Magnolia City Zoning Code

1. Purpose. The purpose of this Article is to establish the general standards for the development of residential and nonresidential uses that are allowed within each zoning district set out in Section 2-1-1.03, Zoning Districts.
2. Application. This Article establishes regulations for parcels proposed for development, which is organized as follows:
   1. New neighborhoods;
   2. Established neighborhoods; and
   3. Nonresidential and mixed-use development.

Effective on: 1/1/1901

1. Application. These standards apply to all subdivisions or resubdivisions of property that create at least two buildable lots and to all proposed developments with at least two dwelling units on a single parcel.
2. Standard and Alternate Development. Set out in Table 3-1-1.02, Residential Development Standards, are standard and alternate development options for each residential district. The development (minimum lot area, minimum open space ratio, and maximum gross density) and lot and building standards (lot width, setbacks, and building height) are set out for each district and option. The Semi-Urban Residential (SU) District includes more than one alternate development option, including a small lot single family neighborhood, or a mix of housing types provided a maximum gross density of 5.15 dwelling units per acre. The minimum area of development required for the alternate development options is 10 acres. The alternate development options offer more density with a higher percentage of common open space, which is to accommodate resource protection and to preserve the environment and character of Magnolia. Both the standard and alternate development options are permitted by right, subject to the standards of this Table.
3. Standards. The development and lot and building standards for each residential district are set out in Table 3-1-1.02, Residential Development Standards, and include:
   1. Development Standards.
      1. Minimum lot size;
      2. Minimum open space ratio (OSR); and
      3. Maximum gross density.
   2. Lot and Building Standards.
      1. Minimum lot width;
      2. Minimum front, interior and street side, and rear yard setbacks; and
      3. Maximum building height.
   3. Accessory Buildings and Structures. Set out in Section 2-3-3.02, Accessory Buildings and Structures, are additional standards and exceptions that apply to both new and established neighborhoods.
4. Measuring Density. The total number of dwelling units that is allowed is determined by applying the minimum open space ratio and maximum gross density for the respective district set out in Table 3-1-1.02, Residential Development Standards, by the acreage of the property proposed for development.
5. Housing Types. Set out in Table 3-1-1.02, Residential Development Standards, are the standards for different housing types, which are applicable only in a planned development in the Semi-Urban Residential (SU) District. Duplexes are permitted by-right in the SU District. Townhouses and apartments are permitted by conditional use in the SU District, subject to the standards in this Table.
6. Interpretation of Table. The table may be interpreted as follows:

   Development Standards

   1. District refers to the zoning districts set out in Table 2-1-1.03, Zoning Districts.
   2. Minimum Lot Area sets out the minimum lot size that is used to establish the gross density within each district.
   3. Minimum Open Space Ratio (OSR) sets out the minimum amount of common open space that is required within each district.
   4. Maximum Gross Density sets out the maximum number of dwelling units per acre for each district.

   Lot and Building Standards

   1. Lot Width sets out the minimum width of the lot at the building line.
   2. Minimum Setbacks sets out the minimum front, interior and street, and rear building setbacks for each district.
   3. Maximum Building Height sets out the maximum height of buildings within each district.

7. Lot Averaging. Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size. On an optional basis, the lot area and width dimensions in Table 3-1-1.02, Residential Development Standards, may be averages for each zoning district. Lot averaging may only be applied where both of the following conditions apply:
   1. Equal to or Greater. The average lot area and average lot width are equal to or greater than the lot area and lot width specified in Table 3-1-2.02, Residential Development Standards.
   2. Greater than 90 Percent. No lot has a lot area or lot width that is less than 90 percent of the lot area or lot width specified in Table 3-1-1.02, Residential Development Standards (see Figure 3-1-1.02, Lot Averaging).

8. Requirements for Phased Developments. The maximum residential development capacity of the entire parcel proposed for development shall be used for calculating compliance with the minimum open space ratio and maximum gross density set out in Table 3-1-1.02, Residential Development Standards.

Effective on: 1/1/1901

1. Purpose. The purpose of this Section is to:
   1. General Standards. Establish general development standards for residential lots in the NC.1, NC.2, NC.3, NC.4, and NC.5 Sub-districts, which apply to the development of vacant lots, redevelopment of existing buildings, or expansion of existing buildings in platted neighborhoods; and
   2. Alternate Standards. Establish alternative development standards for residential lots in the NC.1, NC.2, NC.3, NC.4, and NC.5 Sub-districts, which apply to expansion or reconfiguration of existing buildings when the expansion or reconfiguration would not comply with the standards set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
2. Application. This Section applies to development within the NC District, in Sub-districts NC.1, NC.2, NC.3, NC.4, and NC.5, including:
   1. Compliance with Standards. New development, redevelopment, and building modifications or expansions that comply with the standards set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods, for the applicable district are allowed in that district for the use, lot, and building standards for existing neighborhoods.
   2. Noncompliance with Standards. If a proposed building modification or expansion does not comply with the standards, then the application shall be evaluated according to the alternative standards of Subsection E., Alternative Setback Standards, below.
3. Conforming Lots and Buildings.
   1. Buildings. All buildings that lawfully existed or were the subject of an active building permit on the effective date of this UDC are "conforming" buildings with respect to the height and setback requirements set out in this Section if they are located in the NC.1, NC.2, NC.3, NC.4, and NC.5 Sub-districts. However, this Section does not make the following buildings conforming:
      1. Buildings that were constructed without required permits; and
      2. Buildings that were constructed in violation of permit requirements.
   2. Lots. All lots that lawfully existed on the effective date of this UDC are "conforming" with respect to lot width and lot area if they are located in the NC.1, NC.2, NC.3, NC.4, and NC.5 Sub-districts. The lot width and lot area requirements of Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods, apply only to the subdivision or combination of existing lots or parcels within these districts after the effective date of this UDC.
4. Development Standards.
   1. Generally. The standards of this Section are applied by right in the NC.1, NC.2, NC.3, NC.4, and NC.5 Sub-districts. If an application does not comply with these standards, then the parts of the application that do not comply (e.g., setbacks) are evaluated according to the alternate development standards set out in Subsection E., Alternative Setback Standards.
   2. Lot and Building Standards for Existing Uses. The front, interior and street-side, and rear yard setbacks; building height, and building coverage ratio standards for the NC.1, NC. 2, NC. 3, NC.4, and NC.5 Sub-districts are set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods. Where different setback standards are specifically shown on an approved, recorded final plat, then standards that are shown on that plat shall supersede the corresponding setback standards in this Table.

5. Alternate Setback Standards.
   1. Generally. This Subsection applies only to modifications of existing buildings, where the proposed modification involves encroachment into a setback that is required by Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods. Any specific setback that complies with the table is not subject to further review under this Subsection.
   2. Relationship to Variances. Compliance with the standards of this Subsection is equivalent to compliance with the standards of Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods, and approvals hereunder are not considered variances. Variances shall not be granted to allow encroachments if the encroachments could be permitted pursuant to the standards of this Subsection.
   3. Relationship to Easements and Rights-of-Way. The standards of this Subsection shall not be construed to authorize construction of buildings or portions of buildings in utility or drainage easements or public rights-of-way.
   4. Alternative Front Setbacks. The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods:
      1. Front setbacks may be reduced by up to two feet from their existing location in order to enclose an existing front porch.
      2. Front setbacks may be reduced by up to eight feet from the standards set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods, in order to allow for the construction of a front porch, provided that:
         1. The added front porch would not be located closer than 10 feet to the front property line;
         2. The porch would not encroach into or reduce the required on-site parking; and
         3. The porch may be enclosed with a screened enclosure, but shall not be fully enclosed with walls and windows.
      3. Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same zoning district, provided that:
         1. The lot proposed for development is not counted in the calculation; and
         2. If the lot takes vehicular access from the front, the driveway must be at least 25 feet long, measured from the property line at the right-of-way to a building wall or garage door (see Figure 3-1-1.03, Front Setback Averaging).

1. 5. Alternative Street Side Setbacks. The following standards may be applied to street side setbacks as an alternative to the street side setback standards set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
      1. The street side setback may be reduced by up to 2.5 feet if:
         1. There is an existing sidewalk along the side street that is at least four feet wide;
         2. A planting strip is located within the public right-of-way between the edge of the sidewalk and the property line;
         3. The planting strip is at least five feet wide along the portion of the property that would be affected by the setback reduction; and
         4. The street is classified as a local residential street and there are no plans for expansion of the paved width of the street.
      2. The street side setback may be reduced to five feet if:
         1. The street side yard abuts a Type A bufferyard that screens the development from an arterial or collector street;
         2. The bufferyard includes an opaque fence that complies with the standards of Section 2-3-3.01, Fences and Walls, with respect to the continuity of subdivision fencing, and separates the side yard from the street;
         3. There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points;
         4. The portion of the building to which the reduced setback applies is not more than one story in height; and
         5. The side yard setback complies with Section 5-2-2.06, Sight Distance Requirements.
   6. Alternative Interior Side Setbacks. Interior side setbacks may be reduced to three feet along lot lines that abut tracts that are designated as permanent open space or an easement, provided that the tracts are at least 25 feet wide along the entire length of the lot line.
   7. Alternative Rear Setbacks. The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 3-1-1.03, Use, Lot and Building Standards for Existing Neighborhoods.
      1. Rear setbacks that abut lots or parcels that are designated as permanent open space or an easement that is at least 25 feet wide along the distance of the lot proposed for development may be reduced to 10 feet.
      2. The rear setback may be reduced to 10 feet if:
         1. The rear yard abuts the right-of-way for an arterial or collector street;
         2. An opaque fence that complies with the standards of Section 2-3-3.01, Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street;
         3. The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and
         4. The portion of the building to which the reduced setback applies is not more than one story in height.

Effective on: 1/1/1901

1. Generally. The standards that are applicable to nonresidential and mixed-use development are provided in Table 3-1-1.04.1, Nonresidential and Mixed Use Standards. The table includes provisions for minimum landscape surface ratio (LSR), floor area ratio (FAR), minimum lot area, minimum street frontage, and maximum building height.
2. Applicability. The standards of this Section apply to nonresidential and vertically mixed-use buildings.
3. Setbacks.
   1. The required setbacks for nonresidential and mixed-use buildings are set out in Table 3-1-1.04.1, Nonresidential and Mixed Use Standards.
   2. If Division 8-3-1, Bufferyards, requires a bufferyard that is wider than the setback that is required by this Section, then the width of the setback shall be at least the width of the required bufferyard.
   3. Residential district boundary setbacks apply to buildings or outdoor uses (except parking) on parcels that abut property that is located in the RU, RE, SR, SU, and NC (including NC.1, NC.2, NC.3, NC.4, and NC.5, Sub-districts). If the residential district boundary setback is indicated as "n/a," then there are no special setback requirements in relation to abutting residentially zoned property.
   4. Where a nonresidential or mixed-use building abuts or is contiguous to a residential district or use, then in addition to the building setbacks set out in Table 3-1-1.04.1, Nonresidential and Mixed Use Standards, the building shall be set back one foot from the property line for each one foot in building height over the maximum building height (see Figure 3-1-1.04, Setback Planes). This is applicable if the maximum building height set out in Table 3-1-1.04.1, Nonresidential and Mixed Use Standard, is greater than that allowed in the residential district.

(Ord. No. O-2020-012, 04/14/2020)

Effective on: 4/14/2020