(A) Purpose; SA. The purpose of the special activities district is to provide for tourist-related commercial uses that are integrated through site planning and architectural design guidelines. A site plan shall be required for all land to be zoned special activities district, and shall be approved at the time the district is approved, and attached to the ordinance establishing a special activities district, in accordance with the provisions in division (B)(3). A site plan shall be required for all new construction for land zoned special activities district and shall conform in all respects to the site plan, in accordance with the provisions in division (B)(4). The acreage of a special activities district shall be not less than 175 acres.
(B) Concept plan; SA.
(1) Procedures. The City Council may, after receiving the report of the Planning and Zoning Commission, approve by ordinance the creation of a special activities district based upon a concept plan prepared in accordance with provisions of this section and processed in accordance with the procedures for establishing zoning districts. The approved plan shall be made part of the ordinance establishing the district. Any amendments to a concept plan must be in harmony with the plan for the entire district and must be approved by the City Council by ordinance. An amendment to a Council approved plan will be considered an amendment to the special activities zoning district and be processed in accordance with zoning amendment procedures. The City Council shall have full legislative discretion in its consideration of any type of plan.
(2) Criteria. In determining whether a special activities district should be established and the concept plan should be approved, the Planning and Zoning Commission in making its recommendations and the City Council in making its decision shall consider the following criteria:
(a) The plan of development is consistent with the future land use policies and map in the city’s Comprehensive Plan;
(b) The proposed uses and project design are compatible with existing and planned adjoining uses;
(c) Adequate public facilities, including open space, will be provided in a timely manner to support each phase of the development;
(d) The proposed uses and development standards are consistent with the purposes and standards of these zoning regulations; and
(e) The proposed timing of the development is consistent with the overall growth and development of the city.
(3) Designation. The ordinance establishing a special activities district shall set forth the following provisions. The general site plan shall be incorporated as an exhibit to the ordinance.
(a) A statement as to the purpose and intent of the district;
(b) The general land uses and acreage of each use authorized in the district, by use category, the location of these uses, the residential densities and nonresidential densities associated with phases of the project, in conformance with the approved site plan;
(c) General conditions and standards applicable to development within the district; and
(d) Required dedications or public improvements, if any.
(4) Site plan. A site plan shall be required for all new construction, exterior remodeling, or additions to any structure which exceed 10% of either the structure’s size or assessed value for tax purposes, in a special activities district. No building permit shall be issued for a development subject to site plan review until that site plan has been approved in accordance with this section.
(a) Application. The property owner or designated representative may initiate site plan review by filing an application with the City Administrator and submitting the required review fee and five copies of the site plan and related documents.
(b) Contents of application. Applications shall contain drawings to scale to indicate:
1. The location of existing and anticipated new structures on the subject property and adjoining property;
2. Landscaping and fencing, setback areas, uses of landscaping and walls or fences for screening purposes, and landscaping of parking areas, if applicable;
3. The design of ingress and egress to minimize interference with traffic flow on abutting streets;
4. The height of all structures;
5. The proposed uses for all structures;
6. The location and types of all signs including lighting and heights; and
7. The facade elevations of each building, including descriptions of materials and colors for finishes.
(c) Standards. The site plan shall conform to all zoning regulations, all additional requirements of the ordinance creating the district, and any supplemental or special regulations applicable to the particular use.
(d) Decision on site plan and appeal. The City Council shall designate the official responsible for review and action in the ordinance creating the district. The official so designated may approve, approve with conditions, or deny the site plan. Appeals from denial of administrative site plan shall be to the Zoning Board of Adjustment, and shall be made within 15 days. Procedures governing the appeal shall be in accordance with § 156.68.
(C) Uses; SA. The following uses shall be permitted of right or by special use permit in the special activities district.
(1) Permitted uses.
(a) The following uses shall be allowed in a special activities district; provided, however, that these uses may be restricted by the City Council in the ordinance creating the district:
1. Hotel;
2. Motel;
3. Bed and breakfast establishments;
4. Retail and service uses:
a. Arts and crafts galleries;
b. Photography studio;
c. Retail shops for clothing and souvenirs, gourmet foods, antiques, or florist shops; and
d. Cafes, restaurants, and catering facilities, excluding fast food restaurants or drive-throughs.
5. Dinner playhouse;
6. Farmers’ market;
7. Conference or events facilities;
8. Indoor or outdoor special events, such as the following: rodeos, livestock exhibitions, and auctions;
9. Tennis club or golf course;
10. Single-family residence for on-site caretaker or staff;
11. Facilities for the mixing of personal care products from natural and raw agricultural products, such as an aloe vera products mixing facility. This use does not include any animal processing, raw material processing, uses which emit odors, or heavy manufacturing or industrial uses; and
12. Private club for the serving of alcoholic beverages, where properly permitted by the State Alcoholic Beverages Commission, and where the facility is not less than 300 feet from a church, public school, or public hospital. Only one private club shall be approved per site plan.
(b) The City Council shall have full legislative discretion in determining whether these uses are appropriate with adjacent land uses, and shall have discretion to impose conditions as may be necessary to protect adjacent land uses and ensure compatibility.
(2) Conditional uses. All uses listed as conditional uses in the SF district may be requested in accordance with the provisions of that section.
(3) Temporary outdoor uses. The following temporary use may be allowed upon application for and issuance of a special use permit from the City Building Official or other designated official: seasonal fireworks displays. Request for a special use permit for a seasonal fireworks display shall be accompanied by a properly issued permit from the Fire Marshal, and may only be denied in times of drought or when the safety of the public is endangered by the activity. Fireworks displays shall be limited to no more than four per year, including one each for Independence Day weekend and New Year’s Eve.
(4) Prohibited uses. The following uses shall be prohibited:
(a) Sexually oriented businesses, including adult bookstores, adult theaters, nude modeling or photography studios, adult dancing or entertainment at private clubs; and
(b) Strip commercial development or shopping centers.
(D) Area and dimensional requirements; SA.
(1) Building setbacks.
(a) Structures shall be set back from existing residential structures on or adjacent to the property zoned as special activities district a minimum of 300 feet, measured from roof overhang to roof overhang. Structures shall be set back 300 feet from any major roadway, including FM 2551, FM 2514, Park Boulevard, and other roads as the city may from time to time designate.
(b) Enclosures such as outdoor or rodeo arenas, riding areas, or similar outdoor uses which do not require the construction of a building, shall be set back 100 feet from all roadways.
(c) Buildings shall have the following setbacks.
Yard | Setback from Roadway | Setback from Buildings |
Front yard | 300 feet | 100 feet |
Rear yard | 150 feet | 50 feet |
Side yard | 100 feet | 50 feet |
(d) Building setbacks may be modified by City Council on the site plan, provided that public safety objectives are preserved.
(2) Height limitations.
(a) Buildings for hotel use only may be three stories, not to exceed 35 feet.
(b) Buildings for all other uses shall not exceed one story, or 18 feet.
(c) Where new buildings are constructed on property which has existing buildings on the date the property is zoned special activities district, new construction shall not exceed the height of the existing buildings, or three stories, whichever is less. In this instance, the City Council may modify the height limitation in division (D)(2)(b) above, if existing buildings are higher than the buildings existing on the property when the district is created.
(E) Parking regulations; SA. Off-street parking shall be required for all new construction, based on the following standards.
(1) Where necessary for fire safety purposes, specially designated fire or traffic lanes may be required by the Fire Chief or the Building Official. The designated area shall be kept clear of all parking, storage, and other obstructions at all times.
(2) For parking areas which are hard surfaced, parking areas shall be subdivided into smaller lots. No more than 100 spaces shall be included in a single lot area. Accessible parking shall be provided as required by state and federal standards.
(3) Overflow parking for special events or recreational activities of a short-term, non- permanent nature may be located on grassy areas.
(F) Design elements; SA.
(1) Facade. Facade treatments and colors shall conform to the following, subject to any exceptions which may be approved by the City Council on the site plan:
(a) Wood materials;
(b) Overhangs and colonnades;
(c) Canopies are required, projecting from colonnades;
(d) All buildings must be constructed in uniform rural style, as that term is defined by the city. No modern or post-modern styles will be permitted. New construction shall be consistent with any existing buildings in the district;
(e) Colors of building materials must be neutrals, earth tones, or as are consistent with adjacent buildings. Any deviation from this standard must be approved by the City Council on the site plan;
(f) Shingle or tile roofs;
(g) Painted metal building materials, stucco, stone, or brick may be allowed where they are provided for in the ordinance establishing the district or on an approved site plan; and
(h) Prohibited building materials, which may not be permitted on a site plan: concrete or concrete block surfaces.
(2) Sidewalk. Sidewalks shall be installed in accordance with state or federal statutes.
(3) Lighting. Light fixtures located in parking areas must not exceed 15 feet in height, and may not be directed or placed so that the illumination circle falls outside the district boundary; provided, however, that fixtures for outdoor sporting events may not exceed 30 feet in height.
(4) Signs. Signs shall meet the following standards.
(a) Monument style signs, constructed of the same or similar materials as other improvements on the property, and no more than five feet high from the ground, are permitted in this district. Total size of the sign shall not exceed 32 square feet.
(b) No illumination elements are allowed on sign surfaces; provided, however, that the signs may be backlit or illuminated from a light installed on the ground, and designed to shine upwards only on the face of the sign.
(c) Signs shall be placed only at driveway entrances and shall not be allowed on buildings.
(d) Temporary signs for directions or events shall be permitted in accordance with the regulations contained in § 153.05, or as the same may be amended. Illuminated signs, as they are defined in Chapter 153 of this code, are specifically not allowed in this district.
(5) Loading zones and storage. All loading and unloading shall be conducted at the rear of any building or structure. Loading zones shall be placed on the property as required by the city’s building code. No outdoor storage is allowed, unless approved by City Council on the site plan, and where, due to the nature of the items being stored, it is necessary to keep them outside.
(G) Landscaping requirements; SA.
(1) Open space must constitute 40% of the gross area covered by the site plan.
(2) Parking lots shall be landscaped as follows.
(a) Landscaping requirements may be waived or modified by the City Council at the site plan stage if a finding is made that the site plan provides sufficient permeable surfaces and adequately addresses the drainage and visual impacts of impermeable surfaces.
(b) There shall be a minimum of one tree planted in the parking area for each 400 square feet or fraction thereof of hard surfaced area. Trees shall be a minimum of a four-inch caliper, and shall be conifers or hardwoods.
(c) The perimeter of all parking areas should be effectively screened to a minimum depth of 15 feet from streets, driveways, drop-off areas, buildings, and open spaces.
(d) An area equal to 15% of the total size of the parking lot must be landscaped and permeable, exclusive of perimeter plantings.
(H) Manufactured housing limitations; SA. No mobile homes or HUD-Code manufactured homes shall be permitted.
(Ord. 483, passed 6-6-2000; Am. Ord. 820, passed 8-2-2022) Penalty, see § 156.99