(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:
(1) 
The specific use permit was obtained or extended by fraud or deception; or
(2) 
That one or more of the conditions imposed by the permit has not been met or has been violated.
(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:
(A) 
The parking spaces provided are usable for the intended purpose;
(B) 
The internal circulation pattern is safe and efficient for motorists and pedestrians; and
(C) 
Ingress and egress will minimize interference with the orderly, safe and efficient movement of traffic on adjacent public streets.
(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:
(A) 
The sign shall not exceed the height of the wall of the building to which it is attached;
(B) 
The sign shall not be lighted except by reflective floodlight type illumination;
(C) 
The sign shall not exceed forty (40) square feet in area.
(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.
(C) 
The maximum area for on-premises signs in a PUD district having mixed land uses will be determined by the regulations for each use type as it appears in the chart in subsection (4)(A) above.
(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:
a. 
Dowlen Road Extension;
b. 
Walden Road from 1,370 feet west of the west right-of-way line of IH-10 west to the ETJ boundary;
c. 
Concord Road from Gulf Street to Hwy. 105;
d. 
Washington Blvd. from Langham Road to Major Drive;
e. 
Phelan Blvd. from Major Drive to Keith Road.
(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 as listed in the fee schedule of this code.
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; Ordinance 25-008 adopted 2/18/2025)
(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) 
Definitions.
Berm.
Landscaped earthen hill of three (3) feet height or greater.
Berm
Caliper.
The measure of the diameter of a tree at eighteen (18) inches above grade.
(1) 
Class A trees must be two (2) inches caliper or greater.
(2) 
Class B trees if multi-trunked, must have a minimum of three (3) trunks of one (1) inch caliper each.
Class A tree.
A tree with a mature height of thirty (30) feet or more. See recommended list.
Class B tree.
A tree with a mature height of less than thirty (30) feet. See recommended list.
Critical root zone.
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.
Drip line.
A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
Easement.
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.
Island.
A curbed landscaped area in a parking lot that is surrounded on all sides by parking spaces.
Landscaped.
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.
Median.
A curbed landscaped area in a parking lot that separates parking aisles.
Open space buffer planting strip.
The area between single-family residential and any other zoned property. This strip is to include required trees.
Peninsula.
A curbed landscaped area that protrudes into parking aisles and adjoins other non-parking open space.
Planting strip.
The area between the curb and sidewalk, two (2) curbs, a curb and fence, or a sidewalk and fence.
Public right-of-way.
The entire strip of land lying between the property line and a street or thoroughfare, alley, crosswalk, or easement.
Shrub.
A woody plant of low or medium height, usually multi-stemmed. See recommended list for three-foot-high hedge.
Vehicular use area.
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
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
Shumard Oak
Quercus shumardii
Slash Pine
Pinus elliottii
Southern Red Oak
Quercus falcata
Spruce Pine
Pinus glabra
Swamp Chestnut Oak, Cow, Basket
Quercus michauxii
Sycamore
Platanus occidentails
Washingtonia Palm
Washingtonia robusta
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.
(F) 
In the event the ambient noise level exceeds the allowable noise levels in subsections (B), (C), and (D) above, the allowable noise level for the property in question shall be increased to equal the maximum ambient noise level.
(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, childcare 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 the nearest property line to the 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 are permitted.
(6) 
Accessory dwelling unit.
Accessory dwelling units that are occupied by members of the family of the occupant of the principal dwelling 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, racquetball, 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. The 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 repairs, 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 that 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 GC-MD, 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 curbcuts, 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.
(F) 
Industrial performance standards, as specified in section 28.04.007, will be applicable.
(G) 
Subsection (18) shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353).
(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 as listed in the fee schedule of this code 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 the city council may be used in lieu of a license.
(D) 
A facility may be required by the community development director to provide twenty-four (24) hour on-site supervision of its residents or clients on the basis of necessity or history of criminal activity associated with the proposed location.
(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 facilities 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 a 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 historic district or awarded an HC-L designation and/or of historic significance.
(ii) 
Specific use permit required.
a. 
A specific use permit granted by the 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 the 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.
The 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. The 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 and CBD, SIC Group Numbers 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 a 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. The 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, as 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, also known as shipping containers, shall not be used as storage units except in the LI and HI Districts.
(A) 
Eighteen (18) wheeler trailers or shipping containers may be allowed in the GC-MD District in a manner as provided herein:
(i) 
In the GC-MD District, eighteen (18) wheeler trailers or shipping containers may be used for storage or occupiable spaces, provided the structure complies with the building code, fire code, zoning code, health code, and other applicable codes of the city. The integration of art within occupiable spaces is encouraged to enhance aesthetic quality, community engagement, and user experience. An eighteen (18) wheeler trailer or shipping container being used for storage shall be fully screened from public view along any street right-of-way. Screening must be accomplished through fencing, landscaping, or other approved methods that ensure the 18-wheeler trailer or shipping container is not visible from public view along the street right-of-way.
a. 
Temporary placement of 18-wheeler trailers or shipping containers for temporary storage may be considered on commercially zoned properties, provided that the property owner, or their designee, submits a letter of reasoning, a proposed timeline of placement and removal, and a site plan to the planning and community development director, or their designee, for review. The planning and community development director, or their designee, will determine whether the request complies with the building code, fire code, zoning code, health code, and other applicable codes of the city. Approval must be granted before the trailer(s) or container(s) are placed on the property.
b. 
18-wheeler trailers or shipping containers shall not be used as storage units in the Historic-Cultural Landmark Preservation Overlay District.
c. 
The 18-wheeler trailers or shipping containers used as permanent structures shall comply with the adopted codes of the city including all property maintenance codes. The property owner shall be held responsible for ensuring compliance with this section and all applicable city codes.
(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; Ordinance 24-078 adopted 12/17/2024; Ordinance 25-008 adopted 2/18/2025)
(a) 
Purpose.
(1) 
The purpose of this section is to establish regulations for the protection of the health and safety of the occupant(s) of short-term rental properties; to protect the integrity of the neighborhoods in which short-term rental properties operate, and to ensure the collection and payment of hotel/motel occupancy taxes.
(2) 
This section does not grant the owner of residential property with the right or privilege to violate any private conditions, covenants, and/or restrictions applicable to the owner's property that may prohibit the use of said residential property for short-term rental purposes as defined in this section.
(b) 
Compliance and permit required.
(1) 
It shall be illegal to advertise, offer or enter into an agreement for a short-term rental within the City except in compliance with regulations adopted in this section and a valid permit issued pursuant thereto.
(2) 
In this section, the term "advertise" shall refer to any communication made by the owner/operator of a short-term rental notifying the public that a short-term rental is available for rent by that owner/operator.
(3) 
A violation under this section is a class C misdemeanor offense punishable upon conviction by a fine not to exceed $500 per offense. Each day shall constitute a separate offense.
(c) 
STR permit.
(1) 
Application requirements.
An application for a short-term rental permit shall be submitted to the Planning and Community Development Department.
(A) 
The application shall include the following information:
(i) 
The name, address, email address, and telephone number of the property owner and operator of the subject STR;
(ii) 
The name, address, email address, and telephone number that is answered 24 hours a day for the local contact person of the subject STR;
(iii) 
The name and address of the proposed STR;
(iv) 
Proof of hotel occupancy tax registration with state;
(v) 
A site plan of the property showing structures and location of parking space(s) and a floorplan to show the number of sleeping areas and the applicable overnight and daytime occupancy limit(s) of the proposed STR;
(vi) 
Such other information as the Director of Planning and Community Development, or their designee, deems reasonably necessary to administer this section.
(B) 
A passing City inspection.
(2) 
Fee.
The annual STR permit fee established in the master fee schedule is nonrefundable and due with application for permit. Said fee is applicable to all rental units including rooms and guest houses.
(3) 
STR permits are valid for one calendar year and shall expire on the anniversary date of the issuance of the permit. A permit may be renewed for the following calendar year beginning 60 days before the expiration of the current permit by filing a completed application for each permit and paying the applicable fee set forth in the master fee schedule. Additionally, an annual inspection fee shall be rendered at the time of application. Proof of having submitted to and passed any applicable annual inspections is required for the issuance or renewal of an STR permit. A late fee, as listed in the master fee schedule, shall not be prorated and are assessed on the first of each month extending beyond the expiration date listed on the valid STR permit.
(4) 
Failure to complete the renewal process for an STR permit may result in revocation of the STR permit. If an STR permit is revoked for any reason, the owner and/or operator may not reapply for the same permit for a period of 12 months from the date of the revocation.
(5) 
An STR permit is not transferable to another owner, operator, or location.
(6) 
The location of an STR shall conform to the City's Zoning Code, section 28.03.023, Permitted Use Table. STRs are considered legal nonconforming upon proof of existence prior to the adoption date of this article. If the STR permit is suspended, revoked, allowed to lapse, or otherwise the STR does not have a valid permit for any period of time, then the STR will be considered a new short-term rental and must adhere to the parameters set forth in section 28.03.023 of the City's Zoning Code and this article.
(d) 
Compliance with law.
(1) 
The owner of the property and the operator of the STR shall be responsible for compliance with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject STR, including prohibition of public nuisances and unreasonable noise. Violations of any applicable law, rule, or regulation may result in the revocation or denial of a short-term rental permit.
(2) 
Short-term rental guests shall be responsible for informing their occupants of all relevant City codes and the occupants' liability for violation of same.
(3) 
Parking on grassed or unpaved areas is prohibited and shall not count toward required parking. If the STR is an accessory use of the property, a minimum of one off-street parking space is required per rental unit. Parking must meet all other parking requirements in applicable law. The required site plan must include a parking plan; such plan shall be subject to approval by the Director of Planning and Community Development, or their designee, prior to the issuance or renewal of an STR permit.
(4) 
All short-term rentals shall be equipped with fire extinguishers, smoke detectors, and carbon monoxide detectors as required by all applicable laws.
(5) 
Each sleeping area must include at a minimum shared use of a full bathroom.
(6) 
Every sleeping area shall have at least one operable emergency escape and rescue opening as required by all applicable laws.
(7) 
No more than two adult guests per bedroom and no more than ten (10) people in total are permitted on site. The granting of a specific use permit is required for any short-term rental property to exceed ten (10) people.
(8) 
All short-term rental properties are required to prominently display a copy of their valid permit on-site. This display must include the name and 24-hour contact information of the local point of contact. This ensures that visitors, neighbors, and City officials can reach someone promptly in the event of an emergency, complaint or code compliance issue.
(e) 
Hotel occupancy tax required.
(1) 
The operator of a short-term rental shall collect hotel occupancy taxes as provided by all applicable law, including the City Hotel Occupancy Tax Code, article 18.03. Failure to collect and/or remit any taxes as required by law shall be grounds for the revocation of the STR permit and may result in a fine.
(2) 
Hotel occupancy tax is to be remitted and reported as required by section 18.03.004 of the City of Beaumont Code of Ordinances. Failure to submit reports on time may result in a delinquent report penalty and revocation of the STR permit.
(f) 
Jurisdiction, enforcement, and penalties.
(1) 
Pursuant to section 28.02.001, in addition to any other enforcement remedies that the City may have under other City ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in section 1.01.009. Each day any violation of this section continues shall constitute a separate offense.
(2) 
Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the Planning and Community Development Director, to remedy the violation.
(3) 
Written notice shall be issued to the property owner of a short-term rental by means of personal service, or by certified mail to their last known address according to the county appraisal district records, and by posting on the property.
(4) 
Any minimum fine for a violation of this section will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the fine exceed the maximum fine established in section 1.01.009.
(5) 
This is a strict liability offense in which no mental state is required.
(g) 
Appeals.
Appeals from a decision of the Planning and Community Development Director, or their designee, shall be reviewed by the Board of Adjustment.
(Ordinance 25-071 adopted 12/2/2025; Ordinance 26-001 adopted 1/6/2026)