Zoneomics Logo
search icon

Rusk City Zoning Code

ARTICLE 153

II ZONING DISTRICTS

2022-07 Minimum Square Footage

2202-06 UDC Amendments

153.26 Establishment Of Residential Districts

The following residential districts are established in the City of Rusk:

AbbreviationDistrict Name
AGAgricultural District
R-1Single Family Residential District
R-2Single Family Residential District
R-3Single Family Attached Residential District
MFMulti-Family Residential District
PDPlanned Development District
SF-MHSingle Family Manufactured Home District
MHPManufactured Home Park District

153.27 District Purpose

  1. AG Agricultural District. This district consists of land principally in use for agricultural production and may be used for farming, crops, pasture, forestry, agribusiness ventures such as growing and marketing of products, and limited number of rural residences. This zone may include woodland, agricultural lands, and grasslands. Such areas are intended to remain undeveloped until logical expansion of the urban area occurs. This category services as a holding zone to preserve land from premature development that would negatively affect the area while preserving the agricultural uses in the immediate area.
  2. R-1 Single-Family Residential District. This district is primarily intended to provide for medium density, single-family, residential development of a moderately spacious character.
  3. R-2 Single-Family Residential District. This district is primarily intended to accommodate development of detached, single-family housing on medium size lots.
  4. R-3 Single Family Attached Residential District. This district is primarily intended to allow for development of attached single family housing units including duplexes, townhomes, and condominiums.
  5. MF Multi-Family Residential District. This district is primarily intended to accommodate multi-family development at a maximum density of 24 dwelling units per acre.
  6. PD Planned Development District. This district is primarily intended to provide for development of unique and innovative forms by utilizing the total space within a development by creating common open spaces, scenic and recreational areas, and other spaces, which will compensate for higher density development. The development parameters are submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council.
    The development parameters must be submitted in the form of a site plan or a written narrative containing sufficient detail for evaluation by the Planning and Zoning Commission and City council. The Planned District may be requested in conjunction with any zoning category.
  7. SF-MH Single Family Manufactured Home District. This district is primarily intended to accommodate manufactured housing units on individually platted lots.
  8. MHP Manufactured Home Park District. This district is primarily intended to accommodate manufactured housing units parks with issuance of a license.

153.28 Allowed Uses

Uses are allowed in residential districts in accordance with Article III, Division A, Table 153-5.

153.29 Dimensional Standards

All developments in residential districts must comply with Table 153-1 Dimensional Standards in Residential Districts.

Table 153-1. Dimensional Standards-Residential Districts

Residential Districts
AGR-1R-2R-3MFPDSF-MHMPH
Manufactured Home Park

OTC-MF
Minimum lot area (sq. ft.)
2 Acres8,0005,000Noneb.5,000

 
Minimum lot area per
unit (sq. ft.)
2 Acres8,0006,0005,000Noneb.5,0004,0001,500
Minimum street frontage
(linear ft.)
100353520Noneb.354025
Minimum Floor Area per
Single/Multi/Mobile Home
Family Dwelling Unit (sq. ft.)

80/400 Rule d.80/400 Rule d.
N/A375 SF Per Unit Min.b.375/800 Rule e.375/800 Rule e.
375/800 Rule e.
375
Setbacks
Front
30202020(c)25b.202525
Rear
2015151515b.202525
Side interior
10107.5510b.51515
Side corner
1515101015b.102525
Maximum lot coverage (%)
0.50.50.50.60.6b.
N/AN/A
Maximum height (stories)
2.52.52.52.53b.

 
Recreation area





b.
a.a.

a. For 25 or more manufactured homes there shall be one or more recreation areas, based upon a minimum of 100 square feet for each lot and area not less than 2,500 square feet.

b. Submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council.

c. When rear entry garages are planned, the Front setback shall be allowed at 15 feet.

d. 80/400 Rule - When a district is subject to this rule, the minimum square footage of any new residence shall be 80% of the average of the square footage of all single-family residential dwellings (whether occupied or not) within 400 feet of the boundary lines of the property upon which the new residential dwelling is to be situated. Square footage of surrounding properties will be obtained from the Cherokee County Appraisal District and will include the living area only. Decks, porches, garages and any other non-HVAC areas are not included. Residential dwellings situated within 400 feet, but in a different zoning district are excluded from the calculation of the average square footage.

e. 375/800 Rule - When a district is subject to this rule, the minimum square footage of any new non-manufactured home intended to be used as a residential dwelling shall be 375 square feet and the minimum square footage of any new or relocated manufactured home to said district shall be 800 square feet.




HISTORY
Amended by Ord. 2022-07 Minimum Square Footage on 8/19/2022

153.30 Additional Residential District Standards

  1. SF-MH Single Family Manufactured Home District.
    1. Manufactured home age. All Manufactured homes shall be manufactured within the past ten years of the application date for the building permit. The building permit application must be accompanied by proper paperwork and recent photographs demonstrating that it meets this requirement.

      Any manufactured home which existed prior to the adoption date of this chapter which does not comply with the regulations of the zoning district where it is located and/or the standards set forth in this chapter but by virtue of its preexistence shall be a legal non-conforming use and may continue to be used at the existing location.
    2. Entrances. All entrances to a manufactured and/or manufactured home shall be provided with permanent steps of precast concrete, cemented bricks or treated lumber. The entrance to an attached deck or similar extension shall be considered as an entrance to a home. Any covered areas will be considered as part of the main structure for setback requirements.
    3. Permanent foundation/underpinned/skirted. Manufacture homes may be placed on a permanent foundation or must be underpinned/skirted.

      Permanent foundation requirements
      . Permanent foundations must comply with the 2003 International Building Code or most current adopted and must be installed per manufacturer specifications.

      Underpinned/skirted requirements
      . Underpinning and skirting shall be required for all manufactured homes, which underpinning/skirting shall be:
      1. Completely around the structure from the base of the manufactured home to the ground level beneath;
      2. Of material with similar appearance to the manufactured home (or) of masonry material;
      3. Weather-resistant material and material specifically designed by the manufactured home manufacturers for skirting, not to be construed to mean sheet metal or scrap metal or polyurethane scrap material;
      4. Skirted in such a way as not to allow access to the underside of the manufactured home for storage and/or trash accumulation, but access only for repair to the manufactured home;
      Either the foundation or the skirting is to be approved at the time the building permit is issued and must be installed per manufacturer specifications. The specifications will be required on site when the home is being installed at the location.
  2. MHP Manufactured Housing Park.
    1. Location of parks.
      1. Manufactured home parks may be located only in conformity with this section, and in addition to the requirements contained therein, each boundary of the park must be at least 200 feet from any permanent residential building located outside the park, unless separated by a natural or artificial barrier, or unless the owners of a majority of the property lying within 200 feet from the property line of such park, consent in writing to the establishment of the park; provided, however, the provisions of this subsection shall not apply to manufactured home parks already in existence, and in operation on July 1, 2010 and such existing and operating parks shall be treated as nonconforming uses insofar as the requirements of this subsection are concerned.
    2. Responsibilities of the park management.
      1. Any person to whom a license for a manufactured home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
      2. The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.
      3. The park management shall supervise the placement of each manufactured home in conformance with the state manufactured housing standards act.
      4. The park management shall maintain a register containing the name and address of each occupant.

        The park management shall keep such register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of two years following the date of registration.
      5. The park management shall be responsible for all refuse collection charges for all units not separately metered with a water account in the name of the occupant.
      6. The park management shall be responsible for posting all lot numbers on each lot, which lot numbers shall be visible from the street and shall be at least four inches in height.
      7. The park management shall be responsible for maintaining common areas, utilities, and private streets within the manufactured home park.
      8. The park management shall comply with all applicable requirements of this chapter and shall maintain the manufactured home park, its facilities and equipment in good repair and maintain clean and sanitary conditions throughout the park.
    3. Responsibilities of park occupants.
      1. Each park occupant shall comply with all applicable requirements of this chapter and shall maintain the manufactured home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
      2. Each park occupant shall be responsible for the proper placement of the manufactured home and installation of all utility connections in accordance with the state manufactured housing standards act.
      3. Skirting, as described in § 153.30(A)(3) above, shall be required. Porches, awnings and other additions shall be installed only if permitted and approved by the park management and permitted by the city, and when installed shall be maintained in good repair. The space immediately underneath a manufactured home is prohibited from being used as storage space.
    4. Required. It shall be unlawful for any person to operate or maintain within the city limits any manufactured home park or travel trailer park without first obtaining a license from the City of Rusk.
    5. Applications; contents, filing.
      1. An application for an original license required in this Section shall be in writing, signed by the applicant and shall contain the following:
        1. The name and residence address of the applicant;
        2. The exact location and a legal description of the park;
        3. A complete site development plan of the park, showing the following:
          1. The area and dimensions of the tract of land;
          2. The number, location and size of all manufactured homes and lots;
          3. The location and width of roadways and walkways;
          4. The location of all utility lines;
          5. Plans and specifications of the water supply and refuse and sewage disposal facilities;
          6. Plans and specifications of all buildings constructed or to be constructed within the park;
          7. The location and details of lighting and electrical systems.
      2. Applications for the original license shall be filed with the Building Official. All applications must be reviewed and approved by the planning and zoning commission and the City Council. The planning and zoning commission will make a recommendation to the City Council and the City Council has final approval of the license. If the applicant is found to be in compliance with all the provisions of this chapter and all other applicable ordinances, statutes and regulations of the city and the state, the City Council may approve the application, and in the case of proposed parks, make such approval contingent upon the completion of the park according to the plans and specifications submitted with the application. The Building Official, at the direction of the City Council, shall issue the license.
    6. Renewal. Each year an application for renewal of a license shall be made in writing to the Building Official. The application must be submitted at least 60 days prior to the expiration of the current license. An annual inspection of the park conducted by the Building Official, Code Enforcement Officer, and the Fire Marshall shall be required prior to the license renewal. The renewal is subject to administrative approval by the Building Official. Any denial of a license may be appealed to the City Council within 30 days of the denial.
    7. Annexed parks. The owner of any manufactured home park presently situated outside the city limits whose park shall be taken into the city limits subsequent to the passage of the ordinance from which this section is derived shall make application for a license within 60 days from the date of annexation and shall, within two years from the date of annexation, fully comply with the terms and provisions of this chapter.
    8. Time for compliance. Existing manufactured home parks within the city limits shall have six months from the effective date of this chapter to comply with all provisions of this chapter.
    9. Transfer. No manufactured home park license is transferable. Upon a transfer of ownership, the new owner must apply for a license within 30 days of the transfer date.
    10. Suspension and revocation of a license. The City Council may suspend any license to maintain and operate a manufactured home park for up to 60 days if any of the provisions of this section are violated. Before such license may be suspended, the City Council shall hold a hearing to determine whether such license shall be suspended. The City shall give notice of such hearing to the licensee in writing, stating the date, time, and place of such hearing. The license may be reinstated within 60 days only if the circumstances leading to the suspension of such license have been remedied and the park is being operated and maintained in full compliance with this chapter and all other applicable laws. If after 60 days the circumstances leading to the suspension of the license are not remedied, the City Council may revoke the manufactured home park license. Should a license be revoked, all tenants will be required to vacant the premises within 90 days.
    11. Grading and drainage. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
    12. Nonresidential uses. No part of any park shall be used for nonresidential purposes, except such uses as are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
    13. Separation between buildings. Manufactured homes shall be separated from each other and from other buildings and structures by at least 20 feet; provided, however, manufactured homes placed end-to-end may have a clearance of ten feet where opposing rear walls are staggered. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak and porch which has a floor area exceeding 25 square feet, and an opaque top or roof, for purposes of all separation requirements, shall be considered to be part of the manufactured home.
    14. Recreation areas.
      1. In all parks accommodating or designed to accommodate 25 or more manufactured homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.

        The size of such recreation areas shall be based upon a minimum of 100 square feet for each lot. No outdoor recreation area shall contain less than 2,500 square feet.
      2. Recreation areas shall be so located as to be free of traffic hazards and, where the topography permits, should be centrally located.
    15. Setbacks, buffer strips and screening.
      1. All manufactured homes shall be located at least 25 feet from any park property boundary line abutting upon a public street or highway and at least 15 feet from other park property boundary lines.
      2. All manufactured home parks located adjacent to industrial or commercial land uses shall be provided with screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses.

153.36 Establishment Of Commercial And Mixed Use Districts

The following commercial districts are established in the City of Rusk:

AbbreviationDistrict Name
B-1Local Business District
B-2General Business District
PMXUMixed Use
PDPlanned District
OTCOld Town Center

153.37 District Purpose

  1. B-1 Local Business District. This district is primarily intended to accommodate a wide variety of professional offices intermixed with neighborhood-serving retail sales or service uses. Provide for retail and service uses which serve surrounding residential and business activities. Local Business District serves local residents/employees rather than regional patrons.
  2. B-2 General Business District. This district is primarily intended as a catch-all district to include retail, office, and entertainment and service uses at medium densities. General commercial serves regional as well as local patrons. This category includes a broad variety of office, big box retail and general business service uses whether located in centers or in standalone buildings. Uses are generally larger in scale and are more automobile-oriented in nature.
  3. PMXU Mixed Use District. This district provides centers where higher density development, redevelopment, and/or a broader spectrum of land uses are encouraged.
    Mixed-Use areas located at or near interstate interchanges and the intersections of major thoroughfares are intended to maximize the economic development potential of these areas by providing areas primarily for more intensive commercial, office, and limited industrial purposes.
    The other Mixed-Use areas are intended to provide flexibility in design and land uses in order to protect and enhance the character of the area. Moderate, to high-density residential uses should be encouraged in the mixed-use areas where such development would compliment and be harmonious with existing and potential development. It must be designed in a matter to promote pedestrian activity through a system of interconnected streets and varied streetscapes that also provide safe and efficient movement of vehicular traffic.
    Upon request of the Mixed Use Zoning District the development parameters must be submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council. The development parameters must be submitted in the form of a site development plan containing sufficient detail for evaluation by the Planning and Zoning Commission and City Council.
  4. PD Planned District. This district is primarily intended to provide for development of unique and innovative forms by utilizing the total space within a development by creating common open spaces, scenic and recreational areas, and other spaces, which will compensate for higher density development.
    The development parameters are submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council. The development parameters must be submitted in the form of a site development plan containing sufficient detail for evaluation by the Planning and Zoning Commission and City Council. The Planned District may be requested in conjunction with any zoning category.
  5. OTC Old Town Center. This category encompasses the historic Downtown area and Courthouse square that promotes a mixture of office, retail, institutional, civic and certain light intensity residential uses intermixed through compatible site planning and building design consistent with the historic fabric of the area. Any mixed use occupancy that will incorporate residential areas shall first make application for site plan approval.
HISTORY
Amended by Ord. Amending Chapter 33 Chapter 97 UDC on 9/9/2021
Amended by Ord. 2202-06 UDC Amendments on 9/23/2022

153.38 Allowed Uses

  1. Permitted uses. Uses identified with an "X" are permitted by right in the designated zoning districts, subject to compliance with all other applicable provisions of this chapter.
  2. Planned uses. Uses identified with a "P" require site or narrative development plan approval. Development is to be consistent with the approved site or narrative development plan. If the property is undeveloped, any proposed use shall be consistent with design parameters approved with the zone change.
  3. Special uses. Used identified with an "S" in the use table may be allowed in the designated zoning districts if approved in accordance with the special use approval procedures. Approved special uses are subject to compliance with all other applicable provisions of this chapter.
  4. “Use” means an activity or function carried out on an area of land, or in a building or structure located thereon. Any use comprising the sole or main use on the site is considered the primary use of the site. Any use subordinate or incidental to the primary use on a site is considered an accessory use. Permanent Cosmetics and/or Piercing salons, as defined in “Definitions,” which are an accessory and related retail land use to a use already allowed in the zoning district in which the primary use is located, shall be considered an accessory use provided the area utilized for the permanent cosmetic application or piercing salon occupies less than 25 percent of the floor area the primary use and the business is not open between the hours of 9:00 p.m. and 8:00 a.m.
    1. A piercing salon may be considered an accessory and related retail land use if it is associated with one or several of the following uses:
      1. Grooming & Hygiene Salon
      2. Kiosk (Service)
      3. Large Retail (w/Gas Sales)
      4. Tailor Shop and
      5. Variety Stores
    2. Permanent Cosmetics may be considered an accessory and related retail land use if it is associated with one or several of the following uses:
      1. Grooming & Hygiene Salon,
      2. Funeral Home,
      3. Outpatient Care Clinic/Center,
      4. Medical and Dental Offices, and
      5. Hospital.
  5. Temporary uses. Uses identified with a "T" in the use table are uses that require a temporary use permit with accordance with temporary uses procedures.
  6. Prohibited uses. Uses that have no letter in the use table are expressly prohibited.
HISTORY
Amended by Ord. Amending Chapter 33 Chapter 97 UDC on 9/9/2021
Amended by Ord. 2202-06 UDC Amendments on 9/23/2022

153.39 Dimensional Standards

All developments in commercial districts must comply with Table 153-2 Dimensional Standards for Commercial Districts.

Table 153-2. Dimensional Standards-Commercial Districts

Commercial Districts
B-1B-2PMXUPDOTC
Minimum lot area (sq. ft.)
014,000No minimum a.None
Minimum lot area per unit (sq. ft.)
7,00014,000No minimum a.None
Minimum street frontage (linear ft.)
5050No minimum a.None
Setbacks
Front10100a.0
Rear10100a.0
Rear (Adjacent to Residential)
252525a.0
Side interior
550a.0
Side corner
10100a.0
Side (Adjacent to Residential)
252525a.0
Maximum lot coverage (%) 60%50%No minimum a.None
Maximum height (stories)
366a.None
a. Submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council.

153.40 Establishment Of Industrial Districts

The following industrial districts are established in the City of Rusk:

Abbreviation
District Name
LILight Industrial District

153.41 District Purpose

  1. LI Light Industrial District. This district is primarily intended to provide for location and development of low impact industries and supporting commercial and public uses, which generate relatively low levels of noise, smoke, odor, dust, or intense light. These industrial and manufacturing uses may require good accessibility to air, rail, or street transportation routes.

153.42 Allowed Uses

Uses are allowed in industrial districts in accordance with Article III, Division A, Table 153-5.

153.43 Dimensional Standards

All developments in industrial districts must comply with Table 153-3 Dimensional Standards for Industrial Districts, with the exception of Industrial Parks over five acres in size.

Industrial Parks over five acres in size are not required to meet dimensional standards as set forth below, but are subject to the City of Rusk's adopted Building Code.

Table 153-3. Dimensional Standards-Industrial Districts

Industrial Districts
LIIndustrial Park (Zoned LI)
Minimum lot area (sq. ft.)
15,0005 acres
Minimum lot area per unit (sq. ft.)
15,0005 acres
Minimum street frontage (linear ft.)
80None
Front250
Rear250
Side interior200
Side corner250
Side (Adjacent to Residential)
5050
Maximum lot coverage (%)
50%None
Maximum height (stories)
6(a.)None
Maximum height (stories) When any lot line adjoins residential
3(b.)None
a. No building in LI shall exceed six standard stories unless one foot of setback from all lot lines is maintained for each foot above such height limit.
b. No building in LI shall exceed three standard stories unless one foot of setback from all lot lines is maintained for each foot above such height limit.

153.44 Establishment Of Overlay And Special Purpose Districts

The following overlay and special purpose districts are established in the City of Rusk:

Abbreviation
District Name
OTC-OOld Town Center Overlay
POProfessional Office
INTInstitutional
C-OCorridor Overlay
PDPlanned District
P-OSParks and Open Space District

153.45 District Purpose

  1. OTC-O Main Street Overlay District. This district is primarily intended to implement the Rusk Future Land Use Plan by preserving and protecting the unique character of downtown. As an overlay district, the OTC-O is applied in conjunction with the underlying zoning district(s) for the area.
  2. PO Professional Office District. This district is primarily intended to accommodate office uses that serve as a buffer between commercial and residential areas. It is also intended to facilitate the conversion of residential properties that are located in an area in transition from residential to other uses.
  3. INT Institutional District. This district is to provide for the development and regulation of medical facilities such as hospitals, public buildings, as well as educational facilities, and all related and accessory facilities including classrooms, offices, dormitories, indoor and outdoor recreational facilities.
  4. C-O Corridor Overlay District. The C-O district is primarily intended to improve the aesthetic environment of the city's major commercial streets and arterial corridors.
  5. PD Planned District. The PD district is primarily intended to provide for development of unique and innovative forms by utilizing the total space within a development by creating common open spaces, scenic and recreational areas, and other spaces, which will compensate for higher density development. The development parameters are submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council.
    The development parameters must be submitted in the form of a site development plan or a written narrative containing sufficient detail for evaluation by the Planning and Zoning Board and City Council. The Planned District may be requested in conjunction with any zoning category.
  6. P-OS Parks and Open Space District. This P-OS district is predominately active and passive parks, open space, recreation, environmentally sensitive areas, or any other lands reserved for permanent open spaces.

153.46 Allowed Uses

Uses are allowed in these special districts in accordance with Article III, Division A, Table 153-5.

153.47 Dimensional Standards

All developments in these special districts must comply with Table 153-4 Dimensional Standards for Special Districts.

Table 153-4. Dimensional Standards for Special Districts

Special Districts
OTC-O
POINTC-OPDP-OS
Minimum lot area (sq. ft.)
Base zone applies
7,0003 AcresBase zone applies
a.1 Acre
Minimum lot area per unit (sq. ft.)
Base zone applies
7,0003 AcresBase zone applies
a.1 Acre
Minimum street frontage (linear ft.)
Base zone applies
3080Base zone applies
a.50
Setbacks
FrontBase zone applies
1525Base zone applies
a.25
RearBase zone applies
1510Base zone applies
a.25
Side interiorBase zone applies
55Base zone applies
a.5
Side cornerBase zone applies
1010Base zone applies
a.10
Maximum lot coverage (%)
Base zone applies
60%80%Base zone applies
a.20%
Maximum height (stories)
Base zone applies
2.5No maximumBase zone applies
a.2
a. Submitted by the developer and subject to approval by the Planning and Zoning Commission and City Council.

153.48 Planned Development And Planned Mixed Use District Regulations

  1. Purpose and objectives. The purpose and intent of the Planned Development (PD) and Planned Mixed Use (PMXU) districts is to create unified standards for development in order to provide flexible, customized zoning and subdivision standards to encourage imaginative and innovative designs for the development of property in the City consistent with this chapter and in accordance with the City of Rusk Master Plan. The PD/PMXU rules are designed:
    1. To allow development harmonious with nearby areas;
    2. To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;
    3. To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space and lower construction and maintenance costs;
    4. To encourage harmonious and coordinated development by developing plans that better address natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;
    5. To enable productive development of land with unusual physical or location characteristics that may not be feasible under standard zoning district regulations;
    6. To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and
    7. To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development.
    The PD/PMXU plan shall be prepared and approved in accordance with the provisions of this chapter.
  2. Mixed use development. The PD and PMXU districts may include and allow for compatible mixed uses such as residential, commercial and/or industrial uses within a single project in order to provide the flexibility required for a well-designed and innovative development. Zoning uses may also be vertically integrated within a building or area.
  3. Flexible planning. When considering a PD or PMXU, the unique nature of each proposal may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances. Final approval by the City Council shall constitute authority and approval for such flexible planning to the extent that the PD or PMXU, as approved, departs from existing codes and ordinances. The flexibility permitted for a PD or PMXU does not imply that any standard or requirement will be varied or decreased.
  4. Rules applicable. The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may attach a PD or PMXU district designation to any tract of land in the City. In approving a PD or PMXU, the City Council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including standards and regulations for items listed below. Under the PD designation the following rules apply:
    1. A PD and PMXU district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting, etc. would create a protective transition between a lesser and more restrictive district. A PD or PMXU district requires a minimum of five acres unless approved by the City Council.
    2. In approving a PD or PMXU, additional uses not permitted in the base zoning district(s) may be permitted.
    3. Standards required by the base zoning district(s) apply in a PD and PMXU except that the following regulations and standards may be varied in the adoption provided that the plan is consistent with sound urban planning and engineering practices:
      1. Front, side and rear setbacks;
      2. Maximum height;
      3. Lot coverage;
      4. Off-street parking (a PD or PMXU may propose a shared parking agreement, use limitations or other proposal to reduce off-street parking requirements);
      5. Special district requirements pertaining to the base zoning;
      6. Lot size including, but not limited to, lot and yard area, widths and depths;
      7. Accessory buildings and uses;
      8. Signage;
      9. Landscaping and tree preservation;
      10. Architectural, building materials and colors;
      11. Outdoor lighting;
      12. Fencing;
      13. Outdoor display and storage;
      14. Hours of operation;
      15. Land use intensity and density;
      16. Project phasing and scheduling;
      17. Building square footage;
      18. Open Space/Green Space requirements;
      19. Other similar standards.
    4. The PD and PMXU shall result in overall higher standards than what would be provided by the base zoning district.
    5. As examples: (1) if residential lot sizes are decreased or development densities are increased, the PD and PMXU will be expected to significantly exceed other standards such as green space and parkland, landscaping, architectural controls, thoroughfare or other transportation improvements, creation of unique characteristics of the neighborhood, retention of significant trees and/or provision of public facilities, etc., or (2) if building/development setbacks are proposed to be decreased, other standards would be expected to be increased such as landscaping, retention of significant trees, architectural controls, land uses and/or unique site layout standards, etc.
    6. If the PD or PMXU is proposed to be developed in multiple phases, the phasing of improvements shall reflect consideration toward establishing important objectives such as screening, landscaped areas, open space and recreational areas and amenities, necessary transportation improvements, and protections against negative impacts and safety features in the early phases of the development.
  5. Site plan. Upon zoning application or prior to issuance of a building permit, a Site Plan of the entire property within the PD or PMXU will be considered by the Planning and Zoning Commission prior to any recommendation to, or consideration by, the City Council of the district ordinance. A Site Plan may also be considered as a Preliminary Plat for subdivision purposes if it meets the standards of a Preliminary Plat as contained in the Subdivision Ordinance.

    If an applicant requests that the PD or PMXU Site Plan also be considered as a Preliminary Plat, the applicant shall pay fees in accordance with the most current adopted fees for such Preliminary Plat in addition to applicable zoning application fees and other related fees. In addition, the notification, expiration, extension, revision and responsibility rules contained in the Subdivision Ordinance for the Preliminary Plat shall apply.

    The following rules shall be applicable to the Site Plan:
    1. Approval of a Site Plan will determine the location and mix of uses. If considered appropriate in the opinion of the City Council, the Site Plan will also contain additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including standards and regulations for items listed in subsection (d) above.
    2. The Planning and Zoning Commission and/or City Council may approve, request modifications, or deny approval of the Site Plan based on evaluation of details on the plan with respect to:
      1. The plan's compliance with all provisions of the Subdivision and Zoning ordinances and other ordinances of the City;
      2. The impact of the development on the surrounding properties and neighborhood;
      3. The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts;
      4. The provision of a safe and efficient vehicular and pedestrian circulation system;
      5. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged;
      6. The sufficient width and suitable design and location of streets to accommodate prospective traffic and provide access for emergency equipment to buildings;
      7. The coordination of streets so as to comprise a convenient system that retains neighborhood integrity, is adequate to service projected traffic, is safe, protects the public welfare, and is consistent with any approved plans of the City.
      8. The use of landscaping, screening and tree retention to provide buffers to shield lights, noise, movement or activities from adjacent properties; and to complement the design and location of buildings and be integrated into the overall site design.
      9. The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
      10. The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
      11. The method, timing and sequence of phasing of improvements;
      12. Other similar aspects of the Site Plan.
  6. Amendments. Consideration of amendments to a PD or PMXU will take into consideration the effect of the proposed development on the remainder of the property and adjacent properties and neighborhoods.

    Amendments to the PD or PMXU that are substantive shall require public hearings in the manner required for any other zoning change.

    Minor changes that do not affect the major features or characteristics or significantly change the boundaries of a use area shown on the Site Plan may be approved administratively as determined by the appropriate departments. Major changes shall not include changes that alter the basic relationship of the proposed development to adjacent property; change the uses permitted; increase the density, building height or coverage of the site; reduce yards provided at the boundary of the site or reduce the amount of land designated for open space. Minor changes may include minor adjustments to lot lines, parking and loading areas, driveways, parking counts, building configurations and orientations, architectural design, building materials, landscape materials, tree retention, street alignments, sidewalks, drainage facilities, project phasing, lighting, signage, site layout, changes of 5% or less in the areas of land use or other similar features.
  7. Ordinance amendment. Every PD and PMXU district approved under the provisions of this chapter is considered an amendment of this chapter as to the property involved. All PD and PMXU districts will be referenced on the Zoning District Map.
  8. Certificate of occupancy. All PD and PMXU district conditions and special regulations must be complied with in the PD or PMXU, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a PD or PMXU district, or, if applicable, the separate section or phase being developed.