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.

Any existing use or structure that is nonconforming with respect to this standard must be made to conform within two (2) years from the effective date of this ordinance, or from the effective date upon which the land use or structure falls within the zoning jurisdiction of the city.

B.

Land use district standards. 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.

The minimum lot standards by zoning district are shown in the table of land use district standards. The following information is to be used in interpreting the district standards:

1.

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.

2.

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.

C.

Number of buildings per lot.

1.

Only one (1) primary residential structure per lot is allowed except in an apartment complex. A duplex is considered to be a primary residential structure. A mobile home or modular home is considered to be a primary residential structure.

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 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 nonresidential 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.

(Ord. No. O-5B-86, § 1, 5-19-86)

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 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 (¾) 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.

Restrictions on specific use permits for mobile homes. Notwithstanding any language in this appendix to the contrary, a specific use permit for a mobile home may not be granted unless the following requirements are first met:

1.

The city is furnished an accurate survey plat prepared by a licensed surveyor, showing the boundaries of the property on which the mobile home is to be located;

2.

The survey plat reflects that sufficient room is available for setbacks required by the Crockett Code; and

3.

No specific use permit may be granted for a mobile home manufactured more than five (5) years prior to the date of the application for specific use permit.

(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)

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 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.

G.

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 G 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.

H.

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 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 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 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.

Temporary buildings and equipment for uses incidental to construction work on premises are allowed in any zone but shall be removed upon the completion or abandonment of construction work. None shall be located on any public street at any time during construction.

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 Apr. 18, 1988, did not specifically amend the zoning ordinance; therefore, said section has been added herein as § 307 by the editor.

a.

Intent. To provide peace, quiet, and domestic tranquility within all residential neighborhoods of the city and to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.

b.

Definitions.

1.

A "home occupation" is defined as any business, professional or commercial activity that is conducted or petitioned to be conducted on or from property that is zoned for residential use, including property zoned AR, R-1, R-2 and R-3.

2.

A home occupation permit is a permit issued for home occupation that is authorized by this section without hearing. A home occupation permit is granted only to a designated person who resides at a residential address. It is not transferable from person to person or from address to address.

3.

A home occupation conditional use permit is a permit authorized by the city council only after a public hearing by the planning and zoning commission.

c.

No home occupation shall be permitted without the prior issuance of a home occupation permit or conditional use permit.

d.

A home occupation permit for the following home occupations shall be issued by the code enforcement officer, upon application to the city and payment of the permit fee, without hearing, provided that said home occupation is conducted solely and singly by the applicant, who shall reside on the premises, does not constitute a significant impact upon the neighborhood, and conforms to all the rules and regulations of this section 308:

1.

Dressmaking, sewing, and tailoring;

2.

Painting, sculpturing, or writing;

3.

Telephone answering;

4.

Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;

5.

Teaching music or tutoring, limited to one student at a time;

6.

Home cooking and preserving;

7.

Computer programming; and

8.

Secretarial service.

e.

All home occupations, whether authorized by permit or conditional use permit, shall conform to the following standards:

1.

Permitted home occupations shall not be conducted in any building on the premises other than the building which is used by the occupant as his or her private dwelling, and, further, not more than one (1) room may be used for such purpose.

2.

No interior or exterior business sign shall be permitted unless authorized by the sign regulations for residential districts.

3.

There shall be no exterior or open garage storage of goods, equipment, materials, merchandise or inventory.

4.

The area set aside for home occupation shall not exceed twenty (20) percent of the total floor area of such residence.

5.

Permitted home occupations shall not include the employment of any person not residing on the premises.

6.

The use of mechanical equipment other than is usual for purely domestic or hobby purposes is prohibited.

7.

Off-street loading and parking requirements of applicable laws and ordinances must be followed.

8.

Merchandise shall not be displayed or offered for sale either within or outside of the residence.

9.

The operation of any wholesale or retail business, unless it is conducted entirely by mail and does not involve the sale, shipment, or delivery of merchandise on the premises, is prohibited.

10.

Any manufacturing business or activity which produces noxious matter or perceptible noise beyond the lot line is prohibited.

11.

Trucks or vans shall not operate out of residential districts.

12.

Conditional use permits shall not be granted when it appears to the city council that the proposed home occupation will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values, or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances.

13.

In order to guarantee that a home occupation, once authorized, will not become a nuisance to the neighbors or otherwise violate these guidelines, the planning and zoning commission may recommend and the city council may impose reasonable conditions necessary to protect the public health, safety, and welfare.

14.

An applicant for a permit or conditional use permit must reside at the location of the proposed home occupation.

15.

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

aa.

Sales last no longer than three (3) days.

bb.

Sales are held no more than twice yearly.

cc.

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

dd.

No goods purchased for resale may be offered for sale.

ee.

No consignment goods may be offered for sale.

ff.

All directional and advertising signs shall be free-standing and removed after completion of the sale.

gg.

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

hh.

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

f.

Inspections.

1.

There may be one (1) annual inspection each year by the code enforcement officer or his designee of each property covered by a permit or conditional use permit. In addition, the code enforcement officer, or his designee, shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by said permit for safety and compliance purposes.

g.

Application for permits.

1.

The annual fee for permits and conditional use permits issued under this section shall be ten dollars ($10.00) per year and shall be payable no later than May 1 of each year.

2.

Permits and conditional use permits shall expire April 30 of each year, and once granted may be renewed without additional hearings, subject to the provisions of this section, by completing the renewal form prescribed by the code enforcement officer and paying the annual permit fee. Failure to timely apply for renewal, or failure timely to pay the annual fee for a permit or conditional use permit shall cause the expiration and automatic termination of a permit or conditional use permit, without option for renewal.

h.

Conditional use permits.

1.

Conditional use permits granted by this section shall be temporary in nature and shall be granted to a designated person who resides at a residential address. They are not transferable from person to person or from address to address.

2.

Applications for home occupation conditional use permits shall be filed with the code enforcement officer, together with a filing fee of one hundred twenty-five dollars ($125.00). The application shall be forwarded to the planning and zoning commission for a public hearing. All such hearings shall be at public meetings of the planning and zoning commission and shall be conducted as provided in the City of Crockett Zoning Ordinance. Legal notice of all such hearings shall be given as required for petitions for rezonings, variances, and other conditional uses. At the conclusion of its hearing, the planning and zoning commission shall make findings of fact and recommendations to the city council, which shall hold a public hearing after giving legal notice of such hearing in the manner required for petitions for rezonings, variances and other conditional uses. The city council may accept, reject or modify the findings and recommendations of the planning and zoning commission.

i.

General provisions.

1.

Should a home occupation permit holder or conditional use permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, should a surviving spouse or child residing at the same address desire to continue the home occupation, written notice to that effect shall be given to the code enforcement officer, and the code enforcement officer may authorize continuation of that permit without further hearing.

2.

Permits and conditional use permits, once granted, may be revoked by the city council for cause after hearing before the city council. Complaints seeking the revocation of such permit shall be filed with the code enforcement officer and may be initiated by the planning and zoning commission or any three (3) residents of the block (both sides) where the home occupation is being conducted. All such revocation hearings shall be conducted in accordance with the City of Crockett Zoning Ordinance. Publication and notice requirements shall be the same as for home occupation conditional use permit application hearings.

3.

All home occupations being lawfully conducted under the terms of the City of Crockett Zoning Ordinance in effect prior to the effective date of this Ordinance shall be deemed to be nonconforming uses, and the provisions of Article 5, Nonconformance, of the Zoning Ordinance of the City of Crockett, Texas shall apply thereto.

(Ord. No. O-4-99, § 7, 4-5-99)

Editor's note— Ord. No. O-4-99, § 7, adopted April 5, 1999, added new provisions to the zoning ordinance as § 307. Inasmuch as other provisions existed within the zoning ordinance as § 307, the provisions of Ord. No. O-4-99, § 7, have been redesignated as § 308 at the editor's discretion.

A.

The terms "coin operated machine," "music coin-operated machine," and "skill or pleasure coin-operated machine" are as defined in Chapter 2153 of the Texas Occupations Code.

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 24-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 24-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)