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Levelland City Zoning Code

§ 9.509

Multi-3 Low Density Multifamily District.

(a) 
Purpose.
The purpose of this district is to promote medium density, multiple occupancy development. Architectural design, landscaping, screening, and parking areas shall be so provided as to insure maximum protection of any adjacent lower density use areas.
(b) 
General Provisions.
No use shall be permitted which is or would reasonably be injurious the neighborhood residents or which would interfere with the safety or the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.
(c) 
Permitted Uses.
(1) 
Any use unconditionally permitted in the "SF-1", "SF-2 ", "Multi-1", or "Multi-2" Districts.
(2) 
Multi-family dwellings, apartments and townhouses.
(3) 
Accessory uses, limited to a rental office, club rooms, recreational rooms, pools, and laundries.
(d) 
Conditional Uses.
The following uses may be permitted when approved by the Zoning Board of Adjustment.
(1) 
Any use conditionally permitted in the "SF-1", "SF-2", "Multi-1", or "Multi-2" Districts.
(2) 
Mobile home park.
(e) 
Yard Requirements.
(1) 
Front Yard.
The minimum front yard shall be twenty-five (25) feet.
(2) 
Side Yard.
There shall be a minimum side yard of five (5) feet on each side of any single story structure and ten (10) feet on each side of any two (2) story structure.
(f) 
Lot Width.
The minimum width of any lot shall be fifty (50) feet.
(g) 
Lot Area.
The minimum area for any lot with single family dwelling, duplex, two family dwelling units or multi-family dwelling units shall be six thousand (6,000) feet.
(h) 
Floor Area Ratio.
A maximum of .50 square feet of total floor area for each one (1) square foot of lot area is permitted.
(i) 
Off-Street Parking.
(1) 
Single Family Dwelling.
Two (2) parking spaces required.
(2) 
Duplexes and Two-Family Dwelling.
Two (2) parking spaces required for each dwelling unit.
(3) 
Multi-Family Dwellings.
Two (2) parking spaces required for each one-bedroom unit, two (2) spaces for each two (2) or more bedroom units, plus one (1) additional space for each four (4) units in the development.
(4) 
All Other Uses.
the same as required for that use or a similar type use found elsewhere in this article.
(j) 
Alley Screening.
Whenever any property located in a "Multi-3" zoned district is adjacent to any "SF-1" or "Multi-1" zoned district, on either side or to the rear, even if separated by an alley, a six (6) feet high solid screening fence shall be installed and permanently maintained on the development lot along the adjacent property line. No such screening fence is required when the adjacent property is separated from the development lot by a publicly dedicated street.
(k) 
Signs.
The following signs shall be permitted:
(1) 
One nameplate for occupants of each residential unit.
(2) 
Traffic and official public signs.
(3) 
Temporary signs as permitted in Section 9.309 of the city code.
(4) 
Signs for churches, public buildings and semi-public buildings, religious, educational or philanthropic institutions or lodges, fraternities, sororities, hospitals, clinics, nonprofit clubs, and other nonprofit organizations lawfully located within an M-3 zoning district that meet the following criteria:
(A) 
One (1) freestanding, monument or illuminated sign with a maximum of forty-eight (48) square feet in message area and a maximum height of the lesser of sixteen (16) feet or the height of the building on which the sign is located. Electronic signs are permitted so long as they do not cause a glare or brightness to a degree that it constitutes a hazard or creates a nuisance by interfering with the reasonable enjoyment of neighboring property by a person of ordinary sensibilities.
(5) 
One (1) identification sign that does not utilize or incorporate flashing, moving, or intermittent illuminations, with a maximum of forty-eight (48) square feet in message area and a maximum height the lesser of twenty-five (25) feet or the height of the building on which the sign is located.
(l) 
Site Plan Review.
No building permit shall be issued until the City Manager or Building Inspector has reviewed a site plan for a building sign and has approved the same as to off street parking spaces, the location of private driveways, and the availability of ingress and egress to off-street parking sites.
(m) 
Separation Requirement.
There must be a linear separation of at least ten (10) feet between each building located upon a tract of land.
(n) 
(1) 
Design, Construction, and Maintenance of HUD Manufactured Home Parks and Vacation Travel Trailer Parks.
(A) 
(i) 
All new HUD manufactured home park and vacation travel park construction permitted hereby shall comply with the requirements and standards set out in all relevant sections of the city code, including but not limited to, subdivision regulations, building code, plumbing code, electrical code and zoning regulations.
(ii) 
HUD manufactured home parks and vacation travel trailer parks in existence upon the effective date of this article shall comply with this article when updating their existing facilities. Updating shall mean major remodeling or replacement of existing facilities, but shall not include normal maintenance.
(B) 
All HUD manufactured home parks and vacation travel trailer parks constructed in whole or in part after the effective date of this article shall conform to the following requirements:
(i) 
Landscaping:
A “green-belt” not less than five feet (5') in width consisting of growing trees, or grass, or other ground cover shall be maintained along the perimeter of HUD manufactured home parks and vacation travel trailer parks with omissions made for interior street entrances and exists and along those boundary lines adjacent to a similar “green-belt” already in existence. Exposed ground surfaces in all parks shall be protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust.
(ii) 
Density:
The following maximum densities shall apply to HUD manufactured home parks and vacation travel trailer parks:
HUD manufactured homes – nine (9) per acre.
Vacation travel trailers – fifteen (15) per acre.
(iii) 
Initial development of any HUD manufactured home park shall not be less than .85 acre fully improved with serviced spaces. All site plans shall define the initial development area.
(iv) 
HUD manufactured home and vacation travel trailer minimum setback and spacing requirements:
HUD manufactured
Spacing:
Vacation Home
Travel Trailer
Between HUD manufactured home structure
10'
10'
End to end parking
10'
6'
HUD manufactured
Setbacks:
Vacation Home
Travel Trailer
From permanent structures (excluding individual storage structures, patio roofs and carports)
10'
5'
From patio roof or carport of one HUD manufactured structure to adjacent HUD manufactured structure
3'
3'
Rear and side park property lines
10'
5'
Front park property lines
25'
15'
From interior streets
10'
10'
From cul-de-sac streets
15'
10'
Space Width:
35'
25'
(v) 
Tenant Storage:
HUD manufactured home parks shall provide storage facilities of one hundred twenty (120) cubic feet minimum on each HUD manufactured home space.
(vi) 
Patio Roofs and Carports:
HUD manufactured home and vacation travel trailer spaces may have open unenclosed patio roofs and carports of metal, fiberglass or other materials.
(vii) 
Utilities:
Utilities shall be provided at the expense of developer as follows:
a. 
Water Supply:
An adequate supply of potable water for domestic and fire protection purposes shall be supplied to meet the requirements of the park. HUD manufactured home and vacation travel trailer spaces shall be provided with a water hookup at least four (4) inches above the ground and hose connection for lawn maintenance.
b. 
Sewage Disposal:
Waste from showers, bathtubs, toilets, lavatories in HUD manufactured homes, vacation travel trailers and service or other buildings within the park shall be discharged into a public sewer system in compliance with applicable ordinances. In the event public services are not available, such waste shall be discharged into a private disposal system approved by the City-County Health Unit.
c. 
Natural Gas:
HUD manufactured home park spaces shall be provided with a natural gas hookup at least four (4) inches above the ground.
d. 
Electrical Service:
Service shall be provided throughout HUD manufactured home parks and vacation travel trailer parks, and service to individual HUD manufactured homes and vacation travel trailers shall meet the requirements as set forth in the City Electrical Code.
(viii) 
Lighting shall be provided at the expense of developer as follows: Street lighting within the HUD manufactured home parks and vacation travel trailer parks shall be provided along all internal streets. Light standards shall have a height and spacing to insure an average illumination level of not less than two-tenths (0.2) footcandles shall be maintained.
(ix) 
Interior streets shall be provided at the expense of developer as follows:
a. 
Interior streets shall be of hard surface and shall permit unobstructed access to within at least two hundred feet (200') of any portion of each HUD manufactured home or vacation travel trailer;
b. 
All interior streets shall be privately built and maintained by the owner or agent;
c. 
The internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a cul-de-sac having a minimum diameter of fifty feet (50'). No internal street ending in a cul-de-sac shall exceed five hundred feet (500') in length; and
d. 
Interior streets where on-street parking is permitted shall not be less than thirty-five feet (35') in width. In HUD manufactured home parks and vacation travel trailer parks where no on-street parking is permitted, the interior streets shall not be less than twenty feet (20') in width.
(x) 
Parking:
One (1) off-street hard-surface parking space shall be provided for each HUD manufactured home space, and one (1) additional guest hard-surface parking space shall be provided in a common area for each three (3) HUD manufactured homes in the park. Such parking spaces shall not be over three hundred feet (300') from the HUD manufactured homes they serve. Vacation travel trailer parks shall provide one (1) automobile parking space for each vacation travel trailer space and one (1) additional guest parking space shall be provided in a common area for each four (4) vacation travel trailer spaces in the park. Such parking shall not be over two hundred feet (200') from the travel trailers they serve.
(xi) 
Recreation Area:
a. 
Extent:
Recreation areas and facilities in HUD manufactured home parks such as playgrounds, swimming pools and community buildings shall be provided which in the judgment of the park licensee or agent will meet the anticipated needs of the clientele which the park is designed to serve. Provision of separate adult and tot lot recreation areas is encouraged.
b. 
In HUD manufactured home parks of four (4) acres or more, at least five percent (5%) of the gross site area shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools and drying yards, but not including vehicle parking areas.
c. 
Playground Location:
When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares, and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards.
(xii) 
Sanitation Facilities:
Vacation travel trailer parks shall provide toilets, baths or showers, and other sanitation facilities which shall conform to the following requirements:
a. 
The toilet and other sanitation facilities for males and females shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall. Such service buildings shall be well-lighted and ventilated at all times with screened openings. These service buildings shall be maintained in clean, sightly condition and kept free of any condition that could menace the health of any occupant. Service buildings shall be located not closer than five feet (5') nor farther than two hundred feet (200') from any vacation travel trailer space.
b. 
An adequate supply of hot water shall be provided at all times in any required service buildings, and for all bathing, washing, cleansing and laundry facilities.
c. 
Toilet Facilities:
1. 
Males:
Toilet facilities for males shall consist of not less than one (1) flush toilet for every fifteen (15) vacation travel trailers, and one (1) urinal for every fifteen (15) vacation travel trailers, one (1) shower with individual dressing accommodations for every ten (10) vacation travel trailers.
2. 
Females:
Toilet facilities for females shall consist of not less than one (1) flush toilet for every ten (10) vacation travel trailers, one (1) shower with individual dressing accommodations for every ten (10) vacation travel trailers.
(xiii) 
Refuse and Garbage Handling:
a. 
Centrally located dumpster containers sufficient to handle the refuse generated by HUD manufactured home parks and vacation travel trailer parks may be provided. Such dumpsters shall be located in designated areas where pickup will be made by the city.
b. 
If refuse is gathered at the individual sites, it shall be stored in flytight, watertight, rodent-proof containers, which shall be located at each HUD manufactured home and vacation travel trailer site. Containers for this use shall be provided in sufficient number and capacity to store properly all refuse.
c. 
The park licensee or agent shall insure that the individual site refuse containers are emptied regularly or collected and stored centrally and maintained in a sanitary condition for pickup by the city.
(xiv) 
Fire Protection:
a. 
Fire hydrants approved by the city fire chief shall be installed so that no HUD manufactured home space or vacation travel trailer space will be over five hundred feet (500') from a hydrant setting on a six inch (6") water main.
b. 
There shall not be any storage under the HUD manufactured homes or vacation travel trailers of any items that would create a fire hazard.
c. 
The HUD manufactured home park or the vacation travel trailer park licensee or agent shall be responsible for maintaining the conditions of this section and for maintaining the entire area of the park free of dry brush, leaves and weeds.
(xv) 
Supervision:
A responsible attendant or supervisor, owner or operator shall be in charge at all times to keep the HUD manufactured home park or vacation travel trailer park, its facilities and equipment in a clean, orderly and sanitary condition and he shall be answerable, with the licensee, for any violation of the provisions of this article.
(2) 
Permits for Construction.
(A) 
All applications for HUD manufactured home park and vacation travel trailer park permits shall be made upon standard forms provided by the building inspector and shall contain the following:
(i) 
Name and address of the applicant; and
(ii) 
Location and legal description of the HUD manufactured home park or vacation travel trailer park.
(B) 
To this application shall be attached two (2) copies of a site plan, at a minimum scale of one inch (1") equals one hundred feet (100'). One print of the plot plan is to be circulated by the building inspector to each of the city departments designated in this article for approval prior to issuing the permit. This plot plan does not replace or supersede the subdivision plat of the property required by state law to be recorded in the county records of the county in which the property is located, after review and approval of the zoning commission.
(C) 
Permit Fee:
All applications to the building inspector shall be accompanied by a fee as provided for in the fee schedule found in the appendix of this code.
(D) 
Issuance of Permit:
When upon review of the application the building inspector is satisfied that the proposed plan meets the requirements of this article, a permit shall be issued.
(E) 
Appeal From Denial of Permit by the Building Inspector:
Any person affected by the refusal of the building inspector to issue a permit under the provisions of this article as set out in this section may request and shall be granted a hearing on the matter before the city council, provided that such person shall file within thirty (30) days after the date the permit was refused, in the office of the building inspector, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the building inspector shall forward it to the city secretary who shall request the city council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such refusal should be modified or withdrawn.
(F) 
Hearing Order:
After such hearing, the city council shall issue an order in writing sustaining, modifying or withdrawing the refusal which order shall be served as provided in this section hereof. Upon failure to comply with an order by the city council sustaining or modifying a decision thereof, the occupancy permit and the license of the park affected by the order shall be revoked.
(3) 
Permits.
(A) 
(i) 
A permit is required annually for each HUD manufactured home park or vacation travel trailer park. It shall be unlawful for any person to operate any such park within the limits of the city unless he holds a valid permit issued annually by the city tax department in the name of such person for the specific park.
(ii) 
This annual permit can be issued when the owner or agent shows written evidence that the HUD manufactured home park or vacation travel trailer park and its facilities have been inspected and approved by the city-county health department and the city fire department not more than thirty (30) days prior to the date of permit application. This nontransferable permit may be obtained at the city tax office.
(iii) 
The city tax department shall send out notices thirty (30) days before expiration date and follow-up to insure this annual permit is obtained.
(B) 
Display:
The permit shall be conspicuously posted in the office of the HUD manufactured home park or vacation travel trailer park at all times.
(C) 
Revocation:
The permit to maintain and operate a HUD manufactured home park or vacation travel trailer park shall be revoked by the city tax department upon ten (10) days’ notice when recommended by the city-county health department, building inspector, or fire department on the finding of a violation of any provision of this article. A new permit may be issued if the circumstances leading to revocation have been remedied.
(4) 
Inspection.
(A) 
Inspection Required:
The building inspector, the city-county health officer, the fire chief, the police chief and the tax assessor-collector are hereby authorized and directed to make such inspections as are necessary to determine compliance with this article.
(B) 
Entry on Premises:
The building inspector, the city-county health officer, the fire chief, the police chief and the tax assessor-collector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this article.
(C) 
Inspection of Register:
The building inspector, the city-county health officer, the fire chief, the police chief and the tax assessor-collector shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the HUD manufactured home or vacation travel trailer park.
(D) 
Duty of Occupants:
It shall be the duty of every occupant of a HUD manufactured home park or vacation travel trailer park to give the permittee, his agent or authorized employee access to any part of such park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article.
(E) 
Register of Occupants:
It shall be the duty of the permittee to keep a register containing a record of all HUD manufactured home and vacation travel trailer owners and occupants located within the park. This register shall be kept for a period of two (2) years and be readily available for inspection by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register shall contain the following information:
(i) 
Name and address of each occupant;
(ii) 
The make, model, year, license number and state registration of all automobiles, HUD manufactured homes and vacation travel trailers;
(iii) 
The date of arrival and departure of each HUD manufactured home and vacation travel trailer; and
(iv) 
Information forms will be furnished by the city.
(Ordinance 635, sec. 9, adopted 11/17/81; Ordinance 843 adopted 12/18/00; Ordinance 916, sec. 2, adopted 12/3/07; Ordinance 1043 adopted 9/9/19)