(A)   The regulations set by this chapter within each use district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

   (B)   No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, except in conformity with all the regulations herein specified for the district in which it is located.

   (C)   No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use.

   (A)   Purpose; A-O. The agricultural-open space (A-O) use district includes lands within the corporate limits of the city which are not subdivided and are relatively undeveloped. This use district is designed to promote continued agricultural activities and to provide open space.

   (B)   Uses; A-O.

      (1)   Permitted uses.

         (a)   Barn or stable for keeping private animal stock;

         (b)   Agriculture;

         (c)   Farm;

         (d)   Pasturage;

         (e)   Single-family residence;

         (f)   Home occupation; and

         (g)   Accessory buildings.

   (A)   Purpose; SF. The purpose of this classification is to provide for single-family residential development that is most consistent with the general desires of the community.

   (B)   Uses; SF.

      (1)   Permitted uses.

         (a)   Single-family residence;

         (b)   Accessory buildings; and

         (c)   Home occupation.

      (3)   Nonresidential structures; maximum lot coverage. No more than 10% of the total lot area may be accessory buildings.

      (4)   Minimum lot width at front lot line. The minimum lot width at the street frontage of any lot shall be 200 feet for straight streets. On curved streets and cul-de-sacs, the minimum lot width at the front lot line is determined by the effective radius of curvature, R, measured in feet, of the right-of-way boundary as follows. The width (W) shall be at least:

         W = 70 - (400 / R) feet

         In this formula, R shall be no less than 40 feet.

      (5)   Minimum lot depth. The minimum lot depth shall be 300 feet measured from the closest straight line distance between the front property line and the rear property line.

      (6)   Minimum lot width at front lot line.

         (a)   1-acre lot: 100 feet on straight street.

         (b)   1.5-acre lot: 150 feet on straight street.

         (c)   2-acre lot: 200 feet on straight street.

         (d)   On curved streets and cul-de-sacs, the minimum width at the front lot line is determined by the effective radius of curvature, R, measured in feet, of the right-of-way boundary as follows. The width shall be at least:

            W = 70 - (400 / R) feet

            In this formula, R shall be no less than 40 feet.

      (7)   Minimum lot depth. The minimum lot depth shall be the following indicated distances in feet measured from the closest straight line distance between the front property line and the rear property line.

         (a)   1-acre lot: 150 feet;

         (b)   1.5-acre lot: 225 feet; and

         (c)   2-acre lot: 300 feet.

         (a)   1-acre lot: 50 feet;

         (b)   1.5-acre lot: 75 feet; and

         (c)   2-acre lot: 100 feet.

      (2)   Side setback. The minimum side setback shall be in accordance with the following listed distances, measured in feet from the closest point of the side property line.

         (a)   1-acre lot: 25 feet;

         (b)   1.5-acre lot: 25 feet; and

         (c)   2-acre lot: 40 feet.

      (3)   Side setback at corner. The minimum side setback for any structures on a lot located on a corner shall be the same as the front setback on the side closest to the adjacent street for the same size lot.

         (a)   1-acre lot: 50 feet;

         (b)   1.5-acre lot: 75 feet; and

         (c)   2-acre lot: 75 feet.

      (4)   Rear setback.

         (a)   Minimum 1-acre lot: 30 feet;

         (b)   Minimum 1.5-acre lot: 50 feet; and

         (c)   Minimum 2-acre lot: 50 feet.

   (G)   Building regulations; SFT.

      (1)   Single-family residence.

         (a)   Minimum living space. There shall be a minimum of 2,500 square feet of air- conditioned space.

         (b)   Building materials.

   (A)   Purpose; MH.

      (1)   The manufactured housing district is designated in order to provide an adequately controlled area for the placement of manufactured homes, and to ensure an environment suitable for family living. The terms “HUD-Code manufactured home,” “mobile home,” “manufactured housing,” and “recreational vehicle” as used herein are as defined in Tex. Occupation Code, Ch. 1201 and Tex. Trans. Code, § 522.004(b), as amended.

      (2)   Any violations of the provisions of the manufactured housing district ordinance passed September 19, 1995 which occurred prior to the date of any amendments to this chapter are not waived or released by those amendments. The provisions of this chapter in effect on the date of any violation of this chapter shall be interpreted as still being in effect on the date any violation is prosecuted. Further, no amendments to this chapter shall waive, accept, or approve any nonconforming use which existed immediately prior to September 19, 1995, the date the preceding manufactured housing district ordinance was enacted. Any nonconforming use on the date this manufactured housing district ordinance was originally passed by the city is a nonconforming use solely for the size of the tract, the number of mobile homes, or manufactured homes, located on the manufactured housing tracts, or the mobile home tracts, on the date this chapter was passed. No additional manufactured housing or mobile homes are permitted without strict compliance with this chapter.

   (B)   Principal permitted uses; MH.

      (1)   (a)   Individually owned manufactured homes and lots in an approved manufactured housing district subdivision; and

         (b)   Commercial manufactured home parks providing, either on a rental or as an outright sale, lots for placement of manufactured homes with utilities for those manufactured homes.

      (2)   Supporting service facilities for the exclusive use of the residents will be permitted within the manufactured home park.

   (C)   General provisions; MH.

      (1)   Mobile homes constructed prior to June 15, 1976. No mobile home may be installed for use or occupancy as a residential dwelling unit within the city, effective the date of this chapter. Any mobile home previously legally permitted and used or occupied as residential dwelling unit within the city is deemed a nonconforming use. A permit for that legal nonconforming use and occupancy shall be granted for a lawful nonconforming mobile home within the city, so long as a replacement is a HUD- Code manufactured home.

      (2)   No HUD-Code manufactured homes constructed on or after June 15, 1976. No HUD-Code manufactured homes (constructed on or after June 15, 1976) shall be permitted in the city as a residential dwelling, or otherwise, unless the installation is within a manufacturing housing district approved by the city. An application to install a new HUD-Code manufactured home for use and occupancy as a residential dwelling is deemed approved and granted unless the city denies the application in writing, within 45 days of the receipt of the application, setting forth the reason for denial.

      (3)   Recreational vehicles. No recreational vehicle may be installed, used, or occupied as a residential dwelling within the corporate limits of the city.

      (4)   Wastewater requirements. All wastewater connections, septic systems, plumbing, and drainage shall meet the highest standards of federal, state, and county regulations adopted above.

      (5)   Individual manufactured home lots and subdivisions.

         (a)   Any individual desiring to place a manufactured home on a lot within the area designated as a manufactured housing district may do so without meeting the requirements of a commercial manufactured home park except for structural protection, under the conditions that the manufactured home be placed on a lot of no less than one acre and that all other applicable provisions of the single-family residential district (SF) regulations are met (such as use, setbacks, building code requirements). The conditions set forth for structural protection of manufactured homes in manufactured home parks will apply to individual manufactured home lots.

         (b)   Individual manufactured home lots and subdivisions shall comply with all requirements of the subdivision regulations in Chapter 155 and the city’s other ordinances.

      (6)   Commercial manufactured home parks.

         (a)   Site plan required. All applications for development of a manufactured home park or manufactured housing district subdivision shall be accompanied by a site plan and constructions plans (12 copies) drawn to scale, acceptable to the City Engineer, complying with the requirements of Chapter 155 of this code. A preliminary and final plat are required on all manufactured home parks. The boundary survey shall be prepared by a registered professional land surveyor and layout and design shall be prepared by a registered professional engineer. The manufactured home park shall comply with the design and construction requirements of Chapter 155 regarding supporting data, drainage, paving, and utility facilities. The site plan and construction plans shall show:

            1.   The area and dimensions of the tract of land, with identification of location and boundaries;

            2.   The number, location, and size of all manufactured home spaces;

            3.   The location and specifications of sewer lines and riser pipes;

            4.   The location and specifications of water lines and service connections;

            5.   The location and details of lighting, electrical, and gas systems;

            6.   The location and specifications of all buildings constructed or to be constructed within the park;

            7.   Existing and proposed topography;

            8.   The location of fire mains, including the size, the hydrants, and any other equipment which may be provided;

            9.   Proposed pavement section;

            10.   Proposed storm drainage facilities, with calculations; and

            11.   Proposed wastewater treatment facilities.

         (b)   Park and lot size requirements.

         (c)   Temporary hookups. No temporary hookups will be permitted. Power, water, and sewer service must be supplied to every lot.

         (d)   Streets, parking, and traffic.

            1.   Streets.

               a.   An internal street system (which shall also be drainage, utility, fire, and emergency access easement) shall provide access to each manufactured home space. This internal street system shall comply with requirements of Chapter 155 of this code regarding streets, including construction requirements.

               b.   Driveways and parking areas are considered private. Maintenance of driveways and parking areas shall be a private responsibility. All other streets shall be dedicated as public.

            2.   Each emergency access easement shall have a clear, unobstructed width in compliance with city ordinances on street and road design, shall connect to a dedicated public street, or shall have a turnaround radius with a minimum of at least 40 feet in radius of paving. Corners of intersecting streets shall have sufficient turning area to permit free movement of emergency vehicles.

         (g)   Walkways. Designated, paved walkways will be provided on both sides of roadways or streets.

         (h)   Numbering. Within each manufactured home park, all streets shall be named, and manufactured homes numbered in a logical and orderly fashion according to the city’s numbering system. Street signs shall be of a color and size conforming with those on public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles.

         (i)   Intersections. Street lighting within the manufactured home park shall be provided along all emergency access easements. Light standards shall have a height not to exceed 20 feet and spacing to ensure an average illumination level of not less than 1.0 foot candles.

         (j)   Electric and telephone service. All distribution and service lines of electrical, telephone, television, and other wire-carrier type utilities shall be underground, except that the system of supply lines for multiple subdivision service by utilities may be overhead. Transformers, amplifiers, or similar devices associated with the underground lines shall be located upon the ground or below the ground level. Where the underground installation of these facilities is not a standard practice of the utilities involved, the subdivider or developer shall make all arrangements for payments associated with the nonstandard installation.

         (k)   Drainage and soil protection.

            1.   The ground surface in all parts of a manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured home space shall provide adequate drainage for placement of a manufactured home.

            2.   Exposed ground surfaces in all parts of every manufactured home park shall be paved, covered with stone screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust.

            3.   No portion of any lot shall be located below the 100-year floodplain. Drainage facilities shall comply with Chapter 155 of this code.

         (l)   Fire safety. Storage and handling of flammable gases and liquids shall be as follows:

            1.   Whenever liquefied petroleum gases are stored or dispensed, their handling and storage shall comply with requirements of the city ordinances as applicable; and

            2.   Wherever gasoline, fuel, oil, or other flammable liquids are stored or dispensed, their handling and storage shall comply with requirements of the city ordinances and state regulations.

         (m)   Water supply facilities. Water supply facilities for fire protection service shall meet the minimum requirements of the key rate schedule for a standard city as last adopted by the State Board of Insurance and the minimum requirements of the city.

         (n)   Firefighting.

            1.   Approaches to all manufactured homes shall be kept clear for firefighting.

            2.   The owner or agent of a manufactured home park shall be responsible for the instruction of his or her staff in the use of the park fire protection equipment and in their specific duties in the event of a fire. The owner shall provide standard city fire hydrants located within 300 feet of all manufactured home spaces, measured along the driveways or streets.

            3.   The owner or agent of a manufactured home park shall be responsible for maintaining the entire area of the park free of dry brush, leaves, and weeds.

            4.   The owner or agent of a manufactured home park shall provide an adequate system of collection and safe disposal of rubbish, approved by the Fire Marshal.

         (o)   Manufactured home spacing standards. In order to provide adequate separation of manufactured homes and of other buildings and structures for the purposes of safety against the hazards of fire and explosion, and to promote structural safety in the placement of manufactured homes on their respective sites, the following spacing standards shall apply.

            1.   The minimum front yard setback shall be 75 feet from the nearest corner of the manufactured home to the front line of the manufactured home space.

            2.   No manufactured home shall be closer than 75 feet to the outer perimeter property line. If the manufactured housing district is adjacent to a non-manufactured housing district, the setback from the outer perimeter property line shall be at least the setback of the adjacent district, if the setback of the adjacent district is greater than 25 feet.

            3.   Other structures on each manufactured home space must be placed to the back of the manufactured home space and must be a minimum of 75 feet away from any line of the manufactured home space.

            4.   The minimum distance between manufactured homes at any point shall be 75 feet.

            5.   The average vertical clearance height of the manufactured home frame above the finished ground elevation shall not exceed three feet.

         (p)   Landscaping. The park will provide attractively and esthetically designed and installed screening and landscaping to ensure privacy and suitable environments for manufactured home occupants. The proposed screening and landscape plan shall be submitted for review and approval by the city. Landscaping areas will be not less than 5% of the gross site area.

         (q)   Community buildings and service facilities.

            1.   Structural and other requirements for buildings.

               a.   Construction of all buildings shall comply with applicable ordinances of the city. All portions of structures shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

               b.   All rooms containing sanitary or laundry facilities shall:

                  i.   Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, lavatories, and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof materials or covered with moisture-resistant materials;

                  ii.   Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall not be less than 10% of the floor area served by them; and

                  iii.   Have at least one window which can be opened easily or have a mechanical device which will adequately ventilate the room.

            2.   Sanitary facilities.

               a.   Toilets shall be located in separate compartments equipped with self-closing doors. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.

               b.   Hot and cold water shall be furnished in every lavatory, sink, and laundry fixture, and cold water shall be furnished in every water closet and urinal.

            3.   Lighting. Illumination level shall be maintained as follows:

               a.   General seeing tasks: at least 5 foot candles;

               b.   Laundry room work area: at least 40 foot candles;

               c.   Toilet room in front of mirrors: at least 40 foot candles;

               d.   Pedestrian walkways: at least 5 foot candles;

               e.   Visitor and supplemental parking areas: at least 5 foot candles; and

               f.   Recreation areas: at least 5 foot candles.

         (r)   Storage facilities. Storage facilities with a minimum size of 200 square feet per manufactured home space shall be provided on the space, or in compounds located within 100 feet of each space. Wherever provided, storage facilities shall be faced with masonry, porcelanized enamel, baked enamel, steel, or other material equal in fire resistance, durability, and appearance. All storage facilities shall be anchored to a concrete slab.

         (s)   Incinerators. Incinerators will be specifically prohibited. Incineration of trash and garbage will be prohibited.

         (t)   Recreational areas. Every manufactured home park shall have at least one visibly identifiable recreation area for the benefit and use of its residents. Not less than 5% of the gross site area of the manufactured home park shall be devoted to recreational facilities. Playground space shall be protected from traffic, thoroughfares, and parking areas. This space shall be maintained in a sanitary condition and free of safety hazards. Lighting must be provided for all recreation areas.

         (u)   Water system.

            1.   Supply.

               a.   An adequate, safe, and potable supply of water shall be provided by the owner or agent. Connection shall be made to the city water system.

               b.   The manufactured home park shall have a compound commercial water meter from the city, regardless of the distribution of the water within the manufactured home park.

            2.   Connections.

               a.   The water supply system shall be connected by pipes to all manufactured homes, buildings, and other facilities requiring water. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements.

               b.   All water line mains will be eight inches or larger.

               c.   Individual water riser pipes and connections shall be constructed and maintained in accordance with the city ordinances, as applicable.

         (v)   Electrical utilities.

            1.   The wiring, fixtures, equipment, and appurtenances of every electrical wiring system shall be installed and maintained in accordance with applicable ordinances and regulations for those systems.

            2.   Power distribution lines shall be located underground. All power distribution lines, individual electrical connections, and grounding of the manufactured homes and equipment, shall comply with the city ordinances, as applicable.

         (w)   Sewage or wastewater facilities.

            1.   An approved sewage treatment system shall be provided to meet the minimum city, state, and county requirements. A connection to municipal sanitary sewage service shall be required if access to a sanitary sewer line is available to the site, at the landowner’s cost. On-site sewage or wastewater treatment and disposal systems will be approved. Spray effluent shall not be used for any treatment facility.

            2.   All requirements of the county, city, and the state as to sanitation, water quality preservation, and pollution will be met. Where any such statutes or regulations are in conflict, the more restrictive statute or regulation shall apply, as determined by the Building Inspector of the city, subject to the review and approval of the Mayor. Unless otherwise stated in those regulations, each residential unit within a manufactured housing district shall be connected to either:

               a.   An approved septic system, either for the individual unit or a group of units, which shall be designed and shall operate to treat an average of 250 gallons of wastewater per day from each unit, and shall further be designed to appropriately treat wastewater discharged at peak times of the days and evenings; or

               b.   In the event a sanitary sewer line is available for use by a manufactured housing district, all residential units located lawfully within the manufactured housing district shall be connected to the sanitary sewer line.

            3.   An adequate and safe sewage system shall be provided for conveying sewage to the treatment plant. The sewer system shall be constructed in accordance with applicable local and state health regulations. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the State Natural Resource Conservation Commission.

            4.   For sewage or wastewater connections, where public sanitary sewer system is available, all materials used for sewer connections shall be in accordance with the city ordinances, as applicable.

               b.   The sewer connection to the manufactured home from the sewer riser pipe and any other sewer connections shall be in accordance with the requirements of the city ordinances, as applicable.

               c.   Provision shall be made for plugging the sewer riser pipe when no manufactured home occupies the space. Surface drainage shall be diverted away from the riser.

         (x)   Fuel supply and storage.

            1.   Natural gas piping systems shall be installed underground and maintained in accordance with applicable ordinances and regulations governing those systems. Each manufactured home space provided with piped gas shall have a cap on the outlet when not in use to prevent accidental discharge of gas and shall be in accordance with applicable city ordinances.

            2.   Liquefied petroleum gas systems shall be installed only if an available natural gas system is more than 1,000 feet from the manufactured home park. The liquefied petroleum gas systems shall be maintained in accordance with applicable ordinances of the city and regulations of the State Railroad Commission pertaining thereto.

         (y)   Refuse handling and collections. The storage, collection, and disposal of refuse shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.

            1.   Storage facilities. One or both of the following systems shall be used:

               a.   If refuse is gathered at the individual manufactured home spaces, it shall be stored in fly-tight, watertight, rodent-proof containers, which shall be located at each manufactured home site. Containers for this use shall be provided by the park in sufficient number and capacity to properly store all refuse; or

               b.   In lieu of storage at individual sites, centrally located refuse containers, appropriately screened, and having a capacity of three cubic yards or larger, may be provided. These containers shall be so designed as to prevent spillage or container deterioration, and to facilitate cleaning around them.

            2.   Removal. Refuse and garbage shall be removed from the park at least once each week. The licensee or agent shall ensure that containers in the park are emptied regularly and are maintained in a usable, sanitary condition.

         (z)   Insect and rodent control. Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests. The growth of brush, weeds, and grass shall be controlled to prevent harborage of noxious insects or other pests. Parks shall be maintained so as to prevent the growth of noxious weeds detrimental to health. Open areas shall be maintained free of heavy undergrowth.

         (aa)   Structural protection; anchorage. To ensure against natural hazards such as tornadoes, high winds, and electrical storms, anchorage at each manufactured home shall be provided according to the following schedule.

            1.   Ties. For each manufactured home space designed to accommodate the length of unit shown, frame ties shall be provided in the number indicated. In addition, over-the-unit ties shall be provided as close to each end as possible with straps at stud and rafter locations.

 

 

            2.   Anchors.

            5.   Permanent structures. Park buildings, patio awnings, and cabana roofs. All permanent park buildings, patio awnings, and cabana roofs hereafter constructed and all extensions to existing structures shall comply with applicable ordinances of the city.

            6.   General application. These provisions for structural protection shall also apply to individual manufactured home lots.

         (bb)   Responsibilities of park management.

            1.   Operation. The licensee, or his or her agent, of every manufactured home park located within the corporate limits of the city shall operate and maintain the park in compliance with these regulations and with all other applicable ordinances of the city. He or she shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.

            2.   Information; responsibility for violations. The licensee or agent shall notify park occupants of all applicable provisions of these regulations and inform them of their duties and responsibilities under these regulations. The licensee or agent shall bear final responsibility for any violations of the ordinances set forth for manufactured home parks, except as specifically outlined as the responsibility of park occupants.

            3.   Registration; information required. The licensee or agent shall maintain a register of park occupancy which shall contain the following information:

               a.   The names and addresses of park residents;

               b.   Manufactured home registration data including make, length, width, year of manufacture, and identification number;

               c.   The location of each manufactured home within the park by space or lot number and street address; and

               d.   Dates of arrival and departure.

            4.   Information to Tax Assessor-Collector. The licensee or agent shall furnish to the Tax Assessor-Collector for the city, no later than January 10 and July 10 of each year, a list of all manufactured home residents in the park on the last day of the preceding month. The register shall provide information on the make, length, width, year of manufacture, and identification number of the manufactured home, the address or location description of the manufactured home within the park, and information on manufactured homes which have moved out of the park since the last report including the foregoing data plus the departure dates of each manufactured home and, if known, its destination. These lists shall be prepared using forms provided by the Tax Assessor-Collector for the city.

         (cc)   Responsibilities of owner. The owner or agent shall ensure that every occupant of a space in a manufactured home park located within the corporate limits of the city shall maintain his or her manufactured home space, its facilities and equipment, in good repair and in a clean, sanitary condition. He or she shall be responsible for proper placement of his or her manufactured home in its manufactured home space and proper installation of all utility connections in accordance with the instructions of the park management.

            1.   Skirting and additions. Fire-resistant skirting with the necessary vents, screens, and openings shall be required on all manufactured homes in manufactured home parks and shall be installed within ten days after emplacement of the manufactured home. Skirting, porches, awnings, and other additions, when installed, shall be maintained in good repair.

            2.   Prohibition of storage under homes. The use of space immediately underneath a manufactured home for storage shall be prohibited.

         (dd)   Inspections.

            1.   Inspections by public officials. The Mayor or his or her designee and the Fire Marshal or his or her designee, are hereby authorized and directed to make inspections as are necessary to determine compliance with these regulations.

            2.   Authority to inspect. The Mayor or the Mayor’s designee, the Fire Marshal or his or her designee, the Tax Assessor-Collector, and the Water Superintendent shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting or investigating conditions relating to the enforcement of this section. They shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the manufactured home park.

            3.   Access to premises. It shall be the duty of every occupant of a manufactured home park to give the licensee, his or her agent, or authorized employee access to any part of the park at reasonable times for the purpose of making repairs or alterations as are necessary to effect compliance with this section.

   (D)   Nonconforming manufactured housing parks; MH. Any manufactured home park in existence at the time of the addition of the manufactured housing district to the city’s zoning regulations (September 19, 1995), which does not meet the regulations as set forth herein, shall not be enlarged in size or number of units in place, extended in land area or number of units, or improved, unless the enlargement, extension, or improvement complies with all regulations contained herein.

   (A)   Purpose; SA. The purpose of the special activities district is to provide for tourist-related commercial uses that are integrated through site planning and architectural design guidelines. A site plan shall be required for all land to be zoned special activities district, and shall be approved at the time the district is approved, and attached to the ordinance establishing a special activities district, in accordance with the provisions in division (B)(3). A site plan shall be required for all new construction for land zoned special activities district and shall conform in all respects to the site plan, in accordance with the provisions in division (B)(4). The acreage of a special activities district shall be not less than 175 acres.

         (c)   General conditions and standards applicable to development within the district; and

         (d)   Required dedications or public improvements, if any.

      (4)   Site plan. A site plan shall be required for all new construction, exterior remodeling, or additions to any structure which exceed 10% of either the structure’s size or assessed value for tax purposes, in a special activities district. No building permit shall be issued for a development subject to site plan review until that site plan has been approved in accordance with this section.

   (C)   Uses; SA. The following uses shall be permitted of right or by special use permit in the special activities district.

      (1)   Permitted uses.

         (a)   The following uses shall be allowed in a special activities district; provided, however, that these uses may be restricted by the City Council in the ordinance creating the district:

            1.   Hotel;

            2.   Motel;

            3.   Bed and breakfast establishments;

            4.   Retail and service uses:

               a.   Arts and crafts galleries;

               b.   Photography studio;

               c.   Retail shops for clothing and souvenirs, gourmet foods, antiques, or florist shops; and

               d.   Cafes, restaurants, and catering facilities, excluding fast food restaurants or drive-throughs.

            5.   Dinner playhouse;

            6.   Farmers’ market;

            7.   Conference or events facilities;

            8.   Indoor or outdoor special events, such as the following: rodeos, livestock exhibitions, and auctions;

            9.   Tennis club or golf course;

            10.   Single-family residence for on-site caretaker or staff;

            11.   Facilities for the mixing of personal care products from natural and raw agricultural products, such as an aloe vera products mixing facility. This use does not include any animal processing, raw material processing, uses which emit odors, or heavy manufacturing or industrial uses; and

            12.   Private club for the serving of alcoholic beverages, where properly permitted by the State Alcoholic Beverages Commission, and where the facility is not less than 300 feet from a church, public school, or public hospital. Only one private club shall be approved per site plan.

         (b)   The City Council shall have full legislative discretion in determining whether these uses are appropriate with adjacent land uses, and shall have discretion to impose conditions as may be necessary to protect adjacent land uses and ensure compatibility.

      (2)   Conditional uses. All uses listed as conditional uses in the SF district may be requested in accordance with the provisions of that section.

      (4)   Prohibited uses. The following uses shall be prohibited:

         (a)   Sexually oriented businesses, including adult bookstores, adult theaters, nude modeling or photography studios, adult dancing or entertainment at private clubs; and

         (b)   Strip commercial development or shopping centers.

   (D)   Area and dimensional requirements; SA.

      (1)   Building setbacks.

         (a)   Structures shall be set back from existing residential structures on or adjacent to the property zoned as special activities district a minimum of 300 feet, measured from roof overhang to roof overhang. Structures shall be set back 300 feet from any major roadway, including FM 2551, FM 2514, Park Boulevard, and other roads as the city may from time to time designate.

         (b)   Enclosures such as outdoor or rodeo arenas, riding areas, or similar outdoor uses which do not require the construction of a building, shall be set back 100 feet from all roadways.

         (c)   Buildings shall have the following setbacks.

 

 

         (d)   Building setbacks may be modified by City Council on the site plan, provided that public safety objectives are preserved.

      (2)   Height limitations.

   (E)   Parking regulations; SA. Off-street parking shall be required for all new construction, based on the following standards.

      (1)   Where necessary for fire safety purposes, specially designated fire or traffic lanes may be required by the Fire Chief or the Building Official. The designated area shall be kept clear of all parking, storage, and other obstructions at all times.

      (2)   For parking areas which are hard surfaced, parking areas shall be subdivided into smaller lots. No more than 100 spaces shall be included in a single lot area. Accessible parking shall be provided as required by state and federal standards.

      (3)   Overflow parking for special events or recreational activities of a short-term, non- permanent nature may be located on grassy areas.

   (F)   Design elements; SA.

      (1)   Facade. Facade treatments and colors shall conform to the following, subject to any exceptions which may be approved by the City Council on the site plan:

         (a)   Wood materials;

         (b)   Overhangs and colonnades;

         (c)   Canopies are required, projecting from colonnades;

         (d)   All buildings must be constructed in uniform rural style, as that term is defined by the city. No modern or post-modern styles will be permitted. New construction shall be consistent with any existing buildings in the district;

         (e)   Colors of building materials must be neutrals, earth tones, or as are consistent with adjacent buildings. Any deviation from this standard must be approved by the City Council on the site plan;

         (f)   Shingle or tile roofs;

         (g)   Painted metal building materials, stucco, stone, or brick may be allowed where they are provided for in the ordinance establishing the district or on an approved site plan; and

         (c)   Signs shall be placed only at driveway entrances and shall not be allowed on buildings.

         (d)   Temporary signs for directions or events shall be permitted in accordance with the regulations contained in § 153.05, or as the same may be amended. Illuminated signs, as they are defined in Chapter 153 of this code, are specifically not allowed in this district.

      (5)   Loading zones and storage. All loading and unloading shall be conducted at the rear of any building or structure. Loading zones shall be placed on the property as required by the city’s building code. No outdoor storage is allowed, unless approved by City Council on the site plan, and where, due to the nature of the items being stored, it is necessary to keep them outside.

   (G)   Landscaping requirements; SA.

      (1)   Open space must constitute 40% of the gross area covered by the site plan.

      (2)   Parking lots shall be landscaped as follows.

         (a)   Landscaping requirements may be waived or modified by the City Council at the site plan stage if a finding is made that the site plan provides sufficient permeable surfaces and adequately addresses the drainage and visual impacts of impermeable surfaces.

   The following supplementary zoning regulations are hereby adopted and shall apply in all cases where specified by this section.

   (A)   Visibility at intersections in all districts. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vehicle drivers’ vision at intersections.

   (B)   Fences, walls, and hedges. Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that the fences, walls, or hedges along lot lines at street intersections do not impair visibility at the intersection within an area defined by lines of joining points located 20 feet back from the intersection of all curb lines extended.

   (C)   Offensive trade activity. No offensive trade activity shall be carried on upon any lot, nor shall anything be done which may be or become an annoyance or nuisance. No lot shall be used or maintained as a dumping ground for rubbish.

      (1)   On tracts of land, whether platted or described by metes and bounds, grass and weeds are not permitted to grow to a height in excess of 12 inches unless the vegetation is for agricultural operations and may then exceed 12 inches.

         (a)   Cultivating the soil (tilling soil in order to better prepare it for planting);

         (b)   Producing crops for human food, animal feed, planting seed, or fiber;

         (c)   Floriculture (cultivation and management of ornamental and flowering plants);

         (d)   Viticulture (the cultivation or culture of grapes especially for wine making);

         (e)   Horticulture (growing fruits, vegetables, flowers, or ornamental plants - wildflowers may exceed 12 inches when growing, but shall be mowed to a maximum height of 12 inches after seeding);

         (f)   Silveculture (dealing with the development and care of forests);

         (g)   Current wildlife management;

         (h)   Current raising or keeping livestock or poultry.

      (3)   Regularly cultivated crops shall not be allowed to grow within the public road right-of-way of any public street or easement but shall be kept mowed. It shall be the duty of any person owning, claiming, occupying, or having supervision or control of any real property to cut and remove all weeds, brush, or other objectionable or unsightly matter as often as may be necessary; provided that the removing and cutting same at least once in every 30 days shall be deemed a compliance with this chapter; and to use every precaution to prevent the same growing on the premises to become a nuisance.

   (E)   Exceptions to height regulations. The height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

   (F)   Structures to have access. Every building erected or moved shall be on a lot with direct access on a public street, or with access to a municipally approved street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required on-site parking.

   (G)   Yard definitions. Yards as required in this chapter are open spaces on the lot on which a building is situated and which are open and unobstructed to the sky, except as herein provided.

      (3)   Side yard. A yard located on a lot extending from the required rear yard to the required front yard and having a minimum width measured from the side lot line as specified for the district in which the lot is located.

         (a)   Passenger vehicles may be parked anywhere behind the front facade of the house, or, if in front of the house, on the driveway, or the entire vehicle shall be within 15 feet of the centerline of the driveway.

         (b)   Recreational vehicles and equipment (including, but not limited to, recreational vehicles, motor homes, travel trailers, pickup campers, boats and boat trailers, horse or stock trailers, and similar equipment).

      (1)   Accessory buildings shall be constructed of materials similar in appearance to the main dwelling or with any of the following exterior materials:

         (a)   Brick, pre-finished metal, wood siding or simulated wood, masonry products, Portland cement plaster, stucco or exposed aggregate concrete.

         (b)   Corrugated sheet metal siding and roofing are expressly prohibited.

      (2)   All construction of accessory buildings requires the issuance of a building permit by the city. All construction shall meet the building code requirements of the city.

      (3)   Accessory buildings shall be located according to the most restrictive of the following:

         (a)   In the rear portion of the lot, behind the rear building line of the main dwelling.

         (b)   If on a corner, no closer to a street than the main dwelling.

         (c)   In compliance with the setbacks requirement required by the zoning classification or final plat of the lot.

      (4)   Maximum height.

         (d)   Detached dwellings require a special use permit (SUP), with annual renewal.

            1.   Architectural design, features, and construction materials must match the primary dwelling.

            2.   The detached dwelling must meet all setback and side yard requirements.

            3.   Detached dwellings shall be located according to the most restrictive of the following:

               a.   In the rear portion of the lot, behind the rear building line of the main dwelling.

               b.   If on a corner, no closer to the street than the main dwelling.

               c.   In compliance with the setbacks requirement required by the zoning classification or final plat of the lot.

            4.   The ingress and egress to the detached dwelling by vehicle must be shown on the site plan, and any driveway must connect with the main residence driveway.

      (3)   Attached dwellings. Attached dwellings must meet all requirements set forth above for detached dwellings, and an attached dwelling must also comply with the following:

      (1)   Temporary storage units and trash containers.

         (a)   No shipping containers, PODS, or trash containers may be located on residential lots for more than 30 days. A lot owner may apply to the city for a permit for a longer period of use. The City Administrator or his/her designee may issue a permit for an additional time period, not to exceed 60 days.

         (b)   Temporary storage units and trash containers must not be in the right-of-way or public easement.

      (2)   Construction storage and trash containers.