The City of Clarksville City, Texas is hereby divided into the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:

Abbreviated Designation	Zoning District Name
Base Districts
A	Agriculture
SF-12	Single-Family Estate Residential-12 (minimum 12,000-square-foot lots)
SF-8	Single-Family Residential-8 (minimum 8,000-square-foot lots)
SF-5.5	Single-Family Residential-5.5 (minimum 5,500-square-foot lots)
SF-PH	Single-Family Residential-Patio Home (zero-lot-line homes)
2F	Two-Family Residential (duplex homes)
MF-1	Multi-Family Residential-1 (triplex and quadriplex homes)
MF-2	Multi-Family Residential-2 (apartments)
MH	Manufactured Home
LR	Local (Neighborhood) Retail
R/HC	Retail (General)/Highway Commercial
LI	Light Industrial
Overlay Districts
PD	Planned Development
SUP	Specific Use Provisions

Certain terms and definitions used within this Ordinance can be found in the Appendix (A-1).

§ 14 A - AGRICULTURE DISTRICT.

14.1

GENERAL PURPOSE AND DESCRIPTION:

The A, Agriculture, district is designed to permit the use of land for the propagation and cultivation of crops and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district. Territory that has been newly annexed into the City is initially zoned Agriculture until it is assigned another more permanent zoning district. It is anticipated that Agriculture zoned land will eventually be rezoned to another more permanent, urban zoning classification in the future.

14.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Single-family detached dwelling.

Farms, barns, nurseries, greenhouses, livestock, poultry products, or gardens on parcels one (1) acre or larger limited to the propagation and cultivation of plants, provided no retail business is conducted on the premises except as provided under home occupation (Appendix A-1, Definitions).

Municipally-owned facilities and uses (including parks and open space), and public schools owned and/or operated by the White Oak Independent School District or the Gladewater Independent School District.

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein:

The term accessory use shall include customary home occupations as herein defined.

Accessory buildings, including a private garage, shall not occupy more than fifty percent (50%) of the minimum required rear yard. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. See Section 28 for additional accessory use requirements.

A detached private garage used in conjunction with the main building.

Antennae (amateur or CB radio) and/or satellite dish antennae, as specified in Section 30.1.1 [Section 30.1].

Only one (1) accessory dwelling unit (i.e., garage/accessory dwelling, servant’s/caretaker’s quarters, etc.) shall be allowed on any lot within the A district, and they shall be clearly incidental to the primary use (i.e., single-family detached residential). These accessory living structures shall not, in any case, be leased or sold.

Private open space or other private recreational amenities as part of a residential subdivision and not for commercial purposes.

Swimming Pool (private).

Utilities (public).

14.3

HEIGHT REGULATIONS:

Maximum Height:

Thirty-five [feet] (35') for the main building/house.

Forty-five feet (45') for agricultural structures (e.g., barns, silos, water towers, etc.), provided they are no closer than two hundred feet (200') from any residential structure on adjacent property.

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

14.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - One (1) acre (i.e., 43,560 square feet)

Minimum Lot Width - One hundred fifty feet (150')

Minimum Lot Depth - Two hundred feet (200')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Thirty feet (30')

Minimum Side Yard - Ten percent (10%) of the lot width, but need not exceed thirty feet (30'); thirty feet (30') from a street right-of-way for a corner lot (i.e., same as front yard)

Minimum Rear Yard - Twenty-five feet (25') for the main building

Maximum Lot Coverage:

Forty percent (40%) by main buildings; thirty percent (30%) including accessory buildings, driveways and parking areas.

Parking Regulations

Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure.

Other - See Section 27, Off-Street Parking and Loading Regulations

14.5

SPECIAL REQUIREMENTS:

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes and must be parked on an improved surface behind the front building setback line and behind the side setback line if located on a corner lot.

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

Outside storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, garden materials, etc.).

Main building must be tied into the City sewer system. If City sewer is not available, the property owner must provide for some type of approved on-site sewage disposal system that is in conformance with County health regulations.

Other Regulations-

As established by Sections 27 through 33.

§ 15 SF-12 - SINGLE-FAMILY ESTATE RESIDENTIAL-12 DISTRICT.

15.1

GENERAL PURPOSE AND DESCRIPTION:

The SF-12, Single-Family Estate Residential-12, district is intended to provide for development of primarily detached, single-family residences on lots of not less than twelve thousand (12,000) square feet.

15.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Single-family detached dwellings.

Real estate sales offices during the development of residential subdivisions in which the office is located until ninety-five percent (95%) of the building permits of the platted lots in the subdivision are issued. Site plan review and approval by the City Manager, or his/her designee, is required for both permanent (e.g., model home used as a sales office) and non-permanent (e.g., trailer or movable building unit) structures to be used as real estate sales offices (issuance of a temporary structure permit by the City is also required for non-permanent structures). The City may, at its option, establish additional rules and procedures for permanent and/or non-permanent structures to be used as real estate sales offices in residential zoning districts. Adherence to such rules and procedures, if established by the City, shall be the responsibility of the applicant and shall be required as part of a proposed zoning change and/or development application.

Temporary field or construction office for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work or by order of the City Manager, or his/her designee. The specific time period allowed shall be specified by the City Manager, or his/her designee, upon issuance of a temporary structure permit, and site plan review and approval by the City Manager, or his/her designee, is also required. The allowed time period may be extended for an additional one (1) year period upon approval of an extension by the City Manager, or his/her designee.

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein:

The term accessory use shall include customary home occupations as herein defined.

Accessory buildings, including a private garage, shall not occupy more than fifty percent (50%) of the minimum required rear yard.

When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. See Section 28 for additional accessory use requirements.

A detached private garage used in conjunction with the main building.

Antennae (amateur or CB radio) and/or satellite dish antennae, as specified in Section 30.1.1 [Section 30.1].

Detached garages with living quarters (i.e., garage/accessory dwelling), detached servant’s (i.e., caretaker’s) quarters (with a garage), or other accessory buildings such as barns, sheds, and other structures are permitted. Detached servant’s quarters without a garage may be allowed, and are required to be on a lot one (1) acre or larger. No such accessory building or quarters shall be used or occupied as a place of abode or dwelling by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one (1) accessory dwelling unit (i.e., garage/accessory dwelling, servant’s/caretaker’s quarters, etc.) shall be allowed on any lot within the SF-12 district, and they shall be clearly incidental to the primary use (i.e., single-family detached residential). These accessory living structures shall not, in any case, be leased or sold.

Private open space or other private recreational amenities as part of a residential subdivision and not for commercial purposes.

Swimming Pool (private).

Utilities (public).

15.3

HEIGHT REGULATIONS:

Maximum Height:

Thirty-five feet (35') for the main building/house.

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

15.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - Twelve thousand (12,000) square feet

Minimum Lot Width - Ninety feet (90')

Minimum Lot Depth - One hundred forty feet (140')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Thirty feet (30')

Minimum Side Yard - Ten feet (10'); fifteen feet (15') on corner lots adjacent to a street

Minimum Rear Yard - Twenty-five feet (25') for the main building

Maximum Lot Coverage:

forty percent (40%) by main buildings; thirty percent (30%) including accessory buildings, driveways and parking areas.

Parking Regulations:

Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure

Other - (See Section 27, Off-Street Parking and Loading Requirements)

15.5

SPECIAL REQUIREMENTS:

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes and must be parked on an improved surface behind the front setback line and behind the side setback line if located on a corner lot.

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 16 SF-8 - SINGLE-FAMILY RESIDENTIAL-8 DISTRICT.

16.1

GENERAL PURPOSE AND DESCRIPTION:

The SF-8, Single-Family Residential-8, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than eight thousand (8,000) square feet.

16.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Single-family detached dwellings.

All uses allowed in the SF-12 zoning district.

16.3

HEIGHT REGULATIONS:

Maximum Height:

Thirty-five feet (35') for the main building/house.

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

16.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - Eight thousand (8,000) square feet

Minimum Lot Width - Sixty feet (60')

Minimum Lot Depth - One hundred twenty feet (120')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Twenty-five feet (25')

Minimum Side Yard - Ten feet (10') required; fifteen feet (15') on corner lots adjacent to a street

Minimum Rear Yard - Twenty-five feet (25') for the main building

Maximum Lot Coverage:

Forty percent (40%) by main Buildings; thirty percent (30) including accessory buildings, driveways and parking areas.

Parking Regulations:

Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure

Other - (See Section 27, Off-Street Parking and Loading Requirements)

16.5

SPECIAL REQUIREMENTS:

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 17 SF-5.5 - SINGLE-FAMILY RESIDENTIAL-5.5 DISTRICT.

17.1

GENERAL PURPOSE AND DESCRIPTION:

The SF-5.5, Single-Family Residential-5.5, district is designed to provide for development of primarily detached single-family residences on smaller and more compact lots or parcels of land not less than five thousand five hundred (5.500) square feet.

17.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Single-family detached/attached dwellings (townhomes).

All uses allowed in the SF-8 zoning district.

17.3

HEIGHT REGULATIONS:

Maximum Height:

Thirty-five feet (35') for the main building/house.

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

17.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - Five thousand five hundred (5,500) square feet

Minimum Lot Width - Fifty feet (50')

Minimum Lot Depth - One hundred and ten feet (110')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Twenty-five feet (25')

Minimum Side Yard - Five feet (5'); ten feet (10') on corner lots adjacent to a street

Minimum Rear Yard - Twenty-five feet (25') for the main building

Maximum Lot Coverage:

Forty percent (40%) by main buildings and accessory buildings

Parking Regulations:

Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure

Other - (See Section 27, Off-Street Parking and Loading Requirements)

17.5

SPECIAL REQUIREMENTS:

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 18 SF-PH - SINGLE-FAMILY RESIDENTIAL-PATIO HOME DISTRICT (ZERO-LOT-LINE HOMES).

18.1

GENERAL PURPOSE AND DESCRIPTION:

The SF-PH, Single-Family Residential-Patio Home, district is designed to provide for development of primarily detached single-family residences on more compact lots having one side yard reduced to zero feet (i.e., “zero-lot-line”), and having not less than four thousand five hundred (4,500) square feet. Patio home developments shall be arranged in a clustered lot pattern with a common usable open space system that is an integral part of the development.

18.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Single-family detached/attached dwellings (townhomes).

All uses allowed in the SF-5.5 zoning district.

18.3

HEIGHT REGULATIONS:

Maximum Height:

Thirty-five feet (35') for the main building/house.

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

18.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - Four thousand five hundred (4,500) square feet

Minimum Lot Width - Forty feet (40')

Minimum Lot Depth - One hundred ten feet (110')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Twenty feet (20')

Minimum Side Yard - One side yard reduced to zero feet (0'); other side yard a minimum of ten feet (10') required with fifteen feet (15') required on corner lots adjacent to a street

Minimum Rear Yard - Twenty-five feet (15') [sic] for the main building

Maximum Lot Coverage:

Sixty percent (60%) by main buildings and accessory buildings

Parking Regulations:

Single-Family Dwelling Unit - A minimum of two (2) enclosed parking spaces behind the front building line on the same lot as the main structure

Visitor Parking - One-half (1/2) parking space per dwelling unit (off-street) which is located within six hundred feet (600') of the dwelling unit

Other - (See Section 27, Off-Street Parking and Loading Requirements)

18.5

SPECIAL REQUIREMENTS:

Patio home developments shall be developed as zero-lot-line homes. One side yard shall be reduced to zero feet, while the other side yard shall be a minimum of ten feet (10'); fifteen feet for a corner lot on the street side. A minimum six-foot (6') wide maintenance easement shall be placed on the adjacent lot (i.e., the other side of the zero-lot-line) to enable the property owner to maintain that portion of his/her house which is on the zero-lot-line. Side yards and maintenance easements shall be shown on the subdivision plat. A minimum separation between patio homes of ten feet (10') shall be provided. Roof overhangs will be allowed to project into the maintenance easement a maximum of twenty-four inches (24"). No openings (e.g., doors, windows, etc.) shall be permitted on the exterior wall that has the zero setback.

Maintenance Requirements for Common Areas-

A property owners’ association is required for continued maintenance of common land and/or facilities if such amenities exist within the subdivision. Official legal paperwork establishing a property owners’ association must be presented to the City at the time of Final Plat submittal.

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes and are not allowed to be stored on any part of the lot.

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 19 2F - TWO-FAMILY RESIDENTIAL DISTRICT (DUPLEX).

19.1

GENERAL PURPOSE AND DESCRIPTION:

The 2F, Two-Family Residential, district is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of each of the two-family or duplex units is encouraged. This district may be included within single-family neighborhoods or, when in accordance with the intent of the Comprehensive Plan, may provide a “buffer” or transition district between lower density residential areas and higher density or nonresidential areas or major thoroughfares.

19.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Two-family residence (duplex) and single-family detached/attached dwellings (townhomes).

All uses allowed in the SF-5.5 zoning district.

19.3

HEIGHT REGULATIONS:

Maximum Height

Thirty-five feet (35') for the main building/house.

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

19.4

AREA REGULATIONS:

Size of Lots for Two-Family/Duplex Homes:

Minimum Lot Area - Eight thousand (8,000) square feet per duplex lot (i.e., four thousand (4,000) square feet of lot area per dwelling unit)

Minimum Lot Width - Eighty feet (80') for each duplex lot (i.e., forty feet (40') of lot width per dwelling unit)

Minimum Lot Depth - One hundred ten feet (110')

Size of Lots for Single-Family Detached Homes:

Minimum Lot Area - Five thousand five hundred (5,500) square feet

Minimum Lot Width - Fifty feet (50')

Minimum Lot Depth - One hundred ten feet (110')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Twenty-five feet (25')

Minimum Side Yard - Ten feet (10') required; fifteen feet (15') on corner lot adjacent to street

Minimum Rear Yard - Twenty-five feet (25') for the main building

Maximum Lot Coverage:

Forty percent (40%) by main buildings and accessory buildings

Parking Regulations:

Two-Family/Duplex Homes or Single-Family Detached Homes - A minimum of two (2) covered parking spaces for each dwelling unit behind the front building line and on the same lot as each dwelling unit.

Other - (See Section 27, Off-Street Parking and Loading Requirements).

19.5

SPECIAL REQUIREMENTS:

Single-family lots and detached dwellings constructed in this district shall conform to the standards as set forth in the SF-5.5 zoning district.

The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

Recreational vehicles, travel trailers, or motor homes may not be used for on-site dwelling purposes and are not allowed to be stored on any part of the lot.

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 20 MF-1 - MULTI-FAMILY RESIDENTIAL-1 DISTRICT (TRIPLEX/ QUADRIPLEX/APARTMENTS).

20.1

GENERAL PURPOSE AND DESCRIPTION:

The MF-1, Multi-Family Residential-1, district is an attached residential district intended to provide a residential density of not more than sixteen (16) dwelling units per acre. The principal permitted land uses will include low-rise, three- to six-unit modules of multi-family dwelling units. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic and medium or low density residential development.

20.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Multi-family dwelling greater than two (2) units per building, but not more than six (6) units per building.

Leasing offices for the complex.

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein:

The term accessory use shall include customary home occupations as defined in Section 33 [Section 32].

Covered parking areas.

Antennae (amateur or CB radio) and/or satellite dish antennae, as specified in Section 30.1.1 [Section 30.1].

Swimming Pool (private).

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

Townhouse or single-family attached residential dwelling.

20.3

HEIGHT REGULATIONS:

Maximum Height:

Two and one-half stories or forty-five feet (45') for the main building(s).

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

20.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - The minimum lot size shall be twenty thousand (20,000) square feet. Not to exceed sixteen (16) dwelling units per acre (calculated on gross acreage).

Minimum Lot Width - Eighty feet (80')

Minimum Lot Depth - One hundred feet (100')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Twenty-five feet (25'). All areas adjacent to a street shall be deemed front yards.

Minimum Side Yard - Fifteen feet (15')

Minimum Rear Yard - Twenty-five feet (25')

Building Separation:

One-story buildings - Ten feet (10'), for buildings with or without openings

Two-story buildings (or a two-story building adjacent to a one-story building) - Fifteen feet (15'), for buildings with or without openings

[Reserved]

Maximum Lot Coverage:

Fifty percent (50%) total, including main and accessory buildings

Parking Regulations:

All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of berms or brick/masonry walls.

See Section 27, Off-Street Parking and Loading Requirements, for additional requirements.

20.5

REFUSE FACILITIES:

Every multi-family dwelling unit shall be located within one hundred feet (100') of a refuse facility, measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling. Refuse dumpsters shall be no closer than thirty feet (30') to any adjacent single-family property and shall be visually screened from view with appropriate screening in the form of berms or brick/masonry walls.

20.6

SPECIAL REQUIREMENTS:

Single-family or duplex units constructed in this district shall conform to SF-5.5 and 2F district standards, respectively.

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

A paved walkway shall connect the front door of each ground floor unit to a parking area.

Boats, campers, trailers and other recreational vehicles shall be prohibited unless oversize parking areas are provided as part of the approved site plan. This parking area shall not be used to meet the minimum parking requirements and shall not be visible from a public street.

All parking areas shall have appropriate lighting and shall be positioned such that no light trespasses on to adjacent residential areas.

Site plan review and approval shall be required, in accordance with the procedures set forth in Section 12 of this Ordinance.

All main buildings must be tied into the City sewer system. If City sewer is not available, the property owner must provide for some type of approved on-site sewage disposal system that is in conformance with County health regulations.

Other Regulations: As established in the Development Standards, Sections 27 through 33.

§ 21 MF-2 - MULTI-FAMILY RESIDENTIAL-2 DISTRICT (APARTMENTS).

21.1

GENERAL PURPOSE AND DESCRIPTION:

The MF-2, Multi-Family Residential-2, district is an attached residential district intended to provide the highest residential density of twenty-one (21) dwelling units per acre. The principal permitted land uses will include low- and mid-rise multiple-family dwellings and garden apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this district. This district should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic and medium or low density residential development.

21.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Multi-family dwellings that are typically greater than six (6) units per building.

Leasing offices for the apartment complex.

Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business except as provided herein:

The term accessory use shall include customary home occupations as defined in Section 33 [Section 32].

Covered parking areas.

Antennae (amateur or CB radio) or satellite dish antennae, as specified in Section 30.1.1 [Section 30.1].

Swimming Pool (private).

Common open space, community center, recreational building, and other facilities or amenities, provided they are for use by the residents and guests of the multi-family complex.

21.3

HEIGHT REGULATIONS:

Maximum Height:

Three (3) stories or forty-five feet (45') for the main building(s).

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

21.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Area - The minimum lot size shall be twenty thousand (20,000) square feet. Not to exceed twenty-one (21) dwelling units per acre (calculated on gross acreage).

Minimum Lot Width - One hundred feet (100')

Minimum Lot Depth - One hundred fifty feet (150')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Thirty feet (30'). All areas adjacent to a street shall be deemed front yards.

Minimum Side Yard - Fifteen feet (15'); sixty feet (60') when building is in excess of one story in height and adjacent to a Single-Family Zoning District

Minimum Rear Yard - Twenty-five feet (25'); eighty feet (80') when the building is in excess of one story and adjacent to a Single-Family Zoning District

Building Separation (measured between buildings):

One-story buildings - Ten feet (10'), for buildings with or without openings

Two-story buildings (or a two-story building adjacent to a one-story building) - Fifteen feet (15'), for buildings with or without openings

Three-story buildings (or a three-story building adjacent to a one- or two-story building) - Twenty feet (20'), for buildings with or without openings

Maximum Lot Coverage:

Fifty percent (50%) total, including main and accessory buildings

Parking Regulations:

All parking areas adjacent to public streets shall be screened from view. Screening may be in the form of berms or brick/masonry walls.

See Section 27, Off-Street Parking and Loading Requirements, for additional requirements.

21.5

REFUSE FACILITIES:

Every multi-family dwelling unit shall be located within two hundred and fifty feet (250') of a refuse facility; measured along the designated pedestrian and vehicular travel way. A refuse facility shall be a dumpster or other similar receptacle designed for receiving garbage in bulk for more than one dwelling. Refuse dumpsters shall be no closer than thirty feet (30') to any adjacent single-family property and shall be visually screened from view with appropriate screening in the form of berms or brick/masonry walls.

21.6

SPECIAL REQUIREMENTS:

Single-family or duplex units constructed in this district shall conform to SF-5.5 and 2F district standards, respectively.

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

Open storage is prohibited (except for materials for the resident’s personal use or consumption such as firewood, gardening materials, etc.).

A paved walkway shall connect the front door of each ground floor unit to a parking area.

All parking areas shall have appropriate lighting and shall be positioned such that no light trespasses on to adjacent residential areas.

Site plan review and approval shall be required, in accordance with the procedures set forth in Section 12 of this Ordinance.

Other Regulations: As established in the Development Standards, Sections 27 through 33.

§ 22 MH - MANUFACTURED HOME DISTRICT.

22.1

GENERAL PURPOSE AND DESCRIPTION:

The MH, Manufactured Home, district is a detached residential district establishing standards for the development of manufactured, HUD-code mobile home parks and subdivisions. Manufactured/mobile home subdivisions include individually platted lots for sale within the subdivision, for the placement of manufactured/mobile home units. A manufactured, or mobile, home park offers spaces for the placement of manufactured/mobile home units on a lease or rental basis. The Manufactured Home district establishes area and design requirements for parks and subdivisions, as well as yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained.

22.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Individually owned HUD-code manufactured homes on lots in platted manufactured/mobile home subdivisions.

Mobile, or manufactured, home parks for residential use providing, on a rental basis, lots for placement of mobile homes with utilities. Small offices and washaterias are permitted as incidental uses within the park.

Industrialized housing.

Single-family detached dwellings.

Accessory buildings and uses, as provided by Section 28, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business or an accessory dwelling unit, except as provided herein:

The term accessory use shall include customary home occupations as defined in Section 32.

A detached private garage used in conjunction with the main building.

Antennae (amateur or CB radio) and/or satellite dish antennae, as specified in Section 30.1.1 [Section 30.1].

Private open space or other private recreational amenities as part of a residential subdivision and not for commercial purposes.

Swimming Pool (private), including recreation or community areas.

10.

Utilities (public or private).

22.3

AREA REGULATIONS:

Size of Yards

(For each space within Manufactured/Mobile Home Park or Subdivision; all are measured from the property line):

Minimum Front Yard - Twenty-five feet (25') from a dedicated street; fifteen feet (15') from any private street or drive

Minimum Side Yard - Ten feet (10'); twenty feet (20') between units; twenty feet (20') from zoning district boundary line

Minimum Rear Yard - Ten feet (10'); twenty feet (20') from any zoning district boundary line

If a garage is provided, the entry (i.e., door) side of the garage shall have a twenty-five-foot (25') setback

Size of Lot

(For each space within a Manufactured/Mobile Home Park):

Minimum Lot Area - Three thousand five hundred (3,500) square feet per unit

Minimum Lot Width - Forty feet (40')

Minimum Lot Depth - Eighty feet (80')

Minimum Floor Area per Dwelling Unit:

Eight hundred (800) square feet.

Maximum Lot Coverage:

Fifty percent (50%) for main building/unit plus any accessory buildings.

Parking Regulations:

Two (2) improved surface parking spaces per unit located on the same lot as the unit served (see Section 27, Off-Street Parking and Loading).

Minimum Lot Area for a Manufactured Home Subdivision-

Twenty thousand (20,000) square feet.

Area for Manufactured Home Park-

Minimum, three (3) acres; maximum, thirty-five (35) acres.

Maximum Height Limit:

Thirty-five feet (35') for the main building/house.

One (1) story for accessory buildings.

Manufactured Home Age-

Any manufactured home installed after the approval date of this Ordinance shall be manufactured within the past five (5) years of the application date for the building permit including all replacement manufactured homes.

22.4

SPECIAL REQUIREMENTS FOR MANUFACTURED/MOBILE HOME PARKS:

Tenant Parking-

Each parking space shall be an approved all-weather (i.e., concrete or asphalt) surface, in accordance with City standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured/mobile homes and for public parking in the park (see Section 27, Off-Street Parking and Loading Requirements).

Visitor and Supplemental Parking-

In addition to parking spaces required for each manufactured/mobile home unit, there shall be paved parking provided for the manufactured/mobile home community in general (see Section 27, Off-Street Parking and Loading Requirements):

Two (2) visitor parking space for every three (3) manufactured/mobile home spaces.

One (1) supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four (4) manufactured/mobile home spaces.

Supplemental spaces may be located anywhere within the manufactured/mobile home community provided that no manufactured/mobile home space shall be situated further than one hundred fifty feet (150') from a visitor space.

Each parking space will be not less than nine feet by eighteen feet (9' x 18'), which is not to be included in the lot size.

Access-

Each manufactured/mobile home community shall have direct access from a public street or an internal street. Where an internal private street provides access, the same shall be paved in accordance with City standards, and it shall be dedicated to the public as an emergency access or fire lane easement to allow for the rapid and safe movement of vehicles used in providing emergency health or public safety services. Each emergency access/fire lane easement shall have a clear unobstructed width of twenty-four feet (24'), shall connect to a dedicated public street, and shall have a turning area and radii of a minimum of fifty feet (50') to permit free movement of emergency vehicles. Dead-end streets are not allowed. Cul-de-sac streets shall not exceed four hundred feet (400') in length. Fire lane easements shall be maintained by the manufactured/mobile home park.

Walkways-

Designated concrete walkways four feet (4') in width will be provided on both sides of roadways or streets.

Street Names and Signs-

Within each manufactured/mobile home park, all streets shall be named, and manufactured/mobile homes numbered in a logical and orderly fashion. Street signs shall be of a color and size contrasting with those on public streets and roadways so that there is no confusion regarding which are private and which are public streets. These signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. Street names shall be submitted to the City Manager, or his/her designee, along with the preliminary plat application, reviewed by the appropriate City staff with respect to street naming procedures set forth within the Subdivision Ordinance and/or the City’s Code of Ordinances, and approved by the Planning and Zoning Commission and City Council on the preliminary plat for the subdivision.

The street names shall be set with the preliminary plat approval, and shall not be changed on the final plat without City approval. All dwelling unit numbering (i.e., addressing) shall be assigned by the City Manager, or his/her designee.

Other Signs-

Along all sections of emergency access easements, the owner or agent shall erect metal signs prohibiting parking. The sign type. size, height and location shall be in accordance with the Manual of Uniform Traffic Control Devices and approved by the City.

Intersections-

Internal streets shall intersect adjoining public streets at approximately ninety degrees (90°) and at locations which will eliminate or minimize interference with traffic on those public streets.

Street Lighting-

Street lighting within the manufactured/mobile home park shall be provided and maintained by the owners of the manufactured/mobile home park.

Electric and Telephone Service-

All electrical distribution lines and all telephone lines shall be underground except the primary service lines to the park.

Drainage and Soil Protection-

The ground surface in all parts of the park shall be graded and equipped to drain all surface water in a safe, efficient manner. Each manufactured/mobile home space shall provide adequate drainage for the placement of a manufactured/mobile home. Exposed ground surfaces in all parts of every manufactured/mobile home park shall be paved and/or covered with stone, brick paving, or other similar solid material, or protected with a vegetative growth (such as grass) capable of preventing soil erosion and eliminating dust.

Refuse Handling and Collection-

The owner or agent of a manufactured/mobile home park shall provide an adequate system of collection and safe disposal of rubbish, as approved by the City. Storage, collection and handling of refuse shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Every dwelling unit shall be located within two hundred fifty feet (250') of a refuse facility measured along the designated pedestrian or vehicular travel way. There shall be available at least six (6) cubic yards of refuse containers per thirty (30) units.

Anchorage of Manufactured/Mobile Homes-

To insure against natural hazards such as tornados, high winds and electrical storms, anchorage for each manufactured/mobile home shall be provided according to the Building Code and State law.

Skirting:

All manufactured/mobile home units not attached to a permanent foundation shall provide skirting from the top of the unit’s frame to grade. Skirting shall totally enclose and secure from view the unit’s axles and all required anchors, footings, and piers.

All required skirting shall be masonry or metal (or other material approved by the City Manager, or his/her designee), and shall be of a color similar to the materials used in the construction of the manufactured/mobile home unit such that it blends with the overall appearance of the unit.

22.5

SPECIAL REQUIREMENTS:

Single-family dwellings (and their respective lots) constructed within this district shall conform to the standards as set forth in the SF-5.5 district (i.e., minimum 5,500-square-foot lot size, minimum 55-foot [sic] lot width, etc.).

Open storage is prohibited.

Usable Open Space Requirements-

Mobile Home Parks shall provide usable open space totaling fifteen percent (15%) of the area of the MH Park as approved by the Special Use Permit.

Site plan review and approval shall be required, in accordance with the procedures set forth in Section 12 of this Ordinance.

All manufactured homes must be tied into the City sewer system. If City sewer is not available, the property owner must provide for some type of approved on-site sewage disposal system that is in conformance with County health regulations.

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 23 LR - LOCAL (NEIGHBORHOOD) RETAIL DISTRICT.

23.1

GENERAL PURPOSE AND DESCRIPTION:

The LR, Local (Neighborhood) Retail, district is established for low intensity office and professional uses, and for neighborhood-oriented retail and personal service uses. Uses should include office and professional uses, as well as small, freestanding retail structures. The district can be used as a transition district between more intense uses and residential uses. Permitted uses should be compatible with adjacent residential areas by limiting heights to two (2) stories, and by utilizing buffering and landscaping requirements. Adaptive reuse of existing structures is encouraged. Buildings in this district should be compatible and in similar scale with residential uses and adjacent property.

23.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

Accessory uses to the main use.

Professional, administrative, general office, and neighborhood-oriented retail and personal service uses.

Residential above commercial.

23.3

HEIGHT REGULATIONS:

Maximum Height

(see also Subsection 23.4(B)4.):

Two (2) stories or thirty-five feet (35') for the main building(s).

Twenty-five feet (25') for other accessory buildings, including detached garage/accessory dwelling units.

23.4

AREA REGULATIONS:

Size of Lots:

Minimum Lot Size - Ten thousand (10,000) square feet

Minimum Lot Width - Eighty feet (80')

Minimum Lot Depth - One hundred fifty feet (150')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Ten feet (10'); all yards adjacent to a street shall be considered a front yard.

Minimum Side Yard - Fifteen feet (15'); Twenty-five feet (25') adjacent to a public street or residential lot

Minimum Rear Yard - Twenty-five feet (25')

Adjacent to a Single-Family District - Any use other than residential which is over one (1) story in height shall observe a sixty-foot (60') setback from any single-family zoning district.

Residential structures constructed in this district shall conform to the standards set forth in the respective residential category. (i.e. Single-Family Residential Patio Homes (SF-PH) being built in a Local Retail District (LR) must adhere to the setbacks under Section 18, SF-PH.) Land uses other than residential shall comply with the lot size and setbacks of this section.

Maximum Lot Coverage:

Fifty percent (50%); including accessory buildings.

23.5

SPECIAL DISTRICT REQUIREMENTS:

Parking Requirements:

As required by Section 27, Off-Street Parking and Loading Requirements.

Open storage is prohibited.

Site plan review and approval shall be required, in accordance with the procedures set forth in Section 12 of this Ordinance.

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

All building facades facing a public street shall have at least fifty percent (50%) masonry, stone, brick, glass or other similar materials suitable for exterior construction, exclusive of doors and windows. Glass block may be counted as masonry for the purposes of this Section; wood, stucco and other similar exterior finish materials may be allowed with Site Plan approval only (see Section 12).

Building facade (i.e., elevation) plans shall be submitted for review and approval by the Building Inspector prior to construction. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces and/or sides, and will portray a reasonably accurate depiction of the materials and colors to be used. The Building Inspector (or his/her designee) may, as he/she deems appropriate, require submission of additional information and materials (possibly actual samples of materials to be used) during the Site Plan review process.

Landscaping shall equal at least ten percent (10%) of the total square footage of the lot.

Signage requirements shall be as set forth in the City of Clarksville City’s Sign Ordinance.

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 24 R/HC - RETAIL (GENERAL)/HIGHWAY COMMERCIAL DISTRICT.

24.1

GENERAL PURPOSE AND DESCRIPTION:

The R/HC, Retail (General)/Highway Commercial, district is established to provide areas for a mixture of land uses including office, retail, some types of commercial and entertainment uses, and highway-oriented uses, such as hotels, motels and restaurants, which should generally be located along high-volume thoroughfares. The characteristics of each development site should be designed in such a manner as to create an attractive appearance from the thoroughfare (i.e., along U.S. Highway 80). Because these areas are major thoroughfare entry points into Clarksville City, emphasis has been placed upon building arrangement, setbacks, parking and landscape treatment, which are elements that tend to influence the visual appeal of the City as viewed from the highway and which may help to attract visitors to the community. It is the intent of the R/HC zoning district to create a vibrant and attractive first impression of the community.

24.2

PERMITTED USES:

Those uses specified in Section 26 (Use Charts).

24.3

HEIGHT REGULATIONS:

Maximum Height:

Eight (8) stories, but limited to a maximum height of forty-five feet (45') on any portion of the site that is within three hundred feet (300') of any residentially zoned property (i.e., A, SF-12, SF-8, SF-5.5, SF-PH, 2F, MF-1, MF-2 or MH), a maximum height of thirty-five feet (35') within two hundred feet (200') of residential, and a maximum height of one (1) story within sixty feet (60') of residential.

One (1) story for accessory buildings.

24.4

AREA REGULATIONS:

Size of Lot:

Minimum Lot Area - Twelve thousand (12,000) square feet

Minimum Lot Width - Ninety feet (90')

Minimum Lot Depth - One hundred seventy-five feet (175')

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Ten [feet] (10'); all yards adjacent to a street shall be considered a front yard.

Minimum Side Yard - Ten feet (10'), unless adjacent to a residential area then the setback required would be Fifteen (15) feet.

Interior Side Yards - When retail uses are platted adjacent to other retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the City’s Building Code.

Minimum Rear Yard - Ten feet (10'), unless adjacent to a Residential area then setback required is fifteen feet (15').

Adjacent to a Single-Family District - Any use other than residential which is over one (1) story in height shall observe a sixty-foot (60') setback from any single-family zoning district.

Residential structures constructed in this district shall conform to the standards set forth in the respective residential category. (i.e. Single-Family Residential Patio Homes (SF-PH) being built in a Retail Highway Commercial District (R-HC) must adhere to the setbacks under Section 18, SF-PH.) Land uses other than residential shall comply with the lot size and setbacks of this section.

Maximum Lot Coverage:

Fifty percent (50%), including accessory buildings.

Parking Regulations:

As required by Section 27, Off-Street Parking and Loading Requirements.

24.5

SPECIAL REQUIREMENTS:

Site plan review and approval shall be required, in accordance with the procedures set forth in Section 12 of this Ordinance.

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

Open storage is limited to a maximum of five percent (5%) of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 29 (i.e., cannot be visible from any public street or adjacent property). However, periodic display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods.

Landscaping shall equal at least ten percent (10%) of the total square footage of the main building(s).

Signage requirements shall be as set forth in the City of Clarksville City’s Sign Ordinance.

Other Regulations-

As established in the Development Standards, Sections 27 through 33.

§ 25 LI - LIGHT INDUSTRIAL DISTRICT.

25.1

GENERAL PURPOSE AND DESCRIPTION:

The LI, Light Industrial, district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, and/or other means of transportation.

25.2

PERMITTED USES:

The following uses are permitted in the LI district, provided that such light manufacturing or industrial operations shall not disseminate dust, fumes, gas, noxious odor, smoke, glare or other atmospheric influence beyond the boundaries of the property upon which such use is located, and which produces no noise exceeding the average intensity of noise of street traffic, as further defined by the Performance Standards (Section 31), at that point, and provided that such use does not create fire or safety hazards on surrounding property.

Those uses specified in Section 26 (Use Charts).

Light industrial, fabrication and manufacturing plants, including the assembling of prefabricated parts for the production of finished equipment, where the process of manufacturing or treatment of materials is such that no dust, odor, fumes, gas, smoke or noise is emitted.

Certain “low risk industrial/manufacturing” or “high risk or hazardous industrial” uses may be allowed only upon approval of the City Manager (or his/her designee) and the Fire Chief. In this district, “high risk or hazardous industrial use” means any industrial use whose operation, in the opinion of the City Manager (or his/her designee) and/or the Fire Chief, involves a much higher than average risk to public health and safety. These uses include, but are not limited to, facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored and/or disposed of.

25.3

HEIGHT REGULATIONS:

Maximum Height:

Occupied structures/buildings - Three (3) stories or forty-five feet (45'), but limited to a maximum height of thirty-five feet (35') on any portion of the site that is within two hundred feet (200') of any residentially zoned property (i.e., A, SF-12, SF-8, SF-5.5, SF-PH, 2F, MF-1, MF-2 or MH), and a maximum height of one (1) story within sixty feet (60') of residential.

Unoccupied structures (e.g., grain silos, private water towers/utility structures, communications antennae, etc.) - Sixty feet (60'); Where any structure over thirty-five feet (35') in height is to be constructed on a site that is adjacent (or in close proximity) to a residential zoning district (A, SF-12, SF-8, SF-5.5, SF-PH, 2F, MF-1, MF-2 or MH), additional setback (i.e., front, side, rear yard) distance must be provided from the residential zoning district boundary line of one (1) additional foot for each foot that such structures exceed thirty-five feet (35'). (Also see Section 30.1.1 [Section 30.1] for communications antennae and support structures/towers.)

One (1) story for accessory buildings.

25.4

AREA REGULATIONS:

Size of Lot:

Minimum Lot Area - Fifteen thousand (15,000) square feet

Minimum Lot Width - One hundred feet (100')

Minimum Lot Depth - Two hundred feet (150') [sic]

Size of Yards

(all are measured from the property line):

Minimum Front Yard - Ten feet (10'); all yards adjacent to a street shall be considered a front yard.

Minimum Side Yard - Ten feet (10'), unless adjacent to a residential area then setback required would be fifteen feet (15').

Minimum Rear Yard - Ten feet (10'), unless adjacent to a residential area then setback required would be fifteen feet (15').

Adjacent to a Residential District - Any use other than residential which is over one (1) story in height shall observe a sixty-foot (60') setback from any single-family zoning district.

Maximum Lot Coverage:

Sixty-five percent (65%), including accessory buildings.

Parking Regulations:

As established by Section 27, Off-Street Parking and Loading Requirements.

25.5

SPECIAL REQUIREMENTS:

Site plan review and approval shall be required, in accordance with the procedures set forth in Section 12 of this Ordinance.

No permanent use of temporary buildings or dwellings.

Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or nonresidential purposes.

Landscaping shall equal at least ten percent (10%) of the total square footage of the main building(s).

Signage requirements shall be as set forth in the City of Clarksville City’s Sign Ordinance.

Other Regulations:

As established in the Development Standards, Sections 27 through 33.

§ 25A OVERLAY AND SPECIAL DISTRICTS.

Overlay and special prefix districts shall be used in conjunction with base zoning districts where it is appropriate to do so. In the use of the following overlay zoning classifications, the base district shall remain in effect as it is already in existence unless changed by zoning amendment and in accordance with the provisions of Section 10 [Section 9]. New base districts or changes in existing base districts may be requested at the same time overlay or special prefix districts are requested.

§ 25B PD - PLANNED DEVELOPMENT OVERLAY DISTRICT.

25B.1

GENERAL PURPOSE AND DESCRIPTION:

The City Council of the City of Clarksville City, Texas, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may authorize the creation of a Planned Development overlay district.

The Planned Development (PD) district is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options (e.g., single-family, multi-family, duplex, etc.), or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

25B.2

PERMITTED USES:

An application for a PD district shall specify the base zoning district upon which the PD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those proposed for the PD. PD designations shall not be attached to SUP requirements. Specific Use Provisions allowed in a base zoning district are allowed in a PD only if specifically identified at the time of PD approval, and if specifically cited as an “additional use” (i.e., to those allowed by right in the base zoning district) in the ordinance establishing the PD.

In the case of residential PD districts, the proposed lot sizes shall be no smaller than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family, duplex, etc.) except for minor changes in a small percentage of the lots in order to provide improved design or flexibility in the layout of the subdivision.

25B.3

PLANNED DEVELOPMENT REQUIREMENTS:

Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate.

In the PD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete). The Planned Development district shall conform to all other regulations of the base zoning district, as well as all other sections of the Zoning Ordinance, unless specifically changed or excluded in the ordinance establishing the PD.

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and general statement citing the reason for the PD request.

The minimum acreage for a planned development request shall be one (1) acre.

A detailed Site Plan shall be submitted for approval (in accordance with Subsection B [F] below, and with Section 12 of this Ordinance) for all or some portion/lot of the Planned Development. The detailed Site Plan must be submitted for review and approval prior to any subsequent issuance of a building permit for any portion of the PD district.

Site Plan (detailed)-

Submission and approval of the detailed Site Plan shall be (in accordance with Section 12 of this Ordinance), and shall accompany an application for Planned Development zoning. The detailed Site Plan will establish the final plans for development of the Planned Development district (or any portion/lot thereof).

For any single- or two-family residential district (A, SF-12, SF-8, SF-5.5, SF-PH or 2F), a Preliminary Plat shall qualify as the detailed Site Plan.

25B.4

APPROVAL PROCESS AND PROCEDURE:

The procedure for establishing a Planned Development zoning district shall follow the procedures for zoning amendments as set forth in Section 10 [Section 9] of this Ordinance. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the detailed Site Plan (or Preliminary Plat for a residential PD) which is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying detailed Site Plan/Preliminary Plat.

The ordinance establishing the Planned Development zoning district shall not be approved (or adopted) until the accompanying Concept Plan or detailed Site Plan/Preliminary Plat is approved by the City Council, and until all other procedural requirements set forth in Section 10 [Section 9] are satisfied.

25B.5

When a zoning request for a Planned Development district is being considered, a written report from the City Manager (or his/her designee) discussing the project’s impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (such as the School District and/or utility companies), may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the City Council. In the event written comments and advisement are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a recommendation to the City Council without said comments or advisement.

25B.6

All Planned Development zoning districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be prefixed by a “PD” designation and assigned a unique identification number (e.g., PD-1, PD-2, PD -3, and so on), and shall also be referenced on the Zoning District Map.

§ 25C SUP - SPECIFIC USE PROVISIONS.

25C.1

SPECIFIC USES:

The purpose of this overlay district is to allow certain uses within base zoning districts that, under most circumstances, would not be compatible with other permitted uses but with certain conditions and development restrictions may be compatible.

The City Council by an affirmative vote may, after public hearing and proper notice (in accordance with the procedures set forth in Section 9) to all parties affected, and after recommendations from the Planning and Zoning Commission that the uses are in general conformance with the intent of the Comprehensive Plan and with general objectives of the City, and containing such requirements and safeguards as are necessary to protect adjoining property, authorize certain uses by a Specific Use Provision (SUP). As a zoning action, issuance of an SUP shall only apply to real property (i.e., shall not be attached to any person, business entity, etc.), shall not be transferred from one property to another (i.e., shall not move if a business operation relocates), and shall not expire without proper zoning action to rescind the SUP (i.e., change the zoning to remove the SUP, with appropriate public notification, public hearing, etc.).

A zoning application for an SUP shall be accompanied by a legal description and a survey (i.e., drawing) exhibit showing the property for which the SUP is being requested, and by a site plan (see Section 12) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred feet (200'). The City shall make available application forms specifying drawing requirements. The City Manager (or his/her designee), Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed. The site plan shall be reviewed and approved along with the SUP zoning application, and in accordance with Section 12 of this Ordinance.

25C.2

SPECIFIC USE PROVISION REGULATIONS:

In recommending that a Specific Use Provision for the premises under consideration be granted, the City shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening and open space, heights of structures, and compatibility of buildings. In approving a requested SUP, the Planning and Zoning Commission and City Council may consider any or all of the following:

The use is harmonious and compatible with surrounding existing uses or proposed uses;

The activities requested by the applicant are normally associated with the permitted uses in the base district;

The nature of the use is reasonable;

Any negative impact on the surrounding area has been mitigated; and/or

That any additional conditions specified ensure that the intent of the district purposes are being upheld.

In granting a Specific Use Provision, the Planning and Zoning Commission and City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Building Official, or his/her designee, for use of the building on such property pursuant to such Specific Use Provision and such conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the City Council prior to issuance of the certificate of occupancy, and shall be incorporated into the amending ordinance establishing the SUP.

No Specific Use Provision shall be granted unless the applicant, owner and grantee of the Specific Use Provision shall be willing to accept and agree to be bound by and comply with the written requirements or conditions of the Specific Use Provision, as incorporated into the amending ordinance establishing the SUP, and as reviewed by the Planning and Zoning Commission and approved by the City Council.

A building permit or certificate of occupancy shall be applied for and secured within one (1) year from the time of granting the Specific Use Provision, provided however, that the City Council may authorize an extension of up to one (1) additional year. After the one-year period (and the extension, if such has been granted by City Council) has elapsed, the current property owner must submit a new application and site plan for approval by the Planning and Zoning Commission and the City Council.

No building, premise, or land used under a Specific Use Provision may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended Specific Use Provision is granted for such enlargement, modification, structural alteration, or change.

Minor changes or alterations may be approved by the City Manager, or his/her designee.

The Zoning Board of Adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Specific Use Provision.

When the City Council authorizes granting of a Specific Use Provision, the Zoning District Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and prefixed by a “SUP”, or “S” designation followed by the identification number assigned to that particular SUP (e.g., S-1, S-2, S-3, and so on). A list of all issued SUPs, showing the uses allowed and any other special stipulations of each SUP, shall be maintained as part of this Ordinance.

25C.3

USE REGULATIONS:

Uses allowed by SUP are specified in Section 35 [Section 26] (Use Charts).

25C.4

PRIOR SUP ORDINANCES REMAINING IN EFFECT:

Prior to adoption of this Ordinance, the City Council had established various SUPs, some of which are to be continued in full force and effect. The SUPs (or parts of SUPs) approved prior to this Ordinance shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective SUPs shown on the Zoning District Map as of the effective date of this Ordinance. Each prior SUP ordinance is hereby assigned a unique identification number and subsequent SUP ordinances adopted after the effective date of this Ordinance shall be similarly numbered for identification purposes.