The third zoning ordinance public meeting was held on Monday.
Zoning regulates land use, promotes orderly community growth, protects public health and safety, and helps to maintain property values. It helps to organize community development, helps to prevent land use conflicts. Zoning guides infrastructure planning, and helps preserve community character.
The city’s intent is to move away from cumulative zoning, which has created challenges in the past. As is currently drafted, singlefamily residential use is prohibited in the B-1, B-2 and B-3 commercial zoning districts. A SUP is not required for single family use in those districts because the use is not permitted. If an applicant or property owner wasn’t to develop a property zoned B-1, B-2 or B-3 for single-family residential use, the applicant would need to request rezoning to an appropriate zoning district. No preemptive rezonings are being proposed for singlefamily zoning districts. The lots are considered lots of record and would not need a new survey.
Cumulative zoning allows for land use by permitting less intensive activities or uses within zones designated for more intense uses, offering a layered approach to zoning regulations. Such as in a B2 General Business district allowing for differing residential uses.
According to information from the city, no single-family properties are being rezoned at this time. Existing properties may remain under their current zoning and continue operating under current zoning ordinances. Most proposed changes will apply to the new zoning requests or new development and are not intended to impact existing development.
The proposed SF-3 district does not allow tiny homes or manufactured homes by right. Manufactured homes may be permissible on a lot of record (50 feet or less in width) and is located within a residential zoning district. HUD manufactured homes can be installed in flood zones if proper methods of reducing flood damage are followed adhering to city code.
The proposed zoning ordinance complies with SB785 by allowing the installation of HUD manufactured homes for use as a dwelling. The city does not require a permit fee, bond, or insurance for the transportation or installation of HUD MH. The proposed zoning ordinance also allows for the replacement of a legally installed HUD MH in differing circumstances.
The municipality the authority to determine any areas appropriate for the installation of a HUD MH including a subdivision, planned unit development, single lot, and rental community or park and shall permit by right of a new HUD MH for use as a dwelling under at least one: residential zoning classification, type of residential zoning district, or dedicated zoning classification for residential HUD Code MH.
Concerning Zero lot line residential, it was included in the SF-3 MR and MF districts because they can accommodate the additional density and designed with shorter setbacks that support the development. If the city chooses, this can be revised to be permitted by right rather than requiring an SUP.
The SUP requirement was included so that the Planning and Zoning Commission (P&Z) and city council could review and approve the site plan and elevations. If the city wants to see zero line developments in DF-1 and SF-2, it can be revised.
As to carports, the proposed changes included obtaining a building permit before construction, along with submitting building plans and a material list and be approved by the building inspector. The structure will be solely for parking, storage or protection of vehicles. Carports in a SF-2 or SF-3 district must be located in the front yard with a maximum of one carport, and at least three side open if no more than 15% of the vertical plane of that side is obscured by vertical structural supports, walls, screening, lateral bracing, trim, fascia, glazing or other vertical elements. Carports must be constructed over an improved surface to become the finished floor.
If a home includes a front-entry garage, the door must be placed at least 25 feet back, due to shorter driveway concerns and avoid sight triangle issues and the likelihood that vehicles will be pushed into the street.
Accessory dwelling units such as mother-in-law houses or caretaker houses are allowed in single-family districts, with some citizens concerned about those becoming rentals.
According to the city, accessory dwelling units are being introduced as a way to expand housing options and an ADU permit will not be issued unless all applicable ordinance requirements are met. An ADU must meet structure and location requirements, may be rented or occupied by a guest, but may not be sold apart from the principal dwelling’s living space. An ADU may have a separate utility meter and shall have an assigned address.
Day care centers with seven or more children will require an SUP in most zoning districts and must comply with the applicable use-based standards. A day care home with six or fewer children is permitted in certain zoning districts, and regulations are intended to align with the city’s ordinance with Texas Law and reduce potential legal exposure. A state license is required before a Certificate of Occupancy can be issued.
Home-based businesses, with impact as land use, can be removed from the zoning ordinance.
There are multiple properties that have not been platted or developed, but if referring to legally dedicated lots those have essentially been developed.
Levelland currently has nine low to moderate homes and apartments including University Square, Better Living, The Lodge, Park Terrace, Rose Meadows, 400 N Cedar, Tower Arms, Sundland and the Levelland Housing Authority.
Concerning the tearing down of certain properties, if a structure, building, or dwelling contain conditions or defects constituting it as substandard, dangerous, or uninhabitable, it may be declared a public nuisance and steps may be taken to notify the property owners of the violations and the requirement to abate. A public hearing will be held before the Housing Standards Commission forwarding any recommendations for demolishment to the city council for final approval.