Data describing all processes and activities involved with the proposed use;

Boundaries of the area covered by the site plan;

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;

The location of existing drainageways, and significant natural features;

Proposed landscaping and screening buffers;

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;

The location, height and type of each wall, fence, and all other types of screening;

The location, height and size of all proposed signs.

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;

That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;

That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

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;

That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;

That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; and

That the proposed use is in accordance with the comprehensive plan.

The specific use permit was obtained or extended by fraud or deception; or

That one or more of the conditions imposed by the permit has not been met or has been violated.

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.

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.

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.

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.

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.

General requirements:

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:

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.

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.

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:

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.

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.

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.

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.

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.

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:

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:

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:

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.

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.

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:

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:

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:

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.

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:

Signs in PUD Districts.

Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts.

The city shall not issue permits for the construction of new billboards except under the following conditions:

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.

Except for digital billboards as provided herein, billboards may be illuminated only by indirect lighting subject to the following conditions:

Billboards shall not revolve or rotate or otherwise move in any manner.

Roof-mounted billboards are prohibited.

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.

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.

Signs on mounted on or applied to trucks, buses, or passenger vehicles which are used in the normal conduct of business.

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.

Window signs hung on the inside of the window or painted on the window glass.

Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height.

Signs in the PD, Port Development District, and the CBD, Central Business District.

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.

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.

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.

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).

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.

One additional temporary sign not greater than sixty (60) square feet in area and five (5) feet in height.

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.

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.

All buildings and structures shall be set back not less than ten (10) feet from any peripheral property line or street right-of-way.

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.

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.

A nonconforming use may be changed only to a use permitted in a more restricted zoning district or to a conforming use.

Whenever a lawful nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.

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.

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.

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.

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.

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.

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.

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.

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.

A conforming building shall not be changed to a use which would result in the building becoming nonconforming.

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.

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.

The date, scale, north arrow and names and address and phone numbers of each property owner and person preparing the plans.

The footprint of all existing and proposed structures.

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.

A schedule identifying name, size, number, and location of all landscape elements.

Name, location and size of existing trees, and type and location of other vegetation proposed to remain for credit purposes.

The size and location of the parking lot and the number of spaces, and how the owner proposes to address the interior landscaping requirement.

Such other information as may be reasonably necessary to administer and enforce the provisions of this ordinance.

Drawn at a scale of one (1) inch equals fifty (50) feet or greater.

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.

An irrigation system shall be installed and operational prior to issuance of a certificate of occupancy or final building inspection.

State law requires installation by licensed irrigators.

Irrigation systems shall be maintained in good and operating condition.

For buildings three thousand (3,000) square feet or less, hose bibs may be used for irrigation purposes.

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.

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.

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.

In lieu of the fence, a thirty-foot-wide landscape planted buffer for the purpose of screening, may be provided along the property line.

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.

The provisions of this perimeter landscaping and screening shall not apply where districts are separated by a public street.

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.

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.

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.

Credit may be received for preservation of existing trees as follows:

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.

All landscaping shall be installed in accordance with accepted standards of the Texas Nurseryman’s Manual.

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.

The owner and/or tenant shall be responsible for installing and maintaining all landscaping according to standard horticultural practices.

All landscaping shall be maintained in a healthy, neat, and orderly condition.

No trees may be located within ten (10) feet of a fire hydrant.

No trees may be topped if the limbs are three (3) inches in diameter or greater.

Required three-foot hedges shall be maintained at a minimum of three (3) feet in height.

Dead, dying or damaged landscaping material shall be immediately replaced in conformance herein.

Irrigation systems must be in good and operating condition.

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.

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.

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.

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.

The following noise standards, unless otherwise specifically indicated, shall apply to all property within the city:

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.

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.

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.

The magnitude of the nuisance caused by the violation;

The uses of property within the area of impingement by the violation;

The time factors related to study, design, financing and construction of remedial work;

The economic factors related to age and useful life of the equipment;

The general public interest, welfare and safety;

Cluster housing developments shall meet each of the following conditions:

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.

Exception for private recreation facilities under subsection (8) below.

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.

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.

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.

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.

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.

Automobile repairing, painting, upholstering, and body and fender work shall be performed only under the following conditions:

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.

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.

Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions:

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.

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.

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.

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.

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.

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:

Compliance with the following conditions is required:

The storage of plastic and rubber material within the city limits shall meet the following conditions:

Garage sales are a permitted use in all the residential zoning districts provided the following conditions are complied with:

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.

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.

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.

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.

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:

Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks.

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.

Eighteen (18) wheeler trailers, also known as shipping containers, shall not be used as storage units except in the LI and HI Districts.

Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H Districts.

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.

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.

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.

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.

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.

An application for a short-term rental permit shall be submitted to the Planning and Community Development Department.

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.

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.

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.

An STR permit is not transferable to another owner, operator, or location.

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.

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.

Short-term rental guests shall be responsible for informing their occupants of all relevant City codes and the occupants' liability for violation of same.

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.

All short-term rentals shall be equipped with fire extinguishers, smoke detectors, and carbon monoxide detectors as required by all applicable laws.

Each sleeping area must include at a minimum shared use of a full bathroom.

Every sleeping area shall have at least one operable emergency escape and rescue opening as required by all applicable laws.

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.

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.

A short-term rental in operation shall not be located within 300' from an existing short-term rental. The measurement of the distance between short-term rentals shall be determined by measurements made in a straight line, without regard to intervening structures or objects, from the nearest point on the applicant's property line to the nearest point of any existing short-term rental property line. Short-term rentals in existence at the time of adoption of this section shall otherwise be governed by section 28.04.005 of the City of Beaumont Code of Ordinances.

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.

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.

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.

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.

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.

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.

This is a strict liability offense in which no mental state is required.