Zoneomics Logo
search icon

Balcones Heights City Zoning Code

ARTICLE 5

SPECIAL DISTRICTS, USES, AND CONDITIONS

§ 153.5.0 Purpose.

The following special districts and conditions shall apply where the uses are permitted or permitted by special exception. These special districts and conditions are in addition to the generally applicable standards that apply to all uses within a particular zoning district. In the case of a conflict between the generally applicable standard for the zoning district and the specific standard for the use listed in this section, the more specific standards in this section shall apply.

§ 153.5.1.1 PLANNED UNIT DEVELOPMENT (PUD).

(1) 
Intent.
The special standards listed in this section for the Planned Unit Development (PUD) district are intended to:
(a) 
Encourage opportunities for development innovation tailored to a particular site, that while clearly furthering the goals of the comprehensive plan, could not explicitly be established by generally applicable standards or guidelines;
(b) 
Allow mixed-use development, which offers a greater variety in type, design and layout of buildings;
(c) 
Encourage land conservation and more efficient use of open space; and
(d) 
Permit modification of certain controls in a manner so as to produce large area development arranged to better serve community needs.
(2) 
Size.
A Planned Unit Development shall be a minimum of three acres.
(3) 
Uses.
The list of permitted uses shall be described and contained in the site plan accompanying each Planned Unit Development.
(4) 
Ordinance and site plan required.
Each Planned Unit Development shall have an ordinance that establishes the development of regulations for the district. In approving a Planned Unit Development, the ordinance shall reference the site plan, which shall prescribe development standards. The site plan after approval shall become part of the ordinance. All development shall be in conformance with the approved site plan and development standards.
(5) 
Conditions related to approval.
In addition to the general criteria for zoning map amendments, a map amendment to the PUD district may require the following conditions for compliance with the goals and intent of the comprehensive (master) plan and this appendix:
(a) 
Setbacks for building structures;
(b) 
Public street access;
(c) 
Vehicular traffic, circulation, connections and parking;
(d) 
Screening or buffer zones;
(e) 
Hours of operation;
(f) 
Activities or uses permitted on the property;
(g) 
Building or structure heights;
(h) 
Landscaping;
(i) 
Maximum lot coverage, impervious percentages;
(j) 
Pedestrian circulation;
(k) 
Signs;
(l) 
Mitigation of noise, fumes, odors, vibration or airborne particles;
(m) 
Exterior lighting;
(n) 
Exterior construction materials;
(o) 
Special fire protection;
(p) 
Outside storage and display of merchandise;
(q) 
Refuse and waste storage;
(r) 
Lot size and dimensions;
(s) 
Accessory buildings;
(t) 
Other information shown on the site plan; and
(u) 
Conformance to city ordinances.
(6) 
Building permit and certificate of occupancy compliance.
No building permit for any structure shall be issued, nor shall a certificate of occupancy be granted until the development plans, building permit application documents, and/or constructed buildings and site are consistent with the site plan and development regulations of the approved Planned Unit Development at the appropriate phase of the development process.
(7) 
Planned Unit Development amendments.
Changes or amendments to a Planned Unit Development shall be processed in the same manner as the original request. Slight changes in the detail of the Planned Unit Development that do not change the intent, meaning or relationship of structures to each other may be approved by the City Administrator or designee.
(Ord. 2011-06, passed 4-11-11; Am. Ord. 2011-22, passed 11-14-11)

§ 153.5.2.1 “MOTOR VEHICLE-SERVICE AND REPAIR” AND “RETAIL-CONVENIENCE STORE” USES.

(1) 
Intent.
The intent of the special conditions for these uses is to:
(a) 
Provide access to necessary services offered by vehicle service and repair businesses and retail convenience stores from all areas of the city;
(b) 
Allow such businesses to be appropriately mingled with other non-residential uses;
(c) 
Ensure location and design standards compatible with surrounding property, particularly the scale and intensity of surrounding commercial uses;
(d) 
Minimize the potential negative impact that such businesses may have on surrounding property and neighborhoods; and
(e) 
Recognize that the design and scale of such businesses can determine how well this use fits in with surrounding uses.
(2) 
Location restrictions.
In a MXD district, the property on which a vehicle service or repair business and retail convenience store is located shall not be within 100 feet of any residential district, or any property containing a school, public playground, church, hospital, public library or institution for children or dependents.
(3) 
Site requirements.
(a) 
An a vehicle service or repair business and retail convenience store shall have a minimum front lot line on the primary right-of-way of 120 feet and a minimum lot area of 12,000 square feet.
(b) 
All buildings shall be set back 40 feet from all right-of-way lines and all canopies shall be set back 15 feet from all right-of-way lines.
(c) 
Buffer fence or wall, if required under this article.
(d) 
Light or glare shall not spill onto adjacent property or rights-of-way. All light fixtures shall be either recessed into a canopy, or if they protrude, shall have a box that shields the bulb from direct view. A light fixture that protrudes from the bottom of a canopy shall have a box completely surrounding the bulb and the lens shall be flush with the box. Protruding bulbs and lenses are prohibited.
(e) 
All driving, parking, storage and service areas shall be paved and curbed.
(f) 
All gasoline pump islands or electric charging facilities shall be set back at least 30 feet from right-of-way line.
(g) 
No more than two pump islands with a maximum of four pumping stations per island shall be located on the site.
(h) 
No outdoor storage of any kind is permitted on the site.
(i) 
All a vehicle service or repair business and retail convenience store are subject to special site enhanced screening conditions to appropriately screen adjacent property from parking, pump islands, or service bays. This site screening shall be specific to the context of the site and may involve landscape treatment, walls, or other elements in accordance with Article 7, Buffering, Landscaping, and Tree Preservation. A site plan showing screening must be submitted and approved as a condition of building permit approval.
(4) 
Building design requirements.
In addition to the above site requirements, the following building design requirements shall apply:
(a) 
All buildings shall have a maximum set back of no more than 40 feet from all right-of-way lines or shall comply with the setback established for the zone in which the use is located, whichever is less. Any area between the building and the right-of-way shall only be used for landscape features and driveways;
(b) 
All buildings shall have a primary entrance facing the street, directly connected to the public sidewalk;
(c) 
At least 60% of all street-frontages on the lot shall be occupied by the building. On corner lots, the street frontage on the secondary street may be occupied by the building on as little as 50% of that frontage, provided that the 60% requirement is met when both frontages are combined;
(d) 
All buildings shall have at least 50% clear glazing on any street facing ground level. Glazing on windows and doors shall count towards this requirement;
(e) 
No more than two service bays shall be located on the site. Service bays shall not face the primary street frontage of the building;
(f) 
All vehicles shall be stored in an enclosed area and all vehicle repairs shall occur in an enclosed area.
(Ord. 2011-06, passed 4-11-11; Am. Ord. 2011-22, passed 11-14-11)

§ 153.5.2.2 HOME OCCUPATIONS.

(1) 
Intent.
The intent of the special conditions of home occupations is to:
(a) 
A home occupation is a business that is customarily carried on in a home by the resident;
(b) 
Provide opportunities for residents to earn income and operate businesses from their home;
(c) 
Allow businesses that do not adversely impact the residential character of neighborhoods;
(d) 
Ensure that the ongoing operations of home occupations are not visible or detrimental to adjacent residents and property owners.
(2) 
Location restrictions.
(a) 
Home occupations are permitted in all districts where single family residences are permitted and conforming to the special conditions of this section and any applicable laws or ordinances.
(b) 
Any home occupancy operation, which, whether by requirement of any law or regulation or for any other reason, requires a full and complete separation from the living area of the main building, including working in the front or back yard of the residence, shall not be construed as a home occupation within the meaning of the ordinance and be prohibited.
(3) 
Site and building requirements.
(a) 
The home occupation shall be an accessory use, incidental to the primary use of the premises for residential purposes.
(b) 
Reserved.
(c) 
Only one employee other than the occupants of the residence may be employed on-site at any one time. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business.
(d) 
Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities.
(e) 
Outdoor activities are not allowed, unless, the activities are screened from neighboring property and public rights-of-way.
(f) 
No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation.
(g) 
The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines.
(h) 
A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site.
(i) 
No major alterations to the property or exterior of the dwelling unit shall be allowed that changes the residential character of the home.
(j) 
No repair or servicing of vehicles, internal combustion engines, large equipment or large appliances shall be allowed, unless fully contained in a closed garage out of sight of other residences, and the garage shall comply to the current International Fire Code and International Building Codes as adopted by the city.
(k) 
No storage of hazardous materials for business purposes shall be allowed on the premises or any dangerous situation as determined by the Fire Chief, or contained as per the International Fire Code as adopted by the city.
(l) 
Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed, and orders previously made by telephone or at a sales party may be filled on the premises.
(m) 
No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must be accommodated within the off-street parking, provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot.
(4) 
Registration specifically prohibiting the operation of an unregistered home business which can be enforced in municipal court.
(a) 
Any person who shall cause or permit the operation of a home occupation within the city without first having obtained a valid permit, or who violates any part of this section, shall be guilty of a misdemeanor and punished by a fine of not less than $25 not more than $500.00, with each day of continuing violation constituting a separate offense punishable by the imposition of a separate fine. A violation of this section is a strict liability offense which does not require proof of a culpable mental state as a necessary element of the offense.
(b) 
Upon the trial for an offense under this section, proof that an assumed name certificate was filed with the appropriate authority, and the person charged is operating the business at the residence under the assumed name; or a certificate of formation was filed, or a registration submitted, for a business organization with the Texas Secretary of State, and the person charged is operating the business at the residence; or a sales tax and/or use tax permit from the Texas Comptroller of Public Accounts has been issued, and the person charged is operating the business covered by the permit at the residence; shall give rise to a rebuttable presumption the person charged is operating a home occupation within the meaning of this Code. Nothing contained herein shall ever be construed as prohibiting proof of an offense by direct evidence or other means.
(Ord. 2011-06, passed 4-11-11; Am. Ord. 2011-22, passed 11-14-11; Am. Ord. 2012-07, passed 6-11-12; Am. Ord. 2017-04, passed 4-24-17)

§ 153.5.2.3 ACCESSORY DWELLING UNITS.

(1) 
Intent.
The intent of an accessory dwelling unit is to allow flexibility for home occupations, while maintaining the residential character of existing neighborhoods. These standards apply to districts R-1 and R-5.
(2) 
Location restrictions.
Accessory dwelling units shall be located on the same lot as the principal structure and are subject to the dimension standards of the applicable zone.
(3) 
Site requirements.
(a) 
Any accessory structures shall only have a half bath;
(b) 
Full kitchens are prohibited;
(c) 
Any accessory structure proposed for home occupation shall not be larger than 625 square feet; and
(d) 
Any utilities for an accessory structure shall run through the principal structure.
(4) 
Exception.
Notwithstanding anything contained in this subsection to the contrary, any “bona-fide” mother-in-law suite with a kitchen, attached to the principle structure, under common roof and with internal access from the principal dwelling unit, shall not be deemed to be an accessory dwelling unit for purpose of this zoning ordinance but, instead, shall be deemed to be a part of the principle dwelling unit.
(Ord. 2011-06, passed 4-11-11; Am. Ord. 2011-22, passed 11-14-11)

§ 153.5.2.4 STORAGE AND PARKING OF TRAILERS AND VEHICLES.

(1) 
Intent.
The intent of this section is for the special conditions for storage and parking of vehicles which include recreational vehicles, boats, trailers, and to provide opportunities for residents to own, utilize and store vehicles, trailers and recreational vehicles.
(a) 
To ensure that parking and temporary storage of vehicles, trailers, boats and recreational vehicles is not detrimental to the neighborhood character and adjacent residents or property owners.
(b) 
To set forth restrictions on the parking of vehicles, boats, trailers, recreational vehicles in residentially zoned areas of the city.
(c) 
To provide exceptions for these restrictions and to provide penalties for the violation of this section.
(2) 
Definitions.
BOAT.
Any watercraft subject to registration pursuant to the Water Safety Act of the Texas Park and Wildlife Code. For convenience only, this generally includes all watercraft including: 1) all motorized boats, regardless of length (motorized boats include boats propelled by a trolling motor); and, 2) all sailboats 14 feet in length or longer, or any sailboat with an auxiliary engine(s).
MOTOR VEHICLE.
A self-propelled vehicle or a vehicle propelled by electric power and is requires registration under the laws of the State of Texas.
NON-MOTORIZED BOAT.
Canoes, kayaks, stand-up paddle board, rubber raft, punt, rowboat, or other boats under 14 feet in length which are maneuvered by paddling, poling, rowing, or windblown.
OVERSIZE VEHICLE.
Motorized or un-motorized vehicles, or trailer trucks, heavy duty equipment, vans or commercial vehicles or trailers, any of which are greater than 14,001 GVWR (gross vehicle weight rating). Recreational Vehicles not used for a commercial purpose shall not be considered an Oversized Vehicle.
RECREATIONAL VEHICLE.
A temporary dwelling for travel and recreational purposes, and licensed as a motor home, camper or travel trailer. Including Class A, B, and C motorhomes, pop-up camper, fifth wheel trailer, toy hauler, or travel trailer.
STORAGE PARKING.
The keeping of any vehicles, boats, trailers, and recreational vehicles in the same place for more than 24 hours.
TRAILER.
Is designed or used to carry a load wholly on the trailer’s own structure and is drawn or designed to be drawn by a motor vehicle.
VEHICLE.
Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.
(3) 
Storage requirements.
Except in accordance with the requirements of this section;
(a) 
It shall be unlawful for any person owning, leasing or having control of any boat, trailer, or recreational vehicle, to store or to allow same to be stored, at any time in the front yard of a dwelling within the limits of the city or within the city. Nonmotorized boats transported affixed to or in a motor vehicle and not on a trailer are exempted from the regulations of this article.
(b) 
Vehicles, boats, trailer or recreational vehicles may be stored in a side yard provided that: i) no part of the boat, trailer or recreational vehicle shall extend further than the front line of the house; and, ii) it is stored on a permanently maintained parking area constructed of:
(i) 
Concrete; or
(ii) 
Asphalt; or
(iii) 
Pavers.
(c) 
No more than one boat, trailer or recreational vehicle per dwelling shall be permitted.
(i) 
Single axle flatbed utility trailers, dual axle flatbed utility trailers, and/or trailers actively supporting a boat shall not be counted toward this limit.
(d) 
In no case shall any vehicle used for the sole or partial purpose of hauling explosives, gasoline or liquefied petroleum products be permitted in any residential zoning district.
(e) 
No hauling trailer, utility trailer, boat, boat trailer, or recreational vehicle shall be parked or stored in any street, or upon the right-of-way.
(f) 
A recreational vehicle shall not be occupied permanently while it is parked or stored in any permitted area. However, temporary occupancy shall be allowed and may not exceed seven (7) cumulative days per year. During a period of temporary occupancy, generators shall not be used. Residents must notify Balcones Heights Police Dispatch giving the date and time of occupancy, license plate number of recreational vehicle, last date of temporary occupancy, and any other information requested, by the city. Any extended period of time must be approved by city administrator.
(g) 
A junked vehicle (as defined in chapter 94 of the Code of Ordinances and by state law) shall not be permitted to be parked or stored on or near lots with dwelling units, or on streets or within right-of-way.
(h) 
No vehicle of any type may be parked on the grass at any time.
(i) 
No Oversized Vehicles shall be parked or stored:
(i) 
In any district for more than 6 consecutive hours on a city street or permanent thoroughfare of the city, except for the purpose of loading or unloading the same;
(ii) 
On an unimproved surface; or,
(iii) 
In the following zoning districts between the hours of 6:00pm and 6:00am the following day:
a. 
R-1. Single-family residence;
b. 
R-2. Dual-family residence;
c. 
R-3. Quadraplex residence;
d. 
R-4. Multifamily Low-rise residence;
e. 
R-5. Townhouse residence; and,
f. 
R-6. Multifamily mid-rise residence.
(4) 
Exceptions.
(a) 
A resident may park a boat, trailer or recreational vehicle in the front or side yard on a paved surface of a residence for a period not to exceed three (3) days or 72 hours for the purpose of loading, unloading, or performing maintenance.
(b) 
If the resident intends to utilize the exception in subsection (4)(a), the resident shall notify the Balcones Heights Police Dispatch giving the date and time of arrival, license plate number of the boat, trailer or recreational vehicle, departure date of such vehicle and any other additional information required by the city.
(c) 
A vehicle other than an Oversized Vehicle may be parked off of an approved surface for purposes of loading or unloading or washing of vehicles not to exceed four (4) hours.
(d) 
Boats, vehicles, trailers or recreational vehicles owned or operated by a public entity shall not be subject to this section except they shall park on an approved surface.
(e) 
Shall allow parking in an approved surface or roadway of an oversized vehicle owned by a public entity or critical communication infrastructure provider whose operator is subject to after-hours emergency response call-out and who has obtained a variance from the city administrator or his or her designees. The vehicle’s GVWR cannot exceed 18,000 pounds and no exemptions shall be granted for semi-truck parking in residential zoning districts.
(5) 
Authority to enforce.
The authority to enforce the provisions of this section shall be vested with the city administrator or his or her duly appointed representative.
(6) 
Liability.
Any nonconformance to subsection (3) shall fall under the responsibility of the current resident.
(7) 
Penalties.
Any person violating the provisions of subsection (3) of this section shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $2,000.00. Each day a vehicle is parked in violation of this section will constitute a separate violation.
(8) 
Nothing in this section shall affect statutes that permit immediate removal of a vehicle left on public property which constitutes an obstruction of traffic.
(Ord. 2011-06, passed 4-11-11; Am. Ord. 2011-22, passed 11-14-11; Am. Ord. 2018-04, sec. 1, passed 3-26-18; Am. Ord. 2018-06, passed 7-23-18; Ord. 2020-12, passed 9-28-20; Ord. 2021-01, passed 6/28/21)

§ 153.5.2.5 STORAGE-PERSONAL (MINI-WAREHOUSE).

(1) 
Intent.
The intent of the special conditions for storage-personal use is to:
(a) 
Allow for personal storage services to be mixed with other compatible commercial uses;
(b) 
Ensure that such storage facilities are located appropriately in order to minimize the impact on adjacent property;
(c) 
Recognize that the design and scale of such storage facilities can determine how well this use fits in with surrounding uses.
(2) 
Location requirements.
Storage-personal businesses may only be located in specified zoning districts.
(3) 
Site requirements.
(a) 
All one-way drive aisles shall provide for one ten-foot wide travel lane. Traffic direction and parking shall be designated by signs or painting.
(b) 
All two-way drive aisles shall provide for one ten-foot wide parking lane and two 12-foot wide travel lanes.
(c) 
Two parking spaces, to be located at the project office for use of clients, shall be provided for the manager’s quarters plus one additional space for every 25 storage cubicles.
(Ord. 2011-06, passed 4-11-11; Am. Ord. 2011-22, passed 11-14-11)

§ 153.5.3.1 DEFINITIONS.

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT.
The person that owns, rents, occupies, or controls the residential property and obtains the required permit for a portable temporary storage unit.
SUPPLIER.
The company or vendor which supplies the temporary portable storage unit to the residential property.
TEMPORARY PORTABLE STORAGE UNIT.
A transportable unit designed and used primarily for temporary storage of building materials, household goods, and other such materials for use on a limited basis on residential property. Job trailers sited in conjunction with a building project shall not be regulated by this section.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.3.2 PERMIT REQUIRED.

(1) 
Prior to, or within 48 hours following the initial delivery of the portable temporary storage unit, the applicant or the supplier shall apply for a permit in the Development Services office.
(2) 
The permit shall be obtained by:
(a) 
Completing the temporary portable storage unit permit application;
(b) 
Presenting an active permit for that property if the portable on-demand storage unit is to be used for the storage of building materials;
(c) 
Payment of a permit fee as established in the fee schedule set forth in this code; and
(d) 
Obtaining written approval of the permit by the building official, or designee.
(3) 
The application shall contain the name of the applicant to whom the portable temporary storage unit is supplied, whether the person owns, rents, occupies, or controls the property; the address at which the unit will be placed; the delivery date and removal date; active building permit number, if applicable; and a sketch depicting the location and placement of the unit. The permit shall be displayed and viewable from the public right-of-way.
(4) 
The effective date of the permit shall be the date of the Building Official’s or designee’s signature.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.3.3 DURATION.

(1) 
Permits shall be granted for a period of 30 consecutive days including the days of delivery and removal. No more than two permits shall be issued within any 12-month period, and a minimum of 15 days shall elapse between the end of one permit period and the beginning of another.
(2) 
In the event of fire, tornado, or natural disaster, or other extraordinary event causing substantial damage to the primary residential structure, the property owner may apply to the city for permission to extend the time that a portable temporary storage unit may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the Development Services office, and shall give sufficient information to determine whether such extended duration should be granted. The Building Official shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Building Official, the applicant may appeal such decision to the Board of Adjustment.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.3.4 LOCATION.

(1) 
Portable temporary storage units are prohibited from being placed on a public street, road, alley, sidewalk or right-of-way.
(2) 
The unit shall be placed only on a hard-surfaced driveway or parking area, and the required number of parking spaces in each single family zoning district shall at all times be maintained.
(3) 
Such unit shall not exceed eight feet six inches in height, ten feet in width, or 20 feet in length.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.3.5 NUMBER OF UNITS.

No more than one portable temporary storage unit may be located on a residentially zoned property at one time. In the case of a two-family or multifamily dwelling no more than one unit per address shall be permitted.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.3.6 USE AND MAINTENANCE.

(1) 
No portable temporary storage unit shall be used as a dwelling unit, or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the residential property where the unit is located (i.e. used for retail sales), or any illegal or hazardous material. Upon reasonable notice to the applicant, the city may inspect the contents of any portable temporary storage unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall a portable temporary storage unit be used for any of these purposes.
(2) 
The applicant, as well as the supplier, shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(3) 
All portable temporary storage units must be brought into compliance with this article by July 21, 2014.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.3.7 PENALTY.

Any person or entity violating any provision of this section shall be guilty of a misdemeanor and punished in the manner prescribed by Sec. 153.9.21.
(Ord. 2014-11, passed 8-25-2014; Am. Ord. 2019-03, sec. 1M, passed 4-29-19)

§ 153.5.4.1 DEFINITIONS.

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT.
The person that owns, rents, occupies, or controls the business property and obtains the required permit for a portable temporary storage unit.
SUPPLIER.
The company or vendor which supplies the temporary portable storage unit to the business property.
TEMPORARY PORTABLE STORAGE UNIT.
A transportable unit designed and used primarily for temporary storage of building materials, household goods, and other such materials for use on a limited basis on business property. Job trailers sited in conjunction with a building project shall not be regulated by this appendix.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.4.2 PERMIT REQUIRED.

(1) 
Prior to, or within 48 hours following the initial delivery of the portable temporary storage unit, the applicant or the supplier shall apply for a permit in the Development Services office.
(2) 
The permit shall be obtained by:
(a) 
Completing the temporary portable storage unit permit application;
(b) 
Presenting an active permit for that property if the portable on-demand storage unit is to be used for the storage of building materials;
(c) 
Payment of a permit fee as established in the fee schedule set forth in this code; and
(d) 
Obtaining written approval of the permit by the Building Official or designee.
(3) 
The application shall contain the name of the applicant to whom the portable temporary storage unit is supplied, whether the person owns, rents, occupies, or controls the property; the address at which the unit will be placed; the delivery date and removal date; active building permit number, if applicable; and a sketch depicting the location and placement of the unit. The permit shall be displayed and viewable from the public right-of-way.
(4) 
The effective date of the permit shall be the date of the Building Official’s or designee’s signature.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.4.3 DURATION.

(1) 
Permits shall be granted for a period of 30 consecutive days including the days of delivery and removal. No more than two permits shall be issued within any 12-month period, and a minimum of 15 days shall elapse between the end of one permit period and the beginning of another.
(2) 
In the event of fire, tornado, or natural disaster, or other extraordinary event causing substantial damage to the primary business structure, the property owner may apply to the city for permission to extend the time that a portable temporary storage unit may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the Development Services office, and shall give sufficient information to determine whether such extended duration should be granted. The Building Official shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Building Official, the applicant may appeal such decision to the Board of Adjustment.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.4.4 LOCATION.

(1) 
Portable temporary storage units are prohibited from being placed on a public street, road, alley, sidewalk or right-of-way.
(2) 
The unit shall be placed only on a hard-surfaced driveway or parking area, and the required number of parking spaces in each business zoned district shall at all times be maintained.
(3) 
Such unit shall not exceed eight feet six inches in height, ten feet in width, or 20 feet in length.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.4.5 NUMBER OF UNITS.

No more than one portable temporary storage unit may be located on a business zoned property at one time. In the case of a two-family or multifamily dwelling no more than one unit per address shall be permitted.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.4.6 USE AND MAINTENANCE.

(1) 
No portable temporary storage unit shall be used as a dwelling unit, or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than at the business property where the unit is located (i.e. used for retail sales), or any illegal or hazardous material. Upon reasonable notice to the applicant, the city may inspect the contents of any portable temporary storage unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall a portable temporary storage unit be used for any of these purposes.
(2) 
The applicant, as well as the supplier, shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(3) 
All portable temporary storage units must be brought into compliance with this appendix by July 21, 2014.
(Ord. 2014-11, passed 8-25-2014)

§ 153.5.4.7 PENALTY.

Any person or entity violating any provision of this section shall be guilty of a misdemeanor and punished in the manner prescribed by Sec. 153.9.21.
(Ord. 2014-11, passed 8-25-2014; Am. Ord. 2019-03, sec. 1M, passed 4-29-19)