§ 155.095  RESIDENTIAL PROXIMITY STANDARDS.
   (A)   Purpose. To protect the property value and lifestyle of citizens living in the proximity of non-residential developments without placing undue hardship on developers of non-residential developments.
   (B)   Applicability.
      (1)   The provisions of divisions (C) through (H) of this section shall apply to any development in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification when abutting any property in a residential zoning classification or a PR zoning classification that is occupied by a residential use.
      (2)   The provisions of divisions (G) and (H) of this section shall apply to any development in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification when located along a street with a 50 or 60 foot right-of-way across from residential lots or tracts that front on such street.
      (3)   The provisions of divisions (C)(2) and (D) of this section shall apply to any residential development in a residential zoning classification or a PR zoning classification when abutting any property in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification as specified hereinafter; however, they shall not apply to residential developments that were preliminary or final platted or that were submitted for preliminary or final plat approval before the adoption of such provisions.
      (4)   The provisions of this section shall not apply to development on any property owned and used by the city, the Mansfield Independent School District and any church regardless of zoning provided that it complies with the requirements in divisions (E) and (F) of this section.
      (5)   Permitted uses that are in existence at the time of adoption of the provisions of this section shall be governed by the nonconforming use regulations of this chapter. Any expansion or addition to such existing uses shall conform to the provisions of this section.
      (6)   The requirements in the provisions of this section shall not be administratively deferred or waived by city staff. Any person who wishes to seek a special exception or variance may follow the provisions in § 155.082 and § 155.113.
      (7)   It is the intent of this section to treat property in a PR zoning classification that is occupied by a residential use the same as it is in a single-family residential zoning classification. Therefore, all provisions of this section that apply to property or development in a single-family residential zoning classification shall also apply to property or development in a PR zoning classification that is occupied by a residential use.
   (C)   Setback and height regulations.
      (1)   Non-residential use.
         (a)   Structures in an I-1 or I-2 zoning classification shall setback a minimum of 40 feet from the boundary of any abutting property in a residential zoning classification. The same setback requirement shall apply to all outside storage, loading docks, truck berths, and routine parking or storage of tractor-trailers, and vehicles that are rated to have a carrying capacity over one ton.
         (b)   Structures in an OP, C-1, C-2 or C-3 zoning classification shall comply with the minimum setback from the boundary of any abutting property in a residential zoning classification as depicted in the table below in conjunction with the specifications in both the "Maximum Height" and "No. of Stories" columns.
 
Zoning
Min. Setback (ft.)
Max. Ht. (ft.)
No. of Stories
OP & C-1
20
20
1
OP & C-1
35
35
2 or less
C-2 & C-3
52.5
35
1
C-2 & C-3
60
40
2 or less
C-2 & C-3
67.5
45
3 or less
C-2 & C-3
75
50
1 or more
 
      (2)   Residential use.
         (a)   Residential lots in a residential zoning classification or a PR zoning classification that abut properties in an OP, C-1, C-2, C-3, I-1 or I-2 zoning classification shall provide a 40 foot minimum setback for the principle residential building along the lot lines that abut the boundary of such non-residentially zoned property.
         (b)   In order to accommodate the 40 foot minimum building setback, the minimum residential lot depth shall be increased by the difference between 40 feet and the minimum rear setback required by the residential or PR zoning district where the lot is located; or the minimum residential lot width shall be increased by the difference between 40 feet and the minimum side setback required by the residential or PR zoning district where the lot is located, whichever is applicable.
   (D)   Noise.
      (1)   Non-residential uses shall not generate any loud noise of such intensity as to create a nuisance or detract from the use or enjoyment of the abutting residential uses. The provisions in this division do not apply to properties in the I-2, Heavy Industrial zoning classification.
      (2)   Outdoor speakers shall be directed away from any abutting property in a residential zoning classification.
   (E)   Setback for trash containers and refuse or recycling storage areas. Trash containers and storage areas for refuse or materials awaiting disposal or recycling shall be set back a minimum of 25 feet from the boundary of any abutting property in a residential zoning classification.
   (F)   Lighting. All lighting of a non-residential use must be shielded or pointed away from any abutting property in a residential zoning classification so there shall be no direct illumination across the common boundary with the property in the residential zoning classification. This restriction shall not apply to special events not exceeding 72 hours or the lighting of a sports facility that belongs to the city or the Mansfield Independent School District.
   (G)   Driveway access. No non-residential driveway access shall be permitted onto a street with a 50 or 60 foot right-of-way across from residential lots or tracts that front on that street unless no other reasonable access is available as determined by the Planning and Zoning Commission during a plan review at the developer's request. This restriction shall not apply if the street is shown in the city's most recent Thoroughfare Plan to have a right-of-way of 70 feet or larger.
   (H)   Signage. Wall or free-standing signs that are located along a street with a 50 or 60 foot right-of-way shall not be electrically or artificially illuminated when located across from residential lots or tracts that front that street. This restriction shall not apply if the street is shown in the city's most recent Thoroughfare Plan to have a right-of-way of 70 feet or larger.
(Ord. 671, passed 4-15-86)