A.

Land use table legend. The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed as being "Permitted", permitted by "Specific Use Permit", and prohibited uses as signified by blank cells. Conditions are provided in section 5-2, Special Conditions for Listed Uses. Any use not expressly authorized and permitted herein is expressly prohibited.

(Ord. No. 2002-09, § 1, 6-18-02; Ord. No. 2003-03, § 1, 4-1-03; Ord. No. 2003-14, § 1, 12-2-03; Ord. No. 2004-09, § 1, 4-20-04; Ord. No. 2004-21, § 2, 12-21-04; Ord. No. 2005-03, § 1, 2-15-05; Ord. No. 2007-08, § 1, 3-20-07; Ord. No. 2009-10, § 1, 7-21-09; Ord. No. 2009-13, § 1, 9-1-09; Ord. No. 2011-02, § 1, 3-15-11; Ord. No. 2011-16, § 1, 8-16-11; Ord. No. 2011-18, § 2, 8-16-11; Ord. No. 2012-08, § 1, 2-21-12; Ord. No. 2012-09, § 1, 2-21-12; Ord. No. 2012-17, § 1, 10-16-12; Ord. No. 2013-04, § 1, 2-19-13; Ord. No. 2013-13, § 1, 8-20-13; Ord. No. 2014-04, §§ 1—3, 2-18-14; Ord. No. 2014-07, §§ 1, 2, 4-1-14; Ord. No. 2014-08, § 2, 4-15-14; Ord. No. 2018-03, § 1, 4-17-18; Ord. No. 2018-13, § 1, 8-21-18; Ord. No. 2018-22, § 1, 12-18-18; Ord. No. 2019-12, § 1, 8-13-19; Ord. No. 2020-02, § 1, 2-18-20; Ord. No. 2020-03, § 1, 2-18-20; Ord. No. 2020-06, § 2, 3-17-20; Ord. No. 2020-07, § 1, 3-17-20; Ord. No. 2020-16, § 1, 8-18-20; Ord. No. 2021-11, § 1, 4-20-21; Ord. No. 2021-13, § 1, 5-18-21; Ord. No. 2021-19, § 1, 8-16-21; Ord. No. 2022-11, § 5(Exh. A), 9-6-22; Ord. No. 2022-08, § 1, 10-18-22)

A.

Description of land use table conditions and special regulations. The following describe conditions and special regulations for uses listed in the permitted use table. Additional requirements may be added to these herein by the planning and zoning commission or city council as deemed necessary to protect the health, safety, and gen-eral welfare of the citizens of Saginaw. No construction or occupancy shall commence for any permitted use until the conditions herein stated or required by the planning and zoning commission and city council have been met.

1.

A site plan will be required in accordance with section 8-1, Site Plan Requirements.

2.

A site plan, in accordance with section 8-1, Site Plan Requirements, will only be required in districts which require a specific use permit.

3.

All storage shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

4.

Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

5.

May not be located within 300 feet of any property zoned for a residential use or any property which is occupied by a church, public school, day care or nursing home. The measurement of distance shall be measured as a radius from the edge of the property line.

6.

Permitted on a temporary basis only, in accordance with section 8-7, Temporary Uses and Special Events.

7.

All outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential uses.

8.

Any proposed stable or barn must be set back 150 feet from a residential property line. Only animals permitted within the corporate limits by the City Code will be permitted on site.

9.

Pens, outdoor kennels, or animal runs must be located 150 feet from any residentially zoned property.

10.

A copy of the state certification of licensing or registration as described in Section 42.052 of Chapter 42 - Texas Human Resources Code must be provided to the city.

11.

Shall not be used for the storage of wrecked vehicles, or the dismantling of vehicles or the storage of vehicle parts.

12.

All vehicles being stored for repair shall be screened from all public rights-of-way.

13.

All equipment shall be stored and displayed on a hard all weather surface.

14.

Antenna and towers shall be permitted and regulated in accordance with section 8-14, Wireless Communications Facilities.

15.

Oil and gas wells shall comply with Ordinance No. 2007-09, as it may be amended. No gathering station/compressor stations shall be permitted in SF-1, SF-2, SF-3, SF-4, ZLL, DX, MF1, MF2 and MH zoning districts.

16.

Accessory dwelling/garage apartments are limited to a maximum of 500 square feet.

17.

Any business which uses the operation of motor vehicles on site, such as go cart tracks, shall not be located within 500 feet from any residentially zoned property.

18.

Mini-warehouses.

a.

The principal access to the mini-warehouse complex shall be provided by an access drive of not less than 24 feet in width;

b.

The lot area used for mini-warehouse structures facing onto a public street shall not be greater than 100 feet in width including the access drive. The remainder of the lot devoted to the mini-warehouse use shall not face on any other public street;

c.

The boundary of the mini-warehouse complex shall be screened by walls or other devices from any adjoining use that, in the opinion of the council, is incompatible with the mini-warehouse use.

19.

Shall comply with the regulations of article 10, Retirement Housing Regulations.

20.

Any nonresidential use abutting a residentially zoned property shall be screened from public view by a solid fence, wall, berm, live plant material, or any combination thereof.

21.

Must comply with regulations provided in section 8-6.D., Carport.

22.

Requires a traffic impact analysis (TIA) to be submitted. If a site plan is required, the TIA shall be submitted with the site plan.

23.

Prohibited on property adjacent and contiguous to US Business 287 or on property within 500 feet of any single-family, two family or multifamily zoned property ("residential property") located within the territorial limits of Saginaw. The measurement of the distance set forth herein shall be calculated from the nearest point on the property line of the proposed bingo hall site to the nearest point on the property line of the residential property, in a straight line, without regard to intervening structures or objects.

24.

Line compressor stations shall be subject to the minimum development criteria set forth in section 8-16 hereof.

25.

Submit copy of property owner agreement, including restroom usage agreement evidencing a restroom within 500 feet of stand. All items associated with the stand shall be removed at the end of the permitted season. The building housing the use may not exceed 120 square feet. Operations may only occur on and between the days of March 1 and October 31 each year.

26.

Stand-alone restaurants shall be a minimum of 1,000 square feet.

27.

Clinics shall be permitted by right within the clinic overlay district irrespective of the underlying (base) zoning district classification, subject to the requirements of section 7-3, hereof. No specific use permit shall be required.

28.

Mobile food unit parks must provide on-site restroom facilities, a paved surface for mobile food unit parking, and access to refuse containers. If connections to city utilities are provided, a properly sized grease trap must be installed to serve the park.

(Ord. No. 2005-03, § 2, 2-15-05; Ord. No. 2007-08, § 2, 3-20-07; Ord. No. 2009-10, § 2, 7-21-09; Ord. No. 2009-13, § 2, 9-1-09; Ord. No. 2012-08, § 2, 2-21-12; Ord. No. 2012-09, § 2, 2-21-12; Ord. No. 2014-08, § 3, 4-15-14; Ord. No. 2018-03, § 2, 4-17-18; Ord. No. 2020-02, § 2, 2-18-20; Ord. No. 2022-08, § 2, 10-18-22)

It is recognized that new types of land use may develop and forms of land use not anticipated herein may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

A.

Administrative official action. The administrative official shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the proper zoning classification into which such use should be placed. The use interpretation question shall be determined as to the nature of the use and whether it involves dwelling activity, sales, processing; type of product, storage and the amount and nature thereof (i.e., enclosed or open storage); anticipated employment; transportation requirements; the general degree of noise, odor, fumes, dust, toxic material and vibration likely to be generated, if any; and the general requirements for public utilities such as water and sanitary sewer.

B.

Commission action. The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various zoning districts, and determine the zoning district or districts within which such use should be permitted.

C.

Council action. The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall approve the recommendation of the planning and zoning commission, or make such other determination concerning the classification of such use as appropriate, based upon its findings of fact, and amend this ordinance to reflect said findings and decisions.

A.

Purpose. Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the planning and zoning commission and city council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.

B.

Permit required. No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the city council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance.

C.

Application procedure. An application for a special permit shall be filed with the administrative official on a form prepared by the city. The application shall be accompanied by the following:

1.

A completed application form signed by the property owner;

2.

An application fee as established by the city's latest adopted schedule of fees;

3.

A certificate stating that all city and school taxes have been paid to date;

4.

A property description of the area where the specific use permit is proposed to apply;

5.

A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and

6.

Any other material and/or information as may be required by the planning and zoning commission, the city council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city.

D.

Site plan information. A site plan shall contain, at a minimum the following information, as provided in section 8-1, Site Plan Requirements:

E.

Additional information. The following additional information may also be required if deemed appropriate by staff, the planning and zoning commission, or city council.

1.

Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.

2.

Description of the present use, assessed value and actual value of the land affected by the proposed facility.

3.

Description of the proposed use, anticipated assessed value and supporting documentation.

4.

A description of any long-term plans or master plan for the future use or development of the property.

5.

A description of the applicant's ability to obtain needed easements to serve the proposed use.

6.

A description of any special construction requirements that may be necessary for any construction or development on the subject property.

7.

A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.

F.

Council action. The city council may grant such a wavier only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.

G.

Conditions of permit approval. A specific use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist:

1.

The proposed use complies with all the requirements of the zoning district in which the property is located.

2.

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city.

3.

The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.

4.

Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.

5.

The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

6.

The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.

7.

The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.

8.

The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.

9.

Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.

10.

Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties.

11.

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.

12.

The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.

13.

The proposed use is in accordance with the City of Saginaw Comprehensive Land Use Plan.

H.

Additional conditions. In authorizing a specific use permit, the planning and zoning commission may recommend, and the city council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community.

I.

Time limit. A specific use permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the city council.

J.

Revocation of permit. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:

1.

The permit was obtained or extended by fraud or deception.

2.

One or more of the conditions imposed by the permit has not been met or has been violated.

K.

Amendments to specific use permit. The procedure for amending a specific use permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.