City of Midlothian, TX SECTION 2 ZONING DISTRICTS & USE TABLE

§ 2.01 ZONING DISTRICT CLASSIFICATIONS.

The City of Midlothian is divided into the following zoning districts and special districts. The districts established herein shall be known as:

Residential Zoning Districts (see Section 3 for more details)	Abbreviation
Agricultural	A
Single-Family One	SF-1
Single-Family Two	SF-2
Single-Family Three	SF-3
Single-Family Four	SF-4
Residential 2.5*	R2.5*
Residential Three*	R3*
Medium Density One	MD-1
Medium Density Two	MD-2
Multifamily	MF
Mobile Home	MH
* these districts are inactive & cannot be zoned to this district

Nonresidential Zoning Districts (see Section 4 for more details)	Abbreviation
General Professional	GP
Community Retail	CR
Commercial	C
Central Business District	CBD
North 8th Street	N8
Light Industrial	LI
Medium Industrial	MI
Heavy Industrial	HI

Special Districts (see Section 5 for more details)	Abbreviation
Planned Developments	PD
Special Use Permits	SUP
Historic Preservation Overlay	H
Airport Overlay	AO

(Ordinance 2013-24, sec. 2.01, adopted 7/9/13)

§ 2.02 CLASSIFICATION OF NEW AND UNLISTED USES.

a) New or unlisted uses shall be referred to the Planning & Zoning Commission, who shall make a determination as to the appropriate classification of the new or unlisted use based on findings of fact in relation to the nature of the new or unlisted use. The Planning & Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the district or districts within which such uses will be permitted.

b) The Planning Director, at the applicant’s request, shall refer the question concerning any new or unlisted use to the Zoning Board of Adjustment, requesting an appeal for an interpretation regarding as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use, and the potential impacts, both positive and negative on the surrounding area and overall community. Such interpretation may require an amendment to the Use Table.

c) The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall, by resolution, or minute order, approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as it determines appropriate, based on its findings.

(Ordinance 2013-24, sec. 2.02, adopted 7/9/13)

§ 2.03 NO REGULATION OF RAIL TRANSPORTATION.

Nothing in this section shall be construed to require classification of any new or unlisted use that constitutes transportation by rail carrier, nor shall any classification of uses listed in Section 2.04 be construed to regulate rail transportation.

(Ordinance 2013-24, sec. 2.03, adopted 7/9/13)

§ 2.04 USE TABLE.

a) 

Residential Uses

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Residential Uses
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CB	N8	LI	MI	HI
P	P	P	P	P	P	P	P	P		P	1. Single-Family Detached				S	P
See Section 5.100 for more information											2. Single-Family Attached	See Section 5.100 for more information
							P	P	P		3. Two-Family/Duplex					+
									P		4. Multifamily					+
								S	S		5. Boarding or Rooming House					+
										P	6. Mobile Home (Fixed)					+
										P	7. Mobile Home Park/Subdivision					+
								P	S		8. Tri-plex or Quadplex					+
										P	9. Manufactured Homes					+
S	S	S	S	S	S	S					10. Bed & Breakfast (private home)*					+
P1	P1	P1	P1	P1							11. Secondary Dwelling Units (SDUs)					+
1 Subject to development standards in Section 3.5700																+

Notes:
*	See Section 5.211 for more details
+	N8 District: See Section 4.500 for more information.

b) 

Educational/Institutional Uses

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Educational/Institutional Uses
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
By Resolution for a specific period											1. Revival, Gospel, or Evangelistic Tent					+
P	P	P	P	P	P	P	P	P	P	P	2. Place of Worship	P	P	P	P	+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	3. College or University	S	S	P	P	+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	4. Day Care or Kindergarten Center	S	P	P	P	+
S	S	S	S	S	S	S	S	S	S	S	5. Foster Home					+
P											6. Fraternal Organization, Civic Club, Lodge, Philanthropic Club	S	S	P	P	+	P	P	P
P	P	P	P	P	P	P	P	P	P	P	7. Family Home					+
P	P	P	P	P	P	P	P	P	P	P	8. Public/Private/Charter Schools	P	P	P	P	+	P	P	P
											9. Hospital	P	P	P		+	P	P	P
S	S	S	S	S	S	S	S	S	S		10. Public Library	P	P	P	P	+	P
											11. Nursing Care		P	P	P	+	P	P	P
											12. Business, Commercial or Trade School	S	S	P	P	+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	13. Cemetery or Mausoleum	S	S	S		+	S	S	S
S											14. Art Gallery or Museum	P	P	P	P	+	P	P	P
						S	S	S			15. Halfway House					+
P	P	P	P	P	P	P	P	P			16. Day Care (Home)					+
S	S	S	S	S	S	S	S	S	S		17. Group Home for the Developmentally Challenged					+
S	S	S	S	S	S	S	S	S	S	S	18. Community Center (public)	P	P	P	P	+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	19. Fire Station/Public Safety Building	P	P	P	P	+	P	P	P
											20. Mortuary or Funeral Home			P		+	P	P	P
											21. Crematorium					+	P	P	P
											22. Shelters					+	P	P	P
											23. Pet Cemetery					+	P	P	P

Notes:
+	N8 District: See Section 4.500 for more information.

c) 

Utility, Accessory & Incidental

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Utility, Accessory & Incidental
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
See Section 3.5300, Home Occupation, for requirements and uses that are approved, require SUP, or are not allowed											1. Home Occupation*					+
											2. Electrical Generating Plant					+	S	S	P
	S	S	S	S	S	S	S	S	S	S	3. Electrical Substation	S	S	S		+	P	P	P
S											4. Commercial Communication Tower, Type 1					+	P	P	P
											5. Commercial Communication Tower, Type 2	S	S	S	S	+	S	S	S
S	S	S	S	S	S	S	S	S	S	S	6. Telephone Line, Exchange Switching, Relay Station	P	P	P	P	+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	7. Water Reservoir, Pumping Station, Well or Tower	S	S	P	S	+	P	P	P
S											8. Water Treatment Plant/ Public Works Facility					+	P	P	P
P	P	P	P	P	P	P	P	P	P	P	9. Wind Energy System, single**	P	P	P	P	+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	10. Wind Energy System, multiple**	S	S	S	S	+	S	S	S
S	S	S	S	S	S	S	S	S	S	S	11. Solar Farm	S	S	S		+	S	S	S

Notes:
*	See Section 3.5300 for more details
**	See Section 7 for more details
+	N8 District: See Section 4.500 for more information.

d) 

Recreational & Entertainment

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Recreational & Entertainment
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
											1. Stadium		S	S		+	S	P	P
S	S	S	S	S	S	S	S	S	S	S	2. Golf Course with/without Country Club			P		+	P	P	P
											3. Dance Hall, Tavern, or Nightclub		S	S	S	+	S
P	P	P	P	P	P	P	P	P	P	P	4. Public Park or Playground	P	P	P	P	+	P	P	P
											5. Arcade		S	S		+	S	S	S
S											6. Rodeo Grounds (commercial)					+	P	P	P
S	S	S	S	S	S	S	S	S	S	S	7. Swim, Tennis, or Racquet Club		S	S		+	P	P	P
											8. Theater (outdoors)					+	S	S	S
											9. Theater (indoors)		P	P	P	+	P	P	P
											10. Athletic Facilities	P	P	P	P	+	P	P
											11. Commercial Amusement (indoors)		P	P	P	+	P	P	P
											12. Commercial Amusement (outdoors)					+	S	P	P
P	P	P	P	P	P	P	P	P	P	P	13. Swimming Pool		P	P		+	P	P	P
											14. Archery or Firearm Shooting Range (outdoor)			S		+	S	S	S
											15. Archery or Firearm Shooting Range (indoor)			P		+	P	P	P
											16. Golf Driving Range or Miniature Golf Course		P	P		+	P	P	P
											17. Circus, Carnival, and Fairgrounds (permanent)			S		+	S	S	S
By Resolution for a specific period											18. Temporary Outdoor Special Event	By Resolution for a specific period
											19. Sexually Oriented Businesses					+			P

Notes:
+	N8 District: See Section 4.500 for more information.

e) 

Transportation & Related Uses

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Transportation & Related Uses
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
S											1. Airport, Heliport, Helipad, or Helistop			S		+	S	S	S
											2. Transit Passenger Terminal			S	S	+	S	S	S
											3. Moving or Storage Company					+	S	P	P
											4. Motor Freight Terminal					+		P	P
											5. Truck Parking Lot (without associated use or building)					+		P	P
											6. Commercial Parking Lot or Structure	S	S	S	S	+	S
											7. Golf Cart Sales & Assembly			P		+	P	P	P
											8. General Freight Trucking and Freight Transportation Arrangement					+		P	P
											9. Private Tracks					+	S	P	P
											10. Truck Stop with Fuel & Accessory Services					+		S	S

Notes:
+	N8 District: See Section 4.500 for more information.

f) 

Motor Vehicle Related Uses

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Motor Vehicle Related Uses
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
											1. Car Wash	S	S	S		+	P	P	P
											2. Motor Vehicle Sales & Service			S		+	S	P	P
											3. Gasoline Station with or without Retail Sales		S	S		+	S	S	S
											4. Auto Parts Sales Store		P	P		+	P	P	P
											5. Seat Cover, Tire, or Muffler Shop			S		+	S	P	P
											6. Tire Retreading or Recapping					+		P	P
											7. Automobile Pound					+		S	S
											8. Businesses with Drive-thru Service, Drive-thru establishme nt or Motor Vehicle Oriented Business	S	S	S		+	S	S	S
											9. Wrecker Service			S		+	S	P	P
											10. Motor Vehicle Salvage Yard					+	S	S	S
											11. Automobile Accessory Sales & Service			S		+	S	P	P
											12. Farm Machinery Sales & Service			S		+	S	P	P
											13. Bus, Truck, Taxi Storage Yard, Maintenance & Garage Facility			S		+	S	P	P
											14. Motor Vehicle Repair Garage, major			S		+	S	P	P
											15. Motor Vehicle Repair Garage, minor			S		+	P	P	P
											16. Motor Vehicle Rental			S		+	S	P	P
											17. Recreational Vehicle (RV) Sales & Service					+		P	P

Notes:
+	N8 District: See Section 4.500 for more information.

g) 

Retail & Service Types

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Retail & Service Types
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
											1. Antique Shop		P	P	P	+	P	P	P
											2. Bakery or Confect. Shop (retail)		P	P	P	+	P	P	P
											3. Cleaning & Laundry, Drop-off/Pick-up & Self-Service (small shop w/ pick-up or drive-thru window)	P	P	P	P	+	P	P	P
											4. Specialty Shop		P	P	P	+	P	P	P
											5. Handicraft or Hobby Shop		P	P	P	+	P	P	P
											6. Fix-it Shop (household items)			P	P	+	P	P	P
											7. Pawn Shop			S		+	S	S	S
											8. Restaurants (over 1,000 square feet)	S	S	S	S	+	S	S	S
											8b. Restaurants (under 1,000 square feet)	P	P	P	P	+	P	P	P
											9. Photo, Music, Art, or Health Studio	P	P	P	P	+	P	P	P
											10. Commercial Tool, Trailer or Truck Rental			S		+	S	P	P
											11. Pharmacy, Drug Store, Health & Professional Care Stores (with pick-up or drive-thru window)	P	P	P	P	+	P	P	P
											12. Beauty Shop or Barber Shop	P	P	P	P	+	P	P	P
											13. Professional or Admin. Office	P	P	P	P	+	P	P	P
											14. Convenience Store			S		+	S	S	S
											15. Furniture or Appliance Store with Outdoor Display and Storage (new)					+	S	P	P
											16. Grocery Store, Supermarket or Superstore		S	S	S	+	S	S	S
											17. Farmers’ Market (outside sales of produce & merchandise)			P	P	+	P	P	P
											18. General Retail Sales store or shop	P	P	P	P	+	P	P	P
											19. Gun Shop & Repair	S	S	S	S	+	S	S	S
											20. News or Magazine Stand	P	P	P	P	+	P	P	P
											21. Medical Equipment Rental and Leasing	P	P	P	P	+	P	P	P
											22. Hotel or Motel	S	S	S	S	+	S	S	S
											23. Medical or Dental Clinic	P	P	P	P	+	P	P	P
											24. Bank or Financial Institution	P	P	P	P	+	P	P	P
											25. Book, Music, Video, Electronics, Appliance and Furniture Store		P	P	P	+	P	P	P
											26. Mail Services/Copy Center	P	P	P	P	+	P	P	P
											27. Package Stores (Alcohol Sales)			S		+	S	S	S
											28. Open Air Vending					+	S	P	P
											29. Outdoor Sales, Display and Storage					+	S	P	P
											30. Ice Kiosk Machines			P		+	P	P	P
											[31.] Body Art Studio*			S		+	S	S	S
											32. Brewpub		S	S	S	+	S
											[33.] Massage Establishment	P	P	P	P	+

Notes:
+	N8 District: See Section 4.500 for more information.
*	An SUP for a Body Art Studio shall not be granted if it will be located within the following distances of a Residential Zoning District, residential uses, a Church, Mosque, Synagogue or other place where worship services are regularly conducted, a Public, Private, or Parochial School, or a Daycare: (i) 1,200 feet, if the property is located in a Commercial (C) District or Light Industrial (LI) District; or (ii) 550 feet if located in a Medium Industrial (MI) District or Heavy Industrial (HI) District; the distance between a Body Art Studio to another Body Art Studio shall be a minimum of 1,200 feet in all aforementioned districts. In determining whether or not the proposed location complies with the foregoing distance restriction, the distance shall be measured by a singular straight line from the nearest property line of the property on which the Body Art Studio is to be located to the nearest property line of the property where the other Body Art Studio, Residential Zoning District, Church, Mosque, Synagogue or other place where worship services are regularly conducted, Public, Private, or Parochial School, or Daycare is located without regard to intervening structures, objects, or streets, alleys, and highways, or natural features.

h) 

Agricultural

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Agricultural
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
S											1. Animal Pound or Shelter		S			+	P	P	P
P											2. Veterinary/Sm all Animal Clinic (no outside pens)		S			+	S	P	P
S											3. Veterinary/Lar ge Animal Clinic (outside pens)					+		P	P
P											4. Farm or Ranch					+
											5. Greenhouse or Plant Nursery		P			+	P	P	P
S											6. Kennels, Boarding, Training or Breeding					+	S	S	S
											7. Pet Shops		P	P	P	+	P	P	P
											8. Feed Store		S			+	S	P	P
P											9. Crop Production					+
P											10. Stables (commercial)					+
P											11. Animal Production					+
P											12. Livestock Sales/ Shipping Facilities					+			P

Notes:
+	N8 District: See Section 4.500 for more information.

i) 

Commercial

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Commercial
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
											1. Furniture, Cabinet or Upholstery Construction or Repair Shop					+	S	P	P
											2. Cleaning or Dyeing Shop					+	P	P	P
											3. Contractor’s Shop & Storage Yard			S		+	S	P	P
											4. Heavy Machinery Sales & Storage					+	S	P	P
											5. Printing Plant					+	S	S	P
S											6. Dairy Operations			S		+	S	P	P
											7. Painting Shop (mixing & spraying)					+	S	S	P
											8. Petroleum Products Storage (wholesale outdoor, under 10,000 gal)					+			S
											9. Storage or Sales Warehouse (indoor)			S		+	P	P	P
											10. Mobile/Manufacture d Home Sales			S		+	S	P	P
											11. Wholesale Office or Sample Room			P		+	P	P	P
											12. Mini-Warehouse (dead storage only)			S		+	S	P	P
											13. Electronics & Sign Manufacturing					+	S	P	P
											14. Bottling Works or Cannery					+	P	P	P
											15. Machine Shop					+	S	P	P
											16. Scientific or Research Laboratory	S	S			+	S	P	P
											17. Stone Monument Sales & Service			S		+	S	P	P
											18. Food Catering Service		P	P	P	+	P	P	P
											19. Building Material Sales & Service			S		+	S	P	P
											20. Business/Commercial Showroom			S		+	S	P	P
											21. Distribution Center					+	S	S	P
											22. Bulk Storage Facility/Truck Storage or Transfer					+		S	P
SE1	SE1	SE1	SE1	SE1							23. Temporary Shipping/Stor age Containers	SE1	SE1	SE1	SE1	+	SE1	SE1	SE1

Notes:
+	N8 District: See Section 4.500 for more information.
1	Subject to development standards in Section 2.05.

j) 

Natural Resources Storage & Mining

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Natural Resources Storage & Mining
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
											1. Sales & Storage of Stone, Rock, Gravel, Sand, or Dirt					+		S	P
											2. Mining and Storage of Stone, Rock, Gravel, Sand, or Dirt					+		S	S
											3. Petroleum Products Storage (Tank Farm)					+		S	S
S	S				S	S					4. Petroleum or Gas Well Drilling			S		+	S	S	S
S	S				S	S					5. Compressor Stations, related to gas well drilling*			S		+	S	S	S
											6. Petroleum Refinery					+			S
											7. Stoneyard, Building Stone, Cutting, Sawing, or Storage					+		S	P
											8. Rock, Cement Crushers & Stone Quarry					+		S	P

Notes:
*	See Section 5.212 for more details
+	N8 District: See Section 4.500 for more information.

k) 

Industrial Uses & Processes

P = Permitted                     S = SUP                    SE = Special Exceptions                    Blank = Not Allowed
Industrial Uses & Processes
A	SF-1	SF-2	SF-3	SF-4	R2.5	R3	MD-1	MD-2	MF	MH		GP	CR	C	CBD	N8	LI	MI	HI
											1. Permanent Batch Plant							S	S
By Resolution for a specific period												By Resolution for a specific period
P	P	P	P	P	P	P	P	P	P	P	2. Temporary Batch Plant *	P	P	P	P	P	P	P	P
											3. Cement or Hydrated Lime Manufacture					+			P
											4. Sanitary Landfill					+			S
											5. Open Salvage Yard for Rags, Machinery, etc.					+			S
											6. Smelter or Refinery					+			S
											7. Steel Mill					+			S
											8. Brick Kiln or Tile Plant					+			S
											9. Can Collection and Recycling Center					+	S	S	S
											10. Apparel Manufacturing			S		+	S	P	P
											11. Wood Product/Paper Manufacturing					+	S	P	P
											12. Chemical Manufacturing & Processing					+		S	P
											13. Plastics & Rubber Products Manufacturing					+		S	S
											14. Glass, Non-metal Mineral Product Manufacturing					+		S	P
											15. Metal Manufacturing					+		S	P
											16. Motor Vehicle Manufacturing & Accessorizing					+			P
											17. Brewery, Distillery or Winery					+		S	P
											18. Tobacco Manufacturing or Tar Distillation					+		S	P
											19. Animal Byproduct Processing					+			S
											20. Rubber Stamping, Shearing/Punchi ng Manufacturing					+		S	P
											21. Cement Products Plant					+		S	P
											22. Outside Storage & Display					+	S	S	S
											23. Carpet & Rug Cleaning					+		P	P
											24. Assembly of Pre-Manufactured Parts (except vehicle, trailers, airplanes, or mobile homes)					+		P	P
											25. Electroplating					+		P	P
											26. Fabricating or Manufacturing Housing, Temporary or Office Building					+		P	P
											27. Food Processing (no slaughtering)					+	S	P	P
											28. Galvanizing, Small Utensils					+		P	P
											29. Manufactured Home/ RV Repair					+	S	P	P
											30. Marble/Monume nt Works (finishing & carving only)					+	S	P	P
											31. Furnace Blast; Forge Plant, Boiler Works Manufacturer					+			S
											32. Manufacturing of Basket Material, Bicycles, Boots, Boxes (other than paper, caskets, shoes)					+	S	P	P
											33. Manufacture of Dies, Cores, Die-Cast Molding, and Metal Casting					+		S	P
											34. Metal Foundry Plant or Fabrication Plant					+			S
											35. Metal Smelting, Reclamation, or Ore Reduction					+			S
											36. Metal Stamping, Dyeing, Shearing, or Punching					+		S	P
											37. Mill (Feed or Flour)					+			S
											38. Industrial Storage Yard (accessory)					+		P	P
											39. Microbrewery					+	S

Notes:
+	N8 District: See Section 4.500 for more information.
*	Use of property for a Temporary Batch Plant is subject to and conditioned upon compliance with Section 6.07 of the Code of Ordinances.

(Ordinance 2013-24, sec. 2.04, adopted 7/9/13; Ordinance 2017-45 sec. 1(A), adopted 6/13/17; Ordinance 2018-05, sec. 1(A), adopted 2/13/18; Ordinance 2019-08 adopted 3/12/19; Ordinance 2019-20, sec. 1, adopted 4/9/19; Ordinance 2019-25 adopted 5/14/19; Ordinance 2019-33 adopted 7/9/19; Ordinance 2019-41, sec. 2, adopted 8/27/19; Ordinance 2019-66 adopted 12/10/19; Ordinance 2020-24 adopted 6/9/20; Ordinance 2020-52 adopted 9/22/20; Ordinance 2021-77 adopted 11/9/21)

§ 2.05 TEMPORARY PLACEMENT OF SHIPPING/STORAGE CONTAINERS.

a) Approval of a Special Exception must be obtained from the City Council following receipt of a recommendation from the Planning and Zoning Commission prior to the placement of a shipping/storage container on a lot or parcel within the City.

b) An application for a Special Exception for placement of a shipping/storage container shall be on a form prepared by and submitted to the Planning Department accompanied by an application fee established by resolution of the City Council, which application shall contain at least the following:

1) The name of the record owner of the property where the container(s) will be located and the name, mailing address, email address, and phone number of such owner’s representative who can be contacted in relation to questions about the application;

2) If different than the person identified in paragraph 1), above, the name, mailing address, email address, and phone number of such owner’s representative who will be acting on behalf of the property owner with respect to compliance with the provisions of any Special Exception that might be granted pursuant to this section;

3) If the applicant is a tenant on the property where the container(s) will be located:

i) The name of the tenant and the name, mailing address, email address, and phone number of such tenant’s representative who can be contacted in relation to questions about the application;

ii) If different than the person identified in subparagraph i), above, the name, mailing address, email address, and phone number of such tenant’s representative who will be acting on behalf of the property owner with respect to compliance with the provisions of any Special Exception that might be granted pursuant to this section; and

iii) The information required by paragraph 1) above accompanied by a statement signed by the owner that the owner consents to the tenant seeking an application for a Special Exception for the placement of one or more shipping/storage containers on the owner’s property at the location(s) and for the dates proposed in the tenant’s application;

4) A detailed site plan showing:

i) The number and location of all existing buildings, structures, parking, and other improvements on the property where the shipping/storage container(s) will be located;

ii) The proposed number and location of the shipping/storage container(s) to be placed on the property, inclusive of the front, side, and rear setbacks of the property and the dimensioned distances of the container(s) from such setbacks; and

iii) The type, height, and location of all screening to be used to screen the shipping/storage containers, including graphic images of what the screening will resemble;

5) The dates requested for placement and removal of the container(s);

6) Digital photographic images of the area on the property where the containers will be placed; and

7) A mitigation plan describing the repairs and changes to the area where the shipping/storage container(s) was/were located once the shipping/storage container(s) and designated screening are removed.

c) A Special Exception granted pursuant to this section shall be subject to the following standards:

1) The location of all shipping/storage containers on the property must comply with the setbacks for the primary structure for the Zoning District in which the property is located;

2) All shipping/storage containers must be located behind the horizontal line extending perpendicular from the end corners of the front facade of the primary structure to the side property line;

3) Shipping/storage containers shall not be located within fire lanes and shall be placed in a manner that otherwise complies with applicable provisions of the Fire Code;

4) All shipping/storage containers must be completely shielded and screened from the public view;

5) No more than one (1) shipping/storage container shall be permitted on a property that is zoned for residential uses;

6) No more than twenty (20) shipping/storage containers shall be permitted on a property that is zoned for nonresidential uses;

7) All shipping/storage containers must be painted with a nonreflective color, maintained in good condition and repair, and be free of graffiti and other extraneous markings other than the name of the owner of the container and such other identifying information as may be required by law when such containers are in transit;

8) The vertical stacking of shipping/storage containers will be prohibited;

9) Shipping/storage containers shall be permitted to be placed on the property identified in the Special Exception for an initial period of not more than ninety (90) days beginning on the first date the Special Exception states the shipping/storage container(s) may be placed on the property; provided, however, an extension of time not to exceed thirty (30) days may be granted by the City Council if an application requesting such extension of time is submitted not later than thirty (30) days prior to the date in the Special Exception by which the shipping/storage containers must be removed from the property;

10) All shipping/storage containers shall be removed from the property on or before the last date identified in the Special Exception for placement of the containers on the Property;

11) After the shipping/storage containers have been removed from the property, the area where the containers were placed must be returned to its previous or better state prior to the placement of the containers no later than seven (7) days after the removal; and

12) Such other conditions and standards that may be adopted by the City Council.

(Ordinance 2021-77 adopted 11/9/21)