1.

Purpose. The purpose of this District is to provide and preserve land for agricultural and forestry uses and other compatible uses. The district regulations are designed to maintain the essentially natural, open and rural character of these areas by requiring certain minimum yard and area standards.

2.

Uses Permitted.

a)

Uses Permitted by Right: general farming, including horticulture and livestock, other similar agricultural uses; detached single-family dwellings; parks and playgrounds; cemeteries; and accessory structures incidental to the preceding uses

b)

Uses requiring Site Plan Approval. The following uses may be permitted upon review and approval of a site plan by the Planning Commission in accordance with § 11.05 and subject to any use-specific regulations: public facilities; public utility facilities; telecommunications towers

c)

Special Exception Uses. The following uses may be permitted upon approval by the Board of Adjustment in accordance with § 12.06 and subject to any use-specific regulations: bed and breakfast; boarding house

d)

Conditional Uses. The following uses may be permitted upon approval by the Planning Commission in accordance with § 11.06: campgrounds; farm support business; livestock sales

e)

In no case are the following uses be permitted: concentrated animal feeding operations (as defined the EPA); animal slaughtering; commercial food or fish processing operations.

3.

Development Criteria.

a)

For area and dimensional requirements, see Table 6-1 Area and Dimensional Regulations, AG-1 District.

b)

Any structure used for the housing of livestock may not be located closer than 100 ft to the nearest property line and not closer than 200 ft to the nearest dwelling (other than that of the owner).

c)

Livestock may not exceed one animal equivalent units per acre (Number of Acres/AEU Number X1 = Animals permitted

d)

A booth or stall from which farm produce grown on the same premises and sold to the general public is permitted subject to the following:

1)

Sales areas must be set back from all lot lines so as to meet the district yard requirements.

2)

Sales areas may not occupy any part of a required off-street parking or loading area.

4.

Parking, Loading and Unloading Regulations. See Article 8 Parking.

5.

Sign Regulations. See Article 9 Signs.

6.

Landscaping, Screening and Buffers. See Article 10 Landscaping.

(Ord. No. 2019-35, § 1, 11-12-2019)

1.

Purpose. The purpose of this zone is to protect public health, safety, and general welfare; to protect persons, private and public property from the hazards of flood water inundation, and to protect the community from costs which are incurred when urban development occurs in flood plains. The area subjected to flood hazard will be conserved for open land uses, agricultural uses, recreational areas, and other uses which do not require extensive buildings within the flood plain.

2.

Uses Permitted. All uses not specifically permitted below are prohibited.

a)

Uses Permitted by Right: Agricultural uses and crop production; wildlife refuges; including game preserves, sanctuaries; and forest reserves; watershed conservation areas and reservoirs; parks; open storage usages, and parking areas; cemeteries.

b)

Uses Requiring Site Plan Approval. The following uses may be permitted upon review and approval of a site plan by the Planning Commission in accordance with §11.05: outdoor recreation, including but not limited to miniature golf, amusement parks, and drive-in theaters; aircraft landing strips.

c)

Conditional Uses. The following uses may be permitted upon approval by the Planning Commission in accordance with §11.06: quarries such as sand, gravel, stone, topsoil and borrow pit; earth and sanitary landfills; dumps.

3.

Special Construction Requirements.

a)

Not more than 30% of the site may contain impervious surfaces.

b)

No permanent building or structure, except for those customary to agricultural uses, may be constructed in the FC District, unless permitted under the following terms:

When specifically approved by the Commission as an exception to these regulations under the conditions herein listed; and after a public hearing before the Council, the following may be permitted:

1)

Permanent structures associated with the uses permitted, provided that the first floor level is at or above an elevation of the flood of record plus one ft, and that such construction may not impede the flow of flood waters nor increase the hazard of flooding either upstream or downstream.

2)

Earth fill or other materials may not be used to raise the elevation of the land, unless the fill proposed does not restrict the flow of water and unduly increase flood height and hazard, as determined by the Council upon recommendation by the Commission based upon an engineering report prepared by an engineer at the expense of the land owner.

3)

Development of natural resources and extraction of raw materials such as rock, gravel, and sand; subject to the following:

(i)

No excavation may approach nearer than 300 ft to any residential district; 100 ft to any arterial or collector street; or nearer than 60 ft to any other street.

(ii)

Side slope of the excavation must be no steeper than 2:1 (horizontal: vertical) and a vegetative cover of such slopes must consist of a short, perennial, drought-resistant grass which will permit the establishment of a good sod cover.

(iii)

Filing with the city clerk of a restrictive covenant providing that no foreign matter such as rubbish, car bodies, refuse, etc., may be deposited within the excavation area. Such covenant must be approved as to form by the city attorney, binding upon the applicants, their heirs, successors, or assigns.

(iv)

A performance bond is required in such an amount and for such length of time as may be determined by the Council to be necessary to guarantee excavation in accordance with the provisions set forth above, and provided further that the Council may at its discretion and in such manner as is consistent with the public health, safety, and welfare, modify or waive any of the conditions if it can be clearly demonstrated that such conditions are not required to protect public health, safety, convenience, and general welfare.

(Ord. No. 2018-02, § 1, 2-13-2018)

1.

Intent. Planned Development is a regulatory method that allows flexibility in the development of large tracts of land and/or of multiple uses or tenants on one tract in accordance with an approved Master Development Plan. The intent is to enable more innovative development and redevelopment options, the purpose of which is:

a)

To permit flexibility in zoning standards to allow more creative and harmonious designs to accommodate planned associations of uses such as industrial or commercial uses, residential developments, or any appropriate combination of uses which may be planned, developed or operated as integral land use units;

b)

To permit higher densities of land in conjunction with provisions for functional open space, amenities and community services;

c)

To promote economy in the arrangement of uses, buildings, circulation systems and utilities;

d)

To coordinate uses, building forms, building relationships and architectural styles;

e)

To promote the preservation and enhancement of existing natural landscape features, their scenic qualities and amenities to the greatest extent possible and to utilize such features in a harmonious fashion.

2.

Definitions. For the purpose of the PD District, the following definitions apply whenever they are used in relation to a PD. If any terms defined herein contradict or conflict with any terms defined in any other section of this Ordinance, the definitions in this §6.03 apply as related to a PD District:

a)

Common Open Space: Open space within a development held in common ownership and maintained by the developer or by a property owners' association of all residents for recreation, protection of natural land features, amenities or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this Ordinance to ensure that it remains in such use.

b)

Development: The construction, reconstruction, remodeling, conversion, structural alteration, relocation, enlargement or demolition of any structure, portion of a structure, or sign; any change in use of a property, building, structure or material change in the appearance of any structure; any increase in the number of dwelling units, businesses, manufacturing establishments, or offices; any mining, excavation, filling, grading, paving or land disturbance; and any act of subdivision of land.

c)

Gross Site Area: The total land area to be classified as the Planned Development.

3.

Minimum Requirements for Establishing a PD District. The tract must be a minimum of five contiguous acres, have a minimum street frontage of 200 ft, and not encompass any land which is not part of the PD. A smaller site may be considered provided evidence that:

a)

the project is consistent with the developmental goals of the Comprehensive Plan for the particular location;

b)

the minimum acreage requirement is impractical due to ownership, layout, pre-existing development and other constraints;

c)

the design concept fully integrates the development into the surrounding neighborhood or business area;

d)

the arrangement of uses, buildings, streets, parking, open spaces and amenities, all in accord with the Comprehensive Plan, could not be reproduced on the site subject to the regulations of other available zoning districts.

All properties in an approved Planned Development are bound by the standards in an approved Master Development Plan, even if subsequently sold, unless and until the Master Development Plan is voided by the City on request of the owner. However, to maintain continuity of the Master Development Plan, in no case will any portion of a PD District become nonconforming solely as a result of a portion of the tract being rezoned.

4.

Application Procedure

a)

Pre-application Conference. Before filing an application for a PD District, the prospective applicant must present a concept plan to the Building Official. All information listed below must be submitted to the Building Official at least 10 working days prior to the conference:

1)

Relationship between the proposed development and adjacent, existing development

2)

Proposed land use arrangement for the development

3)

Concept for provision of open spaces

4)

Total net acreage devoted to any: detached single-family, attached single-family, multifamily, commercial, institutional, industrial and open space uses

5)

Number of dwelling units and density for each Land Use District or smaller division of the development to contain residential uses

b)

Application. After the pre-application conference, the applicant may file a rezoning application together with the proposed Master Development Plan. If the property is already zoned PD, the applicant must submit the proposed Master Development Plan for review by the Commission. The Master Development Plan includes a written document, which may include supporting graphic materials, and a site plan or plan set illustrating the intents of the planned development, all subject to the submittal requirements in the Appendix. The applicant must submit 15 copies of the written document, 10 copies of the site plan or plan set, and an electronic version of said materials in a format approved by the Building Official.

c)

Review and Approval.

1)

After holding a public hearing on the application for PD rezoning and/or approval of the Master Development Plan, the Commission will make a recommendation for approval, approval with changes, or denial to the Council; or, with consent of the applicant, postpone its recommendation to allow time for further review or for the applicant to make requested changes.

2)

If the proposal is deemed by the Commission to be unacceptable, the reasons for such determination will be set forth in its recommendation to the Council.

3)

Any changes approved by the Commission are considered binding on all subsequent development, unless otherwise modified or waived in writing by the Council.

4)

Once the Commission has rendered its decision, the Master Development Plan and all related materials, including any changes made thereto, are forwarded to the Council. The Council will approve, approve with changes, or disapprove the PD rezoning following a public hearing on the matter.

5)

No excavation, demolition or construction are permitted until the Master Development Plan has been approved by Council. Upon approval of the Master Development Plan, the applicant may then apply for preliminary approval of any required resurvey or subdivision plat.

d)

Fees. An administrative fee, as set from time to time by the Council, must be paid with the filing of the application as well as any costs incurred for public notice. For each additional public hearing, extension request, or re-application, the applicant is required to pay such fee to defray the costs of processing and public notice. Said reimbursement is remitted immediately upon notice of amount due by the City.

5.

Additional Provisions

a)

Changes to Master Development Plan. To facilitate minor adjustments to the approved Master Development Plan as may be necessary, the Building Official may approve changes that are incidental or minor in scope. The following changes must be referred to the Commission; changes greater in scope require approval by the Commission and Council:

1)

A change in land use district boundaries, provided the effect on the number of dwelling units or amount of open space, commercial or multifamily areas does not exceed the limits in items 2 or 3 below

2)

An increase in the overall number of dwelling units or land devoted to multifamily development greater than five percent but less than 10%

3)

A reduction in the amount of open space or land designated for commercial use by more than five percent but less than 10%

4)

Rearrangement of streets, or reduction in the number of pedestrian or bicycle facilities

5)

Changes to the Development Schedule

Any deviation from the Master Development Plan, which is not approved as provided herein, constitutes a violation of this Ordinance.

b)

Construction must commence within 365 calendar days from the date of approval by the Council. Construction is deemed to have started with the actual construction of a principal building and does not mean site preparation or excavation of the site. Failure to begin construction within this time period, unless an extension is granted by the Commission, voids the Master Development Plan. No building permit may be issued without a valid Master Development Plan.

c)

The ZBA may not grant variances that would have the effect of amending an approved Master Development Plan.

d)

No amendment of this Ordinance affects a Planned Development approved prior to such amendment. The Planned Development may continue in accordance with the Zoning Ordinance in effect at the time of such prior approval. Should the Planned Development approval expire or be voided, any newly submitted Master Development Plan must conform to the regulations in effect at the time of the new submittal.

6.

Property Development Standards. Property development standards must be proposed in the Master Development Plan and must be consistent with the developmental policies of the Oxford Comprehensive Plan. All provisions of the Zoning Ordinance and Subdivision Regulations apply except where specifically addressed in this Section or within the approved Master Development Plan. No use of the property, nor construction, modification or alteration of any use or structure is permitted in conflict with the Master Development Plan.

a)

Development must be compatible with site topography. Scenic assets and natural features, such as trees, streams, and topographic features, must be protected and preserved to the extent possible.

b)

Structures and open space must be arranged in such a way as best to serve the needs of residents and to minimize any adverse effects on neighboring properties.

c)

Harmonious design, incorporating a variety of building types and variations in building styles, is encouraged.

d)

Density, building height, building spacing and setbacks must be as provided in Table 6-3.

e)

The development may not adversely affect property in the vicinity and must be compatible with adjacent properties with regard to density, scale, character and use. Buffers, landscaping, setbacks for buildings along the perimeter of the site, or a combination of these may be required for the protection of adjoining properties.

f)

Adequate water, sewer, streets and other facilities and utilities must be available to the Planned Development or there must be a definite proposal for making them available at the expense of a party other than the City. The Commission may impose such reasonable conditions that it finds necessary to protect and promote the public health, safety, and welfare of the City.

7.

Uses. A Planned Development must comprise one or more PD Land Use Districts. Uses in each Land Use District are subject to Table 6-4. Final approval of uses is contingent on approval of the Master Development Plan. Any Conditional Use not specifically approved as part of the Master Development Plan requires approval by the Commission in accordance with § 11.06 Conditional Uses.

8.

Circulation Standards.

a)

Vehicular access must be from streets capable of supporting existing traffic and the traffic to be generated by the planned development. Access points must be located and designed in accordance with accepted access management practices to separate through and local traffic, maintain capacity, and enhance safety of motorists, pedestrians and bicyclists. Streets, driveways and parking, loading and service areas must be designed to provide safe, convenient access to all uses and facilities.

b)

Pedestrian facilities must be arranged to provide safe and convenient routes to, from and within a Planned Development. Pedestrian facilities need not always be along streets, particularly in low density residential areas and in areas with difficult terrain. Pedestrian crossings at the perimeter of a development must be marked and controlled. Fencing, landscaping or other barriers may be required to prevent crossing at other than designated points.

Recreational facilities, schools and places of worship, must be accessible to residential areas with a minimum of street crossings. Where possible, such uses must be accessible from a common, interconnected pedestrian system.

c)

Bicycle and bridle paths, where provided, must be coordinated with the pedestrian system.

d)

There must be adequate access to all structures for emergency response purposes.

9.

Open Space Standards. Common Open Space must be provided in each PD Land Use District in the amounts shown in Table 6-3. No designated common open space may be subdivided in the future, nor may it be reduced in area or used for any purpose other than those permitted as listed above unless approved through and amendment to the Master Development Plan.

a)

The following are excluded from calculation of common open space:

1)

land within individual lots;

2)

land encumbered by any substantial structure or enclosure or parking facility;

3)

land within eight ft of any building;

4)

land within a roadway, except a median that is at least 50 ft wide at its narrowest point and is designed for use as a recreational space; and

5)

land to be used as or be in any required drainage area or easement, unless such area is designed and maintained as open space.

b)

Maintenance provisions must be included in the Master Development Plan, consistent with §3.11 Common Open Spaces and Facilities, for all common open spaces not left in a natural state. Common open space dedicated to the City or other governmental agency for operation and maintenance may not be for the exclusive use of the residents or patrons of the Planned Development.

c)

The area of Common Open Spaces in each development phase must meet the requirements in Table 6-3 unless otherwise approved as part of the Master Development Plan.

10.

Exterior Materials. An Architectural Review Committee representing the interests of property owners within a Planned Development is recommended. Standards for exterior building materials must be incorporated into the Master Development Plan consistent with the following guidelines and Table 6-5, and will govern the design of buildings. The Commission may require as part of the Master Development Plan that design plans for multifamily and nonresidential buildings be reviewed by the Commission prior to approval of building permits.

a)

Area of window and door openings are not included in calculation of exterior building requirements.

b)

Masonry is as defined in Article 2.

c)

Cement block may only be used on residential building exteriors at the foundation up to a height of three ft. Cement block foundations along front facades must be screened with shrubs or other landscaping. Cement block may only be used on nonresidential building exteriors along rear and side elevations but may not exceed 50% of each such elevation.

d)

Vinyl siding is discouraged for use as an exterior material on dwellings and is prohibited as an exterior material for nonresidential buildings.

e)

Metal siding is discouraged but may be accepted for use as an exterior material for multifamily and nonresidential buildings upon express approval of the Commission.

11.

Signage. A Signage Plan must be submitted as part of the Master Development Plan and must generally conform to Article 9 Sign Regulations and this Subsection 11. The Commission uses the most compatible sign height, size and location requirements in Article 9 as a guide in reviewing proposed Signage Plans. All permitting and building and electrical code requirements apply to signs in a Planned Development.

a)

Off-premise signs are prohibited.

b)

Street signs must be uniform in design throughout a Planned Development. If a standard other than that of the City of Oxford is used, the developer or property owners' association will be responsible for maintenance.

12.

Landscaping. The standards of Article 10 Landscaping apply unless standards are approved with the Master Development Plan to address buffering, screening and landscaping for vehicular areas.

(Ord. No. 2020-36, § 1, 12-8-2020)

1.

Site/Development Plan Review. All development within the following Commercial Redevelopment Districts requiring a Building Permit are subject to review and approval by the Planning Commission in accordance with §11.05 Site Plan Review. This does not apply to routine maintenance, repairs or renovations to existing single-family dwellings and duplexes.

2.

Definitions. For this §6.04 the following definitions apply:

a)

Age-restrictive uses. Any retail, service or entertainment, which by its nature or by law, restricts or prohibits entry based on age, but excluding uses meeting the requirements of §7.11 Liquor Lounge.

b)

Facade. A building elevation containing the primary public entrance to the establishment or any building elevation facing and visible from an adjoining public street right-of-way.

c)

Ground floor portion of Facade. That portion of a facade between grade level and 12 ft above grade level.

3.

Area and Dimensional Regulations. See Table 6-6, Area and Dimensional Regulations.

4.

Development Criteria. The Commission uses the following standards, in addition to the conditions set forth in §11.05, in the review of development plans in the CR-1 and CR-2 Districts:

a)

Walkability, Streetscape Design. In the process of redevelopment, there should be an emphasis on creating walkable streetscapes along local streets, new streets created through re-subdivision, and internal vehicular ways. This is achieved, in part, by placing buildings close to the street or vehicular way with off-street parking located to the side or rear of buildings.

Angled or parallel parking may be placed along the street (including within public right-of-way where practicable) or vehicular way.

Sidewalks of at least eight ft in width must be installed along adjoining streets or vehicular ways and set back from the curbline at least four ft. Within this setback, trees must be installed at an average spacing of 50 ft. If parking is provided along the street or vehicular way, the sidewalk may extend to the curbline and trees planted in tree wells. Sidewalks may be installed in public right-of-way as approved by the City Engineer. Additional walkways may be required to connect sidewalks to building entrances.

b)

Access management. To improve safety and preserve traffic capacity, access points along public streets must be located as far as practicable from one another and from intersections.

c)

Architectural Guidelines. The following guidelines apply to commercial and mixed-use building facades visible from public rights-of-way:

1)

Roofline. There should be variation in the roofline of facades longer than 50 ft. Flat roof buildings should have an articulated cornice element. Incorporation of pitched roof elements in a flat roof building is encouraged.

2)

Building Facades.

(i)

At least 60% of the facade area, excluding the area of window and door openings, must be masonry.

(ii)

Vinyl siding, metal siding and plain concrete block are prohibited as primary facade materials.

(iii)

Metal siding and plain, textured or split-face concrete block may be permitted as accent materials, not exceeding 10% of the facade area.

(iv)

Windows and door openings must constitute at least 20% of the ground floor portion of the facade.

3)

Awnings or canopies should be provided along facades containing building entrances to provide shade and protection from rain. Awnings should be sized to fit the structural openings in the facade, not extend across multiple bays.

d)

Lighting. Exterior pole-mounted lights may not be taller than 20 ft. Poles and fixtures should be consistent with design of buildings. Wooden poles are prohibited. Building and site lighting must be shielded as necessary to prevent glare on area streets.

e)

Open space. For sites of four or more acres, at least 5% of the total site area must be improved for open space accessible to the public, such as outdoor dining areas, plazas or similar spaces. An open space may not be counted if more than 50% of its perimeter is bound by surface parking.

f)

Parking, Loading and Unloading Regulations. See Article 8 Parking. Loading and service areas may not face Quintard Avenue, Snow Street, Hamric Drive, or Leon Smith Parkway. Existing loading and service areas facing these streets must be screened.

g)

Sign Regulations. See Article 9 Signs.

h)

Landscaping, Screening and Buffers. See Article 10 Landscaping. Landscaping requirements along side or rear lot lines may be modified or waived through Site Plan Review, to reduce separation and encourage interconnection with adjoining properties.

5.

CR-1 Retail Core District.

a)

Purpose. The purpose of the CR-1 District is to encourage, through reinvestment and re-use, redevelopment and infill development, the creation of a family-friendly shopping and dining environment including those areas along and bounded by Quintard Avenue, Snow Street and Hamric Drive East. The CR-1 District is intended to promote the following:

1)

A walkable arrangement of buildings and parking areas, vehicle and pedestrian facilities, open spaces, landscaping and other site amenities.

2)

Quality architecture that presents a positive image along major roads.

3)

Compact design that minimizes separation between commercial uses on adjoining properties and fosters vehicular and pedestrian access between them.

4)

Development of a concentration of retail and dining uses in central, accessible locations with complementary uses in supportive locations.

5)

The encouragement of projects which involve the assembly and redevelopment of adjoining properties.

b)

Uses Permitted.

1)

Uses Permitted by Right: enclosed general retail, standard restaurants, indoor entertainment, indoor recreation, open space, accessory parking, nonresidential parking.

2)

Conditional Uses. The following uses may be permitted upon approval by the Planning Commission in accordance with §11.06: fast food restaurants, personal services, hotels, liquor lounges. Business and professional offices and dwellings may also be permitted as Conditional Uses but are limited to upper floors only. The Planning Commission may approve and attach conditions to other uses when it finds such uses to be consistent with the purpose of the district.

3)

Prohibited Uses. Age-restrictive uses.

c)

Development Criteria. See §6.04.3 and §6.04.4.

6.

CR-2 Commercial Overlay District.

a)

Applicability. For areas within the CR-2 Overlay District, the regulations of the underlying zoning apply except as modified herein. However, where the CR-2 District overlays any FC Flood Plain and Conservation District, the more restrictive regulations apply.

b)

Purpose. The purpose of the CR-2 District is to encourage, through reinvestment and re-use, redevelopment and infill development, the creation of a commercial and mixed-use environment surrounding and supportive of the CR-1 Retail Core District. The CR-2 Overlay District is intended to promote the following:

1)

A walkable arrangement of buildings and parking areas, vehicle and pedestrian facilities, open spaces, landscaping and other site amenities.

2)

Quality architecture that presents a positive image along major roads.

3)

Compact design that minimizes separation between commercial uses on adjoining properties and fosters vehicular and pedestrian access between them.

4)

Development of uses and activities supportive and complementary to retail and dining uses of the CR-1 Retail Core District.

5)

The encouragement of projects which involve the assembly and redevelopment of adjoining properties.

c)

Uses Permitted. In addition to those uses permitted in the underlying district, additional uses are permitted as follows:

1)

Uses Permitted by Right: enclosed general retail, standard and fast food restaurants, hotels, banks, business and professional offices, indoor entertainment, personal services, parks, open space, bakery (minor), business support service, home improvement center, laundry service, studio.

2)

Conditional Uses. The following uses may be permitted upon approval by the Planning Commission in accordance with §11.06: unenclosed general retail, wholesaling establishment, take-out only restaurant, gas station, medical clinic, medical support service. The Planning Commission may approve and attach conditions to other uses when it finds such uses to be consistent with the purpose of the district.

3)

Prohibited Uses. Age-restrictive uses.

d)

Development Criteria. See §6.04.3 and §6.04.4. Residential uses, if permitted in the underlying district, are subject to the area and dimensional regulations of that district and any other applicable requirements of this Ordinance.