Title
Ordinance - Public Hearing and First and Final Reading on an Ordinance Approving Proposed Amendments of Chapter 155 of the Mansfield Code of Ordinances to revise Section 155.054(B), “Permitted Use Table”, permitting donation boxes as an accessory use by right in the 2F, MF-1, MF-2, O-P, C-1, C-2, C-3, I-1, and I-2 Districts and to amend the regulations in Section 155.099(B)(40) related to donation boxes (OA#24-001)
Requested Action
To consider the proposed text amendment
Recommendation
The Planning and Zoning Commission met on January 23, 2023, and voted 7 to 0 to recommend approval of the text amendment.
Vote:
Ayes: 7 - Mainer, Axen, Bennett, Goodwin, Moses, Shaw, and Thompson
Nays: 0
Absent: 0
The Department of Planning and Development Services recommends approval of the text amendments as presented.
Description/History
The City recognizes that donation boxes can deliver positive contributions to the social well-being of communities and that donation boxes, too, if not properly located and maintained, can adversely impact the quality of life, property values, and aesthetic of communities.
Accordingly, the Department of Planning and Development Services first prepared and presented text amendments to the Zoning Ordinance (e.g., Section 155.054, Permitted Uses and Section 155.099, Special Conditions) to provide standards for their location and maintenance. Those text amendments complement the provisions contained in Chapter 116 of the Mansfield Code of Ordinances entitled, “Donation Box Permits and Enforcement”. The provisions in Chapter 116 are intended to provide the Department of Regulatory Compliance and other departments with a means for enforcing land use provisions and maintaining records of their locations.
Presently, Section 155.054(B) Table D requires a Specific Use Permit (SUP) for Donation Boxes in the OP, C-1, C-2, C-3 and I-1 Districts; and Donation Boxes are permitted as a matter of right in the I-2, Districts. As proposed, Section 155.054(B) Table D would be amended to remove existing language identifying Donation Boxes as a principal use in the OP, C-1, C-2, C-3, I-1, and I-2 Districts in its entirety whether requiring a SUP or permitted by-right; and replacing the same with new language identifying Donation Boxes as an accessory use permitted by-right in the 2F, MF-1, MF-2, O-P, C-1, C-2, C-3, I-1, and I-2 Districts.
Finally, the proposed text amendments to the existing provisions in Section 155.099, Special Conditions, would clarify the permitted locations of Donation Boxes, provide references to definitions for open spaces and passive space as defined in Section 155.012, Definitions, and described in Section 155.092(L), Aesthetics and Passive Space; impose a minimum distance of requirement of 300 feet separating Donation Boxes; clarify distance requirements from key transporation routes (e.g., U.S. Highway 287, U.S. Business Highway 287, and State Highway 360, including Toll Road 360); clarify height and volume considerations; and impose restrictions on color and advertising.
For the purposes of this report, the following district nomenclature is used:
• 2F, Two Family Residential District
• MF-1, Multi-family Residential District
• MF-2, Multi-family Residential District
• OP, Office Park District
• C-1, Neighborhood Business District
• C-2, Community Business District
• C-3, Commercial-Manufacturing District
• I-1, Light Industrial District
• I-2, Heavy Industrial District
Prepared By
Jason Alexander, AICP, CEcD
Executive Director of Planning and Development Services
817-276-4229