
(11)
Buffer zone, DD to SF, MR, MH, or CHD: An approved eight-foot privacy fence shall be maintained.
(12)
Fire lane: A street or a minimum fire lane of 16 feet shall be maintained adjacent to one side of the building having entry doors.
*When a commercial building is adjacent to an existing single-family dwelling, whether located in a residential district or within the same or a similar commercial zoning district, the commercial building shall maintain a minimum setback of 10 feet from the property line to provide adequate separation and protect the residential use.
(f)
Architectural standards for the Downtown District include, but are not limited to, the following:
(1)
Use of brick/masonry, solid wood planking, and fiber cement siding are permitted. Materials used shall be compatible with those materials in the rest of the District to maintain the historic character of the area;
(2)
Permitted building elements include a gallery, awning, porch, stoop, or a balcony; and
(3)
A minimum 30% transparency is required for the building facade.
(g)
Accessory buildings.
No commercial accessory building, as permitted herein, shall be more than fifteen (15) feet in height or 750 square feet in size. Accessory buildings shall be compatible with the aesthetics of the primary structure. No accessory building may be closer than five feet to the main building in the rear yard. Accessory buildings, as permitted herein, are allowed in side yards; provided, however, that no accessory building be closer than five feet to any main building, nor closer than five feet to a common property line, unless the property line is common to a street, in which case the minimum setback shall be 30 feet. With the exception of non-portable permanent carports built on a foundation, no accessory building shall be allowed in the front yard or allowed to extend beyond the front line of the main building.
(h)
Parking regulations.
See Division 6 of this article.
(i)
Tree and landscape regulations.
See Chapter 15 of the Municipal Code of Ordinances.
(j)
Lighting regulations.
See Chapter 3 of the Municipal Code of Ordinances.
(k)
Additional requirements for the Downtown District include, but are not limited to, the following:
(1)
Unless otherwise authorized within the Schedule of Uses, all business activity shall be conducted entirely within a building(s); and
(2)
Outdoor trash receptacles shall be placed in the side or rear yards, and shall be screened on at least three sides by a fence, plantings, or another suitable visual barrier.
§ 14.02.159 Public Facilities District (PFD).
(a)
The purpose of the Public Facilities District is to provide for the siting of public parks and recreational facilities, to preserve open space and unique cultural and historic features, and to provide for the siting of governmental, non-profit, and cooperative buildings of the City, County, State, or Federal governments or other entities.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses. District may be subject to Historic Overlay regulations contained within section 14.02.161 of this article.
(c)
General regulations of the Public Facilities District are as follows:
(1)
Minimum lot width (street frontage): 60 feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot size (area): 6,000 square feet.
(4)
Minimum front yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. Drive-in gasoline service islands may not be located nearer than 25 feet to the front property line.
(5)
Minimum side yard: None.*
(6)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Maximum lot coverage (all structures): 80 percent (80%).
(9)
Maximum structure height (stories): 2 stories.
(10)
Maximum structure height (feet): 35 feet.
(11)
Buffer zone, PFD to SF, MR, MH, or CHD: A buffer zone of 30 feet plus an approved eight-foot privacy fence shall be maintained.
(12)
Fire lane: A minimum fire lane of 16 feet shall be maintained adjacent to one side of the building having entry doors.
* When a commercial building is adjacent to an existing single-family dwelling, whether located in a residential district or within the same or a similar commercial zoning district, the commercial building shall maintain a minimum setback of 10 feet from the property line to provide adequate separation and protect the residential use.
(d)
Accessory buildings.
No commercial accessory building, as permitted herein, shall be more than fifteen (15) feet in height or 750 square feet in size. Accessory buildings shall be compatible with the aesthetics of the primary structure. No accessory building may be closer than five feet to the main building in the rear yard. Accessory buildings, as permitted herein, are allowed in side yards; provided, however, that no accessory building be closer than five feet to any main building, nor closer than five feet to a common PUD, DD, CD, HC, IP, or RVP District property line, unless the property line is common to a street, in which case the minimum setback shall be 30 feet. If common property line to SF, MR, MH, or CHD Districts, the minimum setback shall be 15 feet if a 30-foot plus eight-foot privacy fence buffer exists. With the exception of non-portable permanent carports built on a foundation, no accessory building shall be allowed in the front yard or allowed to extend beyond the front line of the main building.
(e)
Parking regulations.
See Division 6 of this article.
(f)
Tree and landscape regulations.
See Chapter 15 of the Municipal Code of Ordinances.
(g)
Lighting regulations.
See Chapter 3 of the Municipal Code of Ordinances.
(h)
Additional requirements for the Public Facilities District include, but are not limited to, the following:
(1)
Unless otherwise authorized within the Schedule of Uses, all business activity shall be conducted entirely within a building(s); and
(2)
Outdoor trash receptacles shall be placed in the side or rear yards, and shall be screened on at least three sides by a fence, plantings, or another suitable visual barrier.
§ 14.02.160 Recreational Vehicle Park District (RVP).
(a)
The purpose of the Recreational Vehicle Park District is to provide for a recreational vehicle park and uses that support the park.
(b)
See Schedule of Uses (see section 14.02.331) for permitted, nonpermitted, and conditional uses. District may be subject to Historic Overlay regulations contained within section 14.02.161 of this article.
(c)
General regulations of Recreational Vehicle Park District are as follows:
(1)
Minimum lot width (street frontage): 60 feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot size (area): 6,000 square feet.
(4)
Minimum front yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(5)
Minimum side yard: 10 feet.
(6)
Minimum side yard, adjacent to street: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(7)
Minimum rear yard: 10 feet, except in areas platted where setback minimums are established prior to the effective date of this article.
(8)
Maximum lot coverage (all structures): 80 percent (80%).
(9)
Maximum structure height (stories): 2 stories.
(10)
Maximum structure height (feet): 35 feet.
(11)
Buffer zone, RVP to SF, MR, MH, or CHD: A buffer zone of 30 feet plus an approved eight-foot privacy fence shall be maintained.
(12)
Fire lane: A minimum fire lane of 16 feet shall be maintained adjacent to one side of the building having entry doors.
(d)
Accessory buildings.
No commercial accessory building, as permitted herein, shall be more than fifteen (15) feet in height or 750 square feet in size. Accessory buildings shall be compatible with the aesthetics of the primary structure. No accessory building may be closer than five feet to the main building in the rear yard. Accessory buildings, as permitted herein, are allowed in side yards; provided, however, that no accessory building be closer than five feet to any main building, nor closer than five feet to a common PUD, DD, CD, HC, IP, PFD, or RVP District property line, unless the property line is common to a street, in which case the minimum setback shall be 30 feet. If common property line to SF, MR, MH, or CHD Districts, the minimum setback shall be 15 feet if a 30-foot plus eight-foot privacy fence buffer exists. With the exception of non-portable permanent carports built on a foundation, no accessory building shall be allowed in the front yard or allowed to extend beyond the front line of the main building.
(e)
Parking regulations.
See Division 6 of this article.
(f)
Tree and landscape regulations.
See Chapter 15 of the Municipal Code of Ordinances.
(g)
Lighting regulations.
See Chapter 3 of the Municipal Code of Ordinances.
(h)
Additional requirements for the Recreational Vehicle Park District include, but are not limited to, the following:
(1)
Unless otherwise authorized within the Schedule of Uses, all business activity shall be conducted entirely within a building(s); and
(2)
Outdoor trash receptacles shall be placed in the side or rear yards, and shall be screened on at least three sides by a fence, plantings, or another suitable visual barrier.
(i)
National Fire Protection Association (NFPA) 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 edition.
(1)
Adoption.
The 2021 edition of the NFPA 1194 ("NFPA 1194"), as published by the National Fire Protection Association, is adopted, to the same extent as if such Code were copied verbatim in this section, subject to amendments prescribed in this section. Copies of the NFPA 1194 shall remain on file in the Office of the City Secretary, within the Department of Development Services, and in the Office of the Fire Marshal.
(2)
Annexes.
All annexes provided for in the NFPA 1194 are adopted.
(3)
Amendments.
The NFPA 1194 is amended as follows:
(A)
5.1.2 Roads.
Minimum widths of recreational vehicle park and campground roads shall be 20 ft (6.0 m) and may have an additional 8 ft (2.4 m) per parallel parking lane. All park/campground roads shall also serve as fire access roads and shall be marked as per City ordinance.
§ 14.02.161 Historic Overlay.
(a)
Definitions.
The following words and terms used in this section shall have the following meanings, unless the context clearly indicates otherwise:
Historic landmark - HL.
A place which has outstanding historical and cultural significance in the United States, State, region, or City. The designation "historic landmark" recognizes that the historic place or the building(s), structure(s), accessory building(s), fences, or other appurtenances at the place, are of basic and vital importance for the preservation of culture and the development of tourism.
Historic overlay - H.
An area which has outstanding historical and cultural significance in the United States, State, region, or City, within which the buildings, structures, accessory buildings, fences, or other appurtenances are of basic and vital importance for the development of culture and tourism because of their association with history, including:
(1)
Historic structures, sites, or areas within which the buildings, structures, appurtenances, and places exemplify the cultural, political, economic, or social history of the United States, State, region, or City;
(2)
Historic structures, sites, or areas that are identified with the lives of historic personages or with important events in United States, State, regional, or local history; and
(3)
Structures or areas that embody the distinguishing characteristics of an architectural type specimen as to color, proportion, form, and architectural details.
(b)
Authorities.
(1)
Historic Review Board.
The Planning and Zoning Commission (P&Z) shall serve as the Historic Review Board, the "Board." The Board shall act in an advisory capacity only, and shall have no power to bind the City by contract or otherwise. It shall be the function of the Board to advise the City Council on a proposed designation of a historic landmark or property or on an application for a Certificate of Review, as provided herein.
(2)
City Council.
The City Council shall be the exclusive authority to approve the designation of a property as a local historic landmark and the inclusion of a property in a local historic district. In addition, the City Council shall have final authority on an application for a Certificate of Review.
(c)
Designations.
(1)
Current designation.
The City Council designates the area notated on the Official Zoning Map as the "Historic Overlay."
(2)
Identification.
The Official Zoning Map shall reflect the Historic Overlay by the letter "H" and a historic landmark by the designation "HL," in addition to any other zoning district designation established in this article.
(3)
New designation.
Designation of a property as a local historic landmark or of a property for inclusion within the boundaries of the Historic Overlay shall be conducted in accordance with the requirements contained in Texas Local Government Code, section 211.0165, as amended.
(4)
Application and review.
An application for a historic designation or landmark shall be reviewed and processed in accordance with the zoning amendment procedures contained within Division 3 of this article.
(5)
Designation criteria.
In designating an area as a historic district or a place as a historic landmark, the following criteria shall be considered:
(A)
Character, interest, or value a as part of the development, heritage, or cultural characteristics of the City;
(B)
Location as the site of a historical event;
(C)
Embodiment of distinguishing characteristics of an architectural type or specimen;
(D)
Relationship to other distinctive buildings, sites, districts, or structures which are historically significant and preserved, or which are eligible for preservation;
(E)
Unique location of singular physical characteristics represents an established and familiar visual feature of a neighborhood, community, or the City;
(F)
Value as an aspect of community sentiment of public pride; and
(G)
Identification with a person or persons who significantly contributed to the development or culture of the City.
(d)
Violation; penalty.
(1)
Misdemeanor declared.
It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, or maintain any building, structure, accessory building, fence or other appurtenance in a Historic Overlay or Historic Landmark in violation of the provisions of this section. Violation of any provision of this section is a misdemeanor.
(2)
Enforcement and penalty.
A violation of this section shall be processed in accordance with the violation and enforcement provisions of this article. Each day such violation continues shall constitute a separate violation.
(e)
Certificate of review required; procedures
(1)
No person or entity shall install, construct, reconstruct, alter, change, restore, remove, or demolish any exterior architectural feature of any historic landmark or of any building or structure located within a Historic Overlay unless application is made for a certificate of review and such a certificate is granted by the City Council.
(2)
The applicant shall submit to the Board an application in writing for a certificate of review that includes data and information required by the City Council, including, but not limited to, the following:
(A)
Name of the applicant and the property owner;
(B)
Mailing address of the applicant and permanent address of the property owner;
(C)
Location of the property to be altered or repaired;
(D)
A detailed description of the nature of the proposed external alteration or repair to be completed;
(E)
The intended and desired starting date and completion date of the alterations or repairs to be made; and
(F)
A drawing or sketch of the proposed external alteration, if applicable.
(3)
Applications that are incomplete or not in compliance with the city Building Code, restrictions, and other City Ordinances shall be returned to the applicant for completion and compliance.
(4)
All applications shall be subject to review by the Board and action by the City Council. The Board shall review the applications for all certificates of review and determine whether the applications are in conformance with this division. With the exception of subsection (e)(5) hereof, the City Council shall approve, approve with conditions, or deny all applications within sixty (60) days of application submittal.
(5)
For a permit to demolish or move a historic landmark or building within a Historic Overlay or any other Zoning District, the City Council shall render a decision within one hundred twenty (120) days after receipt of a completed application.
(f)
Criteria for action on certificate of review. In determining the recommendation and action on an application for a certificate of review, the Board and City Council shall consider the following matters:
(1)
The effect of the proposed change upon the general historic, cultural, and architectural nature of the District or landmark;
(2)
The appropriateness of exterior architectural features that can be seen from a public street, alley, or walkway;
(3)
The general design, scale, arrangement, texture, and material of the building or structure and the relation of such factors to similar features of buildings or structures in the District. The criteria shall not be the aesthetic appeal of the structure or the proposed remodeling, but rather, its conformity to the general character of the particular historic area involved;
(4)
The character of the Historic Overlay or Landmark for all signs;
(5)
Preservation of the value of the Historic Overlay or Landmark, as the area of unique interest and character;
(6)
The general and specific Standards for Rehabilitation and Guidelines for Applying the Standards for Rehabilitation, as issued by the Secretary of the Interior; and
(7)
The importance of balancing the current needs of the property owner with the importance of approving plans that will be economically reasonable for the property owner.
§ 14.02.181 Conditional Use Permit (CUP).
(a)
Definition.
A conditional use permit "CUP" provides for a use that may be deemed compatible with the land use in a zoning district and with conditions governing the use.
(b)
Purpose.
The purpose of a CUP is to allow a use to be located or expanded within a designated zoning district under specific standards, controls, limitations, performance criteria, restrictions, and other regulations. A CUP also allows a use which, if not specially regulated, could have an undue impact on, or be incompatible with, other uses of land within the zoning district or adjacent to a zoning district.
(c)
Applicability.
A use that requires a CUP is prohibited in the City unless a CUP is permitted under the Schedule of Uses and a permit is issued by the City Council for such a use in accordance with this article. See Schedule of Uses (see section 14.02.331) for permitted CUPs in specific zoning districts.
(d)
Application and review.
An application for a CUP shall be submitted for review by the P&Z and approval by the City Council in accordance with the zoning amendment procedures contained within Article III of this article.
(e)
Considerations for review.
In reviewing a CUP application, the P&Z and City Council shall consider the CUP's:
(1)
Conformance with applicable regulations and standards of the zoning district in which it is to be located;
(2)
Compatibility with existing or permitted uses on abutting sites in terms of building height, bulk, scale, setbacks, open spaces, landscaping, site development, and access and circulation capacity;
(3)
Potentially unfavorable effects or impacts on existing or permitted uses on adjacent sites, to the extent such impacts exceed those that reasonably may result from the use of the site by a permitted use, including without limitation:
(A)
Location, lighting, type of signs, and the relation of signs to adjacent properties;
(B)
Noise producing elements;
(C)
Glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood;
(D)
Safety from fire hazard and measures for fire control; and
(E)
Protection of adjacent property from drainage, floods, erosion, or other water damage.
(4)
Safety and convenience of vehicular and pedestrian circulation on the premises and in the area immediately surrounding the site, including, but not limited to, the effect of traffic reasonably expected to be generated by the proposed use and the ability of the State and City's existing transportation network to handle the traffic; and
(5)
Compliance with the Comprehensive Plan and whether the proposed use is compatible with existing and planned development of surrounding properties, including those that promote economic growth.
(f)
Conditions for CUP.
In granting a CUP, the P&Z and City Council may impose any conditions necessary to assure that the proposed use will, as reasonably practical, conform to the zoning requirements of the zoning district in which it is located. Conditions include, but are not limited to:
(1)
More restrictive sign standards;
(2)
Additional open space, landscaping, or screening requirements;
(3)
Additional yard requirements;
(4)
Special lighting requirements;
(5)
Time limitations on hours of operation;
(6)
Additional off-street parking and loading requirements;
(7)
Additional utility, drainage, and public facility requirements;
(8)
Additional right-of-way and public access requirements;
(9)
Additional requirements to ensure compatibility with the Comprehensive Plan; and
(10)
Conditions for expiration and/or revocation of the CUP.
(g)
Action by the City Council.
Final determination on a CUP application shall be issued by the City Council in accordance with Division 3 of this article.
(h)
Resubmission on denial.
A CUP application which has been denied shall not be resubmitted in substantially the same form within one (1) year of the date of denial.
(i)
Expiration due to inactivity.
If the use of the property for an approved CUP has not commenced within one year of the approval date, the CUP shall expire.
(j)
Revocation.
After notice and hearing, in accordance with the zoning amendment procedures contained within Division 3 of this article, a CUP is revocable by written order of the City Council, after receiving a recommendation from the Planning and Zoning Commission, upon a determination of noncompliance with the requirements and conditions of the CUP.
(k)
Amendments.
A request to modify, expand, or otherwise change an approved CUP not in substantial conformance with the approved permit shall be processed as a new application.
§ 14.02.182 Planned Unit Development District (PUD).
(a)
Definition.
A Planned Unit Development District "PUD" is a zoning designation pertaining to a single or multi-use development developed as a single contiguous project under unified control. A PUD provides flexibility in development standards, and it accommodates multiple uses as one integrated land use which could not have been attained through conventional zoning.
(b)
Purpose.
The purpose of a PUD is to preserve the natural environment, encourage high-quality development and innovative design, and ensure adequate public facilities and services for development within a tract of land. Generally, a PUD:
(1)
Provides flexibility in the planning and construction of development projects by allowing a combination of uses developed in accordance with an approved plan that protects adjacent properties;
(2)
Provides for the efficient layout of land uses, buildings, circulation systems, and infrastructure;
(3)
Encourages infill projects and the development of sites difficult for conventional development due to tract shape and/or size, abutting development, poor accessibility, or topography;
(4)
Provides an environment that contributes to a sense of community and a coherent living style;
(5)
Encourages the preservation and enhancement of natural amenities and cultural resources;
(6)
Protects the natural features of a site and provides for open space; and
(7)
Is compatible with adjacent land uses.
(c)
Applicability.
A PUD is prohibited in the City, unless it is approved by the City Council in accordance with this article. A PUD shall not be sought to avoid the standards and requirements of other Zoning Districts, but rather, a PUD shall be sought to accomplish the purposes of this section.
(d)
Qualifying PUD standards.
(1)
Minimum acreage.
No minimum.
(2)
Unified control.
A PUD shall be under the control of one owner or a group of owners and shall be planned and developed as one integral unit.
(3)
Comprehensive plan.
A PUD shall be consistent with the City's Comprehensive Plan.
(e)
Permitted use requirements.
(1)
Uses.
Any permitted use, special exception, or conditional use allowed within a tract's base Zoning District may be permitted in a PUD, provided that the standards and requirements, as outlined in this article, are met.
(2)
Mixed-use.
A mixture of residential and non-residential uses are allowed in a PUD in order to create an integrated, mixed-use development.
(3)
Variations from a tract's base Zoning District requirements shall be identified, in writing, by the applicant. Variations shall be reviewed and approved by the Planning and Zoning Commission and City Council.
(f)
Application and review.
A PUD application shall include a general land use map and a proposed master site development plan. A PUD application shall be submitted for review by the Planning and Zoning Commission and the City Council, in accordance with Division 3 of this article.
(g)
Site design criteria.
At the discretion of the Planning and Zoning Commission and City Council, a PUD general land use map and master site development plan shall contain one (1) or more of the following site design elements, as applicable:
(1)
Mixed-use development with residential and non-residential uses;
(2)
Residential development with a variety of housing types;
(3)
Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site;
(4)
High quality architectural design beyond the master site development plan requirements of this section;
(5)
Extensive landscaping beyond the master site development plan requirements of this section;
(6)
Preservation, enhancement, or restoration of natural resources, such as trees, slopes, wetland areas, views, et cetera;
(7)
Preservation, enhancement, or restoration of significant or historic resources;
(8)
Provision of a significant amount of open space/parkland, public plazas, or related features. Open space shall not include areas designated or used as parking lots, garages, streets, or driveways:
(9)
Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions, such as topography, shape, et cetera;
(10)
Effective transition between higher and lower density uses and/or nonresidential and residential uses;
(11)
Shared vehicular and pedestrian access between properties or uses;
(12)
Mitigation to offset impacts on public facilities, such as street improvements, utility lines, et cetera; or
(13)
Significant use of sustainable building and/or site design features, such as water use reduction, water efficient landscaping, innovative wastewater technologies, low impact stormwater management design, optimized energy performance, on-site renewable energy, passive solar heating, reuse/recycled/renewable materials, indoor air quality, or other elements identified by the US Green Building Council (LEED) or ANSI National Green Building Standards.
(h)
Site plan criteria.
A PUD general land use map and master site development plan shall contain the following:
(1)
Insofar as practicable, the landscape shall be preserved in its natural state by minimizing tree and soil removal;
(2)
Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings;
(3)
In regards to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, the width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and the arrangement of parking areas that are safe and convenient and do not detract from the design of the proposed structures and neighboring properties;
(4)
Private streets and gates may be approved as a part of the application, however, they are not required;
(5)
The maximum height of structures;
(6)
Building setbacks;
(7)
A significant amount of open space/parkland shall be included in the master site development plan. Open space/parkland may include community recreational areas that are continuously maintained. Open space/parkland shall not include areas specifically designated or used as parking lots, garages, streets, or driveways;
(8)
Outdoor lighting shall be fully-shielded and night sky friendly in order to limit impacts on abutting residential units and reduce light pollution; and
(9)
Utilities and infrastructure shall meet City Subdivision Regulations, Design Standards, and the City adopted International Codes.
(i)
Criteria for PUD review.
The following factors shall be considered for the approval of a PUD, including, but not limited to:
(1)
Compliance with the City's Comprehensive Plan;
(2)
The Zoning District in which the PUD is to be located;
(3)
The character of adjacent properties, surrounding neighborhoods, and existing and proposed development;
(4)
Whether the PUD is to be adequately served by essential public services, such as streets, drainage facilities, fire protection, and public water and sewer facilities;
(5)
Whether the PUD results in the destruction, loss, or damage of any feature determined to be of significant ecological, scenic, or historical importance; and
(6)
That the PUD shall be designated, sited, and landscaped so that the PUD will not hinder or discourage the appropriate development or use of adjacent properties and surrounding neighborhoods.
(j)
Action by the City Council.
Final determination on a PUD application shall be issued by the City Council, in accordance with Division 3 of this article.
(k)
Approval.
An ordinance approving a PUD shall include the general land use map, master site development plan, specific uses permitted, conditions for the PUD, and a statement as to the purpose and intent of the PUD. Only those uses approved shall be permitted and shall operate in accordance with the stipulated approved conditions.
§ 14.02.183 Similar land use.
(a)
Purpose.
The purpose of this section is to provide for consideration and accommodation of a proposed land use which had not been anticipated at the time of adoption of this article, and, consequently, is not addressed in the Schedule of Uses of this article.
(b)
Determination.
Before proceeding forward with an application, the Zoning Administrator shall determine whether the proposed use:
(1)
Is not listed as a permitted, special exception, or conditional land use in the tract's Zoning District;
(2)
Is consistent with the District's purpose;
(3)
Is similar to other allowed uses relative to its character, scale, and overall compatibility;
(4)
Is not expected to create objectionable impacts to public health, safety, and welfare if it were established in the applicable Zoning District; and
(5)
Would not be more appropriate within a different Zoning District.
(c)
Application and review.
An application for a similar land use determination shall be submitted for review by the Planning and Zoning Commission, in accordance with Division 3 of this article.
(d)
Action by the City Council.
Final determination on a similar land use application shall be issued by the City Council, in accordance with Division 3 of this article.
§ 14.02.184 Nonconforming use.
(a)
A nonconforming use is any use of land or structures which do not conform to the use regulations prescribed in this article or amendments hereto.
(b)
Continuation of use.
Any nonconforming use of land may be continued in present use indefinitely and is transferable. If, however, a continuous operation is not carried on in such nonconforming use during a continuous period of one year, the building, the structure, or tract of land where the nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. A person's intent to resume operations is not relevant to, nor does it otherwise extend, the one year period.
(c)
Change of use.
A nonconforming use may be changed to any conforming use. A nonconforming use shall not be changed to any other type of nonconforming use.
(d)
Damage and destruction.
A nonconforming use occurring within a building or structure may be rebuilt, but shall not be enlarged, in case of obsolescence or total or partial destruction by accidental fire or other accidental cause.
(e)
Enlargement.
A nonconforming use shall not be enlarged or extended with respect to the operation of the use in a building or structure, nor extended to occupy a greater area of land, except in compliance with zoning requirements for that district or through an expansion of nonconforming use approval by the Zoning Board of Adjustment.
(f)
Normal maintenance.
Normal maintenance of a building or structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations not extending the operation of the nonconforming use.
(g)
Structural changes.
No structural alteration shall be made in a building or other structure containing a nonconforming use, except that required by law.
§ 14.02.185 Nonconforming structure.
(a)
A nonconforming structure is any building or structure on a lot which does not conform to the lot area, lot dimensions, front yard, side yard, rear yard or coverage, or any building or structure which does not conform to the height, parking, loading, building spacing or any other regulations or any requirements of this article.
(b)
Limitation on regulations.
No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to signs.
(c)
Continuance of nonconforming structures.
Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions herein established for structures in the district in which the nonconforming structure is located.
(d)
Accidental damage to building.
If a nonconforming structure is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform to the provisions contained herein. In the case of partial destruction by fire or other causes, not exceeding 50 percent (50%) of the structures value, the Development Services Department may issue a permit for reconstruction. If greater than 50 percent (50%) of the structures value, the Zoning Board of Adjustment may grant a permit for repair but not for the enlargement of the structure.
(e)
Obsolescence of structure.
The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes obsolete or substandard under any applicable Code of the City and the cost of placing such structure in lawful compliance with the applicable regulation exceeds 50 percent (50%) of the replacement cost of such structure on the date that the City Council, after receipt of a recommendation from the Building Official, Code Enforcement Officer, and/or Chief Administrative Officer, determines that such structure is obsolete or substandard.
(f)
Determination of replacement costs.
In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself.
(g)
Alterations.
The Zoning Board of Adjustment may grant, as a special exception, an application to extend or enlarge a nonconforming structure, provided such grant does not serve to prevent the return of such structure to a conforming structure in the future.
