PURPOSE

The purpose of the “R1” Single-Family residential district is to provide for compatible land, building, and structure uses primarily oriented to low density residential purposes and open space uses. It is the intent to use the “R1” district recognizes [sic] the existence of small lot conventional single-family development which presently exists in the City.

PERMITTED USES

Uses permitted in the “R1” district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS

The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R1” district, shall conform to the provisions provided in the Area Requirements for the “R1” Zoning District table.

OFF-STREET PARKING AND LOADING REQUIREMENTS

Off-street parking and loading requirements pertaining to uses allowed in the “R1” district shall conform to the provisions of Section 30 Off-street Parking and Loading Requirements.

ACCESSORY BUILDING AND STRUCTURE REGULATIONS

Area regulations for accessory buildings or accessory structures shall be in compliance with Section 30 [27] Accessory Buildings.

PURPOSE

The purpose of the “R2” Multifamily Residential district is to provide for compatible land, building, and structure uses primarily oriented to high density multifamily residential purposes, open space uses, and associated uses. The “R2” district is intended to serve as a transitional element between lower density and more intense nonresidential land uses, and is most appropriately located near the intersections of major thoroughfares. Apartment buildings and condominiums comprise the principal elements of the “R2” district.

PERMITTED USES

Uses permitted in the “R2” Multifamily district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT REQUIREMENTS

The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R2” district, shall conform to the provisions provided in the Area Requirements for the “R2” Zoning District table.

OFF-STREET PARKING AND LOADING REQUIREMENTS

Off-street parking and loading requirements pertaining to uses allowed the “R2” district shall conform to the provisions of Section 30 Off-street Parking and Loading Requirements. In addition, the following shall apply:

ARCHITECTURAL FEATURES

Varied roof lines and/or heights shall be used to reduce the appearance of the mass of buildings which exceed two stories in height.

PRIVACY

Privacy features between buildings shall include the following:

EXTERIOR FIRE RESISTANT CONSTRUCTION

As of the effective date of this ordinance, exterior fire resistant construction shall be required on all residential building structures hereafter constructed, erected, reconstructed, enlarged or moved onto any lot or parcel within the City. Exterior fire resistant construction shall mean and consist of a minimum of 50 percent of the total ground floor exterior wall surface (exclusive of opening for light, ventilation and access) of residential building structures to be of brick, stone or combination thereof, or of an equivalent masonry material as approved by the zoning board of adjustments; and further provided no single ground floor wall face of any residential building structure shall contain less than 50 percent of its exposed surface of exterior fire resistant construction material.

ACCESSORY BUILDING AND STRUCTURE REGULATIONS

Area regulations for accessory buildings or accessory structures shall be in compliance with Section 28 [27] Accessory Buildings.

REQUIRED OPEN SPACE

ENTRY FEATURE

A main entrance feature, which may consist of a combination of landscaping, aesthetic features such as rocks, sculptures, and water, and street pavers, shall be provided. The entrance feature shall be consistent with the basic architectural theme of the development.

TRASH RECEPTACLES

There shall be one centralized trash collection point serving each multifamily development with 6 or more units. 6 or more units must have a minimum 4-yard dumpster.

TRAFFIC

[Reserved.]

MISCELLANEOUS MULTIFAMILY RESIDENCE PROVISIONS

PURPOSE

The purpose of the “R3” HUD-Code Manufactured Housing residential district is to provide adequate space and restrictions for the placement of HUD-Code manufactured homes in the City within designated subdivisions. This does not include mobile homes as defined in this ordinance. The “R3” district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “R3” district. It is the intent of the “R3” district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.

GENERALLY

Land within the “R3” district will be developed as a HUD-Code manufactured home subdivision. Lots within the “R3” district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the City Council. All roadways within a HUD-Code manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the City. Land zoned “R3” which is not developed as a HUD-Code manufactured home subdivision may be developed in accordance with “R3” zoning district regulations. In the “R3” district, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in this ordinance.

PERMITTED USES

Uses permitted within the “R3” Manufactured Housing district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS

The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “R3” district, shall conform with the provisions provided in the Area Requirements for the “R3” Zoning District table.

DEVELOPMENT AND INSTALLATION REGULATIONS

Any property developed within the “R3” district as a HUD-Code Manufactured Home or as a manufactured housing subdivision shall meet the following requirements:

SITE-BUILT ADDITIONS

The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in order to increase the compatibility with conventional single-family housing in the City.

ACCESSORY BUILDING AND STRUCTURE REGULATIONS

Area regulations for accessory buildings or accessory structures shall be in compliance with Section 30 [27] Accessory Buildings.

PARKING REQUIREMENTS

Parking requirements for the HUD-Code Manufactured Housing District shall be in compliance with Section 30 Off-street Parking and Loading Regulations.

INTERIOR DRIVES

The use of private interior drives must be approved by the City.

UNDERGROUND UTILITIES

All utility lateral and service lines located within the “R3” District shall be installed underground.

OPEN SPACE AREA

Open space designated for the use and enjoyment of all residents shall be provided within a HUD-Code Manufactured Home subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.

SCREENING

A solid opaque screening wall or fence of not less than six (6) feet in height, measured at the highest finished grade, shall be provided along all perimeter property lines of a HUD-Code Manufactured Home subdivision which do not abut a dedicated street. Said screening wall or fence shall be masonry and of a decorative construction. This requirement can be waived or modified if natural or man-made physical features create an adequate separation or buffer from adjacent uses, as determined by the City. However, any request to waive this requirement shall be presented as an element of the site plan and shall be subject to approval at that time only.

PRESERVATION OF SITE ASSETS

When developing a HUD-Code Manufactured Home Subdivision, the following steps shall be taken to preserve on-site assets:

DRAINAGE

Engineering plans for drainage shall be submitted for review by the City at the time of site plan approval. All applicable requirements of the City shall be met.

HUD-CODE MANUFACTURED HOME SALES

HUD-Code Manufactured Home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.

PURPOSE

The purpose of the “GC” General Commercial district is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The “GC” General Commercial district is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high density residential districts and higher intensity commercial and industrial districts.

PERMITTED USES

Uses permitted in the “GC” Commercial district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS

The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “GC” district, shall conform with the provisions provided in the “GC” Zoning District Area Requirements table.

OFF-STREET PARKING AND LOADING REQUIREMENTS

Off-street parking and loading requirements pertaining to uses allowed in the “GC” district shall conform with the provisions of Section 30 Off-street Parking and Loading Requirements.

HEIGHT REQUIREMENTS

No building shall exceed 35 feet in height except as provided in Section 26 [25] General Height Requirements.

CONVERSION OF RESIDENTIAL STRUCTURES

All residential structures located within the “GC” District may be used as commercial or residential uses in accordance with the following conditions:

CONCURRENT USE OF COMMERCIAL AND RESIDENTIAL STRUCTURES

All commercial structures may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:

EXISTING RESIDENTIAL USES

All legal and valid residential uses existing on the effective date of this ordinance within the “GC” District shall have legal conforming status. The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. All expansions, rebuilds or remodels shall comply with the provisions of this ordinance.

PURPOSE

The purpose of the “HC” Highway Commercial district is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The “HC” Highway Commercial district is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high density residential districts and higher intensity commercial and industrial districts.

PERMITTED USES

Uses permitted in the “HC” Highway Commercial district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS

The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “HC” district, shall conform with the provisions provided in the “HC” Zoning District Area Requirements table.

OFF-STREET PARKING AND LOADING REQUIREMENTS

Off-street parking and loading requirements pertaining to uses allowed in the “HC” district shall conform to the provisions of Section 30 Off-street Parking and Loading Requirements.

HEIGHT REQUIREMENTS

No building shall exceed 35 feet in height except as provided in Section 26 [25] General Height Requirements.

CONCURRENT USE OF COMMERCIAL AND RESIDENTIAL STRUCTURES

All commercial structures may contain a residential use concurrent with the commercial use, in accordance with the following restrictions:

EXISTING RESIDENTIAL USES

All legal and valid residential uses existing on the effective date of this ordinance within the “GC” District shall have legal conforming status, The owners of the property where such uses are located shall be permitted, if necessary or desired, to rebuild, expand, or remodel. All expansions, rebuilds or remodels shall comply with the provisions of this ordinance.

PURPOSE

The purpose of the “CBD” Central Business district is to provide for land, building, and structure uses primarily oriented to a variety of indoor and outdoor general business activities of a mixed and diversified nature which supply the needs of the community and to some degree that of the immediate regional area, including regional and community shopping centers. The general character of the “CBD” Central Business district comprises a broad range of retail and service uses, entertainment uses, community facilities, and general office uses. The “CBD” Central Business district is most appropriately located at major thoroughfare and highway intersections, and as a transitional district between industrial districts and more restrictive commercial districts and high density residential districts.

PERMITTED USES

Uses permitted in the “CBD” Central Business district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS

The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “CBD” district, shall conform to the provisions provided in the Area Requirements for the “CBD” Zoning District table.

OFF-STREET PARKING AND LOADING REQUIREMENTS

There shall be no off-street parking and loading requirements pertaining to uses allowed in the “CBD” district.

PURPOSE

The purpose of the “I” Industrial district is to provide for land, building, and structure uses encompassing a variety of mixed wholesale and warehousing activities, light manufacturing, processing, and assembly plants, general offices, and research and development laboratories. The “I” Industrial district is characterized by activities and facilities which are generally incompatible with residential areas by virtue of materials storage yards, truck traffic generation, noises, odors, flammable materials, etc., and rely on direct access to major thoroughfares and highways, and in many cases railroad facilities for the movement of raw supplies and finished products.

PERMITTED USES

Uses permitted in the “I” Industrial district shall be in accordance with Section 11 [12] Permitted Use Table.

DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS

The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “I” district shall conform with the provisions provided in the Area Requirements for the “I” Zoning District table.

OFF-STREET PARKING AND LOADING REQUIREMENTS

PURPOSE

The purpose of the “PD” Planned Development District is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the City which promote the health, safety, morals, and general welfare of the community. A Planned Development may include a combination of different dwelling types and/or a variety of residential and nonresidential land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.

PLANNED DEVELOPMENT USES

In a Planned Development District, no building or land shall be used, and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in an approved Planned Development.

CONDITIONS FOR PLANNED DEVELOPMENTS

Planned Developments shall be considered appropriate where the following conditions prevail:

DENSITY, AREA, AND HEIGHT REGULATIONS

In approving a Planned Development or a use designation in a Planned Development, the City Council shall specify density, area, height, screening, parking, landscaping, and other development criteria as may be required in Section 22.9, Development Plan Requirements. Such standards shall be indicated on the Development Plan and shall be made a part of the ordinance. No property located in a Planned Development shall be modified as to density, area, height, screening, parking, landscaping or other development criteria unless a Development Plan containing such revised development criteria is approved.

OWNERSHIP

An application for approval of a use designation, Development Plan or Site Plan in the Planned Development may be filed by a person having a legal interest in the property. The application shall be filed in the name(s) of the record owner(s) of the site, which shall be included in the application. The applicant shall provide evidence, in a form satisfactory to the City attorney, prior to final approval, that the applicant has the authority to file the application on behalf of all owners of the site.

DEVELOPMENT SCHEDULE

An application for a use designation for new construction or construction that increases the floor area of the principal structure(s) shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council shall become part of the Planned Development Ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest.

REPORT

The City shall require the owner/developer of the Planned Development to submit a written report on a regular basis to the City Council. Said written report shall describe the progress achieved towards the development schedule. In the event that the owner/developer neglects to provide a written report, as established and agreed to in the Planned Development ordinance, or if the owner/developer neglects to initiate any progress, the City may initiate proceedings to rezone the property to a zoning district deemed appropriate. However, no rezoning effort shall be initiated by the City prior to making an official inquiry of the owner/developer regarding the status of the Planned Development.

PLATTING REQUIREMENTS

No application for a building permit for the construction of a building or structure shall be approved unless the property on which the proposed improvements are planned has been platted. The plat must meet all the requirements of the City of Moody, and must have been approved by the City Council and recorded in the official records of Wood [McLennan] County.

DEVELOPMENT PLAN REQUIREMENT

An application for a Planned Development, or approval of a use designation in a Planned Development which will require new construction which increases the floor area of the principal structure(s) or a change in the development criteria applicable to the site shall include and be accompanied by a Development Plan, which shall become a part of the amending ordinance. The Development Plan shall include the following information:

SITE PLAN REQUIREMENT

Prior to issuance of a building permit, for new construction or construction which increases the floor area of the principal structure(s) or construction that changes the development criteria for the site, a Site Plan in accordance with Section 24 [23] Site Plan Requirements will be required. The Site Plan shall be presented for approval to the City Council. The Site Plan may be submitted concurrently with the Development Plan. If the Development Plan and the Site Plan are submitted separately, a separate public hearing and action shall be required for both submittals.

COMBINED AND ABBREVIATED DEVELOPMENT AND SITE PLAN SUBMITTAL

If application is made for a new use designation in a Planned Use Development on a site which contains existing improvements which are not proposed to be enlarged, the following combined and abbreviated Development and Site Plan shall be permitted in place of a Development Plan. A combined and abbreviated Development and Site Plan shall contain the following:

ADMINISTRATIVE APPROVAL OF DEVELOPMENT PLAN AND SITE PLAN

A Development and Site Plan may be approved by the administrative official without the approval of the City Council if said application is located within an existing structure and does not increase the floor area of the existing structure and does not change the existing use on the site. The administrative official may, for any reason, elect to present the Development Plan or Site Plan to the City Council for approval.