Midland City Zoning Code
ARTICLE IV
LAND USE REGULATIONS
§ 11-1-4.01 Uses Permitted by District.
Land and buildings in each of the zoning districts may be used for any of the specified uses in Section 11-1-4.03 Use Chart. No land shall be used, and no building or structure shall be erected, altered, or converted for any use other than those specified as a permitted use in the district in which the property is located.
Legend for Use Chart | |
|---|---|
P | Use is permitted in district indicated |
Use is prohibited in district indicated | |
S | Use is permitted in district upon approval of a Specific Use Designation (11-1-9.07) and 11-1-4.04 Additional Development Standards may apply |
# | Use is permitted if the use complies with 11-1-4.04 Additional Development Standards as indicated by the corresponding numeric end note |
§ | Reference to 11-1-6.02 Off-Street Parking and Loading Requirements |
§ 11-1-4.02 Classification of New and Unlisted Uses.
A.
Existence of New and Unlisted Uses.
Any use not listed in the Use Chart is prohibited.
B.
Planning Division Manager Interpretation of a New and Unlisted Use.
If the Planning Division Manager is unable to classify the use under one of the existing listed uses, then the Planning Division Manager shall initiate a Zoning Text Amendment pursuant to procedures set forth in 11-1-9.02 Zoning Text and Map Amendments.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-4.03 Use Chart. [1]
The use of land or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used, and no building or structure shall be erected, altered, or converted other than for those uses permitted in the zoning district in which the property is located, as shown in the Use Chart.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
[1]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
§ 11-1-4.04 Additional development standards.
A.
The following additional development standards shall apply:
1.
Accessory Dwelling Unit Standards.
See 11-1-4.09 Accessory Buildings and Uses for standards.
2.
Manufactured Home Mini-Park, Manufactured Home Park, and Vacation Travel Trailer Park Standards.
a.
Location.
It shall be unlawful for any person to locate a Mobile Home, Manufactured Home—HUD Code, or Vacation Travel Trailer within a Manufactured Home Mini-Park, Manufactured Home Park, or Vacation Travel Trailer Park within the City except as provided within this section. An existing Mobile Home may remain at its current location; however, no Mobile Home may be moved into another location within the city.
b.
License Required.
It shall be unlawful for any person to establish or operate a Manufactured Home Mini-Park, Manufactured Home Park, or Vacation Travel Trailer Park totally or partially within the corporate limits of the City, without first applying for and obtaining a license in accordance this section.
c.
Application for License.
i.
Application for the license required by 11-1-4.04.A.2.b above shall be in writing and shall be filed with the building inspector. The application shall set forth the name and address of the applicant and a proper description of the location of a Manufactured Home Mini-Park, Manufactured Home Park, and Vacation Travel Trailer Park. The applicant shall comply with all the requirements in this section as to size, location of the space to be allocated each unit, and sanitary facilities, with specifications and plans complying with this section and with all building, zoning, health, sanitary and police regulations.
ii.
A site plan shall be attached to the application, at a minimum scale of one inch equals 200 feet for sites of 30 acres or more, and at a minimum scale of one inch equals 100 feet for sites under 30 acres. The site plan shall include the following:
(a)
The area and dimensions of the tract of land with identification of location and boundaries;
(b)
The number, location and size of all manufactured home spaces;
(c)
The location, width and specifications of driveways, roadways and walkways;
(d)
The location and specifications of water and sewer lines and riser pipes;
(e)
The location and details of lighting, electrical and gas systems;
(f)
The location and specifications of all existing buildings or building to be constructed within the park;
(g)
Existing and proposed topography of the Manufactured Home Park or Vacation Travel Trailer Park;
(h)
The location of fire mains, including the size, the hydrants and any other equipment which may be required by the fire code; and
(i)
Such other information as municipal reviewing officials may reasonably require.
d.
Application Fee.
A fee in accordance with the Fee Schedule shall accompany the application, payable to the City, which shall be an application fee and inspection fee for the examination of the application, and shall not be returned, whether a license is granted or not.
e.
License Fee.
Upon the approval of an application provided for in Sections 11-1-4.04.A.2.d and 11-1-4.04.A.2.e, an annual license shall be issued upon payment of a fee in accordance with the Fee Schedule). This license fee shall be for a period of one year and shall be payable in advance on January 1 of each succeeding year after the date of first license. The fee for the first license shall be prorated according to the quarter of the calendar year in which the license is issued. This nontransferable license may be obtained from the city inspection office. The license shall be conspicuously posted in the office located on the premises of the Manufactured Home Park or Vacation Travel Trailer Park at all times.
f.
Types of License.
There shall be two types of licenses, defined as follows:
i.
Type I.
(a)
Type I shall be for Manufactured Home Mini-Parks or Manufactured Home Parks which are to accommodate only those manufactured homes in which water closet, bath and lavatory facilities are contained, and any park holding a Type I license on which any other type of trailer is placed shall be in violation of this section and subject to having the license revoked.
ii.
Type II.
(a)
Type II shall be for Vacation Travel Trailer Parks and shall allow the accommodation of either modern trailers in which water closet, bath or lavatory accommodations are contained or those trailers which do not have these facilities, but must meet the requirements within this section.
g.
Cancellation of License.
Upon any violation of the provisions of this section, the building inspector shall notify the owner of the Manufactured Home Mini-Park, Manufactured Home Park, or Vacation Travel Trailer Park that his license is cancelled, which cancellation shall become effective ten days from the date of notice and shall be in addition to any other penalty provided in the Zoning Ordinance or City Code. In case of such cancellation, the licensee shall have the right to appeal to the City Council within ten days. Such appeal shall be by written petition addressed to the City Council. A new license may be issued if the circumstances leading to revocation have been remedied and a new license fee paid.
h.
Manufactured Home Mini-Park, Manufactured Home Park, or Vacation Travel Trailer Park Development Regulations.
All Manufactured Home Parks and Vacation Travel Trailer Parks constructed in whole or in part after April 22, 1971, and all Manufactured Home Mini-Parks, shall conform to the following requirements, and all existing such parks (as of April 22, 1971) shall become nonconforming uses and subject to all applicable regulations of the City pertaining thereto, respectively, to wit:
i.
Manufactured Home Parks.
(a)
Where allowed:
[1]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
(b)
Density:
The maximum allowed density shall be seven manufactured homes per acre.
(c)
Size:
Initial development of any Manufactured Home Park shall not be less than eight acres fully improved with utility serviced spaces and shall be defined on all site plans.
(d)
Tenant storage:
Manufactured Home Parks shall provide storage facilities of 120 cubic feet minimum on each manufactured home space.
(e)
Recreation area:
A landscaped recreation area or areas totaling not less than eight percent of the total Manufactured Home Park site shall be provided. Such recreation area shall be provided in a central location where possible and may be divided so as not to exceed one such recreation area per five acres of gross Manufactured Home Park area. Regardless of location, each recreation area's smallest dimension shall be not less than 50 feet. Community buildings and community use facilities, adult recreation and child play areas and swimming pools may be included in these recreation areas. This area shall be protected from traffic hazards.
ii.
Vacation Travel Trailer Parks.
(b)
Density:
The maximum allowed density shall be 12 travel trailers per acre.
(c)
Size:
Initial development of any Vacation Travel Trailer Park shall be not less than two acres.
(d)
Sanitation facilities: Vacation Travel Trailer Parks shall provide water closets, baths or showers and other sanitation facilities which shall conform to the following requirements:
(i)
The sanitation facilities for males and females shall be either in separate buildings, or shall be separated if in the same buildings, and ventilated at all times with screened openings. These service buildings shall be maintained in clean, sightly condition. Service buildings shall be located not closer than five feet nor farther than 200 feet from vacation travel trailer space.
(ii)
An adequate supply of hot water shall be provided at all times in any required service buildings, and for all bathing, washing, cleansing and laundry facilities.
(iii)
Toilet facilities—Males: Toilet facilities for males shall consist of not less than one flush water closet for every 15 vacation travel trailers, one urinal for every 15 vacation travel trailers, and one shower with individual dressing accommodations for every ten vacation travel trailers.
(iv)
Toilet facilities—Females: Toilet facilities for females shall consist of not less than one flush water closet for every ten vacation travel trailers, and one shower with individual dressing accommodations for every ten vacation travel trailers.
iii.
Manufactured Home Parks and Vacation Travel Trailer Parks.
(a)
Setbacks and space requirements.
Table 3: MHP and VTTP Setbacks and Space Requirements | |||
|---|---|---|---|
Requirements | Manufactured Home Parks | Vacation Travel Trailer Parks | |
Spacing: | |||
Between structures | 20 ft. | 10 ft. | |
End-to-end parking | 10 ft. | 6 ft. | |
Setbacks: | |||
From permanent structures (excluding individual storage structures, patio roofs and carports) | 10 ft. | 10 ft. | |
From patio roof or carport of one structure to adjacent structures | 3 ft. | 3 ft. | |
Rear and side park property lines | 10 ft. | 5 ft. | |
Front park property lines | 25 ft. | 15 ft. | |
From interior streets | 15 ft. | 10 ft. | |
From cul-de-sac streets | 25 ft. | 10 ft. | |
Space Width: | 40 ft. | 25 ft. | |
(b)
Area requirements for manufactured homes: Each manufactured home space shall provide a minimum area of 3,500 square feet; however, no manufactured home space shall have dimensions less than 40 feet on the narrow dimension nor 80 feet on the long dimension.
(c)
Patio roofs and carports: Manufactured home and vacation travel trailer spaces may have open, unenclosed patio roofs and carports of metal, fiberglass or other noncombustible materials.
(d)
Utilities:
(i)
Water supply: An adequate supply of potable water for domestic and fire protection purposes shall be supplied that is determined by the fire marshal to be sufficient to meet the requirements of the park. Manufactured home and vacation travel trailer spaces shall be provided with water hookups at least four inches above the ground and hose connections for lawn maintenance.
(ii)
Sewage disposal: Waste from showers, bathtubs, water closets, and lavatories in manufactured homes, vacation travel trailers and service or other buildings within the park shall be discharged into a public sewer service system in compliance with applicable ordinances. In the event public services are not available, such waste shall be discharged into a private disposal system approved by the City of Midland Health Department.
(iii)
Natural gas: Manufactured home and vacation travel trailer space shall be provided with a natural gas hookup at least four inches above the ground.
(iv)
Electric service: Underground service shall be provided throughout Manufactured Home Parks and Vacation Travel Trailer Parks, and service to individual manufactured homes and vacation travel trailers shall meet the requirements as set forth in the City Code. All electric meters shall be permanently installed in a location accessible from an interior street, alley or all-weather walkway.
(v)
All utilities supplied to manufactured homes or vacation travel trailers shall comply with all applicable plumbing, gas and electric codes and regulations of the City.
(e)
Lighting:
(i)
Entrances and exits to Manufactured Home Parks and Vacation Travel Trailer Parks shall be lighted with one or more luminaries (or fixtures) totaling at least 7,700 lumens.
(ii)
The interior area of Manufactured Home Parks or Vacation Travel Trailer Parks shall be lighted to 0.5 candle average maintained. All luminaries shall be mounted 15 feet to 25 feet above ground level.
(f)
Walks: All interior walks of Manufactured Home Parks and Vacation Travel Trailer Parks shall be all-weather and not less than four feet in width. Walks provided adjacent to interior streets shall be three feet concrete gutter-walks. Walks provided adjacent to public streets shall comply with the City Code.
(g)
Interior streets:
(i)
Interior asphalt streets shall be provided to serve each manufactured home and vacation travel trailer space. All spaces shall abut upon a paved interior streets, which shall connect with a public street. In Manufactured Home Parks and Vacation Travel Trailer Parks the interior streets shall not be less than 36 feet in width. All streets shall have standard curb and gutter except where three-foot gutter-walks or drives are stipulated. No cul-de-sac street shall be over 250 feet from the center of the turnaround to the nearest curb-line of the public or interior street it abuts. At the end of each cul-de-sac a ten-foot-wide open, unobstructed firefighting easement shall be provided. This easement shall not be more than 200 feet in length and shall abut and open onto a private or public street other than a cul-de-sac. Gates may be installed in such opening, provided breakaway locks are used.
(h)
Ingress and egress: All Manufactured Home Parks and Vacation Travel Trailer Parks shall have a double drive entrance separated by a 30-foot median, and at least one secondary entrance street shall be provided along the abutting public dedicated street at a minimum interval of 300 feet along the perimeter of the park. Such streets shall have standard curb and gutter and shall not be less than 36 feet wide. All curb cuts on public streets must comply with the provisions of the City Code.
(i)
Driveway or access-way: A driveway or access-way shall be reserved from the street to the manufactured home or vacation travel trailer.
(j)
Vacation Travel Trailer Parks shall provide one automobile parking space for each vacation travel trailer space, and one additional guest parking space shall be provided in a common area for each four vacation travel trailer spaces in the park. Such parking spaces shall not be over 200 feet from the travel trailers they serve and shall conform to all requirements of 11-1-6.02 Off-Street Parking and Loading Requirements.
iv.
Manufactured Home Mini-Parks.
(a)
Any tract developed as a Manufactured Home Mini-Park shall have a minimum area and dimensions as required by 11-1-3.09.D.2.a. The size of any such park shall not be reduced below these minimum dimensions until all manufactured homes have been removed therefrom or, if located in the MH, Manufactured Housing District, until the minimum area regulations for manufactured homes as fixed dwellings on individual lots have been met and certificates of occupancy for such use obtained.
(b)
Each manufactured home space shall have frontage of not less than 25 feet on a public street and access from a public alley by which it abuts for a distance of not less than ten feet and be served with public water, sewer, gas and electric service, all in the same manner as if each were an individual separate lot.
(c)
Sidewalks, where required by City Code, and curbs and gutters shall be constructed on the adjacent side of each street abutting a Manufactured Home Mini-Park, and two parking spaces, paved with concrete or asphalt, shall be provided on each manufactured home space to conform to all requirements of 11-1-6.02 Off-Street Parking and Loading Requirements. These requirements shall be completed by the property owner before any manufactured home space is rented or leased and any manufactured home placed thereon.
(d)
Each manufactured home space shall have a minimum width of 35 feet and a minimum average depth of 100 feet and shall have a minimum area of 4,000 square feet.
(e)
The minimum yard regulations that shall apply in relation to the boundaries of a Manufactured Home Mini-Park and the maximum height limits shall be those of the zoning district in which the park is located.
(f)
The minimum distance between manufactured homes at any point shall be 12 feet. Accessory structures shall observe the following setback regulations:
(i)
Attached accessory structures shall observe the same minimum separations from manufactured homes and attached accessory structures on adjacent spaces as required for manufactured homes.
(ii)
Detached accessory structures shall be located not less than six feet from any portion of an adjacent space where the approved site plan would permit the placement of a manufactured home or attached accessory structure. Further, detached accessory structures shall be located not less than six feet from any manufactured home space line, except as follows: No setback shall be required if the accessory structure is constructed with a solid masonry wall achieving a four-hour fire rating adjacent to such space line. A setback of not less than three feet shall be observed if the accessory structure is constructed with a one-hour firewall facing such space line.
(g)
The coverage of a space by a manufactured home and any attached accessory structure shall not exceed 40 percent; provided that a vehicle parking space shall not be considered in determining the space coverage.
(h)
No structure shall be built as an addition to a manufactured home except a self-standing patio cover or carport without enclosed sides and no storage shall be permitted under the manufactured home except transportation wheels.
(i)
Connections to utilities by manufactured home occupant. Connection to utilities shall be made in conformance with the applicable standards of the City of Midland as set forth in the ordinances of the City of Midland and shall be subject to approval by the building official. Connection must be made to the public water supply and sewer system. Occupancy of a manufactured home shall not be permitted prior to the same having passed all city inspections regarding utility hookups and placement and a Certificate of Occupancy and Compliance having been issued.
(j)
Each manufactured home placed in such a park shall conform to all zoning regulations applicable to manufactured homes, and to the standards set forth in the Texas Manufactured Housing Standards Act, as amended, and the rules and regulations promulgated pursuant thereto by the Texas Department of Licensing and Regulation (or its successor), if applicable, including, but not limited to, construction, foundation blocking, tie-downs and utility connections. According to Chapter 1201 of the Occupations Code (the Texas Manufactured Housing Standards Act), rules thereunder are rules of "the Texas Department of Housing and Community Affairs operating through its manufactured housing division."
i.
Sanitation Facilities.
Vacation Travel Trailer Parks shall provide water closets, baths or showers and other sanitation facilities which shall conform to the following requirements:
i.
The sanitation facilities for males and females shall be either in separate buildings, or shall be separated if in the same building, and ventilated at all times with screened openings. These service buildings shall be maintained in clean, sightly condition and kept free of any condition that could menace the health of any occupant. Service buildings shall be located not closer than five feet nor farther than 200 feet from vacation travel trailer space.
ii.
An adequate supply of hot water shall be provided at all times in any required service buildings, and for all bathing, washing, cleansing and laundry facilities.
iii.
Toilet facilities.
(a)
Males: Toilet facilities for males shall consist of not less than one flush water closet for every 15 vacation travel trailers, one urinal for every 15 vacation travel trailers, and one shower with individual dressing accommodations for every ten vacation travel trailers.
(b)
Females: Toilet facilities for females shall consist of not less than one flush water closet for every ten vacation travel trailers, and one shower with individual dressing accommodations for every ten vacation travel trailers.
j.
General regulations pertaining to Manufactured Home Parks and Vacation Travel Trailer Parks.
i.
Removal of trash and garbage. Manufactured Home Parks and Vacation Travel Trailer Parks shall provide a sufficient number of refuse containers to handle the refuse generated by their occupants. Such refuse containers shall be located in designated areas where pickup will be made by the City.
ii.
Fire protection.
(a)
Manufactured homes.
(i)
Each manufactured home shall contain a working five-pound CO-2 fire extinguisher at all times.
(ii)
Fire hydrants shall be installed so that no manufactured home space will be over 500 feet from a hydrant.
(iii)
There shall not be any storage under the manufactured home.
(iv)
Fences around manufactured homes shall not be over 36 inches high across the front of the space.
(b)
Vacation travel trailers.
iii.
Supervision. A responsible attendant or supervisor, owner or operator shall be in charge at all times to keep the Manufactured Home Park and Vacation Travel Trailer Park, its facilities and equipment in a clean, orderly and sanitary condition and he shall be answerable, with the licensee, for any violation of the provisions of this section.
k.
General regulations pertaining to Manufactured Home Mini-Parks.
i.
Manufactured home location permits.
(a)
Permit required: No manufactured home may be located or emplaced within a Manufactured Home Mini-Park unless a location permit for such manufactured home has been issued by the city inspection division, and it shall be unlawful for any person to locate or emplace a manufactured home or cause or permit the same to be located or emplaced unless the requisite location permit has been issued for such manufactured home.
(b)
Application for location permit: The application for a location permit shall contain the following information:
(i)
The name of the company or person emplacing the manufactured home.
(ii)
The name of the registered owner of the manufactured home.
(iii)
The legal description, address and owner of the location to which the applicant is intending to move the manufactured home.
(iv)
A description of the manufactured home, including manufacturer's serial number, length, width, make and year model.
(v)
The location from which the manufactured home is being moved.
(c)
Issuance of location permit: Upon receipt of an application for a location permit from a manufactured home owner or his agent, and upon determination that the requirements of this section and all other applicable regulations are satisfied, the building official shall issue a location permit to the applicant or his agent.
(d)
Location permit fee: Following approval of the application, and for the purpose of defraying the administrative costs of processing such application, a fee shall be paid for the issuance of the location permit according to the Fee Schedule.
(e)
Unlawful to permit emplacement: It shall be unlawful for the owner or person in charge of premises to permit a manufactured home to be located or emplaced on such premises unless the requisite location permit has been issued for such manufactured home as provided in subsection 11-1-4.04.A.2.k.i(a) above.
ii.
Manufactured Home Mini-Park license.
(a)
No location permit shall be issued for emplacement of a manufactured home in each park until a license has been obtained by the park owner. Application for said license shall be in writing and shall be filed with the building official. Such application shall set forth the name and address of the property owner and the address and legal description of the proposed Manufactured Home Mini-Park. The initial license application shall be accompanied by a site plan as required herein. A revised site plan shall be submitted and approved prior to any change in the required elements of the site plan as specified herein. A fee, according to the Fee Schedule, shall accompany the application and any filing of a revised site plan, payable to the City, which shall be an application fee and inspection fee for the examination of the site plan, and shall not be returned whether a license is granted or not.
(b)
Upon the approval of an application an annual license shall be issued. This license shall be for a period of one year and shall be renewed on January 1 of each succeeding year after the date of the first license. This nontransferable license may be obtained from the city inspection office.
(c)
Cancellation of license. Upon any violation of the provisions of this section, the building official shall notify the owner of the Manufactured Home Mini-Park that his license is cancelled, which cancellation shall become effective ten days from the date of notice and shall be in addition to any other penalty provided in the Zoning Ordinance or City Code. In case of such cancellation, the licensee shall have the right to appeal to the City Council within ten days. Such appeal shall be by written petition addressed to the City Council. A new license may be issued if the circumstances leading to revocation have been remedied and a new license fee paid.
iii.
Site plan requirements. Before any manufactured home may be emplaced in or upon any Manufactured Home Mini-Park or portion thereof, a site plan containing the following listed information must be submitted, reviewed by the building official and approved in accordance with the provisions of this section:
(a)
Name and address of property owner.
(b)
Location and legal description of the proposed Manufactured Home Mini-Park.
(c)
The area, dimensions and boundaries of the tract of land proposed for such park.
(d)
The number, location and size of all proposed manufactured home spaces.
(e)
The location, width and types of all private driveways and walkways, if any.
(f)
The location and details of any fences around the boundaries of the park.
(g)
The location and types of all permanent buildings within the proposed Manufactured Home Park.
(h)
The location and types of gas, electrical, water and sewer lines.
(i)
The setbacks to be observed by manufactured homes, attached accessory structures and detached accessory structures as required to conform to 11-1-4.04.A.2.h.iv Manufactured Home Mini-Parks.
(j)
All public sidewalks, curbs and gutters and paved parking spaces as required herein.
l.
More than one family per unit prohibited.
It shall be unlawful for more than one family to use one unit as a living or sleeping quarters in any Manufactured Home Park, Manufactured Home Mini-Park, or Vacation Travel Trailer Park.
m.
Temporary Special permits.
Upon satisfactory proof that the applicant qualifies for one of the exceptions set out hereinafter in 11-1-4.04.A.2.m.iii below, temporary special permits may be issued by the Planning and Zoning Commission for manufactured homes as provided herein. Such permit for a manufactured home may be issued for any specified location (unless otherwise restricted herein) within the City, subject to the following rules and regulations:
i.
Only one manufactured home may be covered by the application for special permit (which must be filed with the director of planning and development on a form prescribed by him, not less than 20 days before such application is considered by the Planning and Zoning Commission).
ii.
The application shall be processed as provided for applications for manufactured home or Vacation Travel Trailer Park licenses in all the preceding subsections of this section and subject to the same requirements regarding utilities, sewer connections, drainage and removal of trash and garbage for manufactured homes, but the application fee shall be determined by a fee spreadsheet and no annual license shall be required. The use and occupancy of any manufactured home shall be subject to all other ordinances, rules and regulations of the City applicable to single-family residences.
iii.
Special permits may be issued as follows:
(a)
Special hardship permits. Upon satisfactory proof of medical or other conditions constituting a genuine hardship, a special hardship permit may be issued to the owner of a manufactured home for location on a lot or tract owned by him or a member of his family and which shall only be occupied by such owner and his family or other member or members of his family and shall never be rented out or used for any commercial purposes whatsoever. However, medical or other conditions constituting a genuine hardship shall not be a financial hardship or the inability to merely accommodate the effective use of the property. No such permit may be issued for a parcel of property for a period of more than two years, provided however, that the Planning and Zoning Commission may, upon subsequent application, approve renewals of such permits for successive periods of not more than two years each for as long as the hardship exists. Each renewal of any such permit shall require a separate determination of hardship and any request for renewal may be disapproved. In considering whether to approve any permit renewal request, the Planning and Zoning Commission shall consider the following:
(i)
Whether the original need has continued to the same or a greater degree or, if the degree of need has lessened, whether it constitutes a genuine hardship;
(ii)
Whether the hardship justifies any adverse effect on the value, development, or enjoyment of the use of property in the vicinity which may exist or be anticipated; and
(iii)
Any alternatives for relieving the hardship which the Planning and Zoning Commission considers appropriate.
(b)
Special Permit for caretaker's, manager's, or guard's residence. Upon satisfactory proof of conditions constituting a genuine need, a special permit may be issued for a manufactured home to be located where not otherwise permitted by the zoning ordinance, on a lot or tract owned by the applicant and to be used as caretaker's, manager's or guard's residence. Provided, however, that such manufactured home shall not contain in excess of 1,000 square feet of gross floor area and shall be located not less than 30 feet from any other structure or from any lot line of an adjacent lot or parcel of land and shall never be rented out or used for any commercial purpose whatsoever. Provided further that no such permit may be issued for a parcel of property for a period of more than two years and no renewal of such a permit shall be approved which would extend the total period to more than two years. Provided, however, that the preceding two-year limitation shall not apply to such permits issued prior to April 12, 1977, other than as to renewals thereof subsequent to said date.
iv.
The Planning and Zoning Commission may impose any reasonable conditions, restrictions, or limitations on such permits as it deems to be in the public interest after full hearing on said application.
The applicants for such permits shall submit accurate site plans, dimensioned to show minimum distances from property lines and other structures on the property and containing any other information pertinent to the positioning and use of the manufactured home on the property, for review and approval as a part of their applications. Any manufactured home permitted shall observe all area regulations applicable to single-family residences unless the Planning and Zoning Commission specifically approves an exception to such requirements in its approval of the temporary special permit.
v.
No such special permit shall be issued until after a hearing before the Planning and Zoning Commission following written notice of the time, place and purpose thereof to the applicant and to the owners of all other property within 200 feet of the lot or tract of land for which the permit is sought. Said notice shall be given by first class U.S. mail (deposited in the city post office not less than 15 days prior to the hearing) addressed to the parties entitled to receive the same as the ownership appears on the last approved city tax roll.
vi.
No application requesting a temporary special permit on any property which has been the subject of a previous request for a temporary special permit that was denied by the Planning and Zoning Commission shall be considered by the Planning and Zoning Commission before the expiration of six months from the date of such previous denial.
vii.
Revocation of a special permit may occur for any violation of the special permit terms. If a violation is identified by the City, then the City shall send notice to the permit holder of the violation and hold a hearing within 30 days, but not earlier than 20 days from the date the notice is sent by the City. At the hearing, the Planning and Zoning Commission shall consider evidence of the violation and allow the permit holder to respond to the evidence. The Planning and Zoning Commission shall render a decision whether to revoke the permit after the hearing.
n.
Parking restrictions.
i.
No person shall park, place or locate any trailer, trailer house, manufactured home, motor home, vacation travel trailer, or other unit which is designed or used as living or sleeping quarters, within any block, on any street (public or private), alley, or public park within the City for a period longer than four hours, in any 24-hour period, except that a vacation travel trailer as defined herein may be parked and occupied by a non-Midland resident on the street abutting the property of the Midland resident that he is visiting, for a period not exceeding 48 hours per 30-day period, and except that a Midland resident may place or park but not occupy his vacation travel trailer on the street adjacent to his residence while engaged in active loading or unloading for a period not exceeding 48 hours in a five-day period. In no event shall the vacation travel trailer be parked on a public street where the vacation travel trailer is closer than 40 feet to the near curb-line, traveled portion or extension thereof of an intersecting public street or highway.
ii.
No person shall park or locate any manufactured home upon any private lot, tract or parcel of land owned by any person, for a period longer than four hours in any 24-hour period.
iii.
No person shall park, place or locate any vacation travel trailer or other such unit as defined herein on any private lot, tract, or parcel of land within a residence area of the City except in compliance with Title X, "Traffic Regulations," Chapter 10-13, "Parking Prohibited," Section 5, "Parking in residence districts," of the Midland City Code.
iv.
No person shall occupy or use as living or sleeping quarters any vacation travel trailer or other such unit as defined herein, on any private lot, tract or parcel of land within the City, except in a Vacation Travel Trailer Park as provided herein or as specified in Title X, "Traffic Regulations," Chapter 10-13, "Parking Prohibited," Section 10-13-5, "Parking in residence districts," of the Midland City Code.
3.
Industrialized Housing Standards.
a.
Industrialized Housing shall be permitted where Dwelling, Single-Family (detached) uses are allowed in the Use Chart[2].
[2]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
b.
Industrialized Housing Requirements. Industrialized Housing shall meet the following requirements:
i.
Industrialized Housing shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction.
ii.
Industrialized Housing shall conform to all applicable zoning standards for the respective zoning district.
iii.
Industrialized Housing shall be placed on an approved platted lot.
iv.
Single-family and duplex Industrialized Housing shall:
(a)
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the Industrialized Housing is proposed to be located, as determined by the most recent county certified tax appraisal roll;
(b)
Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the Industrialized Housing is proposed to be located;
(c)
Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and
(d)
Be securely affixed to an approved permanent foundation.
v.
For purposes of subsection 11-1-4.04.A.3.b.iv above, "value" means the combined taxable value of the industrialized housing and the lot after installation of the housing.
4.
Agricultural Use Standards for Select Zoning Districts.
Commercial farm, ranch, stable, garden, orchard or plant nursery, on a tract of five acres or more (unless permitted on a smaller tract by approval of a Specific Use Designation) area permitted provided no retail sales are conducted from the premises.
5.
Amusement, Commercial (outdoors) Standards.
a.
Allowed by Specific Use Designation, according to the permitted Use Chart[3].
[3]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
b.
All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.
c.
No intermittent or flashing lights shall be permitted.
d.
Luminaries shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement.
e.
No exterior auditory devices shall be permitted.
6.
Automobile or Other Motorized Vehicle Sales and Service Standards.
a.
Allowed by Specific Use Designation, according to the permitted Use Chart.
b.
All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.
c.
No intermittent or flashing lights shall be permitted.
d.
Luminaries shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement.
e.
All building façades shall be constructed with the same masonry materials that meet the masonry regulations for the zoning district in which the property is located.
f.
No exterior auditory devices shall be permitted.
7.
Concrete/Asphalt Batching Plan, Temporary.
a.
Temporary Building Permit issued by the Building Official.
8.
Credit Access Business Standards.
All Credit Access Business operations shall conform to all applicable laws, ordinances, rules, and regulations.
9.
Gasoline Filling or Service Station Standards.
a.
Allowed by Specific Use Designation, according to the permitted Use Chart[4].
[4]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
b.
Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single-family residential uses shall maintain a minimum setback of at least 125 feet.
c.
The hours of any car wash operation may be limited when located adjacent to property zoned for single-family residential uses.
d.
No exterior illumination (either direct or indirect) shall cross a residential property line nor be a nuisance to traffic.
e.
No outside/outdoor vending machines, such as soda, video rental, or newspaper vending machines, are permitted.
10.
Gas or Oil Well Operation Standards.
a.
Gas or Oil Well Operations shall conform to all applicable laws, ordinances, rules, and regulations.
11.
Heliport or Helistop Standards.
a.
Allowed by Specific Use Designation, according to the permitted Use Chart.
b.
No heliport or helistop shall be located within 1,000 feet of any church, school, library, public park or within 1,000 feet of any dwelling unless:
i.
Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state;
ii.
The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and
iii.
No substantial adverse impact exists on residence or businesses within the 1,000 foot requirement.
12.
Home-Based Business Standards.
A Home-Based Business shall meet the following requirements:
a.
No persons other than members of the family residing on the premises shall be engaged in such business;
b.
The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 500 square feet or 10 percent of the square footage of the dwelling area or Accessory Building, whichever is greater, shall be used in the conduct of the home-based business;
c.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home-based business;
d.
No sign advertising a home-based business shall be placed on property where a home-based business is conducted;
e.
Any sales in connection with such home-based business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises;
f.
No traffic shall be generated by a home-based business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home-based business shall be met off the street and other than in a required front yard;
g.
No equipment, process or work shall be used or conducted in such home-based business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
h.
The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home-based business or as an accessory use; and
i.
No Outside Storage or Outside Display of any type shall be permitted with any home-based business.
13.
Mixed Use Development Standards.
a.
Purpose Statement:
i.
Mixed Use Development is intended to encourage compatible developments of integrated nonresidential and residential activities where appropriate and acceptable among land uses through the Section 11-1-1.404 Additional Development Standards permit process.
ii.
Mixed Use Development is intended for use within the LR, Local Retail, RR, Regional Retail, and CB, Central Business Districts. All other regulations not specified in this section will follow the regulations set forth within the respective zoning district.
c.
Base Zoning District.
A Mixed Use Development shall contain the following residential zoning density equivalencies:
Table 4: Base Zoning and Density Equivalencies | |
|---|---|
Zone | Zoning Density Equivalencies |
LR, Local Retail District | MF-16, Multiple-Family Dwelling District |
RR, Regional Retail District | MF-22, Multiple-Family Dwelling District |
CB, Central Business District | No Density Restrictions |
d.
Font Yard Setback.
Where a five-to ten-foot sidewalk is present along an Arterial or Collector Street for a proposed Mixed Use Development, the proposed building may have a zero foot front yard setback measured from the property line.
e.
Design Elements.
i.
In order to promote a more walkable and urban form, parking lots or parking structures are recommended to be located in the interior of the property with buildings located along the edges of the property.
ii.
Litter receptacles shall be encouraged along Mixed Use Development street frontages. Receptacles shall be low maintenance and resistant to vandalism.
iii.
Retail and other approved nonresidential uses shall be located on the first floor of a Mixed Use Development.
f.
Density Bonus.
i.
The following density bonus options are available to all Mixed Use Developments. Density bonuses are cumulative and a combination of up to two density bonuses may be applied to the Zoning Density Equivalencies of the base zoning district (see table above).
ii.
Density Bonus Options:
(a)
Affordable Units. A density bonus of up to six dwelling units per acre may be granted if 50 percent of the additional units created by the bonus are dedicated for affordable housing. Affordable housing shall be for families earning less than 80 percent of median income, as reported for the City in the most recent census data, and calculated so that the monthly rent, including utilities, does not exceed 30 percent of a family's monthly income.
(b)
Parking Structures. A density bonus of up to the maximum density of the zoning district may be granted if a parking structure is built. The parking structure shall be designed to accommodate 100 percent of the required residential parking. Nonresidential parking does not have to be accommodated by the parking structure, but must meet the parking standards of the zoning district.
(c)
Public Art, Open Space, and Public Amenities. A density bonus of up to six dwelling units per acre may be granted if public art, a plaza, or other public open space, or public amenities are provided on-site.
14.
Mobile Food Vendor Park Standards.
A Mobile Food Vendor Park shall meet the following requirements:
a.
A Mobile Food Vendor Park is allowed by Specific Use Designation, according to the permitted Use Chart.
b.
A Mobile Food Vendor Park shall be considered a primary use on a property and therefore is subject to all development standards applicable to the zoning of the property, including off-street parking requirements.
c.
All Mobile Food Vendor Parks shall be on legally platted lots.
d.
All Mobile Food Vendor Parks shall require a Certificate of Occupancy.
e.
All Mobile Food Vendor Parks shall comply with all applicable regulations of the Midland Health Department, adopted building codes, International Fire Code, these standards, and all other applicable federal, state, and local laws.
f.
All Mobile Food Vendors shall be removed from the Mobile Food Vendor Park upon closing of the park. If a commissary is provided on-site and the Mobile Food Vendor is approved to operate within the site's commissary, then the Mobile Food Vendor will not have to be removed from the site each day.
g.
On-site Manager: There must be a designated manager of the site that is responsible for the orderly organization of Mobile Food Vendors, the cleanliness of the site, and the site's compliance with all rules and regulations during business hours.
h.
Restrooms: Permanent restroom facilities shall be provided according to the adopted International Building Code.
i.
Mobile Food Vendor Parks may be standalone establishments or may be located on a property with other permanent uses (i.e. retail establishments). These properties shall accommodate all required development standards for all primary uses.
j.
Mobile Food Vendors shall not be parked on unimproved surfaces and at a minimum be parked on compacted gravel base.
k.
One on-premise sign is permitted at the entrance(s) identifying the Mobile Food Vendor Park subject to the sign regulations for the applicable zoning district. Each Mobile Food Vendor may have attached signage.
l.
Mobile Food Vendor Parks adjacent to single-family zoned or used property (not including a mixed-use structure), shall provide appropriate screening.
m.
No Temporary Land Use Permits that allow for Mobile Food Vendors shall be permitted within Mobile Food Vendor Parks.
n.
All Mobile Food Vendor Parks not located in the CB, Central Business District, shall provide off-street parking. Off-street parking may be provided by way of shared or joint off-site parking arrangements within 1,000 feet of the park.
o.
Mobile Food Vendor Park owners are encouraged to provide for an aesthetically-pleasing environment which includes shade and seating elements in addition to pervious groundcover.
p.
All Mobile Food Vendor Parks shall comply with the noise regulations in City Code Sections 6-6-13, 14, 15, and 16.
q.
Vehicular drive-through service of food and/or beverages shall not be permitted.
15.
Outside Display Standards.
a.
Outside Display areas shall not be placed or located more than 30 feet from the main building and shall not exceed 50 percent of the linear frontage of the building.
b.
Outside Display areas shall be permitted year round.
c.
Outside Display areas shall not occupy any of the parking spaces that are required by this Zoning Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of 45 days per display and a maximum of two displays per calendar year.
d.
Outside Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
e.
Outside Display areas shall not extend into public Right-of-Way or onto adjacent property.
f.
Outside Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.
g.
Outside Display is permitted only as an Accessory Use and is not a permitted Principal Use.
17.
Refreshment Kiosk Standards.
a.
The applicant shall obtain approval from the Midland Health and Senior Services Department to operate a refreshment kiosk and shall remain in compliance with guidelines, rules and regulations established by the Midland Health and Senior Services Department.
b.
The applicant shall submit to the Planning Division Manager a letter of authorization from the owner of the property upon which the refreshment kiosk is proposed to be located.
c.
The Refreshment Kiosk shall be located on a paved surface.
d.
The applicant shall submit a site plan drawing to the Planning Division Manager for approval. The site plan shall be drawn to scale and shall show the following minimum details:
i.
Location of the Refreshment Kiosk in its relationship to existing structures, site circulation, traffic flows or patterns and off-street parking spaces and drive aisles;
ii.
Dimensions of all parking spaces and drive aisles;
iii.
Setbacks and property lines on public and private streets;
iv.
Size and dimensions of the Refreshment Kiosk; and
v.
Location of proposed utilities to serve the Refreshment Kiosk.
e.
No Refreshment Kiosk shall block, impede or otherwise hinder the traffic flow within the lot where the Refreshment Kiosk is proposed to be located, including any approaches or exit lanes leading to and/or away from the Refreshment Kiosk. No Refreshment Kiosk shall be allowed to cause undue or unsafe congestion on or near the ingress or egress points located on the lot or adjacent lots, nor shall any fire lane be blocked by the structure or patrons of the Refreshment Kiosk.
f.
Two parking spaces shall be provided on the property on which the Refreshment Kiosk is located for employee use.
g.
Business signs, limited to flat wall signs, are permitted on the structure. All signage shall conform to all applicable laws, ordinances, rules, and regulations.
h.
The design and operation of the refreshment kiosk shall comply with all applicable laws, ordinances, rules, and regulations.
i.
The area of the Refreshment Kiosk shall not exceed 200 square feet.
j.
A structure used for a Refreshment Kiosk shall not be required to be a permanent structure, and may be a movable structure having skids or wheels. A movable structure shall be anchored to the ground adequately in a manner determined to be sufficient by the manufacturer of the building and in accordance with the Midland City Building Code.
18.
School (School, Private and School, Public) Standards.
a.
A public or private school shall be subject to the following conditions:
19.
Temporary Building for New Construction Standards.
a.
Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for two years in accordance with a permit issued by the Building Official. Two six month extensions may be approved by the Building Official. The temporary buildings must meet all setbacks and must be set back at least 25 feet from a residential lot or building.
b.
Upon completion or abandonment of construction or expiration of permit, the temporary field offices and buildings shall be immediately removed.
20.
Wireless Communication Systems Standards.
a.
Purpose.
i.
The regulation of Wireless Communication Systems is intended to provide for the appropriate location and development of wireless communication towers and antennas to serve the residents and businesses, minimize the visual impacts of towers through careful design, siting and screening, prevent potential damage to adjacent properties through engineering and careful siting of structures, and maximize use of any new or existing towers to reduce the number of towers needed. The intent of this section is to:
(a)
Discourage the location of towers in residential areas and minimize the total number of towers throughout the City.
(b)
Encourage the shared use of new and existing towers, and the use of existing alternate structures.
(c)
Require users to locate and engineer towers and design sites in ways that minimize the adverse visual impact and ensure the public safety.
b.
Compliance with Telecommunications Act.
i.
The regulations herein have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996:
(a)
Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities.
(b)
Regulations "shall not unreasonably discriminate among providers of functionally equivalent services."
(c)
Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services."
(d)
"Denial shall be in writing and supported by substantial evidence."
(e)
Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions."
c.
Design Standards.
i.
The Use Chart[5] shall govern the use of Wireless Communication Systems. Prior to filling a request for a building permit and/or a Specific Use Designation, whichever is applicable, the following requirements must be met:
(a)
The setback of an antenna support structure from a residential zoning district, except by a Specific Use Designation, measured from the base of the antenna support structure to the nearest residential zoning district boundary shall be equal to the height of the antenna support structure plus the setback of the zoning in which it is located.
(b)
The unmanned equipment buildings shall not exceed 750 square feet of gross floor area per building and shall not exceed 12 feet in overall height.
(c)
The overall height of antenna support structures including the antenna shall not exceed 150 feet. Buildings or other independent support structures as defined in this Section shall be exempt from the maximum height requirement; however, they shall comply with all other requirements as set forth.
(d)
The fall radius of the antenna support structure must be from finished grade to the height of the antenna plus an additional ten feet.
(e)
A building permit from the Building Official of the City of Midland shall be required for the installation of any antenna support structures, antennas attached to buildings or other independent support structures and unmanned equipment buildings developed for Wireless Communication Systems. An application for a building permit shall be accompanied by the following in duplicate:
(i)
A complete set of construction documents showing the proposed method of installation.
(ii)
A copy of the manufacture's recommended installation instructions, if any.
(iii)
A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts.
(iv)
Certification by a structural or civil engineer registered with the State of Texas that the proposed installation complies with the requirements of the City of Midland Building Code.
(v)
Certification stating that all antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration), its successor, or other applicable federal or state agencies.
[5]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
ii.
The shared use of existing antenna support structures and approved antenna support structure sites shall be preferred to the construction of new facilities. The antenna support structures must be constructed to support a minimum of two antenna arrays from two separate Wireless Communication Systems providers or users. Annually, the Building Official shall publish a list of known Wireless Communication Systems providers by advertisement in a newspaper of general circulation. The Building Official may add known Wireless Communication Systems providers to this list. This Wireless Communication Systems providers list shall remain valid for one calendar year. Prior to certification of any application, all applicants for antenna support structures shall comply with the following procedures:
(a)
All Wireless Communication Systems applicants shall provide notice by mail to all providers on the Wireless Communication Systems providers list with the following information: specifications of the proposed antenna support structure; its general location; its proposed height; and a phone number to locate the owner of the antenna support structure. A copy of the notice shall be mailed to the Building Official's office. The notices shall invite potential Wireless Communication Systems providers to apply for space on the proposed antenna support structure.
(b)
The applicant shall submit a report inventorying existing antenna support structures and antenna sites within a one-mile distance from the proposed site outlining opportunities for shared use as an alternative to the proposed one. In the case of co-location, the pro rata reimbursement to the initial applicant from the future provider shall not exceed 55 percent of the original cost for construction of the antenna support structure.
iii.
Stealth Design.
(a)
Stealth means any telecommunications tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screening the same color scheme, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as light poles, power poles, and trees. The term stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.
(b)
The installation of Wireless Communication Systems utilizing a stealth tower to camouflage an antenna support structure, such as a clock tower, flagpole or tree is recommended in all zone districts, and is required in residential zones. In addition, stealth design may include utilizing church steeples, bell towers, and other internal structures.
(c)
Concealed Wireless Communication Facilities (WCF).
Concealed WCF are permitted in all zoning districts and are not regulated by these provisions of the Zoning Ordinance. Other Concealed WCF are permitted in all zoning districts, subject to the following standards:
(i)
Public/quasi-public spaces—Concealed WCF are permitted on residentially zoned property that are designated or used for public or quasi-public spaces such as, but not limited to, schools, churches, or golf courses, subject to obtaining a proper permit(s) pursuant to the provisions contained in the Zoning Ordinance.
iv.
Additional Design Standard Requirements.
(a)
Tower illumination—Towers shall not be illuminated except as required by the Federal Aviation Administration (FAA) or other applicable federal or state agencies.
(b)
Radiation Standards—Wireless Communication Systems shall comply with current Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.
(c)
Fencing for Wireless Communication Systems—A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on a building or other independent support structure. The fence shall not be less than eight feet in height measured from finished grade. Access to the antenna support structure shall be through a locked gate.
(d)
Landscaping for Wireless Communication Systems Requiring a Specific Use Designation—Landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the antenna support structure, and any other ground level features, such as a building). A combination of existing/native vegetation, natural topography, manmade features such as berms, walls, decorative fences and any other features can be used instead of landscaping if those features achieve the same degree of screening as the required landscaping. Landscaping shall be exempt for Wireless Communication Systems in the permitted use zones.
(e)
Setbacks for Wireless Communication Systems—Antenna support structures and unmanned equipment buildings shall meet the minimum building setback requirements per Section 11-1-4.04.A.20.c.i(a).
(f)
Abandonment—In the event the use of any Wireless Communication Systems, which would include the antenna support structure, has been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed abandoned. Determination of the date of abandonment shall be made by the Building Official, who shall have the right to request documentation and/or affidavits from the antenna support structure owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove the antenna support structure within 90 days of receipt of notice from the Building Official notifying the owner/operator of such abandonment. If such antenna support structure is not removed within said 90 days, the Building Official may cause such antenna support structure to be removed at the owner's expense. If there are two or more users of an antenna support structure, then this provision shall not become effective until all users cease using the antenna support structure.
d.
Wireless Communication Systems shall be a use permitted by right in all zoning districts if the land or structure is owned by the City of Midland.
i.
All antenna support structures or buildings or other independent support structures where antennas are proposed to be attached shall require a building permit. Antenna support structures located in residential zoning districts shall be monopole design. The height of a monopole antenna support structure, including the antenna, shall not exceed 150 feet. Wireless Communication Systems shall not be allowed in city parks which contain five acres or less.
ii.
Antenna support structures shall be spaced from all residential zoning districts a minimum of 200 feet, measured from the base of the antenna support structure to the nearest residential zoning districts, except for antenna support structures located on land owned by the City of Midland within residential zoning districts. This spacing requirement does not apply to antennas attached to the buildings or independent support structures.
iii.
The antenna array may be attached to buildings or independent support structures if:
(a)
The pole replaced or modified is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole, or antenna support structure; and
(b)
The replaced or modified antenna support structure, including antenna array, does not exceed the height of the original utility, light standard, or recreation facility pole by more than 12 feet, or the height of the original telecommunication tower and antenna array; and
(c)
The pole replaced with an antenna support structure does not obstruct a public sidewalk, public alley, or other right-of-way, and pole appearance and function, except for the antenna, are not significantly altered; and
(d)
The existing support structure is engineered to support the proposed antenna.
e.
Radio and Television Antennas.
i.
Radio and Television Antennas, limited to those used by the federal licensed amateur radio operators, unlicensed citizens band radio operators, and private citizens receiving television signals, including satellite dish antennas, shall be considered as permitted accessory uses in all zoning districts and shall be permitted in accordance with the regulations for detached accessory structures. Antenna support structures within nonresidential districts shall comply with the height and setback requirements for the particular district.
ii.
The height of an antenna support structure shall be the total maximum to which it is capable of being raised and shall be measured from the finished grade adjacent to the antenna or antenna support structure if ground mounted or from the peak of the roof if roof mounted.
iii.
A building permit from the Building Official of the City of Midland shall be required for the installation of any roof-mounted antenna or antenna support structure over 12 feet above the peak of the roof and any ground-mounted antenna or antenna support structure over 25 feet in height. A building permit shall be issued only when there is full compliance with this Section and the applicable provisions of the City of Midland Building Code. Applications for a building permit shall be accompanied by the following in duplicate:
(a)
A complete set of construction documents showing the proposed method of installation.
(b)
A copy of the manufacturer's recommended installation instructions, if any.
(c)
A diagram to scale showing the locations of the antenna property and setback lines, easements, power lines and all structures.
(d)
Certification by a structural or civil engineer registered by the State of Texas that the proposed installation complies with the structural requirements of the City of Midland Building Code, as may be amended.
iv.
All antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration), its successor or any other federal or state agencies.
21.
Wrecking or Auto Salvage Yard Standards.
Wrecking or Auto Salvage Yards shall be completely enclosed by an opaque wall, screen, or fence at least eight feet high around those portions of such tract in which the Wrecking or Auto Salvage Yard operations are conducted. Such establishments shall also be in conformance with the standards and requirements of applicable state and federal laws and regulations.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-4.05 Temporary Uses of Land.
A.
Standards.
The following types of uses shall be allowed on a temporary basis by resolution approved by the City Council when it determines that the proposed temporary use will not be detrimental to the use of land in the established zoning district, according to the uses allowed by such district. The maximum time limit of such temporary use shall be one year, and the Council may impose any conditions it deems necessary to ensure that the conditions of construction or operation associated with the temporary use will not be inconsistent with the intent of the use of land according to the established zoning district. Land used as a roping arena as approved by the City Council shall have a maximum time limit of three years and any renewal process shall be subject to the same public hearing process and procedures described herein as for all other allowable temporary uses of land. Such temporary uses shall not be considered as established uses of land when approved as provided herein. Therefore, the procedures applicable to re-zoning of properties shall not apply, except that a single public hearing shall be held by the City Council, with prior notice to owners of property within 200 feet of the proposed location, a minimum of ten days before such hearing, prior to approval of such temporary use, if the period of use will extend in excess of one calendar day (except in the case of a mobile food vendor, as provided within this section) or the use is located within any residential zoning district or is located within 1,000 feet of any residential zoning district. All buildings or other structures which are erected or located on the property in connection with the temporary use shall be removed not later than two days after the same time period for which the use is approved as set forth in the resolution, or sooner if specified in the conditions of approval.
1.
Carnival, fair, circus or amusement facility or function.
2.
Asphalt or concrete batching plant.
3.
Seasonal fruit, vegetable, plant or Christmas tree sales.
4.
Religious or cultural observance or performance.
5.
Mobile food vendors at fixed location.
a.
A mobile food vendor shall be considered to have a fixed location any time it operates four or more consecutive days at one location.
b.
Mobile food vendors at a fixed location shall be connected to an individual electric meter, shall not be connected to water or sewer lines, and shall only be located on a paved surface or other similar type surface in zoning districts that allow restaurants. The mobile food vendor structure shall either be anchored to the ground or mounted on wheels and shall be wired in metal conduit. Mobile food vendors shall not sell alcoholic beverages.
c.
The following shall be submitted with all applications for Mobile Food Vendors at Fixed Locations:
i.
Health Department certificate.
ii.
If no restroom is provided by the mobile food vendor: a letter from a business whose entrance is within 500 feet from the proposed location granting restroom access for the mobile food vendors' employees; hours of operation shall not exceed said businesses' hours of operation.
iii.
A site plan for all proposed locations showing: a minimum of three paved parking spaces in addition to the parking spaces required for the business upon whose property the mobile food vendor is located, building setbacks in accordance with the zoning district, proposed signage, and distances from the mobile food vendor to all driveways on the property.
iv.
A letter of permission from the owner of the property on which the mobile food vendor proposes to locate.
6.
Roping arenas.
7.
Freight containers.
8.
Any temporary activity involving outdoor music after 10:00 p.m. or that includes the sale of alcoholic beverages.
9.
Outside sale of dogs.
The following shall be submitted with all applications for temporary land use permits for the outside sale of dogs.
a.
A letter from the property owner stating that the applicant is allowed to sell dogs between the times of 9:00 a.m. and 6:00 p.m. on the said date(s) on the said property;
b.
Veterinary records showing that each dog to be sold has its rabies vaccination;
c.
Proof that each dog to be sold has had its Distemper/Parvo vaccination, and its Bordetella vaccination;
d.
Each dog to be sold will be required to have a current City license. See Section 6-2-7, of the City Code of Midland, Texas, for license requirements;
e.
Each dog to be sold must be spayed or neutered;
f.
Each dog to be sold will require prior inspection by the Director of Animal Services or his designee. The inspection will verify the general health of the dog, and compliance with requirements {of} Sections 11-1-4.05.A.9.d and 11-1-4.05.A.9.e above.
g.
The applicant must display the temporary land use permit in a location that can be seen by customers;
h.
The applicant must provide a City of Midland Animal Services Information Packet with each dog that is sold. The packets will be issued to applicant at the time the permit is issued;
i.
The applicant must provide adequate water and shelter for the dog during all times that said dog is on the premises of the sale;
j.
The temporary land use permit for the outside sale of dogs shall be subject to the prescribed fees set forth in the adopted Fee Schedule. This fee does not apply to or affect any other temporary land use permit but only applies to a permit for the outside sale of dogs.
k.
The issuance of any temporary land use permit for the outside sale of dogs by the City of Midland does not constitute any assumption of liability by the City of Midland regarding the dog(s) to be sold or any occurrences taking place on the premises of the sale. The City of Midland assumes no liability and makes no representations that the dog(s) to be sold are fit for any particular purpose.
10.
Any temporary activity determined to be of a similar nature by the City Council.
B.
Administrative Approval of a Temporary Land Use Permit.
1.
Notwithstanding any provision to the contrary contained in Subsection A, if the City Council has previously approved a resolution authorizing a certain use of land on a temporary basis, the City Manager may approve or disapprove an application for a new temporary land use permit that authorizes the same or similar use of land on a temporary basis; provided, however:
a.
That the term of a temporary land use permit approved under this Subsection shall not exceed 30 days, except that the term of a temporary land use permit for a carnival, fair, circus or amusement facility or function, or a use similar thereto approved under this Subsection shall not exceed 14 days;
b.
That the City Manager may impose any conditions that he or she deems necessary to ensure that the conditions of construction or operation associated with the temporary use will not be inconsistent with the intent of the use of land according to the established zoning district; and
c.
That all buildings or other structures which are erected or located on property in connection with the temporary use shall be removed not later than two days after the same time period for which the use is approved as set forth in the permit, or sooner if specified in the conditions of approval
2.
To the extent the City Manager is authorized to take action on an application for a temporary land use permit under this Subsection, the following procedures shall apply:
a.
Within 30 days of the City's receipt of the application, the City Manager shall approve the application, disapprove the application, or refer the application to the City Council for action consistent with Subsection A.
b.
Prior to the City Manager taking action on an application for a temporary land use permit, owners of property located within 200 feet of the proposed location of the temporary use shall be given notice of the proposed temporary use, the proposed location of the temporary use, and the proposed date or dates of the temporary use. Such notice (1) shall inform an owner that the owner may submit comments to the City Manager regarding whether the proposed use should be authorized and (2) shall specify a date by which such comments must be received by the City Manager, which shall be at least 10 days after the date on which notice was given. The notice requirement of this Subsection shall not apply if the City Manager refers the application to the City Council for action consistent with Subsection A.
c.
An applicant for a temporary land use permit who is contesting the City Manager's disapproval or conditional approval of the applicant's application, or the interpretation or application of any rule, standard, regulation, determination or requirement related thereto, directly or by delegation of authority, shall have the right to appeal by submitting to the City Manager a written request for a hearing setting forth fully the grounds for the appeal within 14 days of the action that the applicant wishes to contest. If an applicant requests a hearing under this Subsection, the City Manager shall refer the application and request for a hearing to the City Council for action consistent with Subsection A. If an applicant does not submit a written request for a hearing within 14 days of the City Manager's action under this Subsection, the City Manager's action shall be final and conclusive.
3.
Temporary uses authorized under this Subsection shall not be considered as established uses of land.
C.
Miscellaneous.
1.
A review fee as set forth in the adopted Fee Schedule shall accompany each request for approval of a temporary use as described above.
2.
For purposes of this subsection the term "one day" shall have the following meaning: A time period which begins no earlier than 8:00 a.m. and ends no later than 10:00 p.m. on the same day.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-4.06 Building Location and Arrangement Standards.
A.
Location and Arrangement of Residential Buildings on Lots for Single-Family or Duplex Uses.
B.
Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses.
1.
Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts.
a.
All main buildings shall face upon a public street or approved access easement other than an alley.
2.
No parking area, storage area, or required open space for one building shall be computed as being the open space yard or area requirements for any other building or other use.
3.
On lots zoned and used for multi-family use, the minimum separation distance between any two buildings shall be 30 feet.
C.
Drive-Through Facility Standards.
Drive-throughs are not permitted in the O-1, Office District or O-2, Office District.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-4.07 Health and Safety Standards.
A.
Uses with Flammable, Toxic, and Hazardous Materials.
1.
The storage, manufacture, utilization, or dispensing of substances that may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code.
2.
The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, 50 percent of the limit of such as is given in "Threshold Limit Values" as adopted at the most recent International Fire Code and International Building Code.
3.
No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way.
4.
The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the City Manager as a part of the Building Permit application and shall be based upon the requirements of the International Fire Code and International Building Code.
B.
Pollution Prevention.
1.
No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the Texas Commission on Environmental Quality (TCEQ) or its successor, the Texas Department of Health or its successor, and the Texas Railroad Commission or its successor.
2.
No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of Texas Commission on Environmental Quality (TCEQ) or its successor.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-4.08 Nonconformities.
A.
Intent of Provisions.
1.
Existence of Nonconformities.
a.
A nonconformity describes a use, structure, or lot that does not conform to the current standards of the Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.
b.
The City Council has determined that it is in the best interest of the City for Nonconformities to be brought into conformance with the Zoning Ordinance at the earliest reasonable time. The purpose of this Section 11-1-4.08 Nonconformities is to establish provisions for the allowance and potential alteration of uses, structures and lots that do not conform to currently applicable zoning standards or regulations.
c.
Nonconformities occur in three general categories, or combination thereof.
i.
Nonconforming Uses.
A nonconforming use can occur when an existing use is no longer allowed in a zoning district.
ii.
Nonconforming Structures. A nonconforming structure can have a lesser setback, yard, or height lot area or dimension requirement than required by the Zoning Ordinance.
iii.
Nonconforming Lots. A nonconforming lot can be nonconforming as to lot area or dimension requirements.
d.
It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.
2.
Incompatible Uses.
Nonconformities are hereby declared incompatible with the permitted uses in the districts involved.
B.
Establishment of Legal or Illegal Nonconformities.
1.
Legal Nonconformities.
a.
Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the effective date of this Zoning Ordinance, at which time they were in conformance with applicable standards shall be considered "Legal Nonconformities."
2.
Illegal Nonconformities.
a.
Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall be considered "Illegal Nonconformities."
b.
Such uses, structures, or lots and shall be subject to the penalties established in 11-1-1.06 Zoning Violations.
C.
Single-Family Residential Uses.
Previously conforming single-family residential uses on platted lots approved prior to the Zoning Ordinance effective date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Zoning Ordinance.
D.
Existing Platted Lots are Conforming Lots.
Any existing vacant lot platted prior to the Zoning Ordinance effective date that was legally conforming shall be deemed a conforming lot.
E.
Changing Uses.
1.
Nonconforming Use to Conforming Use.
Any nonconforming use may be changed to a conforming use, and once a change is made, the use shall not be changed back to a nonconforming use.
2.
Nonconforming Use to another Nonconforming Use.
A nonconforming use shall not be changed to another nonconforming use.
3.
Conforming Use in a Nonconforming Structure.
Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use by the process outlined in 11-1-4.08.F Expansion of Nonconforming Uses and Structures.
F.
Expansion of Nonconforming Uses and Structures.
An expansion of a Nonconforming Use or Nonconforming Structure is allowed in accordance with the following.
1.
Prohibited Expansion or Reoccupation.
A Nonconforming Use or Nonconforming Structure shall not be expanded, reoccupied with another Nonconforming Use, or increased as of the effective date of this Zoning Ordinance, except as provided in 11-1-4.08.F Expansion of Nonconforming Uses and Structures.
2.
Nonconforming Use Expansion in Existing Building.
A Nonconforming Use may be enlarged, increased, or extended within an existing building provided:
a.
No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition.
b.
Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement value of the building.
c.
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.
3.
Nonconforming Use Prohibited from Expansion beyond Existing Building.
A Nonconforming Use located within any building shall not be extended to occupy any land outside the building.
4.
Residential Lot Exemption.
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than required by the Zoning Ordinance that was an official Lot of Record prior to the effective date may be used for a single-family dwelling.
5.
Expansion of Nonconforming Structures with Conforming Uses.
Buildings or structures that do not conform to the area regulations or development standards in the Zoning Ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than 10 percent from the date when the building became nonconforming.
G.
Restoration of Nonconforming Structures.
1.
Total or Partial Destruction.
If a Nonconforming Structure is destroyed by fire, the elements, or other natural catastrophic event, it may be rebuilt, but the existing square footage or function of the Nonconforming Structure cannot be expanded. The construction must comply with all current building codes, and zoning regulations in effect at the time the structure received its building permit. The construction must commence within 12 months of the date of destruction. The failure of the owner to start such reconstruction within 12 months shall forfeit the owner's right to restore or reconstruct the structure except in conformance with the Zoning Ordinance. If the regulations cannot be determined or if the regulations are disputed for the time the structure received its building permit, then the Board of Adjustment shall hold a hearing and shall take evidence, such as previously adopted ordinances, photographs, and tax records, to determine the standards that apply.
2.
If the owner of a Nonconforming Structure has a Nonconforming Use and fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, then the Nonconforming Structure and Nonconforming Use shall be deemed to be discontinued or abandoned.
H.
Movement of Nonconforming Structure. A Nonconforming Structure may be relocated within the same platted lot, and shall comply with all setback and screening requirements.
I.
Completion of Structures. Nothing in the Zoning Ordinance shall require any change in the plans, construction, or designated use of the following:
1.
Approved Building Permit.
A building or structure for which a Building Permit has been issued or a Site Plan approved prior to the effective date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this Zoning Ordinance.
2.
Building in the Approval Process.
A building or structure for which a complete Application for a Building Permit was accepted by the Planning Division Manager on or before the effective date, provided however, that such Building Permit shall comply with all applicable ordinances in effect on the date such application was filed.
J.
Abandonment of Nonconforming Uses.
1.
Once a Nonconforming Use has been abandoned, the Nonconforming Use shall not be allowed to be reintroduced within the applicable zoning district. This prohibition of the reoccupation or reintroduction of an abandoned Nonconforming Use shall be enforced by the denial of building permit or certificate of occupancy applications.
2.
A Nonconforming Use shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Planning Division Manager indicates that a structure designed or arranged for a Nonconforming Use has ceased to be used in a bona fide manner as a Nonconforming Use for a period of six consecutive calendar months. For purposes of calculating the six-month period, a use is abandoned upon the occurrence of the first of any of the following events:
a.
On the date when the use of land is physically vacated;
b.
On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;
c.
On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or
d.
On the date a final reading of water or power meters is made by the applicable utility provider(s).
3.
A Nonconforming Use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Zoning Ordinance.
4.
Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.
5.
Abandonment of a Nonconforming Use requires intent.
6.
Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.
7.
Unless the nonconforming use status is reinstated pursuant to 11-1-4.08.K Loss of and Reinstatement of Nonconforming Use Status, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.
K.
Loss of and Reinstatement of Nonconforming Use Status.
1.
Loss of Nonconforming Use Status.
If the Planning Division Manager determines that a Nonconforming Use has met the definition of abandonment and has lost its nonconforming use status, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.
2.
Application for Nonconforming Use Status Reinstatement.
a.
The owner or operator of the abandoned Nonconforming Use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated.
b.
Written application for reinstatement of nonconforming rights must be made within 30 days after the denial of building permit or certificate of occupancy application for the Nonconforming Use.
3.
Board of Adjustment Hearing.
a.
The Board of Adjustment shall hold a hearing on the requested reinstatement of a Nonconforming Use status within 30 calendar days of the request or the next scheduled Board of Adjustment, whichever is greater.
b.
The applicant and the Planning Division Manager shall submit any evidence or findings to the Board of Adjustment for consideration in the case.
c.
The Board of Adjustment shall use the above abandonment criteria in deliberating the case.
4.
Board of Adjustment Decision.
The Board of Adjustment may reinstate the Nonconforming Use status and thus allow the building permit or certificate of occupancy application to be processed only if the Board of Adjustment finds that the use was not discontinued for six months or more. The failure of the owner or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use.
L.
Nonconforming Use Created by Acquisition of Right-of-Way.
1.
Lawful Conforming Structure.
Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of Right-of-Way by eminent domain proceedings, dedication, or purchase by the City, the county, the state, or a federal agency creates a Nonconforming Structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the Right-of-Way. In the event the structure is partially or totally destroyed by natural causes, the structure may be rebuilt.
2.
Cases in which the Owner Receives Compensation for Fencing or Landscaping.
In the event the owner of an interest in real property receives compensation for fencing or landscaping in the form of curative measures or damages to the remainder in a Right-of-Way acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback.
3.
Cases in which the Owner Receives Compensation for Demolition.
A Certificate of Occupancy and Compliance shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, "curative measures" are those actions, corrections, repairs or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-4.09 Accessory Buildings and Uses.
A.
Residential Accessory Buildings and Uses.
1.
The following regulations apply to Accessory Buildings servicing lots zoned for residential uses.
Table 5: Residential Accessory Building Requirements | ||||
|---|---|---|---|---|
Standard | Lots up to 7,500 SF | Lots 7,500 SF up to 21,999 SF | Lots 22,000 SF up to 5-acres | Lots 5-acres or greater |
Maximum Square Footage of All Accessory Buildings (Combined Area) | 10% of the property | 10% of the property | 10% of the property | 15% of the property |
Maximum Height of Accessory Buildings | 15' | 15' | Equal to or less than main building | 40'** |
Maximum Number of Accessory Buildings | 2 | 2 | 3 | 4** |
Maximum Allowed Building Area Coverage | Main and accessory buildings shall not exceed the allowable coverage percentage of the zoning district in which they are located. | |||
Minimum Front Setback | 25'* | 25'* | 25'* | 25'*** |
Minimum Side and Rear Setback | 5' | 5' | 5' | 5' |
Minimum Setbacks for Corner Lots | 10'* | 15'* | 15'* | 15'*** |
Prohibited Locations | Accessory buildings in Easements are prohibited | |||
Barns and other Types of Livestock Housing | Accessory Buildings containing livestock (e.g. chickens, hogs, horses, etc.) shall be located at least 200 feet from any existing dwelling or water well. | |||
* No Accessory Building shall be placed so as to protrude in front of the main building. ** On lots 5-acres or greater, a single accessory structure, may be placed on the property for the sole purpose of storing equipment, materials, or agricultural products necessary to the maintenance of the property. This building may have a maximum height of 40'. *** No Accessory Building shall be placed so as to protrude in front of the main building, on lots 5-acres or greater, if no main building exists on the property, the accessory structure must be placed in the rear 50 percent of the property. | ||||
2.
Accessory Buildings and uses incidental to other permitted uses are permitted within residential zoning districts and include private garages, carports, tool house, lath or greenhouse as hobby (no business), home workshop, children's playhouse, private stables (no rental), barns, or coops (no rental), private swimming pool and garden shelter.
B.
Accessory Buildings and Use Limitations.
1.
See table for maximum number of Accessory Buildings.
2.
An Accessory Building necessary to store equipment for several dwelling units or provide a service function for several dwelling units shall not be occupied as a place of abode within the following zoning districts.
3.
Any Accessory Building that is not a part of the principal building shall be separated from the principal building by a minimum of 10 feet.
4.
The exterior façade of all Accessory Buildings shall be constructed to meet the requirements of Section 11-1-6.04 Building Façade Material Standards.
5.
In the nonresidential districts, an Accessory Building shall not exceed the height of the principal building and shall not exceed 50 percent of the floor area of the principal building, and shall be used for purposes accessory and incidental to the main use.
C.
Accessory Dwelling Units and Use Limitations.
1.
The following regulations apply to Accessory Dwelling Units or as a use attached to the principal residence.
a.
Accessory Dwelling Units shall not be leased or rented.
b.
The living area of an Accessory Dwelling Unit shall not exceed 1,000 square feet or 30 percent of the area of the principal residence, whichever is less.
c.
Only one Accessory Dwelling Unit shall be allowed on any individual tract of land.
d.
A mobile home, travel trailer, or recreational vehicle shall not be used as a detached Accessory Dwelling Unit.
e.
The total number of people, who live on the property, including the principal residence and the Accessory Dwelling Unit, shall not exceed that of a "Family" as defined in the Zoning Ordinance.
D.
Architectural Elements for Residential Accessory Buildings.
1.
A detached Accessory Building having an area equal to or greater than 400 square feet shall meet the building material requirements of Section 11-1-6.04 Building Façade Material Standards. An Accessory Building located on lots greater than 5 acres shall not be subject to these requirements.
2.
The color and material of the roof of the Accessory Building having an area equal to or greater than 400 square feet must closely resemble the color and materials of the roof of the main structure unless the Accessory Building is prefabricated or prefinished.
3.
Utility, mechanical, and HVAC facilities shall be screened from public view.
4.
Accessory Dwelling Units are required to meet the development, zoning, and building requirements including building, electrical, fire, mechanical, and plumbing requirements.
5.
The principal residence and the Accessory Dwelling Units cannot exceed the maximum lot coverage or encroach in the setbacks for the property as regulated in the applicable zoning district.
6.
Accessory Dwelling Units shall be consistent with the provisions of the applicable zoning district and the goals and policies of the Comprehensive Plan.
7.
Accessory Dwelling Units must be designed to preserve or compliment the architectural design, style, and appearance of the principal residence.
8.
Building setbacks for Accessory Dwelling Units shall comply with all required building setbacks for the applicable zoning district.
9.
No Accessory Dwelling Unit may be sold or leased separately from the principal residence.
10.
Required Accessory Dwelling Unit materials are to be submitted with residential construction:
a.
A site plan, drawn to scale, showing the principal dwelling, accessory structures and the proposed Accessory Dwelling Unit.
b.
A floor plan, drawn to scale, of the principal dwelling and the proposed Accessory Dwelling Unit.
c.
Elevations of the principal dwelling and proposed Accessory Dwelling Unit showing the existing and proposed architectural design and exterior building color, material, and finish.
E.
Small Wind Energy Systems.
1.
Accessory Use.
Small Wind Energy Systems are allowed as an accessory use in all Residential Zoning Districts.
2.
Building Permit Required.
No Small Wind Energy Systems shall be installed without first obtaining a Building Permit issued by the Building Official.
3.
General Standards.
a.
Small Wind Energy Systems (equipment or tower) shall not be located in a required setback.
b.
The minimum distance between the ground and any part of a rotor blade must be at least 20 feet.
c.
Small Wind Energy Systems may not be illuminated, nor may they bear any signs or advertising.
d.
Small Wind Energy Systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the support structure, rotor blades, and turbine components.
e.
Installation shall meet the requirements of the Electrical Code.
f.
Maximum voltage turbine output to a single-family or two-family dwelling is 600 volts per electrical code.
g.
Noise produced by Small Wind Energy Systems may not exceed 55 dBA measured at the property line.
h.
Small Wind Energy Systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including, but not limited to, police, fire, and ambulance) radio transmissions, or with any microwave communications link. The owner shall conduct a study at the owner's cost to determine whether there is any such interference. If any such interference occurs, the owner shall immediately eliminate the interference at the owner's cost, or the owner shall immediately shut down the system or parts of the system causing the interference.
i.
A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.
j.
The diameter of the area swept by the rotors may not exceed 12 feet.
k.
Guy wires or other accessories cannot cross or encroach on any Right-of-Way or over above ground electrical utility lines.
4.
Freestanding Systems—Additional Standards.
Small Wind Energy Systems may be mounted on a tower detached from other structures on the lot.
a.
Setback.
The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point. In addition to the system's structures, guy wires associated with towers shall meet applicable setbacks for the zoning district.
b.
Height.
Freestanding systems measured from the top blade may not exceed 47 feet in height.
c.
Security.
Support structures for freestanding systems must be unclimbable from the ground to a height of at least 15 feet.
d.
Number.
A maximum of one freestanding small wind generator system may be allowed on a building site.
5.
Roof-Mounted Systems—Additional Standards.
Small Wind Energy Systems may be mounted on the roof of a structure as an appurtenance.
a.
Height.
Roof-mounted systems measured from the top blade may not be more than five feet over the maximum allowed height for the structure.
b.
Number.
A maximum of one roof-mounted small wind generator system may be allowed on a building site.
c.
Engineering Report.
Before any roof-mounted system is mounted the property owner must submit a report prepared by a licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the Building Official prior to the mounting of the system.
F.
Single-Family or Duplex Residential Flags and Flagpoles.
1.
Scope.
The regulations set out in this section apply to flags and detached flagpoles for single-family and duplex homes in all residential zoning districts.
2.
Setbacks.
The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the top of the pole.
4.
Number.
a.
No more than one flagpole shall be allowed per building site or lot.
b.
No more than two flags may be mounted vertically and displayed on the flagpole located on a building site or lot. Furcated poles with multiple mounting structures shall not be allowed.
c.
Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings and flags that are displayed flush to the face of the building are not limited in number.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)