Except as specifically provided elsewhere in this Zoning Ordinance, dwelling height and building density shall be not more than, and yards and lot size shall not be less than are specified in the Table below for the type of use in the district in which such use is located.
A. 
Residential District Regulations.
Development in residential districts shall conform to the following regulations.
Development Standard
R&E
RS-1
RS-2
RS-3
R-G
MHP
MHS
Minimum Lot Area (sq. ft.) [1]
Single-Family Unit
43,560
5,500
5,500
 
-
-
-
Two-Family Unit
-
-
6,500
6,500
 
-
-
Gardenhome Unit
-
-
-
 
5,500
-
-
Multifamily Project or Group Home
-
-
-
7000
 
-
-
Manufactured Home
-
-
-
 
-
4,600
4,600
Mobile Home
-
-
-
 
-
4,600
4,600
Minimum Lot Dimensions (feet in width x feet in depth)
Single-Family Unit
150x150
50x110
50x110
 
 
-
 
Two-Family Unit
-
-
50x110
50x110
 
-
-
Gardenhome Unit
-
-
-
 
50x110
-
-
Multifamily Project or Group Home
150x150
5x100
50x100
-
 
 
-
Manufactured Home
-
-
-
-
 
40x115
 
Mobile Home
-
-
-
-
 
-
40x115
Minimum Front Yard (feet)
40
25
25
15
15
20
20
Minimum Side Yard (feet)
One side yard (minimum)
15
5
5
[3]
0
20
5
The other side yard (minimum)
15
5
5
 
5
20
5
Minimum Rear Yard (feet)
20
20
20
10
5/sing
15/Mul
20
20
Maximum Floor Area Ratio
.20
.40
.50
.60
.60
.40
.40
Maximum Height
In feet
35
35
35
35
-
 
-
In stories
2-1/2
2-1/2
2-1/2
2-1/2
-
 
-
Maximum Density (units/acre)
-
-
-
-
 
-
 
NOTES:
[1]
Additional lot area may be required in circumstances where disposal of septic wastewater will be discharged through on-site waste treatment facilities (including septic systems) in order to meet the requirements of the City’s Code of Ordinances.
[2]
Single-family and two-family units require a minimum 25-foot front yard; multifamily residential and group living structures require a minimum 25-foot front yard; zero lot line and gardenhome units require a minimum 15-foot front yard, except on arterial streets, where the minimum front yard shall be 25 feet.
[3]
Single-family and two-family units generally require a minimum 5-foot side yard on both sides; apartment dwelling units or group homes require a minimum 10-foot side yard on both sides; and zero lot line units generally require one side yard of at least 10 feet, and the other side may be reduced to 0 feet, but not more than one foot. See Subsection D [B] for side separation standards required of gardenhome units.
[4]
Single-family units and two-family units require a minimum 20-foot rear yard; zero lot line gardenhome units require a minimum 15-foot rear yard. Multifamily residential and group living structures require a minimum 20-foot rear yard.
B. 
Additional Standards for Zero Lot Line Dwellings.
1. 
Development of a zero lot line dwelling shall occur only on a lot that has been specifically platted in accordance with the provisions of the Brownfield Subdivision Ordinance to accommodate such a use.
2. 
See Section 303(E).
C. 
Standards for Nonresidential Uses Allowed in Residential Districts.
Principal nonresidential uses allowed in residential zoning districts identified in the table below shall be subject to the same General Development Standards as that certain type of housing which corresponds to such residential district, as follows.
District
Housing Type
R&E
Single-Family Residential
R-1
Single-Family Residential
R-2
Two-Family Residential
R-3
Multi-Family Residential
D. 
Yard Requirements along District Boundaries.
Whenever a block face is intersected by a district boundary, all lots fronting on that block face shall conform with the minimum front yard requirements of the most restrictive district found on that block face.
E. 
Yard Requirements for Accessory Structures.
See Sec. 402 [401]: Accessory Uses and Structures[.]
F. 
Yard Determination by Building Inspector.
Where a lot does not conform to typical lot and block configuration, the Building Inspector shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the Building Inspector shall take into consideration the pattern of adjacent lots, as well as the frontage of lots across an intervening street. Building orientation or address shall not determine yard requirements.
G. 
Additional Standards for Front and Side Yards.
1. 
Where 35% or more of a block face between intersecting streets is developed with buildings which have observed, with a variation of five feet or less, a front yard greater or lesser than required by this Section, new buildings shall not be erected closer to the street right-of-way than the building line so established by those existing buildings. This regulation shall not be interpreted as requiring a minimum front yard of more than 50 feet.
2. 
Where a building line is shown on a plat recorded with the Terry County Clerk, and such building line provides a front yard and/or side yard greater than required by this Section and is part of a comprehensive plan for orderly development of a subdivision with either a uniform or staggered building line, no building shall be located more than 5 feet closer to the street right-of-way than the building line established on the plat, as long as other minimum setback standards of this Section are met.
3. 
For all uses in residential districts and for residential uses in any district, on a corner lot where another lot abutting the rear of that corner fronts onto a side street, there shall be a front yard required on all street side boundaries of that corner lot. The minimum front yard required along street side boundaries (of such corner lots) shall be equal to that minimally required on the interior lot which immediately adjoins each respective required front yard on the corner lot. For the purpose of this subsection, any separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall cause nearby lots to not be abutting.
(Ordinance 1858 adopted 8/16/01)
A. 
Residential Uses in Nonresidential Districts.
Within any nonresidential district, allowed residential uses shall conform with the residential bulk regulations regarding maximum floor area ratio, required yards and height that are most closely associated with the proposed type of residential use.
B. 
Nonresidential District Bulk Regulations.
Except as specifically set forth elsewhere in this Zoning Ordinance, any nonresidential use in a nonresidential district shall conform to the following standards:
Standard
C-1
C-2
C-3
ML
MH
Maximum Height (ft)
35
-
-
-
-
Minimum Lot Area (sq. ft.)
6,000
6,000
6,000
6,000
6,000
Minimum Lot Width (ft)
50
50
50
50
50
Minimum Lot Depth (ft)
80
80
80
80
80
Minimum Front Yard (ft)
25
25
25
25
25
Minimum Side/Rear Yard (ft)
 
 
 
 
 
*NOTE: For the purpose of this Section, separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall not be considered abutting.
C. 
Determination of Yard Requirements.
Where a lot does not conform to the typical lot and block configuration, the Building Inspector shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the Building Inspector shall take into account consideration of the pattern of adjacent lots, as well as frontage of lots across any intervening street. Addresses assigned to existing buildings shall not determine yard requirements.
(Ordinance 1858 adopted 8/16/01)
A. 
Residential.
Only one principal building for single-family or two-family residential use shall be located upon a lot in a commercial zoning district.
B. 
Nonresidential.
More than one principal nonresidential building may be located on a lot, subject to the following requirements:
1. 
The principal buildings shall conform to all of the open space, parking and density requirements applicable to the district where they are located.
2. 
The Building Inspector shall review such projects to ensure an appropriate arrangement of buildings is proposed. Such review shall be subject to appeal to the Zoning Board of Adjustment.
(Ordinance 1858 adopted 8/16/01)
Outdoor storage and display shall be allowed in any nonresidential district in accordance with this Section. Any merchandise, material or equipment situated outdoors shall be subject to the requirements of this Section. For the purpose of this section, outdoor storage and display shall be broken down into three types, as follows.
A. 
Type 1: Outdoor Display.
Type 1 Outdoor Display shall be allowed adjacent to a principal building wall and extending to a distance no greater than 5 feet from the wall. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building.
B. 
Type 2: Limited Outdoor Storage.
Type 2 Limited Outdoor Storage shall not exceed 1,000 square feet or 10 percent of the total site area (whichever is greater), except in OW Districts where additional outdoor storage and display is allowed so long as it is completely screened from view outside the site, by a solid opaque wall or fence at least 6 feet in height.
C. 
Type 3: General Outdoor Storage.
Type 3 General Outdoor Storage shall be allowed in unlimited quantity, subject only to the location restrictions below.
D. 
Exceptions.
1. 
Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this Section.
2. 
Waste generated on site and deposited in ordinary refuse containers shall not be subject to the restrictions of this Section.
3. 
Areas enclosed by solid, opaque walls on at least three sides and covered by a solid, opaque roof shall not be considered outdoor.
E. 
Location of Outdoor Storage and Display.
1. 
Unless specifically authorized elsewhere in the City’s Code of Ordinances, all outdoor storage and display shall be located outside the public right-of-way and/or at least 15 feet from the back edge of the adjacent curb or street pavement.
2. 
No outdoor storage or display shall be allowed in required side yards.
F. 
Allowed Storage Table.
The three types of storage shall be allowed in the districts designated in the Table below.
Use
C-1
C-2
C-3
MH
Type A: Outdoor Display
*
*
 
 
Type B: Limited Outdoor Storage
 
 
*
 
Type C: General Outdoor Storage
 
 
 
*
(Ordinance 1858 adopted 8/16/01)
A. 
General Guidelines.
1. 
If a Planned Development District ordinance does not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the Building Inspector. See the Table below.
Use
Standard
Single-Family Residential
Meet requirements of the single-family residential district that is closest in character to the proposed Planned Development
Multifamily Residential
Meet requirements of the multifamily residential district that is closest in character to the proposed Planned Development
Office
Meet CO, Office Commercial District requirements
C-1 Neighborhood Commercial
Meet CN, Neighborhood Commercial District requirements
C-2 General Commercial
Meet CG, General Commercial District requirements
C-3 Heavy Commercial
Meet CH, Heavy Commercial District requirements
Industrial
Meet ML, Light Manufacturing District requirements
2. 
In the case of differences between requirements of a Planned Development District specifically set forth in a particular PD District ordinance and the listed districts in the Table above, the PD District ordinance requirements shall apply.
3. 
In cases where the Building Inspector and applicant cannot reach agreement regarding the site plan’s conformance with the concept plan or written standards in a PD District ordinance, then the site plan shall be processed as a major site plan by the Planning Commission according to the procedures contained in Sec. 209: Planned Development Review.
B. 
Development Standards.
The following site development standards shall be considered minimum standards unless modified by the approved site plan:
1. 
Setback, landscaping, signage, and off-street parking standards which are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.
2. 
Utility and street standards as established in the City’s Land Development and Subdivision Ordinance. Street paving widths may be reduced, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.
3. 
Drainage standards as required by the Director of Public Works.
4. 
All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.
5. 
If in the opinion of the Planning Commission, adequate access for safety vehicles, and emergency ingress and egress by other vehicles, is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the Planning Commission. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.
6. 
Internal circulation, with approval of the Planning Commission, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the City. A written agreement between the City and the legal entity shall be provided allowing vehicles and personnel of the City when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the City to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner or owners of the obstruction.
7. 
Where private streets are planned, the Planning Commission may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the Planning Commission deems necessary.
8. 
In any planned development in which the provisions of this Zoning Ordinance and the City’s subdivision regulations are in conflict, the Planning Commission, with recommendation from the Building Inspector, shall make the decision as to which shall prevail.
(Ordinance 1858 adopted 8/16/01)
A. 
General Guidelines.
1. 
A Planned Industrial Park ordinance shall establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc.
2. 
Required development standards are set forth in the following Table.
Standard
Requirement
Lot Area (minimum)
6,000 square feet
Lot Width (minimum)
60 feet
Lot Depth (minimum)
100 feet
Front Yard (minimum)
25 feet
Side Yard (minimum)
10 feet
Rear Yard (minimum)
10 feet
Floor Area Ratio (maximum)
.80
Height (maximum)
35 feet/2 stories
3. 
In the case of differences between requirements of a particular Planned Industrial Park ordinance and the standards in the Table above, the Planned Industrial Park ordinance requirements shall apply.
B. 
Development Standards.
The following site development standards shall be considered minimum standards unless modified by the approved site plan:
1. 
Setback, landscaping, signage, and off-street parking standards that are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.
2. 
Utility and street standards as established in the City’s Land Development and Subdivision Ordinance. Street paving widths may be reduced, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.
3. 
Drainage standards as required by the Director of Public Works.
4. 
All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.
5. 
If in the opinion of the Planning Commission, adequate access for safety vehicles, and emergency ingress and egress by other vehicles, is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the Planning Commission. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.
6. 
Internal circulation, with approval of the Planning Commission, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the City. A written agreement between the City and the legal entity shall be provided allowing vehicles and personnel of the City when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the City to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner or owners of the obstruction.
7. 
Where private streets are planned, the Planning Commission may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the Planning Commission deems necessary.
8. 
In any planned industrial park in which the provisions of this Zoning Ordinance and the City’s subdivision regulations are in conflict, the Planning Commission, with recommendation from the Building Inspector, shall make the decision as to which shall prevail.
(Ordinance 1858 adopted 8/16/01)
A. 
Structures Allowed Above Height Limits.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs, flagpoles, chimneys, smokestacks, radio and television antennas, water tanks, silos, or similar structure may be erected above the height limits in Sec. 501 and 502, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space.
B. 
Height in Aircraft Landing Approach Area.
1. 
No building or structure shall be erected, constructed, reconstructed, structurally altered, enlarged or moved within the limits of any restricted zone as set forth and designated by the Airport Zoning Regulations of the City’s Code of Ordinances, so that its height, including all superstructures and appurtenances, will constitute a hazard to the safe landing and take-off of aircraft using the landing area of the airport to which the approach area is appurtenant.
2. 
The regulations referred to in this Section shall be in addition to any other regulations of this Zoning Ordinance establishing building height limits.
3. 
Where there is a question regarding the site-specific height allowed under this section, a determination shall be made by the Brownfield-Terry County Airport Zoning Board after consultation with the appropriate aeronautical authorities.
(Ordinance 1858 adopted 8/16/01)
No uses allowed exclusively in the ML or MH districts shall be allowed within 100 feet of any adjoining residential district.
(Ordinance 1858 adopted 8/16/01)
A. 
Required Privacy Fences.
1. 
A privacy fence shall be required where the side or rear lot line of a nonresidential use is adjacent to either of the following.
a. 
A residential district boundary other than the R&E District.
b. 
An existing residential use.
2. 
This requirement shall not apply when an equivalent fence already exists.
3. 
Properties immediately across a body of water, transportation, drainage or utility right-of-way, street or alley shall be considered adjacent if the intervening body of water, transportation, drainage or utility right-of-way, street or alley, is less than 80 feet wide.
B. 
Height Standards for Required Privacy Fences.
1. 
All privacy fences shall meet the visual clearance requirements of Sec. 510 below.
2. 
Maximum Fence Height in Residential Districts.
a. 
No portion of any fence or enclosure in any residential district, excluding an R&E district, shall exceed a height of 8 feet.
b. 
A substantially open fence with a ratio of solid portion to open portion equal to or less than 1 (solid) to 4 (open) may be constructed up to a height of 10 feet.
3. 
Maximum Height in Required Front Yards.
a. 
Any fence or enclosure extending into a required front yard shall not exceed a height of four feet.
b. 
Fences on land located in the CH, CBD, ML and MH Districts shall be exempt from this requirement.
c. 
In the R&E District, a substantially open fence with a ratio of solid portion to open portion equal to or less than 1 (solid) to 4 (open) may be constructed up to a height of 6 feet.
(Ordinance 1858 adopted 8/16/01)
Except for freestanding signs with appropriate visual clearance below the display area, any fence, structure, sign, tree or landscaping on a corner lot and situated within 30 feet of the intersection of the two street property lines shall not exceed a height of three feet, including topography, measured from the top of the street curb or, in the absence of a raised curb, 3-1/2 feet above elevation of the center of the pavement. For this purpose, the restricted area shall be considered as a triangle rather than an area bounded by an arc.
(Ordinance 1858 adopted 8/16/01)
A. 
Off-Street Parking Required.
1. 
General Requirements.
Except in the C-1 District, no Certificate of Occupancy shall be issued for the use of land or a building for residential, commercial, industrial or any other purpose until adequate off-street parking as required in this Section has been provided.
2. 
Major Repair or Alterations.
a. 
For the purpose of calculating parking, major repair or alteration shall refer to either of the following construction activities: 1) expansion of floor area of an existing building equal to or in excess of 25 percent of the present floor area of the building in question; or 2) repairs or alterations to an existing building that are expected to increase the monetary value of the building by a factor of 50 percent or more, as determined by the Building Official.
b. 
Except in the C-1 District, no Certificate of Occupancy shall be issued for major repair or alteration of an existing attached single-family, two-family, multifamily, commercial or industrial building or structure unless off-street parking in conformity with this Section has been provided.
c. 
Except in the C-1 District, no Certificate of Occupancy shall be issued for major repair or alteration of an existing detached single-family structure unless off-street parking in conformity with this Section is provided. For major repair or alternation of a detached single-family structure, off-street parking and any connection to the right-of-way for the public street or alley may consist of an all-weather surface; a paved surface shall not be required.
3. 
Change of Occupancy.
Except in the C-1 District, no Certificate of Occupancy shall be issued to allow a change from one major occupancy category to another (as identified by the Standard Building Code adopted by the City of Brownfield) unless off-street parking in conformity with minimum standards of this Section has been provided. The amount of additional parking shall be limited to the required parking calculated for the new use minus any required parking calculated for any previous use of the building before off-street parking standards were implemented on March 23, 1954, whether or not adequate parking actually existed for such previous use.
B. 
Required Off-Street Parking Table.
Use
Off-Street Parking Required
RESIDENTIAL
 
Group housing, including assisted living facilities, retirement centers, rooming or boarding houses (not including dormitories or nursing or convalescent homes)
1 space/residential unit
Multifamily dwelling
 
1 Bedroom apartment
1.5 spaces/unit
2 Bedroom apartment
1.75 spaces/unit
3 Bedroom apartment or larger
2.0 spaces/unit
Single-family dwelling or two-family dwelling
2 spaces/dwelling unit
NONRESIDENTIAL
 
Day Care
1.5/employee
Furniture store, including home appliance stores
1 space/400 gross SF
Hotels, motels, dormitories
1 space/2 guestrooms plus 1 space/4 employees
Hospitals, convalescent homes, nursing homes
1 space/4 patient beds plus 1 space/staff doctor and 1 space/4 employees
Office buildings, including commercial, government and professional buildings, and medical and dental clinics
1 space/300 SF gross
Places of public assembly, private clubs and lodges, bowling alleys, sports arenas, stadiums, gymnasiums and fitness centers, amusement parks, race tracks, fairgrounds, churches, funeral homes, libraries, museums
1 space/400 SF gross or 1 space/10 seats for patron use, whichever is greater
Restaurants, bars, taverns, nightclubs, diners
1 space/4 seats for patron use
Retail trade and service establishments including personal service shops, equipment or repair shops, gas stations, motor vehicle sales or repair, banks and other financial institutions (not including furniture and home appliance stores)
1 space/200 SF gross
Schools
 
Elementary school
1.5 spaces/classroom
Middle school
3 spaces/classroom
High school, college, university, business or trade school
9 spaces/classroom
Theaters, movie houses
1 space/10 seats for patron use
Manufacturing and industrial plants, warehouses, research labs, and food processing plants
1 space/4 employees
C. 
Rules for Determining Off-Street Parking Requirements.
1. 
When calculation of required off-street parking results in the requirement for a fractional space, any fraction up to and including 1/2 shall be disregarded in the calculation, and fractions over 1/2 shall require one additional off-street parking space.
2. 
In the case of a use not specifically listed in the table above, the Building Inspector shall determine a use on the table that is substantially similar to that proposed, and apply the accompanying off-street parking requirement.
3. 
No part of required off-street parking facilities shall be included as parking required for another structure or use, except as provided in subsection E, below.
4. 
In the case of multiple principal uses located on a single lot or tract of land, the total required off-street parking shall equal the sum of the parking required for each of the various uses calculated separately. Except as provided in subsection E below, required off-street parking for one use shall not be considered as required off-street parking for any other use.
5. 
For the purpose of computing off-street parking requirements for various retail trade activities, floor area shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.
6. 
Where an open surface is consistently used for an activity allowed by the zoning district where it is situated, such open area shall be considered the same as if it were floor area within a building.
7. 
In no circumstance shall new construction or installation of any principal building on a lot require any less than 2 off-street parking spaces to be provided in accordance with this Section.
D. 
Location of Off-Street Parking Facilities.
1. 
All required off-street parking spaces shall be located on the same lot or tract of land as the building and/or activity they are intended to serve, except as provided below.
2. 
The use of remote or off-premises parking shall be allowed to satisfy the requirements of this Section, including shared parking. Such parking shall be located no more than 400 feet from the facility or activity requiring such parking, and a permanent parking easement shall be secured and legally recorded. Remote or off-premises parking shall comply with all of the standards of this Section.
3. 
Required off-street parking spaces may be separated by an alley no more than 30 feet wide, from the same lot or tract of land as the building and/or activity, which those off-street parking spaces are intended to serve.
E. 
Shared Parking.
Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved as part of an Alternative Access and Parking Plan and if the shared parking complies with the all of following standards.
1. 
Shared parking spaces must be located within 400 feet of the primary entrance of all uses served, measured along the shortest legal, practical walking route.
2. 
A shared parking analysis shall be submitted to the Building Inspector, clearly demonstrating the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of users of the development sharing off-street parking, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. A shared parking analysis found not acceptable by the Building Inspector may be appealed to the Zoning Board of Adjustment.
3. 
A shared parking plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Building Inspector for recording. Recording of the agreement must take place before issuance of a building permit for any use to be served by an off-site parking area. A shared parking agreement may be rescinded only if all required off-street parking spaces are otherwise provided in accordance with this Section.
F. 
Maintenance and Design of Public Off-Street Parking Facilities.
1. 
All required off-street parking facilities shall be adequately maintained by the owner in accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street parking use.
2. 
The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street parking spaces without establishing alternative parking that meets the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street parking that meet the requirements of this Section.
3. 
All areas used for required off-street parking shall be paved, unless specifically exempted by other provisions of this Section.
4. 
A curb, wheel stop or other suitable barrier may be required by the Building Inspector to separate off-street parking areas from public rights-of-way for streets.
5. 
All off-street parking facilities shall be so graded and drained as to suitably dispose of all surface water accumulated within the area.
6. 
Parking shall not be allowed in visual clearance triangles (see Sec. 510).
7. 
No open area in a required off-street parking area shall be consistently encroached upon by any other use, including, but not limited to refuse disposal or commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.
8. 
For off-street parking spaces accessory to residential uses in R&E districts, where parking spaces are located greater than 50 feet from the lot line adjacent to an existing or proposed driveway approach from the public street, paved parking and a paved connection to the public street right-of-way shall not be required. An all-weather surface may be substituted for the paving requirement.
G. 
Minimum Dimensions for Off-Street Parking.
Type of Parking
Width
Length
Maneuvering
1-Way
2-Way
90 degree angle parking
8 feet
17 feet
23 feet
23 feet
60 degree angle parking
8 feet
18 feet
18 feet
23 feet
45 degree angle parking
8 feet
17 feet
15 feet
23 feet
1. 
Minimum required parking width shall be measured perpendicular to the parking angle.
2. 
Minimum required parking length shall be measured along a line parallel to the parking angle.
3. 
Minimum required maneuvering area shall be measured behind each parking space, perpendicular to the building or parking line.
4. 
When off-street parking facilities are located adjacent to a public alley, the unobstructed width of the alley may be assumed to be a portion of the maneuvering space requirement shown above.
5. 
Any distinctly separate off-street parking area for two or fewer spaces may utilize public right-of-way for maneuvering. Otherwise, in any district, off-street parking shall not include head-in parking adjacent to a public street wherein the maneuvering is done.
6. 
Where off-street parking facilities are provided in excess of the minimum amounts specified, or where off-street parking facilities are provided but not required by this Section, said facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.
H. 
Vehicle Stacking Areas.
A minimum number of off-street stacking spaces shall be provided as follows:
Activity Type
Minimum Spaces
Measured From
Bank teller lane
4
Teller or Window
Automated teller machine
3
Teller
Restaurant drive-through
4
Order Box
 
4
Order Box to Order Window
Carwash stall, automatic
4
Entrance
Carwash stall, self-service
3
Entrance
Gasoline pump island
2
Pump Island
Other
Determined by Building Inspector based on study by applicant
(Ordinance 1858 adopted 8/16/01)
A. 
Minimum Requirements.
Every nonresidential building having at least 20,000 square feet of gross floor area hereafter erected, converted, extended or enlarged, shall provide and maintain the following off-street loading spaces.
1. 
A minimum of one off-street loading space is required.
2. 
For buildings that are occupied by manufacturing, storage, goods display, retail trade, wholesale trade and other similar industrial or commercial uses, one additional space for each additional 40,000 square feet or major fraction thereof shall be required.
3. 
For offices, hotels, hospitals, schools and similar institutional uses, one additional space for each additional 60,000 square feet or major fraction thereof shall be required.
B. 
Size of Loading Space.
Each required loading space shall be not less than 10 feet in width, 45 feet in length and 14 feet in height.
C. 
Location of Loading Space.
1. 
All required off-street loading spaces shall be located entirely on the same lot or tract of land as the building they are accessory to.
2. 
All required off-street loading spaces shall be located entirely outside of public rights-of-way for streets and alleys.
3. 
No open area in a required off-street loading area shall be consistently encroached upon by any other use, including but not limited to refuse disposal, required off-street parking and maneuvering area, or the commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.
4. 
In no case shall off-street parking or vehicle stacking spaces required by this Zoning Ordinance be part of the area used to satisfy off-street loading requirements.
5. 
Access to required loading spaces shall be provided by nearby alleys and public streets, and preferably by means of exclusive service drives for trucks.
D. 
Maintenance and Design of Off-Street Loading Spaces.
1. 
All required off-street loading spaces shall be adequately maintained by the owner, in accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street loading.
2. 
The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street loading spaces without establishing alternative loading areas that meet the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street loading space that meet the requirements of this Section.
3. 
All areas used for required off-street loading shall be paved in accordance with minimum paving standards of this Zoning Ordinance.
E. 
Existing Loading Space.
Loading space being maintained in connection with any existing principal use of a building on the effective date of this Zoning Ordinance shall thereafter be maintained so long as the building remains, unless equivalent replacement space is provided conforming to the requirements of this Section; provided, however, that maintenance of more loading spaces than are herein required for new construction shall not be required.
Editor’s note–Subsections D. and E. of this section were numbered C. and D. in the original ordinance and were changed at the discretion of the editor.
(Ordinance 1858 adopted 8/16/01)
The supporting structure of an open carport shall not be located within the front or side yards in R&E, R-1, and R-2 zoning districts, except as set forth in this Section. Carports in the front or side yards may be approved as an administrative adjustment in accordance with the provisions of Sec. 203, provided the standards of the following subsections A, B and C are met.
A. 
Location.
1. 
There is no other practical location on the subject property for a carport that would meet the minimum yard requirements established for the particular zoning district in which the subject lot is located.
2. 
The proposed carport must be compatible with the neighborhood and will not negatively affect other nearby properties.
B. 
Construction.
Construction of a carport in a required yard shall conform to all of the following criteria:
1. 
The front face of the roof shall be set back at least 10 feet from the front property line, and shall be separated by at least 15 feet from the back of the street curb (or edge of the street pavement if a curb does not exist) and shall not extend more than 18 feet into the minimum front yard required on the subject lot.
2. 
The roof edge and vertical structural supports for any carport shall not be located closer than two feet to the side property line.
3. 
Design Requirements.
a. 
At least three sides of the carport shall be open and unencumbered except as may be necessary for vertical structural supports. A side of a carport is considered open and unencumbered if no more than fifteen percent (15%) of the vertical plane of any open side is obscured by vertical structural supports, walls, screening, lateral bracing, trim, fascia, glazing or other vertical elements.
b. 
Vertical structural supports shall be no greater than 12 inches in width or diameter. This requirement shall not apply to any side of a carport that is properly and securely attached to the principal structure located on the property.
c. 
The sides of the carport must run parallel to the front and side yards of the property.
d. 
Carports, including the roofing and vertical support structures, must be constructed of building materials of similar type, size, shape, texture, and colors of the principal structure located on the property.
e. 
Carports must be either structurally integrated with the principal structure located on the property or constructed less than eighteen (18) inches from the closest exterior wall of the principal structure located on the property.
f. 
Prefabricated carports are not permitted.
4. 
Size Requirements.
a. 
No more than 20 percent of the minimum front yard area required on a lot shall be covered by the roof on a carport allowed by this section.
b. 
Carports designed for a single automobile or vehicle shall have a maximum of 220 square feet in area.
c. 
Carports designed for two automobiles or vehicles shall have a maximum 440 square feet in area.
d. 
Carports designed for three automobiles or vehicles shall have a maximum of 660 square feet in area.
e. 
The minimum height of a carport shall be seven (7) feet in height from the finished floor of the carport.
f. 
The maximum height of a carport shall be twelve (12) feet in height from the finished floor or the highest point on the roofline, whichever is greater.
5. 
Construction requirements.
a. 
Vertical structural supports for the carport must be set in concrete three (3) feet in depth and support post holes must be excavated at a minimum of double the circumference of support post.
b. 
Carports must be constructed over an improved surface that shall become the finished floor of the carport. Carports may not be constructed over grass, dirt, or any other unimproved surface. An inspection by the building inspector of the improved surface will be required before the carport can be erected or constructed on site.
c. 
The improved surface of the carport must consist of either (i) asphalt having a minimum depth of four inches over a four-inch stabilized base consisting of compacted crushed stone, cement treated base or soil cement base; or (ii) reinforced concrete having a minimum depth of four inches.
6. 
A maximum of one (1) carport shall be allowed per lot.
7. 
The primary purpose, design and utilization of the carport shall be solely for the parking, storage or protection of automobiles or vehicles. Carports may not be designed or utilized for any other purpose including, but not limited to, storage of anything other than an automobile or vehicle.
C. 
Continuing Compliance.
Any carport authorized in accordance with this Section to extend into minimum required front or side yards shall be subject to continuing compliance with the following requirements.
1. 
The minimum clearance required on the sides of any such carport (along that portion which extends into required yards) shall continually remain open and unencumbered by any walls, screening or glazing.
2. 
The area underneath any such carport shall continually remain clear of any junk, household trash, yard trash, debris or any and all other objectionable unsightly matter, as generally required by the Official Code of the City of Brownfield.
D. 
Existing Carports.
Existing carports which encroach into minimum front or side yards required by this Zoning Ordinance shall be exempted from the requirements of this Zoning Ordinance intended to prevent the installation of carports within minimum front or side yards, subject to each such carport’s compliance with all the following conditions.
1. 
The carport was completed at that location prior to January 1, 2001.
2. 
The carport does not encroach into the public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.
3. 
The carport is set back a minimum of 5 feet from the back of a curb bordering pavement in an adjoining street right-of-way or, if a curb does not exist, from the edge of pavement in that adjoining street right-of-way.
4. 
The carport is structurally sound, in the opinion of the Building Official.
5. 
The carport is substantially open and unencumbered by sidewalls, screening or glazing in any of the minimum front or side yards required by this Zoning Ordinance.
6. 
The area underneath any such carport is and remains continually clear of any junk, household trash, yard trash, debris or any and all other objectionable matter.
7. 
The carport is accessory to a principal building located on the same lot as that carport, regardless of whether that carport is attached to or detached from the principal building.
E. 
Carports Considered Legally Nonconforming.
1. 
Existing carports which encroach into minimum required front or side yards and which were installed before enactment of minimum yard requirements on March 23, 1954 shall be considered legally nonconforming.
2. 
Any existing carports which encroach into minimum front or side yards required by this Zoning Ordinance and which were authorized in accordance with a variance or special exception duly approved by the Zoning Board of Adjustment shall also be considered legally nonconforming.
3. 
In no case shall this Section be construed to legitimize any carport encroaching into a public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.
(Ordinance 1858 adopted 8/16/01; Ordinance 1992 adopted 7/23/09; Ordinance 2127 adopted 4/7/2022)
The purpose of the landscaping regulations are to:
A.
Increase street longevity,
B.
Increase ground permeability,
C.
Encourage conservation of trees and vegetation,
D.
Promote energy and resource conservation,
E.
Maintain and increase the value of land, and
F.
Enhance the aesthetic quality of the community.
A. 
Applicability.
The provisions of these regulations shall apply to all land within the corporate limits of the City of Brownfield and within the zoning districts specified in this section and shall be applied as follows:
1. 
When a building permit for a new structure is required, or when a paving permit for a new parking area is required;
2. 
When a building permit for the remodeling, renovation, or expansion of an existing structure that increases the gross floor area by 50% or more or a paving permit that increases the number of off street parking spaces by 50% or more is required.
As a minimum standard, this landscaping ordinance shall apply to the following zoning districts: C-1, C-2, C-3, M-1 and M-2.
Minimum standards for Planned Developments shall be determined at such time as the approval of a Planned Development site plan is requested or a Planned Development ordinance is established.
B. 
Landscaping Requirements.
Landscaping shall be provided within the front and side yard setbacks as well as adjacent public rights-of-way. All of the area between an existing or proposed sidewalk and adjacent right-of-way excluding existing and approved future driveways, as well as an additional 8% (eight percent) of other areas of the lot shall be utilized for landscaping.
Use of low water using plant materials and landscaping (xeriscaping) is encouraged. An application may be made for variance from the required plant materials contained herein if a xeriscape plan is substituted and approved by the City Building Official.
C. 
Irrigation.
All required landscaping shall be irrigated by an underground sprinkler system. All sprinkler systems shall be designed in such a manner as to minimize water runoff into adjoining streets.
D. 
Plant Materials Required.
1. 
Landscaping shall consist of a combination of two or more of the following types of plant materials including but not limited to planted grass, trees, shrubs, ground cover, and/or other forms of plant material.
2. 
Trees with a minimum of 2" caliper (measured one foot above grade) shall be provided and replaced as necessary at the ratio of one (1) tree per fifty (50) linear feet of street frontage, or fraction thereof. However, no tree shall be required where all street frontage is used for driveway entrance. All existing trees of 2" caliper or greater will be counted towards satisfying the requirements of this ordinance, as long as such trees do not endanger safety, health and public welfare. No tree or shrub shall be placed in such a manner as to create a hazard to vehicular traffic. (Refer to Section 510 of Zoning Ordinance for corner lots).
In accordance with Section 514(D)(2), all parking lots with less than 101 parking spaces shall contain a minimum of one tree per ten parking spaces. For new or expanding parking lots where the number of parking spaces exceeds 100, a sliding scale of parking spaces per tree may be applied as follows:
Number of Parking Spaces
Required Tree Ratio
>100 but <200
One tree for the first 100 spaces; one tree for twenty-five spaces thereafter
>200 but <300
One tree for the first 100 spaces; one tree for twenty-five spaces thereafter
>300
One tree for the first 100 spaces; one tree for forty spaces thereafter
There may be circumstances in which the placement of trees in a new or expanded parking facility may be difficult or undesirable. In order to provide for a similar landscaping effect, parking lot trees may be waived in lieu of additional trees or larger caliper trees placed in the front and/or side yard setback area. In no case shall an alternative landscape proposal result in a net reduction of the tree requirement as measured in total tree caliper inches. Such a proposal may be submitted as part of the landscaping plan to be administratively approved by the City Building Official or his designee. Appeal of any such administrative decision may be made to the Planning and Zoning Commission.
All landscaping shall be maintained in a healthy and growing condition.
E. 
Landscaping Plan.
Prior to the issuance of a building permit or prior to the issuance of a paving permit, two (2) copies of a Landscaping Plan shall be submitted to the City Building Official for review and approval. The Landscaping Plan shall be drawn to scale, including all dimensions, and shall meet each of the following requirements:
1. 
Clearly show the location and size of any buildings or structures;
2. 
Clearly show the location of all paved off-street parking areas; and
3. 
Clearly show any fencing and the location, size, and description of all landscaping materials to be utilized.
No Certificate of Occupancy and/or paving permit shall be issued unless the landscaping plan required herein complies with this Section.
F. 
Exceptions.
When seasonal conditions warrant, the City Building Official may issue a temporary certificate of occupancy for up to one hundred and eighty (180) days pending completion of landscaping. No final certificate of occupancy shall be issued prior to completion of landscape requirements.
Upon application and hearing, the Planning and Zoning Commission may grant waivers from the application of these regulations on the finding of extreme hardship.
(Ordinance 1938 adopted 7/6/06)