14.1 
PURPOSE.
The purpose of the “A” Agriculture district is to provide for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural district is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for the orderly growth and development in accordance with the comprehensive plan.
14.2 
PERMITTED USES.
Uses permitted in the “A” district shall be in accordance with Section 11.2, Permitted Use Table. However, the “A” district may have structures and uses that are customarily incidental to farming and ranching uses.
14.3 
DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, and maximum building height, as pertains to the “A” district, shall conform to the provisions provided in the Area Requirements for the “A” Zoning District table.
“A” Zoning District Area Requirements
Maximum Density
1 unit per lot
Minimum Lot Area
2 Acres
Minimum Lot Width
100 ft.
Minimum Lot Depth
200 ft.
Minimum Front Yard
50 ft.
Minimum Side Yard
25 ft.
Minimum Side Yard adjacent to street (corner lot)
50 ft. (same as Front Yard)
Minimum Rear Yard
25 ft.
Maximum Building Height*
None
Minimum Dwelling Size
1,200 sq. ft.
14.4 
OFF-STREET PARKING AND LOADING REQUIREMENTS.
Off-street parking and loading requirements pertaining to uses allowed in the “A” district shall conform to the provisions of Section 27, Off-street Parking and Loading Requirements.
14.5 
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section 24, Accessory Buildings.
(Ordinance 2010-01-149 adopted 1/19/10)
15.1 
PURPOSE.
The purpose of the “SF” Single-Family district is designed to accommodate single-family residential developments on large lots. The district is appropriately located in proximity to agricultural uses.
15.2 
PERMITTED USES.
Uses permitted in the “SF” Single-Family district shall be in accordance with Section 11.2, Permitted Use Table.
15.3 
DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, and maximum building height, as pertains to the “SF” Single-Family district, shall conform to the provisions provided in the Area Requirements for the “SF” Single-Family Zoning District table.
“SF” Zoning District Area Requirements
Maximum Density
1 unit per two gross acres*
Minimum Lot Area
1 Acre
Minimum Lot Width
100 ft. (at building line)
Minimum Lot Depth
100 ft.
Minimum Front Yard
35 ft.
Minimum Side Yard
25 ft.
Minimum Side Yard adjacent to street (corner lot)
35 ft.(same as Front Yard)
Minimum Rear Yard
25 ft.
Maximum Building Height
40 ft.
Minimum Dwelling Size
1,200 sq. ft.
*d.u. = dwelling unit
15.4 
OFF-STREET PARKING AND LOADING REQUIREMENTS.
Off-street parking and loading requirements pertaining to uses allowed in the “SF” district shall conform to the provisions of Section 27, Off-street Parking and Loading Requirements.
15.5 
MASONRY CONSTRUCTION.
Masonry construction shall consist of a minimum of 60 percent of the total ground floor exterior wall surface (exclusive of opening for light, ventilation and access) of residential building structures, to be of brick, stone or combination thereof, or of an equivalent masonry material as approved by the City Council.
15.6 
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section 24, Accessory Buildings.
(Ordinance 2010-01-149 adopted 1/19/10)
16.1 
PURPOSE.
The purpose of the “MH” HUD-Code Manufactured Housing residential district is to provide adequate space and restrictions for the placement of HUD-Code manufactured homes in the City within designated subdivisions. This does not include mobile homes as defined in this ordinance. The “MH” district is also established to provide housing densities compatible with existing and proposed neighborhoods by providing alternative housing types both in construction and economy within the “MH” district. It is the intent of the “MH” district to provide the maximum amount of freedom possible in the design of such developments and the grouping and layout of homes within such developments in order to provide amenities normally associated with planned residential areas.
16.2 
GENERALLY.
Land within the “MH” district will be developed as a HUD-Code manufactured home subdivision. Lots within the “MH” district will be sold to private individuals in strict conformance with the terms and conditions under which the subdivision was approved by the City Council. All roadways within a HUD-Code manufactured home subdivision shall be dedicated to the public. Private interior drives must be approved by the City. Land zoned “MH” which is not developed as a HUD-Code manufactured home subdivision may be developed in accordance with “SF” zoning district regulations. In the “MH” district, no building or land shall be used and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in this ordinance.
16.3 
PERMITTED USES.
Uses permitted within the “MH” Manufactured Housing district shall be in accordance with Section 11.2, Permitted Use Table.
16.4 
DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes, and maximum building height, as pertains to the “MH” district, shall conform with the provisions provided in the Area Requirements for the “MH” Zoning District table.
“MH” Zoning District Area Requirements
Maximum Density
1 dwelling unit per Acre*
Minimum Lot Area
1 Acre
Minimum Lot Width
100 ft. (at building line)
Minimum Lot Depth
100 ft.
Minimum Front Yard
35 ft.
Minimum Side Yard
25 ft.
Minimum Side Yard adjacent to street (corner lot)
35 ft. (same as Front Yard)
Minimum Rear Yard
25 ft.
Maximum Building Height
35 ft.
Minimum Dwelling Size
1,200 sq, ft.
*d.u. = dwelling unit
16.5 
DEVELOPMENT AND INSTALLATION REGULATIONS.
Any property developed within the “MH” district as a HUD-Code Manufactured Home or as a manufactured housing subdivision shall meet the following requirements:
A. 
HUD-Code Manufactured Homes shall have the axles, wheels, and tow bar or tongue removed and shall be secured to a permanent foundation or footing and piers, all in accordance with manufacturer's specifications.
B. 
HUD-Code Manufactured Homes must have a minimum of an eighteen-inch crawl space under all homes.
C. 
A concrete or asphalt surface with good drainage shall cover the area where a home is to be sited.
D. 
Each HUD-Code Manufactured Home site shall have a slab or patio not less than twenty feet in length and six feet in width, comprised of concrete, flagstone, or similar substance installed adjacent to each site.
E. 
HUD-Code Manufactured Homes shall have permanent steps installed at all exits.
F. 
Each HUD-Code Manufactured Home shall have two covered Parking Spaces. All carports shall be built in place. Fiberglass or metal roofs shall be permitted.
G. 
Skirting shall be securely attached between the HUD-Code Manufactured home and the ground on all sides within thirty days of home installation. Skirting materials shall consist of materials which are compatible with the design of the home and enhance its appearance. Unpainted or untreated corrugated metal, screen or wire, fiberglass, or lattice-type skirting is prohibited.
H. 
Construction, siting, and installation of the homes shall be in conformance with applicable federal, state, and local codes and standards, and each manufactured home shall have affixed a seal of the appropriate federal or state department.
I. 
Sanitation, fire protection, and underground utility services shall be provided to each lot in accordance with the City ordinances and regulations.
J. 
Driveways shall be all weather - dust free construction and shall extend from the right-of-way to the carport or garage. No parking will be permitted on any portion of the lot on any other surface than an all weather - dust free surface.
K. 
Drainage and garbage collection right-of-way, fire lanes, and utility easements shall be provided as required by the City. Such can be accomplished by designating all private interior drives within the project as easements for vehicular access and service.
L. 
Soil conditions, groundwater level, drainage, flooding, and topography shall not create hazards to the developed portion of the property or the health and safety of the residents.
M. 
HUD-Code Manufactured Home subdivisions shall be developed at densities comparable to adjacent residential uses or have adequate landscape buffering or open space to provide transition of uses. Adequate landscape buffering or open space for transition purposes shall be determined on an individual site basis and shall be subject to the approval of the City.
N. 
Any structural alteration or modification of a HUD-Code manufactured home after it is placed on the site must be approved by the building official of the City of New Fairview. All structural additions shall comply with the City's building codes and ordinances.
16.6 
SITE-BUILT ADDITIONS.
The addition of peaked roof facades, atrium entrances, garages, porches, and patios are encouraged in order to increase the compatibility with conventional single-family housing in the City.
16.7 
ACCESSORY BUILDING AND STRUCTURE REGULATIONS.
Area regulations for accessory buildings or accessory structures shall be in compliance with Section 24, Accessory Buildings.
16.8 
PARKING REQUIREMENTS.
Parking requirements for the HUD-Code Manufactured Housing District shall be in compliance with Section 27, Off-street Parking and Loading Regulations.
16.9 
INTERIOR DRIVES.
The use of private interior drives must be approved by the City.
A. 
Such interior drives shall have a minimum easement width of fifty (50) feet and shall have a minimum paved roadway width of thirty-one feet (31') back-to-back.
B. 
Public interior streets shall be located within dedicated rights-of-way, and shall have a minimum paved roadway width provided in accordance with the applicable standards in the City of New Fairview Subdivision Regulations.
C. 
All private interior drives, entrances, and service drives shall be constructed in accordance with City design standards. The developer shall bear the total cost of construction and maintenance of all such improvements.
D. 
All parking areas and public streets shall be of concrete or asphalt construction, as approved by the City engineer.
16.10 
UNDERGROUND UTILITIES.
All utility lateral and service lines located within the “MH” District shall be installed underground.
16.11 
OPEN SPACE AREA.
Open space designated for the use and enjoyment of all residents shall be provided within a HUD-Code Manufactured Home subdivision at the ratio of five hundred (500) square feet for each of the first twenty (20) units, and two hundred (200) square feet for each additional unit in excess of twenty (20). Designated open space shall be developed and maintained for recreational and leisure activities and shall be located within the subdivision being developed.
16.12 
RESERVED.
16.13 
PRESERVATION OF SITE ASSETS.
When developing a HUD-Code Manufactured Home Subdivision, the following steps shall be taken to preserve on-site assets:
A. 
Suitable available topsoil and desirable existing trees.
B. 
Shrubs and ground cover shall be preserved and protected where practicable.
C. 
Topsoil which is suitable and needed for later use in finished grading shall be stripped from areas to be occupied by structures, parking areas, streets and driveways, and from areas to be regraded or disturbed. This topsoil shall be collected and stored on the site in convenient places for future use and shall be free of debris during construction.
16.14 
DRAINAGE.
Engineering plans for drainage shall be submitted for review by the City at the time of site plan approval. All applicable requirements of the City shall be met.
16.15 
HUD-CODE MANUFACTURED HOME SALES.
HUD-Code Manufactured Home subdivisions shall be for residential purposes only. Sales of these homes shall be limited to those which become available on the market on an individual basis. Commercial sales and promotion are not permitted.
(Ordinance 2010-01-149 adopted 1/19/10; Ordinance 202212-01-101 adopted 1/3/2023)
17.1 
PURPOSE.
The purpose of the “C” Commercial district is to provide for compatible land, building, and structure uses primarily oriented to select retail convenience goods and services which supply the daily needs of residential neighborhoods, including neighborhood shopping centers, select low intensity office uses, and select community facility uses. The “C” Commercial district is most appropriately located at the intersection of collector streets and arterial streets and as a transition district between moderate and high density residential districts and higher intensity commercial and industrial districts.
17.2 
PERMITTED USES.
Uses permitted in the “C” Commercial district shall be in accordance with Section 11.2, Permitted Use Table.
17.3 
DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “C” district, shall conform with the provisions provided in the “C” Zoning District Area Requirements table.
“C” Zoning District Area Requirements
Minimum Lot Area
0 sq. ft.
Minimum Lot Width
0 ft.
Minimum Lot Depth
0 ft.
Minimum Front Yard
25 ft.
Minimum Side Yard
None, except 35 ft. when adjacent to residential use
Minimum Side Yard adjacent to street (corner lot)
25 ft. (same as Front Yard)
Minimum Rear Yard
None, except 35 ft. when adjacent to residential use
Maximum Building Height
65 ft.
17.4 
OFF-STREET PARKING AND LOADING REQUIREMENTS.
Off-street parking and loading requirements pertaining to uses allowed in the “C” district shall conform with the provisions of Section 27, Off-street Parking and Loading Requirements.
17.5 
MASONRY CONSTRUCTION.
Masonry construction shall consist of a minimum of 65 percent of the total exterior wall surface (exclusive of opening for light, ventilation and access) of structures, to be of brick, stone or combination thereof, or of an equivalent masonry material as approved by the City Council.
(Ordinance 2010-01-149 adopted 1/19/10)
18.1 
PURPOSE.
The purpose of the “M” Manufacturing district is to provide for land, building, and structure uses encompassing a variety of mixed wholesale and warehousing activities, light manufacturing, processing, and assembly plants, general offices, and research and development laboratories. The “I” Manufacturing district is characterized by activities and facilities which are generally incompatible with residential areas by virtue of materials storage yards, truck traffic generation, noises, odors, flammable materials, etc., and rely on direct access to major thoroughfares and highways, and in many cases railroad facilities for the movement of raw supplies and finished products.
18.2 
PERMITTED USES.
Uses permitted in the “I” Manufacturing district shall be in accordance with Section 11.2, Permitted Use Table.
18.3 
DENSITY, AREA, YARD, HEIGHT, AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the minimum lot size, minimum yard sizes, maximum building height, and maximum percent of lot coverage by buildings, as pertains to the “I” district shall conform with the provisions provided in the Area Requirements for the “M” Zoning District table.
“M” Zoning District Area Requirements
Minimum Lot Area
None
Minimum Lot Width
None
Minimum Lot Depth
None
Minimum Front Yard
35 ft.
Minimum Side Yard
None, except 50 ft. when adjacent to residential use
Minimum Side Yard adjacent to street (corner lot)
35 ft.
Minimum Rear Yard
None, except 50 ft. when adjacent to residential use
Maximum Building Height
65 ft.
18.4 
OFF-STREET PARKING AND LOADING REQUIREMENTS.
Off-street parking and loading requirements pertaining to uses allowed in the “M” district shall conform to the provisions of Section 27, Off-street Parking and Loading Requirements.
18.5 
MASONRY CONSTRUCTION.
Masonry construction shall consist of a minimum of 65 percent of the total exterior wall surface (exclusive of opening for light, ventilation and access) of principal administrative structures, to be of brick, stone or combination thereof, or of an equivalent masonry material as approved by the City Council.
(Ordinance 2010-01-149 adopted 1/19/10)
19.1 
PURPOSE.
The purpose of the “PD” Planned Development District is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the City which promote the health, safety, morals, and general welfare of the community. A Planned Development may include a combination of different dwelling types and/or a variety of residential and nonresidential land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.
19.2 
PLANNED DEVELOPMENT USES.
In a Planned Development District, no building or land shall be used, and no building constructed, reconstructed, altered, or enlarged, unless otherwise provided in an approved Planned Development.
19.3 
CONDITIONS FOR PLANNED DEVELOPMENTS.
Planned Developments shall be considered appropriate where the following conditions prevail:
A. 
The project is consistent with the Comprehensive Land Use Plan and the goals and objectives of the City,
B. 
Dwelling units are situated in such a way that an appreciable amount of open space is available and is integrated throughout the planned development,
C. 
The project utilizes an innovative approach in lot configuration and mixture of residential and commercial type land uses,
D. 
Higher densities than conventional single-family projects of the same acreage are able to provide, with increased open space and appropriate buffering between existing conventional single-family developments,
E. 
Nonresidential uses are situated such that an appreciable amount of land is available for open space or joint use as parking and public access space and is integrated throughout the planned development,
F. 
Aesthetic amenities may be provided in the planned development design which are not economically feasible to provide in conventional residential and nonresidential projects, and
G. 
The project provides a compatible transition, which may include buffer yards, thoroughfares, or transitional uses, between adjacent existing single-family residential projects and provides a compatible transition for the extension of future single-family projects into adjacent undeveloped areas.
19.4 
DENSITY, AREA, AND HEIGHT REGULATIONS.
In approving a Planned Development or a use designation in a Planned Development, the City Council shall specify density, area, height, screening, parking, landscaping, and other development criteria as may be required in Section 19.9, Development Plan Requirements. Such standards shall be indicated on the Development Plan and shall be made a part of the ordinance. No property located in a Planned Development shall be modified as to density, area, height, screening, parking, landscaping or other development criteria unless a Development Plan containing such revised development criteria is approved.
19.5 
OWNERSHIP.
An application for approval of a use designation, Development Plan or Site Plan in the Planned Development may be filed by a person having a legal interest in the property. The application shall be filed in the name(s) of the record owner(s) of the site, which shall be included in the application. The applicant shall provide evidence, in a form satisfactory to the City attorney, prior to final approval, that the applicant has the authority to file the application on behalf of all owners of the site.
19.6 
DEVELOPMENT SCHEDULE.
An application for a use designation for new construction or construction that increases the floor area of the principal structure(s) shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council shall become part of the Planned Development Ordinance and shall be adhered to by the owner, developer, and their assigns or successors in interest.
19.7 
REPORT.
The City shall require the owner/developer of the Planned Development to submit a written report on a basis as determined by the City. Said written report shall describe the progress achieved towards the development schedule. In the event that the owner/developer neglects to provide a written report, as established and agreed to in the Planned Development ordinance, or if the owner/developer neglects to initiate any progress, the City may initiate proceedings to rezone the property to a zoning district deemed appropriate. However, no rezoning effort shall be initiated by the City prior to making an official inquiry of the owner/developer regarding the status of the Planned Development.
19.8 
PLATTING REQUIREMENTS.
No application for a building permit for the construction of a building or structure shall be approved unless the property on which the proposed improvements are planned has been platted. The plat must meet all the requirements of the City of New Fairview, and must have been approved by the City Council and recorded in the official records of Wise County.
19.9 
DEVELOPMENT PLAN REQUIREMENT.
An application for a Planned Development, or approval of a use designation in a Planned Development which will require new construction which increases the floor area of the principal structure(s) or a change in the development criteria applicable to the site shall include and be accompanied by a Development Plan, which shall become a part of the amending ordinance. The Development Plan shall include the following information:
A. 
A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five feet, or spot grades where the relief is limited.
B. 
Where multiple types of commercial land uses are proposed, a land use plan delineating the specific areas to be devoted to various commercial uses shall be required.
C. 
A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical exampleindicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown.
D. 
A designation of the maximum building coverage of the site shall be indicated upon the Development Plan. General footprint of buildings shall be indicated showing the approximate position and sizes of any proposed structures.
E. 
Landscaping and screening shall be provided as required in Section 29, Landscape Regulations and shall be indicated on the Development Plan.
F. 
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the administrative official and interpretation by the Building Inspector.
Any amendment to a Development Plan must be approved by ordinance following public notice and a public hearing meeting the requirements of Section 39.3, Procedure.
19.10 
SITE PLAN REQUIREMENT.
Prior to issuance of a building permit, for new construction or construction which increases the floor area of the principal structure(s) or construction that changes the development criteria for the site, a Site Plan in accordance with Section 20, Site Plan Requirements will be required. The Site Plan shall be presented for approval to the City Council. The Site Plan may be submitted concurrently with the Development Plan. If the Development Plan and the Site Plan are submitted separately, a separate public hearing and action shall be required for both submittals.
19.11 
COMBINED AND ABBREVIATED DEVELOPMENT AND SITE PLAN SUBMITTAL.
If application is made for a new use designation in a Planned Use Development on a site which contains existing improvements which are not proposed to be enlarged, the following combined and abbreviated Development and Site Plan shall be permitted in place of a Development Plan. A combined and abbreviated Development and Site Plan shall contain the following:
A. 
A scale drawing showing existing building and proposed use designations, easements, points of ingress and egress from existing public streets, the arrangement and provision of off-street parking and off-street loading, and the location of landscaping and screening provided on site. These items shall be shown on an accurate survey of the boundary of the lot. All of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the administrative official and interpretation by the building inspector.
B. 
Combined and abbreviated Development and Site Plan must be approved by ordinance following public notice and a public hearing meeting the requirements of Section 39.3, Procedure.
19.12 
ADMINISTRATIVE APPROVAL OF DEVELOPMENT PLAN AND SITE PLAN.
A Development Plan and Site Plan may be approved by the administrative official without the approval of the City Council if said application is located within an existing structure and does not increase the floor area of the existing structure and does not change the existing use on the site. The administrative official may, for any reason, elect to present the Development Plan or Site Plan to the City Council for approval.
(Ordinance 2010-01-149 adopted 1/19/10)