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Mansfield City Zoning Code

SPECIFIC USE

PERMIT, SPECIAL EXCEPTION AND OTHER PERMITS

§ 155.080 SPECIFIC USE PERMIT.

   (A)   Purpose. To provide for uses that require special consideration in certain settings or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community, which without specific consideration may have possible adverse impact on neighboring properties.
   (B)   Permit required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a specific use permit unless the specific use permit has first been approved in accordance with the provisions of this chapter.
   (C)   Application procedure. An application for a specific use permit shall be filed with the Planning Department in accordance with procedures as set forth in § 155.115 for zoning ordinance amendment.
   (D)   Site plan requirements. The site plan shall provide the following information:
      (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 zoning change request, including the total acreage, signed and sealed by a registered surveyor.
      (4)   On a separate 24" X 36" 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 100-year floodplain per FEMA and other hydraulic and hydrologic studies as necessary. Provide two copies.
      (5)   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.
      (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)   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 the lower right-hand corner, including the following: "Site Plan for SUP, 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 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 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 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 and improvements, 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 specific use permit. 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, etc.)
            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.
   (E)   Public hearings. The notification and public hearing process for a specific use permit is set forth in § 155.115.
   (F)   Conditions for approval. A specific use permit shall be issued only if all of the following conditions have been found:
      (1)   That the specific use permit will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;
      (2)   That the establishment of the specific use permit will not impede the normal and orderly development and improvement of surrounding vacant property;
      (3)   That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;
      (4)   The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
      (5)   That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
      (6)   That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and
      (7)   That there is sufficient landscaping and screening to insure harmony and compatibility with adjacent property.
   (G)   Additional conditions.
      (1)   The City Planning and Zoning Commission may recommend to the City Council that certain safeguards and conditions concerning the operation, setbacks, ingress and egress, off-street parking and loading arrangements, landscaping and screening location, construction of buildings and uses, term limits, etc. be required.
      (2)   The City Council may, in the interest of the public welfare and to assure compliance with the intent of this chapter, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.
   (H)   Time limit. A specific use permit issued under this section shall be valid for a period of two years from the date of issuance and shall become null and void unless construction or use is substantially underway during said two-year period, or unless an extension of time is approved by the City Council.
   (I)   Revocation. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:
      (1)   The specific use permit was obtained or extended by fraud or deception; or
      (2)   That one or more of the conditions imposed by the City Council has not been met or has been violated.
   (J)   Amendments. The Director of Planning and Development may approve minor variations or revisions from the original specific use permit 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 to a specific use permit, no public hearing will be called and the revision will be deemed approved. The City Council in its sole discretion may direct any revision to a specific use permit to the Planning and Zoning Commission for its review and recommendation and, in such event, said revision shall follow the procedures set out in § 155.115 herein regarding amendments to the zoning ordinance.
   (K)   Processing fee. A processing fee shall be required for the processing of each specific use permit request in accordance to the fee schedule ordinance of the city.
(Ord. 671, passed 4-15-86; Am. Ord. OR-2189-20, passed 10-26-20)

§ 155.081 TEMPORARY USES.

   (A)   Purpose. Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.
   (B)   Permitted uses. The permissible temporary uses, the conditions of use and the zoning districts wherein the same shall be permitted are as follows:
      (1)   Uses allowed in all districts.
         (a)   Construction office. Temporary field or construction offices and temporary building material storage areas to be used solely for on premise construction purposes in connection with the property on which they are erected or within the same platted subdivision may be permitted for specific periods of time, not to exceed 12 months at a time, in accordance with a permit issued by the Building Official for cause shown. Such temporary uses shall be discontinued by the order of the Building Official and in no event shall such temporary uses continue to exist on the premises after the construction for which they were erected is completed.
         (b)   Special events. Special events such as shows, exhibitions, contests, parades, or any outdoor fundraising events or promotions shall only be permitted when a temporary use permit has been granted by the City Council; however, in no case shall such events be allowed in excess of seven consecutive days. Such uses shall be subject to any special conditions imposed by the City Council for the protection of public interest and welfare of the community.
      (2)   Uses allowed in all residential districts.
         (a)   Real estate sales office. Temporary field real estate sales offices may be permitted in residential subdivisions for specific periods of time when approved by the Building Official. Such temporary uses may be located in a "Model Home" or a portable building within the subdivision, but shall be discontinued by the order of the Building Official, and in no event shall such temporary use continue to exist after the subdivision or the increment of same in which the use is located shall have been occupied or sold in excess of 90%.
      (3)   Uses allowed in C-2, C-3, I-1 and I-2 districts.
         (a)   Carnival or amusement rides. The City Council upon receipt of an application, may issue a permit for temporary carnival or amusement rides. In authorizing such permit, the City Council may impose certain reasonable conditions to protect the public interest and welfare of the community and may stipulate that such permit shall be effective for an indefinite term. Thereafter, the holder of such permit may periodically engage in such use with the approval of the Building Official without further City Council action provided:
            1.   The Building Official shall be given not less than ten days notice of any proposed operations under the permit.
            2.   Such operations shall not be conducted for more than eight consecutive days at a time.
            3.   Such use shall not be engaged more than twice in a 12 month period.
            4.   Such use shall conform to all City Council imposed conditions of the permit, including location, hours of operation, and the number and type of rides and concessions.
            5.   The City Council may terminate the permit at any time.
         (b)   Temporary tent sales or assembly. Temporary tent sales by retail establishments or tent assemblies by city recognized public or semi-public organizations may be permitted by the Building Official for a period not to exceed 30 days. Such temporary uses shall be discontinued by the order of the Building Official and in no event shall such temporary uses be allowed in excess of 30 days or more than once a year. All tent sales or assemblies shall meet the special conditions, if any, imposed by the Building Official and Fire Marshal for the protection of public interest and welfare of the community. No tent or similar structure shall be erected in any required yard setbacks or designated easements.
(Ord. 671, passed 4-15-86)

§ 155.083 INDUSTRIAL USE PERMIT.

   (A)   Purpose. To provide for industrial uses that require special consideration in certain settings, which without specific consideration may have possible adverse impact on neighboring properties.
   (B)   Permit required. A building permit or certificate of occupancy shall not be issued for any use which is permitted only by an industrial use permit unless the industrial use permit has first been approved in accordance with the provisions of this chapter and the use has met all the conditions of approval.
   (C)   Application procedure. An application for an industrial use permit shall be filed with the Planning Department. Upon receiving a complete application, the Director of Planning will submit it to the City Council for public hearing and consideration.
   (D)   Site plan requirements. The site plan shall provide the following information:
      (1)   A complete signed application as provided by the Planning Department or on the city's website at: www.mansfieldtexas.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 zoning change request, including the total acreage, signed and sealed by a registered surveyor.
      (4)   On a separate 24" X 36" 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 100-year floodplain per FEMA and other hydraulic and hydrologic studies as necessary. Provide two copies.
      (5)   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.
      (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)   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 the lower right-hand corner, including the following: "Site Plan for SUP, 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 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 floor areas for all buildings, the floor area ratio and the following building details:
            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 1, percent masonry = 80%)
            4.   Distance between buildings and distance from building to property lines.
         (m)   The number, location, and dimensions of the lots.
         (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 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 location, type, and size of all fences, berms, or screening features.
         (s)   A plan, including elevations, showing location, size, height, orientation and design of all signs regulated by the city's sign ordinance.
         (t)   The location, size and type of all pedestrian areas and sidewalks.
         (u)   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.
         (v)   Phases of development should be shown and labeled. Provide a development schedule indicating the start and finish date of each phase and improvements, broken down by use and acreage.
         (w)   When deemed necessary, the City Council may ask for more information during the review of an industrial use permit. 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.
   (E)   Public hearings. The notification and public hearing process for an industrial use permit shall follow those for a specific use permit as set forth in § 155.115(C).
   (F)   Conditions for approval. An industrial use permit shall be issued only if all of the following conditions have been found:
      (1)   That the industrial use permit will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;
      (2)   That the establishment of the industrial use permit will not impede the normal and orderly development and improvement of surrounding vacant property;
      (3)   That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;
      (4)   The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
      (5)   That adequate nuisance or hazard prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
      (6)   That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and
      (7)   That there is sufficient landscaping and screening to insure harmony and compatibility with adjacent property.
   (G)   Additional conditions. The City Council may, in the interest of the public welfare and to assure compliance with the intent of this chapter, require additional development standards, operational conditions and safeguards concerning items such as setbacks, ingress and egress, off-street parking and loading arrangements, landscaping and screening, construction of buildings and uses, term limits, air-quality and sewer pretreatment, security measures, and federal and state permits that may be important to the welfare and protection of adjacent property and the community as a whole.
   (H)   Time limit. An industrial use permit issued under this section shall be valid for a period of two years from the date of issuance and shall become null and void unless construction or use is substantially underway during said two-year period, or unless an extension of time is approved by the City Council.
   (I)   Revocation. An industrial use permit may be revoked or modified, after notice and hearing, for either of the following reasons:
      (1)   The industrial use permit was obtained or extended by fraud or deception; or
      (2)   That one or more of the conditions imposed by the City Council has not been met or has been violated.
   (J)   Amendments. The Director of Planning may approve minor variations or revisions from the original industrial use permit 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 request for 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 to the original industrial use permit, no public hearing will be called and the revision will be deemed approved. The City Council in its sole discretion may deny any request for revision to an industrial use permit.
   (K)   Processing fee. A processing fee shall be required for the processing of each industrial use permit request in accordance to the fee schedule ordinance of the city.
   (L)   Limitation of re-applications. No new application for an industrial use permit shall be heard for a particular parcel of property if within 12 months prior to the date of said application either an application was denied by the City Council or an application was withdrawn after the giving of public notice, and such new application currently under consideration includes property which was all or a part of the previously denied or withdrawn case, and the application currently under consideration is for the same or a more intense use as determined by the city; however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of a new application.
   (M)   Postponement of public hearings at applicant's request. A request for postponement of a scheduled public hearing on an application for industrial use permit shall follow those for a specific use permit as set forth in § 155.115(F).
(Ord. 671, passed 4-15-86; Am. Ord. OR-2189-20, passed 10-26-20)

Semi-attached building without architectural Semi-attached building with architectural features integral to the main residential building features integral to the main residential building design - attachment to house is by a simple design - attachment to house features arches, breezeway. multi-level roofline, and dormer window.

(Ord. 671, passed 4-15-86; Am. Ord. OR-2323-23, passed 10-9-23; Am. Ord. OR-2324-23, passed 10-9-23)