(a)
Purpose.
This section provides the city council the
opportunity to deny or to conditionally approve those uses for which
specific use permits are required. These uses generally have unusual
nuisance characteristics or are of a public or semi-public character
often essential or desirable for the general convenience and welfare
of the community. Because, however, of the nature of the use, the
importance of the use’s relationship to the comprehensive plan,
or possible adverse impact on neighboring properties of the use, review,
evaluation, and exercise of planning judgment relative to the location
and site plan of the proposed use are required. No rezoning request
for a district change shall be denied on the basis that the request
would be favorably received if reapplication was made for a specific
use permit.
(b)
Permit required.
A building permit or certificate of
occupancy shall not be issued for any use to be located in a zoning
district which permits that use only as a specific use unless a specific
use permit has first been issued in accordance with the provisions
of this chapter.
(c)
Application procedure.
An application for a specific
use permit shall be filed with the planning department on a form prepared
by that department. The application shall be accompanied by a site
plan which, along with the application, will become a part of the
specific use permit, if approved. The accompanying site plan shall
provide the following information:
(1)
Data describing all processes and activities involved with the proposed
use;
(2)
Boundaries of the area covered by the site plan;
(3)
The location of each existing and proposed building and structure
in the area covered by the site plan and the number of stories, height,
roof line, gross floor area and location of building entrances and
exits;
(4)
The location of existing drainageways, and significant natural features;
(5)
Proposed landscaping and screening buffers;
(6)
The location and dimensions of all curb cuts, public and private
streets, parking and loading areas, pedestrian walks, lighting facilities,
and outside trash storage facilities;
(7)
The location, height and type of each wall, fence, and all other
types of screening;
(8)
The location, height and size of all proposed signs.
(d)
Public hearings.
The notification and public hearing process for a specific use permit or revocations thereof is set forth in section 28.02.008 of this ordinance.
(e)
Conditions for approval.
A specific use permit shall
be issued only if all of the following conditions have been found:
(1)
That the specific use will be compatible with and not injurious to
the use and enjoyment of other property, nor significantly diminish
or impair property values within the immediate vicinity;
(2)
That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
(3)
That adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided;
(4)
The design, location and arrangement of all driveways and parking
spaces provides for the safe and convenient movement of vehicular
and pedestrian traffic without adversely affecting the general public
or adjacent developments;
(5)
That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
(6)
That directional lighting will be provided so as not to disturb or
adversely affect neighboring properties;
(7)
That there are sufficient landscaping and screening to ensure harmony
and compatibility with adjacent property; and
(8)
That the proposed use is in accordance with the comprehensive plan.
(f)
Additional conditions.
In authorizing a specific use
permit, the city council may impose additional reasonable conditions
necessary to protect the public interest and welfare of the community.
(g)
Time limit.
Uses allowable under a specific use permit shall not be commenced and a certificate of occupancy shall not be issued until all the conditions of the specific use permit are completed in accordance with the specific use permit. Unless construction of those conditions are commenced and substantially underway within a two-year period, the specific use permit shall become null and void. Extensions of time for good cause may be approved by the city council. A specific use permit that was issued, whether by city council or exempted by section 28.04.005(d)(2) of this chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. In the RCR and RCR-H Districts, a change from one specific use permit to another shall require city council approval. A substantially different use shall be defined as one where there is a change in the intensity of the use. A change in intensity shall include, but not be limited to, external structural alteration or enlargement of the building, an increase in the required number of parking spaces, an increase in the hours of operation or an increase in offensive noise, vibrations, sound, smoke or dust, odors, heat, glare, X-ray or electrical disturbance to radio or television.
(h)
Revocation.
A specific use permit may be revoked or
modified, after notice and hearing, for either of the following reasons:
(i)
Amendments.
The procedure for amendment of a specific
use permit shall be the same as for a new application; provided, however,
that the director of planning may approve minor variations from the
original permit which do not increase density, change traffic patterns,
or result in any increase in external impact on adjacent properties
or neighborhoods.
(j)
Processing fee.
A processing fee, as set in section 28.02.008(e) of this chapter, shall be required for the processing of each specific use permit request.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 85-120, sec. 2, adopted 11/26/85; Ordinance 87-33, secs. 6, 8, adopted 4/28/87; Ordinance 98-7, sec. 6, adopted 2/3/98; 1978 Code, sec. 30-26; Ordinance 08-106, sec. 6, adopted 11/25/08)
(a)
Off-street parking regulations.
It is the intent of
this section to assure that adequate off-street parking to accommodate
personal vehicles of employees and/or customers is provided with the
construction, alteration, remodeling or change in the use of land.
(1)
Any person establishing an off-street parking facility or applying
for a building permit for construction, reconstruction, or alteration
of the use of any building, other than a single-family residence,
shall submit to the building official three (3) copies of a plot plan
designating the number, dimensions, and location of off-street parking
spaces and driveways that exist or are proposed.
(2)
The building official shall not issue a building permit if it is
determined that the plot plan does not conform to the off-street parking
and driveway standards adopted by resolution by the city council and
on file in the office of the director of transportation. Any variation
to these standards must be approved by the director of transportation.
(3)
Required off-street parking space shall be located on, or within
four hundred (400) feet of the same lot, tract, parcel, or premises
as the use being served or other property of the same or less restrictive
zoning classification that the owner of the premises being served
has a continuing right to use for parking.
(4)
Any existing building or use that is enlarged, structurally altered,
or remodeled to the extent, in the judgment of the planning director
and building official, of increasing or changing the use by more than
fifty (50) percent as it existed at the effective date of this chapter
shall be accompanied by off-street parking for the entire building
or use in accordance with the off-street parking regulations set forth
in this section. When the enlargement, structural alteration, or remodeling
is to the extent that the use is not increased or changed by more
than fifty (50) percent, additional off-street parking shall only
be required for the increased or changed floor area or use.
(5)
Existing parking spaces may not be used to satisfy additional off-street
parking requirements of this chapter unless the existing spaces proposed
for use in meeting the requirements of this chapter exceed the number
required for the building or use for which the existing spaces are
associated. All parking associated with a building or use from which
the spaces are drawn must meet all requirements of this chapter.
(6)
General requirements:
(A)
The number of off-street parking spaces for each use shall be determined by reference to the following “parking group table.” Specific parking groups are identified for each primary use or accessory residential use in section 28.03.023(b).
(B)
For shopping centers, or other tracts where different property uses
will share a joint parking area, the parking requirements shall be
computed based upon the overall development. Shopping centers containing
not more than two hundred thousand (200,000) square feet of gross
leasable floor area shall have a minimum of six (6) spaces per one
thousand (1,000) square feet of net floor area. Shopping centers containing
more than two hundred thousand (200,000) square feet of gross floor
area shall have a minimum of five and one-half (5.5) spaces per one
thousand (1,000) square feet of net floor area.
(C)
For any use not listed, or where the listed regulations are not applicable,
in the judgment of the director of transportation, the parking requirements
shall be determined by the director of transportation. Computations
of required parking spaces by the director of transportation shall
be final, subject only to an appeal to the board of adjustment.
|
PARKING GROUP TABLE
| |
|---|---|
|
Parking Group
|
Required Number of Off-Street Parking Spaces
|
|
1
|
One (1) space for each dwelling unit.
|
|
2
|
One and one-half (1-1/2) spaces for each dwelling unit.
|
|
3
|
Two (2) spaces for each dwelling unit.
|
|
4
|
Two (2) spaces for each trailer unit.
|
|
5
|
One (1) space for each trailer space.
|
|
6
|
Four (4) spaces for each five (5) employees on the largest shift
or one (1) space per 600 square feet of gross floor area, whichever
is greater. There shall at least be a minimum of two (2) spaces.
|
|
7
|
Three (3) spaces for each five (5) employees on largest shift,
or one (1) space per 600 square feet of gross floor area, whichever
is greater.
|
|
8
|
Four (4) spaces for each five (5) employees on largest shift,
or one (1) space per 1,000 square feet of gross floor area, whichever
is greater.
|
|
9
|
One (1) space for each employee plus three (3) customer spaces.
|
|
10
|
One (1) space for each employee plus five (5) reservoir spaces
for each stall or bay.
|
|
11
|
One (1) space for each employee plus one (1) space for each
barber chair.
|
|
12
|
One (1) space for each 200 square feet of gross floor area and
two (2) spaces per pump island with a minimum of six (6) spaces. For
gaming sites, one (1) space for each 75 square feet of gross floor
area if gaming exceeds 35% of the gross floor area.
|
|
13
|
One (1) space for each 200 square feet of gross floor area.
|
|
14
|
One (1) space for each 300 square feet of gross floor area.
|
|
15
|
One (1) space for each 500 square feet of gross floor area.
|
|
16
|
One (1) space for each 1,000 square feet of gross floor area.
|
|
17
|
One (1) space for each 300 square feet of gross floor area or
one space for each forty (40) square feet of auditorium, whichever
is greater.
|
|
18
|
One (1) space for each four (4) seats in largest auditorium,
or one (1) space for each 800 square feet of gross floor area, whichever
is greater.
|
|
19
|
One (1) space for each 400 square feet of gross floor area,
minimum of five (5) spaces.
|
|
20
|
One (1) space for each 1,000 square feet of non-office floor
area plus one (1) space for each 300 square feet of office area.
|
|
21
|
One (1) space for each fifty (50) square feet of gross floor
area (a minimum of fifteen (15) spaces) plus a five-space reservoir.
|
|
22
|
One (1) space for each 1,000 square feet of lot area.
|
|
23
|
One (1) space for each 2,000 square feet of lot area for customer
parking.
|
|
24
|
One (1) space for each 5,000 square feet of lot area for customer
parking.
|
|
25
|
One (1) space for each four (4) seats.
|
|
26
|
One (1) space for each four (4) seats or one (1) space for each
fifty (50) square feet of customer service area, whichever is greater.
|
|
27
|
One (1) space for each two (2) occupants.
|
|
28
|
One (1) space for each one and one-half (1-1/2) beds.
|
|
29
|
One (1) space for each three (3) beds.
|
|
30
|
One (1) space for each teacher and staff person.
|
|
31
|
One (1) space for each four (4) students.
|
|
32
|
Four (4) spaces for each alley.
|
|
33
|
Fifty (50) spaces for each nine (9) holes.
|
|
34
|
One (1) space for each driving tee.
|
|
35
|
Fifteen (15) spaces for each nine (9) holes.
|
|
36
|
Four (4) spaces for each court.
|
|
37
|
Two (2) spaces for each 100 square feet of water area.
|
|
38
|
One (1) space for each bay plus one (1) space for each pump
island, minimum of six (6) spaces.
|
|
39
|
One (1) space for each six (6) machines.
|
|
40
|
One (1) space for each employee.
|
|
41
|
To be determined by director of transportation.
|
|
42
|
One (1) space for each guest bedroom and one (1) space for the
owner, not to exceed seven (7) spaces.
|
(7)
The design and dimensions of off-street parking areas shall be in
accordance with the following table and the off-street parking and
driveway standards:
|
Angle of Parking
(Degrees)
|
Width of Stall
|
Depth of Stall 90° to Aisle
|
Width of Aisle
(One-Way)
|
Width of Stall Parallel to Aisle
|
Width of Stall Parallel to Aisle
|
Width for 2 Rows and Aisle
(One-Way)
|
|---|---|---|---|---|---|---|
|
30
|
8.0
|
14.9
|
13.0
|
22.0
|
16.0
|
42.8
|
|
30
|
8.5
|
16.4
|
13.0
|
22.0
|
17.0
|
45.8
|
|
30
|
9.0
|
16.5
|
12.0
|
22.0
|
18.0
|
45.0
|
|
30
|
9.5
|
17.2
|
12.0
|
22.0
|
19.0
|
46.4
|
|
30
|
10.0
|
17.7
|
12.0
|
22.0
|
20.0
|
47.4
|
|
45
|
8.0
|
17.0
|
13.0
|
22.0
|
22.3
|
47.0
|
|
45
|
8.5
|
18.7
|
13.0
|
22.0
|
12.0
|
50.4
|
|
45
|
9.0
|
19.0
|
12.0
|
22.0
|
12.7
|
50.0
|
|
45
|
9.5
|
19.5
|
12.0
|
22.0
|
13.4
|
51.0
|
|
45
|
10.0
|
19.8
|
12.0
|
22.0
|
14.1
|
51.6
|
|
60
|
8.0
|
17.8
|
17.0
|
24.0
|
9.2
|
52.5
|
|
60
|
8.5
|
19.8
|
17.0
|
24.0
|
9.8
|
56.6
|
|
60
|
9.0
|
20.0
|
16.0
|
24.0
|
10.4
|
56.0
|
|
60
|
9.5
|
20.3
|
16.0
|
24.0
|
11.0
|
56.6
|
|
60
|
10.0
|
20.6
|
16.0
|
24.0
|
11.5
|
57.2
|
|
90
|
8.0
|
16.0
|
25.0
|
25.0
|
8.0
|
57.0
|
|
90
|
8.5
|
18.0
|
25.0
|
25.0
|
8.5
|
61.0
|
|
90
|
9.0
|
18.0
|
24.0
|
24.0
|
9.0
|
60.0
|
|
90
|
9.5
|
18.0
|
24.0
|
24.0
|
9.5
|
60.0
|
|
90
|
10.0
|
18.0
|
24.0
|
24.0
|
10.0
|
60.0
|
Minimum stall widths shall be nine (9) feet, except
for residential and all-day office parking which may utilize stalls
eight and one-half (8-1/2) feet in width, provided that minimum aisle
widths are increased by one (1) foot. In addition, the dimensions
of up to twenty (20) percent of the total number of off-street parking
spaces may be reduced to eight (8) feet in width and sixteen (16)
feet in depth to accommodate compact automobiles.
(8)
Off-street parking spaces shall be clearly marked according to the
off-street parking and driveway standards. Parking spaces abutting
an adjoining property line or street right-of-way shall be provided
with wheel guards or bumper guards so located that no part of a normally
parked vehicle will extend beyond the property line. When wheel guards
are used, they shall be centered 2.5 feet from the property line for
90-degree parking, 2.3 feet for 60-degree parking, and 2.0 feet for
45-degree and 30-degree parking.
(9)
The director of transportation or his designee shall approve the
layout, arrangement and design of off-street parking areas and the
location of all ingress and egress points on any public street or
alley upon an affirmative finding that:
(10)
Buildings and land uses within the central business district shall
be exempt from requirements to provide off-street parking; provided
that when off-street parking is furnished, it shall conform to the
off-street parking and driveway standards.
(11)
(A)
Access to buildings for individuals with disabilities shall
be provided from rights-of-way and parking areas in accordance with
the Americans with Disabilities Act, Accessibility Guidelines for
Buildings and Facilities as the same may be amended from time to time.
Curb cuts shall typically have a gradient of not more than one (1)
foot in twelve (12) feet and a width of not less than four (4) feet.
Such access shall be cleared of all obstructions related to construction
activity prior to the opening of the building to the general public.
(B)
A parking lot servicing each entrance pathway shall have the
number of level parking spaces as set forth in the following table,
identified by signs. Such parking spaces and signs shall conform to
the rules promulgated by the state purchasing and general services
commission under subsection (c) of section 7.05 of the state Purchasing
and General Services Act (chapter 2151 Government Code) and be in
accordance with the Americans with Disabilities Act, Accessibility
Guidelines for Buildings and Facilities, as the same may be amended
from time to time, relating to the identification and the dimensions
of parking spaces for the disabled. Such parking spaces shall typically
be a minimum of twelve (12) feet in width. The traffic engineer shall
maintain a copy of the above-mentioned guidelines.
|
PARKING SPACES FOR DISABLED PERSONS
| |
|---|---|
|
Total Spaces
|
Required Number of Reserved Spaces
|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1000
|
2% of total
|
|
1001 and more
|
20 plus 1 for each 100 over 1000
|
(C)
Parking spaces for the physically disabled shall be located
so that such persons may reasonably wheel or walk to reach entrance
ramps, walkways and elevators. All parking lot plans submitted for
city review shall clearly designate the intended access routes for
individuals with disabilities.
(D)
All existing parking lots shall be in compliance with this subsection
on or before December 15, 1991. Existing parking lots with fifteen
(15) or fewer spaces are exempted from the requirements of the second
and third paragraphs of this subsection [subsections (B) and (C)].
(12)
Bonus for landscaping of off-street parking facilities. The minimum off-street parking requirements shall be reduced up to a maximum of ten (10) percent of the requirement for those parking facilities designed to accommodate twenty (20) or more vehicles where a percentage of the total parking area has been retained and developed as landscaped open space area. The percentage of the landscaped open space area in excess of the landscaped open space required in section 28.04.006(c) [28.04.006(h)] shall determine the maximum percent reduction which will be permitted in the total number of off-street parking spaces.
(b)
Off-street loading regulations.
The intent of this section
is to ensure that an adequate off-street loading area is provided
with the construction, alteration, or change of use of any business
building or structure, or with any change in land use.
(1)
The owner and the occupier of any property upon which a business
is located shall provide loading and unloading areas of sufficient
number and facility to accommodate on such business premises all vehicles
that will be reasonably expected to simultaneously deliver or receive
materials or merchandise, and of sufficient size to accommodate all
types of vehicles that will be reasonably expected to engage in such
loading or unloading activities.
(2)
Any person desiring a building permit for the construction, alteration,
or change of use of the land or any business building or structure
shall submit a plot plan to the building official designating the
number, dimensions and locations of all loading areas and all proposed
avenues of ingress and egress to the property from adjacent public
thoroughfares. The building official shall not issue such permit if
it is determined that the proposed loading and unloading facilities
will present a direct or indirect hazard to vehicular or pedestrian
traffic.
(3)
Buildings and land uses within the CBD, Central Business District,
and the PD, Port Development District, shall be exempt from the off-street
loading requirements of this chapter unless, in the CBD, Central Business
District, an owner or occupier or business property elects to provide
off-street loading facilities, in which event, such facilities shall
be approved as provided in these regulations.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-79, secs. 1, 3, adopted 10/6/81; Ordinance 82-134, sec. 7, adopted 12/14/82; Ordinance 87-33, secs. 4, 11,
adopted 4/28/87; Ordinance
91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2, adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14)
(a)
Permit requirements.
No sign, unless herein excepted,
shall be located, constructed, erected, altered, posted, attached,
or painted until a building permit has been approved by the chief
building inspector in accordance with the requirements of this chapter
and the current edition of the International Building Code, as adopted.
(b)
Signs in residential districts.
Signs shall not be permitted
in residential districts except as specifically authorized in this
section.
(1)
One detached on-premises sign shall be permitted for a multiple-family
dwelling development, nonresidential or institutional building for
each abutting street, subject to the following restrictions:
(A)
The sign shall not exceed fifty (50) square feet in area;
(B)
The sign shall not exceed fifteen (15) feet in height;
(C)
The sign shall not have flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i)
Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached on-premises sign.
(ii)
The sign face may change no more than once every forty-five
(45) seconds.
(iii)
Sign face shall not include any flashing, flowing, alternating
or blinking lights or animation.
(iv)
As measured at the property line, the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(v)
Electronic reader board signs shall not be permitted in an historic
district.
(vi)
Electronic reader board signs that are part of a detached on-premises
sign shall be allowed to have multiple colors.
(D)
The sign shall be located a minimum of fifteen (15) feet from any
property line;
(E)
The sign shall meet the wind load requirements of the building code.
(2)
One attached on-premises sign for a multiple-family dwelling development
or institutional building may be attached flat against the wall of
a building in the complex for each street abutting the development
subject to the following restrictions:
(3)
One detached on-premises sign shall be permitted for a commercial
use with a specific use permit in the RCR, Residential Conservation
and Revitalization District, subject to the following conditions and
restrictions:
(A)
The sign is included in the site plan approved in the specific use
permit.
(B)
The sign shall not exceed forty (40) square feet in area.
(C)
The sign does not exceed fifteen (15) feet in height.
(D)
The sign shall not have any flashing lights, intermittent illumination,
or revolve or rotate in any manner, except as allowed below:
(i)
Electronic reader board signs shall not be permitted if approved
as part of the specific use permit.
(ii)
The sign face may change no more than once every forty-five
(45) seconds.
(iii)
Sign face shall not include any flashing, flowing, alternating
or blinking lights or animation.
(iv)
As measured at the property line, the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(v)
Electronic reader board signs shall not be permitted in an historic
district.
(vi)
Electronic reader board signs that are part of a detached on-premises
sign shall be allowed to have multiple colors.
(E)
The sign shall be located a minimum of fifteen (15) feet from any
property line or at the building setback line, whichever is less.
(F)
The sign shall meet the wind load requirements in the building code.
(4)
One (1) detached on-premises sign shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(A) of this chapter.
(5)
Two (2) attached on-premises signs shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(B) of this chapter.
(6)
One (1) detached identification sign may be constructed at the entrance
of a single-family residential development of ten (10) acres or more.
Such signs will be subject to the following conditions and restrictions:
(A)
Building wall signs will be prohibited.
(B)
The content of the sign may not be regulated.
(C)
The sign shall not exceed twenty (20) square feet in area.
(D)
The sign shall not exceed a height of five (5) feet above the ground.
(E)
The sign shall not be illuminated except by reflective floodlight
type illumination. There shall not be any flashing or intermittent
light.
(F)
The sign shall be placed within a landscaped setting containing not
less than one hundred twenty (120) square feet.
(G)
All parts of the sign shall be located a minimum of fifteen (15)
feet from the property line.
(H)
The sign shall meet the wind load requirements of the building code.
(c)
On-premises signs in commercial and industrial districts.
Signs shall not be permitted in commercial or industrial districts
except as specifically authorized in this section.
(1)
One detached on-premises sign, and one additional detached sign for
each thoroughfare more than one that abuts the property, shall be
permitted in the NC, Neighborhood Commercial District, and the OP,
Office Park District, subject to the following conditions and restrictions:
(A)
The sign shall not exceed forty (40) square feet in area.
(B)
The sign shall not exceed fifteen (15) feet in height.
(C)
The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i)
Electronic reader board signs shall not be permitted, except
as an attachment to or a part of a detached on-premises sign.
(ii)
The sign face may change no more than once every forty-five
(45) seconds.
(iii)
Sign face shall not include any flashing, flowing, alternating
or blinking lights or animation.
(iv)
As measured at the property line, the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(v)
Electronic reader board signs that are part of a detached on-premises
sign shall be allowed to have multiple colors.
(D)
The sign shall not be located in any required yard.
(E)
The sign shall meet the wind load requirements in the building code.
(2)
One (1) attached on-premises wall sign, plus one (1) additional attached
sign for each thoroughfare more than one (1) that abuts the property
shall be permitted in the NC, Neighborhood Commercial District, and
OP, Office Park District, subject to the following restrictions:
(A)
The sign shall be attached flat against the wall of the building;
(B)
The sign shall not exceed the height of the wall of the building
to which it is attached;
(C)
The allowable sign area may be equal to one (1) square foot for each
one (1) lineal foot of store frontage with the sign area not to exceed
seventy (70) square feet.
(3)
On-premises signs shall be permitted for establishments located in
NSC, GC-MD, GC-MD-2, C-M, L-I, H-I Districts; provided that such signs
shall not be greater than fifty (50) feet in height. The maximum height
is measured from the point established by a perpendicular line connecting
the crown of the roadway immediately abutting the property on which
the sign is to be installed with the sign’s nearest vertical
support to the property line, and provided further that the structural
supports for such signs shall be set back not less than ten (10) feet
from any property line or street right-of-way. No part of any sign
shall overlay the street right-of-way. Where a structure existing
at the effective date of this chapter precludes locating a sign in
compliance with the setback regulations, the board of adjustment shall
be authorized to grant a variance to the setback requirement. There
shall be no restrictions or limitations on on-premises signs in the
CBD, Central Business District, or the PD, Port Development District.
On-premises signs shall be permitted in PUD, Planned Unit Development
District, with the location, height and number thereof being determined
in accordance with the sign regulations for the zoning district which
permits the designated use of the property.
(4)
Electronic reader board signs shall be permitted in the GC-MD, GC-MD-2,
CBD, CM, LI, HI and PD Districts subject to the following conditions:
(A)
The electronic reader board is to be attached to or a part of a detached
on-premises sign.
(B)
The sign face may change no more than once every forty-five (45)
seconds.
(C)
Sign face shall not include any flashing, flowing, alternating or
blinking lights or animation.
(D)
As measured at the property line, the maximum light emanation from
a sign shall be no greater than 0.2 footcandles.
(E)
No more than sixty (60) square feet or fifty (50) percent of the
maximum sign area, whichever is less, shall be dedicated to electrical
changeable copy.
(F)
Electronic reader board signs that are part of a detached on-premises
sign shall be allowed to have multiple colors.
(5)
Signs in PUD Districts.
(A)
Sign chart.
|
Use Type (B)
|
Maximum Height (C)
(in feet)
|
Maximum Area (C)
(in square feet)
|
Front Setback
(in feet)
|
|---|---|---|---|
|
Multiple-family
|
15
|
20
|
25
|
|
Prof./med. Services
|
15
|
40
|
20
|
|
Wholesale/retail trade
|
40
|
50
|
10
|
|
Industrial
|
50
|
50
|
10
|
(B)
The city council may approve a sign which exceeds the maximum area
and height where the planning commission has determined that the sign
is compatible with abutting development.
(6)
Prohibition.
Portable signs which are illuminated by
any flashing, intermittent or moving lights shall be prohibited in
all districts.
(d)
Billboards.
Billboards shall not be permitted except
as noted:
(1)
Permits.
The city shall not issue permits for the construction
of new billboards except under the following conditions:
(A)
All outdoor billboard companies shall provide to the city a complete
list of all signs it owns or maintains within the limits and the extraterritorial
jurisdiction (ETJ) of the city. This list shall include the location,
size (area and height) and type of construction.
(B)
To reconstruct or replace an existing conforming billboard at the
same location. Any sign that is reconstructed or replaced at the same
location shall be the same size or smaller than the original sign.
(C)
To replace and relocate an existing billboard at one location with
an billboard at another location.
(i)
Size of the replacement sign shall be one (1) square foot for
one (1) square foot. Square footage may be cumulative as to each outdoor
billboard company.
(ii)
Regardless of the size of the billboard to be replaced, the replaced billboard shall not exceed the height or area listed under subsection (d)(1) of this section. Area calculations shall exclude cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed twenty (20) percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed ten (10) additional feet in height when, in its judgment, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Sign spacing, height and area shall be as follows:
|
Sign Spacing
|
Maximum Sign Height
|
Maximum Sign Area
|
|---|---|---|
|
300 feet
|
20 feet
|
75 square feet
|
|
500 feet
|
25 feet
|
76—300 square feet
|
|
750 feet
|
30 feet*
|
301—672 square feet
|
|
*
|
Billboards fronting on an interstate highway or a federal-aid
primary highway may not exceed forty (40) feet in height.
|
(iii)
Spacing.
Sign spacing shall be as follows:
a.
The spacing of all billboards within 660 feet of an interstate
highway (IH-10), a federal-aid primary highway (Hwys. 69, 96, 287),
or a non-freeway federal-aid primary highway (Hwy. 90) shall be in
accordance with the Texas Civil Statutes, article 4477-9a, as amended.
As of March 3, 1986, the state regulations required the following
spacings: On interstate freeways (IH-10) and on federal-aid primary
highways (Hwys. 69, 96 and 287) the required spacing is one thousand
five hundred (1,500) feet between billboards on the same side of the
freeway. On non-freeway federal-aid primary highways (Hwy. 90) the
required spacing is 300 feet between billboards on the same side of
the freeway.
b.
The following requirements shall be in effect for signs farther
than 660 feet from a federal-aid primary highway or interstate highway.
No billboard shall be located nearer than the spacing listed under
this section to any other billboard, property zoned single-family
residential, or property used as a public school, church, courthouse,
city hall or public museum which fronts on the same street the sign
fronts on. Spacing shall be based on the maximum height or area of
the sign being erected, whichever is greater.
(iv)
Billboards shall be set back not less than twenty-five (25)
feet from the right-of-way of the street, measured on a line perpendicular
to the property line of the property on which the sign is to be installed,
and not less than ten (10) feet from interior side yard property lines.
(v)
Shall be allowed a period not to exceed one (1) year from the
time the original billboard is removed to the time that the replacement
billboard must be installed.
(vi)
Replacement billboards shall only be permitted in those areas
of the city that are zoned GC-MD, CM, LI and HI.
(vii)
No new billboards shall be constructed in the city’s extraterritorial
jurisdiction (ETJ) with the exception of state and federally controlled
highways.
(viii)
The total number of billboards within the city
limits and ETJ of the city shall not exceed the total number existing
at the time of the adoption of the ordinance from which this subsection
is derived.
(ix)
Billboards shall not be permitted on the following streets:
(D)
Prohibition.
An outdoor billboard shall not be
placed within three hundred (300) feet of the property line of any
property which is zoned residential or used as a public park, public
school, church, courthouse, city hall or public museum.
(2)
Traffic-control conflicts.
No billboards shall resemble
an official marker erected by a governmental agency, nor shall a billboard
obstruct from clear view any traffic signal or sign.
(3)
Illumination.
Except for digital billboards as provided
herein, billboards may be illuminated only by indirect lighting subject
to the following conditions:
(A)
Signs which contain, include or are illuminated by flashing, intermittent
or moving lights are prohibited, except for digital billboards, as
defined in this chapter. Signs giving public service information such
as, but not limited to, time, date, temperature, weather or similar
information shall be permitted.
(B)
Lighting shall be shielded to prevent beams or rays from being directed
at any portion of a traveled roadway or an occupied residential area
and shall not be of such intensity or brilliance as to cause or impair
vision.
(C)
Digital billboards that are illuminated shall be subject to the following
restrictions:
(i)
The image or sign face shall be static or fixed and lasting
no less than ten (10) seconds. Each screen message is to contain a
single advertisement;
(ii)
The image or sign face shall change to another image or message
in a period of two seconds or less;
(iii)
The image or sign face shall not be animated, flashing, scrolling
or contain video imagery;
(iv)
The image or sign face shall adjust its brightness as ambient
light levels change so as not to be visually distracting; and
(v)
The digital billboard shall contain a default design that will
freeze the sign’s image or sign face if a malfunction occurs.
(4)
Motion.
Billboards shall not revolve or rotate or otherwise
move in any manner.
(5)
Roof-mounted sign.
Roof-mounted billboards are prohibited.
(6)
Structure.
Billboards shall be constructed in accordance
with the building code and electrical code. Signs shall be engineered
to withstand a wind load of thirty (30) pounds per square foot.
(7)
Maintenance.
(A)
Billboards shall be maintained in good appearance and safe structural
condition. The general area in the vicinity of any billboards shall
be kept free and clear of sign materials, weed, debris, trash and
litter. Maintenance or replacement of sign copy or structural repairs
shall be conducted in a manner to protect adjacent properties from
debris and litter. Signs shall be reposted regularly, and torn or
ragged posters shall be repaired or covered promptly.
(B)
When a nonconforming billboard falls into disrepair or is damaged
by fire, explosion, act of God or other calamity to the extent that
the cost of reconstruction or repair exceeds fifty (50) percent of
the replacement cost of the sign such nonconforming sign shall no
longer be permitted. A nonconforming sign may be changed or altered
or upgraded only to the extent that when the change, alteration or
upgrade is complete, it is made to conform, in all aspects, to the
sign regulations of the city.
(e)
Exemptions.
The following signs are exempted from the
permit requirements of this chapter:
(1)
Changing of permitted sign face of an existing bulletin board, general
billboard poster or paint panel(s), display encasement, marquee, flat
sign, projecting sign, detached sign, or roof sign, provided no increase
occurs with respect to either the area of any such sign or the manner
in which it is structurally supported.
(2)
Signs on mounted on or applied to trucks, buses, or passenger vehicles
which are used in the normal conduct of business.
(3)
In order to allow a street address signs, an attached or detached
sign not more than three (3) square feet in size and less than five
(5) feet in height shall be permitted. The content of the sign may
not be regulated.
(4)
Window signs hung on the inside of the window or painted on the window
glass.
(5)
Warning, security, and traffic directional signs, less than eight
(8) square feet in area and four (4) feet in height.
(6)
Signs in the PD, Port Development District, and the CBD, Central
Business District.
(7)
Supplementary signs.
The following additional temporary
signs are exempt from permitting. The content of the sign shall not
be regulated provided they are not located within the rights-of-way.
(A)
Properties with Single-Family or Two-Family Residential Uses: Unlimited
number of temporary signs that are not more than sixteen (16) square
feet in area and six (6) feet in height.
(B)
Properties with Institutional, Multi-Family, Commercial and Industrial
Uses: Unlimited number of temporary signs: Unlimited number of temporary
signs that are not more than forty (40) square feet in area and eight
(8) feet in height.
(8)
Properties for sale or lease.
The following temporary
signs are exempt from permitting during the time in which a property
is for sale or lease, provided they are removed within seven (7) days
following the sale or lease of the property. Signs may not be located
within the rights-of-way and content shall not be regulated.
(A)
Additional Temporary Signs on Properties with Single-Family or Two-Family
Residential Uses: one additional nonilluminated temporary sign per
street frontage, not more than eight (8) square feet in area and six
(6) feet in height,
(B)
Additional Temporary Signs on Properties with Institutional, Multi-Family,
Commercial and Industrial Uses: Unlimited number of temporary signs,
not more than fifty (50) square feet in area, not more than fifteen
(15) in height.
(9)
Properties Under Construction.
Properties that are actively
under construction and for thirty (30) days after the issuance of
a Certificate of Occupancy shall have no restrictions as to number
and size of temporary signs, provided signs are not located within
the rights-of-way. The content shall not be regulated.
(10)
Garage Sales.
One additional nonilluminated temporary sign, not exceeding six (6) square feet in area and five (5) feet in height and not located within the right-of-way is permissible in all districts for ten (10) consecutive days in a calendar year prior to a garage sale, as allowed under section 28.04.008 (b)(21).
(11)
In the fifteen (15) days prior to and fifteen (15) days following
the “Grand Opening” of a new business or institution,
an additional temporary sign not exceeding twenty (20) square feet
in area and five (5) feet in height is allowed.
(12)
Temporary Yard Lettering.
One additional temporary sign
not greater than sixty (60) square feet in area and five (5) feet
in height.
(13)
Banner signs.
Other than those Banner sign restrictions
specified in the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District,
Attached Banner signs are exempt from permitting when located on properties
with institutional, commercial or industrial uses, attached to a building
for not more than thirty (30) days. Detached banner signs on properties
with institutional, commercial or industrial uses, not exceeding twenty-one
(21) square feet in area and five (5) feet in height, shall be allowed
for no more than thirty (30) consecutive days. No banner sign shall
be placed on city right-of-way. Detached Banner signs shall be supported
by non-permanent supports that are not permanently set in the ground.
These supports shall be removed with the sign at the expiration of
each allowed time period.
(f)
Prohibited signs.
No sign shall be attached or applied to trees, utility poles or trash receptacles or located within any public right-of-way. Signs with flashing lights or intermittent illumination shall be prohibited, except those signs that cannot be seen from the public right-ofway or as allowed under section 28.03.020(f)(3), section 28.03.020(f)(4), section 28.03.021(f)(4), section 28.03.021(f)(5), section 28.04.003(b)(1), section 28.04.003(b)(3), section 28.04.003(c)(1) and section 28.04.003(c)(5). Signs shall not revolve, rotate or move. No private sign shall resemble an official sign or marker erected by a governmental agency. Signs affixed to vehicles, trailers or storage containers not used in the normal conduct of business. No sign shall be placed on any property in such a manner as to obstruct the view from the left or right of a vehicle from other traffic on the public right-of-way when lawfully entering the roadway. The city transportation manager shall have the right to order the removal of such signs by the property owner or by city crews, subject to a 10-day right of appeal by the owner to the board of adjustment, prior to removal.
(g)
Continuation and discontinuation of nonconforming signs.
All nonconforming permanent signs, legally existing on the effective
date of this chapter, may continue to exist; provided that signs which
are fifty (50) percent or more structurally deteriorated shall be
either removed or altered so as to comply with this chapter. Signs
which are nonconforming because they have flashing lights or intermittent
illumination shall be given thirty (30) days from the date of the
adoption of this chapter to be brought into compliance with this chapter.
(h)
Bonding requirements.
Signs shall not be located, constructed,
erected, altered, attached, posted or painted, except by a bonded
contractor whose primary business is sign work. All electrical sign
work shall be performed by a licensed master sign electrician or a
master electrician.
(i)
Maintenance.
All signs shall be maintained in good appearance
and safe structural condition.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-25, sec. 1, adopted 3/16/82; Ordinance 84-10, sec. 1, adopted 1/17/84; Ordinance 85-22, sec. 1, adopted 2/26/85; Ordinance 86-30, secs. 1, 2, adopted 3/25/86; Ordinance 87-33, sec. 7, adopted 4/28/87; Ordinance 91-22, sec. 1, adopted 3/5/91; Ordinance 92-62, sec. 4, adopted 8/11/92; Ordinance 98-7, sec. 7, adopted 2/3/98; Ordinance 99-53, sec. 1, adopted 7/27/99; Ordinance 00-58, sec. 2, adopted 7/11/00; Ordinance 04-056, sec. 1, adopted 7/27/04; Ordinance 05-034, sec. 2, adopted 3/29/05; 1978 Code, sec. 30-28; Ordinance 07-078, sec. 2, adopted 7/24/07; Ordinance 08-021, secs. 8, 9, adopted 3/18/08; Ordinance 08-106, sec. 7, adopted 11/25/08; Ordinance 10-051, sec. 1, adopted 6/29/10; Ordinance 11-050, secs. 1—4, adopted 8/9/11; Ordinance 12-020, sec. 1, adopted 4/24/12; Ordinance 13-033, sec. 1, adopted 6/4/13; Ordinance 21-026 adopted 5/4/21)
(a)
General plan.
Prior to the issuance of a specific
use permit or any building permit for property located in a (PUD),
planned unit development district, a general land use and density
plan must be submitted to the planning commission. The plan shall
include a schematic land use plan identifying proposed general uses,
densities, major open spaces, circulation and access features, and
a statement indicating proposed phasing of development and the projected
timing of each phase. The planning commission shall forward the plan
with its recommendation to the city council. The applicant shall pay
a processing fee of one hundred dollars ($100.00).
Advertisement and public hearings shall be held by the planning
commission and city council in accordance with the notification procedure
set forth for a rezoning application.
(b)
Size.
A planned unit development district, may
be authorized only on sites containing five (5) or more acres of land.
However, sites less than five (5) acres will be considered on merit
with a specific use permit.
(c)
Cluster housing.
If the proposed development contains cluster housing, the minimum standards and requirements set forth for cluster unit housing developments set forth in section 28.04.008(b)(1) of this chapter shall apply.
(d)
Height and peripheral yard requirements.
(1)
Height.
Structure and buildings located in a planned
unit development district shall not exceed thirty-five (35) feet,
without specific authorization and approval from the city council.
(2)
Yards.
All buildings and structures shall be set
back not less than ten (10) feet from any peripheral property line
or street right-of-way.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 98-7, sec. 8, adopted 2/3/98; 1978
Code, sec. 30-29; Ordinance
24-014 adopted 3/19/2024)
(a)
Continuing existing nonconforming buildings, structures, and uses
of land.
Except as hereinafter specified, any use, building
or structure lawfully existing on the effective date of this chapter
may be continued.
(b)
Limitations on nonconforming uses.
Lawful nonconforming
uses shall be subject to the following limitations:
(1)
The use of land which is a lawful nonconforming use may be continued
until such time as a structure is erected thereon, and thereafter
the use of land and buildings shall conform with all the provisions
of this chapter.
(2)
Any building, structure or land which is occupied or used as a lawful
nonconforming use which shall become vacant or unused for a continuous
period of one year shall not thereafter be occupied or used except
for a use which conforms to the use regulations of the district in
which it is located. Provided, however, that nonconforming field crops
may be reestablished when the land has been unused for a period of
time not exceeding three (3) years. For the purposes of this paragraph
“vacant” or “unused” shall mean the nonconforming
use has been intentionally abandoned. The temporary suspension of
a use shall not constitute abandonment, provided the property is not
used during the period of suspension for any other purpose.
(3)
A nonconforming use may be changed only to a use permitted in a more
restricted zoning district or to a conforming use.
(4)
Whenever a lawful nonconforming use has been changed to a conforming
use, such use shall not thereafter be changed back to a nonconforming
use.
(5)
Expansion, enlargement or intensification of a lawful nonconforming
use shall not be permitted unless such expansion, enlargement or intensification,
when considered independently of the lawful nonconforming use, is
made to conform to the regulations of the district in which it is
located.
(6)
A building or structure occupied or used by a lawful nonconforming
use shall not be enlarged, extended or structurally altered unless
the use occupying or using such enlargement, extension or alteration,
when considered independently of the lawful nonconforming use, is
made to conform to the regulations of the district in which it is
located.
(7)
Repairs and maintenance work on a building or structure that is occupied
or used by a lawful nonconforming use may be made, provided that no
structural alterations shall be made except as required by law.
(8)
When a building or structure occupied or used by a nonconforming
commercial use that became nonconforming since April 1, 1981, or when
a nonconforming industrial use is damaged by fire, explosion, act
of God, or other calamity to the extent that the cost of reconstruction
or repair exceeds sixty (60) percent of the replacement cost of the
structure, such nonconforming use shall no longer be permitted.
(c)
Limitations on nonconforming buildings.
The following
limitations, restrictions and requirements shall apply to lawful nonconforming
buildings and structures:
(1)
A lawful nonconforming building or structure occupied or used by
a nonconforming use shall not be added to or enlarged in any manner
unless said building or structure, including additions and enlargements,
is made to conform to all of the regulations of the district in which
it is located.
(2)
A lawful nonconforming building or structure occupied or used by
a permitted use, may be enlarged or added to, provided that the enlargement
or addition, when considered independently of the original building
or structure, complies with the yard and height regulations and the
off-street parking requirements for the use of said building or structure.
(3)
No nonconforming building or structure shall be moved in whole or
in part to another location on the lot on which it is located unless
every portion of said building or structure is made to conform to
all of the regulations of the district in which it is located.
(4)
A lawful nonconforming building or structure that is damaged by fire,
explosion, act of God or other calamity may be repaired and reconstructed,
provided there is no increase whatsoever in the degree or extent of
the previously existing nonconformity.
(5)
A conforming building shall not be changed to a use which would result
in the building becoming nonconforming.
(d)
Exemptions.
(1)
The limitations on nonconforming uses in this section shall not apply
to any residential use existing at the time of the adoption of this
chapter.
(2)
The limitations and restrictions of this section shall not apply
to conforming uses lawfully existing at the time of the adoption of
this chapter when the use has been changed in the district from a
permitted use to a use permitted with a specific use permit, or when
the use which was permitted by right prior to any district change
has, after a change in districts, been changed to a use which requires
a specific use permit.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-19, sec. 1, adopted 3/9/82; Ordinance 82-134, secs. 4, 5, adopted 12/14/82; Ordinance 85-21, sec. 1, adopted 2/26/85; Ordinance 93-28, sec. 1, adopted 8/24/93; Ordinance 98-7, sec. 9, adopted 2/3/98; 1978 Code, sec. 30-30; Ordinance 21-026 adopted 5/4/21)
(a)
Purpose.
The provisions of this section for the installation
and maintenance of landscaping and screening are intended to protect
the character and stability of residential, commercial, institutional
and industrial areas, to conserve the value of land and buildings
of surrounding properties and neighborhoods, to enhance the aesthetic
and visual image of the community, to encourage the preservation of
large trees which once removed can be replaced only after generations,
and to assist with clean air. In no case shall these provisions restrict
ADA requirements.
(b)
Landscape plan required.
All building permit applications
for new building construction shall be accompanied by two (2) blueline
or blackline prints of the landscape plan to be approved by development
services before issuance of the building permit. The landscape plan
shall contain sufficient detail to show the following:
(1)
The date, scale, north arrow and names and address and phone numbers
of each property owner and person preparing the plans.
(2)
The footprint of all existing and proposed structures.
(3)
Remaining and/or proposed site elements such as power poles, fences,
walls, drainage swales, easements, sidewalks, parking lot layout,
pedestrian walkways, and other such elements.
(4)
A schedule identifying name, size, number, and location of all landscape
elements.
(5)
Name, location and size of existing trees, and type and location
of other vegetation proposed to remain for credit purposes.
(6)
The size and location of the parking lot and the number of spaces,
and how the owner proposes to address the interior landscaping requirement.
(7)
Such other information as may be reasonably necessary to administer
and enforce the provisions of this ordinance.
(8)
Drawn at a scale of one (1) inch equals fifty (50) feet or greater.
(c)
Irrigation required.
(1)
All buildings greater than three thousand (3,000) square feet shall
require an automatic irrigation system sufficient to provide complete
coverage of required screening landscaped areas.
(2)
An irrigation system shall be installed and operational prior to
issuance of a certificate of occupancy or final building inspection.
(3)
State law requires installation by licensed irrigators.
(4)
Irrigation systems shall be maintained in good and operating condition.
(5)
For buildings three thousand (3,000) square feet or less, hose bibs
may be used for irrigation purposes.
(d)
Certificate of occupancy.
No certificate of occupancy
for new construction shall be issued or final approval of parking
lot expansion made unless complying with terms and conditions required
herein.
(e)
Berm.
Caliper.
Class A tree.
Class B tree.
Critical root zone.
Drip line.
Easement.
Island.
Landscaped.
Median.
Open space buffer planting strip.
Peninsula.
Planting strip.
Public right-of-way.
Shrub.
Vehicular use area.
Definitions.
Landscaped earthen hill of three (3) feet height or greater.
 |
|
Berm
|
The measure of the diameter of a tree at eighteen (18) inches
above grade.
A tree with a mature height of thirty (30) feet or more.
See recommended list.
A tree with a mature height of less than thirty (30) feet.
See recommended list.
A circular region measured outward from the tree trunk to
the drip line representing the area of roots that must be maintained
or protected for the tree’s survival.
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
 |
The legal grant of right-of-use to an area of designated
private property, utilized by public corporations (states, municipalities)
and also made to companies providing public services such as gas,
electricity, and telephone.
A curbed landscaped area in a parking lot that is surrounded
on all sides by parking spaces.
 |
Shall consist of any combination of turf/grass/ground cover,
shrubs, and trees. It must be installed in a sound manner and in accordance
with accepted standards of the nursery industry.
A curbed landscaped area in a parking lot that separates
parking aisles.
 |
The area between single-family residential and any other
zoned property. This strip is to include required trees.
A curbed landscaped area that protrudes into parking aisles
and adjoins other non-parking open space.
 |
The area between the curb and sidewalk, two (2) curbs, a
curb and fence, or a sidewalk and fence.
The entire strip of land lying between the property line
and a street or thoroughfare, alley, crosswalk, or easement.
A woody plant of low or medium height, usually multi-stemmed.
See recommended list for three-foot-high hedge.
The total area of all the parking spaces and drives serving
the parking area.
(f)
Perimeter landscaping and screening.
(1)
When a commercial or industrial use is established on a lot or premises
located adjacent to any residential zoning district, or when any multiple-family
dwelling use is established on a lot or premises adjacent to any property
located in a single-family residential zoning district, a ten-foot
width of landscaping open space buffer strip shall be installed and
maintained by the owner, developer or operator of the commercial or
industrial property between it and the adjacent residentially zoned
property.
(2)
In an open space buffer planting strip required under the terms of
this section, a minimum of one (1) class A tree or two (2) class B
trees shall be planted and maintained for each twenty-five (25) lineal
feet or portion thereof of said open spacebuffer strip. The required
trees may be planted anywhere within the buffer strip with a minimum
of ten (10) feet apart for class A trees and a minimum of five (5)
feet apart for class B trees. Refer to definitions on tree size.
 |
|
Open Space Buffer Planting Strip
|
(3)
In addition, an eight-foot high opaque fence or wall shall be erected
and maintained along the property line to provide visual screening.
The fence or wall shall be masonry or a wood diagonal, horizontal
or vertical stockade type privacy fence, although the framing may
be metal.
(4)
In lieu of the fence, a thirty-foot-wide landscape planted buffer
for the purpose of screening, may be provided along the property line.
(5)
For a thirty-foot-wide landscape planted buffer, one (1) class A
tree or two (2) class B trees shall be planted and maintained for
each ten (10) lineal feet of buffer. The required trees may be planted
anywhere within the buffer strip with a minimum of twenty (20) feet
apart for class A trees and a minimum of ten (10) feet apart for class
B trees. Refer to definitions on tree size.
 |
|
Thirty-Foot-Wide Landscape Planted Buffer
|
(6)
The provisions of this perimeter landscaping and screening shall
not apply where districts are separated by a public street.
(7)
When a specific use permit is required, the landscape buffering and
fencing required by this section may be modified or eliminated as
a condition of a specific use permit.
(g)
Dumpster and immobile trash containers.
Any fixed or
otherwise immobile trash container must be set back from the property
line no less then twenty-five (25) feet or be completely screened
from view from any street via landscaping and solid, opaque fencing
on a minimum of three (3) sides. No such container shall be allowed
on city right-of-way.
(h)
Landscaping of off-street parking.
(1)
Island, median and/or peninsula requirements.
(A)
Any parking lot or portion thereof which is to contain twenty (20)
or more parking spaces shall provide permanently landscaped areas
consisting of islands, peninsulas, or medians within the parking area.
The required landscaped island, peninsula, or median shall be provided
as follows:
(i)
Sites having less than one hundred (100) parking spaces: One
(1) landscaped island, peninsula, or median per twenty (20) parking
spaces is required.
(ii)
Sites having more than one hundred (100) parking spaces: One
(1) landscaped island, peninsula, or median per ten (10) parking spaces
is required.
(iii)
The landscaped island or peninsula located within the parking
spaces shall be no less than nine (9) feet wide or if a landscaped
median shall be no less than six (6) feet wide.
 |
|
Landscaped Island or Peninsula
|
(iv)
Each island or peninsula required herein shall at minimum contain
one (1) class A tree or two (2) class B trees.
(v)
Each median required herein shall at minimum contain one (1)
class A tree or two (2) class B trees for each twenty-five (25) linear
feet of median.
(vi)
All such landscaped areas shall be protected from vehicular
access to these areas by curbing or other protective devices. No automobile
or other type of vehicle shall be driven on any required landscaped
space.
(2)
Perimeter requirements.
(A)
A landscaping edge or buffer shall be required along each side of
a parking lot that faces towards a public right-of-way.
(B)
The landscaping edge shall be no less than six (6) feet wide and
may use up to three (3) feet of the public right-of-way, if unused
and available at the time of permitting.
 |
|
Landscaping Edge
|
(C)
The landscaping edge shall be for the parking lot’s entire
length.
(D)
The landscaping edge shall contain no less than one (1) class A tree
or two (2) class B trees for each twenty-five (25) lineal feet or
fraction thereof of the edge.
(E)
The required trees may be located anywhere within the six (6) foot
landscape edge with a minimum of ten (10) feet apart for class A trees
and a minimum of five (5) feet apart for class B trees. Refer to definitions
on tree size.
 |
|
Location of Trees
|
(F)
If overhead lines are present along the perimeter landscape edge,
no trees will be permitted in that perimeter landscape edge. In addition,
no trees shall be permitted within a thirty-foot distance from the
outermost power line.
(G)
A screen no less than three (3) feet height comprised of a wall,
solid fence, berm, or plant material or combination of shall be provided
along the entire length of the landscaping edge or buffer, if any
part of the landscaping edge is within ten (10) feet of the right-of-way.
The screen does not have to be straight with the street or parking
edge.
 |
|
Screen
|
(H)
The three-foot-high screen shall not be on the right-of-way.
(I)
The three-foot-high screen shall not be required across driveways.
(J)
The three-foot-high screen shall not be within three (3) feet of
a driveway or restrict a driver’s line of sight of approaching
vehicles as determined by the city.
(K)
The required three-foot-high screen, when planted, shall be a minimum
of two (2) feet in height. See list of suggested shrubs.
(L)
A minimum width of three (3) feet is required for the bed containing
the planted screen.
(M)
The required three-foot-high screen, if planted shall be maintained
at no less than three (3) feet high.
(3)
An increase in the size of an existing parking lot by twenty-five
(25) percent in the number of parking spaces or more shall require
the entire parking lot, in addition to the twenty-five (25) percent
expansion, to be brought into compliance with this section.
(i)
Landscaping bonus provisions.
(1)
In order to receive credit for preserved trees, the owner must include
as part of the landscape plan submittal, a tree preservation plan
which must be approved by development services.
(A)
The tree preservation plan shall include the name, location, size
and condition of each tree to be preserved, along with an indication
of proposed development features which may impact such trees, and
any other pertinent information as required to evaluate existing and
proposed conditions.
(B)
The tree preservation plan shall include a detailed description of
all methods to be used to ensure the survival of all trees scheduled
for preservation credit, including information that may be required
to interpret the intent and methodology proposed.
(C)
Any tree to be preserved for credit shall be protected from excavation
and all construction by fencing off the area which constitutes the
critical root zone as defined herein.
(D)
All building material, dirt, debris and equipment shall be kept outside
the fenced area.
(E)
All tree preservation methodology shall conform to the standards
of the state department of agriculture and forestry, the state forest
service and the International Society of Arboriculture.
(F)
If a preserved tree dies within five (5) years, it is the responsibility
of the owner to replace that tree with the number of class A trees
credited on a matching basis within six (6) months.
(2)
Credit may be received for preservation of existing trees as follows:
(A)
For each existing tree between two (2) to four (4) inches in caliper,
a tree credit of one (1) for one (1) is allowed.
(B)
For each existing tree between five (5) and twelve (12) inches in
caliper, a tree credit of two (2) for one (1) is allowed.
(C)
For each existing tree over twelve (12) inches in caliper, a tree
credit of three (3) for one (1) is allowed.
(3)
The required minimum front building setback for development in GC-MD
and GCMD-2 Districts and for multifamily housing in RM-M and RM-H
Districts shall be reduced to fifteen (15) feet when a landscaped
planting strip is provided across the first ten (10) feet of the property
adjacent to the street right-of-way.
(A)
A turf area is to be located between the paved or curbed portion
or sidewalk of the adjacent street right-of-way and the front property
line.
(B)
The landscape planting strip shall not be used for parking, but can
be crossed with driveways providing direct ingress and egress to the
development that have been approved by the development services manager
or his designee.
(C)
This landscape planting strip shall by planted with one (1) class
A or two (2) class B trees for each twenty-five (25) lineal feet or
fraction thereof along the property line. The required trees may be
planted anywhere within the landscape planting strip with a minimum
of ten (10) feet apart for class A trees and a minimum of five (5)
feet apart for class B trees.
(D)
Three (3) feet of public right-of-way may be used with written permission
from development services.
(j)
Installation and maintenance.
(1)
All landscaping shall be installed in accordance with accepted standards
of the Texas Nurseryman’s Manual.
(2)
All plant material shall be true to name, variety, and size and shall
conform to all applicable provisions of the American Standards for
Nursery Stock, latest edition.
(3)
The owner and/or tenant shall be responsible for installing and maintaining
all landscaping according to standard horticultural practices.
(4)
All landscaping shall be maintained in a healthy, neat, and orderly
condition.
(5)
No trees may be located within ten (10) feet of a fire hydrant.
(6)
No trees may be topped if the limbs are three (3) inches in diameter
or greater.
(7)
Required three-foot hedges shall be maintained at a minimum of three
(3) feet in height.
(8)
Dead, dying or damaged landscaping material shall be immediately
replaced in conformance herein.
(9)
Irrigation systems must be in good and operating condition.
(10)
Failure to install required material or maintain landscaping within sixty (60) days of notification shall be subject to legal action pursuant to section 1.01.009 of the Code of Ordinances of the city.
(11)
Any request for a modification to the terms of this ordinance must
be submitted in writing and be responded to in writing by the development
services manager.
(k)
Letter of credit.
(1)
A letter of credit may be utilized when the landscaping improvements required by this section 28.04.006 have not been completed prior to the issuance of a certificate of occupancy.
(2)
The applicant shall post cash or an irrevocable letter of credit
payable to the city in an amount equal to one hundred thirty (130)
percent of the estimated cost. This amount shall include the city’s
cost of administering the completion of the improvement in the event
the subdivider defaults as provided herein. The security shall be
deposited with the city or in escrow with a bank at the option of
the city. Such letter of credit shall comply with all statutory requirements
and shall be satisfactory to the city attorney as to form, sufficiency,
and manner of execution as set forth in these regulations. The period
within which required improvements must be completed shall be specified
by the city manager or his designee and shall be incorporated in the
letter of credit. In those cases where a letter of credit has been
posted and the required improvements have not been installed within
the terms of the letter of credit, the government body may thereupon
declare the letter of credit in default and require that all of the
improvements be installed.
(l)
Screening of backflow prevention devices.
Any backflow prevention device required by the plumbing code, article 24.02, division 4, be it a commercial or residential use, shall be completely screened from the street via landscaping or a solid, opaque fence.
|
TREES FOR BEAUMONT
| |
|
Class A tree:
|
Mature height greater than thirty (30) feet.
|
|
|
Branches begin at six (6) feet.
|
|
|
Must be two (2) inches or greater in caliper when planted.
|
|
Common Name
|
Latin Name
|
|---|---|
|
American Beech
|
Fagus grandifloia
|
|
Arizona Ash
|
Fraxinus velutina
|
|
Bald Cypress
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Taxodium distichum
|
|
Canary Island Date Palm
|
Phoenix canariensis
|
|
Cedar Elm
|
Ulmus crassifloia
|
|
Cherrybark Oak
|
Quercus falcata var. pagodifolia
|
|
Chinese Elms
|
Ulmus parvifolia
|
|
Green Ash
|
Fraxinus pennsylvanica
|
|
Hackberry
|
Celtis laevigata
|
|
Live Oak
|
Quercus virginiana
|
|
Sawtooth Oak
|
Quercus
|
|
Loblolly Pine
|
Pinus taeda
|
|
Magnolia
|
Magnolia grandiflora
|
|
Nuttall Oak
|
Quercus nuttallii
|
|
Pecan
|
Carya illinoinensis
|
|
Red Cedar
|
Juniperus virginiana
|
|
Red Maple
|
Acer rubrum ‘Drummondii’
|
|
Sabal Palms, Florida Fan Palm
|
Sabal palmetto
|
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Shumard Oak
|
Quercus shumardii
|
|
Slash Pine
|
Pinus elliottii
|
|
Southern Red Oak
|
Quercus falcata
|
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Spruce Pine
|
Pinus glabra
|
|
Swamp Chestnut Oak, Cow, Basket
|
Quercus michauxii
|
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Sycamore
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Platanus occidentails
|
|
Washingtonia Palm
|
Washingtonia robusta
|
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Water Oak
|
Quercus nigra
|
|
White Oak
|
Quercus alba
|
|
Willow Oak
|
Quercus phellos
|
|
Windmill Palm
|
Tracycarpus fortunel
|
|
Winged Elm
|
Ulmus alata
|
|
Class B tree:
|
Less than thirty-foot mature height.
|
|
|
Eight (8) to ten (10) feet height when planted.
|
|
Common Name
|
Latin Name
|
|---|---|
|
American Holly
|
Ilex opaca
|
|
Cherry Laurel
|
Prunus caroliniana
|
|
Chinese Fan Palm
|
Livistona chinensis
|
|
Chinese Fringe Tree
|
Chioanthus virginicus
|
|
Chinese Pistachio
|
Pistacia chinesis
|
|
Crape Myrtle
|
Lagerstroemia indica and hybrid
|
|
Flowering Pear
|
Pyrus Calleryana ‘Bradford’, ‘Aristocrat’
|
|
Savannah Holly
|
Ilex attenuata ‘Savannah’
|
|
Golden Rain Tree
|
Koelreuteria bipinnata
|
|
Japanese Evergreen Oak
|
Quercus glauca
|
|
Loquat
|
Eriobotrya japonica
|
|
Mexican Plum
|
Prunus Mexicana
|
|
Parsley Hawthorn
|
Crataegus marshallii
|
|
Pindo Palm
|
Butia capitate
|
|
Purple Leaf Plum
|
Prunus cerasifera
|
|
River Birch
|
Betula nigra
|
|
Sweet Bay Magnolia
|
Magnolia virginiana
|
|
Texas Redbud
|
Cercis canadensis ‘Texensis’
|
|
Tree Ligustrum
|
Ligustrum lucidum
|
|
Tulip Magnolia
|
Magnolia soulangiana
|
|
Vitex
|
Vitex agnus-castus
|
|
Wax Ligustrum Tree
|
Ligustrum japconicum
|
|
Yaupon Tree
|
Ilex vomitoria
|
|
SHRUBS FOR SCREENING REQUIREMENTS
| |
|
Shrubs:
|
Maintain three-foot height or greater.
|
|
|
Must be evergreen.
|
|
Common Name
|
Latin Name
|
|---|---|
|
Banana Shrub, Magnolia Fuscata
|
Michelia figo
|
|
Blue Vase Juniper
|
Juniperus chinensis ‘Glauca’
|
|
Bottlebrush
|
Callistemon rigidus
|
|
Burford Holly
|
Ilex cornuta ‘Burfordii’
|
|
Camellia Sasanqua, upright
|
Camellia sasanqua
|
|
Camellia
|
Camellia japonica
|
|
Chinese Holly
|
Ilex cornuta ‘Rotunda’
|
|
Cleyera
|
Ternstoremia gymnanthera
|
|
Dwarf Burford Holly
|
Ilex cornuta ‘Burfordii Nana’
|
|
Dwarf Japanese Holly
|
Ilex crenata ‘Compacta’
|
|
Dwarf Wax Myrtle
|
Myrica pusilla
|
|
Elaeagnus
|
Elaeagnus pungens
|
|
English Boxwood
|
Buxus sempervirens
|
|
Florida Jasmine
|
Jasminum floridum
|
|
Fringe Flower
|
Loropetalum chinense
|
|
Gardenia, Cape Jasmine
|
Gardenia jasminoides
|
|
Glossy Abelia
|
Abelia grandiflora
|
|
Indian Azalea
|
Rhododendron indica
|
|
Indian Hawthorn
|
Raphiolepis indica
|
|
Japanese Viburnum
|
Viburnum japonicum
|
|
Japanese Yew
|
Podocarpus macrophyllus
|
|
Kumquat
|
Fortunella japonica
|
|
Nandina
|
Nandina domestica
|
|
Oleander
|
Nerium oleander
|
|
Pineapple Guava
|
Feijoa sellowiana
|
|
Pittosporum
|
Pittosporum Tobira
|
|
Pyracantha
|
Pyracantha coccinea
|
|
Red Tip Photinia
|
Photinia glabra
|
|
Sweet Olive
|
Osmanthus fragrans
|
|
Texas Sage
|
Leucophyllum frutescens
|
|
Variegated Pittosporum
|
Pittosporum tobira ‘Variegata’
|
|
Variegated Privet
|
Ligustrum sinense variegata
|
|
Viburnum suspensum
|
Viburnum suspensum
|
|
Wax-leaf Ligustrum
|
Ligustrum japonicum
|
|
Wax Myrtle
|
Myrica cerifera
|
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, secs. 6, 12, adopted 12/14/82; Ordinance 87-33, sec. 9, adopted 4/28/87; Ordinance 91-66, sec. 2, adopted 8/27/91; Ordinance 92-62, sec. 5, adopted 8/11/92; Ordinance 98-7, sec. 10, adopted 2/3/98; Ordinance 00-96, sec. 1, adopted 11/28/00; Ordinance 05-022, sec. 1, adopted 3/8/05; Ordinance 05-034, sec. 2, adopted 3/29/05; 1978 Code, sec. 30-31; Ordinance 12-059, sec. 3, adopted 8/28/12; Ordinance 21-026 adopted 5/4/21)
(a)
Compliance required.
Except as otherwise provided herein,
no land, building or structure in any district shall be used or occupied
in any manner so as to create any dangerous, injurious, noxious, or
otherwise objectionable fire, explosive, or other hazard; noise or
vibration; smoke, dust, or other form of air pollution; heat, cold,
dampness, electrical or other substance, condition or dangerous element
in such a manner or in such amount as to adversely affect the surrounding
area or adjoining premises. Permitted uses as set forth in this chapter
shall be undertaken and maintained only if they conform to the regulations
of the section.
(b)
Performance standard regulations.
The following standards
shall apply in the various zoning districts as indicated:
(1)
Exterior noise.
The following noise standards, unless
otherwise specifically indicated, shall apply to all property within
the city:
(A)
For noise emanating from a facility on property located within any
residential zoning district, the allowable noise level shall be as
follows:
|
Time Interval
|
Allowable Exterior Noise Level
|
|---|---|
|
10:00 p.m. to 7:00 a.m.
|
50 dB(a)
|
|
7:00 a.m. to 10:00 p.m.
|
55 dB(a)
|
(B)
For noise emanating from a facility on property located within any
commercial zoning district, the allowable noise level shall be as
follows:
|
Time Interval
|
Allowable Exterior Noise Level
|
|---|---|
|
10:00 p.m. to 7:00 a.m.
|
65 dB(a)
|
|
7:00 a.m. to 10:00 p.m.
|
70 dB(a)
|
(C)
For noise emanating from a facility on property located within the
Light Industrial Zoning District, the allowable noise level shall
be 75 dB(A).
(D)
For noise emanating from a facility on property located within the
Heavy Industrial Zoning District, the allowable noise level shall
be 85 dB(A).
(E)
Noise emanating from property within any zoning district may exceed:
(i)
The allowable noise level plus up to five (5) dB(A) for a cumulative
period of no more than thirty (30) minutes in any hour; or
(ii)
The allowable noise level plus six (6) to ten (10) dB(A) for
a cumulative period of fifteen (15) minutes in any hour; or
(iii)
The allowable noise level plus eleven (11) to fifteen (15) dB(A)
for a cumulative period of five (5) minutes in any hour; or
(iv)
The allowable noise level plus sixteen (16) dB(A) or more for
a cumulative period of one minute in any hour.
(G)
For the purpose of determining compliance with the noise standards
in this section, the following noise sources shall not be included:
(i)
Noises not directly under the control of the property owner,
lessor, or operator of the premises.
(ii)
Noises emanating from construction, grading, repair, remodeling
or any maintenance activities between the hours of 7:00 a.m. and 8:00
p.m.
(iii)
Noises of safety signals, warning devices and emergency pressure
relief valves.
(iv)
Transient noise of mobile sources, including automobiles, trucks,
airplanes and railroads.
(v)
Activities conducted on public parks, playgrounds and public
or private schools.
(vi)
Occasional outdoor gatherings, public dances, shows and sporting
and entertainment events, provided said events are conducted pursuant
to a permit or license issued by the appropriate jurisdiction relative
to the staging of said events.
(vii)
Air conditioning or refrigeration systems or associated equipment.
(H)
For the purpose of determining compliance with the noise standards
in this section, noise levels are to be measured at any residential
property line within any permanent residential zoning district.
(I)
For the purpose of determining compliance with the foregoing subsections (C) through (F), and with regard to noise emanating from property already zoned industrial at the time this chapter is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.
(2)
Vibration.
No vibration from any use within any zoning
district shall be permitted which is perceptible without instruments
at any residential property line within any permanent residential
zoning district. For the purpose of determining compliance with this
standard, and with regard to vibration generated from any property
already zoned industrial at the time this chapter is enacted, vibration
is to be measured at residential property lines within residential
zoning districts as such residential zoning district lines exist at
the time this chapter is enacted.
(3)
Glare.
Primary and secondary glare (both direct and
reflective glare) having a source on private property shall not be
permitted to produce visual discomfort for viewers on other property
in any residential zoning district or on adjacent street rights-of-way.
Direct glare which produces visual discomfort is to be corrected or
avoided by reducing the intensity of the light source and/or the uses
of directional lighting or shading devices. Welding, new construction
and repairs of facilities shall be exempt from these regulations.
Provided, however, that no requirements will be imposed in derogation
of federal or state safety and health regulations.
(4)
Particulate air contaminants.
No emissions, dust, fumes,
vapors, gases, or other forms of air pollution shall be permitted
in violation of the rules and regulations of the state commission
on environmental quality and the Environmental Protection Agency.
(c)
Exceptions from performance standards.
The owner or
operator of any building, structure, operation or use which violates
any performance standard may file an application for a variance from
the provisions thereof wherein the applicant shall set forth all actions
taken to comply with said provisions and the reasons why immediate
compliance cannot be achieved. The board of adjustment may grant exceptions
with respect to time of compliance, subject to such terms, conditions
and requirements as it may deem reasonable to achieve maximum feasible
compliance with the provisions of this section of the chapter. In
its determinations, the board of adjustment shall consider the following:
(1)
The magnitude of the nuisance caused by the violation;
(2)
The uses of property within the area of impingement by the violation;
(3)
The time factors related to study, design, financing and construction
of remedial work;
(4)
The economic factors related to age and useful life of the equipment;
(5)
The general public interest, welfare and safety;
(d)
Exemptions.
The provisions of this section shall not
apply to industrial uses, or expansions thereof upon adjacent property,
which exist within the city on the effective date of this chapter.
(Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-32)
(a)
General.
The following sections describe the special
conditions under which certain uses are permitted in a zoning district
when reference is made to one or more of said sections in the chapter.
A building permit or certificate of occupancy shall not be issued
for any permitted use with "special conditions" until all of the required
conditions have been met.
(b)
Special conditions by use.
(1)
Cluster housing developments.
Cluster housing
developments shall meet each of the following conditions:
(A)
Area.
The site shall contain two
(2) or more acres of land.
(B)
Density.
The minimum average net land area per dwelling unit shall be governed by section 28.03.024(b), but shall not include public and private streets in the development.
(C)
Yards.
A minimum ten (10) foot yard
or open space area shall be required from all public street rights-of-way
and from the boundary of the development. A minimum yard of ten (10)
feet shall be established between all unattached dwellings.
(D)
Lot area and yards.
Individual lots
are exempt from the minimum lot area and yard regulations otherwise
imposed in this chapter.
(E)
Common open space.
There shall be
a minimum of one thousand (1,000) square feet of usable common open
space per dwelling unit in the development. Common open space must
be usable for recreational activities and must be assembled in contiguous
areas of not less than ten thousand (10,000) square feet.
(F)
Final plat.
A recorded final plat
covering all the area of a cluster housing development shall be required
before a building permit shall be issued.
(G)
Development phases.
A description
of planned development phases shall be included in the application
for, and made a part of the approval of, the final plat for cluster
housing development. Each scheduled phase of development shall include
a reasonable proportion of required common open space.
(H)
Co-owners' association and assessments.
A co-owner association or other legal entity shall be created
to provide for the retention and perpetual maintenance of all common
open space, private utilities, and private streets and approved by
the city attorney. There shall be a declaration creating an association
of co-owners, whether called by that name or any other, the membership
of which shall be composed of all owners of lots or other units within
the perimeter of the development. Voting within the association may
be weighted in any manner, except that provision shall be made that
upon the conveyance of all lots or other units by the applicant of
the permit, each owner of each lot or other unit shall have an equal
vote. The word "owner" shall mean the record owner, whether one or
more persons or other unit which is a part of the development, including
sellers under contract for deed, but excluding those having such interest
as a security for the performance of an obligation. There shall be
a declaration that each owner of a lot or other unit shall, by acceptance
of a deed therefor, whether expressly stated in such deed or not,
be deemed to covenant and agree to pay to the association the following
minimum assessments and maintenance fees.
(i)
Private street maintenance.
An assessment
for ordinary maintenance and also a special assessment for capital
improvements and extraordinary maintenance and repair of all private
streets within the development. The word "street" as used in this
subsection shall mean all paved or unpaved roads open to all owners
of the development, so designated on the plat of the development,
as distinguished from private driveways leading into one or more lots
or other units.
(ii)
Utility, water and sewer assessments.
A monthly assessment for each owner's pro rata shares of the
monthly utilities which may be metered or sold to the development
as a unit; provided, however, that in the event one or more utilities
are not provided to all owners within the development, the declaration
may provide for a pro rata assessment as between those owners actually
serviced by the utility, only. In addition to the monthly assessment
herein above provided, there shall be declared provisions for special
assessments for ordinary maintenance and repair, as well as a special
assessment for extraordinary maintenance and repair, as well as capital
improvements for, all sewage collection systems and water lines shared
in common by, and servicing in common, all owners within the development,
as distinguished from lines which serve only one or more units. Declarant
may choose to dedicate water and sewer easements for water and sewer
collection systems shared in common by all owners of the development
that are within the perimeter of the development to the public, and,
providing such dedication is accepted by the City, no assessment for
the maintenance of water and sewer collection systems shared in common
by the owners of said development shall be required.
(iii)
Maintenance of common open space.
The applicant shall also submit a scheme, subject to the approval
of the city council, for assuring continued retention and perpetual
maintenance of common green areas for as long a time as the development
exists. The approved documents embodying restrictive covenants, deed
restrictions or other methods of giving such assurance shall be filed
for record in the county clerk's office at such times as the
planning commission or the city council directs.
(2)
Adult entertainment uses.
The following special
conditions and regulations shall apply for adult entertainment uses
without regard to whether the adult entertainment use is a primary
or accessory use. Adult entertainment uses are those which exclude
minors by virtue of age under the state penal code unless such minor
is accompanied by a consenting parent, guardian, or spouse and shall
include but not be limited to, adult motion picture theaters, massage
parlors, nude modeling studios, nude photography studios, adult bookstores,
or eating and drinking establishments which have sexually oriented
entertainment such as go-go dancers, exotic dancers, strippers, or
other similar entertainers.
(A)
An adult entertainment use shall not be established
or expanded within one thousand five hundred (1,500) feet of any dwelling.
(B)
An adult entertainment use shall not be established
or expanded within three hundred (300) feet of any other adult entertainment
use, bar, pool hall, or liquor store.
(C)
An adult entertainment use shall not be established
or expanded within one thousand five hundred (1,500) feet of a church,
child care facility, school, hospital, public building, or public
park.
(D)
The method of measuring the distance between an
adult entertainment use and another adult entertainment use or any
other use shall be from nearest property line to nearest property
line of said uses.
(E)
Eating places (SIC 5812) and drinking places (SIC
5813) that have adult entertainment and videotape rental (SIC 7841)
that rents adult videotapes shall not be allowed in the RCR, NC, NSC,
GC-MD and GC-MD-2 Districts.
(3)
Swimming pool.
Exception for private recreation facilities under subsection (8) below.
(A)
If located in any residential zoning district,
the pool shall be intended and used solely for the enjoyment of the
occupants of the principal use of the property on which it is located
and their guests.
(B)
A pool may be located anywhere on a premises except
in the required front yard, provided that the pool shall not be located
closer than five (5) feet to any property line of the property on
which located.
(C)
The swimming pool shall be enclosed by a wall or
fence six (6) feet in height with locking gates.
(4)
Mobile home.
A mobile home shall be permitted
only in a mobile home park or a mobile home subdivision or as a single-family
use for security caretaker housing on property and facilities used
as a governmental or public school district use through a specific
use permit.
(5)
Garage apartments.
Garage apartments that are
occupied by members of the family of the occupant of the principal
dwelling and that meet all yard, open space, and off-street parking
requirements that are permitted.
(6)
Servant's or caretaker's quarters.
Accessory
dwellings are permitted only if located in the rear of a principal
building on the same lot and only if conforming with all the yard,
open space, and off-street parking requirements.
(7)
Accessory buildings.
An accessory building may
be erected as an integral part of the principal building or erected
detached from the principal building and it may be connected by a
breezeway or similar structure. An accessory building attached to
the main building shall be made structurally a part and have a common
wall with the principle building and shall comply in all respects
with the requirements of this chapter applicable to the main building.
When a property owner owns two adjacent lots and wishes to erect an
accessory building on the lot that does not contain a main building,
the accessory building must straddle the adjoining lot line. Any utility
service to an accessory building shall not be serviced from the main
building. No separate utility meter will be allowed on an accessory
building.
(8)
Private recreation facility.
Private recreation
facilities in residential districts shall for multifamily developments,
subdivisions, or homeowners' associations be restricted to use
by the occupants of the residence and their guests, or by members
of a club or homeowners' association and their guests, and shall
be limited to such uses as swimming pools, open game fields, basketball,
shuffleboard, racquet ball, croquet, and tennis courts, and meeting
or locker rooms. Private recreation facilities shall not be located
within twenty-five (25) feet of any street right-of-way or within
ten (10) feet of any abutting property line. Activity areas shall
be fenced and screened from abutting properties. Dispensing of food
and beverages shall be permitted on the premises only for the benefit
of users of the recreation facility and not for the general public.
Off-street parking shall be required on the basis of each four thousand
(4,000) square feet of area devoted to recreational use with a minimum
of four (4) spaces and a maximum of twenty (20) spaces.
(9)
Auto repair garage.
Automobile repairing, painting,
upholstering, and body and fender work shall be performed only under
the following conditions:
(A)
All body and fender repairing shall be done within
a completely enclosed building or room with stationary windows that
may be opened only at intervals necessary for ingress and egress;
(B)
No spray painting may be done except in a building
or room specially designed for that purpose;
(C)
All other auto repairing, etc., shall be conducted
within a building enclosed on at least three (3) sides.
(10)
Temporary batching facility.
Before a specific
use permit may be granted for a temporary batching facility, the city
council shall find that such batching plant, yard, or building is
both incidental to and necessary for construction within two (2) miles
of the plant. A specific use permit may be granted for a period of
not more than one hundred and eighty (180) days, and approval shall
not be granted for the same location for more than four (4) specific
use permits during any thirty (30) month period. Within thirty (30)
days following the termination of any batching plant, the permittee
shall cause the site to be returned to its original condition.
(11)
Restaurant.
The sale of alcoholic beverages shall
be permissible only as an adjunct, minor, and incidental use to the
primary use which is the sale and service of food unless the restaurant
is located in a district which permits drinking places as a use of
right.
(12)
Offices.
Office development in the OP, office
park district, shall be subject to the following additional supplemental
conditions:
(A)
A minimum ten (10) foot landscaped open space buffer
strip shall be provided along any property line which abuts a residential
zoning district.
(B)
A minimum twenty-five (25) foot landscaped open
space area shall be provided in the required front yard and also in
the side yard if the property is a corner lot.
(C)
No parking spaces shall be located in the minimum
front yard or side yard if the property is a corner lot, and driveways
shall provide direct access to any parking areas.
(D)
All lighting shall be so situated as not to reflect
light on any residential property.
(E)
Building site coverage consisting of all buildings
and structures and all paved surfaces shall not exceed ninety (90)
percent of the total lot area.
(F)
Storefront, show window, or display window effects
shall not be permitted and there shall be no display from windows
or doors and no storage of merchandise in the building or on the premises
except in quantities customarily found in a professional or business
office.
(13)
Renting equipment.
Special use permits are not
required for the rental of equipment in a zoning district that permits
the sale of the equipment as a right.
(14)
Accessory parking.
Accessory parking of vehicles
with more than two (2) axles or that have a rated carrying capacity
in excess of two (2) tons, other than recreational vehicles, shall
not be allowed in residential zoning districts.
(15)
Storage limitations.
In a GC-MD district a towing
service shall only be permitted to store no more than ten (10) vehicles
on the lot or premises on which it is located as a use of right. Storage
of more than ten (10) vehicles shall be permitted only with a specific
use permit.
(16)
Heliports and helistops.
Heliports and helistops, as defined in section 28.01.004(b), are subject to the requirements of article 14.02, division 2 of the City Code of Ordinances.
(17)
Veterinary services.
Veterinary services and clinics
in RCR, NC, NSC, GC-MD, GCMD-2, and CBD districts shall be limited
to the care of household pets and shall not provide overnight kennel
services, except on a medical emergency basis. Overnight kennels and
veterinary services not limited to household pets may be allowed in
GCMD, GC-MD-2 and CBD districts with a specific use permit. Veterinary
services for animal specialties (SIC 0742) may be permitted as an
accessory use to existing kennels (SIC 0752) with a specific use permit.
(18)
Permitted land uses.
The land uses listed under
SIC Group Number 20 through 26, 30 through 32, 34, 35, 37 and 44 shall
be permitted within the GC-MD, CBD and C-M Zoning Districts if: (i)
granted a specific use permit and (ii) it complies with the following
conditions:
(A)
All business-related activities, including storage
of materials and equipment, shall be conducted within a completely
enclosed structure.
(B)
All lighting shall be situated so as not to cast
or reflect light on any residential property.
(C)
A traffic circulation plan showing all parking,
drives, loading/unloading areas, and curb cuts, and truck routes shall
be submitted to the city engineer for approval. The city engineer
may, as a condition of approval of the traffic circulation plan, restrict
the size of trucks parked on the site or involved in deliveries and
pickup. The city engineer may also designate or restrict truck routes.
(D)
The maximum gross floor area for any lot or premises
shall be five thousand (5,000) square feet.
(E)
Signs shall comply with the sign requirements for
the NC, neighborhood commercial district.
(19)
Residential care uses.
Compliance with the following
conditions is required:
(A)
At least fifteen (15) days prior to the issuance
of a building permit and/or a certificate of occupancy, written documentation
must be submitted to the building official outlining the type, size,
location, characteristics, and proposed activities of the facility.
The names, addresses, and phone numbers of the operators, general
operation information, a site plan, and a list of the licenses and
grants the facility will operate under must also be submitted.
(B)
The owners of property within two hundred (200) feet of the proposed facility's property lines must receive a written notice of compliance with this chapter no less than ten (10) days prior to the issuance of the building permit and/or the certificate of occupancy. The notice will contain a copy of the written documentation submitted to the building official as required in subsection (19)(A). A processing fee of one hundred twenty-five dollars ($125.00) shall be paid to the city.
(C)
A facility must be licensed, certified, or accredited
by an agency of the county, state or federal government prior to providing
services and the issuance of a certificate of occupancy. Approval
of a specific use permit by city council may be used in lieu of a
license.
(D)
A facility must provide twenty-four (24) hour on-site
supervision of its residents or clients.
(E)
A facility must comply with the following densities:
|
Zoning District
|
Minimum Square Feet of Lot Area Per Resident
|
|---|---|
|
RMM
|
800
|
|
RMH
|
500
|
|
RCR
|
500
|
|
GC-MD
|
500
|
|
GC-MD-2
|
500
|
|
CBD
|
No minimum as determined by specific use permit
|
|
PUD
|
(F)
A sign measuring not less than ledger (eleven (11)
inches by seventeen (17) inches) in size will be posted in the public
right-of-way adjacent to the proposed facility's location not
less than ten (10) days prior to the issuance of a building permit.
The sign will state the type of land use and the name, address, and
phone number of the agent or agency responsible for the proposed facility.
(20)
Storage of plastic and rubber material.
The storage
of plastic and rubber material within the city limits shall meet the
following conditions:
(A)
The warehouse shall be limited to a one-story structure
with a height limit of forty-five (45) feet.
(B)
The warehouse shall be located on a lot of no less
than ten thousand (10,000) square feet in area.
(C)
The building setbacks shall be a minimum of twenty
(20) feet from any and all lot lines or as listed on the area and
height regulations tables, section 28.03.024(b)2, and 3, whichever
is greater.
(D)
The regulations of the fire code shall be complied
with.
(21)
Garage sales are a permitted use in all the residential zoning
districts provided the following conditions are complied with:
(A)
A garage sale shall not be for more than three
(3) continuous days;
(B)
No more than two (2) garage sales per calendar
year per premises shall be allowed;
(C)
Hours of operation shall be limited from sunrise
to sunset;
(D)
No merchandise shall be displayed or placed on
the public right-of-way; and
(E)
Only one unlit sign, no larger than six (6) square
feet, and set off of the public right-of-way shall be allowed.
(F)
Garage sales conducted out of a dwelling unit are
exempt from the parking requirements.
(22)
Bed and breakfast facility.
(A)
General purpose and description.
The establishment of bed and breakfast facilities has been found
to not only provide an alternative type of lodging for visitors to
the city, but the income for such facility provides incentives for
maintaining the city's older homes. This subsection is enacted
on the basis of the public policy that supports the city as a tourist
destination of persons interested in the architectural and historic
significance of the city's older residential structures. This
subsection focuses on the need to provide an incentive for owners
of the city's older homes to continue occupancy and maintenance
of historic structures.
(B)
Definition.
An owner-occupied private
home built prior to 1950 and located within an historic district or
awarded an HC-L designation and/or of historic significance which
offers lodging for paying guests, which serves food to only those
guests and which allows for limited social functions as regulated
in this subsection.
(C)
Special regulations for bed and breakfast facilities.
(i)
Structure.
The bed and breakfast
facility shall be operated within the principal structure and not
in any accessory structure. The owner shall live in the main structure.
The structure to be used as a bed and breakfast facility shall have
been constructed prior to 1950 and be located in a historical district
or awarded an HC-L designation and/or of historic significance.
(ii)
Specific use permit required.
a.
A specific use permit granted by city council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the City Code of Ordinances, section 28.02.008.
b.
An application for a specific use permit shall be
filed with the director of planning, who shall prepare a report for
review by the planning commission and city council.
c.
Issuance of a specific use permit by the city council,
after recommendation by the planning commission, is conditioned on
whether the proposed bed and breakfast facility will be compatible
with and will not adversely affect or be materially detrimental to
adjacent uses, residents and buildings or structures.
d.
The specific use permit for a bed and breakfast
facility shall expire once the applicant ceases to occupy the premises.
Any subsequent occupant must apply for and be granted a new specific
use permit prior to the continuation of use of the premises as a bed
and breakfast facility.
(iii)
Size.
A bed and breakfast facility
shall not be less than two thousand five hundred (2,500) square feet
in floor area.
(iv)
Number of guest rooms.
A maximum
number of five (5) guest rooms is allowed.
(v)
Management.
The facility shall be
owner occupied.
(vi)
Length of stay.
Maximum length of
stay is limited to fourteen (14) consecutive days in any thirty (30)
day period of time. The resident owner shall keep a current guest
register including names, addresses, and dates of occupancy of all
guests.
(vii)
Signage.
Signs shall be permitted upon approval of a building permit by the chief building inspector and in accordance with the City Code of Ordinances, section 28.04.003. In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house.
(viii)
Parking.
One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the City Code of Ordinances, section 28.04.006.
(ix)
Additions and alterations.
No exterior
additions or alterations shall be made for the express purpose of
maintaining or adding to a bed and breakfast facility, other than
those required to meet health, safety, and sanitation requirements.
Minimal outward modification of the structure or grounds may be made
if such changes are deemed compatible with the character of the area
or neighborhood. Such alterations and additions must meet all zoning
standards and building code requirements and must be approved by the
historic landmark commission (when such property is located in a historic
district, awarded an HC-L designation and/or of historic significance).
(x)
Other uses.
a.
The sale and/or display of merchandise or other
commodities is prohibited.
b.
Weddings, receptions, luncheons, cocktail parties,
or any other such function for which the owner receives payment for
the use of the facility, and which is not a function for the personal
use of the owner, their friends or relatives, may be allowed if sufficient
off-street or satellite parking is provided and documented. The number
of functions shall not exceed twenty-four (24) events per year nor
more than two (2) events per month. The planning division is to be
notified of the functions taking place. Notification shall be filed
with the planning division on a quarterly basis, indicating the type
of function, the date, and the number of guests. The city council
may restrict the number of social events based upon neighborhood compatibility,
lack of parking facilities, traffic generation, and/or traffic capacity
of surrounding streets.
(xi)
Health, fire and building considerations.
All bed and breakfast facilities shall meet all applicable local
and state regulations.
(23)
In GC-MD, SIC Group Number 15, 16, and 17 are permitted by right
if there is no fabrication or outside storage or repair.
(24)
Cellular telephone transmission towers shall be prohibited within
two hundred (200) feet of a residentially zoned property. The method
of measuring the distance between the cellular telephone transmission
tower and the residential zoning district shall be from the nearest
lease or property line of the cellular telephone transmission tower
facility to the nearest residential district boundary.
(25)
Temporary portable storage containers may be located as a temporary
structure on property within the city for a period of no more than
thirty (30) days. No more than two (2) temporary portable storage
containers may be located on a specific piece of property within the
City at any one time. Such temporary container shall not be located
on a specific property more than two (2) times in any given thirty
(30) calendar day period. Such temporary container shall be located
no closer than five (5) feet to the property line unless placed on
an existing impervious driveway. No container shall be placed on public
right-of-way. Such container shall not exceed eight (8) feet in height,
eight (8) feet in width or twenty (20) feet in length. No advertising
other than the name of the company, its phone number, and its website
shall appear on the container. It shall be the obligation of the owner
or user of such temporary container to secure it in a manner that
does not endanger the safety of persons or property in the vicinity
of the temporary container. In the event of high winds or other inclement
weather conditions in which such structure may become a physical danger
to persons or property, the appropriate code enforcement officer(s)
may require the immediate removal of such temporary container. In
the event of fire, hurricane, or natural disaster causing substantial
damage to the dwelling structure, the property owner may apply to
the planning manager for permission to extend the time that a portable
on demand storage container may be located as a temporary structure
on the property. Extensions shall be for periods of thirty (30) days
with no more than two (2) grants of extensions allowed.
(26)
On undeveloped property in a GC-MD district, the parking of
commercial vehicles with more than two (2) axles or that have a rated
carrying capacity in excess of two (2) tons shall require the granting
of a specific use permit.
(27)
Single-family or duplex industrialized housing must have all
local permits and licenses that are applicable to other single-family
or duplex dwellings. Any industrial housing shall:
(A)
Have a value equal to or greater than the median
taxable value of each single-family dwelling located within five hundred
(500) feet of the lot on which the industrialized housing is proposed
to be located, as determined by the most recent certified appraisal
for the county. Value shall be defined as the taxable value of the
industrialized housing and lot after installation of the housing;
(B)
Have exterior siding, roofing, roof pitch, foundation
fascia, and fenestration compatible with the majority of the single-family
dwellings located within five hundred (500) feet of the lot on which
the industrialized housing is proposed to be located;
(C)
Comply with building setbacks, the subdivision
ordinance, and other site requirements applicable to single-family
and duplex dwellings; and
(D)
Be securely fixed to a permanent foundation as
defined by the city adopted building codes. Permanent foundation shall
mean one of the following:
(i)
Pier and beam foundation as designed by a registered
professional engineer licensed in the state.
(ii)
A combination pier and footing as designed by
a registered professional engineer licensed in the state.
(iii)
A monolithic poured-in-place slab as designed
by a registered professional engineer licensed in the state.
(28)
Living in recreational vehicles shall not be permitted except
in designated recreational vehicle parks.
(29)
For the purpose of this section, bottle clubs, which shall be
defined as social meeting places where patrons are served drinks from
their own bottles of alcoholic beverages shall be classified under
SIC Group 5813, drinking places. This definition shall not include
eating places that serve individuals from the individual's own
bottle or private stock.
(30)
Eighteen (18) wheeler trailers shall not be used as storage
units except in the LI and HI districts.
(31)
Mobile food units shall not be stored in A-R, RS, RM-M, RM-H,
RCR, and RCR-H districts.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 1, adopted 7/28/81; Ordinance 82-109, secs. 2, 3, adopted 9/14/82; Ordinance 86-89, sec. 3, adopted 8/2/86; Ordinance 87-33, sec. 2, adopted 4/28/87; Ordinance 87-60, sec. 2, adopted 7/28/87; Ordinance 87-74, sec. 3, adopted 9/22/87; Ordinance 87-79, sec. 1, adopted 10/13/87; Ordinance 87-84, sec. 1, adopted 10/27/87; Ordinance 89-10, sec. 1, adopted 2/28/89; Ordinance 89-14, sec. 2, adopted 3/7/89; Ordinance 89-21, sec. 2, adopted 4/25/89; Ordinance 92-63, sec. 3, adopted 8/25/92; Ordinance 93-69, sec. 3, adopted 11/23/93; Ordinance 98-7, sec. 11, adopted 2/3/98; Ordinance 02-029, sec. 2, adopted 4/23/02; Ordinance 02-058, sec. 1, adopted 8/27/02; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/39/05; 1978 Code, sec. 30-33; Ordinance 07-096, sec. 3, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 3, adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031, sec. 10, adopted 6/26/12; Ordinance 12-074, secs. 10-11, adopted 9/25/12; Ordinance 13-003, secs. 4—5, adopted 1/15/13; Ordinance 13-033, sec. 2, adopted 6/4/13; Ordinance 21-026 adopted 5/4/21; Ordinance 24-014 adopted 3/19/2024)
