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Mclendon Chisholm City Zoning Code

ARTICLE 4

ZONING DISTRICTS

§ 4-1 A Agricultural District.

A. 
General purpose and description.
This district provides for the continuance of farming, ranching, and gardening activities on land now utilized for these purposes. When land in the “A” category is needed for urban purposes, it is anticipated that zoning will be changed to the appropriate zoning categories to provide for orderly growth and development in accordance with the comprehensive plan.
Once land in the “A” category has been placed into another district, the intent of this ordinance is that such land shall not be changed back to an “A” category by any subsequent request for a change.
B. 
Permitted uses.
In the “A” Agricultural District, no building or land shall be used, and no building shall be constructed, reconstructed, altered or enlarged, unless otherwise permitted in accordance with section 3-1, Use of land and buildings.
C. 
Area requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the “A” Zoning District (below.)
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A - Zoning District Area Requirements
Minimum Lot Area
2 1/2 Acres
Minimum Lot Width
300 ft.
Minimum Lot Depth
200 ft.
Minimum Street Yard
75 ft. Front Street
75 ft. Side Street
Minimum Side Yard
25 ft.
Minimum Rear Yard
25 ft.
Minimum Dwelling Size
2,300 sq. ft.
Maximum Lot Coverage
15%
Maximum Building Height
45 ft.
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Accessory uses and buildings.
The following accessory uses and buildings shall be considered as being an ancillary and customary to the “AG” Agricultural Zoning District.
1. 
Accessory buildings and structures clearly incidental to the above operations including, but not limited to, barns, stables, equipment sheds, granaries, private garages, pump houses, and servants quarters not for rent, provided that the total square footage of all accessory buildings and structures shall be limited to 400 percent of the square footage of air conditioned space of the main building and, combined with such main building, shall be limited to 15 percent of the gross land area.
2. 
Metal buildings less than 600 square feet which are used for tool and supply storage,
3. 
Greenhouses, green nurseries, truck gardening and gardening activities in general, which are limited to the propagation and cultivation of plants, provided no retail business is conducted on the premises.
(Ordinance 2008-07, sec. 1, adopted 6/10/08)

§ 4-2 SF5 Single-Family Residential District.

A. 
General purpose and description.
The SF5 Single-Family Residential District is designed to accommodate single-family residential development on lots having a minimum size of five acres.
B. 
Permitted uses.
In the SF5 Single-Family Residential District, no building or land shall be used, and no building shall be constructed, reconstructed, altered or enlarged, unless otherwise permitted in accordance with section 3-1, Use of land and buildings.
C. 
Area requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the SF1 Zoning District (below).
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SF5 - Zoning District Area Requirements
Minimum Lot Area
5 Acres
Minimum Lot Width
300 ft.
Minimum Lot Depth
200 ft.
Minimum Street Yard
75 ft. Front Street
75 ft. Side Street
Minimum Side Yard
25 ft. Interior
Minimum Rear Yard
25 ft.
Minimum Dwelling Size
2,300 sq. ft.
Maximum Lot Coverage
15 %
Maximum Building Height
45 ft.
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Accessory building and structure regulations.
In addition to the following, regulations for accessory building or accessory structures shall be in compliance with section 6-3, Accessory building regulations.
1. 
Accessory buildings and structures clearly incidental to the uses permitted in the SF5 Zoning District and located on the same lot therewith, not involving the conduct of a retail business except such customary home occupations as herein defined, including a private garage and bona fide servants quarters, not for rent but for the use of servants employed on the premises, when located not less than 100 feet from the front line, nor less than 25 feet from either side line; provided, accessory building when combined with the single-family dwelling and all other accessory buildings, shall not occupy more than 15 percent of the gross land area.
2. 
When the accessory building is directly attached to the main building, it shall be considered as an integral part of the main building. When the accessory building is attached to the main building by a breezeway, the breezeway is considered part of the accessory building.
3. 
Temporary metal buildings less than 400 square feet in size which are used for tool and supply storage are also permitted.
(Ordinance 2008-07, sec. 2, 6-10-2008)

§ 4-3 SF2.5 Single-Family Residential District.

A. 
General purpose and description.
The Single-Family Residential District-SF2.5 is designed to accommodate lots that have a minimum size of two and one-half acres. Developments under this district will have a low density and development characteristics similar to those now existing in most platted subdivisions.
B. 
Permitted uses.
In the SF2.5 Single-Family Residential District, no building or land shall be used, and no building shall be constructed, reconstructed, altered or enlarged, unless otherwise permitted in accordance with section 3-1, Use of land and buildings.
C. 
Area requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the SF2.5 Zoning District (below).
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SF2.5 - Zoning District Area Requirements
Minimum Lot Area
2 1/2 Acres
Minimum Lot Width
300 ft.
Minimum Lot Depth
200 ft.
Minimum Front Yard
75 ft.
Minimum Side Yard
25 ft. Interior
75 ft. Street
Minimum Rear Yard
25 ft.
Minimum Dwelling Size
2,300 sq. ft.
Maximum Lot Coverage
15 %
Maximum Building Height
45 ft.
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Accessory building and structure regulations.
All regulations for accessory building or accessory structures shall be in compliance with section 6-3, Accessory building regulations.
(Ordinance 2008-07, sec. 3, 6-10-2008)

§ 4-4 SF1.0 Single-Family Residential District.

A. 
General purpose and description.
The Single-Family Residential District SF1.0 District is designed for residential lots having a minimum size of one acre when developed in connection with a subdivision development drawn from one tract consisting of at least fifteen dwellings.
B. 
Permitted uses.
In the "SF1.0" Single-Family Residential District, no building or land shall be used, and no building shall be constructed, reconstructed, altered or enlarged, unless otherwise permitted in accordance with section 3-1, Use of land and buildings.
C. 
Area requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the SF1.0 Zoning District (below).
014 Area Requirements.tif
SF1.0-Zoning District Area Requirements
Minimum Lot Area
1 acre
Minimum Lot Width
200 ft.
Minimum Lot Depth
200 ft.
Minimum Front Yard
75 ft.
Minimum Side Yard
25 ft. Interior
75 ft. Street
Minimum Rear Yard
15 ft.
Minimum Dwelling Size
2,300 sq. ft.
Maximum Lot Coverage
15%
Maximum Building Height
45 ft.
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Accessory building and structure regulations.
All regulations for accessory building or accessory structures shall be in compliance with section 6-3, Accessory building regulations.
(Ordinance 2024-05 adopted 7/23/2024)

§ 4-5 SF1.5 Single-Family Residential District.

A. 
General purpose and description.
The Single-Family Residential District SF1.5 District is designed for residential lots having a minimum size of one and one-half acres when developed in connection with a subdivision development drawn from one tract consisting of at least ten dwellings.
B. 
Permitted uses.
In the “SF1.5” Single-Family Residential District, no building or land shall be used, and no building shall be constructed, reconstructed, altered or enlarged, unless otherwise permitted in accordance with section 3-1, Use of land and buildings.
C. 
Area requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the SF1.5 Zoning District (below).
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SF1.5-Zoning District Area Requirements
Minimum Lot Area
1 1/2 Acres
Minimum Lot Width
300 ft.
Minimum Lot Depth
200 ft.
Minimum Front Yard
100 ft.
Minimum Side Yard
25 ft. Interior
100 ft. Street
Minimum Rear Yard
20 ft.
Minimum Dwelling Size
2,300 sq. ft.
Maximum Lot Coverage
15 %
Maximum Building Height
45 ft.
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Accessory building and structure regulations.
All regulations for accessory building or accessory structures shall be in compliance with section 6-3, Accessory building regulations.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-6 MH Manufactured Home District.

A. 
Purpose.
The purpose of the “MH” Manufactured Home District residential district is to provide adequate space and restrictions for the placement of HUD Code Manufactured Homes in the city within designated subdivisions. This does not include mobile homes as defined in this ordinance. The “MH” District is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “MH” District. It is the intent of the “MH” District to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.
B. 
Generally.
Land within the “MH” District will be developed as a manufactured home subdivision. Lots within the “MH” District will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the city council. All roadways within a manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the city. Land zoned “MH” which is not developed as a manufactured home subdivision may be developed in accordance with “SF1.5” Zoning District regulations. In the “MH” District, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in this ordinance.
C. 
Permitted uses.
Uses permitted within the “MH” Manufactured Home District shall be in accordance with section 3-1, Permitted use table.
D. 
Area requirements.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “MH” District, shall conform to the provisions provided in the area requirements table for the “MH” Zoning District (see below)
E. 
Development and installation regulations.
Any property developed within the “MH” district manufactured housing subdivision shall meet the following requirements:
1. 
HUD Code Manufactured Homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation, all in accordance with manufacturer’s specifications and applicable state and federal standards.
2. 
HUD Code manufactured homes must have a minimum of an 18-inch crawl space under all homes.
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“MH” Zoning District Area Requirements
Minimum Lot Area
2 1/2 Acre
Minimum Lot Width
100 ft.
Minimum Lot Depth
200 ft.
Minimum Front Yard
100 ft.
Minimum Side Yard
25 ft.
Minimum Side Yard adjacent to street (corner lot)
100 ft. (same as Front Yard)
Minimum Rear Yard
25 ft.
Maximum Building Height
20 ft.
Minimum Dwelling Size
1,500 sq. ft.
3. 
A concrete surface with good drainage shall cover the area where a home is to be sited.
4. 
Each HUD Code Manufactured Home site shall have a slab or patio not less than 20 feet in length and six feet in width, comprised of concrete, flagstone, or similar substance installed adjacent to each site.
5. 
HUD Code Manufactured Homes shall have steps with a permanent foundation installed at all exits.
6. 
Each HUD Code Manufactured Home shall have two car attached or detached garage or carport.
7. 
Skirting shall be securely attached between the HUD Code Manufactured Home and the ground on all sides within 30 days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal or wood, screen or wire, fiberglass, or lattice-type skirting is prohibited.
8. 
Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department.
9. 
Sanitation, fire protection, and underground utility services shall be provided to each lot in accordance with the city ordinances and regulations.
10. 
Driveways shall be all concrete construction of a minimum 16 feet width and shall extend from the right-of-way to the garage. All parking of vehicles shall be on a concrete surface. No parking will be permitted on any portion of the lot on any other surface than a concrete surface.
11. 
Drainage and garbage collection right-of-way, fire lanes, and utility easements shall be provided as required by the city. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service.
12. 
Soil conditions, ground water level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.
13. 
HUD Code Manufactured Home subdivisions shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the city.
14. 
Any structural alteration or modification of a HUD Code Manufactured Home after it is placed on the site must be approved by the mayor or his/her designee of the City of McLendon-Chisholm. All structural additions shall comply with the city’s building codes and ordinances.
F. 
Accessory building and structure regulations.
Area regulations for accessory buildings or accessory structures shall be in compliance with section 6-3, Accessory building regulations.
G. 
Parking requirements.
Parking requirements for the HUD Code Manufactured Housing District shall be in compliance with section 6-7, Off-street parking and loading regulations.
H. 
Interior drives.
1. 
The use of private interior drives must be approved by the city council.
2. 
Such interior drives shall have a minimum easement width of 50 feet and shall have a minimum paved roadway width of 31 feet back-to-back.
3. 
Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the City of McLendon-Chisholm Subdivision Regulations.
4. 
All private interior drives, entrances, and service drives shall be constructed in accordance with city design standards and shall have a six-inch rolled curb and gutter of concrete meeting the street standards of the City of McLendon-Chisholm. The developer shall bear the total cost of construction and maintenance of all such improvements, including curb and drainage structures that may be needed.
5. 
All parking areas and public streets shall be of concrete.
I. 
Underground utilities.
All utility lateral and service lines located within the “MH” District shall be installed underground.
J. 
Open space area.
Open space designated for the use and enjoyment of all residents shall be provided within a HUD Code Manufactured Home subdivision at the ratio of 500 square feet for each of the first 20 units, and 200 square feet for each additional unit in excess of 20. Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.
K. 
Screening.
A solid opaque screening wall or fence of not less than eight feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD Code Manufactured Home subdivision which do not abut a dedicated street. Said screening wall or fence shall be masonry and of a decorative construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the city. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.
L. 
Preservation of site assets.
When developing a HUD Code Manufactured Home subdivision, the following steps shall be taken to preserve on-site assets:
1. 
Suitable available topsoil and desirable existing trees;
2. 
Shrubs and ground cover shall be preserved and protected where practicable;
3. 
Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be re-graded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction.
M. 
Drainage.
Engineering plans for drainage shall be submitted for review by the city at the time of site plan approval. All applicable requirements of the city shall be met.
N. 
HUD Code Manufactured Home sales.
HUD Code Manufactured Home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.
O. 
Manufactured housing park.
All manufactured housing parks shall conform to the regulations contained in section 6-13, Manufactured housing parks.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-7 NC Neighborhood Commercial District.

A. 
Purpose.
The NC Neighborhood Commercial District is intended for personal service and retail trade establishments to serve the adjacent residential neighborhoods.
B. 
Permitted uses.
Uses in the NC district shall be in accordance with section 3-1 Permitted use table.
C. 
Density, area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the NC Zoning District (below).
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NC - Zoning District Area Requirements
Minimum Lot Area
10,0000 sq. ft.
Minimum Lot Width
60 ft.
Minimum Lot Depth
100 ft.
Minimum Street Yard
25 ft. Front Street
25 ft. Side Street
Minimum Side Yard
15 ft. abutting Non-Res
25 ft abutting Res.
Minimum Rear Yard
20 ft. abutting Non-Res
25 ft. abutting Res.
Maximum Lot Coverage
25 %
Maximum Building Height
25 ft. or 1 Story
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Landscaping.
Landscaping requirements shall comply with the provisions in [section] 6-10, Landscaping requirements.
F. 
Screening and buffer requirements.
Screening and buffer requirements shall comply with the provisions in section 6-8, Screening and buffer requirements.
G. 
Masonry requirement.
Masonry requirements shall comply with the provisions in section 6-9, Construction materials.
H. 
Site plan requirement.
1. 
Applicants of a rezoning to NC Neighborhood Commercial District shall submit a detailed conceptual site plan depicting all elements required within this zoning district and a traffic impact analysis for the proposed development as an exhibit accompanying the request for a change of zoning.
2. 
The conceptual site plan shall become an exhibit accompanying the change of zoning amendment if such amendment is passed. Such site plan shall be filed of record in the city offices specified for recording the zoning ordinance.
I. 
Miscellaneous provisions.
1. 
The planning and zoning commission and the city council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of nearby residential properties. In the event of conflict between the maintenance of such values and the proposed development, the planning and zoning commission and city council shall weigh the equities between the two using the criterion of community service and maintaining the concept of city’s land-use and zoning plan in assessing the position of the proposed development.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-8 GB General Business District.

A. 
Purpose.
The GB General Business District is to provide for a wide range of retail and service establishments for the community.
B. 
Permitted uses.
Uses in the GB district shall be in accordance with section 3-1, Permitted use table.
C. 
Density, area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the GB Zoning District (below).
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GB - Zoning District Area Requirements
Minimum Lot Area
10,000 sq. ft.
Minimum Lot Width
100 ft.
Minimum Lot Depth
100 ft.
Minimum Street Yard
20 ft. Front Street
15 ft. Side Street
Minimum Side Yard
15 ft. abutting Non-Res
25 ft abutting Res.
Minimum Rear Yard
20 ft. abutting Non-Res
25 ft. abutting Res.
Maximum Lot Coverage
35 %
Maximum Building Height
35 ft.
D. 
Highway 205 distance limitations.
Unless otherwise established by specific ordinance or change in zoning the limit of the GB General Business District, when it is located adjacent to State Highway 205, shall be 350 feet measured from the centerline of S.H. 205. The following conditions shall also apply:
1. 
The limit shall be extended to the property line if said property line is located within 100 feet of the 100 foot limit, but shall not be less than 350 feet unless otherwise zoned.
2. 
The limit of the GB General Business District shall be interpreted by the zoning official, as designated by the mayor or his/her designee. The zoning official may differ interpretation of the distance to the city council.
3. 
This provision does not limit the depth, size, or shape of any other parcel zoned as GB General Business District that is located anywhere else in the corporate limits of the City of McLendon-Chisholm.
E. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
F. 
Landscaping.
Landscaping requirements shall comply with the provisions in [section] 6-10, Landscaping requirements.
G. 
Screening and buffer requirements.
Screening and buffer requirements shall comply with the provisions in section 6-8, Screening and buffer requirements.
H. 
Masonry requirement.
Masonry requirements shall comply with the provisions in section 6-9, Construction materials.
I. 
Site plan requirement.
1. 
Applicants of a rezoning to NC Neighborhood Commercial District shall submit a detailed conceptual site plan depicting all elements required within this zoning district and a traffic impact analysis for the proposed development as an exhibit accompanying the request for a change of zoning.
2. 
The conceptual site plan shall become an exhibit accompanying the change of zoning amendment if such amendment is passed. Such site plan shall be filed of record in the city offices specified for recording the zoning ordinance.
J. 
Miscellaneous provisions.
1. 
The planning and zoning commission and the city council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of nearby residential properties. In the event of conflict between the maintenance of such values and the proposed development, the planning and zoning commission and city council shall weigh the equities between the two using the criterion of community service and maintaining the concept of city’s land-use and zoning plan in assessing the position of the proposed development.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-9 CP Commercial Planned Center District.

A. 
Purpose.
The CP Commercial Planned Center District is to provide for medium-intensity concentrations of shopping and related commercial activities. Large-scale retail buildings (“big box retailers” greater than 70,000 square feet for any single user) are not permitted within this zoning district, for these larger retail facilities refer to the PD Planned Development District requirements.
B. 
Permitted uses.
Uses in the CP District shall be in accordance with section 3-1, Permitted use table.
C. 
Density, area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the CP Zoning District (below).
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CP - Zoning District Area Requirements
Minimum Lot Area
15 Acres
Minimum Lot Width
200 ft.
Minimum Lot Depth
200 ft.
Minimum Street Yard
25 ft. Front Street
15 ft. Side Street
Minimum Side Yard
15 ft. abutting Non-Res
25 ft abutting Res
Minimum Rear Yard
20 ft. abutting Non-Res
25 ft. abutting Res.
Maximum Lot Coverage
40 %
Maximum Building Height
55 ft.
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Landscaping.
Landscaping requirements shall comply with the provisions in [section] 6-10, Landscaping requirements.
F. 
Screening and buffer requirements.
Screening and buffer requirements shall comply with the provisions in section 6-8, Screening and buffer requirements.
G. 
Masonry requirement.
Masonry requirements shall comply with the provisions in section 6-9, Construction materials.
H. 
Site plan requirement.
1. 
Applicants of a rezoning to CP Commercial Planned Center District shall submit a detailed conceptual site plan depicting all elements required within this zoning district and a traffic impact analysis for the proposed development as an exhibit accompanying the request for a change of zoning.
2. 
The conceptual site plan shall become an exhibit accompanying the change of zoning amendment if such amendment is passed. Such site plan shall be filed of record in the city offices specified for recording the zoning ordinance.
I. 
Miscellaneous provisions.
1. 
The planning and zoning commission and the city council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of nearby residential properties. In the event of conflict between the maintenance of such values and the proposed development, the planning and zoning commission and city council shall weigh the equities between the two using the criterion of community service and maintaining the concept of city’s land-use and zoning plan in assessing the position of the proposed development.
2. 
This district is intended to permit the development of unified shopping centers, whether in single or multiple ownership. It is not intended for extensive parceling-out of tracts or creation of pad sites, especially along the frontage of an arterial street, not extending the full depth of the district. Prior to any subdivision of property or approval of a site plan in a CP Commercial Planned Center District, a preliminary plan for development of the center, shall be submitted and approved.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-10 O1 Office District.

A. 
Purpose.
The O1 Office District is to provide for low intensity office uses which can be in close proximity to adjacent residential neighborhoods
B. 
Permitted uses.
Uses in the O1 District shall be in accordance with section 3-1, Permitted use table.
C. 
Density, area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the O1 Zoning District (below).
-Image-10.tif
O1 - Zoning District Area Requirements
Minimum Lot Area
7,000 sq. ft.
Minimum Lot Width
60 ft.
Minimum Lot Depth
100 ft.
Minimum Street Yard
20 ft. Front Street
15 ft. Side Street
Minimum Side Yard
15 ft. abutting Non-Res
25 ft. abutting Res.
Minimum Rear Yard
20 ft. abutting Non-Res
25 ft. abutting Res.
Maximum Lot Coverage
40 %
Maximum Building Height
25 ft. or 1 Story
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Landscaping.
Landscaping requirements shall comply with the provisions in [section] 6-10, Landscaping requirements.
F. 
Screening and buffer requirements.
Screening and buffer requirements shall comply with the provisions in section 6-8, Screening and buffer requirements.
G. 
Masonry requirement.
Masonry requirements shall comply with the provisions in section 6-9, Construction materials.
H. 
Site plan requirement.
1. 
Applicants of a rezoning to O1 Office District shall submit a detailed conceptual site plan depicting all elements required within this zoning district and a traffic impact analysis for the proposed development as an exhibit accompanying the request for a change of zoning.
2. 
The conceptual site plan shall become an exhibit accompanying the change of zoning amendment if such amendment is passed. Such site plan shall be filed of record in the city offices specified for recording the zoning ordinance.
I. 
Miscellaneous provisions.
1. 
The planning and zoning commission and the city council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of nearby residential properties. In the event of conflict between the maintenance of such values and the proposed development, the planning and zoning commission and city council shall weigh the equities between the two using the criterion of community service and maintaining the concept of city’s land-use and zoning plan in assessing the position of the proposed development.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-11 O2 Office District.

A. 
Purpose.
The O2 Office District is to provide for office buildings with attendant retail and service uses intended primarily for occupants of such office buildings.
B. 
Permitted uses.
Uses in the O2 District shall be in accordance with section 3-1 Permitted use table.
C. 
Density, area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the O2 Zoning District (below).
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O2 - Zoning District Area Requirements
Minimum Lot Area
10,000 sq. ft.
Minimum Lot Width
100 ft.
Minimum Lot Depth
100 ft.
Minimum Street Yard
35 ft. Front Street
25 ft. Side Street
Minimum Side Yard
20 ft. abutting Non-Res
20 ft. abutting Res.
Minimum Rear Yard
25 ft. abutting Non-Res
25 ft. abutting Res.
Maximum Lot Coverage
40%
Maximum Building Height
25 ft. (see I. Misc. Provisions)
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Landscaping.
Landscaping requirements shall comply with the provisions in [section] 6-10, Landscaping requirements.
F. 
Screening and buffer requirements.
Screening and buffer requirements shall comply with the provisions in section 6-8, Screening and buffer requirements.
G. 
Masonry requirement.
Masonry requirements shall comply with the provisions in section 6-9, Construction materials.
H. 
Site plan requirement.
1. 
Applicants of a rezoning to O2 Office District shall submit a detailed conceptual site plan depicting all elements required within this zoning district and a traffic impact analysis for the proposed development as an exhibit accompanying the request for a change of zoning.
2. 
The conceptual site plan shall become an exhibit accompanying the change of zoning amendment if such amendment is passed. Such site plan shall be filed of record in the city offices specified for recording the zoning ordinance.
I. 
Miscellaneous provisions.
1. 
The planning and zoning commission and the city council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of nearby residential properties. In the event of conflict between the maintenance of such values and the proposed development, the planning and zoning commission and city council shall weigh the equities between the two using the criterion of community service and maintaining the concept of city’s land-use and zoning plan in assessing the position of the proposed development.
2. 
Height may be increased by two feet for each one foot that all required yards are increased.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-12 LI Light Industrial District.

A. 
Purpose.
The LI Light Industrial District is to provide for low intensity office uses which can be in close proximity to adjacent residential neighborhoods
B. 
Permitted uses.
Uses in the LI District shall be in accordance with section 3-1, Permitted use table.
C. 
Density, area, yard, height, and lot coverage requirements.
The requirements regulating the minimum lot size, minimum yard size (front, side, and rear), maximum building height (stories and feet), and maximum lot coverage, and minimum floor area, as it pertains to this district, shall conform with the provisions provided in the area requirements table for the LI Zoning District (below).
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LI - Zoning District Area Requirements
Minimum Lot Area
50,000 sq. ft.
Minimum Lot Width
500 ft.
Minimum Lot Depth
None
Minimum Street Yard
35 ft. Front Street
35 ft. Side Street
Minimum Side Yard
20 ft. abutting Non-Res
20 ft. abutting Res.
Minimum Rear Yard
25 ft. abutting Non-Res
25 ft. abutting Res.
Maximum Lot Coverage
50 %
Maximum Building Height
35 ft. (see I. Misc. Provisions)
D. 
Off-street parking and loading requirements.
Off-street parking and loading requirements shall conform to the provisions of section 6-7, Off-street parking and loading requirements.
E. 
Landscaping.
Landscaping requirements shall comply with the provisions in [section] 6-10, Landscaping requirements.
F. 
Screening and buffer requirements.
Screening and buffer requirements shall comply with the provisions in section 6-8, Screening and buffer requirements.
G. 
Masonry requirement.
Masonry requirements shall comply with the provisions in section 6-9, Construction materials.
H. 
Site plan requirement.
1. 
Applicants of a rezoning to LI Light Industrial District shall submit a detailed conceptual site plan depicting all elements required within this zoning district and a traffic impact analysis for the proposed development as an exhibit accompanying the request for a change of zoning.
2. 
The conceptual site plan shall become an exhibit accompanying the change of zoning amendment if such amendment is passed. Such site plan shall be filed of record in the city offices specified for recording the zoning ordinance.
I. 
Miscellaneous provisions.
1. 
The planning and zoning commission and the city council shall take into consideration the ability of nearby streets to handle traffic generated by the proposed development and shall take into consideration the effects upon the value and amenities of nearby residential properties. In the event of conflict between the maintenance of such values and the proposed development, the planning and zoning commission and city council shall weigh the equities between the two using the criterion of community service and maintaining the concept of city’s land-use and zoning plan in assessing the position of the proposed development.
2. 
Any additional height requests not-to-exceed 55 feet shall be considered by city council only if one additional foot of setback is provided for every additional foot of height requested above 35 feet. Architectural accessories (clock towers, mansards, falxe [false] mansards, arapets [parapets], steeples, etc.) shall not count towards the 35-foot height maximum or the 55-foot height potential.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)

§ 4-13 Commercial development standards.

A. 
General purpose and description.
1. 
The intent of the commercial development standards is to provide a framework for consistent development in concert with the most efficient and sustainable building methods and with an aesthetically pleasing and cohesive appearance. These standards serve as the hallmark to those visiting, passing through, or residing in the City of McLendon-Chisholm.
2. 
In order to ensure that the visual impact of development does not detrimentally affect the area in which it is proposed, landscaping plans, building elevations and site plans are required. Architectural compatibility will be reviewed by the planning and zoning commission.
B. 
Permitted uses.
Retail, personal service, residential and office uses may be allowed throughout. For a specific list of permitted uses, see article 3, permitted uses.
C. 
Building design.
1. 
The height of new buildings shall not exceed two stories (36 feet maximum).
2. 
Building facades generally respecting pedestrian or human scale design should be incorporated into new development projects.
3. 
Roof types generally associated with residential buildings such as gable, hip or gambrel are appropriate. Flat roof elements that support HVAC equipment are acceptable, however flat roofs other than those required to support HVAC equipment may only be considered when a request for a minor waiver has been approved by the planning and zoning commission.
4. 
All decorative fixtures, including awnings, signs and lighting, shall be integrated with other design elements of the structures.
5. 
Building elevations shall be submitted as part of the development application for consideration of the planning and zoning commission. Perspectives, accurate sections or a model of the project may be required to depict the height, mass and scale of the proposed project with respect to its setting and adjacent development.
6. 
Facades shall generally be built parallel to the street frontage, except at street intersections, where a corner facade containing a primary building entrance may be curved or angled toward an intersection.
D. 
Additional height.
Additional height will be permitted in the commercial zoning districts for each additional foot that a structure sets back beyond the required front setback. For each one foot of additional setback the structure will be permitted one additional foot of height; but shall not exceed a total height of sixty (60) feet. Additional height exceeding 60 feet may be permitted by special exception as granted by the zoning board of adjustment. Additional height shall only be granted if the applicant can provide adequate fire protection.
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E. 
Building form.
1. 
The minimum area of a single floor shall be 2,500 sf. The maximum area allowed for a single floor shall be 6,000 sf. Any building which exceeds this size shall require a special exception. The maximum length for any building wall shall be 80 ft. Maximum building coverage as a percentage of lot area - 40%
2. 
All buildings shall be designed and constructed in tri-partite architecture so that they have a distinct base, middle and top.
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3. 
Facades shall meet the following minimum standards for articulation:
Horizontal articulation. No building wall shall extend for a distance equal to 3 times the wall’s height without having an off-set of 25% of the wall’s height, and that new plane shall extend for a distance equal to at least 25% of the maximum length of the first plane.
Vertical articulation. No horizontal wall shall extend for a distance greater than 3 times the height of the wall without changing height by a minimum of 25% of the wall’s height.
4. 
Buildings which are located on axis with a terminating street or at the intersection of streets shall be considered a feature building. Such buildings shall be designed with features which take advantage of that location, such as an accentuated entry and a unique building articulation which is off-set from the front wall planes and goes above the main building eave or parapet line.
F. 
Architectural features.
1. 
All buildings shall be designed to incorporate no less than six (6) of the architectural elements displayed on all sides of the building from the list below:
a. 
Recesses/projections;
b. 
Arcades;
c. 
Peaked roof forms including gables or irregular shaped roofs;
d. 
Arches;
e. 
Outdoor patios;
f. 
Display windows or bay windows;
g. 
Architectural details (such as tile work and moldings) integrated into the building facade;
h. 
Articulated ground floor levels or base;
i. 
Articulated cornice line;
j. 
Integrated planters or wing walls that incorporate landscape and sitting areas;
k. 
Offsets, reveals or projecting rib used to express architectural or structural bays;
l. 
Decorative beams and braces[;]
m. 
Decorative columns[;]
n. 
Varied roof heights;
o. 
Or other architectural features approved by the planning and zoning commission[.]
2. 
All retail/commercial buildings shall be architecturally finished on all four (4) sides with same materials, detailing, and features[.]
3. 
All buildings within a common retail/commercial development, as shown on a concept plan or site plan, shall have similar architectural styles, materials, and colors. Conceptual facade plans and sample boards shall be submitted with the site plan application. The purpose of the conceptual facade plan is to ensure consistency and compatibility for all buildings within a single development.
4. 
Corporate identities that conflict with the building design criteria shall be reviewed as a variance as defined in this ordinance and reviewed on a case-by-case basis by the planning and zoning commission and the city council.
5. 
Windows shall have at least a 4-inch reveal and except for retail at grade, shall be vertical in proportion.
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6. 
No glass curtain wall shall be permitted except by approval of a special exception.
7. 
Windows shall have a maximum exterior visible reflectivity of 20%. Color of glass shall be reviewed and approved by the planning and zoning commission.
8. 
Each building and separate lease space at grade along the street edge shall have a functioning primary entry from the sidewalk. Such entries may be inset from the front building plane and must have a protective covering. Secondary entries may be covered as little as 3 feet. Functioning entries must be located no greater than 30 feet apart. Corner entries may count as a primary entry for both intersecting street frontages.
9. 
Architectural elements of the primary building facade may encroach beyond the build-to line by up to five (5) feet provided that pedestrian flow will not be significantly impeded, with a minor waiver. These elements may include porches, bay windows, eaves, and planters. Balconies, canopies and awnings are not limited in their encroachment, provided that they do not substantially interfere with pedestrian movement and street tree growth.
G. 
External facade materials.
The following shall apply to all exterior walls of buildings:
1. 
Exterior walls, excluding windows, doors, and other openings, shall be constructed of ninety percent (90%) brick, natural or cast stone, or split face block.
2. 
The remainder may be constructed of noncombustible materials including exterior stucco. Stucco shall be used only for walls, architectural features, and embellishments not subject to pedestrian contact. Other allowed materials: exterior grade lumber, aluminum and cementitious siding.
3. 
Unpainted metal or metal subject to ordinary rusting shall not be used as a building material. Factory finished metal elements as well as metals that develop an attractive oxidized finish, such as copper, galvanized metal, stainless steel or weathering steel, may be used as architectural accents by minor waiver approval.
4. 
Windows and glazing shall be a maximum of 30% of each building elevation.
5. 
A variation of up to 15% of the standards above, and the material type may be approved by administrative approval of a minor waiver, provided that the change will result in an improved architectural design without degrading the quality of public areas or increasing the need for maintenance.
H. 
External facade color.
All colors shall match the major material used for the exterior facade or shall be approved by the planning and zoning commission.
I. 
Roof design standards.
1. 
Rooftop mechanical equipment and other appurtenances must be properly screened.
2. 
All structures shall be constructed with either a pitched or mansard roof system, enclosed on all sides.
3. 
Standing seam metal roofs shall be constructed of a factory-treated matte finish. Roofs with lapped seam construction, bituminous built-up roofs, and flat, membrane-type roofs shall be prohibited.
J. 
Building setback.
Awnings may encroach above the public sidewalk without limit, provided they leave a minimum clearance of 7.5 feet above the sidewalk, and are set back a minimum of 18-inches from the back of curb and will not impede street tree growth.
K. 
Off-street parking and loading requirements.
1. 
Off street parking and loading requirements shall be required as provided for parking and drive spaces in section 6-7, off-street parking and loading requirements.
2. 
No more than one row of angled or parallel parking shall be allowed between the primary building and the street right-of-way.
3. 
Cross access easements shall be required by the city council at the time of platting but shall be indicated on the site plan to ensure access to future median breaks and to reduce the number of needed curb cuts.
L. 
Landscaping requirements.
1. 
Landscaping requirements shall be required must meet the applicable regulations as provided by section 6-8 [section 6-10], landscaping requirements.
2. 
The buffer-strip shall be a minimum of twenty (20) feet wide and may include a “built-up” berm and/or shrubbery or a combination of both along the entire length of the subject property’s frontage. The minimum required height of the aforementioned berm and/or shrubbery or a combination thereof is thirty (30) inches and shall not exceed a maximum height of forty-eight (48) inches.
M. 
Sign requirements.
1. 
All permanent freestanding signs located in the commercial development standards shall be monument signs adhering to the City of McLendon-Chisholm Sign Ordinance as heretofore amended and as may be amended in future. Building materials and colors utilized for construction of the monument base shall be the same as the primary building materials and colors found on the main building, unless otherwise approved by the city council. Approval of any variance to the sign ordinance for property included in the commercial development standards shall require city council approval by a majority vote. Where the following standards conflict with the city standards, these requirements shall prevail:[.]
2. 
Monument sign standards.
a. 
General:
Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all monument signs which are allowed under this ordinance.
b. 
Minimum letter/logo height:
The minimum height allowed for letters or logos shall be six (6) inches.
c. 
Maximum height:
Five (5) feet, excluding monument base. The monument base be an additional eighteen (18) inches height measured from ground level at center of the base to top of the base. The overall height of the sign including the base shall not exceed six 6 feet.
d. 
Maximum area.
One hundred (100) square feet per sign with a maximum area per sign face of fifty (50) square feet. The maximum area for the sign structure shall not exceed seventy (70) square feet per side.
e. 
Number of signs:
Only one monument sign, excluding menu board signs, shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. Monument signs may be no closer than five hundred (500) feet on any one site.
f. 
Minimum setback:
Fifteen (15) feet from any property line.
g. 
Material requirements:
All monument sign bases shall be constructed of the same masonry material as the front building facade on the same site. The sign structure must be constructed or covered with the same masonry material as the principal building, or stone. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six (6) inches from the outer limits of the sign structure.
h. 
Illumination:
Monument signs may only be illuminated utilizing lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from public rights-of way.
3. 
Building signable area.
Signs may be placed on the building within an area on the facade of a building below the roofline which is free of windows, doors or major architectural details and not higher than the lowest of the following: 25 feet above the adjoining sidewalks, or the bottom window sills of the second story or the highest part of the building between the head of the top story window and the underside of the roof.
a. 
Wall signs:
Signs mounted directly on a building wall. May not project from wall more than 8 inches and shall cover no more than 40% of the signable area. Signs shall not obscure architectural features or detail.
b. 
Applied letter signs:
Individual letters applied directly to building facade that shall not cover more than 40% of the signable area.
c. 
Restaurant menu sign:
A small menu often placed in a glass front box and externally illuminated. Placed at restaurant’s primary entrance and shall not exceed 6 square feet.
d. 
Projecting signs:
Sign extends from facade (perpendicular) and shall not exceed above the roof eaves or parapet wall. Maximum area: 30 square feet; minimum height: 7 feet above grade. Sign shall not project more than 5 feet from facade.
e. 
Window sign:
Sign painted (not applied) on a window and shall not cover more than 25% of the window.
f. 
Awning signs:
Sign with letters/logo painted, silk screened or stitched directly on the vertical face of an awning. The sign shall not cover more than 35% of the awning.
g. 
Facade-painted signs:
Sign painted directly on the building facade that covers no more than 40% of the signable area.
4. 
Sign design and placement shall conform to the following:
a. 
Wood, glass, metal - or an appropriate synthetic material that approximates the appearance of wood, glass or metal - are the only permitted materials.
b. 
The material’s ability to maintain an acceptable appearance over time shall be a consideration in determining the appropriateness of synthetic materials.
c. 
Signs shall not obscure key architectural features.
d. 
Signs shall be limited to on-premises signs related to the use or business conducted on the same site.
e. 
Marquee type signs for announcements of activities taking place at the location are prohibited (exceptions: theatres, churches, schools, and institutional uses).
f. 
No billboards/off-premises signs shall be permitted.
g. 
Multiple uses on a single property may share signs, but collectively shall not exceed the sizes specified herein.
h. 
Signs for multiple businesses on a single property shall be of similar material and design.
i. 
Abandoned signs and sign posts shall be removed.
j. 
Temporary signs shall not exceed 9 square feet.
k. 
Advertising signs shall not be permitted in windows with the exception of those not exceeding 60 square inches, of which a maximum of five are permitted.
5. 
The illumination of signs shall comply with the following:
a. 
Signs shall be illuminated externally using spotlighting.
b. 
Spotlighting shall completely shield all light sources; light should be contained primarily within the sign frame.
c. 
Neon signs with color are permitted (no white neon lighting), but flashing signs are not.
N. 
Outdoor lighting requirements.
Outdoor lighting requirements shall be provided as required by section 6-12, outdoor lighting requirements.
O. 
Open storage.
Open storage is prohibited.
P. 
Refuse facilities.
1. 
All refuse facilities shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a masonry wall not less than six (6) feet, nor more than eight (8) feet in height or by an enclosure within a building.
2. 
Refuse containers shall have solid latching gates and shall be provided and maintained in a manner to satisfy local public health and sanitary regulations.
3. 
The width of the front gate opening of the refuse container enclosure shall provide at least two feet (2') of clearance on both sides of the refuse container.
4. 
Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
5. 
Repair to damaged walls and gates shall be effected within 30 days of notification of such damage.
Q. 
Concurrent use of commercial and residential structures.
All commercial structures may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:
1. 
Only one residential unit, regardless of square footage of the residential use, may be permitted per commercial structure, except that [sic]
2. 
More than one residential unit may be permitted for loft or studio apartments if the total number of square footage allocated to residential use does not exceed sixty percent of the total square footage of the structure.
3. 
If residential units are constructed in accordance with subsection 2 above, parking and access to the residential units shall be from the back rear side of the commercial use.
R. 
Existing residential uses.
All legal and valid residential uses existing on the effective date of this ordinance within the commercial zoning districts shall have legal conforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. All expansions or remodels shall comply with the provisions of the commercial development standards.
S. 
Design standards.
New construction within the commercial districts shall be subject to the commercial development standards as adopted by the city.
T. 
Site plan approval required.
Any new construction or modification of more than 50% of an existing structure shall require a site plan be submitted and approved by the city council upon recommendation by the planning and zoning commission.
(Ordinance 2011-06, sec. 1, adopted 10/11/11; Ordinance 2015-21 adopted 8/11/15)