The development standards set out in 2-300 shall apply to all uses in the AG, R, and D districts. Standards for uses in the A districts are set out in 2-501. Additional standards for multifamily, townhouse, mobile home park, small lot single family, and zero lot line residential development are set out in the applicable part of 2-500.

The AG district is established primarily to accommodate and protect residential estate development at a semi-rural density; and secondarily to provide for agricultural uses which are to be retained. This district also accommodates parks, schools, churches and other public and semi-public facilities to serve and complement the residential development. The district shall be used as the classification for newly annexed territory. This district will generally be applied in areas of existing estate homes and in areas to be reserved for estate home development; in areas where agricultural uses are to be retained; and in newly annexed territory.

(Ord. No. 2669. 4-16-90)

The R-districts are established to accommodate and protect single family detached residential development, providing a variety of housing densities and sizes throughout the city. These districts also accommodate parks, schools, churches, and other public and semi-public facilities to serve and complement the residential development.

A.

R-1, R-1A and R-2 Single family. To establish and maintain areas at a lower than average density under full service conditions, thereby providing greater privacy and areas for larger homes. These districts will generally be applied throughout the city in areas of existing large lot/large home development, in areas adjacent to existing large lot/large home development, and in areas to be reserved for large lot/large home development.

B.

R-2A and R-3 Single family. To establish and maintain areas at an average density for average size homes. These districts will be applied throughout the city in areas of existing conventional development and in larger areas appropriate for conventional residential development.

(Ord. No. 2669. 4-16-90)

The D-district is establish to accommodate housing at a higher than average density, thereby providing small lot single family attached/duplex housing opportunities. The district also accommodates parks, schools, churches, and other public and semi-public facilities to serve and complement the residential development. This district will generally be applied throughout the city on small, infill tracts adjacent to conventional neighborhoods where conventional development is impractical due to the size, shape, or location of the tract. This district will generally not be applied as the classification for larger residential areas.

(Ord. No. 2669, 4-16-90)

The A-districts are established to accommodate multifamily housing, thereby providing for apartment and condominium housing opportunities. The districts also accommodate parks, schools, churches, and other public and semi-public facilities to serve and complement the residential development. The Traditional Neighborhood Mixed Residential (TNMR) zoning district is established to create new regulations for infill multifamily development and is expressly intended on land designated in the Mesquite Comprehensive Plan as appropriate for Urban Multifamily Residential.

A.

A-1 Multifamily. To accommodate multifamily developments which are low in density.

B.

A-3 Multifamily. To accommodate multifamily development at average to higher densities.

C.

Traditional Neighborhood Mixed Residential (TNMR). To accommodate new multifamily and mixed residential uses at a variety of densities and dwelling types in a traditional neighborhood setting. The district is intended for urban residential development at medium to large infill locations, including an assemblage of tracts, and provides housing choices and urban design characteristics that complement adjoining residential neighborhoods and support commercial uses within a pedestrian shed. See Section 4-1500 for TNMR district regulations.

(Ord. No. 2669, 4-16-90; Ord. No. 4098, § 1(1), (2), 6-7-10; Ord. No. 4122, § 1(1), (2), 12-6-10; Ord. No. 4676, § 1(Exh. A(2)), 5-20-19)

No land shall hereafter be used and no structure shall hereafter be erected, altered or converted in a residential district which is arranged, designed or used for any use other than a use specified in Section 2-203 as permitted in the district in which it is located except as otherwise permitted herein or as specified in section 4-1500.

A.

P - Permitted Uses. Principal or accessory uses indicated as "P" (permitted use) in 2-203 are permitted in the districts specified, subject to compliance with all conditions and requirements of this ordinance and other applicable provisions of the city Code.

B.

C - Conditional Uses. Principal or accessory uses indicated as "C" (conditional use) in 2-203 may be permitted in the districts specified if expressly authorized by the city council in accordance with the procedures set out in 5-300.

C.

S - Special Exceptions. Principal or accessory uses indicated as "S" (Special Exception) in Section 2-203 may be permitted in the districts specified if expressly authorized by the Board of Adjustment in accordance with the procedures set out in Section 5-206 , or as otherwise authorized by this Zoning Ordinance.

D.

Prohibited Uses. Principal or accessory uses which are not designated in a district as "P," "C" or "S" in 2-203 shall be prohibited in that district. Refer to 3-203 for uses permitted in the nonresidential districts.

E.

Special conditions. Special requirements for specific uses are noted in 2-203 under "Special conditions." The designated use is permitted only when in compliance with the special conditions listed. When a use is authorized as a conditional use, or as a special exception, the authorizing body may approve modification of the special conditions by specifying the allowed modification in its approval, provided that proposed modifications must be identified in the required notices as part of the request approval. Such modification may be approved if it is determined that the use can be accommodated under modified conditions without creating adverse impact on adjacent properties and that it will be compatible with the neighborhood.

F.

Sic classified uses. Nonresidential uses listed in 2-203 include a SIC number which references the use's classification as contained in the Standard Industrial Classification Manual (1987). The SIC Manual shall be incorporated herein as a reference for the description and definition of those uses referenced by a SIC code number, except as otherwise modified herein.

G.

Planned development district uses. The PD district is not included on the schedule of permitted uses. Uses are permitted in a PD District if the specific PD ordinance references a standard district in which the use is permitted or if the ordinance specifically lists the use as permitted in the PD district. If a use is listed as "C" or "S" in a district referenced by a PD ordinance, it shall be permitted in the PD district only when specifically authorized in accordance with 2-201B or 2-201C, unless such use is specifically listed as permitted in the PD ordinance.

H.

Additions and revisions. The addition or removal of uses; the change of a "P," "C " or "S" designation; the revision of special conditions; or any other revisions of the schedule of permitted uses (2-203) are ordinance amendments requiring compliance with the procedures set out in 5-300.

(Ord. No. 2669, 4-16-90; Ord. No. 4098, § 1(3), 6-7-10; Ord. No. 4821, § 2(Exh. A), 10-19-20)

A.

Site plan.

1.

In general. A site plan is required for all developments in residential zoning districts pursuant to Part 5, 5-100, Section 5-107 (Site Plan).

2.

Exceptions. A site plan is not required in residential districts for the following:

a.

Single family/duplex home that does not involve the creation of a new subdivision.

b.

Accessory structures related to single family residences and duplexes.

B.

Families per unit. No more than one (1) family shall occupy a dwelling unit. (See definitions)

C.

Dwelling per lot. No more than one (1) dwelling unit shall occupy a lot in an AG or R district. No building shall be converted to create additional units unless located in a district which allows multiple units and unless the structure complies with all requirements for new structures in such district.

D.

Mobile homes. No person shall place or occupy a mobile home outside an approved mobile home park, unless such mobile home complies with all required development standards for the district in which it is located.

E.

Garage conversions.

1.

In general. Garages may be eliminated and converted into additional habitable space located within the primary dwelling unit in accordance with this subsection.

2.

Requirements.

a.

Building permit(s). Building permits are required for garage conversions.

b.

Relocation of converted parking spaces.

(1)

General rule. Garage conversions shall require relocation of the garage parking space(s) such that the total off-street parking spaces on the lot is not reduced from what existed prior to the garage conversion.

(2)

Exception to general rule for lots platted BEFORE October 1, 1984. A Special Exception may be granted by the Board of Adjustment to authorize a garage conversion, with no requirement to relocate the converted garage parking spaces, on lots platted BEFORE October 1, 1984 (i.e. lots not required to have a garage). See below Section 2-202.E.4. (Special Exception).

3.

Garage conversions completed BEFORE November 2, 2020, and on lots platted BEFORE October 1, 1984.

a.

Applicability.

(1)

This subsection 2-202.E.3. applies only to garage conversions completed BEFORE November 2, 2020.

(2)

This subsection 2-202.E.3. applies only to lots platted BEFORE October 1, 1984.

b.

In general. All garage conversions meeting the criteria in subsection 3.a. above—Even those having been completed without a building permit—Shall now be eligible for a building permit for a garage conversion.

c.

Requirements. To obtain a building permit, without having to comply with the requirement of relocating the converted garage parking spaces (as required by Section 2-202.E.2.b.(1)), the following conditions shall be met:

(1)

The property has two (2) City staff approved off-street non-tandem parking spaces (i.e. parking spaces may not be configured one in front of or behind the other); and

(2)

The property is in compliance with the Mesquite Zoning Ordinance, and meets all Building Code requirements.

d.

Exception. If it is unclear, unknown, or disputed when exactly the garage conversion was completed in the past, a determination shall be made by the Director of Planning and Development Services (Director), or his/her designee, whether the property shall be required to relocate the converted garage parking spaces. See Section 2-202.E.2.b.(1) (General rule).

4.

Special Exception: Garage Conversion—Relocation of Converted Parking Not Required.

a.

In general. The Board of Adjustment may approve a Special Exception to authorize a garage conversion with no requirement to relocate the converted garage parking spaces, on lots platted BEFORE October 1, 1984 (i.e. lots not required to have a garage), in accordance with this subsection.

b.

Process.

(1)

An application for Special Exception shall be filed with the Planning and Development Office in accordance with Part 5, 5-200, Section 5-206.

(2)

The Director is authorized to reject any application for a Special Exception when:

(a)

At least two (2) City staff approved off-street non-tandem parking spaces will not remain on the lot; or

(b)

When a lot is platted ON or AFTER October 1, 1984 (i.e. lots required to have a garage).

b.

Approval standards. The Board of Adjustment may grant a Special Exception for a garage conversion with no requirement to relocate the converted garage parking spaces when:

(1)

The Board finds that the Special Exception meets the approval standards in Part 5, 5-200, Section 5-206 (L); and

(2)

The Board finds that the Special Exception meets the following additional approval criteria:

(a)

The lot was platted BEFORE October 1, 1984 (i.e. the lot was not required to have a garage); and

(b)

At least two (2) City staff approved off-street non-tandem parking spaces remain on the lot (i.e. parking spaces may not be configured one in front of or behind the other); and

(c)

It is not feasible to replace the converted garage parking spaces elsewhere within the lot.

(Ord. No. 2669, 4-16-90; Ord. No. 2680, 7-2-90; Ord. No. 4823, § 2(Exh. A), 11-2-20; Ord. No. 4990, § 2(Exh. A), 10-3-22; Ord. No. 5083, § 2(Exh. A), 11-20-23)

(Ord. No. 2669, 4-16-90; Ord. No. 3153, § 1(A), 5-5-97; Ord. No. 3837, § 1(1), 10-16-06; Ord. No. 4210, § 1(1), 4-16-12; Ord. No. 4562, § 1(2), 5-7-18; Ord. No. 4627, § 1(1), 12-3-18; Ord. No. 4676, § 1(Exh. A(3)), 5-20-19; Ord. No. 4823, § 2(Exh. A), 11-2-20; Ord. No. 4990, § 2(Exh. A), 10-3-22; Ord. No. 5121, 2(Exh. A), 8-5-24; Ord. No. 5152, § 2(Exh. A), 1-21-25)

A.

Single family dwellings. Single family dwellings constructed in a D or A district shall comply with all requirements of the R-3 district.

B.

Duplex dwellings. Duplex dwellings constructed in an A district shall comply with all requirements of the D district.

C.

Platted building lines. Whenever a lot has previously been platted with a greater front building line than required in 2-302, structures shall comply with the platted building line.

D.

Key lot setbacks. Key lots are those corner lots where the rear of the lot abuts, or is across from an alley from, the side lot line of a lot fronting the side street which the corner lot adjoins. The exterior side yard on a key lot shall be the same depth as the required front yard on the adjoining side street.

E.

Adjacent districts. If 2-302 imposes a requirement for a use when it is adjacent to a specified type of lot or district, adjacent shall mean that the building site of the use abuts or is across an alley from the specified type of lot or district.

F.

Landscaping. All uses in the residential district, except single-family residences and agricultural uses, shall provide landscaping in accordance with the requirements set out in 3-304, unless otherwise noted below:

1.

Duplexes:

a.

Permanent turf and/or ground cover shall be established in all yards.

b.

A minimum of one large shade tree (a minimum three-inch caliper at installation) or three (3) small ornamental trees (a minimum six (6) feet in height at installation) shall be required in the front yard of each dwelling unit.

c.

One gallon shrubs, planted three (3) feet on center, shall be installed along the front on the structure.

d.

All landscape areas shall be irrigated. Irrigation shall be an automatic or manual underground irrigation system, or a hose attachment shall be available within fifty (50) feet of all landscaped areas.

(Ord. No. 2669, 4-16-90; Ord. No. 2740, § 1, 5-6-91)

(Ord. No. 2669, 4-16-90; Ord. No. 2740, § 2, 5-6-91; Ord. No. 3040, § 1, 6-19-95; Ord. No. 3634, § 1, 2-16-04)

All main buildings in the AG, R and D districts shall be of fire resistant construction having at least 90 percent of the total exterior walls, excluding doors and windows, constructed of masonry for all dwellings on lots in subdivisions for which a final plat was approved on or after July 1, 2004. For all dwellings on lots in subdivisions for which a final plat was approved before July 1, 2004, the minimum ratio of required masonry material for the total exterior walls, excluding windows and doors, shall fall within range.

The non-masonry areas of the main building shall be cementitious fiberboard, natural wood or vinyl siding.

(Ord. No. 2669, 4-16-90; Ord. No. 3141, § 1, 3-3-97; Ord. No. 3637, § 1, 3-1-04; Ord. No. 3656, § 1, 6-7-04; Ord. No. 4372(TA No. 2015-02), § 1(1), 7-20-15)

Cross reference— Fire prevention and protection, Ch. 6.

A.

Lot dimensions. The planning and zoning commission, in reviewing a subdivision plat, may authorize the following modifications from the required lot minimums:

1.

Reduction of minimum lot width or depth: The required minimum lot width or depth of ten (10) percent of the total lots in a single family subdivision may be reduced, provided that the required minimum lot size is provided on any lot with a reduced width or depth.

2.

Reduction of minimum lot size: The required minimum lot size of ten (10) percent of the total lots in a single family subdivision may be reduced, provided that the required minimum lot width and depth are provided on any lot with a reduced size. This reduction shall not be permitted in the AG district.

3.

Lot width on curved streets: The required minimum lot width may be reduced when a lot fronts on a curvilinear street and cul-de-sac, provided that the average width of the lot is equal to or greater than the required minimum lot width and that a functional lot is provided.

B.

Lots of record. In districts where allowed, a single family dwelling may be permitted on any lot of official record at the effective date of this ordinance, irrespective of area or width.

C.

Duplex—Individual lots. Duplex development may be platted so that two (2) units are placed on one (1) lot in accordance with the requirements of 2-302 or so that the units are placed on pairs of lots with the lot line through the common wall between the units. If lots are platted so that each unit is on an individual lot, the plat shall indicate which lots are paired. Paired lots shall each provide one-half the required minimum size and width, but may together meet other requirements of 2-302.

D.

Projections of architectural features. Architectural features may project into a required yard as set out below.

1.

All yards: Cornices and eaves may project a maximum of thirty (30) inches into any required yard.

2.

All yards, except interior side yards: Chimneys, bay windows, balconies, canopies and fire escapes may project three (3) feet into any yard, except an interior side yard, provided that such features does not occupy more than one-third of the length of the building wall on which it is located.

3.

Interior side yards: The architectural features listed above may project into an interior side yard, provided the projection is no more than one-fifth the width of the required yard.

E.

Maximum height.

1.

Architectural features: Spires, domes, cupolas, turrets and similar architectural features may exceed the maximum permitted height by ten (10) feet, provided they are an integral part of the design of the permitted structure and they are limited in size to no more than ten (10) percent of the area of the structure.

2.

Churches: The maximum height of a church may exceed thirty-five (35) feet, provided that the following conditions are satisfied: 1) The setback of the structure from the nearest property line in an AG, D, or R district is increased to at least three (3) feet for each foot in height above grade at that property line; 2) The height is measured to the peak of the roof or spire/steeple; and 3) The structure, excluding the spire/steeple, does not exceed three (3) stories in height.

F.

Accessory structure. Accessory structures shall be regulated in accordance with the requirements set out in 2-600.

(Ord. No. 2669, 4-16-90; Ord. No. 3264, § 1, 10-19-98)

The Board of Adjustment may grant a special exception to allow construction of a single-family residence which does not comply with the required minimum unit size. This Special Exception may be considered in neighborhoods where existing residences were predominantly constructed smaller than the currently required minimum size. The special exception may be granted by the Board where the Board determines that the approval standards identified in Section 5-206 (L) are met.

(Ord. No. 2669, 4-16-90; Ord. No. 3286, § 1, 3-15-99; Ord. No. 4821, § 2(Exh. A), 10-19-20)

A.

Number and location of spaces. Two (2) off-street parking spaces shall be provided on the lot behind the front building line for each dwelling unit and shall be served by either a double driveway or a single driveway with a flared approach which allows each vehicle to be maneuvered without moving the other. No accessory structure or other obstruction shall be located so as to eliminate a required parking space or access to such space.

B.

Paving. All parking areas and drives for single family residences shall be accessed from a paved street or a paved alley and shall be paved with concrete according to the City of Mesquite paving specifications. In the AG district, on tracts of two (2) acres or more, drives may be constructed of an all-weather base and surface adequate to support emergency equipment.

C.

Garages. Covered parking shall be provided for two (2) automobiles within an enclosed garage (minimum eighteen (18) feet by twenty (20) feet) for all dwellings on lots in subdivisions for which a final plat was approved on or after October 1, 1984.

(Ord. No. 2669, 4-16-90)

A.

Number and location of spaces. Four (4) off-street parking spaces shall be provided on the lot behind the front building line (two (2) for each dwelling unit). Each pair of spaces shall be served by either a double driveway or a single driveway with a flared approach which allows each vehicle to be maneuvered without moving the other. No accessory structure or other obstruction shall be located so as to eliminate a required parking space or access to such space.

B.

Paving. All parking areas and drives for duplex uses shall be accessed from a paved street or a paved alley and shall be paved with concrete according to the City of Mesquite paving specifications.

C.

Garages, carports. Covered parking shall be provided either for two (2) automobiles within an enclosed garage (minimum eighteen (18) feet by twenty (20) feet) or for two (2) automobiles plus an enclosed storage area within a carport (minimum eighteen (18) feet by twenty (20) feet plus an enclosed storage area of not less than one hundred twenty (120) cubic feet with a minimum base of three (3) feet by five (5) feet) for all dwellings on lots in a subdivision for which a final plat was approved on or after October 1, 1984.

(Ord. No. 2669, 4-16-90; Ord. No. 2740, § 3, 5-6-91)

Parking for multifamily uses shall be required as set out in Section 2-501. K.

(Ord. No. 2669, 4-16-90; Ord. No. 4676, § 1(Exh. A(4)), 5-20-19; Ord. No. 5106, § 2(Exh. A), 5-6-24)

A.

Number of spaces. Parking spaces shall be provided for permitted nonresidential uses in accordance with the parking group standards set out for the specific use in 3-203 and 3-405.

B.

Design, layout and construction. All parking areas for permitted nonresidential uses shall comply with the requirements for nonresidential parking lots as set out in 3-400.

C.

Parking screens. Where a parking lot for a permitted nonresidential use abuts or is across an alley or easement and is within one hundred (100) feet of any single family or duplex lot, existing or future, a three-foot high solid screen shall be provided along the perimeter of the parking area within one hundred (100) feet of such lots to screen the view of the parking and to shield the lots from headlight glare. No such parking screen is required where a six-foot masonry screening wall is provided on the property line abutting such residential lots. A solid screen shall mean a solid masonry wall, landscape hedgerow, berm, or other alternative approved by the development review committee. Wood and metal fences shall not be used to satisfy this requirement.

(Ord. No. 2669, 4-16-90)

The standards set out below shall be required for multifamily uses in all districts and shall serve as guidelines for review of multifamily developments in PD districts. Multifamily developments or redevelopments that include more than twenty-five (25) dwelling units require Planned Development district zoning.

A.

Site plan. Submittal and approval of a site plan is required. The site plan shall show the proposed development including all items on the Site Plan Review Checklist kept on file in the Planning Office and all items required by this section.

B.

Lot and setback requirements. All multifamily and permitted non-residential uses in the A districts shall comply with the following lot and setback requirements.

1.

Minimum lot size. Ten thousand (10,000) square feet.

2.

Minimum lot width. Eighty (80) feet.

3.

Minimum front and exterior side yards. Twenty-five (25) feet.

4.

Minimum interior and rear yards. Adjacent shall mean that the building site in the A district abuts or is across an alley from a lot or tract in the specified district.

a.

Adjacent to AG, R or D district: Twenty-five (25) feet (Also see height regulations below for setbacks required for structures taller than one (1) story).

b.

Adjacent to A or nonresidential district: Fifteen (15) feet.

C.

Maximum stories. The maximum number of stories in an A district shall be:

1.

Two-stories if less than two hundred (200) feet from a single-family residential zoning district.

2.

Three-stories if two hundred (200)—three hundred (300) feet from a single-family residential zoning district.

3.

Five-stories if more than three hundred (300) feet from a single-family residential zoning district.

D.

Exterior fire resistant construction requirements. All main structures shall be of fire resistant construction having at least seventy-five (75) percent of the total exterior walls, excluding doors and windows, constructed of brick or stone.

E.

Dwelling unit requirements.

1.

Minimum dwelling size. Seven hundred twenty-five (725) square feet, provided that efficiency units may be five hundred (500) square feet.

2.

Maximum number of efficiency units. Five (5) percent of total number of dwelling units in the development.

3.

Minimum number of one-bedroom units. Fifty (50) percent of total number of dwelling units in the development.

4.

Maximum number of units with three (3) or more bedrooms. Five (5) percent of the total number of dwelling units.

5.

Basic facilities.

a.

Each dwelling unit will include the following:

Washer and dryer hookups

Security devices in accordance with the requirements of the Texas Property Code § 92.153, as amended.

The entry to all dwelling units shall be from an interior hallway of the building, provided that private patios and balconies shall have access to the unit.

b.

Bathrooms shall be required as follows:

One-bedroom and efficiency units shall have a minimum of one (1) full bathroom.

Two-bedroom units shall have a minimum of one (1) full and one-half (½) bathrooms.

Three- and four-bedroom units shall have a minimum of two (2) full bathrooms.

Five (5) or more bedroom units shall have a minimum of two (2) full and one-half (½) bathrooms.

F.

Density. In the district specified, multifamily development shall not exceed the density specified below, provided that a planned development district may be granted to allow densities exceeding the maximums specified below.

*The maximum density computation indicated is based on gross site acreage. In no case shall density be permitted to exceed twenty-five (25) units per acre on the net buildable area regardless of the gross acreage density computation unless approved as part of a planned development district. Net buildable area is the acreage of the portion of a tract which is not in a 100-year flood plain or will not be in the 100-year flood plain after reclamation.

G.

Screening and security.

1.

Screening. Screening and buffering requirements for multifamily uses are set out in 1A-304.

2.

Security fencing. Multifamily developments shall be required to provide security fencing and gates adequate to regulate and control access to the complex. In order to assure emergency access, all gate installations shall be in accordance with established rules and regulations of the Mesquite Fire Department. Fencing erected pursuant to this requirement shall be six (6) to eight (8) feet in height and shall be constructed of wrought iron with a maximum picket spacing of six (6) inches, or a long-span precast concrete decorative screening wall, brick, stone or vinyl. Only fencing of a non-solid construction is permitted within the front and exterior side yard setbacks, provided that all gates must be set back from the street right-of-way a minimum of twenty-five (25) feet.

3.

Site security. All parking areas, common hallways and entrances shall be illuminated and have operational video surveillance.

H.

Open space and outdoor amenities. Open space and outdoor amenities shall be provided as follows for the use and enjoyment of the residents.

1.

Open space requirement. Any multifamily site containing more than twelve (12) dwelling units shall be required to provide a minimum of four hundred (400) square feet of open space per dwelling unit. Open spaces shall not include any area with drainage structures, floodplain or within any required front or exterior side setback. Open spaces that count toward this requirement shall have a minimum dimension of twenty-five (25) feet and a minimum area of eight hundred (800) square feet.

2.

Number of amenities. Any multifamily site with twelve (12) to forty-nine (49) dwelling units shall provide a minimum of one (1) outdoor amenity from the list of Outdoor Amenities Group A and one (1) from Outdoor Amenities Group B. Multifamily sites with fifty (50) or more dwelling units shall provide a minimum of two (2) outdoor amenities from the list of Outdoor Amenities Group A and two (2) from Outdoor Amenities Group B below. For each additional seventy-five (75) dwelling units on a property, one (1) additional outdoor amenity from Group A and Group B shall be provided. All amenities shall be of quality and construction similar to the type normally used in public parks.

Outdoor Amenities—Group A

Swimming pool

Splash pad

Sports courts—Regulation sized (such as basketball, volleyball, tennis)

Playgrounds with a minimum of five (5) pieces of equipment and one thousand (1,000) square feet of area.

Other amenities may be allowed as approved by the Director of Planning and Development Services.

Outdoor Amenities—Group B

Fire pit

Outdoor cooking facilities

Picnic areas to include dining tables and permanent shade structures

Hot tub/spa

Other amenities may be allowed as approved by the Director of Planning and Development Services.

I.

Indoor amenities. Any multifamily site with fifty (50) or more dwelling units shall provide a minimum of two (2) indoor amenities from the list of Indoor Amenities below. For each additional fifty (50) dwelling units on a property, one (1) additional indoor amenity shall be provided.

Indoor Amenities

Fitness room to include cardio and weight training equipment with a minimum area of three (3) square feet per dwelling unit

Indoor pool

Indoor hot tub/spa

Business center to include at least two (2) computer stations, a printer, scanner, and photocopying device

Media room with permanent television/movie viewing equipment and seating for a minimum of twenty (20) individuals

Club room with a minimum of ten (10) square feet for each dwelling unit, but in no case less than one thousand five hundred (1,500) square feet. Club room shall include a sink, coffee bar, seating and tables

Recreation room with equipment such as pool tables, ping pong, foosball, shuffle board or similar game equipment

Other amenities may be allowed as approved by the Director of Planning and Development Services

J.

Landscape requirements. Landscaping shall be provided for all multifamily and all permitted nonresidential uses in the A district in accordance with the requirements set out in 1A-200, Landscape Requirements; provided however, that the minimum area required to be landscaped in multifamily developments shall be all open space areas with the exception of areas where outdoor amenities are located.

K.

Off-street parking requirements.

1.

Calculation for number of spaces.

a.

Standard multifamily developments.

(1)

The number of parking spaces for standard multifamily developments shall be provided based on the number of bedrooms in each dwelling unit as follows:

(a)

Studio/Efficiency: 1 space per unit. Except when:

(i)

Studio/Efficiency unit ratio exceeds 10% of the total units: 1.25 spaces per unit.

(ii)

Studio/Efficiency unit ratio exceeds 20% of the total units: 1.5 spaces per unit.

(b)

One bedroom: 1.5 spaces per unit.

(c)

Two bedrooms or more: 2 spaces per unit.

(2)

The parking requirement shall be increased by ten (10) percent when both of the following are true:

(a)

The multifamily property is within three hundred (300) feet of a collector or local street where single-family homes, a school, or a public park front the collector or local street; and said single-family homes, school, or public park are also within three hundred (300) feet of the multifamily property; and

(b)

Where such collector or local street and single-family homes, school, or park are not across an arterial street or freeway.

b.

Age-restricted multifamily communities. The number of parking spaces for age-restricted multifamily communities shall be 1.25 spaces per unit regardless of bedroom count.

2.

Location. In no case shall parking be provided between any building and any public street, nor shall parking be permitted in any front or exterior side setback.

3.

Covered parking. A minimum of fifty (50) percent of required parking spaces shall be covered spaces provided either in an enclosed garage, a multilevel garage, or under a carport.

4.

Design, layout, and construction. All parking areas for multifamily uses shall comply with the requirements for nonresidential parking lots as set out in 3-400.

L.

Projections of architectural features. Cornices, eaves, chimneys, bay windows, balconies, canopies and fire escapes may project three (3) feet into any required yard, provided that such feature does not occupy more than one third (⅓) of the length of the building wall on which it is located.

M.

Accessory structures. Accessory structures shall be regulated in accordance with the requirements set out in 2-600.

N.

Refuse containers. Refuse containers, compactors and similar facilities shall be located a minimum of one hundred (100) feet from any property line abutting an AG, R or D district. All refuse containers shall be enclosed as required in the City of Mesquite Engineering Design Manual.

O.

Traffic impact analysis. The proposed construction of fifty (50) or more multifamily dwelling units, whether a new development or expansion of an existing development, shall require a traffic impact analysis. The traffic impact analysis shall include an analysis of pedestrian facilities serving the site.

P.

School impact analysis. All requests for rezoning for any development that includes twenty-five (25) or more multifamily dwelling units, whether a new development or expansion of an existing development, shall require an analysis of the expected impact on the public school system. The school impact analysis shall be submitted to the Director of Planning and Development Services and the applicable school district no less than seven (7) days prior to consideration of the zoning request by the Planning and Zoning Commission.

(Ord. No. 2669, 4-16-90; Ord. No. 2969, § 1, 5-2-94; Ord. No. 3343, § 1(4), 11-15-99; Ord. No. 3438, § 1, 8-20-01; Ord. No. 4398, § 1(9), 11-2-15; Ord. No. 4676, § 1(Exh. A(5)), 5-20-19; Ord. No. 5106, § 2(Exh. A), 5-6-24)

Cross reference— Fire prevention and protection, Ch. 6.

The standards set out below shall serve as guidelines for review of townhouse and patio home developments in a PD district. Modification of these guidelines may be approved with the concept plan required under the PD district in order to provide design flexibility which allows innovative and creative development concepts.

A.

Lot, setback and building standards.

B.

Recreational facilities. Recreational and community facilities, including community buildings, swimming pools and playground areas, shall be considered in the review of the development plan.

C.

Screening. A long-span precast concrete decorative screening wall, eight (8) feet in height, shall be erected and maintained at the perimeter of the district. Provided, however, that such wall shall not be required to extend into a required front or exterior side yard and shall not be erected so as to obstruct traffic visibility at alley, street or drive intersections.

D.

Parking and storage of recreational vehicles and equipment. The Planned Development district shall stipulate that no recreation vehicle, motorhome, watercraft or other equipment greater than six (6) feet in height when mounted on its transporting trailer shall be parked or stored on any lot with a dwelling unit. Regardless of height, no such equipment shall be parked or stored on any street for longer than twenty-four (24) hours.

E.

Landscaping and open space.

1.

Submission. The concept plan submitted with the planned development application shall evidence compliance with the open space requirements of this section. A landscape plan conforming with the requirements of 1A-201 and this section shall be submitted with the development site plan.

2.

Open space. Not less than forty (40) percent of the area in the district, excluding the lots with dwelling units, shall be improved and maintained as pervious open space. The district shall include a plaza or other common space with a minimum of ten thousand (10,000) square feet not within public right-of-way that is connected to the district's system of sidewalks and which is designed for walking and other passive recreation.

3.

Landscaping. All lots with dwelling units, and each five hundred (500) square feet of open space, including rights-of-way, shall be landscaped with turf grass, irrigated and planted with trees in accordance with 1A-203(A). Not less than twenty (20) percent of the required open space and pervious area of each lot with a dwelling unit shall be improved with landscape beds.

F.

Homeowners' association. Before issuance of building permits for a project containing any common areas or community facilities, it shall be necessary to assure the city that provisions have been made for adequate upkeep and maintenance of such area and facilities through the creation of a homeowners or maintenance association established to maintain and manage all such common areas and community facilities. Documents creating such association shall grant the city the right to collect maintenance fees and provide maintenance in the event that the association fails to do so.

(Ord. No. 2669, 4-16-90; Ord. No. 3837, § 1(2), 10-16-06; Ord. No. 4398, § 1(10), 11-2-15)

The standards set out below shall serve as guidelines for review of mobile home parks in a PD district. Modification of these guidelines may be approved with the development plan required under the PD district, in order to provide flexibility in design which allows the use of innovative and creative development concepts.

A.

Lot and setback requirements.

1.

Minimum tract size: Ten (10) acres.

2.

Minimum lot size: Four thousand (4000) square feet.

3.

Minimum lot width: Forty (40) feet.

4.

Minimum lot depth: One hundred (100) feet.

5.

Minimum front yard: Twenty (20) feet.

6.

Minimum rear yard: Ten (10) feet.

7.

Minimum exterior side yard: Ten (10) feet.

8.

Minimum interior side yard: Five (5) feet; if less than ten (10) feet the site plan must indicate unit placement to assure the required twenty-foot separation between units.

9.

Minimum separation between structures: Twenty (20) feet.

B.

Building requirements.

1.

Concrete slabs: Each mobile home site shall be equipped with a concrete slab which is as large or larger than the exterior dimensions of the units and its supports. The slab shall include anchors for tie down.

2.

Permanent mounting: Each mobile home shall be permanently installed, including tie downs, skirting, and removal of the tongues and wheels.

C.

Open space requirements. A recreational site or sites, having a minimum area of at least thirty (30) percent of the total land area of the mobile home park, shall be provided. All areas not used for access, parking, circulation, buildings, and service shall be permanently landscaped and maintained in good condition, including a landscaped strip twenty (20) feet in width along the exterior boundaries of the park, except where other screening may be required.

D.

Screening. In the event that a mobile home park backs or sides upon a residential district, a long-span precast concrete decorative screening wall, not less than six (6) feet in height, shall be erected and maintained along the property line abutting such district. Provided, however, that such wall shall not be required to extend into a required front or exterior side yard and shall not be erected so as to obstruct traffic visibility at alley, street or drive intersections.

E.

Parking requirements.

1.

Automobiles: Two (2) off-street parking spaces shall be provided on each lot behind the front building line. In addition, one (1) parking space for each three (3) lots shall be provided in groups throughout the development to accommodate visitor parking. See 2-400.

2.

Recreational vehicles and boats: A storage area must be provided for the parking and storage of recreational vehicles and equipment. This storage area shall have a minimum area of 100 square feet for each mobile home lot and shall be screened with a long-span precast concrete decorative screening wall at least six (6) feet in height.

F.

Subdivision standards. Water and sewer service, fire hydrant requirements, street and paving standards, and other requirements for residential subdivisions shall apply to mobile home parks, regardless of whether lots are individually platted or not.

(Ord. No. 2669, 4-16-90; Ord. No. 4398, §§ 1(11), (12), 11-2-15)

Cross reference— Subdivisions, App. B.

The standards set out below shall be required for zero lot line residential development. The zero lot line concept may be applied in any single family detached residential subdivision which is zoned PD, provided that the use of the concept is specifically noted in the PD ordinance or the development plan approval.

A.

Definitions. Zero lot line construction shall mean residential construction where the main building is located less than five (5) feet from a side property line.

B.

Platting requirements. The following platting requirements shall apply to zero lot line construction.

1.

Zero line designation: The plat shall designate which side yard will be the zero lot line. The zero lot line shall not be an exterior side yard adjacent to a public street or alley.

2.

Easement: The plat shall dedicate on the lot adjacent to the zero lot line, a three-foot wide ingress, egress, overhang and drainage easement for the purpose of maintenance, repair, and/or replacement of the wall, overhang, roof, and/or eaves, and drainage onto the adjacent property. If no such easement is dedicated, the structure must be set back at least three (3) feet from the side lot line.

C.

Building requirements. The following building requirements shall apply to zero lot line construction.

1.

Building separation: A minimum of ten-foot separation between all principal structures in the zero lot line subdivision shall be required.

2.

Exterior wall: Any exterior wall built less than five (5) feet from the property line shall be of solid masonry exterior construction for its full height.

3.

Wall openings/insets: All exterior walls which are less than five (5) feet from a property line shall be continuous and without openings or insets for the full length of the structure.

D.

Drainage. A detailed lot grading/drainage plan shall be required to be submitted prior to the issuance of any permits in any zero lot line subdivision without alleys to assure that run-off can be handled without adverse impacts across adjoining lots.

(Ord. No. 2669, 4-16-90)

Editor's note— Accessory structure regulations was deleted by Ord. No. 2592, 4-3-89.

Accessory structures, used only for permitted accessory uses, shall be permitted in the residential districts in compliance with the following requirements.

A.

Main building required. No accessory structure, except fences, shall be permitted on any tract where no principal building has been established.

B.

Attached structures. Any structure which is attached to the principal building shall be considered a part thereof and shall comply with all requirements for a principal structure, unless otherwise provided herein.

C.

Detached structures. Detached structures shall comply with the requirements set out below. Those structures which require no separation from other structures on the lot and those structures which are connected to the principal building by breezeways or patio covers shall be considered to be "detached" for the purpose of identifying applicable regulations.

D.

Exterior side yard requirements—Fenced yards. Whenever an exterior side yard is legally fenced with a solid fence at least six (6) feet in height, the setbacks required shall be the same as those required for an interior side yard.

E.

Multifamily accessory buildings. Accessory buildings permitted in conjunction with multifamily uses shall be limited to storage buildings with a maximum size of one hundred twenty (120) square feet and a maximum height of eight (8) feet. All other structures shall comply with the requirements for a principal structure.

F.

Easements. No accessory structure shall be constructed in any easement, unless approved in writing by the holder of the easement.

(Ord. No. 2592, 4-3-89; Ord. No. 3979, § 1(1), 8-4-08; Ord. No. 4676, § 1(Exh. A(6)), 5-20-19)

The requirements set out below shall apply to all accessory structures in the residential districts, unless otherwise modified herein.

A.

Maximum size and lot coverage. The maximum permitted size for an accessory structure in the R and D districts shall be five hundred (500) square feet; provided, however, that in no case, shall the total of all accessory structures occupy more than thirty-five (35) percent of the yard area in which the structures are located. The maximum permitted size for an accessory structure in the AG district shall be one thousand (1,000) square feet.

B.

Maximum height. The maximum permitted height for an accessory structure, except as otherwise permitted herein, shall be fifteen (15) feet, one (1) story, or the height of the principal structure, whichever is less.

C.

Setbacks.

1.

Front yard setback: Same as setback required for the principal structure, and shall not be located in-front of the principal structure.

2.

Exterior side yard setback: Same as setback required for the principal structure.

3.

Interior side yard setback: Five feet.

4.

Rear yard setback: Three feet.

5.

Garage door and/or gate setback where a gate is attached to and provides access to a carport:

a.

Rear carports. Eight feet from the edge of (alley) right-of-way pavement, and in no case less than five feet from the rear property line.

b.

Front carports. Garage door and gates are not permitted on front carports.

D.

Building separation. Six feet from any other structure on the lot.

(Ord. No. 2592, 4-3-89; Ord. No. 3979, § 1(2), (3), 8-4-08; Ord. No. 4384, § 1(1), 9-21-15; Ord. No. 4867, § 2(1), 6-7-21; Ord. No. 4967, § 2(Exh. A), 8-1-22)

A.

Minor buildings. Minor buildings shall be those structures which are one hundred twenty (120) square feet in area and nine (9) feet in height, or less in wall height. Minor buildings shall be permitted with a three-foot interior side yard setback and shall require no separation from other strictures. In the R and D districts, minor buildings located with a yard which is legally fenced with a solid fence at least six (6) feet in height shall be permitted with no setback required from the rear lot line, from an exterior side lot line adjacent to a street or alley right-of-way, or from the interior side lot on the rear twenty (20) percent of the lot shall be determined by locating the twenty (20) percent point on each side lot line and connecting the two (2) points with a line.

B.

Front porch covers. A front porch cover shall be any roofed structure, not permanently enclosed on the sides, including patio covers, porch covers, and walkway covers, but excluding carports, located between the principal structure and the front or side lot lines. The front porch cover shall be attached to the principal structure and have a depth of no more than eight (8) feet. The front porch cover shall meet the setback requirements applicable to the principal structure; provided that it may encroach into the front setback. No separation from other structures shall be required. The eave height of the porch cover shall not exceed the eave height of the house provided that, if the porch abuts a two-story wall of the house, the eave height of the porch cover shall not exceed half of the height of the abutting wall.

C.

Rear patio covers.

1.

A rear patio cover shall be any roofed structure, not permanently enclosed on the sides, including patio covers and porch covers, but excluding carports, located behind the rear façade of the principal structure.

2.

No separation from other structures shall be required.

3.

Maximum size.

a.

The rear patio cover shall meet the setback, maximum size and lot coverage, and height for an accessory structure.

b.

If the rear patio cover connects a principal and a detached accessory structure, the rear patio cover shall be considered a part of the accessory structure.

c.

If the rear patio cover is attached to a principal structure and meets all required setbacks for a primary structure, the rear patio cover shall have no maximum size.

D.

Rear carports. In the R districts, a rear carport with a maximum size of 528 square feet shall be permitted. No separation from other structures shall be required.

E.

Front carports.

1.

In general. Front carports are prohibited in all residential zoning districts between the principal structure and the front or side lot lines except as otherwise provided in this Subsection E.

2.

Front carports permitted by Special Exception. Pursuant to Section 2-604(B), a front carport may be permitted by Special Exception if:

a.

Granted by the Board of Adjustment in accordance with Part 5, 5-200, Section 5-206 (Special Exception), and

b.

The front carport meets the design standards in Subsection E.(4).

3.

Front carports permitted by right. A front carport is permitted by right on a lot if:

a.

The lot is located in one of the pre-approved subdivisions listed in Section 2-605, Table 2-605.01 (see also the City's GIS map on-line); and

b.

The front carport meets the design standards in Subsection E.(4).

4.

Design Standards for Front Carports.

a.

The front carport shall be attached to the roof of the principal structure provided that, if the carport abuts a wall of the home above one-story, the carport shall be attached to the abutting wall.

b.

The front carport shall be no greater than four hundred (400) square feet and cannot extend twenty (20) feet beyond the front or exterior building line proper. The width of a front carport shall not exceed forty (40) percent of the length of the front façade of the principal structure.

c.

The roof height of the front carport shall not exceed the height of the roof of the principal structure. Additionally, the eave height of the front carport shall not exceed the eave height of the house provided that, if the carport abuts a wall of the home above one-story, the eave height of the carport shall not exceed half of the height of the abutting wall. Eave height shall be measured from the adjacent grade to the underside surface of the eve.

d.

The front carport shall cover an approved driveway surface.

e.

Front carports with a flat roof shall have an internal gutter system.

f.

Generally, the Board of Adjustment is not authorized to grant a Special Exception for an oversized front carport. However, in some circumstances, an oversized front carport may be approved. See Special Exceptions for persons with disabilities (Section 5-205), and Variances (Section 5-207).

The board of adjustment is not authorized to grant relief from the provisions of this subsection except as provided in section 2-604(B).

F.

Fences, signs, swimming pools. Fences, signs, and swimming pools shall comply with the respective requirements and regulations set out in the city Code.

G.

Antennas, aerials. Antennas, aerials and associated masts shall comply with the requirements of 1-700.

H.

Satellite dishes. Satellite dishes shall comply with all requirements of 2-602, except as otherwise provided herein, provided however that no separation from other structures shall be required. When mounted on a roof, the height shall not exceed the height of the highest point of the roof.

I.

Parking pads and drives. Parking pads and drives shall comply with the requirements and regulations set out in the city Code.

J.

Game courts. Game courts with permanently installed nets, poles, other apparatus, or paving shall not be permitted in the required front yard, provided however that basketball hoops installed over an existing driveway shall be permitted. Lighted game courts shall require approval as a Special Exception in accordance with Section 5-206 .

K.

Decks. A deck shall be an improvement with no side enclosure, no upper structure, and no roof, including uncovered decks, porches, and patios. Decks shall require no separation from other structures and shall be permitted in any rear or interior side yard. In the R and D districts, decks shall be permitted in the required front and exterior side yards, provided that the maximum coverage permitted shall be ten (10) percent of the yard area.

L.

Flagpoles. Flagpoles shall comply with the requirements of 2-600, provided however, that flagpoles shall be permitted in front and exterior side yards.

1.

Single family lots: One (1) flagpole, for non-commercial message, with a maximum height of thirty-five (35) feet shall be permitted per single family or duplex lot.

2.

Multifamily and other permitted uses: The maximum height for flagpoles on tracts occupied by multifamily or other permitted uses shall be fifty (50) feet.

M.

Donation collection facilities. A donation collection facility, whether conducted as a primary or accessory use, shall not be permitted on any property, public or private, within the city.

N.

Accessory dwelling units. Accessory dwelling units may be approved by Conditional Use Permit, in accordance with Section 5-300, and shall comply with all of the following criteria, unless modified:

1.

Minimum lot size shall be twenty-one thousand seven hundred eighty (21,780) square feet (one-half (½) acre).

2.

The accessory dwelling unit must share utility meter/connections with the primary structure.

3.

The property must have a minimum of four (4) off-street parking spaces that are located behind the front and exterior side building lines. All four (4) spaces must be arranged such that four (4) parked vehicles can exit the property without having to move another parked vehicle.

4.

The property owner must live on the property.

5.

The accessory dwelling unit shall not be rented or sold separately.

6.

The accessory dwelling unit must meet the same setback requirements as the primary structure, provided that the rear setback requirement shall be a minimum of ten (10) feet.

7.

The accessory dwelling unit shall not exceed the height of the primary structure or fifteen (15) feet, whichever is less.

8.

Maximum area of the accessory dwelling unit shall be five hundred (500) square feet, provided that on lots exceeding one (1) acre and zoned Agriculture, the maximum area shall be one thousand (1,000) square feet.

9.

The accessory dwelling unit must be located in the rear yard and behind the rear façade of the primary structure.

10.

No property shall have more than one accessory dwelling unit.

O.

Small Solar Energy System.

1.

In general. Small Solar Energy System devices, as defined in section 6-102, are permissible in accordance with this subsection.

2.

Requirements.

a.

Electrical permits are required, and building permits may be required for Small Solar Energy System devices depending upon the type of mounting system utilized.

b.

Small Solar Energy System devices must be designed and located to avoid glare or reflection onto neighboring properties, inclusive of properties across an alley, easement, or street, and adjacent roadways.

c.

The Small Solar Energy System devices shall not interfere with traffic, or create a safety hazard.

d.

The Small Solar Energy System devices shall also meet the following additional requirements depending on the type of mount:

(1)

Ground-mounted.

(a)

Ground-mounted Small Solar Energy Systems are considered accessory structures, must meet applicable setbacks for the zoning district, and shall be located in the rear yard.

(b)

The solar panel collector and supporting framework of the Small Solar Energy System cannot extend more than fifteen (15) feet above the existing grade.

(2)

Roof-mounted.

(a)

Roof-mounted Small Solar Energy Systems may be installed on the roof of any primary structure, or permitted accessory structure (such as a patio cover or storage building), subject to verification by the Building Official of structural load requirements.

(b)

Roof-mounted Small Solar Energy Systems shall be mounted parallel with the existing slope of the roof system, and shall not extend more than twelve (12) inches above the point of attachment.

(Ord. No. 2592, 4-3-89; Ord. No. 3153, § 1(A), 5-5-97; Ord. No. 4054, § 1(1), 6-15-09; Ord. No. 4084, § 1(a), (b), 4-5-10; Ord. No. 4207, § 1(1), (2), 3-5-12; Ord. No. 4627, § 1(2), 12-3-18; Ord. No. 4821, § 2(Exh. A), 10-19-20; Ord. No. 4867, § 2(2), 6-7-21; Ord. No. 4967, § 2(Exh. A), 8-1-22; Ord. No. 4990, § 2(Exh. A), 10-3-22)

The Board of Adjustment may authorize the following Special Exceptions in accordance with the approval standards identified in Section 5-206 (L), and any additional criteria set forth in this section for any specific Special Exception.

A.

Oversize Accessory Structure. The Board may grant a special exception to allow an oversize accessory structure, which shall be any detached structure which exceeds the height, size, or coverage limits set out in Section 2-602. An existing accessory building shall not become an oversize structure due to the attachment of a minor building with separate entrances. Buildings exceeding 10 percent of the lot area are generally considered to be incompatible.

B.

Front carports.

1.

In general. When a lot is not located in one of the pre-approved subdivisions for front carports, a front carport may be approved as a Special Exception. (See Section 2-605, Table 2-605.01 for a listing of the pre-approved subdivisions for front carports.)

2.

Design standards. A front carport approved by Special Exception shall comply with the design standards in Section 2-603 E.4.

3.

Approval standards and additional factors to consider.

a.

Approval standards. The Board of Adjustment may grant a Special Exception for a front carport when:

(1)

The Board finds that the Special Exception meets the approval standards in Part 5, 5-200, Section 5-206(L); and

(2)

The Board finds that the Special Exception meets the following additional approval criteria:

(a)

A carport would afford the only opportunity to provide covered parking on the lot; and

(b)

The lot does not currently have paved alley access such that rear parking is not available as an alternative to a front carport; and

(c)

Parking behind the building line was not required when the home was constructed; and

(d)

The home was originally built with either no garage, or a one-car garage.

b.

Additional factors to consider. The Board of Adjustment, in making its decision, may consider among other things the following additional factors. These additional factors may be considered by the Board in making its decision, but these additional factors are not requirements for approval:

(1)

Whether or not there are similar carports in the immediate vicinity of the request.

(2)

Reserved.

C.

Lighted game courts. To allow a game court which is equipped with lighting for night use.

(Ord. No. 2593, 4-3-89; Ord. No. 3153, § 1(A), 5-5-97; Ord. No. 3979, § 1(4), 8-4-08; Ord. No. 4084, § 1(c), 4-5-10; Ord. No. 4207, § 1(3), (4), 3-5-12; Ord. No. 4821, § 2(Exh. A), 10-19-20; Ord. No. 4967, § 2(Exh. A), 8-1-22)

The following Table identifies the pre-approved subdivisions for front carports permitted by right in accordance with Section 2-603 (Permitted modifications—Specific structures), Subsection E. (Front Carports).

(Ord. No. 4967, § 2(Exh. A), 8-1-22)

A.

Definition and intent. A home occupation is a gainful activity, resulting in a product or service, which is conducted in whole or in part on a property zoned or occupied as residential.

The intent of this section is to allow low-intensity home occupations that are clearly incidental and secondary to the primary residential use of the property and that are conducted in a limited manner which creates little exterior indication of the activity and which does not create a nuisance or otherwise adversely impact adjacent properties or the residential character of the neighborhood.

B.

Exemptions. Yard/garage sales and home day care are specifically permitted by the use schedule and shall not be classified as home occupations when operating in compliance with all ordinances with such regulations in connection with such use. (See 2-203)

C.

Application/inspection. A request for registration of for approval of a conditional use permit for a home occupation shall constitute the applicant's agreement to allow, upon reasonable request, the inspection of the premises to the extent necessary to determine compliance and compatibility with these regulations. City inspectors may inspect a premises suspected of violations for the purpose of determining compliance with these regulations. the refusal to allow inspection upon reasonable request shall be an indication of a failure to comply with the terms of this section. A presumption shall therefor exist that there are violations and appropriate enforcement action to terminate the activity may be taken.

D.

Registration required. All home occupations shall be required to register upon forms prepared by the city planner for the purpose and shall include a description of the nature and extent of the activity. The applicant shall sign the form verifying that the activity will be conducted in compliance with the standards of operation set out below.

E.

Limited approval/review. Approval of a home occupation, whether by registration or by conditional use permit, shall be limited to one (1) year, provided that such approval shall automatically be extended in one-year increments, based on the anniversary date of the approval, unless a request for review is received prior to the anniversary date. A written request for review may be submitted by any person affected by the home occupation; by the city planner, health official; or building official; or by the city council or planning and zoning commission. If a request for review is received, a new application for approval as a conditional use permit shall be required.

(Ord. No. 2678, 6-18-90)

All home occupations shall comply with the following performance standards and limitations, except as specifically modified herein.

A.

Employees. No person other than an occupant of the residence shall be engaged in the home occupation at the residence or shall visit the residence on a regular basis. No more than three (3) occupants at a residence shall be engaged in home occupations.

B.

Space and location. The maximum area used for the home occupation shall not be greater than twenty-five (25) percent of the living area of the residence; than five hundred (500) square feet, including storage areas; or than two (2) rooms. No accessory building shall be used in the conduct of a home occupation.

C.

Storage. The total area used exclusively for storage shall be no larger than one hundred fifty (150) cubic feet. Outside storage in conjunction with a home occupation shall be prohibited.

D.

Alterations. No alterations of the residential appearance of the property for business purposes, such as the creation of a separate entrance, shall be permitted.

E.

Equipment. The installation, storage, or use of any equipment or machinery not normally found in a household or general office shall be prohibited.

F.

Sales and display. Direct, on site sales, retail or wholesale, and the display of goods or products on the premises shall be prohibited.

G.

Nuisances. The creation of noise, odors, vibrations, glare, fumes, or electrical interference which is detectable to normal sensory perception outside the structure shall be prohibited.

H.

Delivered. No deliveries related to the conduct of the home occupation shall be permitted by vehicles of more than two (2) axles. No more than three (3) total deliveries per week shall be permitted.

I.

Traffic. Home occupations shall not involve the regular visits of clients, other employees, or any other persons to the residence due to the conduct of the home occupation.

J.

Advertising/signs. On-site signs and displays shall be prohibited, including interior signs or displays which are visible from the exterior of the structure. No advertising shall be placed in any media which contains the address of the property or otherwise encourages clients to visit the residence.

(Ord. No. 2678, 6-18-90)

A.

Uses permitted. The following uses shall require registration, but shall not require approval as a conditional use permit, provided that full compliance with all standards of operation stated above is required, except as modified herein.

1.

Home office: An office for the clerical and administrative purposes of receiving mail and telephone calls, maintaining records, and similar functions is permitted.

a.

Off-site sales offices: Home offices may include offices for direct sales distribution (Amway, Avon, Tupperware, etc.), for manufacturer's representatives, and other similar activities provided that all sales are conducted off-site and that storage and deliveries do not exceed the limitations stated above.

b.

Off-site services offices: Home offices may include offices for services provided off-site, including but not limited to such activities as house cleaning service, yard/garden service, locksmiths, appliance repair, contractors, and similar activities, provided that all services are provided off-site, that storage does nor exceed the limitations stated above, that no other employees regularly visit the premises, and that no more than one (1) commercial vehicle is parked at the residence on a regular basis.

c.

Professional services: Homes offices may include offices/studios for engineers, draftsmen, and similar services provided that client consultation is conducted off-site.

2.

Home instruction: Individual tutoring or lessons in art, dance, music, swimming, or similar activities are permitted, provided that a maximum of six (6) students per day shall be permitted at the premises.

3.

Home arts/crafts: The preparation of small arts/crafts items for off-site display and sale, including ceramics with a maximum kiln size of six (6) cubic feet and including dressmaking/sewing with a maximum of one (1) machine, shall be permitted, provided that all ordering, fittings, and delivery are conducted off-site. The preparation or creation of larger items requiring frequent delivery of materials, movement by vehicles other than passenger vehicles, larger or noisy equipment, or storage exceeding the limits stated above shall not be allowed.

B.

Referral. Whenever there are questions or there is uncertainty regarding conformance with the intent and/or requirements of all councils regarding home occupations, the city planner may forward the home occupation to the planning and zoning commission and city council for review under the requirements regarding conditional use permits.

(Ord. No. 2678, 6-18-90)

Home occupations not in compliance with 2-703 may be approved as a conditional use permit in accordance with the procedures set out in 5-300 under the following conditions.

A.

Use guidelines. A conditional use permit for a home occupation may be approved only if it is determined that the activity will be incidental and subordinate to the residential purpose of the property, will comply with the spirit and intent of these regulations, will not create adverse impacts on adjacent properties, and will be compatible with the residential character of the area. The following types of uses will not be approved as home occupations unless unusual or special circumstances exist:

1.

Uses involving regular client visits, such as photographic studios, small appliance repair shops, barber/beauty shops, medical offices, etc.

2.

Uses involving large goods or materials, such as upholstery or furniture repair, arts/crafts other than small items, etc.

3.

Uses involving nuisances (noise, dust, etc.) or which cannot be conducted within a totally enclosed structure, such as automobile, lawn mower, or other engine repair, welding or machine shops, etc.

4.

Uses where other employees visit the site, such as operating/dispatch offices for contractors, offices for businesses having employees who are not occupants, etc.

5.

Uses involving handling and/or storage of quantities of goods or materials, such as retail/wholesale operations or manufacturing/assembly.

6.

Uses involving the grooming, breeding, or boarding of animals.

B.

Modifications of standards. The standards of operation set out in 2-702 shall apply to all home occupations; provided however, that the approval of a conditional use permit may authorize minor modifications, alternative limitations, and/or special conditions where it is determined that the home occupation can be accommodated in accordance with the spirit and intent of this section.

(Ord. No. 2678, 6-18-90)

A.

Required. Residential care facilities, which include community homes, group homes, residential care institutions, or assisted living facilities that provide care shall apply for and receive an approved Certificate of Occupancy (CO) from the Building Official prior to the commencement of operations. All State licensed facilities operating within the City without an approved certificate of occupancy as of April 16, 2012, shall apply for a certificate within thirty (30) days after said date and shall meet the requirements for an approved certificate no later than July 1, 2012.

B.

Controlling codes. To receive a Certificate of Occupancy (CO), the proposed residential care facility, including the premises, shall meet the requirements of this Section, the International Residential Code or International Building Code, whichever is applicable for the size of the facility, the International Property Maintenance Code, and such other codes and ordinances that may govern the operation of the facility. The Building Official may approve a Temporary Certificate of Occupancy (Temporary—CO) for a residential care facility pending the applicant's receipt of a State license for the facility.

C.

Reasonable accommodation. The Director of Community Development is authorized to provide a reasonable accommodation to standards, rules, policies, or practices of the City related to the use or occupancy of a dwelling when the accommodation may be necessary to afford disabled persons an equal opportunity to use and enjoy the dwelling.

(Ord. No. 4210, § 1(2), 4-16-12; Ord. No. 5061, § 8(Exh. G), 9-5-23; Ord. No. 5121, 2(Exh. A), 8-5-24)

Cross references— Certificate of occupancy; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-106.
Buildings and Construction; Mesquite City Code, Chapter 5.
Housing and Minimum Property Standards; Mesquite City Code, Chapter 7.

A.

Definitions. See Section 6-102 for definitions.

B.

Location. A community home shall be permitted-by-right in any residential district.

(Ord. No. 4210, § 1(2), 4-16-12; Ord. No. 5121, 2(Exh. A), 8-5-24)

A.

Definitions. See Section 6-102 for definitions.

B.

Location.

1.

A group home shall be permitted-by-right within the A-Multifamily or TNMR districts.

2.

The establishment of a group home in the AG, R or D residential districts shall be subject to approval of a conditional use permit by the City Council. The operator or proprietor of the proposed group home shall file a complete application for the conditional use permit prior to obtaining a State license for the proposed facility. The application shall be processed according to the procedures of Section 5-300.

(Ord. No. 4210, § 1(2), 4-16-12; Ord. No. 5121, 2(Exh. A), 8-5-24

A.

Definitions. See Section 6-102 for definitions.

B.

Location. Residential care institutions are permitted by right in the A-Multifamily residential districts.

(Ord. No. 5121, 2(Exh. A), 8-5-24)

A.

Multiple uses prohibited. No other use, including a home occupation, shall be conducted on the premises of a residential care facility, except for such activities clearly incidental to the administration of the facility, the provision of services in connection with the facility's State license, and the conducting of religious services for residents and their families.

B.

Parking.

1.

Within the AG, R or D residential districts, a community home or group home shall provide one (1) off-street parking space for each on-duty or resident supervisor. The number of motor vehicles kept by and for the use of residents of the facility shall not exceed the number of bedrooms in the facility. Except for emergency vehicles, the facility operator shall schedule caregiver visits so that no more than two (2) caregiver vehicles are parked on the public street at the same time.

2.

In all other districts, the parking requirements for residential care facilities shall meet Parking Standard 24 in Section 3-405, and the disposition and configuration of parking shall meet the applicable requirements of Sections 3-400 or 4-1500.

(Ord. No. 4210, § 1(2), 4-16-12; Ord. No. 5121, 2(Exh. A), 8-5-24

A.

License to be posted. Each residential care facility shall post its current State license in a conspicuous place near the front door on the interior of the facility for inspection by authorized personnel of the City.

B.

Notification of changed conditions. The operator or proprietor of any residential care facility shall give immediate written notice to the Office of Planning and Zoning of any of the following:

1.

The revocation or non-renewal of its State license; or

2.

An approved, proposed or pending amendment to its State license, which authorizes, or would authorize, the facility to increase the number of residents, or which would require the operator or proprietor to reduce the number of residents; or

3.

The construction or conversion of living space as an addition to or within a residential care facility, including a garage conversion, that the operator or proprietor intends to use for additional bedrooms, or the filing of a building permit application to do any of the same.

(Ord. No. 4210, § 1(2), 4-16-12; Ord. No. 5121, 2(Exh. A), 8-5-24)