Sections 11.02 through 11.37 [Article 11] describe[s] the special conditions under which certain uses are permitted in certain districts. In addition to these conditions, the general provisions set forth in Article 14 shall apply to every permitted use, unless otherwise exempted elsewhere in this ordinance. Failure to maintain compliance with the conditions set forth herein shall constitute a violation of this ordinance.

It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City. If the Director is unable to classify the use under one of the existing listed uses, then the Director shall initiate a zoning text amendment pursuant to procedures set forth in this ordinance.

Heliport or helistop shall be located no nearer than 600 feet to any other property in a residential district; shall provide runways or other landing spaces only so located and oriented that aircraft landing and taking off do not normally pass directly over a residential district below 200 feet elevation above grade. Proponents shall also be responsible to show that adequate measures will be taken to prevent offensive dust, noise, vibrations, and bright lights; and that the field in question meets the standards of the Federal Aviation Administration (FAA) for the particular class of field proposed to be developed. That heliports and helistops be allowed as an accessory use for medical facilities located in highway districts provided that a specific use permit is granted and all other requirements in this section are met.

(Ord. No. 3957 , § 1, 2-6-2018)

Car washing establishments shall provide paved parking space on the lot for not less than ten automobiles per washing lane, and all parts of the operation shall be visibly screened on all property lines abutting property in a residential district, and any entrance thereto or exit therefrom shall be by way of a paved public street.

Carnival, circus, tent revival or similar temporary open-air enterprises shall be permitted in any zoning district upon obtaining a temporary occupancy permit from the City Council after it has ascertained that such carnival, circus, tent revival or similar temporary open-air enterprise shall have access drives so located as to minimize traffic hazards. The proponents shall show to the satisfaction of the City Council that adequate measures will be taken to prevent odor, dust, noise, lights and traffic from becoming a nuisance to uses on other properties. Each temporary occupancy permit for such enterprise shall be valid for a period of not more than seven days and shall not be granted for more than three such periods for the same location within any 90-day period.

Permitted by Specific Use Permit and subject to the following development standards:

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The site shall front or side to a minor or major thoroughfare;

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Parking and drive aisles shall be screened from adjacent residential uses by a screening wall, minimum of six feet in height, or by a combination of open fencing and living screening materials;

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The number and location of driveways shall be determined by Engineering Services;

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The application shall contain information indicating how the traffic generated by the use will not negatively impact the residential neighborhood;

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Additional screening, landscape buffers and other development criteria may be required by the Planning and Zoning Commission and City Council to address potential impacts of the use on adjacent properties;

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The maximum height shall be one story, 30 feet;

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All buildings shall be designed to have an appearance of a single-family dwelling including the pitch and composition of the roof; and

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Unless otherwise noted, all other requirements of the applicable Single-Family District shall apply.

Child care uses, including day nursery, day care center, or nursery, shall be subject to the following conditions:

1.

In SF1, SF2, SF3, PH, TH, and OP Districts such uses shall be operated only as an accessory to a church, or privately as a home occupation when care is limited to six (6) children or less.

2.

In all districts where permitted the following requirements shall be provided:

a.

The site shall contain a minimum area of 250 SF per child; and

b.

There shall be provided a minimum outdoor play space of 80 SF per child, per group occupying the space at one time, and such space shall be fenced on all sides from any adjacent property in a residential district by a solid fence or wall at least four feet in height.

3.

Notwithstanding anything to the contrary herein, a public independent school district is not required to obtain a SUP for the operation of a day care in a public school.

Churches and other place of worship, including Sunday School facilities, shall have any principal entrance or entrances on a primary or secondary thoroughfare or on a minor street within 300 feet of a primary or secondary thoroughfare, and shall meet the bulk and area regulations set forth in the district in which located, except for the following provisions:

1.

Construction facilities, accessory, including temporary batching plant for asphaltic or Portland cement concrete, or temporary building, or yard for construction materials, and equipment shall be permitted in any zoning district upon obtaining a temporary occupancy permit from the City Council after it is ascertained that such batching plant, yard, or building is both incidental to and necessary for construction within two miles of the plant, yard, or building. Each temporary occupancy permit for such plant, yard or building shall specify the location of the proposed facility and the area to be served thereby. Each such temporary occupancy permit shall be granted for a period of not more than 180 days, and such permits shall not be granted for the same location for more than four such periods during any 30-month period. The applicant shall show to the satisfaction of the Building Official that adequate measures will be taken to prevent odor, dust, noise, lights, drainage, and traffic from becoming an annoyance to uses on other properties. Ingress to and egress from such facilities shall be only from major thoroughfares; provided, however, that the board of adjustment may approve a location on a minor thoroughfare if the board finds that such location would give rise to less traffic on residential streets than would a feasible location on a major thoroughfare.

2.

Use of temporary office buildings may be permitted within an industrial zoned district subject to the following conditions:

a.

Within six months of the placement of any temporary office building, a building permit for a permanent building would be required.

b.

The permanent building must be occupied within 12 months and all temporary office buildings must be removed from the site within 30 days unless an extension is granted by the City Council.

c.

One 12-month temporary occupancy permit may be issued for each site upon the approval of the City Engineer.

d.

Any extension of the temporary occupancy permit may be applied for but the extension would require the approval of the City Council.

No ingress or egress (other than a service entrance on an alley) shall be more than 50 feet from a primary or secondary thoroughfare.

No building, work or play area shall be nearer to a zoning lot in a residential district than 150 feet.

The projection screen shall be located not less than 300 feet from any residential district, and shall not be located as to be visible from any thoroughfare within 1,000 feet thereof. A solid fence at least ten feet high shall enclose the site and shall be maintained in a satisfactory condition. No outside speakers will be permitted, other than those speakers designed for use inside the patron's vehicle.

Earth moving and excavation; mining, including quarrying, depositing construction materials, rock, stone, gravel, sand, clay, earth or minerals on the ground shall not be construed to be a permitted use in any district, except the M-3 district, unless and until the City Engineer has given written approval, except for the following defined extractions and deposits:

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Excavations for the foundation or basement of any building or for a swimming pool for which a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which a building permit has been issued.

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Grading of any parcel of land for a permitted use where no bank is left standing and exposed for more than ten feet in vertical height, or when less than 1,000 cubic yards of earth is removed from the premises.

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Grading in a subdivision, which has been approved by the City in accordance with the City of Deer Park subdivision regulations (Chapter 98 of this Code) and any amendments thereto.

The City Engineer shall have the power to grant a written approval, revocable and valid for specified periods of time, to permit deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials. The City Engineer shall make such inspections as he deems necessary to ensure that all work is in accordance with the approval.

Use must be completely maintained within the main structure.

Gasoline service stations to the extent that they are permitted in any district are subject to the following conditions:

1.

A solid fence or wall at least 8 feet in height shall be erected and maintained to screen service station operations from any adjoining property in a Residential or OP District;

2.

No sign, except a sign designating the brand, grade, and price of gasoline affixed to a gasoline pump, shall be permitted within 50 feet of any property in a Predevelopment or Residential District so as to be visible from such property;

a.

For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Comprehensive Land Use Plan.

b.

Gas pumps do not have to meet the spacing requirement if:

i.

A major thoroughfare separates the accessory gas pumps from the residential lot; or

ii.

The Future Land Use Plan designates a lot as residential, but City Council subsequently rezones the property to a nonresidential zoning district and no residential use is located on the lot;

3.

No gasoline pump or servicing facility shall be located within 25 feet of any property in a Predevelopment or Residential District; and

4.

In an NS district the following additional specific conditions shall apply to gasoline service stations:

a.

Any permitted sign shall be stationary and shall conform in all respects to the applicable regulations pertaining to signs; and

b.

No station shall have more than two (2) lubrication hoists, and any such hoist or hoists shall be located within an enclosed structure.

Convenience Stores with Gas Pumps shall be subject to the following development standards:

1.

Gas pumps are permitted by right at a maximum of two (2) corners at an intersection of two (2) major thoroughfares;

a.

Within the GC - General Commercial District, if two (2) gas pumps are currently located at two (2) corners at an intersection of two (2) major thoroughfares, then a convenience store with gas pumps may be located at a third (3rd) corner of said intersection along Center Street, SH 225, and Underwood Road upon approval of a Specific Use Permit.

2.

Roofs of convenience stores and pump canopies shall be pitched;

3.

A maximum of 10 pump islands shall be permitted. This restriction shall not limit the number of fuel dispensers per pump island;

4.

Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building; and

5.

The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage.

Golf driving range, commercial shall be located only on a major street. The tee area shall be not less than 200 feet from any property in a residential district or less than 20 feet from any street. Lighting shall be shielded and directed away from any adjacent residential property.

Greenhouses as permitted in the respective districts shall be subject to the following limitations:

Home occupations in those residential districts in which permitted shall be subject to the following conditions:

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In any dwelling unit, all home occupations, collectively, shall not occupy more than 25% of the gross floor area of one floor of said dwelling unit, nor more than 300 SF of the gross floor area whichever is greater, but these limitations shall not apply to foster family care, boardinghouse or lodginghouse.

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A home occupation shall not require internal or external structural alterations or involve construction features or the use of mechanical equipment, chemicals, or natural elements not customarily used in dwellings for the personal service of the residents.

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There shall not be more than one nonresident worker in any dwelling unit.

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Electrical power used in connection with the home occupation shall be limited to three horsepower.

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In any residential district where permitted the following specific home occupations shall be subject to the conditions designated below:

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Foster family care shall be limited to the care of not more than four foster children per dwelling unit, except that there may be more than four foster children if they are all members of the same family.

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Lodging and boarding shall be limited to not more than four persons not members of the resident family.

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Signs or other devices advertising the home occupation are prohibited in residential areas.

Junkyard shall be effectively screened from any district, other than an M-2 district, and from any state or federal highway within 700 feet by a solid fence or wall at least eight (8) feet in height which shall have no merchandise affixed thereon.

Keeping of pets and other household or domestic animals, only for personal enjoyment or household use and not for any commercial purpose, shall be permitted as follows in any predevelopment or residential district:

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Not more than two dogs and two cats over eight months old.

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Cages or other fixed means of restraining pigeons, hamsters, or any other animals not regulated herein shall be not less than 25 feet from any zoning lot line in a predevelopment or residential district.

In any district other than a predevelopment or residential district the same distance separations established for the respective animals above shall be maintained from any dwelling, or from any zoning lot line of a lot upon which a dwelling or eating place is established.

Keeping or raising of animals, for purposes other than for personal enjoyment, to the extent that it is permitted in any district, is subject to the following conditions:

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Animal hospital, pound, or shelter; commercial kennel for cats or dogs; veterinarian's office with animals on the premises; pet shop, and other similar uses of a commercial nature:

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In a CS district, no outdoor runs are permitted. All facilities where animals are kept, received, or treated shall be within a completely enclosed building or buildings.

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In a GC district, outdoor animal runs are permitted, provided all parts of such runs are a minimum of 200 feet from all zoning lot lines, and all screened from view from all such lines by a solid wall, fence, or building.

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No incineration of animal refuse shall be permitted in any district other than the M-3 district.

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The Building Official shall require reasonable proof that adequate measures will be taken to prevent odor, dust, noise, and drainage from becoming a nuisance to uses on other properties.

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Riding academy or public stable:

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All areas where animals are kept or ridden shall be fenced or otherwise confined not less than 25 feet from any adjoining property.

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Raising of animals for food shall be permitted in the following districts only as provided for below:

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Raising or keeping of other small domestic animals, including, but not limited to, beehives, chickens, game fowl, and rabbits, shall be permitted in any predevelopment or residential district, provided such animals are kept for personal use only, and that there be no more than eight such animals per acre or a prorated number thereof, and that such animals are kept no less than 125 feet from any dwelling or any zoning lot line.

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There shall be no sale on the premises of such animals or any animal products for food or for other purposes.

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The customary keeping of pets for personal enjoyment, only as provided for in Section 14.18, shall not be prohibited hereunder.

Newspaper distribution station shall be maintained in a slightly condition with newspapers, wrappers, and waste materials stored and handled within a completely enclosed structure until removed from the premises.

Off-street parking and loading, temporary, incidental, or for a special event of a noncommercial nature may be permitted by the City Council by the issuance of a temporary occupancy permit; provided, however, that each permit shall be valid only for the duration of the designated special event, and provided further that if the designated special event is a seasonal activity, the permit may be granted for the entire season but restricted in use to designated dates and times in which the event is to occur.

Private art gallery, museum, or library shall be located not less than 15 feet from any adjoining residential property and shall have its principal entrance or entrances on a primary or secondary thoroughfare.

Property owners' association, as required by this ordinance, shall be created for the perpetual care and maintenance of that portion of a development which is under common and undivided ownership by persons owning individual parcels within the development. Approval of the subdivision of any such development shall not be granted until title to the individual lots provides for the establishment of the required property owners' association and for the association's maintenance and care of all private land and facilities under common ownership and clearly defines liability or responsibility of the individual property owners or the association for the following, all of which shall be secured by a lien on the property:

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Any joint operation and maintenance of utilities.

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Tax obligations.

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Insurance.

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Assessments or dues.

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Maintenance of walks, drives, recreation areas, parking or loading areas.

In addition, title to the individual lots shall show how control of the association is vested, and shall provide that the conditions set forth above shall be an unexpiring part of such title until such time as all of the development is under the control of one person.

Sanitarium; institution for children or the aged; hospital for mental, narcotics, or alcoholic patients, penal institution; or similar institution, but not including convalescent or nursing home or maternity home as provided in Section 14.09 shall be subject to the following:

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No ingress or egress (other than a service entrance on an alley) shall be on any street other than a primary or secondary thoroughfare.

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There shall be a solid fence or wall six (6) feet in height maintained in a good condition adjacent to any zoning lot in a residential district.

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No building or work area shall be nearer to a zoning lot in a residential district than 200 feet.

The storage of flammable liquids and gases shall comply with the following articles of the National Fire Codes, Vol. 1, as such articles may from time to time be revised:

(a)

Article No. 30, with respect to flammable liquids;

(b)

Article No. 58, with respect to liquefied petroleum gas.

Subdivision office, temporary, is permitted as follows upon receipt of a permit granted by the Building Official for a period not to exceed two years. If it finds cause, the board of adjustment may grant an extension to this time period limitation:

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A temporary subdivision office, both incidental and necessary for the sale or rental of newly platted or newly constructed property, shall be located within a subdivision to which it is appurtenant.

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Reserved.

Any swimming pool in any district shall:

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Comply with the yard provisions of the district in which it is located.

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Be so walled, fenced, or otherwise enclosed as to prevent uncontrolled access.

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Be screened by a masonry wall or solid fence at least six (6) feet high on any side facing the property line of any zoning lot in a residential district, if said pool is located within any part of a required side or rear yard.

No swimming pool shall be permitted in any residential district unless such pool is (1) owned and operated by a public agency, or (2) accessory to a use permitted in such district. Except for a pool owned and operated by a public agency, no pool shall be permitted in a residential district unless the pool is intended for the use of, and is used by, only the occupants of the principal use of the property on which the pool is located and their guests.

Tavern, nightclub, and semiprivate clubs (when permitted) in the M2 and M3 industrial districts shall have all public entrances a minimum of 50 feet away from the zoning lot line of any property used principally for a residence, and in no case shall the entrance face adjoining residential properties.

Storage facilities or mini warehouses for storage of personal items shall not be constructed or be a permitted use in any district unless and until a specific use permit shall first have been secured from the City Council. Storage facilities or mini warehouses for storage of personal items must be constructed so that all structural members, including floors, roofs and their supports, are of steel, iron, concrete or of other noncombustible material, and in which the exterior walls are of noncombustible construction having a fire resistance rating of not less than two hours.

Shipping containers shall only be placed upon land that holds a specific use permit for a shipping container storage yard. Shipping containers shall not be stacked more than three high, except that they may be stacked up to four high on any area within a shipping container storage yard which repairs containers and utilizes a gantry crane to stack containers being repaired or stored. All shipping containers stored, handled or repaired shall be empty of all hazardous materials, including toxic, flammable or explosive substances.

The City Council of the City of Deer Park, in granting specific use permits, shall have the authority to require landscaping of the buffer zone and may require that no buildings, structures, or parking lots be allowed within the buffer zone. Each shipping container storage yard shall maintain clamps on hand at all times to secure all containers within its storage yard, in the event of high winds or an emergency. All shipping containers shall be stacked or placed upon areas paved with concrete, asphalt or stabilized soil which meets the requirements and specifications of the ordinances of the City of Deer Park relative to such areas to be paved with concrete, asphalt or stabilized soil.