Crockett City Zoning Code

Upon and after the effective date of this ordinance, the following performance standards apply:

A.

Environmental compatibility.

1.

Any use established or changed to and any building, structure, or tract of land that is developed, constructed or used for, any permitted, primary or secondary land use must not produce any noise, vibrations, air pollution or odor that would substantially and reasonably interfere with another person's use and enjoyment of his/her property.

2.

All federal and state pollution, noise, and requirements for toxic waste disposal shall be observed.

3.

The indoor/outdoor storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Crockett Fire Code or are approved by the fire chief.

4.

The following uses are specifically prohibited:

a.

Manufacturing of explosives;

b.

Dead animal reduction, dumping or the distillation of bones or fat rendering; and

c.

Ore smelting.

B.

Land use district standards relating to lot size, open space, front yard determination, and height.

The following standards supplement the minimum standards by zoning district shown in the land use district standards table in section 201.10.

1.

The minimum yards and other open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of the passage of this ordinance, or for any building herein erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this ordinance. Any division of a lot/parcel must be approved by the planning and zoning commission to ensure district standards continue to be met.

2.

The following is to be used in determining which boundary is the front yard for lots with double or multiple street frontages:

a.

When a lot has double frontage, the street with the heavier traffic load and the larger right-of-way width is the boundary of the front yard. The rear yard must be a minimum of twenty (20) feet.

b.

When a lot faces three (3) or four (4) streets, the street with the heaviest traffic load and the largest right-of-way width is the boundary of the front yard. All other yards facing a street must be a minimum of twenty (20) feet.

3.

The maximum height regulations for each district do not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers, and spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flag poles or similar structures not made for occupation.

C.

Number of buildings per lot and existing garage to apartment conversion.

1.

Only one (1) primary residential structure per lot is allowed except in an apartment complex. A barndominium, a duplex, or a manufactured home is considered to be a primary residential structure. A tiny home is either a primary residential structure complying with section 316 or an accessory dwelling unit complying with section 312. Only one (1) accessory dwelling unit complying with section 312 is allowed per lot.

2.

The conversion of an existing garage into a garage apartment is allowed by specific use permit in R-2 districts and by right in R-3 districts. Lots on which a garage is to be converted into a dwelling must meet the minimum lot size and setback requirements for a duplex. The construction of a new structure to be placed on a lot as a garage apartment is not allowed.

3.

For non-residential development, more than one (1) building may be placed on a lot provided that the lot coverage restrictions of each zoning district are met. The minimum separation between buildings is ten (10) feet unless otherwise specified in the Standard Building Code.

D.

Design standards for detached single-family and two-family (duplex) dwellings. The purpose of the following design standards is to help ensure that permitted barndominiums and tiny homes do not have a negative impact on neighborhoods by having an appearance of a storage building or fortress or a box-like appearance. Because some barndominiums and tiny homes might be modular homes and state law does not allow a municipality to adopt a regulation that is more restrictive for industrialized housing than that required for a new single-family or duplex dwelling constructed on-site, the design standards apply to all newly built or installed detached single-family and two-family dwellings except for a manufactured home with a living space greater than nine hundred (900) square feet (V.T.C.A. Occupations Code, § 1202.253(e)).

1.

Masonry, wood, glass, or a decorative material equivalent to such standard, a minimum of three feet (3') high from ground level on all facades that are visible from a public street.

2.

At least five (5) different design features to break the front wall plane. Design features may include the façade required by paragraph D.1, horizontal off-sets, recesses or projections, porches, breezeways, porte-cocheres, courtyards, awnings, canopies, alcoves, recessed entries, ornamental cornices, display or other ornamental windows, vertical "elevation" off-sets, peaked roof forms, arches, outdoor patios, architectural details such as tile work or moldings integrated into the façade, integrated planters or wing walls, accent materials, varied roof heights, premium roof materials such as tile or standing seam metal, or similar design features approved by the city's building official.

3.

A minimum of ten (10) percent of the front façade must consist of window or door openings.

4.

The front door of the dwelling must face a public or private street unless a variance is granted to allow a different directional orientation of the dwelling.

5.

Must have an acceptable hard surface driveway providing access to a public or private street.

6.

A garage or carport must cover a paved parking area or other materials allowed for a driveway and be connected to a street by an allowed driveway, meet the minimum building setback requirements, and have roof and siding material compatible with the primary dwelling.

7.

No two (2) dwellings side by side or directly across the street or "caddy corner" across the street in a residential development may have the same front elevation (how the front exterior of a home looks from the middle of the front yard or sidewalk).

(Ord. No. O-5B-86, § 1, 5-19-86; Ord. No. O-02-26, § VI, 2-2-26)

No permit for the erection, alteration or enlargement of any building shall be issued unless there first be filed in the building inspector's office by the applicant a plan, drawn to scale, and in such form as may be prescribed by the city administrator, correctly showing the location and actual dimensions of the lot to be occupied and the dimensions and locations, on the lot of the building to be erected, altered or enlarged. This application should state that the information on it is true and correct and be signed by the applicant. This plan shall show the use for which the building is arranged, intended or designed, and furnish such other information as may be required in the enforcement of the provisions of this ordinance. Any failure to comply with the provisions of this ordinance shall be good cause for the revocation of any such building permit by the city. A record of such applications and plats shall be kept in the office of the city administrator.

A.

Definitions.

1.

Applicant: The individual seeking a specific use permit under the provisions of this section of the ordinance.

2.

Specific use: A land use activity permitted within a zoning district on the basis of specific criteria and approval by the city council.

3.

Specific use permit: An authorized document issued by the city council upon recommendation of the planning and zoning commission in association with its approval of a specific use.

4.

Project plan: Drawings and related information illustrating and describing the proposed land use activity for which the specific use permit is sought.

B.

Conditions.

1.

The planning and zoning commission will, after a review of the project plan and a public hearing, recommend approval or disapproval for specific parcels of land the issuance of a specific use permit in accordance with the specific use schedules in those districts where it is indicated that a specific use permit for a specific use may be approved.

2.

The city council may, after a recommendation by the planning and zoning commission, authorize the issuance of a specific use permit in accordance with the specific use schedules in those districts where it is indicated that a specific use permit for a specific use may be approved.

3.

The designation of a specific use on the specific use schedule in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be evaluated as to its probable effects on adjacent property and the community welfare and may be approved or denied as the findings indicate.

4.

Any of the imposed conditions shall not be construed as a change in zoning of such property, but shall be construed as conditions of precedent to the granting of the certificate of occupancy.

C.

Criteria for specific use permits. The following criteria will be used as the basis upon which a decision to approve a specific use permit is made:

1.

Will the proposed use adversely affect the character and appropriate use of the area or neighborhood in which it would be located?

2.

Will the proposed use substantially depreciate the value of adjacent and nearby properties for use in accordance with regulations of the zoning district in which they are located?

3.

Will the proposed use be in keeping with the spirit and intent of this ordinance?

4.

How will the proposed use affect the traffic circulation of the district in which it is proposed?

5.

How will the proposed use affect the public utilities of the district in which it is proposed?

6.

How will the proposed use affect the health, safety and general welfare of the community?

D.

Specific use permit procedure.

1.

An applicant must contact the code enforcement officer for an initial feasibility review discussion. The officer must provide the applicant with an appropriate application form and all necessary information for the applicant to proceed.

2.

a.

The applicant must file an application form with the officer, at which time a fee of one hundred dollars ($100.00) shall be paid. The application form must be supplemented with a blueline or blackline print of the project plan, supportive materials and a legal description of the site for which the specific use permit is sought.

b.

If work is started prior to obtaining the permit, the fees specified in this section shall be doubled. Payment of the fee shall not relieve any person from fully complying with the requirements of the Crockett Code in the execution of the work or from any other penalties prescribed in the Crockett Code.

3.

The planning and zoning commission and the city council will hold a public hearing on the proposed project. The hearing must follow the procedure outlined in section 603 of this appendix A, zoning of the Crockett Code.

4.

In submitting its recommendation, the planning and zoning commission must clearly indicate each reason in support of its recommendation for approval or denial of the application.

5.

The planning and zoning commission may recommend and the city council may, in the interest of the public welfare and to assure compliance with the intent of this section, require such developmental standards as are deemed to be important to the welfare of the applicant, the protection of adjacent property and protection of the community as a whole.

6.

Where the city council approves the issuance of a specific use permit, the conditions imposed must be cited on the project plan, and a copy of that plan must be permanently filed in the office of the city secretary.

7.

The city council must approve a specific use permit by three-fourths majority of the city council if the proposed specific use is objected to in writing and signed by the owners of at least twenty (20) percent of either:

a.

The area of the lots or land covered by the proposed change; or

b.

In a zone other that C-3, the area of the lots or land immediately adjoining the area covered by the proposed change and extending three hundred (300) feet from that area.

c.

In a C-3 zone, the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.

8.

In computing the percentage of land area under subsection 7, the area of streets and alleys shall be included.

F.

Indications on zoning map. The location and type of the specific use permits granted by the city council shall be indicated on the zoning district map.

G.

Compliance. Failure of a permittee to honor and abide by the terms of the grant of a specific use permit constitutes immediate and automatic termination of the permit. The code enforcement officer will notify a permittee of such a termination and within thirty (30) days of such notification the holder of the voided permit must terminate all land use activities relating to the permit. Thereafter, the site may be used only for activities defined as uses permitted by right within the appropriate zoning district.

H.

Lapse of specific use permit.

1.

If no construction has begun or no used established for which the specific use permit has been granted within one hundred twenty (120) days from the date of approval by the city council such specific use permit will lapse and be of no other effect. In its discretion, and for good cause, city council may, after receipt of a recommendation from the planning and zoning commission, extend for an additional one hundred twenty (120) days the period for the beginning of construction or the establishment of a use. If the specific use permit lapses under the provisions of this section, the city secretary shall remove the specific use permit indication from the zoning district map and shall file a notice of revocation in the applicant's permit file.

2.

If the use for which a specific use permit was issued is discontinued and not resumed within ninety (90) days from the last day in which the use existed, the specific use permit will lapse and be of no other effect.

I.

Reserved.

(Ord. No. O-5B-86, § 1, 5-19-86; Ord. No. O-09D-10, § I, 9-7-10; Ord. No. O-12-18, § I, 12-3-18; Ord. No. O-06G-19, § 10, 6-17-19; Ord. No. O-06B-22, § I, 6-6-22; Ord. No. O-02-26, § VII, 2-2-26)

A.

Description. A planned unit development or "PUD" is a residential design incorporating the concepts of density transfer and common open space. ¹ When a residential tract receives PUD status it continues to retain its standard zoning district classification. ² However, the added PUD designation enable the land developer to modify the yard and setback requirements. In many instances the creative use of the PUD concept facilitates residential neighborhood designs which are more interesting, visually pleasing and socially integratable than the standard single-family lot arrangement.

Supplemental Notes:

¹  See example 2 in section 104 of this ordinance.

²  For example, an area that has been zoned R-1 single-family residential does not lose that district classification because a part of it receives PUD designation. A PUD symbol of the letters "PUD" are placed in the appropriate site on the zoning map to denote that a subdivision plat has been received for this parcel of land which utilizes the density transfer concept.

B.

Purpose. The purpose of the development of a PUD is:

1.

To encourage a more efficient use of land.

2.

To make changes in the technology of land development so that the resulting economic situation will be to the benefit of those who will be moving into the area.

3.

To lessen the burden of traffic on streets and highways.

4.

To provide common open space for the utilization of neighborhood residents.

5.

To encourage residential design that results in smaller networks of utilities and streets.

6.

To provide a procedure that will relate the type, design, and layout of residential development to the respective site and the particular demand for housing in a manner consistent with the preservation of property values within developed areas of the city.

7.

To provide a more desirable environment than would be possible through a strict application of other sections of this ordinance.

C.

Definitions.

1.

Common open space: A parcel or parcels of land or an area of water or a combination of land and water within the proposed site designed for the enjoyment of the residents. Common open space may contain complimentary structures and improvements as are necessary and appropriate for the benefit of the residents.

2.

Landowner: The legal or beneficial owner of all land proposed to be included in a PUD including the possessor of an option or contract to purchase or other persons having an enforceable proprietary interest in such land.

3.

PUD plan: The provisions for development of a planned unit development, including drawings that serve as a plat, all covenants relating to use, location and bulk of buildings, intensity of use or density of development, private streets, ways and parking facilities.

4.

Planned unit development (PUD): An area of land with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential land use activities.

5.

PUD designation: A graphic notation evidencing that an area is to be developed as a planned unit development.

D.

PUD location. A planned unit development may only be located within an AR, R-1, R-2, or R-3 zoning district and only after the site in question has received PUD designation.

E.

Minimum PUD size. A parcel of land may not be designated for PUD use unless that parcel contains at least four (4) acres. In calculating the minimum area required, the measurements may include the area of all streets located entirely within the site and one-half of the area of boundary streets.

F.

Conditions.

1.

The planning and zoning commission shall, after a review of the project plan and a public hearing, recommend that the city council approve or disapprove the designation of an area as a PUD.

2.

The city council may, after a recommendation is made by the planning and zoning commission and after holding a public hearing, authorize an area of land to be designated as a PUD.

G.

PUD designation procedures.

1.

Submission of preliminary PUD plan. An applicant for PUD designation and PUD plan approval must file an application form with the code enforcement officer at which time a fee of fifty dollars ($50.00) shall be paid. The application form must be supplemented with a blueline or blackline print of the preliminary plan, supportive materials and a legal description of the site for which the PUD designation is requested.

2.

Contents of preliminary PUD plan. The following information must be shown on the preliminary plan:

a.

The name of the owner of the land and his engineer.

b.

The date the project is submitted to the planning and zoning commission.

c.

The name of the proposed project.

d.

A key map.

e.

Topography and a plan for final grading of the site.

f.

All existing streets, drives, buildings, and watercourses.

g.

The location and size of existing utilities within or adjacent to the proposed site.

h.

The proposed location, type and size of the following:

(1)

Buildings and structures.

(2)

Streets, drives and curbs.

(3)

Off-street parking areas with parking spaces individually drawn and the number of spaces notated.

(4)

Sidewalks.

(5)

Landscaping.

(6)

Common open space sites.

(7)

Sites for solid waste containers.

(8)

Signs.

i.

The total number of dwelling units and nondwelling units to be constructed on the site.

j.

The density of dwelling units per gross acre as evidenced by the proposed project.

The planning and zoning commission and the city council are empowered to require additional information necessary for a complete understanding of the proposed PUD project.

2.

Submission of final PUD plan. After a PUD preliminary plan has been approved and a PUD designation has been granted for a parcel of land, the applicant must submit a PUD final plan to the planning and zoning commission. The PUD final plan must be approved before a building permit may be issued or before any development action on a designated PUD site may begin. The PUD final plan must include all of the information in subsections G.2.a. through j. above and must also include any additional specifications, covenants, easements, conditions, bonds, or other information required by the commission. The filing of this plat shall follow the procedure set up in the Crockett subdivision ordinance.

H.

Standards for PUD development. All development within a PUD must conform to the following minimum standards:

1.

Intensity of land use.

a.

The gross density within a designated PUD site remains the same as that which would be permitted if the area were developed in accordance with the regulations of the zoning district for the type of residential dwelling unit proposed. Within the PUD site, the permitted number of dwelling units may be reallocated in accordance with the concepts of density transfer.

(1)

A site may not contain more than one (1) dwelling unit for every two (2) acres of land area in an AR district.

(2)

A site may not contain more than seven and twenty-six hundredths (7.26) dwelling units per gross acre of land area in an R-1 district.

(3)

A site may not contain more than eleven and sixty-two hundredths (11.62) dwelling units per gross acre of land in an R-2 district.

(4)

A site may not contain more than fifteen (15) dwelling units per gross acre of land in an R-3 district.

2.

Lot area and yard requirements. Within a PUD site, lot sizes, dimensions, and locations will be freely arranged in conformity to the overall density standards shown in subsection H.1 and to the approved PUD plan. Minimum lot size, yard, and coverage requirements are not specified although the planning and zoning commission may be guided by the regulations of the applicable zoning district in its approval of the PUD plan.

3.

Common open space. Common open space such as parks, recreation areas, or playgrounds must be provided in a PUD and must constitute not less than twenty (20) percent of the gross acreage of the site. The improvement and maintenance of common open space areas are subject to the following regulations:

a.

The City of Crockett may at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance.

b.

The city may require the PUD developer to create a homeowner's association to act as the owner and maintenance agency for common open space areas. A homeowner's association may not be dissolved or permitted to dispose of any common open space by sale, lease or grant, without first offering to dedicate the site in question to the city.

c.

In the event that a homeowner's association fails to maintain that common open space or fails to fulfill other conditions precedent to PUD approval, the city may serve written notice to the association, setting forth the manner in which the association has failed to fulfill the obligation. Such a notice must include a demand that the deficiencies be cured within a specified period of time. If the deficiencies are not cured within the specified time period, the city, in order to preserve the taxable values of the properties in both the PUD and in the surrounding neighborhood, and to prevent the common open space from becoming a public nuisance, may enter upon the common open space, may maintain it, and may perform other related duties associated with the association until such time as the association again resumes its obligations. All costs incurred by the city in carrying out the obligations of the homeowner's association may be assessed against the properties within the PUD and become a tax lien on those same properties.

I.

PUD designation remains with parcel of land until land is replatted. The PUD designation remains with the parcel of land designated as a PUD and for which a PUD final plan has been approved and filed with the county clerk until such time that the parcel of land is replatted.

A.

Screening between commercial or industrial land and residential land required. Where there is a common side or rear lot line or lot lines between developed residential land and land to be developed to a commercial or industrial use, the owner of said commercial or industrial land shall erect a fence that properly screens adjacent residential lots from adverse influences such as noise, vehicular lights, trespass and other adverse influences as part of the normal operation of buildings dedicated to said nonresidential usage.

B.

Screening between single-family residential and apartment uses. Where there is a common side or rear lot line or lot lines between developed single-family residential land and land to be developed into apartment usage, the owner of the apartment land shall erect a fence that will properly screen adjacent single-family residential land from adverse influences such as noise, vehicular lights, trespass, and other adverse influences as part of the normal operation of the apartment project.

C.

Screening around manufactured home parks and recreational vehicle parks/campgrounds. Where there is a common side or rear lot line between a manufactured home park or a recreational vehicle park/campground with any other land, the owner of the park/campground shall erect a fence that completely screens/obstructs the view of the park/campground from the adjacent property.

D.

Screening material. Such screening shall be made of brick or wood, shall be at least six (6) feet in height, and shall form a solid and continuous screen between the residential and nonresidential land uses. In the case of rear lot lines such screening fence shall be continued from one (1) side lot line along the rear lot line to the other side lot line. In the case of side lot lines, such screening fence shall be continued from the rear lot line along the side lot line to the front setback but no farther than a point fifteen (15) feet from the street right-of-way line. Each such screening fence shall be maintained in good condition by the owner of said commercial, industrial or apartment project, for as long a time period as may be needed to protect adjacent residential land uses.

(Ord. No. O-02-26, § VIII, 2-2-26)

Temporary buildings, equipment, and recreational vehicle housing for uses incidental to construction and/or extensive cleanup work on premises are allowed in any zoning district in compliance with the following regulations:

A.

Temporary construction site building. A commercial structure that is not open to the public, contains no living quarters, and is only for incidental use relating to the construction on the commercial premises may be temporarily located on the affected commercial property after issuance of a building permit if it is located within the property's setbacks. Such a building shall be removed within ten (10) days following the final inspection of the construction permit by the city or upon the building permit becoming invalid due to failure to commence construction, abandonment of the construction, or any other reason. Additional temporary construction-office buildings and outdoor storage trailers may be allowed on the property with the approval of the building official.

B.

Temporary warehousing or indoor storage structure. A temporary structure may be used as a warehousing or indoor storage area if it is located within the same property's setbacks, contains no living quarters, and provides for only incidental use relating to the construction on the premises or clean-up of premises after a fire, natural disaster, or similar event. Such structure shall be removed within ten (10) days following the final inspection of the construction activity by the city or upon the building permit becoming invalid due to failure to commence construction, abandonment of the construction, or any other reason, or upon the closure of the clean-up activities. Additional temporary structures may be allowed in a non-residential zoning district with the approval of the building official.

C.

Temporary recreational vehicle housing. Upon the building official's written approval, a recreational vehicle may be used for temporary housing in certain situations, including but not limited to, while building a house or while working on a construction project after a building permit has been issued or after a documented and verified medical emergency of an immediate family member or natural disaster. The recreational vehicle must be located within the same property's setbacks and behind the primary structure if a primary structure exists on the property and there is adequate room to park the vehicle behind the primary structure. The maximum period of occupation is ninety (90) calendar days. The building official may, on a case-by-case basis, extend this ninety-day period for a maximum of ninety (90) additional days. Failure of the owner or occupant to comply with the temporary permit may cause the building official to revoke the permit and city utilities to the recreational vehicle to be disconnected. At no other time or under any other circumstances may a recreational vehicle be used for housing for any period, including overnight, other than as allowed within a permitted recreational vehicle camping area.

(Ord. No. O-02-26, § VIII, 2-2-26)

The following restrictions shall apply to bed and breakfast facilities:

1.

A bed and breakfast facility is defined as an owner-occupied private home which offers lodging for paying guests and which serves breakfast to these guests and which conducts other operations not inconsistent with the spirit and intent of this ordinance;

2.

The maximum number of bedrooms which may be rented is five (5) unless the city council specifically finds that the structure and tract on which it is located is of sufficient size to permit more bedrooms and that the same will not adversely impact the surrounding properties;

3.

One (1) attached sign shall be permitted on the premises. Such sign shall not exceed four (4) square feet in area and shall not include the words hotel or motel, and the sign shall not be lighted;

4.

All such facilities shall be responsible for the collection of the city hotel/motel tax;

5.

All city-county health officers, building inspectors, the fire marshal and his assistants and other code enforcement officials of the city shall have the right to go on any premises for which a specific use permit for a bed and breakfast facility has been issued during normal hours for the purpose of verifying compliance with this ordinance and all other applicable ordinances of the city;

6.

Off-street parking shall be provided at a ratio of one (1) space to each bedroom in the residence;

7.

The off-street parking area shall be screened by a solid six-foot fence or by dense bushes or shrubbery;

8.

No alterations or modifications shall be made to the exterior of a building to alter the appearance of the building as a residence;

9.

The maximum length of stay for any guest shall be fourteen (14) consecutive days at any one (1) time;

10.

Breakfast shall be the only meal served, and it shall be served only to paying, overnight guests. No cooking facilities of any nature shall be permitted in any of the bedrooms; and

11.

In a residential district, no new structures or annexes shall be built for the purposes of housing bed and breakfast facilities.

(Ord. No. O-4A-88, § 2, 4-18-88)

Editor's note— Section 2 of Ord. No. O-4A-88, adopted April 18, 1988, did not specifically amend the zoning ordinance; therefore, said section has been added herein as § 307 by the editor.

A.

Intent. To permit the operation of a "no-impact home-based business" that is compatible with the residential use of the property where the business is located without requiring a license, permit, or other approval from the city or a change in the zoning district to a non-residential district (V.T.C.A. Local Government Code, § 229.902, as added by HB 2464, 89 ^th Legislature).

B.

Definitions.

1.

Business: Has the meaning assigned by V.T.C.A. Business Organizations Code, § 1.002 (a trade, occupation, profession, or other commercial activity).

2.

Home-based business: Means a business that is operated:

a.

From a residential property;

b.

By the owner or tenant of the property; and

c.

For the purpose of manufacturing, providing, or selling a lawful good or providing a lawful service.

C.

Criteria to be classified as a no-impact home-based business. To be classified as a no-impact home-based business, the home-based business must meet the following criteria:

1.

Not have at any time on the property where the business is located a total number of employees and clients or patrons of the business that exceeds the city's occupancy limit for the property;

2.

Not generate on-street parking or a substantial increase in traffic through the area;

3.

Not operate in a manner in which any of its activities are visible from a street (activities include any advertising or marketing activities such as a business sign that is visible from a street);

4.

Not substantially increase noise in the area or violate the city's noise ordinance, regulation, or rule;

5.

Be in compliance with federal, state, and local law, including:

a.

The city's fire and building code; and

b.

The city's regulations relating to:

(1)

Health and sanitation;

(2)

Transportation or traffic control;

(3)

Solid or hazardous waste; or

(4)

Pollution and noise control.

6.

Be compatible with the residential use of the property where the business is located as determined by the city's code enforcement officer;

7.

Be secondary to the use of the property as a residential dwelling or share a property line with a property that is:

a.

Owned by the same owner as the property where the business is located; and

b.

Has a residential dwelling as the primary use; and

8.

Not be a home-based business that:

a.

Sells alcohol or illegal drugs;

b.

Is a structured sober living home; or

c.

Is a sexually oriented business as defined by V.T.C.A. Local Government Code, § 243.002.

D.

Limitations on regulating a no-impact home-based business.

1.

The city may not:

a.

Prohibit the operation of a home-based business that meets the criteria to be established as a no-impact home-based business; or

b.

Require a person that operates a no-impact home-based business or that owns the property where the business is operated to:

(1)

Obtain a license, permit, or other approval to operate the business; or

(2)

To rezone the property for non-residential use; or

(3)

Install a fire sprinkler protection system if the residence where the business is operated consists only of a detached single-family structure or a two-family residential structure (i.e., duplex).

2.

This section does not prohibit:

a.

A person from enforcing a rule or deed restriction imposed by a homeowners' association or by other private agreement; or

b.

The city from adopting or enforcing an ordinance regulating the operation of a short-term rental unit.

3.

The criteria for a no-impact home-based business does not relate to commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories, including the distribution or manufacture of same. The city may not adopt or enforce regulations that relate to such commerce.

(Ord. No. O-10B-25, § I, 10-6-25)

Charter reference— Limitations on regulating a no-impact home-based business, Charter, Art. III, § 3.13.

State Law reference— V.T.C.A. Local Government Code, § 229.001.

Garage sales are permitted without special permits provided they meet the following standards:

A.

Sales must not last longer than three (3) days.

B.

Sales must not be held more than twice a year.

C.

Sales must be conducted on the owner's property. Multiple-family sales are permitted if they are held on the property of one of the participants.

D.

No goods purchased for resale may be offered for sale.

E.

No consignment goods may be offered for sale.

F.

All directional and advertising signs shall be freestanding and removed after completion of the sale.

G.

All directional and advertising signs placed on private property shall have the owner's permission.

H.

No directional or advertising signs may be larger than two (2) feet by three (3) feet.

(Ord. No. O-10B-25, § I, 10-6-25)

Editor's note— Ord. No. O-10B-25, § I, adopted Oct. 6, 2025, deleted the former § 308, and enacted new §§ 308—308.2 as set out herein. The former § 308 was entitled "Home occupations," and derived from Ord. No. O-4-99, § 7, adopted April 5, 1999.

A.

The terms "coin operated machine," "music coin-operated machine," and "skill or pleasure coin-operated machine" are as defined in V.T.C.A. Occupations Code, Ch. 2153.

B.

For purposes of zoning, the city shall treat the exhibition of a music or skill or pleasure coin-operated machine in the same manner as the city treats the principal use of the property where the machine is exhibited.

C.

Notwithstanding the foregoing, no music or skill or pleasure coin-operated machine may be exhibited within three hundred (300) feet of a church, school or hospital.

(Ord. No. O-12B-04, § I, 12-6-04)

310.100. Purpose.

The purpose of this section is to establish regulations for the use of privately owned dwellings as short-term rentals, to minimize negative ancillary impact on surrounding properties, and to ensure the collection and payment of the hotel occupancy tax.

310.101. Definitions.

As used in this section, the following terms shall have the following meanings:

City. The City of Crockett, Texas.

Guest. The overnight occupant or occupants renting a short-term rental unit for a specified period and the daytime visitors of the overnight occupant.

Local contact person. The owner, operator, or person designated by the owner or the operator, who shall be available twenty-four (24) hours per day for the purpose of responding to concerns or requests for assistance related to the owner's short-term rental.

Operator. The owner or the owner's authorized representative who is responsible for compliance with this section while advertising or operating a short-term rental.

Owner. The person or entity that holds legal or equitable title to the short-term rental property.

Short-term rental. A privately owned dwelling, including, but not limited to, a single-family dwelling, multiple-family attached dwelling, apartment house, condominium, duplex, mobile home, or a portion of such dwelling, rented by the public for consideration, and used for dwelling, lodging or sleeping purposes for any period less than thirty (30) consecutive days.

The following are exempt from the regulations under this section: bed and breakfast, hotel, motel, dormitory, public or private club, recreational vehicle park, hospital or medical clinic, nursing home or convalescent home, foster home, halfway house, transitional housing facility, any housing operated or used exclusively for religious, charitable or educational purposes, and any housing owned by a governmental agency and used to house its employees or for governmental purposes.

Short-term rental permit. A permit issued by the city authorizing the use of a privately owned dwelling as a short-term rental.

Short-term rental unit. One (1) or more habitable rooms forming a single habitable division within a short-term rental, or an entire undivided short-term rental, which is advertised to be occupied, is occupied, or is intended to be occupied by a single party of guests under a single reservation or single rental payment.

310.102. Short-term rental permit required.

It shall be unlawful for any person or entity to rent, or offer to rent, any short-term rental without a valid short-term rental permit issued under this section.

310.103. Short-term rental permit registration fee and application.

A.

An applicant shall submit an application for a short-term rental permit using a format and method promulgated by the city administrator or his/her designee. The application form shall require, at a minimum, the following information from applicant:

1.

The name, address, email address and telephone number of the owner of the short-term rental;

2.

The name, address, email address and telephone number of the operator of the short-term rental;

3.

The name, address, email address and twenty-four-hour telephone number of the local contact person;

4.

The name and address of the short-term rental;

5.

The number of bedrooms and the proposed overnight and daytime occupancy limit of the short-term rental;

6.

A diagram showing the proposed layout of the property use and any on-site parking available for the short-term rental; and

7.

A general description of any food service to be offered to guests of the short-term rental.

B.

An applicant for a short-term rental permit shall pay to the city a permit fee of one hundred fifty dollars ($150.00).

C.

A separate short-term rental permit application and permit fee must be submitted for each individual short-term rental unit. Each individual short-term rental unit shall be assigned a unique permit number upon permit issuance by the city.

D.

Prior to issuance of a short-term rental permit, the operator shall allow an on-site inspection of the short-term rental unit by a city code enforcement officer, to ensure compliance with the following:

1.

The requirements set forth in section 310.104 of this section; and

2.

The requirements set forth in section 310.106 of this section.

E.

A short-term rental permit issued under this section shall be valid for a period of one (1) calendar year from the date of issuance, provided, however, the short-term rental permit shall expire immediately upon any change in ownership of the short-term rental unit.

F.

The owner has a duty to notify the city, in writing, within twenty (20) calendar days, of any changes to information submitted as part of the short-term rental permit application under this section.

G.

An application for short-term rental permit may be denied if the owner has had a short-term rental permit suspended or revoked during the previous three hundred sixty-five (365) calendar days.

310.104. Short-term rental operational requirements.

A.

The operator shall post the following information in a prominent location within the short-term rental unit, using a form promulgated by the city:

1.

The unique short-term rental permit number assigned to the short-term rental unit;

2.

Operator name and telephone number;

3.

Local contact person name and twenty-four-hour telephone number;

4.

The location of any on-site and off-site parking spaces available for guests;

5.

The overnight and daytime occupancy limits;

6.

Instructions to guests concerning disposal of garbage and handling of garbage containers;

7.

Notification that the guests are responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental, and that guests may be fined by the city for violations of this section; and

8.

Notification that all functions such as weddings, parties or other gatherings are prohibited at the short-term rental, except short-term rentals located in the C-3 zoning district.

B.

The operator shall operate a short-term rental in compliance with the following:

1.

Zoning regulations prescribed for the zoning district in which such short-term rental is located. Short-term rentals may be located only in AR, R-1, R-2, R-3 and C-3 zoning districts, as defined in appendix A of the Crockett Code.

2.

City of Crockett sign ordinance, as applicable, set forth in chapter 13 of the Crockett Code.

3.

Maximum occupancy limits prescribed by the city fire marshal, pursuant to the International Fire Code, as adopted in chapter 5 of the Crockett Code.

4.

City of Crockett hotel occupancy tax ordinance, set forth in chapter 18 of the Crockett Code.

5.

City of Crockett noise and sound level regulation ordinance, set forth in chapter 15 of the Crockett Code.

6.

City of Crockett garbage collection ordinance, set forth in chapter 10 of the Crockett Code.

7.

During any period when a short-term rental is occupied or intended to be occupied by guests, the local contact person shall be available twenty-four (24) hours per day for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of guests of the short-term rental. The local contact person shall respond within sixty (60) minutes of being notified of concerns or requests for assistance regarding the condition, operation, or conduct of guests of the short-term rental, and shall take immediate remedial action as needed to resolve such concerns or requests for assistance.

8.

No more than two (2) persons ages twelve (12) years or older per bedroom may occupy short-term rental unit.

9.

Functions such as weddings, parties or other gatherings are prohibited at short-term rentals, except for short-term rentals located in the C-3 zoning district.

C.

Any advertisement that promotes the availability of a short-term rental, listed in any medium, including, but not limited to, newspaper, magazine, brochure, website, or mobile application, shall include the current short-term rental permit number assigned by the city.

310.105. Notification of complaints.

Complaints related to the operation of a short-term rental, including, but not limited to, complaints concerning noise, garbage and parking, shall be reported to the code enforcement officer, unless the complaint is made outside normal business hours, in which event it shall be reported to the police department. Complaints related to disorderly conduct and other violations of the Texas Penal Code shall be reported to the police department.

310.106. Compliance with other law.

The owner, operator, local contact person and guests shall comply with all applicable laws, rules and regulations pertaining to the operation, use, and occupancy of a short-term rental. The owner shall not be relieved from any civil or criminal liability for a violation of this section, regardless of whether such violation is committed by the owner, operator, local contact person, or guest of the owner's short-term rental.

Nothing in this section shall be construed to relieve any person or owner of any other applicable requirements of federal, state, or local law, rules, or regulations. Nothing in this section shall be construed to provide any property owner with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's property as a short-term rental as defined in this section.

310.107. Compliance and penalty provision.

A.

It shall be unlawful for any person or entity to violate any provision of this section. Proof that a violation of this section occurred at a short-term rental shall create a rebuttable presumption that the owner of the short-term rental committed the violation.

B.

Any violation of this section is a Class C misdemeanor offense, and, upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00) per violation.

C.

Prosecution under this section shall not require the pleading or providing of any culpable mental state.

D.

Penalties provided for in this section are in addition to any other criminal or civil remedies that the city may pursue under federal, state, or local law.

310.108. Permit suspension or revocation; appeal.

Upon violation of this section, the city administrator may suspend or revoke any short-term rental permit issued for the same short-term rental where the violation occurred. The city administrator shall notify an owner of a suspension or revocation under this section in writing, delivered by certified mail, return receipt requested, and mailed to the address of the owner as set forth on the most recent short-term rental permit application submitted to the city.

An owner may appeal a notice of suspension or revocation under this section by filing a written appeal with the city administrator within ten (10) business days following the date the notice was deposited in the U.S. Mail. Following a timely filing of an appeal hereunder, the owner may present evidence to the city administrator related to the suspension or revocation under this section. Following the city administrator's final decision on appeal, the owner may appeal an adverse decision of the city administrator by filing a written appeal with the city council within five (5) business days following the date of the city administrator's final decision.

(Ord. No. O-06-22, § I, 6-6-22)

311.101. Purpose.

The purpose of this section is to establish regulations for accessory buildings to help ensure that such buildings do not substantially depreciate the value of adjacent and nearby residential properties and do not have a negative impact on the neighborhood's overall curbside appeal.

311.102. Requirements.

The following requirements are in addition to the city's applicable building code requirements:

A.

An accessory building is not permitted without a main/primary structure on the same site, lot, or tract.

B.

An accessory building must meet the area regulations of the zoning district in which the building is located (e.g., setbacks, height restrictions, maximum coverage).

C.

An accessory building must not reduce available off-street parking spaces to the extent that the property no longer meets the applicable off-street parking space requirements.

D.

An accessory building must be built toward the rear of the property when possible and to the side of the property when not possible; in no case shall the front of the accessory building be closer to the front property line than the primary building.

E.

An accessory building that is in front of or is siding a public street must meet the following requirements: Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures. If the walls are metal, the use of corrugated panels is prohibited; profile panels, deep ribbed panels and concealed facing systems are permitted. Exterior finish for metal walls that are fronting or siding a public street shall be of a permanent material such as baked or enamel finish or painted to the wall manufacture standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.

F.

Not more than three (3) metal accessory buildings are allowed on the same site, lot, or tract of land for use by a religious establishment or private school in a residential district.

(Ord. No. O-02-26, § IX, 2-2-26)

312.101. Purpose.

The purpose of this section is to establish criteria and regulations that would allow accessory dwelling units, also sometimes known as guest houses, to be built on properties large enough to accommodate an accessory dwelling unit without circumventing the corresponding zoning district's general description and land use standards.

312.102. Definition.

Accessory dwelling unit (ADU): A detached dwelling unit that is subordinate in size, location, and use to the principal dwelling unit located on the same property and is built in compliance with city Code and building permits issued by the city's building official. An ADU does not include a dwelling unit that can only be accessed through the primary dwelling or is open to the primary dwelling with no expectation of privacy and does not include a garage apartment.

312.103. General Provisions.

A.

An ADU is allowed by right in the AR district and by specific use in the R-2 and R-3 districts only when the primary dwelling is a detached single-family dwelling. The primary detached single-family dwelling must not be a manufactured home or a tiny home and must be built prior to or in conjunction with the ADU. Under no circumstances may the ADU be constructed prior to the primary dwelling. Only one (1) ADU is permitted on a lot or parcel, regardless of the size of the lot or parcel.

B.

An ADU must be a tiny home built in compliance with section 316 of this code, which includes the requirement of having a living space consisting of at least four hundred fifty (450) square feet and not more than nine hundred (900) square feet. The ADU may not be a barndominium, a repurposed structure originally designed as a storage building or other non-dwelling structure, or a manufactured home.

C.

An ADU must have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the primary single-family dwelling location on the same lot/parcel and must have a permanent foundation.

D.

The ADU shall be built in the rear yard of the property with a minimum of ten (10) feet between the primary dwelling and the ADU. The zoning district's setbacks and land use standards will apply to the ADU.

E.

An ADU must have a separate water and sewer tap from the primary dwelling unit. The cost of the separate taps shall be the same as a water or sewer tap for a primary single-family dwelling unit.

F.

An ADU requires one (1) off-street parking space in addition to the minimum parking space for the primary dwelling. The parking space may be provided in a tandem fashion (behind another parking space).

G.

An ADU must have an acceptable hard surface driveway providing access to a public or private street or an acceptable hard surface walkway directly to the driveway shared with the primary dwelling on the same lot or parcel.

(Ord. No. O-02-26, § IX, 2-2-26)

313.101. Purpose.

The purpose of this section is to establish regulations for barndominiums to help ensure such buildings are aesthetically pleasing, compatible with any single-family homes located within five hundred (500) feet of the lot on which the barndominium is built, and do not substantially depreciate the value of properties within the city.

313.102. Definition.

Barndominium: A structure with a steel frame and sheet metal siding that was: (a) newly designed and constructed to be a detached single-family dwelling; or (b) originally designed as a storage building, barn, or other non-dwelling structure and has been repurposed in compliance with city Code and building permits issued by the city's building official to be a detached single-family dwelling. A barndominium might be a modular home or a site-built dwelling.

313.103. Foundation.

A barndominium must be placed on a slab foundation.

313.104. Design Standards.

A barndominium must incorporate the following regardless of whether the barndominium is in a residential district or on a mixed-use property in the M or I district:

A.

A barndominium must comply with the design standards established by section 301.

B.

If the barndominium is in a residential district, the barndominium must have a square footage equal to or greater than the median square footage for each single-family dwelling located within five hundred (500) feet of the lot on which the barndominium will be located, as determined by the most recent certified tax appraisal roll for the county.

313.105. Single Lot Standards.

A.

Barndominiums shall conform to the setback requirements of structures in the district in which it is located.

B.

No more than one (1) barndominium may be located on a single lot or parcel.

(Ord. No. O-02-26, § IX, 2-2-26)

Notwithstanding any language in this appendix to the contrary, a specific use permit for a manufactured home may be granted only when the following requirements are met:

A.

The manufactured date of the manufactured home must not be more than five (5) years prior to the date of the application for the specific use permit;

B.

The living space for the manufactured home must be greater than nine hundred (900) square feet; and

C.

The building official must have approved the proposed location of the manufactured home and verified that the required setbacks from the property line will be met after reviewing:

1.

The property legal description, the location of survey stakes on the corner boundaries of the property, and a site plan showing the proposed location of the manufactured home on the property; or

2.

A survey plat prepared by a licensed surveyor when such a survey plat is necessary to confirm that the setbacks will be met based on the proposed location of the manufactured home.

(Ord. No. O-02-26, § IX, 2-2-26)

A.

Manufactured homes located on individual lots shall conform to the setback requirements of structures in the district in which it is located. No more than one (1) manufactured home may be located on a single lot.

B.

Manufactured homes must face the street in a horizontal manner (i.e., the longest side faces the street) on the address side of the structure, unless the required setbacks can only be met by allowing a different directional orientation of the longest sides of the unit.

C.

Each manufactured home must have an acceptable hard surface driveway providing access to a public or private street.

(Ord. No. O-02-26, § IX, 2-2-26)

A.

Each manufactured home located within the City of Crockett must be secured to its pad or foundation material by a cable, harness or other safety device meeting federal and state standards and approved by the city building inspector. Additional rooms and enclosed porches must be constructed on a permanent foundation.

B.

The transportation wheels and the towing mechanism (tongue) must be removed.

C.

Skirting is required along the bottom of each manufactured home so that no space under the manufactured home may be seen, and the skirting may not be fastened directly to the ground but must be fastened to a concrete runner or footer.

1.

Skirting shall be compatible in color with the manufactured home's siding. If the skirting is metal, the use of corrugated panels is prohibited; however, profile panels, deep ribbed panels and concealed facing systems are permitted. The exterior finish for the skirting shall be of permanent material such as baked or enamel finish or painted to the wall manufacture standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.

2.

The skirting must be installed, and the trailer tongue, wheels, axles and trailer hitches must be removed from the manufactured house prior to city utilities being turned on.

3.

Skirting shall be maintained in good, safe, and stable condition and kept in good aesthetic condition. The property owner shall repair or replace any portion of skirting if it becomes unsightly or a menace to public health, safety, or welfare.

4.

If a manufactured home requires replacement of its skirting and the home was manufactured in 2020 or later, the replacement skirting shall be made of materials described herein even if the manufactured home was moved onto the property with a specific use permit issued prior to the time the ordinance codified herein was enacted.

(Ord. No. O-02-26, § IX, 2-2-26)

Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in the city, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. Setbacks, structural safety and skirting requirements and other land use requirements established by this code must still be met, and the owner must obtain a building permit from the city's building official prior to replacing the manufactured home (V.T.C.A. Occupations Code, § 1201.008(e)).

(Ord. No. O-02-26, § IX, 2-2-26)

315.101. Purpose.

The City of Crockett allows and encourages the development of mixed-use projects, especially those that are owner occupied and/or have a strong pedestrian orientation. The purpose of this section is to establish limitations and regulations for permitted mixed-use properties to help ensure that property owners of such properties are not using the property for only residential use without an active business operation, to help ensure that allowing mixed-use on commercial property in a non-residential district benefits the welfare of the city's business community, and to help ensure there is no unintended negative impact on surrounding properties.

315.102. Definition.

Active business operation: A permitted business operation that is not an inactive business operation.

Inactive business operation: The mere continued holding or renewal of right to property that is not presently deployed to generate revenue or provide services.

Mixed-use: The mix of residential use and permitted business use in a commercial building or on commercial/industrial property in a non-residential district as allowed by the city's zoning code. Mixed-use will not affect the commercial/industrial status of a building or property; the commercial/industrial use will always be the main/primary use, and the residential use will be the accessory use.

Mixed-use horizontal: Having one (1) or more attached dwelling units on the first floor of a commercial building behind or beside an active business operation in the C-1, C-2, C-3, M or I districts or having one (1) detached single-family dwelling other than a tiny home on the same property as the commercial building(s) in the M or I district. Note: A barndominium must meet the regulations in section 313, and a manufactured home must meet the regulations in section 314.

Mixed-use vertical: Having one (1) or more attached single-family dwelling units on the second or higher floor above the corresponding active business operation in the C-3 district.

315.103. General Provisions.

A.

The goals of allowing residential use in an otherwise commercial building or on an otherwise commercial property are:

1.

To encourage and facilitate the development and redevelopment of underutilized buildings and properties by permitted commercial, industrial, and manufacturing businesses, especially owner-occupied businesses;

2.

To stimulate business activities in the city and thereby directly or indirectly increase city revenue; and

3.

To enhance not only the security for the business located on the mixed-use property but also for surrounding businesses and their customer base.

B.

When the mixed-use consists of a horizontal or vertical dwelling unit within a commercial building, the dwelling unit must receive a certificate of occupancy before being used as a residence. The exception for single-family residential purposes established by section 602 of this code is not applicable for such mixed-use property.

C.

Mixed-use is a privilege that can be forfeited or denied when the residential or business use does not comply with the regulations established by the zoning code, does not comply with other applicable laws, rules, and regulations, or when the residential use is having a documented negative impact on surrounding businesses or their customers.

D.

A mixed-use specific use permit may be limited to the property owner to whom it is issued and for only while the corresponding business use does not change.

315.104. Square Footage Limitation for Residential Use.

A.

Commercial building. When mixed-use is permitted on the first floor of a commercial building, the residential use is limited to not more than fifty (50) percent of the square footage of the first floor of the building and the residential use must be behind or beside the corresponding business use. The total residential use in a permitted vertical mixed-use building may be more than fifty (50) percent of the building's square footage.

B.

Detached single-family dwellings on commercial property.

1.

When mixed-use is permitted on what is otherwise commercial property and the residential use is a detached single-family dwelling, an accessory building for residential use that meets the criteria established by section 311 is also allowed. The dwelling and the accessory building must be behind or beside the corresponding business.

2.

The total residential use area, including porches, garages, carports, accessory buildings for residential use, private yard space, and surrounding setbacks from the commercial building(s) is limited to not more than fifty (50) percent of the commercial property's total square footage.

315.105. Active Business Operation Requirements.

The corresponding permitted business use in a mixed-use building or on a mixed-use property must remain an active revenue-generating business operation benefiting the welfare of the city's residents and meeting the following criteria for the property to retain the privilege of being a mixed-use property:

A.

The business must be open to the public a minimum of two (2) days and ten (10) hours in a calendar week between the hours of 8:00 a.m. to 12:00 p.m.

B.

The business must post the name of the business and the hours that it is open to the public on the front door or on a nearby surface that is observable to a pedestrian attempting to enter the front door.

C.

The business must have a customer-oriented entranceway immediately inside the business that:

1.

Opens directly onto the sidewalk or onto the front parking lot in areas where a sidewalk does not exist; and

2.

Is a depth of not less than twenty-four (24) feet.

D.

The business must have a hard copy or internet-based description of its operations readily available to the public.

315.106. Exception to Minimum Hours Open to the Public.

If a property owner owns two or more commercial buildings within the same block and the buildings house two (2) or more active business operations, one (1) of the operations may be open to the public for fewer than the required hours as long as the combined total of hours open to the public meets the minimum hours of operations times the number of business operations (e.g., if a property owner owns two (2) buildings in the same block housing two (2) different business operations, one (1) business might be open only five (5) hours and one (1) day a week if the other business is open twenty (20) hours and three (3) days a week to meet the minimum requirements when combined). All other operational requirements would still need to be met before allowing mixed use.

315.107. Parking.

The number of required off-street parking spaces is determined by article 4 and equals the total required for the type of business at the mixed-use location plus the number required for the attached or detached dwelling unit at the mixed-use location.

315.108. Enforcement.

The city' code enforcement officer shall investigate whether the corresponding business on a mixed-use property is an active business operation when the business does not comply with the requirements established by this section or when the code enforcement officer has other reasons to believe that the mixed-use property is only being used for residential use with an inactive business operation. In all cases, the burden is on the mixed-use property owner to demonstrate that the corresponding permitted business meets the requirements set forth herein and is an active business operation.

(Ord. No. O-02-26, § IX, 2-2-26)

The purpose of this section is to help ensure that when tiny homes are permitted in a neighborhood they are aesthetically pleasing and compatible with single-family homes located within 500 feet of the lot where the tiny home is to be placed and do not substantially depreciate the value of properties within the city.

(Ord. No. O-02-26, § IX, 2-2-26)

Tiny home: A detached single-family dwelling that is a permanent structure with a permanent foundation and with a living space size of at least four hundred fifty (450) square feet and no more than nine hundred (900) square feet. For the purpose of this zoning code, a tiny home can be a modular or site-built home but does not include a manufactured home or a tiny home on wheels (which is a recreational vehicle for the purposes of this zoning code).

Tiny home development: When four (4) or more tiny homes will be constructed on bordering lots or parcels or on lots or parcels directly across from each other and the lots or parcels are or were owned by the same property owner or developer prior to development or sale as tiny home lots or parcels.

(Ord. No. O-02-26, § IX, 2-2-26)

A.

Only one (1) tiny home may be permitted per lot or per parcel when the parcel is not divided into lots. The tiny home may be permitted as either the primary dwelling or as an accessory dwelling unit per section 312 of this code.

B.

The minimum lot size for a tiny home as the primary dwelling is indicated on the Land Use District Standards Table in section 201.10.

C.

Other than the smaller minimum lot size, a tiny home must conform to the area, coverage and height regulations applicable to the residential district in which the tiny home is located as listed in the land use district standards.

D.

Each tiny home other than an accessory dwelling unit must have an acceptable hard surface driveway providing access to a public or private street.

(Ord. No. O-02-26, § IX, 2-2-26)

A tiny home must comply with the design standards for detached single-family dwellings established by section 301.

(Ord. No. O-02-26, § IX, 2-2-26)