Planning & Zoning Commission
Regular MeetingRoswell, NM · July 28, 2015
Minutes
MINUTES OF THE REGULAR MEETING
Planning and Zoning Commission
JULY 28, 2015
REGULAR MEETING 6:00 P.M.
CALL TO ORDER AND WELCOME –Chair- Ralph Brown, Secretary- Eddie Carrillo.
A regular meeting of the Planning and Zoning Commission was called to order at
approximately 6:00 p.m. by Chair Brown with the following members present:
Members present included Bruce Gwartney, and Riley Armstrong, Eddie Carrillo
and David Storey.
Absent members included Shirley Childress and Toby Gross
Staff present included Louis Najar- City Engineer, Bill Morris- City Planner,
Elizabeth Stark-Rankins- Support Services Administrator, Amber Copeland- Zoning
Administrator, and Danny Renshaw- Zoning Technician.
APPROVAL OF AGENDA- July 28,2015
Mr. Carrillo moved to approve the agenda by reversing the order of cases 15-08
and 15-09. Mr. Armstrong seconded the motion and all were in favor.
APPROVAL OF MINUTES – June 30,2015
Mr. Carrillo moved to approve the minutes as presented. Mr. Armstrong seconded
the motion and all were in favor.
SWEARING IN –
Chair Brown swore in Staff and members of the audience.
PUBLIC HEARING ITEMS
1. CASE 15-07: LAND USE AND ZONING CONSIDERATIONS
Sylvia Eaker, owner, is requesting a variance of 8’ to the required 20’ setback for
open porches in an R-1 District. The lot measures 50’ by 75’, more or less, is not unusually
shaped, and does not possess any unusual topographical features. Access is from East
6th Street, a local street as defined by the 2005 Comprehensive Master Plan’s Street
Classification Guide. The lot is zoned R-1 District and abuts R-1 District to the north, west,
and south and R-3 District to the east. Residential structures are located on the
surrounding lots.
Mr. Armstrong made the motion to waive the reading of the Land Use and Zoning
Considerations and Findings of Facts for Case 15-07. Mr. Gwartney seconded the motion
and all were in favor.
Charles Purcell, Private Building Inspector spoke in favor of granting the variance. Since
the contractor did not get a permit he is willing to pay double fines.
Margaret Barber stated how the remodel has enhanced the neighborhood and helped the
character of the area.
Gonzales Chaves stated the variance should be granted.
Julie Baxley stated the overhang was in poor shape, and how the owner has improved
and enhanced the neighborhood.
Amber Copeland stated how the construction was started from an old build that had no
aerial photos and had lost its legal non-conforming status. That there was one letter of
protest that set the percentage at 11.96% so it does not take 5 out of 7 votes to pass.
Planning & Zoning Page 1 of 3 July 28, 2015
Mr. Gwartney made the motion to pass the variance. Mr. Carrillo seconded the motion
and all were in favor.
2. Case 15-09: LAND USE AND ZONING CONSIDERATIONS:
The owners are requesting a Special Use Permit for a Bed and Breakfast in an R-
3 District. The property abuts R-3 District to the east and south and R-1 District to the
north and west. To the east is the Roswell Independent School District’s Administrative
Services Building, to the south is a credit union, to the west and north are single-family
residential homes, and to the northeast is a law firm. Access is from North lea Street and
West 4th Street, Local Streets as defined by the 2005 Comprehensive Master Plan’s
Street Classification Guide. The area is recommended for low- density residential
development by the 2005 Comprehensive Master Plan.
Mr. Armstrong made a motion to waive the reading of the Land Use and Zoning
Considerations and Findings of Facts for Case 15-09. Mr. Gwartney seconded the motion
and all were in favor.
Janlee Zumwalt and Rick Wiles- Property and Business Owners provided the history and
a Virtual Tour of the property and what they are going to achieve. They stated the
importance of the location and what it will bring to the area. Letters of inspection have
been received from the State of New Mexico Environment Department and the Roswell
Fire Department.
Those speaking in favor-
Mr. Dick Luntz whose property abuts on the alley stated he if familiar with B&B’s and
expect they will maintain the property.
Mr. Joshua Watkins is a minister and friend stated he has toured the property and
expressed his interest in using the facilities.
Ms. Martha Bean spoke in favor stating she has moved from the area but fully support
their efforts.
No one spoke against.
Ms. Copeland stated staff had received no complaints against.
Mr. Najar stated they will need 4 plus 2 accessible parking spaces for a total of 6 off street
spaces.
Mr. Armstrong made the motion to approve Case 15-07 on the consideration and
testimony provided. Mr. Carrillo seconded the motion and all were in favor.
3. CASE 15-08: LAND USE AND ZONING CONSIDERATIONS:
The property owner is requesting a variance to the required number of parking
spaces for a multi-family residential use in an R-3 District. Lots 1 and 2 of Pocono Place
Unit One are zoned R-3 District and are located at approximately the northwest corner of
North Sycamore Avenue and West College Boulevard. The tract is approximately 13.5
acres, more or less, and is of an irregular shape. A C-2 District lot measuring
approximately 240’ by 340’ is located at the immediate corner is not included in the
request. Access to Lots 1 and 2 is from North Sycamore Avenue and West College
Boulevard, both Minor Arterial Streets as classified by the 2005 Comprehensive Master
Plan’s Street Classification Guide. This area is recommended for C-2 Commercial
Development by the 2005 Comprehensive Master Plan.
Mr. Chad Lydick spoke in favor for the owner and the engineering firm. Stating the parking
requirements is the last remaining issue.
Mr. Najar passed out drawings of the site plan stating it has been revised three times.
Phase One has a ratio of 1.96 and Phase Two has a ratio of 1.8 with a average ratio of
1.89.
Planning & Zoning Page 2 of 3 July 28, 2015
Mr. Lydick stated there have been multiple units built and the ratio works. There is a
variance for both phases and a temporary detention pond planned for both phases and
the Featherstone Property. Phase two may have to be underground.
Mr. Najar stated they are 28 spaces short of the requirements. Phase One could be used
as a test since there is a need for transitional housing.
Mr. Lydick stated there will be a 6 to 9 month lag between phases which will give time to
evaluate and adjust before the start of Phase Two.
No one spoke against the variance.
Mr. Carrillo made the motion to approve with the conclusion of Phase One that provisions
for adjustments could be made before Phase Two. Mr. Armstrong seconded the motion
and all were in favor.
4. AMENDMENTS TO ZONING ORDINANCES NO. 10-02: AMENDED
Mr. Bill Morris- City Planner stated there is a need for change of the mixed use
needs but before there is a proposal, there is a need for more refining.
F. OTHER BUSINESS
Mr. Najar stated this will be Amber Copeland’s last meeting and thanked her for
her service.
H. ADJOURN
Mr. Brown adjourned the meeting at 7:08 pm.
Ralph Brown – Chair Eddie Carrillo - Secretary
Planning & Zoning Page 3 of 3 July 28, 2015
Agenda
Roswell Planning and Zoning Commission
Tuesday, July 28, 2015 at 6:00 p.m.
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Commission Chair: Ralph Brown
Vice Chair: Shirley Childress
Secretary: Eddie Carrillo
Commission Members: Riley Armstrong, Toby Gross, Bruce
Gwartney, David Storey
Staff Coordinator: Amber Copeland
A. Call to Order
B. Approval of the Agenda
C. Minutes
1. Consider approval of the June 30, 2015 minutes
D. Swearing In
E. Public Hearing Items
1. CASE 15-07: A Variance of 13’ to the Required 25’ Front Yard Setback in an
R-1 Residential District, the East 50’ of Lot 14 and the East 50’ of the Northern Half
of Lot 13, Block 39 of West Side Addition, known as 408 West 6 th Street, Sylvia
Eaker/Owner
2. CASE 15-08: A Variance to the Required Number of Parking Spaces for a Multi-
Family Residential Development in an R-3 District, Lots 1 and 2 of Pocono Place
Unit One, located at the northwest corner of North Sycamore Avenue and West
College Boulevard, Spring River Apt. Limited Partner, L.L.L.P./Owner, Chad Lydick
P.E./Agent
3. CASE 15-09: A Special Use for a Bed and Breakfast in an R-3 Residential
District, Lots 1, 2, and 3, Block 20 of West Side Division, known as 312 North Lea
Street, Janlee Zumwalt and Rick Wiles/Owners
4. Amendments to Zoning Ordinance No. 10-02: Amended
F. Other Business
G. Public Comments
H. Adjourn
This is your official meeting notification. Should you be unable to attend or have questions,
please call the Zoning Department at 637-6218.
Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4
NMSA 1978 and Resolution 14-36.
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language
interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting,
please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as
possible. Public documents including the agenda and minutes can be provided in various accessible
formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is
needed.
Printed and posted: 7-22-15
MINUTES OF THE REGULAR MEETING
Planning and Zoning Commission
JUNE 30, 2015
REGULAR MEETING 6:00 P.M.
CALL TO ORDER AND WELCOME –Chair- Ralph Brown, Secretary- Eddie Carrillo.
A regular meeting of the Planning and Zoning Commission was called to
order at approximately 6:00 p.m. by Chair Brown with the following members
present:
Members present included Bruce Gwartney, and Riley Armstrong, Eddie
Carrillo, Toby Gross, Shirley Childress.
Absent members included David Storey.
Staff present included Elizabeth Stark-Rankins- Support Services
Administrator, Amber Copeland- Zoning Administrator, and Danny Renshaw-
Zoning Technician
APPROVAL OF AGENDA- June 30, 2015
Mr. Gross moved to approve the agenda as presented. Mr. Carrillo
seconded the motion and all were in favor.
APPROVAL OF MINUTES –May 26, 2015
Mr. Armstrong moved to approve the minutes as presented. Mr. Carrillo
seconded the motion and all were in favor.
SWEARING IN
Chair Brown swore in Staff and members of the audience.
PUBLIC HEARING ITEMS
1. ELECTION OF OFFICERS
Ms. Childress requested to step down as Vice Chair. Mr. Armstrong made
the motion to elect Mr. Brown as Chair. Mr. Carrillo seconded the motion and all
were in favor.
Mr. Carrillo made the motion to elect Mr. Armstrong as Vice Chair. Ms.
Childress seconded the motion and all were in favor.
Mr. Gross made the motion to elect Mr. Carrillo as Secretary. Mr.
Armstrong seconded the motion and all were in favor.
2. Amendments to Zoning Ordinance No. 10-12: Amended
Ms. Copeland stated this is the second round of changes to the Zoning
Ordinance. She stated first round will be going to City Council July the Ninth. She
stated Staff has added new zoning districts with larger lot sizes with much lower
density, a commercial/residential mixed use district, and an Overlay District.
Ms. Copeland stated definitions were updated and that restaurants, cafes,
and taverns and that the definition of beauty shops was updated. Ms. Copeland
stated Residential Low-Density Districts were added with larger lot sizes.
Mr. Armstrong asked if the Commercial/Residential District would allow
residential uses above commercial in the same building. Ms. Copeland stated that
could definitely be a possibility and that the idea was to encourage a more urban
style of zoning with residential near to shopping and restaurants. Mr. Carrillo
stated a similar use currently exists at the corner of Alameda Street and Main
Street. Ms. Copeland stated C-2 Districts allow for a single residential use as an
accessory to a commercial use, provided it is not rented or sold separately. Mr.
Armstrong asked if the Commission would be making a recommendation to City
Council. Ms. Copeland stated Staff was primarily concerned with getting
Commission input and that revisions would go before the Legal Committee. Mr.
Armstrong stated it seemed that the revisions were an attempt to broaden the
scope of zoning and asked if the City was responding to requests from developers.
Ms. Copeland stated Staff was attempting to anticipate future needs and to help
property owners better utilize their properties. She stated the Low Density
Residential Districts were created in response to research which indicated that
current low-density requirements were comparable to other municipalities’
medium- to high-density requirements. Mr. Armstrong asked if the City currently
has Overlay Districts. Ms. Copeland stated the City does not. She stated the City
does have Planned Unit Developments (PUDs) but that those are a different
development type. She stated no changes would be made to existing PUDs and
that they would not be affected by the proposed changes. Ms. Copeland stated an
Overlay District can be placed over existing zoning districts to expand uses. Ms.
Stark-Rankins stated the City would likely initiate Overlay Districts whereas
developers would initiate PUDs. Ms. Copeland stated property owners affected by
the Overlay District would still have to approve the request and be in agreement
with the proposal and that Overlay Districts can be tailored to the specific need.
Ms. Stark-Rankins stated the Overlay District being listed allows for their creation.
She stated areas like the Metropolitan Redevelopment Area of the Railroad
District and Old Municipal Airport would be possible candidates for Overlay
Districts. She stated Overlay Districts would default to the underlying zoning while
either adding flexibility or creating firmer guidelines.
Ms. Stark-Rankins stated the difference between a Zone Change and an
Overlay District would be that an Overlay District is initiated by the City and can
affect numerous property owners, as opposed to a Zone Change which is typically
initiated by property owners and is limited to their own property. She stated
Overlay Districts can make provisions for a certain style of architecture to be
maintained or for certain uses to be allowed and becomes a part of the Zoning
Map.
Mr. Armstrong stated under this concept to the Old Municipal Airport Area
could became an Overlay District with industrial, commercial, and multi-family
and single-family residential in a mixed use area. Ms. Stark- Rankins stated the
Old Municipal Airport is a large area of vacant property that the City would like to
see developed in a planned manner. She stated Overlay Districts can encompass
open space, commercial, and residential but with a consistent aesthetic
throughout.
Ms. Copeland stated the process is very similar to the Planned Unit process,
but that Overlay Districts will not deal with layouts of streets and rights-of-way.
She stated Staff would work very closely with the property owners and that the
public hearing process would be similar to the PUD process.
Ms. Stark-Rankins stated Overlay Districts are very common and that Steve
Polasek, City Manager, is from Keller, Texas, which utilizes them. Mr. Armstrong
stated he thought Lubbock, Texas also has Overlay Districts.
Chair Brown stated he felt the City of Santa Fe has an overly restrictive
building code regarding architectural details and uses that he does not want to
see the City of Roswell adopt. Ms. Copeland stated that is not Staff’s goal and Ms.
Stark-Rankins agreed. Ms. Copeland stated public participation will help to
prevent that. Ms. Stark-Rankins stated Staff hopes to help developers by
providing Overlay Districts so that they are given greater assurance that their new
development will be surrounded by others similar in quality. Chair Brown stated
he agreed with Staff’s approach.
Chair Brown asked if any Zone Changes were planned. Ms. Copeland stated
they were not. Ms. Stark-Rankins stated future Zone Changes could be possible
but that the Comprehensive Master Plan was still undergoing updates. She stated
many ideas being introduced by Staff originated with City Management. Ms.
Copeland stated a good deal had come from discussions with other municipalities
and from discussions with developers.
Chair Brown asked if Staff would like a recommendation for Council and
Ms. Copeland stated that the Commission could make a recommendation or
review the issue until the next meeting. Chair Brown stated the Commission could
make a recommendation after the Legal Committee had reviewed the material.
Ms. Stark-Rankins stated Staff wanted to make sure the Commission would be
involved in the process of revisions.
MOTION
Mr. Armstrong made a motion to recommend approval by the Legal
Committee of Proposed Amendments to Zoning Ordinance No. 10-02: Amended
with the provision that the amendments would be reviewed by the Commission
prior to a recommendation for approval by City Council. Mr. Gwartney seconded
the motion and all were in favor.
Other Business
Discussion ensued regarding mobile vendors and the Commission asked
that Staff review possible changes to the Zoning Ordinance regarding mobile
vendors.
Adjourn
Chair Brown announced the meeting adjourned at 7:00.
Ralph Brown- Chair Eddie Carrillo- Secretary
________________________________ _______________________________
Table of Contents
Article 1 Title, Purpose & Intent 1
Article 2 Administration of Zoning Ordinance 2
Article 3 Procedures, Amendments, and Changes 4
Article 4 Definitions 11
Article 5 Establishment of Zoning Districts 24
Article 6 R-S Rural Suburban District 26
Article 7 R-LD1 Residential District
Article 8 R-LD2 Residential District
Article 9 R-LD3 Residential District
Article 10 R-1 Residential District 27
Article 11 R-2 Residential District 28
Article 12 R-3 Residential District 29
Article 13 R-4 Residential District 30
Article 14 Residential Mobile Home Subdivision District 31
Article 15 Manufactured/Mobile Home Community District 32
Article 16 Locations of Mobile Homes, Travel Trailers, Recreational, and/or Oversize 38
Vehicles Outside Of Approved Districts
Article 17 CR Commercial Residential Mixed Use District
Article 18 C-1 Neighborhood Commercial District 40
Article 19 C-2 Community Commercial District 41
Article 20 C-3 Downtown Business District 43
Article 21 C-4 Commercial Business District 44
Article 22 I-1 Light Industrial District 47
Article 23 I-2 Heavy Industrial District 48
Article 24 Overlay Districts
Article 25 Planned Unit Development 49
Article 26 Development Standards 55
Article 27 Building & Performance Standards 57
Article 28 Special Flood Hazard Areas 64
Article 29 Telecommunications 65
Article 30 Renewable/Alternative Energy System 71
Article 31 Signs 80
Article 32 Home Occupations 84
Article 33 Sexually Oriented Business 101
Article 34 Non-Conforming Uses 102
Article 35 Penalties for Non-Compliance 103
ARTICLE 4: DEFINITIONS
Beauty shop. An establishment, licensed by the state of New Mexico, providing women with services that
include hair treatment, manicures, and facials.
Café. A small restaurant selling light meals and drinks, such as a coffee shop.
Restaurant. A business establishment where meals or refreshments may be purchased.
Tavern. An establishment for the sale of beer and other drinks to be consumed on the premises,
sometimes also serving food.
ARTICLE 5: ESTABLISHMENT OF ZONING DISTRICTS
Section 1. Establishment of Zoning Districts
In order to fulfill the purposes and provisions of this Ordinance, the area within the corporate
limits of the City of Roswell is divided into the following zoning districts:
Residential R-S Rural Suburban District
R - LD1 Residential Low-Density 1 District
R - LD2 Residential Low-Density 2 District
R - LD3 Residential Low-Density 3 District
R-1 Residential District
R-2 Residential District
R-3 Residential District
R-4 Residential District
RMS Mobile Home Subdivision District
MHC Mobile Home Community District
C-R Commercial Residential Mixed Use District
Commercial C-1 Neighborhood Commercial District
C-2 Community Commercial District
C-3 Central Business District
C-4 Commercial Business District
Industrial I-1 Light Industrial District
I-2 Heavy Industrial District
ARTICLE 7: RESIDENTIAL LOW-DENISTY 1 (R-LD1)
DISTRICT
Section 1. Purpose
This district is intended for low density single family detached dwellings, 1 unit per net acre, and other uses
which uphold and maintain the low density residential nature of the district.
Section 2. Use Regulations
A. Permitted Uses are as follows:
1. Single family detached dwellings
2. Home Occupations
3. Publicly owned police/fire stations/parks or playgrounds and related buildings
B. Special Uses are as follows:
1. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of
worship and those uses usually associated with them like day care services
2. Community Association swimming pools and/or recreational facilities
3. Golf courses and related buildings
4. Public utility and service facilities
5. Schools; public or private, elementary, secondary, and colleges
ARTICLE 8: RESIDENTIAL LOW-DENISTY 2 (R-LD2)
DISTRICT
Section 1. Purpose
This district is intended for low density single family detached dwellings, 1 unit per net 30,000 square feet, and
other uses which uphold and maintain the low density residential nature of the district.
Section 2. Use Regulations
A. Permitted Uses are as follows:
1. Any Permitted Use in the R-LD1 District.
B. Special Uses are as follows:
1. Any Special Use in the R-LD1 District
ARTICLE 9: RESIDENTIAL LOW-DENISTY 3 (R-LD3)
DISTRICT
Section 1. Purpose
This district is intended for low density single family detached dwellings, 1 unit per net 15,000 square feet, and
other uses which uphold and maintain the low density residential nature of the district.
Section 2. Use Regulations
A. Permitted Uses are as follows:
1. Any Permitted Use listed in the R-LD1 District
B. Special Uses are as follows:
1. Any Special Use listed in the R-LD1 District.
ARTICLE 17: CR COMMERCIAL RESIDENTIAL MIXED USE
DISTRICT
Section 1. Purpose
This district is intended to provide a mixture of neighborhood retail, personal service, high-density residential,
and public spaces designed for residents of that neighborhood. These uses should add benefit to the immediate
area and not have a detrimental effect on that neighborhood.
Section 2. Use Regulations
A. Permitted Uses are as follows:
1. Neighborhood athletic clubs/Gyms
2. Banks/Credit Unions/Financial institutions
3. Hospitality Establishments (Example: hotels and motels)
4. Lodges, Clubs, Fraternal, Religious (No gun clubs)
5. Commercial Retail/Service stores less than 25,000 square feet
6. Professional Offices
7. Multi-family housing
8. Medical facilities/offices/centers less than 25,000 square feet
9. Private or public parking lots/garages/decks
10. Public or private utility/Service/radio/TV/cable
11. Restaurants/bars/cafés/taverns and similar uses
12. Theaters, indoor
13. Vendors shall be permitted during community events and festivals with appropriate permits
from the City of Roswell.
14. Community gardens
15. Any other use that meets the intent and purpose of this Article and is similar and comparable
to those uses listed above.
ARTICLE 21: C-4 COMMERCIAL BUSINESS DISTRICT
Section 8. Sanitation Dumpsters and Grease Bin Enclosure Requirements
A. All commercial properties in the C-4 District will have their sanitation and/or grease removed from the
alley ways.
B. All dumpsters (and grease bins if required) shall be located in their own separate enclosures. If both
dumpsters and grease bins are required for a site, they must each be located in a single enclosure with a
concrete masonry unit (CMU) wall separating the two of them. At no time will the dumpster and grease
bin be permitted inside a single enclosure together.
C. Pipe bollards shall be located inside each separate enclosure between the dumpster and/or grease bin and
the rear wall of the enclosure to prevent damage to the rear wall from the routine sanitation pick-up
services.
D. Enclosures shall be constructed with the rear wall of the enclosure at the rear property boundary line, with
the opening of the enclosure(s) facing towards the alley way. Should a different location be requested, it is the
developer’s responsibility to get this location pre-approved by the Director of Sanitation before a Building
Permit can be issued.
B. All sanitation dumpsters and grease bins shall be lidded.
C. All sanitation dumpsters shall be enclosed on three sides with walls no less than 6’ in height constructed
with consistent masonry building materials used in the main commercial property.
1. Enclosure openings shall abut the rear property line (at a right angle OR at a 15 degree angle facing
N/S/E/W according to the Sanitation Department’s route plan for service) and be located away
from high-traffic public areas such as eating tables.
2. Enclosures shall have metal-framed doors to fully enclose sanitation dumpsters installed.
3. Sanitation dumpster enclosures shall have dimensions of a minimum of 7’ by 9’ per dumpster to
include space for pipe bollards and associated railing.
4. Pipe bollards and connected railing shall be installed within the enclosure to prevent damage to the
enclosure from routine sanitation pick-up services.
a. Three pipe bollards shall be located inside each separate enclosure between the sanitation
dumpster or grease bin and the rear wall located at either corner and in the center.
b. Pipe bollards shall be placed on either side of the sanitation dumpster location at the opening
of the enclosure. Therefore, an enclosure with one sanitation dumpster will necessitate five
bollards whereas an enclosure with two sanitation dumpsters will necessitate eight bollards.
(Please reference Figure 1 below.)
c. All bollards shall be a minimum of 3” in diameter and 32” in height and constructed of metal.
d. All bollards shall be connected by 2” diameter metal railing which shall be welded to the
bollards.
D. Grease bins shall be located in a separate enclosure from the sanitation dumpsters with separate access
and conform to the same requirements for the enclosure as listed above for sanitation dumpsters except
for the following requirements:
1. The grease bin enclosure may be attached to the sanitation dumpster enclosure, but shall be separated
by a wall of the same material used for the sanitation dumpster.
2. Grease bin enclosures shall be no less than 6’ in height and allow for dimensions to accommodate the
size of the grease bin and required bollards with connective railing.
Grease bin enclosures shall have floor drains installed which drain into an approved grease receptor as listed
in City Code and approved by Staff.
Figure 1:
ARTICLE 24: OVERLAY DISTRICTS
Section 1. Purpose
Overlay districts provide a flexible zoning apparatus to allow for a mixture of uses that may be necessary or
desirable for a particular area. Overlay districts can encompass multiple lots, property owners, and underlying
zoning districts to achieve a desired goal. Mixtures of commercial, industrial, and residential uses can be
combined beyond traditional zoning. Overlay districts shall be in harmony with surrounding zoning and
environments and the specific needs of that area.
Section 2. Land Areas Included
Overlay districts may be established in districts zoned to permit residential, commercial, or industrial uses as an
essential or primary use and only in accordance with the provisions of this Article.
Section 3. Permitted Uses
Uses allowed in the underlying zoning district shall guide the uses allowed in the overlay district. However, each
overlay district can more specifically identify those uses that are permitted. The overlay district shall override
specific items from the underlying zoning district if specifically included in the overlay district code.
Section 4. Application of Zoning Regulation
The approval of development in an overlay district may include modifications in the requirements and standards
of the underlying zoning classifications of the property upon which the project is located, subject to the
limitations provided by the standards set forth in this Article. If the land within the proposed development is
also to be subdivided, it shall also be subject to the City of Roswell Subdivision Ordinance.
Section 5. Process
City Staff shall initiate the process to create Overlay Districts.
The process shall consist of the following:
A. A conceptual review by City Staff and the affected property owners shall be held to determine if the
proposed Overlay District corresponds well with the immediate and surrounding areas and needs from
the community.
B. Review of the proposed Overlay District shall be done by the Planning and Zoning Commission and a
recommendation shall be made to the City Council.
C. If approved, the Overlay District shall be noted on the Official Zoning Map and included with this article
of the Zoning Ordinance below.
Section 6. Planning and Zoning Commission Recommendation
The Planning and Zoning Commission shall review the proposed Overlay District at a regular meeting and
may, after public hearing, on the vote of a majority of the total members of the Planning and Zoning
Commission, disapprove the request or recommend to the City Council that approval be granted, subject to
such changes therein or impose such conditions of approval, if any, as are in its judgment necessary to ensure
conformity to all pertinent standards and regulations. A recommendation shall be based on the Planning and
Zoning Commission’s written Findings of Facts as to:
A. Whether the proposed Overlay District will be detrimental to present and potential surrounding land use
or will have a beneficial effect;
B. Whether land surrounding the proposed Overlay District can be planned in coordination and can be
developed so as to be mutually compatible;
C. Whether utility services and other improvements, existing and proposed, are adequate for development;
D. Whether each phase of the proposed Overlay District contains the required setbacks, parking spaces, open
spaces, drainage area, landscape and utility areas necessary for creating and sustaining a desirable and stable
environment;
F. Whether the proposed Overlay District will implement the goals and objectives of the Comprehensive
Master Plan.
The determination of the Planning and Zoning Commission to approve the Overlay District or to approve it
with modifications shall be forwarded to the City Council.
Section 7. City Council Consideration of the Overlay District
Upon receipt of a request for an Overlay District from the Planning and Zoning Commission other than an
appeal of the Planning and Zoning Commission’s disapproval of a request, the City Council shall approve the
Planning and Zoning Commission’s decision with or without modifications, or remand the request to the
Planning and Zoning Commission for reconsideration, or disapprove the request. The public hearing before
the Planning and Zoning Commission shall constitute the public hearing by the City Council and no further
public hearing before the City Council shall be required.
Section 8. Permits
The Building Inspector shall issue building permits for buildings and structures that conform to the Overlay
District and with all other applicable City Ordinances and regulations. The Building Inspector shall issue a
Certificate of Occupancy for completed buildings or structure which conforms to the requirements of the
approved Overlay Districts and all other applicable City Ordinances and regulations; provided, however, that
the construction and development of all public improvements, utilities, landscaping, open spaces and parkand
recreation facilities of each project phase must be completed before any Certificate of Occupancy shall be
issued.
ARTICLE 26: DEVELOPMENT STANDARDS
Section 1. Generally
Every building, structure and use hereafter constructed or established shall meet the following area, setback,
and height requirements in addition to requirements set forth elsewhere in this Ordinance.
Section 2. Residential Districts
The minimum lot size and principal structure location requirements for residential uses in the R-S
through R-4 zoning districts are as follows:
Side Yard Street side
Front Yard setback yard
Front required setback
setback yard
required required
setback for interior Local or
Local or required lots Collector
collector arterial 1 story/2 /
Minimum streets Rear Yard Arterial
Zoning streets setback story Maximum
District Use Lot Size required Height
R-S Rural Single Family 2.0 2.5 25 35 20 5 / 10 25 / 35 35
Suburban Residence acres
R-LD 1 Low-Density 1 acre 40 40 30 20/20 30/30 35
Single Family
Residential
R-LD 2 Low-Density 30,000 S.F. 35 35 25 15/15 25/25 35
Single Family
Residential
R-LD 3 Low-Density 15,000 S.F. 30 30 20 15/15 25/25 35
Single Family
Residential
R–1 Single Family 6,000 S.F. 25 35 20 5 / 10 25 / 35 35
Residential Residence
R–2 Single Family 5,000 S.F. 25 25 20 5 / 10 25 / 25 35
Residential Residence
Townhouse B 4,500 S.F. 25 25 20 5 / 10 25 / 25 35
Per Unit
Duplex A 4,000 S.F. 25 25 20 10 / 10 25 / 25 35
R–3 Single Family 4,500 S.F. 20 25 20 5 / 10 20 / 25 35
Residential Residence
Per Unit
Townhouse B 4,000 S.F. 20 25 20 5 / 10 20 / 25 35
Per Unit
Duplex A 3,500 S.F. 20 25 20 5 / 10 20 / 25 35
Multi Family 3,000 S.F. 20 25 20 10 / 10 20 / 25 35
Residence A
Per Unit
R–4 Single Family 4,000 S.F. 20 25 20 5 / 10 20 / 25 35
Residential Residence
Per Unit
Townhouse B 3,000 S.F. 20 25 20 5 / 10 20 / 25 35
or D
Per Unit
Duplex A 3,000 S.F. 20 25 20 5 / 10 20 / 25 35
Multi Family 2,000 S.F. 20 25 20 10 / 10 20 / 25 35
Residence A
Per Unit
C-R Commercial 25 30 25 15/15 20/25 35
Residential
Mixed Use Heights
greater
then 35’
shall
require
approval
from Staff
Section 14. Sanitation Dumpsters and Grease Bin Enclosure Requirements
A. All commercial properties in any commercial districts, including properties identified as commercial within
mixed-use districts, will have their sanitation and/or grease removed from the alley ways unless otherwise
approved in writing by all applicable departments.
B. All sanitation dumpsters and grease bins shall be lidded.
C. All sanitation dumpsters shall be enclosed on three sides with walls no less than 6’ in height constructed
with consistent masonry building materials used in the main commercial property.
1. Enclosure openings shall abut the rear property line (at a right angle OR at a 15 degree angle facing
N/S/E/W according to the Sanitation Department’s route plan for service) and be located away
from high-traffic public areas such as eating tables.
2. Enclosures shall have metal-framed doors to fully enclose sanitation dumpsters installed.
3. Sanitation dumpster enclosures shall have dimensions of a minimum of 7’ by 9’ per dumpster to
include space for pipe bollards and associated railing.
4. Pipe bollards and connected railing shall be installed within the enclosure to prevent damage to the
enclosure from routine sanitation pick-up services.
a. Three pipe bollards shall be located inside each separate enclosure between the sanitation
dumpster or grease bin and the rear wall located at either corner and in the center.
b. Pipe bollards shall be placed on either side of the sanitation dumpster location at the opening
of the enclosure. Therefore, an enclosure with one sanitation dumpster will necessitate five
bollards whereas an enclosure with two sanitation dumpsters will necessitate eight bollards.
(Please reference Figure 1 below.)
c. All bollards shall be a minimum of 3” in diameter and 32” in height and constructed of metal.
d. All bollards shall be connected by 2” diameter metal railing which shall be welded to the
bollards.
D. Grease bins shall be located in a separate enclosure from the sanitation dumpsters with separate access
and conform to the same requirements for the enclosure as listed above for sanitation dumpsters except
for the following requirements:
3. The grease bin enclosure may be attached to the sanitation dumpster enclosure, but shall be separated
by a wall of the same material used for the sanitation dumpster.
4. Grease bin enclosures shall be no less than 6’ in height and allow for dimensions to accommodate the
size of the grease bin and required bollards with connective railing.
5. Grease bin enclosures shall have floor drains installed which drain into an approved grease receptor
as listed in City Code and approved by Staff.
Figure 1:
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