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.
|
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.
|
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.
16.13 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)