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Mansfield City Zoning Code

SPECIAL PURPOSE

DISTRICT REGULATIONS

§ 155.065 GENERAL PROVISIONS.

   The special purpose subchapter is designed as an inclusive subchapter that establishes sets of standards for uses or areas that deserve specific, independent considerations. None of the districts contained in this subchapter are cumulative.
(Ord. 671, passed 4-15-86)

§ 155.066 PD, PLANNED DEVELOPMENT DISTRICT REGULATIONS.

   (A)   Purpose. This district is intended to accommodate unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. This district is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and parking facilities in order to best utilize special site features of topography, size or shape.
   (B)   Permitted uses. Uses permitted in a PD, Planned Development District, are set forth in § 155.054.
   (C)   Development standards and regulations.
      (1)   Height regulations. The maximum height requirement for permissible uses in this district shall be established on the approved development plan with due regard to site and general area characteristics including land use, zoning, topography and setbacks, etc.
      (2)   Density regulations. The density requirement for development shall be established on the approved development plan taking into account the goals and objectives, planning principles, and guidelines in the adopted Master Land Use Plan.
      (3)   Open space regulations. Provisions for public, private and common open space shall be evaluated with due regard to density, site coverage, and physical characteristics of the site. Common open space must be usable for recreational activities including but not limited to playgrounds, trails, or other passive or active play areas. No open space shall be proposed that is less than 20 feet in width to accommodate a minimum section of trail surface, landscape buffer area and space for maintenance. Ownership and maintenance of these areas must be addressed with the plan proposal.
      (4)   Off-street parking regulations. The off-street parking requirements shall be established on the approved development plan and generally in accordance with § 155.091, hereof. The location, number of spaces and size of parking areas shall be evaluated with due regard to vegetation, topography, and other physical characteristics of the site.
      (5)   Setback regulations. The setback requirements shall be established on the approved development plan.
      (6)   Masonry construction standards. The masonry construction standards shall be established on the approved development plan.
      (7)   Landscaping and screening regulations. The landscaping and screening requirements shall be established on the approved development plan but shall not be less than the minimum requirements for development prescribed in § 155.092 unless a reduction, change or modification of the landscaping and screening requirements is approved by the City Council as part of the development plan.
      (8)   Tree preservation and mitigation. Preservation of trees shall be evaluated with due regard to aesthetics and other physical characteristics (e.g. topography, view corridors, utilities, access) of the site. This evaluation should be made prior to the design and layout of proposed improvements such that the environment suggests design. The requirements for tree preservation and mitigation shall be established through the policies and procedures prescribed in the Natural Resources Management Ordinance in cooperation with the Landscape Administrator. The city deems it necessary that a developer consult with the Landscape Administrator as early in the site search, acquisition and planning process as possible so as to minimize negative impacts on the development.
   (D)   Approval procedures.
      (1)   A concept plan shall be required as a pre-requisite to any application for PD, Planned Development zoning.
      (2)   The Planning and Zoning Commission and City Council will each hold a public hearing to review the proposed concept plan. The review of the concept plan does not grant any change in zoning. It merely allows the applicant to seek a conceptual review before spending the necessary resources to prepare a development plan.
      (3)   After the concept plan review and a favorable indication from Planning and Zoning and Council, the applicant may submit a formal application for zoning change to a Planned Development District and for approval of a development plan. Such application shall be submitted in accordance with the provisions of § 155.115. The procedures for hearing said zoning change application and for approval of the development plan shall be the same as for an application for any other zoning change.
      (4)   The applicant has the option to by-pass the concept plan review process if prepared to submit a development plan without any prior indication from the Planning and Zoning Commission and City Council regarding the development concept.
      (5)   Prior to considering an application for a zoning change to a Planned Development District and development plan, the City Council shall request a recommendation from the Planning and Zoning Commission.
      (6)   After receiving the Planning and Zoning Commission's recommendation, the City Council shall hold a public hearing to consider the application.
      (7)   After the public hearing, City Council may approve the original application and development plan or modify the development plan as deemed appropriate by the City Council.
      (8)   The approved development plan and the associated development standards and regulations to be observed on the Planned Development District shall be specified and incorporated as part of the ordinance establishing the district. Every Planned Development District approved under the provisions of this chapter shall be considered an amendment to the zoning ordinance and zoning map.
   (E)   Concept plan application. An application for review and consideration of a concept plan shall consist of the following:
      (1)   A complete signed application as provided by the Planning Department or on the city's website at www.mansfield-tx.gov.
      (2)   The appropriate fee in accordance with the current fee schedule adopted by City Council.
      (3)   On a separate 8½" X 11" exhibit, provide a metes and bounds description of the property included in the concept plan boundaries, including the total acreage, signed and sealed by a registered surveyor.
      (4)   On a separate 8½" X 11" exhibit, list the proposed specific land uses in detail and the approximate acreage data for each use. If land uses are general, refer to the nearest, least intensive zoning district that would accommodate the proposed use and any excluded uses. Example: All uses permitted in the "C-3, Commercial District, excluding outside storage or sales".
      (5)   An electronic copy of the plan in accordance with current established policy.
      (6)   All large format drawings shall be folded to an approximate size of 8½" X 11" with the title block showing.
      (7)   Copies of the plan shall be submitted to the city in the manner specified by the most current submittal policies. The plan must be drawn to an acceptable size and scale and must indicate all significant features of the proposed development to include:
         (a)   A vicinity map locating the property in relationship to existing major thoroughfares.
         (b)   Title block, preferably in lower right-hand corner, including the following: "Concept Plan, name of development, survey and abstract number or recorded plat information, city, county, state, date of preparation, acreage and number of lots".
         (c)   Acceptable scale: 1" = 20', 1" = 40', 1" = 100' or as approved.
         (d)   Type size is legible at full scale and when reduced.
         (e)   North arrow, graphic and written scale in close proximity.
         (f)   Name, address, phone and fax of owner/developer and the firm preparing the plan.
         (g)   A map showing the boundaries of the different land uses and the boundary dimensions.
         (h)   Adjacent or surrounding land uses, zoning, streets and other pertinent existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility of the site to the surrounding properties, uses and facilities.
         (i)   The location, height, setbacks and minimum floor areas for all buildings and if non-residential, the floor area ratio.
         (j)   The number, location, and typical dimensions of the lots, the setbacks, the number of dwelling units, and number of units per acre (density).
         (k)   The location, type, and size of all fences, berms, or screening features.
         (l)   When deemed necessary, the Planning and Zoning Commission or City Council may ask for more information during the review of a concept plan.
   (F)   Development plan application. An application for zoning change to PD, Planned Development shall consist of the following:
      (1)   A complete signed application as provided by the Planning Department or on the city's website at www.mansfield-tx.gov. The appropriate fee in accordance with the current fee schedule adopted by City Council.
      (2)   On a separate 8½" X 11" exhibit, provide a metes and bounds description of the property included in the zoning change request, including the total acreage, signed and sealed by a registered surveyor.
      (3)   On a separate 24" X 26" or 22" X 34" sheet, drawn at the same scale as the plan, show the approximate topography of the plan area, all water courses that will remain in a natural state, 100-year floodway and a 100-year floodplain per FEMA and other hydraulic and hydrologic studies as necessary. Provide two copies.
      (4)   On a separate 24" X 36" or 22" X 34" sheet, drawn at the same scale as the plan, show proposed and existing water and sanitary sewer locations. Also include the locations and sizes of private water and sanitary sewer lines. Provide two copies.
      (5)   On a separate 8½" X 11" exhibit, list the specific land uses in detail and the acreage data for each use. If land uses are general, refer to the nearest, least intensive zoning district that would accommodate the proposed use and excluded uses. Example: All uses permitted in the "C-3, Commercial District, excluding outside storage or sales".
      (6)   A separate exhibit and documents indicating the traffic volumes, turning movements, evaluation of ingress and egress existing and proposed, when required by the City Engineer.
      (7)   An electronic copy of the plan in accordance with current established policy.
      (8)   All large format drawings shall be folded to an approximate size of 8½" X 11" with the title block showing.
      (9)   Copies of the plan shall be submitted to the city in the manner specified by the most current submittal policies. The plan must be drawn to an acceptable size and scale and must indicate all significant features of the proposed development to include:
         (a)   A vicinity map locating the property in relationship to existing major thoroughfares.
         (b)   Title block, preferably in lower right-hand corner, including the following: "Development Plan, name of development, survey and abstract number or recorded plat information, city, county, state, date of preparation, acreage and number of lots".
         (c)   Acceptable scale: 1" = 20', 1" = 40', 1" = 100' or as approved.
         (d)   Type size is legible at full scale and when reduced.
         (e)   North arrow, graphic and written scale in close proximity.
         (f)   Name, address, phone and fax of owner/developer and the firm preparing the plan.
         (g)   A map showing the boundaries of the different land uses and the boundary dimensions.
         (h)   Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, sufficient to demonstrate the relationship and compatibility of the site to the surrounding properties, uses and facilities.
         (i)   The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic and the proposed access and connection to existing or proposed streets adjacent to the plan area. Include a chart indicating the number of required parking spaces by use, the method of calculation and the number of proposed parking spaces.
         (j)   The types of surfacing, such as paving (e.g. concrete, brick, turf, etc.) to be used at the various locations.
         (k)   The location and size of all fire lanes with all curb radii adjacent to the fire lane labeled. The nearest fire hydrant dimensioned to the property corner and all proposed fire hydrants.
         (l)   The location, height, setbacks and minimum floor areas for all buildings, and if non-residential, the floor area ratio. Include the following building details for non single-family developments:
            1.   Entrance and exits to the building.
            2.   Architectural renderings or elevations of proposed structures with all exterior materials for roofs, awnings, walls etc. labeled.
            3.   Calculations of the masonry content on each facade and in total for each building. (Example: Area of front facade = h x l, percent masonry = 80%)
            4.   Distance between buildings and distance from building to property lines.
         (m)   The number, location, and dimensions of the lots; and the setbacks, number of dwelling units, and number of units per acre (density). A graphic showing a typical lot layout, with size and setbacks.
         (n)   The location of all on-site facilities for liquid waste or method of temporary storage pending disposal, including existing or proposed septic fields.
         (o)   The location, size and type of each outside facility for waste or trash disposal. If no facility is shown, provide a note indicating method of disposal and removal.
         (p)   A tree survey locating all protected trees by type, size and species in a printed and electronic format, as required by the Landscape Administrator, and mitigation plan, if required by the city's Natural Resources Management Ordinance. (Refer to the Tree Preservation Application as found on the city's website.)
         (q)   A landscape plan showing all landscape setbacks and buffers; parking lot landscaping; and any additional landscaping proposed. A chart indicating the size, length and width of the landscape areas, with the required number of plants and the proposed number of plants should be included on the plan. The landscape plan may be presented on a separate exhibit on the same sheet size and at the same scale as the site plan.
         (r)   The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. If private, indicate the proposed ownership.
         (s)   The approximate location and size of required Parkland Dedication areas, as required by the city's Parkland Dedication Ordinance for residential development.
         (t)   The location, type, and size of all fences, berms, or screening features.
         (u)   A plan, including elevations, showing location, size, height, orientation and design of all signs regulated by the city's sign ordinance.
         (v)   The location, size and type of all pedestrian areas, bike paths and sidewalks.
         (w)   The location, size, type and purpose of any outside storage or outside display and method of screening. Indicate the percentage of outside storage as compared to the building square footage.
         (x)   Phases of development should be shown and labeled. Provide a development schedule indicating the start and finish date of each phase, broken down by use and acreage.
         (y)   When deemed necessary, the Planning and Zoning Commission or City Council may ask for more information during the review of a Planned Development. Likewise, they may waive some of the information if the application is a simple request to deviate from the existing zoning category on the property.
         (z)   If applicable, show the following mandatory Owners Association notes:
            1.   A mandatory Owners Association will be responsible for the maintenance of the "insert list of private amenities and common areas here". (Example: screening fences, common areas, parks, amenity centers, landscaping)
            2.   The Owners Association and associated documents shall be filed in accordance with the City of Mansfield policies. These documents must be reviewed by the City Attorney prior to filing the final plat. The documents shall be filed with the final plat at Tarrant County when deemed necessary by the Attorney. The documents shall be submitted in a timely manner to allow for a minimum of 60 days review. Failure to submit the documents or incomplete documents may result in delay of construction, acceptance of the subdivision or delay in approval of a building permit. The city does not accept the responsibility for any delays in construction, approval or acceptance of the subdivision caused by the failure to submit the association documents or the inaccuracy of the documents.
      (10)   A statement that clearly indicates that the proposed development will be in complete accordance with the provisions of the approved Planned Development District and that all Development Plans recorded hereunder shall be binding upon the applicant thereof, his successors and assigns, and shall limit and control all building permits.
   (G)   Amendments. The Director of Planning and Development may approve minor variations or revisions from the original Planned Development which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods. The Director of Planning may refer any variation or revision that warrants special consideration to the City Council for its review. If, in the City Council's determination, the variation or revision does not constitute a significant change, no public hearing shall be called and the variation or revision shall be deemed approved. The City Council in its sole discretion may direct any variation or revision to the Planning and Zoning Commission for its review and recommendation and, in such event, said variation or revision shall follow the procedures set out in § 155.115 herein regarding amendments to the zoning ordinance.
   (H)   Platting required prior to development.
      (1)   Prior to issuance of any building permits, the development plan shall reflect all stipulations as approved by the City Council and the property shall be final platted in accordance with the subdivision ordinance and platting policies of the city.
      (2)   When a development plan has been approved, final plats may be submitted in phases as shown on the approved plan. In no case, however, shall the density of all approved final plats exceed the maximum approved project density.
   (I)   Maintenance of common open space. When common open space, common recreational areas or private utilities and private streets are approved as a part of a development plan, the applicant for the approval of the applicable Planned Development District shall also submit a scheme, subject to the approval of the City Attorney and City Council, for assuring continued retention and perpetual maintenance of said items for as long as the development exists. The associated documents must be reviewed by the City Attorney prior to filing the final plat. The documents shall be filed with the final plat at Tarrant County when deemed necessary by the Attorney. The documents shall be submitted in a timely manner to allow for a minimum of 60 days review. Failure to submit the documents or incomplete documents may result in delay of construction, acceptance of the subdivision or delay in approval of a building permit. The city does not accept the responsibility for any delays in construction, approval or acceptance of the subdivision caused by the failure to submit the Association documents or the inaccuracy of the documents.
   (J)   Enforcement of development schedule. If the developer or property owner fails to adhere to the development schedule shown in the approved development plan, the city has the option to initiate an amendment of the Planned Development District or development plan as deemed necessary by the City Council. The procedures for amending the Planned Development District or development plan shall be the same as for a new zoning change application.
(Ord. 671, passed 4-15-86; Am. Ord. OR-2189-20, passed 10-26-20)

§ 155.067 FR, FREEWAY OVERLAY DISTRICT REGULATIONS.

   (A)   General purpose and description. This district shall function as an overlay zoning district the regulations of which are superimposed and shall supersede the regulations of an approved standard zoning district; such standard zoning districts identified as the PR, A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2, OP, C-1, C-2, C-3, I-1, I-2, MH and PD District. Where provisions of the "FR", Freeway Overlay Districts shall be applicable to any property which is adjacent to and within 300 feet of the right-of-way lines of a highway abutting a FR District in the City of Mansfield, the "FR" District is created as an overlay district whereby it is recognized that certain specific standards relative to land use, set backs, signage, and the like are appropriate and necessary that such standards shall be superimposed and shall supersede the regulation of an approved standard zoning district. Where such district regulations are in conflict with the provisions of these sections, all regulations of the approved standard zoning districts shall be in effect except as identified in this section.
   (B)   Use regulations. A building or premise in this district shall be used only for the following purposes:
      (1)   Any use identified in the MF-1, MF-2, OP, C-1, C-2, C-3 or I-1 districts subject to the conditions identified in division (C) herein prohibiting certain land uses or requiring restricted use approval for certain identified land uses so long as said uses are permitted within the approved standard zoning district. No cumulative use permitted in a standard zoning district with a "FR" prefix shall be permitted unless provided for herein.
   (C)   Uses identified in this division are expressly prohibited as the primary use of land on any lot or tract in the FR, Overlay District. Such uses are also prohibited secondary uses except as identified in this section as permitted secondary usage:
      (1)   Any use identified in the MH, C-4 or I-2 district unless otherwise permitted.
      (2)   Plant nursery.
      (3)   Mobile homes, trailers, temporary buildings, tents, except as temporary office for construction or business relocation and only in compliance with § 155.081(B).
      (4)   Open warehousing except as specifically provided herein.
      (5)   Any outside storage of vehicles for repair, storage, sale or use except as a secondary use to a permitted use provided herein.
      (6)   Travel trailer park.
      (7)   Rental stores with outside storage or display.
      (8)   Landscape materials, sales, rental or supply with outside storage.
      (9)   Any outside storage of materials or products for finishing fabrication or disposal.
      (10)   Pool or billiard hall.
      (11)   Amusement center.
      (12)   Amusement park except as a planned development, or specific use.
      (13)   Outdoor amusements including but not limited to commercial swimming pool, drive-in theater, driving range miniature golf course, riding stable or club.
      (14)   Buildings or enclosed structures whereby vehicles may enter into and pass completely through to the other side, except for the following purposes:
         (a)   Mechanical service or modification;
         (b)   Inspection; and
         (c)   Electronic product or component installation.
      (15)   Second hand goods.
      (16)   Pawn shop.
      (17)   Kennel.
      (18)   Carwash with exception that a single bay fully automatic car wash be permitted as a secondary use to retail gasoline sales.
      (19)   New or used motor vehicle part sales with outside storage.
      (20)   Used motor vehicles sales except as a secondary use to new motor vehicles sales.
      (21)   Tire recapping or retreading.
      (22)   Salvage or reclamation.
      (23)   Temporary storage of impounded vehicles or vehicles awaiting dismantling or repair.
      (24)   Trailer rental, sales or storage.
      (25)   Truck or motorcycle rental, storage or secondary sales except as a secondary use to new truck or motorcycle sales.
      (26)   Heavy equipment rentals, sales or storage, new or used.
      (27)   Any use involving nude employees.
      (28)   Book stores, theaters, or movie houses except those within a strip commercial shopping center, shopping mall or as part of a planned development as provided herein.
      (29)   Petroleum products, wholesale storage.
      (30)   Planning mill.
      (31)   Railroad yard, shop; truck terminal, stops.
      (32)   Night club, bar or private club except as a secondary use to a hotel, motel, restaurant and provided that the sale of food constitutes a minimum of 60% of total sales.
      (33)   Any use incorporating the housing outdoors or indoors of any livestock or animals except as a secondary use to an amusement park or Planned Development for amusement purposes (specific use permit required).
      (34)   Drive-thru or to go food services except as a secondary use to a walk-in restaurant.
   (D)   Restricted land uses. Any building or premises in this overlay district may be used for the purpose identified in this division only when the use has been specifically approved by specific use permit in compliance with the provisions of § 155.080.
      (1)   Single-family dwelling, zero-lot-line dwelling, and two-family dwelling.
      (2)   Amusement park (except as may be incorporated as part of a planned development).
      (3)   Dance hall or night club.
      (4)   Recycling collection center.
      (5)   Building materials and lumber sales with outside storage.
      (6)   Any secondary use incorporating housing of animals indoors.
      (7)   Auto repair, auto paint and body shop and auto service establishments that meet the requirements of § 155.099 and the following conditions; provided that a car wash shall continue to be prohibited as shown in § 155.067(C) and that an auto service department of a new car dealership shall be exempt from the specific use permit requirement depicted in § 155.067(D) above.
         (a)   Architectural elements shall be required to enhance all building facades. Such architectural elements may include cornices, moldings, pilasters, wall recesses or projections, arches, special entryways, awnings, canopies, porticoes, pitched roof and/or combinations of such elements. In addition, architectural details such as a variety of patterns, colors and textures of building materials shall also be required. Building elevation drawings shall be included as a part of the application for the specific use permit. Elevation drawings shall be in color and depict the proposed architectural elements and details.
         (b)   No service bay shall face an abutting public street or highway if it is not completely behind a screening enclosure.
         (c)   No service bay shall be located less than 100 feet from the highway right-of-way if it is not completely behind a screening enclosure.
         (d)   Service bays that are not totally screened by an existing intervening building shall be screened from view from any highway that abuts the property where the service bays are located. Screening shall be achieved by a solid masonry wall, earthen berm or a combination of screening wall and earthen berm that is ten feet high minimum, located perpendicular to the exterior facade of the first service bay nearest to the highway to extend out a distance of 20 feet beyond the service bay.
            1.   The screening wall shall be constructed of the same material used predominately on the building facade that faces the highway.
            2.   If an earthen berm is used, it shall be designed and constructed to prevent any drainage and erosion problems. The maximum slope for an earthen berm shall be 3:1 (i.e. three feet width for every foot in height).
         (e)   In addition to the street landscape setback required in § 155.092 and the screening described in this section, additional landscaping, in the amount of 10% of the total area of the property, shall be provided to enhance the appearance from any public street or highway that abuts the property and minimize the view of the service bays.
         (f)   To demonstrate the effectiveness of the proposed landscaping and screening, the following documents shall be submitted as part of the application for the specific use permit:
            1.   A landscape plan prepared by a registered landscape architect;
            2.   A line of sight drawing prepared by a qualified design professional; and
            3.   A perspective rendering or axonometric drawing prepared by a qualified design professional.
         (g)   Whenever service bay doors face a side property line, a 20 foot wide landscape buffer shall be provided along the entire side property line. When there are service bay doors on more than one side of the building, this requirement shall apply to all side property lines across from service bay doors. The 20 foot landscape buffer shall be planted at the rate of one approved screening tree for each 200 square feet or portion thereof. At the time of planting, each screening tree shall be a minimum of ten to 11 feet in height, six to seven feet spread, and a minimum of three and one-half inch caliper measured 18 inches above ground. Screening trees shall be chosen from the list in division (1) below. As an alternative to screening trees, a developer may choose from the canopy trees listed in § 155.092, as long as the minimum height and caliper requirements above are met. If canopy trees are utilized, they shall be planted at the rate of one tree for each 300 square feet or portion thereof, and shrubs shall be planted between trees to provide adequate screening. The screening shrubs shall be planted no further apart than four feet on center in two continuous, alternating rows so that screening should be effective within two growing seasons. Screening shrubs shall be a minimum of seven gallon or larger with a minimum height of three-and-a-half feet at the time of planting and shall be chosen from the list in division (2) below.
            1.   Screening trees. Approved screening trees may not be limbed up and the foliage must be full-to-the-ground. Approved screening trees include Eastern Red Cedar, Leyland Cypress, Elderica Pine, Cherry Laurel, and Nelly R. Stevens Holly. The Landscape Administrator may approve other screening trees.
            2.   Screening shrubs. Approved screening shrubs may not be limbed up and the foliage must be full-to-the-ground. Approved screening shrubs include Waxmyrtle, Dwarf Waxmyrtle, Burford Holly, Dwarf Burford Holly, Nandina, Texas Sage, Pampas Grass, Chinese Holly, and other selections of holly which will reach at least five feet in height. The Landscape Administrator may approve other screening shrubs.
         (h)   Service bay doors shall be painted with a neutral or earth tone color. The developer may propose an alternate color that the Planning and Zoning Commission and City Council may determine to be appropriate for the building design and not detract from the aesthetic quality of the development and surrounding properties. The intent of this provision is to avoid drawing attention to the service bay doors. Glass or transparent overhead doors shall not be permitted.
         (i)   Vehicles awaiting repair or pickup may be stored overnight only in enclosed spaces. Notwithstanding the foregoing, an auto paint and body shop may store vehicles awaiting repair provided the vehicles are completely behind a screening enclosure.
         (j)   There shall be no outside storage or display of materials, including goods or products (i.e. tires, batteries, auto parts, etc.) awaiting sale, installation, disposal, finishing or fabrication.
         (k)   A screening enclosure referenced or required in this section shall be at least six feet in height and constructed of the same material used predominately on the building facade.
         (l)   The screening and/or landscaping requirements described above may be modified by the City Council if they find that the structure is architecturally designed to effectively screen the service bay doors from view from abutting properties and abutting public street or highway.
         (m)   The site plan, elevations, landscape plan, line of sight drawing and perspective rendering/axonometric drawings that are submitted to demonstrate architectural elements, effectiveness of screening, and architectural details shall be binding on the development and subsequent expansions.
         (n)   Buildings constructed for any use permitted under this subsection are limited to one story and maximum height of 35 feet.
   (E)   Set back regulations.
      (1)   On federal or state numbered highways or access roads the minimum set back adjacent to such highways or access road shall be 25 feet measured from the right-of-way line.
      (2)   On all arterial streets as designed in the thoroughfare plan adopted by the City Council, minimum set back adjacent to such streets shall be the same as the approved standard zoning district except that in no case shall such set back be less than 20 feet from the property line.
      (3)   All other set backs including interior lot line, setbacks and set backs on minor or collector streets, shall be in compliance with the approved standard zoning district.
      (4)   On any lot in this district used for non-residential purposes which adjoins any non "FR" prefix residential district, the minimum setback adjacent to such residential district shall be 15 feet and shall meet the screening requirements of § 155.092.
   (F)   Masonry construction. All development in the Freeway Overlay district shall conform to the regulations of § 155.056.
   (G)   Parking regulations. For each permissible use in this district, off street parking shall be provided in accordance with all regulations governing the approved standard zoning district and the regulations of § 155.091.
   (H)   Sign regulations. All signs in the Freeway Overlay District shall conform to the regulations in § 155.090 and shall pertain only to the principle use or service rendered or product sold on the premises on which the sign is located, and contain only information pertaining to either the name of the occupant, the kind of business or the brand name of the principle commodity being sold, but not including information on subsidiary products or services, nor information on anything or person.
   (I)   Special conditions of the "FR" District.
      (1)   No fencing shall be permitted in any required set back abutting a public street except as required herein or as part of a secondary landscaping theme. The provisions of § 155.092 shall apply in this district.
      (2)   No outside display of goods, wears or merchandise shall be permitted except where the primary land use is the show room display and sale of new automobiles, trucks, motorcycles or boats by an authorized dealer. Repair work, storage facilities, rentals or used merchandise sales on the same premises shall be allowed only as incidental to an approved primary use.
      (3)   When allowed by the standard zoning district, outside storage shall be completely enclosed by a screening device as specified in § 155.092. No outside storage shall be permitted in any required setback.
      (4)   No loading dock shall be erected fronting any state or federally numbered highway. Any loading dock fronting any public street shall be set back from such street, right-of-way line a sufficient distance so that all loading operations, truck parking and storage, and maneuvering of vehicles into or out of loading dock spaces shall take place outside of public right-of-way.
      (5)   Refuse facilities. Any refuse facility or container shall be screened from view of public streets and highways by screening device as specified in § 155.092. In no case may refuse facilities, dumpsters, or other refuse containers be located in the front or side yard of any business or structure.
      (6)   Utilities. All utilities shall be placed underground except for electrical utilities under the following conditions:
         (a)   Any transmission line crossing a highway abutting a FR District at an angle of less than 40 degrees from perpendicular with said highway may be placed overhead. For the purpose of this section, a transmission line shall be that line which is responsible for bringing electricity from a generating plant to a distribution substation.
         (b)   Any distribution feeder lines crossing a highway abutting a FR District at an angle of less than 40 degrees from perpendicular with said highways may be placed overhead. For the purpose of this section, a distribution feeder line shall be that line which is responsible for bringing electricity from a distribution substation to interconnect with a distribution line.
         (c)   Any distribution line not within 300 feet of the centerline of a highway abutting a FR District may be placed above ground. For the purpose of this section, a distribution line shall be that line responsible for bringing electricity from a distribution feeder line to the business or structure.
         (d)   No electrical transformer shall be installed on any pole carrying electrical lines. All transformer equipment shall be ground-mounted.
         (e)   Nothing herein shall be construed as requiring the City of Mansfield or the utility company to bear the increased cost of underground utility placement required by this chapter (as compared to the cost of overhead placement).
         (f)   Any electrical utility lines placed prior to the effective date of this chapter that are contrary to same are nonconforming.
         (g)   Nothing contained herein is intended to alter the intent of the electrical franchise agreement ordinance in effect on the effective date of this chapter.
         (h)   All lines existing at the time of adoption of this chapter are herein exempted from provisions of this chapter.
      (7)   Approval of a "FR" designation on any given zoning district shall be deemed approval of a less or more intensive district whichever case applies than approval of such zoning district without a FR designation.
      (8)   Specific use permits shall be permitted in this district when in compliance with § 155.054 and § 155.091 so long as such specific use permit is provided within the suffix district applicable to the property within the FR Overlay District, is consistent with the spirit and intent of the FR Overlay District, and is not a prohibited use within the FR Overlay District.
(Ord. 671, passed 4-15-86; Am. Ord. OR-2223-21, passed 10-11-21)

§ 155.068 MH, MANUFACTURED HOME DISTRICT REGULATIONS.

   (A)   Purpose. To establish and preserve a special and unique form of housing for which accommodations should be provided. To provide appropriate standards as to density, spacing and use, a separate district is hereby created and designated for the specific purpose of providing, at appropriate locations, area for the development of manufactured home rental communities or subdivisions for more or less permanent occupancy.
   (B)   Permitted use. No building or premises in a "MH", Manufactured Home Zoning District shall be used and no buildings shall be hereafter erected, reconstructed, altered, enlarged, used, nor shall a certificate of occupancy be issued, except for the following uses:
      (1)   HUD - code manufactured homes, either:
         (a)   As a part of a manufactured home rental community as herein specified; or
         (b)   As a part of a manufactured home subdivision which is designed in accordance with the subdivision ordinance and is shown on a final subdivision plat approved by the City of Mansfield and filed of record which is specifically for and restricted to manufactured home development.
      (2)   Accessory buildings and structures incidental to the above use and for the exclusive use of residents including, but not limited to, community centers, swimming pools, and offices.
      (3)   Installation owned and operated by the City of Mansfield, Tarrant County, State of Texas, or public utility companies, which installations are necessary for the public safety, governmental services, or the furnishing of utility services to or through a "MH" District.
   (C)   Manufactured home rental community license required. It shall be unlawful for any person(s) to maintain or operate within the City of Mansfield any manufactured home rental community unless such person(s) shall first comply with the following and obtain a license therefor.
      (1)   Pre-existing rental communities. Not withstanding the provisions of this chapter, a license shall be issued within 30 days to any manufactured home rental community which was in operation prior to the adoption of this chapter for operations only to the extent that they were carried on such date of adoption. All pre-existing rental communities obtaining licenses as set out herein shall be considered legal non-conforming uses. At any time that the ownership of a legally non-conforming manufactured home rental community operating under this chapter is transferred, the manufactured home rental community shall be required to conform with all sections except divisions (J) and (M) of this section before a license to the new owners will be issued. Ownership transfer is defined as a majority stock transfer or a transfer of title to the real property except for a bonafide gift, devise or descent. Any manufactured home rental community annexed after the adoption of this chapter shall likewise comply as hereinabove described in this section.
      (2)   Application. Application for a manufactured home rental community license shall be in writing, signed by the applicant, and shall contain the following:
         (a)   The name and address of the applicant and owner if not the same.
         (b)   The location survey and legal description of the manufactured home rental community by metes and bounds.
         (c)   A complete plan of the rental community with lot numbers.
         (d)   Design and engineering drawings, properly sealed, plans of all buildings, lots and other improvements constructed including water, sewer, gas, electricity and telephone. All water and sewer installations shall be in accordance with city standards.
         (e)   Such further information as may be requested by the city to enable the city to determine if the manufactured home rental community will comply with the legal requirements.
         (f)   The application and all accompanying plans shall be filed in triplicate. The City Building Official, City Engineer, City Fire Marshal and City Planning and Zoning Commission shall investigate the application and inspect the plans. If the manufactured home rental community is in compliance with all provisions of this chapter and all other applicable ordinances or statutes, the Planning and Zoning Commission may approve the application. The Building Official at the direction of the Planning and Zoning Commission shall issue the license.
      (3)   License renewal. The license application form for a manufactured home rental community shall be obtained from the Building Official at a fee of $50. Such license shall expire on December 31 of the year in which it is issued. The cost of any license secured having less than a year to run before the expiration period, as herein provided, shall be pro-rated at a rate of $2 per month. Such or any license shall not be issued for less than a minimum of $25. Application for renewal of licenses shall be within 30 days prior to expiration, and a renewal fee paid for a full 12 month period thereafter.
   (D)   Office building within a manufactured home rental community. Each manufactured home rental community shall be provided with a structure to be known and marked as the office, in which shall be kept copies of all records pertaining to the management and supervision of the rental community, as well as all rules and regulations of the rental community and such records, rules and regulations to be available for inspection.
   (E)   Register of occupants within a manufactured home rental community. It shall be the duty of the licensee to keep a register containing a record of all occupants located within the rental community. The register shall contain the following information:
      (1)   Name and address of each occupant and/or owner.
      (2)   Make, model, serial number, year and size of homes.
      (3)   The make, model and year of all recreational vehicles, camping or travel trailers, coaches, and motor homes used as dwelling, temporary or permanent.
      (4)   The date of arrival and of departure of each of the above.
      (5)   The manager of the rental community shall keep the register available in the office for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall be kept up-to-date and shall not be destroyed for a period of two years following the date of registration.
   (F)   Rules and regulations for a manufactured home rental community. It shall be the duty of the owner of each manufactured home rental community, his agent, representative or manager to prescribe rules and regulations for the management of the rental community, to make adequate provision for the enforcement of such rules, and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such rental community. Copies of such rules and regulations shall be furnished to each occupant upon registration and a copy to the city. In addition thereto, it shall be the duty of the owner, his agent, representative or manager to comply.
   (G)   It shall be the responsibility of the manufactured home rental community owner or his agent to maintain said rental community in a safe, clean and sanitary condition and:
      (1)   Provide that each structure be installed in accordance with State of Texas regulations and skirted within 30 days after being placed on lot or pad.
      (2)   Provide that the City Building Official be notified upon approval of the installations by State Inspectors.
      (3)   Provide for regular inspection of water and sanitary conveniences.
      (4)   Provide for the collection and removal of garbage, other waste materials and refuse.
      (5)   Provide for the removal of any unsightly, wrecked, abandoned or junked vehicles, machinery or equipment.
   (H)   License; revocation and reissuance.
      (1)   The City Council may revoke any license to maintain and operate a manufactured home rental community when the licensee has been found guilty by court of competent jurisdiction of violating any provisions of this chapter. After such conviction, the license may be reissued if the circumstances leading to conviction has been remedied and the rental community is being maintained and operated in full compliance with the law and this chapter, the fee for which shall be set by the City Council.
      (2)   The City Council may revoke any manufactured home rental community license upon recommendation of the Planning and Zoning Commission in case any of the provisions hereof are violated. However, before the license may be revoked, the City Council must give ten days' notice, delivered in person or by registered mail to the holder of the license, and after ten days, a hearing thereon. After the license has been revoked, the license may be reissued if the reasons for the revocation have been duly corrected.
   (I)   License posting. The license certificate issued under the provisions of this chapter shall be conspicuously posted in the office of the manufactured home rental community at all times.
   (J)   Area and height regulations. All new manufactured home rental communities or subdivisions and all new additions to existing manufactured home rental communities or subdivisions shall conform to the following:
      (1)   The maximum height of any building or structure in a MH District shall be 35 feet.
      (2)   The minimum site area which may be developed or used for manufactured home purposes shall be 40 spaces.
      (3)   The minimum lot or site area per manufactured home unit shall be 4,500 square feet.
      (4)   The minimum lot width per manufactured home unit shall be 50 feet.
      (5)   The minimum lot depth per manufactured home unit shall be 90 feet.
   (K)   Setback regulations. Minimum setbacks shall be as follows:
      (1)   The minimum setback for residential use shall be 25 feet from dedicated street right-of-way, or 15 feet from any private drive designated or used for access, circulation, or service within the manufactured home rental community. The minimum street setback for non-residential use shall be 25 feet.
      (2)   The minimum side setback shall be ten feet, provided in any event, there shall be a minimum space of 20 feet between manufactured homes.
      (3)   The minimum rear setback shall be ten feet provided in any event, there shall be a minimum space of 20 feet between manufactured homes.
      (4)   No structure of any type shall be permitted within ten feet of a boundary of a MH District.
   (L)   Accessory or additional building regulations. It shall be unlawful for any person operating a manufactured home rental community or occupying a manufactured home to construct or permit to be constructed in such rental community or in connection with such manufactured home any additional structure, building or shelter in connection with or attached to a manufactured home except, however, awnings of wood or metal may be attached to such manufactured home as well as portable, prefabricated structures for the express purposes of increasing manufactured home storage or living area, which meet the following requirements:
      (1)   To secure a building permit from the Building Official.
      (2)   Strength of materials and structure to meet minimum of the City Building Code.
      (3)   Such room shall be completely dismantled and/or removed from the site at the time the manufactured home to which it is an accessory is moved.
      (4)   Finished in appearance to be as near the same as possible to the manufactured home to which it is an accessory.
      (5)   The length must not exceed the length of the manufactured home to which it is an accessory.
      (6)   The width shall not exceed the width of the manufactured home.
      (7)   Any structure building or shelter added to or placed on a manufactured home site shall meet all of the setback requirements contained in this chapter.
      (8)   Only one such room for dwelling purposes per manufactured home shall be permitted.
   (M)   Any manufactured home rental community or subdivision constructed after the adoption of this chapter or any extension of addition to an existing manufactured home rental community or subdivision in the City of Mansfield shall be done in compliance with the following requirements:
      (1)   Will have MH zoning before consideration.
      (2)   Must comply with all applicable sections of this chapter.
      (3)   If extension or expansion of existing rental community, must have a valid license.
      (4)   A preliminary plan or plat of the rental community shall be submitted following the same guidelines as outlined for preliminary plat in the subdivision ordinance.
      (5)   Upon approval of said preliminary rental community plan or plat by the Planning and Zoning Commission, a final rental community plan or plat may be submitted following the same guidelines as outlined for final plat in the subdivision ordinance with following variances.
         (a)   The number, location and size of all manufactured home spaces.
         (b)   City water and sewer shall have collective or master meters.
         (c)   Centrally-located refuse containers having a capacity of three cubic yards or larger shall be provided, one for each 30 lots. Such containers shall be designed so as to prevent spillage, container deterioration, and to facilitate cleaning around them. Refuse and garbage shall be removed from the park at least twice each week. These containers shall be screened and set apart by at least 25 feet from any dedicated right-of-way or manufactured home.
         (d)   The topography of the entire park site and the surrounding terrain shall dictate the type of streets and storm drainage. Recommendations will be made at preliminary rental community planning or platting by the City Engineer and if approved by the Planning and Zoning Commission the type of systems will be shown on the final plan or plat of the rental community and construction plans.
         (e)   Where curbed streets or drives are not required a minimum of 36 feet of driving surface for all collector streets and a minimum of 26 feet for all minor streets shall be constructed with all weather shoulder on each side upon requirement of the Commission after recommendation of the City Engineer.
         (f)   Private streets within a manufactured home rental community shall be constructed of concrete and comply with all applicable Fire Code and city engineering standards.
         (g)   A minimum of two off-street parking spaces shall be provided for each manufactured home. Each parking space shall be a minimum of nine feet by 18 feet. These spaces may be within the required setback.
         (h)   Parking for guests will be allowed on one side of streets or drives only. One side of the street or drive shall be properly posted for "No Parking". The remaining 20 to 30 feet (depending on collector or minor designation) shall be striped and marked "Fire Lane".
         (i)   Fire hydrants must follow both of two rules:
            1.   No structure shall be further away, in a direct line, than 500 feet from a fire hydrant.
            2.   Hydrant spacing along a water main shall not exceed 500 feet.
         (j)   There shall be provided within the manufactured home rental community open space at a ratio of 500 square feet for each of the first 20 spaces, and 250 square feet per unit for all additional manufactured home spaces provided.
         (k)   There shall be constructed and maintain a permanent screening device, not less than six feet in height on all sides of a manufactured home rental community or subdivision that abuts an existing zoned single-family tract that is platted for single-family or existing single-family use and for those portions of the park which directly abut on a dedicated public street.
         (l)   Each manufactured home shall have an address number permanent in nature and shall be clearly visible from streets or drives.
         (m)   Bottled gas for cooking and/or heating purposes shall not be used at individual manufactured home lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located in a manufactured home, under or within ten feet of any manufactured home and 25 feet of any street or drive. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed.
         (n)   All manufactured homes shall be connected to sewer, water and electrical systems by persons licensed in the performance of each job. The connections shall be inspected and approved by the City Building Official.
         (o)   All structures erected in or placed on a manufactured home rental community or subdivision shall meet all of the applicable building codes.
         (p)   A minimum of six inch water and sewer lines shall be installed within a manufactured home rental community or subdivision. The City Engineer can require larger water and sewer lines if the rental community area and density computations indicate that oversizing is necessary. Manholes shall be spaced every 500 feet along sewer lines.
         (q)   All utility installations shall be in accordance with current City of Mansfield standards.
         (r)   Street lights within the manufactured home rental community or subdivision shall be provided along all internal streets at 300 feet intervals. Each fixture shall have a minimum 200 watt lamp of high pressure sodium.
   (N)   Parking or placing manufactured homes, camping, travel trailer, trailer coach or recreational vehicle shall be allowed only as follows:
      (1)   Camping or travel trailers will be allowed for temporary occupancy in manufactured home rental communities, but any lots on which travel trailers are placed must conform to manufactured home lot requirements.
      (2)   It shall be unlawful for any person to park, place or locate any camping or travel trailer in any place in the city except within an approved campground or recreational vehicle park as defined in § 155.012 or in a manufactured rental community as provided in this subdivision.
      (3)   No camping or travel trailer may be placed in a manufactured home rental community for over seven days out of any period of 30 consecutive days. The owner of the manufactured home rental community shall keep a record book showing the day and time of arrival of each camping or travel trailer, the license number, the owner or resident of the trailer, a description of the trailer, and upon departure, show the date and time of leaving. Entries shall be made in this book promptly upon arrival of such trailer, and these books shall be open to inspection by officers of the city at any time. Special camping or travel trailer parking areas with central dumps for sewage, etc., without the necessity of conforming with all manufactured home lot requirements for each trailer may be provided in manufactured home rental communities but only with approval of the City Council for the specifications of each area. Special camping or travel trailer parking areas shall be subject to the requirements for records and length of stay.
      (4)   A camping or travel trailer may be placed in an assigned spot or pad site in an approved campground for up to 12 months. At the end of that 12 month period, the camping and travel trailer must be relocated to another assigned spot or pad site before continuing its stay in the same campground. The same relocation requirement shall apply at the end of each 12 month period during an extended stay.
      (5)   The owner or operator of a campground shall not have any ownership or proprietary interest in any of the camping and travel trailers within his campground.
      (6)   It is specifically provided that camping or travel trailers may be located, for storage purposes only, on the premises of the owner of the camping or travel trailer or city approved storage area within a manufactured home rental community.
      (7)   It shall be unlawful for any person to park, place or locate a HUD-Code manufactured home in any place in the city except in a licensed manufactured home rental community or manufactured home subdivision as provided in this section, or in a non-residential district for purpose of sale provided in § 155.054, or in a PR or Single-family Residential District provided that the following conditions are met:
         (a)   A specific use permit has first been obtained for the placement or location of the HUD-Code manufactured home.
         (b)   The HUD-Code manufactured home is permitted only as a replacement of a pre-existing single-family house on the same property which has been destroyed to the extent that the cost of reconstruction or repair exceeds 50% of the replacement cost of the structure.
         (c)   The application for said specific use permit for the replacement of a destroyed single-family house by a HUD-Code manufactured home must be made within six months of the loss of the single-family house; documentation on the destruction date of the single-family house shall be furnished by the applicant in order to complete the application.
         (d)   The applicant for said specific use permit shall be limited to only the original property owner suffering from the destruction of a previously destroyed single-family home on the property to which the specific use permit would apply.
         (e)   Said specific use permit shall become null and void in case the HUD-code manufactured home, which is used as replacement, is occupied by someone other than the applicant within a year from the issuance of the specific use permit.
      (8)   It shall be unlawful for any person to park, place or locate a mobile home, as defined in § 155.012, in any place in the city.
      (9)   It shall be unlawful for any person to place, permanently fix or use a railway coach or car, street car, bus or other similar construction vehicle or device originally intended for use as a conveyance, as a dwelling in the city; provided, however that nothing herein shall be construed so as to apply to a railroad work car, caboose or converted freight car used as a temporary house or shelter when confined to rails and located on the established right-of-way of any such railroad doing business as a common carrier.
(Ord. 671, passed 4-15-86)

§ 155.069 H, HISTORIC LANDMARK OVERLAY DISTRICT REGULATIONS.

   (A)   General purpose and description. The City Council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education, and general welfare of the people. The purposes of this district are:
      (1)   To protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places.
      (2)   To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations.
      (3)   To stabilize and improve property values in such locations.
      (4)   To foster civic pride in the beauty and accomplishments of the past.
      (5)   To protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry.
      (6)   To strengthen the economy of the city.
      (7)   To promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors to the city.
   (B)   Historic landmark definitions.
      (1)   Historic Landmark Overlay District. Any area which: (1) contains buildings, structures or sites which: (a) have a special character or have a special historical or cultural interest or value; (b) represents one or more periods or styles of architecture typical of one or more eras in the history of the city; and (c) cause such area, by reason of such factors, to constitute a district of the city; and (2) has been designated as an historic district pursuant to the provision of this chapter. The area of an Historic Landmark Overlay District may include one or more properties.
      (2)   Rehabilitation. Is the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
      (3)   Restoration. Is the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
      (4)   Preservation. Is the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of the site. It may include initial stabilization work where necessary, as well as ongoing maintenance of the historic building materials.
      (5)   Reconstruction. Is the act or process of reproducing by new construction the exact form and detail of a historic building, structure, or object, or a part thereof, as it appeared at a specific period of time.
      (6)   Landmark. A building or site of immeasurable value in preserving the cultural heritage, or an outstanding example of design or a site closely related to an important personage, act or event in history. Such designation marks the site for preservation and restoration to its historical character and is intended to discourage modifications, which detract from its historical significance.
      (7)   Contributing elements. A building or site which in its historical character contributes to the district's purpose. Such designation is intended to encourage restoration and preservation, but also allow and encourage adaptive reuses and encourage continued economic and social vitality of the district. Any new construction proposed within the district shall be considered a contributing element.
      (8)   Non-essential elements. A building or site which, though within the physical boundaries of the district, does not contribute to the cultural and historic value thereof. Such designation is meant to provide greater latitude for utilization of the site or structure, but all modifications shall conform to the guidelines.
   (C)   Landmark designation power. The City Council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. This chapter is created as an overlay district to the existing zoning that exists on the property. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and land which the City Council designates as historic landmarks. Such designation shall be in addition to any other use designation, established in the comprehensive zoning ordinance. The official zoning ordinance map shall reflect the designation of historic landmarks by the letter "H" as a suffix to any other use designation established in the comprehensive zoning ordinance.
   (D)   Landmark designation criteria. In making such designations as set forth in division (C) above, the City Council shall consider, but shall not be limited to, one or more of the following criteria:
      (1)   Character, interest or value as part of the development, heritage or cultural characteristics of the City of Mansfield, State of Texas, or the United States.
      (2)   Recognition as a Recorded Texas Historic Landmark, a National Historic Landmark, or entered into the National Register of Historic Places.
      (3)   Appear to be eligible for the National Register and also may be eligible for designation as a Recorded Texas Historic Landmark as indicated in the 1983 Tarrant County Historic Resource Survey; included as an authoritative reference for this purpose.
      (4)   Embodiment of distinguishing characteristics of an architectural type or specimen.
      (5)   Identification as the work of an architect or master builder whose individual work has influenced the development of the city.
      (6)   Embodiment of elements of architectural design, detail, materials or craftsmanship, which represent a significant architectural innovation.
      (7)   Relationship to other distinctive buildings, sites or areas which are eligible for preservation as described in § 155.116(E), based on architectural, historic or cultural motif.
      (8)   Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style.
      (9)   Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.
      (10)   Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, state, or United States.
      (11)   Location as a site of a significant historic event.
      (12)   Identification with a person or persons who significantly contributed to the culture or development of the city, county, state or nation.
      (13)   A building, structure, or place that because of its location has become of historic or cultural value to a neighborhood or community.
   (E)   Designation procedure.
      (1)   Designation of any property as a Historic Landmark Overlay District may be proposed only by the owner or the authorized agents of the individual property to be designated. Any such proposal shall be filed with the Planning and Development Director upon prescribed forms and shall include all data and proposed landmark guidelines required by the Historic Landmark Commission and the Planning and Zoning Commission.
      (2)   The Historic Landmark Commission shall recommend approval, disapproval or modification of the proposal to the Planning and Zoning Commission.
      (3)   Each proposal shall be considered by the Historic Landmark Commission following a public hearing. A record of pertinent information presented at the hearing, shall be made and maintained as a permanent public record. The Historic Landmark Commission shall reach a decision within 60 days after holding the required hearing. Notice of the time, place and purpose of such hearing shall be given by the Director of Planning and mailed ten days prior to the hearing date to the owners of all adjoining property and property owners included in the proposed designation, using for this purpose the names and addresses of the last known owners as shown on the latest real property tax records received for the Tarrant County Tax Appraisal District. Failure to send notice by mail to any such property owners where the addresses of such owners are not so recorded shall not invalidate any proceedings in connection with the proposed designation.
      (4)   In making a recommendation to the Planning and Zoning Commission the Historic Landmark Commission shall consider the conformance or lack of conformance of the proposed designation with the comprehensive plan of the City of Mansfield and with the purposes and standards of this chapter.
      (5)   The recommendation of the Historic Landmark Commission shall be considered by the Planning and Zoning Commission in the same manner as provided for in an application for rezoning.
      (6)   Action by the Council shall be as provided in § 155.115 with respect to rezoning.
      (7)   Reapplication for "H" status shall be limited as outlined in § 155.115(E).
   (F)   Procedure to authorize erection, construction, reconstruction, alterations of structures in a Historic Landmark Overlay District or site.
      (1)   No person shall carry out or cause to be carried out on a landmark or in a Historic Landmark Overlay District, any alteration, demolition, construction, reconstruction, restoration, or remodeling, nor shall any person make any material change in the appearance on any existing landmark or in a Historic Landmark Overlay District without a permit issued by the city Building Official. All applications to the city Building Official for a permit involving landmarks or Historic Landmark Overlay Districts shall be forwarded immediately by the city Building Official to the Historic Landmark Commission. Notwithstanding any other provision, or law, the city Building Official shall not permit any alteration, demolition, construction, reconstruction, restoration, remodeling, or any material change in appearance to be carried out on a landmark or in a Historic Landmark Overlay District except pursuant to a Certificate of Approval issued by the Historic Landmark Commission.
      (2)   The Historic Landmark Commission shall hold a public hearing on all applications for Certificate of Approval referred to it after notice given in the same manner as prescribed in division (E)(3). A report of the action taken or determination made shall be forwarded to the city Building Official not later than 45 days after receipt of the application by the Historic Landmark Commission. If no action is taken by the Historic Landmark Commission within the 45 day period, the permit shall be issued and the applicant notified by the city Building Official.
      (3)   The Historic Landmark Commission in considering the appropriateness of any alteration, demolition, new construction, reconstruction, restoration, remodeling or other modification of any building shall consider, among other things, the purposes of this chapter; the historical and architectural value and significance of the landmark or Historic Landmark Overlay District; the design guidelines as approved in this chapter under division (K)(1). Landmark guidelines; the texture, material and color of the building or structure in question or its appurtenant fixtures, including signs; and the relationship of such features to similar features of other buildings within a Historic Landmark Overlay District; and the position of such building or structure in relation to the street or public way and to other buildings and structures.
      (4)   If after considering the foregoing, the Historic Landmark Commission determines that the proposed changes are consistent with the criteria for historic preservation established by this chapter, the Historic Landmark Commission shall issue the Certificate of Approval. In the event of a determination to deny a Certificate of Approval, the Historic Landmark Commission shall request consultation with the owner for a period not to exceed 90 days for the purpose of considering means to preservation in keeping with the criteria and design guidelines. If at the end of that time an acceptable solution has not been achieved, the Certificate of Approval shall finally be denied and the applicant so notified by letter; provided the applicant may appeal to the City Council within 20 days of the date of the letter finally denying the application, and the City Council may, after a public hearing, reverse or modify the decision of the Historic Landmark Commission but only if it finds that: (a) every reasonable effort has been made by the applicant to agree to the requirements of the Commission; and (b) owing to special conditions pertaining to the specific piece of property, denial of the Certificate of Approval will cause undue and unnecessary hardship. The Secretary of the Interior's Standards For Rehabilitation and Guidelines for Rehabilitating Historic Buildings are the minimum guidelines that the Historic Landmark Commission shall use to evaluate each landmark or Historic Landmark Overlay District.
   (G)   Approval for demolition or removal. If an application is received by the Planning Department for demolition or removal of any designated historic landmark, it shall be forwarded to the Historic Landmark Commission upon receipt of the application.
      (1)   Should the Historic Landmark Commission determine that the application involves improvements to existing buildings not historically and culturally significant and not contributing to the integrity of the district, it may approve the application for demolition or removal provided the owner comply with the established guidelines for the landmark or Historic Landmark Overlay District and the general purpose of this district in division (A) of this section.
      (2)   Should the Historic Landmark Commission determine that the demolition or removal activity will adversely affect any historical, architectural, archaeological, or cultural feature of the historic landmark, and whether such work is appropriate and consistent with the spirit and intent of this section, it shall recommend restrictions or conditions to the demolition or removal application.
      (3)   The Historic Landmark Commission may recommend the disapproval of the application by determining that in the interest of preserving historical values, the structure, building or site should not be demolished, and in that event, the application shall be suspended for a period not exceeding 90 days from the date of application. Within the suspension period, the Historic Landmark Commission may request an extension of the suspension period by the City Council. If the City Council, after notice to applicant and public hearing, determines that there is reasonable grounds for preservation, the Council may extend the suspension period for an additional period not exceeding 120 days, to a total of not more than 240 days from the date of application for demolition. During the period of suspension of the application, no permit shall be issued for such demolition or removal nor shall any person demolish or remove the building, structure or site. If no action is taken by the City Council within 240 days from the date of application, the demolition or removal permit shall be issued and the city Building Official shall so advise the applicant.
      (4)   This procedure is to allow the city, the owner and the private sector to explore alternatives to demolition or removal which may provide viable uses for the subject of the application. In addition, alternate strategies of ownership and use may be explored with the owner, including use of other remedies available to the city.
   (H)   Historic landmarks; omission of necessary repairs.
      (1)   The exterior of a designated historic landmark shall be maintained to insure the structural soundness of such landmark.
      (2)   If the city Building Official and/or the Historic Landmark Commission finds that there are reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the city Building Official will notify in writing the owner of record of the designated historic landmark of such fact.
      (3)   Upon the giving of ten days written notice to the owner of record of such designated historic landmark, the Historic Landmark Commission shall hold a public hearing to determine if the designated historical building is structurally unsound or in imminent danger of becoming structurally unsound. The Historic Landmark Commission shall request a report and consider recommendations from the city Building Official. The report may include evidence of economic hardship or willful neglect.
      (4)   At the conclusion of the hearing, if the Historic Landmark Commission finds that the designated historic building is structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall in writing notify the record owner of the finding.
      (5)   The owner of record of a designated historic landmark who has been notified by the Historic Landmark Commission that such landmark is structurally unsound or in danger of so becoming shall within 90 days of receipt of such notice satisfy the Historic Landmark Commission that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected.
      (6)   If the Historic Landmark Commission determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the City Council its recommendation as to what action, if any, should be taken on the structure.
      (7)   Any applicant or interested person aggrieved by a ruling of the Historic Landmark Commission under the provisions of this section may, within 30 days after the ruling, appeal to the City Council.
   (I)   Suspension of building and demolition permits pending landmark application. No building or demolition permit will be granted once the application has been received by the Planning Department. The Historic Landmark Commission shall notify the City Building Official within 24 hours if it deems that destruction of a possible eligible landmark building or site is imminent. This notification shall be in writing and explain the reason for the action of the Historic Landmark Commission. This notification authorizes the city Building Official not to allow any building or demolition permits even though no application for Historic Landmark Overlay District Zoning has been applied for by the owner of the particular landmark building or structure in question.
   (J)   Local Historic Preservation Officer. The Director of Planning or his designee shall serve as the Local Historic Preservation Officer to act as Executive Secretary to the Historic Landmark Commission, who shall be the custodian of its records, shall conduct official correspondence and generally supervise the clerical and technical work of the Historic Landmark Commission as required to administer this chapter. In addition, the Director shall:
      (1)   Carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, sites and areas worthy of preservation;
      (2)   Consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historical preservation;
      (3)   Inspect and investigate structures, sites and areas which are believed worthy of preservation;
      (4)   Submit to the Historic Landmark Commission for public hearing and approval, and subsequently maintain (and resubmit as required) a list of structures and other features deemed deserving of official recognition although not designated as historic landmarks or Historic Landmark Overlay Districts, and take appropriate measures of recognition, and maintain a documentary inventory;
      (5)   Disseminate information to the public concerning those structures, site and areas deemed worthy of preservation, and encourage and advise property owners in the protection, enhancement, perpetuation and use of landmarks and property of historical interest;
      (6)   Consider methods other than those provided for in this chapter for encouraging and achieving historical preservation, and make appropriate recommendations to approval bodies and other public and private agencies; and
      (7)   Establish such policies, rules and regulations as are deemed necessary to carry out the purpose of this chapter.
   (K)   Building implementation procedures.
      (1)   Landmark guidelines. The following guidelines shall be used by the Historic Landmark Commission in considering the issuance of a Certificate of Approval for construction, reconstruction, restoration, remodeling or alteration of landmarks:
         (a)   The Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as adopted by Ordinance No. 919.
         (b)   Design guidelines for historic Mansfield. Design guidelines are applicable to commercial and non-residential historic landmarks within the city.
         (c)   Design Guidelines for Historic Residential Properties as adopted by Resolution No. 2138. These design guidelines are applicable to any historic residential landmark in the City of Mansfield, regardless of the use of the building.
      (2)   Other specific guidelines promulgated by the Historic Landmark Commission as provided hereinafter.
      (3)   Promulgation of guidelines. Following the submission of a set of guidelines by the applicant with the submittal of the designation request and upon designation by the City Council, the Historic Landmark Commission shall within 60 days review for approval such guidelines prepared by the applicant specifically for that district for use by property owners and the administrative staff in implementing the intent of this chapter. A copy of these guidelines shall be on file in the Office of the Building Official. The guidelines will classify all structures and sites within the district as one of the following: (a) landmark; (b) contributing element; or (c) non essential element as defined in division (B) of this section.
      The guidelines shall establish acceptable physical characteristics of structure, signs, sites and modifications thereto including layout and location on site, size, shape, materials and textures, fenestration and interiors where applicable. The Historic Landmark Commission may suspend action on any requests affecting any Historic Landmark Site or Historic Landmark Overlay District pending the preparation of the guidelines. Landmark Sites and Historic Landmark Overlay District guidelines may be reviewed and modified by the Historic Landmark Commission.
      (4)   General maintenance and repair. Ordinary repair or maintenance which does not involve changes in architectural and historical value, style or general design is exempt from the provision of this section. It is incumbent upon the Historic Landmark Commission to make clear to the owner of a landmark site or owners of buildings or structures within a Historic Landmark Overlay District to clarify what particular activities would come under the heading of ordinary repair or maintenance.
   (L)   Re-designation of a Historic Landmark Overlay District. The re-designation of a Historic Landmark Overlay District shall follow the same procedure as a request for a Historic Landmark Overlay District.
   (M)   Coexistence with other use classification. Use classifications as to all property which may be included in a Historic Landmark Overlay District shall continue to be governed by the comprehensive zoning ordinance of the city and the procedures therein established.
   (N)   Coexistence with other codes and ordinance. This will not replace or supersede any local, state or national code or ordinance regarding health, life, safety or the general public welfare.
   (O)   Penalty. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any building, structure, or land in a Historic Landmark Overlay District in violation of the provisions of this section, and the city in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, business, or maintenance on such premises.
   (P)   Liability for adversely affecting historic structure or property.
      (1)   In this section, "historic structure or property" means a historic structure or property that:
         (a)   Is included on the National Register of Historic Places;
         (b)   Is designated as a Recorded Texas Historic Landmark;
         (c)   Is designated as a State Archaeological Landmark;
         (d)   Is determined by the Texas Historical Commission to qualify as eligible property under criteria for inclusion on the National Register of Historic Places or for designation as a Recorded Texas Historic Landmark or as a State Archaeological Landmark;
         (e)   Is certified by the Texas Historical Commission to other state agencies as worthy of preservation; or
         (f)   Is designated as a historic landmark or placed in a Historic Landmark Overlay District by the City of Mansfield.
      (2)   A person is liable to the city for damages when the person:
         (a)   Demolishes, causes to be demolished, or otherwise adversely affects the structural, physical, or visual integrity of a historic structure or property; and
         (b)   Does not obtain a Certificate of Approval and a demolition or building permit from the city Building Official as required in division (G) of this section before beginning to demolish, cause the demolition of, or otherwise adversely affect the structural, physical or visual integrity of the historic structure or property.
      (3)   (a)   If the structural, physical or visual integrity of the historic structure or property is adversely affected to the extent that it is not feasible to restore the structural, physical or visual integrity substantially to its former level, the damages are equal to the cost of constructing, using as many of the original materials as possible, a new structure or property that is a reasonable facsimile of the historic structure or property plus the cost of attorney's, architect's, and appraiser's fees and other costs related to the enforcement of this section.
         (b)   If it is feasible to restore the structural, physical, or visual integrity of the historic structure or property substantially to its former level, the damages are equal to the cost of the restoration, using as many of the original materials as possible, plus the cost of attorney's, architect's, and appraiser's fees and other costs related to the enforcement of this section.
      (4)   Instead of accepting monetary damages, the city may permit the liable person to construct, using as many of the original materials as possible, a structure or property that is a reasonable facsimile of the demolished historic structure or property or to restore, using as many of the original materials as possible, the historic structure or property and to pay the cost of attorney's, architect's, and appraiser's fees and other costs related to the enforcement of this section.
      (5)   Damages recovered under this section shall be deposited in a special fund in the city treasury and may be used only to construct, using as many of the original materials as possible, a structure or property that is a reasonable facsimile of the demolished historic structure or property; to restore, using as many of the original materials as possible, the historic structure or property; or to restore another historic structure or property, as determined by the city.
      (6)   The construction of a facsimile structure or property under divisions (P)(4) or (5) must be undertaken at the location designated by the city, which may be the same location as that of the demolished historic structure or property.
(Ord. 671, passed 4-15-86; Am. Ord. OR-2289-23, passed 1-23-23)

§ 155.070 SE, SECONDARY FREEWAY OVERLAY DISTRICT REGULATIONS.

   (A)   General purpose and description.
   (A)   General purpose and description.
      (1)   This district shall function as an overlay zoning district the regulations of which are superimposed and shall supersede the regulations of an approved standard zoning district; such standard zoning districts identified as PR, A, SF-5AC/24, SF-12/22, SF-9.6/20, SF-8.4/18, SF-8.4/16, SF-7.5/18, SF-7.5/16, SF-7.5/12, SF-6/12, 2F, MF-1, MF-2, OP, C-1, C-2, C-3, I-1, I-2, MH and PD District.
      (2)   Where provisions of the Secondary Freeway Overlay Districts shall be applicable to any property which is adjacent to and within 500 feet of an existing "FR", Freeway Overlay District in the City of Mansfield, the Secondary Freeway Overlay District is created as an overlay district whereby it is recognized that certain specific standards are appropriate and necessary that such standards shall be superimposed and shall supersede the regulations of an approved standard zoning district. Where such district regulations are in conflict with the provisions of these sections, all regulations of the approved standard zoning districts shall be in effect except as identified in this section.
   (B)   Specific standards of the Secondary Freeway Overlay District.
      (1)   No single-family homes shall be permitted unless a specific use permit is granted by the City Council under the provisions of § 155.080.
      (2)   Outside storage shall be screened with an eight foot opaque fence and shall not be stacked or raised above the height of the screening fence. The open display of outside storage without a screening fence is prohibited unless a specific use permit is granted by the City Council under the provisions of § 155.080.
(Ord. 671, passed 4-15-86; Am. Ord. OR-2223-21, passed 10-11-21)