No permit shall be issued for any development or use of land unless the activity is in compliance with all applicable supplementary use standards in this section. Unless otherwise indicated, the listed standards apply in all zoning districts in which the subject use is permitted.

(a)

Multifamily dwellings. The ratio of single-family dwellings to multifamily dwellings shall be six to one; that is, for every six single-family dwellings one multifamily dwelling may be constructed. This standard applies in all districts where multifamily use is permitted.

(b)

Church or place of worship. Churches and places of worship shall not be allowed in the RU zoning district unless direct vehicle access is provided from a collector or arterial street or major thoroughfare. This standard shall not apply to churches or places of worship located in the FC or HMU zoning district.

(c)

School. Schools shall not be allowed in the RU, SR, or VMU zoning district unless direct vehicle access is provided from a collector or arterial street or major thoroughfare. This standard shall not apply to schools located in the FC or HMU zoning district.

(d)

Hospital. Hospitals shall not be allowed in the RU zoning district unless direct vehicle access is provided from a collector or arterial street or major thoroughfare. This standard shall not apply to hospitals located in the FC or HMU zoning district.

(e)

Library. Libraries shall not be allowed in the RU zoning district unless direct vehicle access is provided from a collector or arterial street or major thoroughfare. This standard shall not apply to libraries located in the FC or HMU zoning district.

(f)

Home occupations. All home occupations shall comply with the following standards:

(1)

There shall be no visible storage of equipment, materials, or vehicles that have more than two axles;

(2)

The home occupation shall be conducted entirely within the principal residential building or within a permitted accessory structure, and shall not be conducted within a garage or modified garage area;

(3)

No signage shall be permitted indicating the existence of any home occupation;

(4)

No retail sales of products not produced as a result of the home occupation shall be allowed;

(5)

No equipment shall be used that creates undue noise, vibration, electrical interference, smoke, or particulate matter emissions, excessive power demands or odors;

(6)

No goods, chattels, materials, supplies, or items of any kind shall be delivered either to or from the premises in connection with the home occupation in vehicles with more than two axles;

(7)

No persons other than the immediate family residing at the home may work at the home occupation;

(8)

No more than two private automobiles of clients, patrons, or customers of the home occupation can be parked off the premises at any given time. Off-street parking shall be provided (driveway parking spaces may be counted towards meeting this requirement);

(9)

The following are expressly prohibited as home occupations and must be located in an appropriate commercial or office area:

a.

Doctor's or dentist's offices;

b.

Real estate offices;

c.

Insurance offices;

d.

Retail operations;

e.

Storage facilities;

f.

Auto repair;

g.

Beauty shops;

h.

Barbershops;

i.

Hair salons; or

j.

Any other business that is disruptive of the quiet use and enjoyment of surrounding property owners.

(10)

The area allowed for a home occupation shall not exceed 15 percent of the area of the primary residence.

(11)

The maximum amount of unloading time for deliveries made by a private service is 30 minutes.

(12)

Additional standards for limited home occupation for educational instruction:

a.

Only one student is allowed per session of instruction, unless the customer is part of a family seeking the service, utilizing one vehicle to arrive at the site.

b.

Instruction to more than one individual, who are not related, is prohibited unless approved as a conditional use.

c.

Retail sales of products shall not occur on the site.

d.

No assembly of products is allowed on the site.

e.

No more than five vehicle trips (round trips) associated with the business are allowed. The temporary unloading of a delivery from a parcel service is not counted as one of the five vehicle trips. (A vehicle trip standard for parcel delivery is enumerated above.)

f.

Deliveries or freight service is not allowed.

g.

No more than two vehicles associated with the home office are allowed on the site at any one time.

h.

Parking of any vehicle with the exception of temporary provision provided by a parcel service must occur along the driveway or in a garage, unless the provided parking spaces are properly screened. Parking of any vehicle associated with the limited home occupation in the designated road right-of-way is not allowed, including the resident's vehicles when they are parked in the right-of-way to allow for parking for the limited home occupation.

(g)

Sexually oriented businesses.

(1)

Purpose. It is the purpose of this subsection to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(2)

Applicability. This subsection shall apply to any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

c.

The addition of any sexually oriented business to any other existing sexually oriented business.

(3)

In no event shall usage of land or structures for sexually oriented businesses be approved unless they meet the following supplementary use standards:

a.

A sexually oriented business shall be located at least 1,000 feet from a church, a public or private elementary or secondary school, a licensed day care center, a property line of a lot devoted to residential uses, a public park, the boundary or any area zoned RU, VMU, SR, or another sexually oriented business. Measurements for purposes of this subsection shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the church, school, day care center, or to the nearest boundary of an affected property line, public park, district, or to the closest exterior wall of another sexually oriented business.

b.

A sexually oriented business lawfully operating under the terms of this subsection is not rendered in violation of this subsection by the subsequent location of a church, public or private elementary or secondary school, day care center, public park, area subsequently zoned RU or SR, or subsequently put to residential use.

(h)

Heavy industry. Heavy industry shall not be allowed in the HMU district unless it provides a minimum 40-foot buffer strip along any parcel lines that adjoin a RU or SR district or as part of a condition imposed for a special use permit or under section 42-283.

(i)

Automobile repair facilities. Automobile repair facilities shall be permitted in the village mixed use (VMU) district provided they were a use established prior to April 28, 2000. A building or structure constructed prior to April 28, 2000 which does not comply with applicable zoning standards is permitted to have exterior or interior remodeling, improvements or enlargements, provided the maximum area of such remodeling, improvements, or enlargements does not exceed 25 percent of the area of the structure or structures in place at the effective date of the zoning ordinance. The percentage permitted shall be cumulative from the effective date of the zoning ordinance.

(j)

Hotels. Hotels may be allowed in the freeway commercial (FC) district and a portion of the village mixed use (VMU) district, provided they are located west of the Mont Belvieu Market Center PUD, and in the area between Langston Blvd. and Interstate 10. In addition, hotels shall adhere to the following regulations:

(1)

Shall be located on at least two acres of property

(2)

All hotels shall have at least 100 guest rooms, with room access from an interior hallway. Under no circumstances shall hotels be allowed to charge an hourly rate.

(3)

All hotels shall include a porte-cochere or covered drop-off zone or both for vehicles and pedestrians, independent of drive aisles, and serve as the formal entry to the hotel.

(4)

All hotels shall include a main lobby area and designated meeting space for guests.

(5)

All hotels shall include the following indoor amenities: a guest lounge, swimming pool, weight room/training stations, and business/conference area.

(6)

Accessory uses within a hotel may include restaurants, event space, and retail.

(7)

All exterior lighting shall be reviewed by the city and a photometric study completed to ensure there is no light trespass.

(8)

Building setbacks and heights shall be determined by the merit of the individual application and proposed site plan.

(9)

A comprehensive sign plan shall be submitted and approved by city.

(10)

All hotels shall be required to have minimum of one parking space per room and one parking space per number of on duty employees.

(11)

Parking shall be limited to hotel guests, with semi tractor trailers prohibited.

(Ord. No. 2008-021, § 2(25-71), 10-13-2008; Ord. No. 2014-015, § 4, 4-14-2014; Ord. No. 2016-012, § 1, 6-27-2016; Ord. No. 2017-028, § 1, 11-27-2017; Ord. No. 2019-007, § 2, 2-11-2019; Ord. No. 2020-010, § 4, 6-22-2020; Ord. No. 2022-009, § 6, 2-28-2022)

Principal uses classified as permitted uses by the district regulations of this article shall be deemed to include accessory uses and activities that are customarily associated with, and appropriate, incidental and subordinate to, permitted uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated.

(a)

Accessory buildings.

(1)

Accessory buildings located on lots less than one-half acre shall not exceed 16 feet in height. Accessory buildings located on lots one-half acre or greater shall not exceed 18 feet in height. All accessory buildings must be within applicable building setbacks.

(2)

Accessory structures located in the Suburban Residential Zoning District, shall be allowed a minimum rear and side yard setback of five feet when no utility easement is present. Under no circumstances shall any accessory structure be allowed to be located within a utility easement, without approval of utility provider approval. Accessory structures in all other zoning districts must be within applicable building setbacks, unless it is under 100 square feet, does not require a foundation, concrete slab, and is portable.

(b)

Containers. Steel shipping containers are not permitted as permanent storage sheds in any zone. Permissible containers are designed for temporary, residential use only and shall be set on the ground (no wheeled storage is allowed). Temporary location of such containers may be allowed for not more than six months. City staff shall review applications for the use and location of such structures.

(c)

Residential accessory uses. Residential accessory uses shall include, but not be limited to, the following accessory uses, activities and structures:

(1)

Fences and walls (see subsection 42-166(b));

(2)

Garages, carports, RV storage, and off-street parking areas, which shall conform to the following:

a.

Shall occupy no more than 25 percent of a rear yard and are encouraged to be entered from the side or rear as opposed to the front.

b.

Shall be required to obtain a building permit and adhere to the city's adopted building codes. All applications must be approved by the building official.

c.

Attached accessory structures. Any accessory structure that:

1.

Shares a common roof with a primary structure; or

2.

Is attached to any wall of a primary structure, shall not exceed the height of that primary structure and shall conform to the regulations applicable to that primary structure, including, without limitation, architectural/façade components, color scheme, and material type.

d.

Detached accessory structures. Any accessory structure that is detached completely from any primary structure (e.g., detached garages, storage buildings exceeding 200 square feet, carports, RV storage, etc.) shall adhere to the following provisions, as applicable:

1.

Metal materials shall be of a durable and finished product (e.g., backed-on enamel coating, powder coated, vinyl, or similar products).

2.

A detached accessory structure in the front or side yard shall incorporate a front façade that resembles the architecture, material, and color scheme of the primary structure.

3.

A detached accessory structure in the rear yard must be located behind the rear projection of the primary structure, and building material finishes shall resemble the same color scheme of the primary structure.

4.

Proximity. Detached accessory structures (excluding carports, pergolas, palapas, or similar open-air structures) shall be located a minimum of five feet from the primary structure. Accessory structures using fire resistant or retardant materials may abut to the primary structure and locate within the prescribed setback.

(3)

Gates and guard houses;

(4)

Home occupations, subject to the standards of section 42-225;

(5)

Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;

(6)

Garage or in-law type apartments (such apartments shall not receive separate utility connections, including electric, telephone, cable, data, water, sewer, gas, etc., but shall be dependent on the principal use for connection to these services. Further, no address will be available for these accessory structures or uses);

(7)

Radio and television receiving antennas and support structures, except ham radio towers;

(8)

Recreational facilities for the use of residents;

(9)

Keeping of domestic animals for noncommercial purposes;

(10)

Solar energy systems; and

(11)

Other necessary and customary uses determined by the chief building official or city planner to be appropriate, incidental and subordinate to the principal use on the lot.

(d)

Retail, commercial, office, and industrial accessory uses. Retail, commercial, office, and industrial accessory uses shall include, but not be limited to, the following accessory uses, activities and structures:

(1)

Fences and walls;

(2)

Gates and guard houses;

(3)

Dwelling units for security or maintenance personnel;

(4)

Parking garages and off-street parking areas;

(5)

Radio and television receiving antennas and support structures;

(6)

On-premises signs;

(7)

Solar energy systems; and

(8)

Other necessary and customary uses determined by the chief building official or city planner to be appropriate, incidental and subordinate to the principal use on the lot.

(e)

Model homes.

(1)

Notwithstanding any provision of this article, model homes may be constructed in a residential subdivision after approval of the final plat and installation of all required improvements, subject to certain conditions. For the purposes of this article, the term "model home" shall be defined as a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.

(2)

Each subdivision shall be limited to one model home per 20 platted and approved lots in the subdivision or a maximum of four model homes per development. Lots planned for future phases of development shall not be considered as platted lots. New model homes may be permitted and constructed following the sale of existing model homes.

(3)

Construction of model homes may begin upon completion of all public improvements in the subdivision. The model home may only be occupied for sales and display purposes upon completion of the street leading to the model home and for 50 feet thereafter.

(4)

The model home shall be used only for selling new homes within the subdivision where the office has been established. The model homes will not be inhabited as dwellings and will only be used for display and sales purposes until after installation and acceptance of all required improvements in the subdivision.

(5)

All installations related to the sales activity (e.g., canopies, partition walls, signage, fencing, lighting, temporary parking and similar improvements) shall be converted to the approved residential use prior to occupancy as a residential structure. If the carport or garage has been converted to office space, it must be returned to a condition suitable for the parking of automobiles.

(6)

Applicant shall post a $5,000.00 bond, refundable deposit, or other form of surety per model home to guarantee conversion of any office/display area to the approved residential use and for removal of any exterior items such as temporary parking, fencing lighting and signage.

(7)

Applicant shall make application for a model home building permit which shall be subject to all applicable building, subdivision, zoning and all other codes in the same manner as any other residence. It shall also comply with all deed restrictions, drainage and other construction plans of the given subdivision.

(8)

Model home permits shall be valid for no longer than three years or 80 percent development build out. Applicant may file a request for an extension upon a showing that the model home is still needed.

(9)

The application for a model home permit shall include a statement in a form approved by the city attorney and signed by the applicant in which he agrees to indemnify and hold harmless the city, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction and occupancy of the model home prior to construction of all required improvements and filing of the final plat.

(10)

Granting a model home permit in no way obligates the city to supply any utility or access to any model home until such utilities and roadways have been constructed and accepted by the city.

(f)

Temporary sales trailers. Temporary sales trailers are permitted in residential developments prior to the construction of a model home. Following the installation of the model home, temporary sales trailers shall be removed from the site. Temporary sales trailers may be permitted based on the following requirements being met:

(1)

Site plan. A site plan indicating required parking, building location, required utilities, etc., shall be submitted.

(2)

Landscaping required. Landscaping shall be installed in conformance with the landscaping requirements as indicated in section 42-165. A landscaping plan shall be submitted indicating the proposed layout of plantings and their maintenance.

(3)

Utilities required. Temporary sales trailers shall be supplied with all utilities, to include water, sewer, electricity, telephone, etc., in order to facilitate the proper function of the trailer. Restroom facilities are required within the trailer.

(4)

Americans with Disabilities Act (ADA) compliance. Temporary sales trailers shall meet all requirements of the ADA, including providing access ramps and accessible restroom facilities.

(5)

Structural requirements. All trailers shall be built to the requirements of the city engineer and chief building official with respect to foundation, siting, natural hazards mitigation, floodplain, and other requirements as necessary to ensure the safe conduct of business in the temporary sales trailer.

(6)

Permit required. A temporary use permit shall be required. Permits shall be granted following review of staff and approval by the planning and zoning commission and city council. Permits shall be effective for a 12-month period (one calendar year) from the date of approval. No sales or other operation shall be allowed prior to approval. Following the permit period or construction of a model home, the sales trailer shall be removed from the site. The sales trailer shall not be used for any other purpose than general, site-specific sales and construction oversight and management. A 12-month extension may be granted by the planning and zoning commission and city council.

(Ord. No. 2008-021, § 2(25-72), 10-13-2008; Ord. No. 2016-008, § 1, 6-27-2016; Ord. No. 2017-014, § 1, 7-24-2017; Ord. No. 2020-021, § 4, 10-12-2020; Ord. No. 2022-009, § 7, 2-28-2022)

(a)

Purpose. It is the general purpose of the PUD district classification to:

(1)

Encourage enhancement and preservation of lands which are unique or of outstanding scenic, environmental, cultural and historical significance;

(2)

Provide an alternative for more efficient use of land, resulting in smaller networks of utilities, safer network of streets, promoting greater opportunities for public and private open space, and resulting in lower construction and maintenance costs to the general public;

(3)

Encourage harmonious and coordinated development of the site, considering the natural features, community facilities, pedestrian and vehicular circulation in conformance with the thoroughfare plan, and land use relationship with surrounding properties and the general area;

(4)

Require the application of professional planning and design techniques to achieve overall coordinated development, eliminating the negative impacts of unplanned and piecemeal development likely to result from rigid adherence to the zoning classifications and standards found elsewhere in this article.

(b)

Eligibility. The foregoing general purposes and comprehensive plan elements, along with such standards provided in this article, shall guide in the determination of eligibility for PUD application.

(c)

PUD designation procedure. The process for the filing of an application, requirements for notice and advertisement of a PUD application and other related actions shall be the same as those provided for in the zoning amendment process as described in section 42-279. In addition to the above, the applicant shall be governed by the following requirements:

(1)

Preapplication conference. Prior to submitting an application for approval of a PUD, the applicant or representative shall confer with the chief building official. The applicant is encouraged to submit a tentative land use sketch for review and to obtain any information on any projected plans, programs or other matters that may affect the proposed development. This information should include the:

a.

Proper relationship between the proposed development and surrounding uses, and the effect of the plan upon the comprehensive plan of the city;

b.

Adequacy of existing and proposed streets, utilities, and other public facilities and services within the proposed planned development;

c.

Character, design and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separations and screening between uses where desirable, and to preserve the natural amenities of streams, wooded areas, and similar natural features;

d.

Adequacy of open space and recreation areas, existing and proposed, to serve the needs of the development.

(2)

Submission of a preliminary PUD plan. After the preapplication conference, a formal application for a PUD district may be made to the planning and zoning commission in the same manner as an application for a zoning amendment is made. Prior to the approval of such designation, the applicant shall submit a preliminary plan. The following information shall be included in the preliminary plan:

a.

Ownership. All land included for purposes of development within a PUD district shall be owned by or be under the control of the applicant for such zoning designation, whether the applicant is an individual, partnership, corporation, or group of individuals. The applicant shall present proof of the unified control of the entire area within the proposed PUD district.

b.

Legal description of the site accompanied by a map at a scale suitable for reproduction for advertising for a public hearing.

c.

Site conditions map or series of maps that shall indicate the following:

1.

Title of planned development and name of developer;

2.

Scale, date, north arrow, and general location map showing relationship of the site to external facilities such as highways;

3.

Boundary of the subject property;

4.

All existing streets, buildings, watercourses, easements, section lines, and other important features within the proposed project. The location and size, as appropriate, of all existing drainage, water, sewer, and other utility provisions, and information about existing vegetative cover.

d.

Concept plan at the same scale as the above site conditions maps which shall indicate:

1.

Sketch plan for pedestrian and vehicular circulation showing the general locations and rights-of-way widths and the general design capacity of the system as well as access points to the major thoroughfare system;

2.

A general plan for the use of lands within the PUD. Such plans shall indicate the location, function and extent of all components or units of the plan, including low-, medium-, and high-density residential areas (indicating the proposed density for each category), open space provisions, community-serving recreation or leisure facilities, and areas for public or quasi-public institutional uses such as schools, churches and libraries;

3.

A statement indicating that proposed arrangements are made with the appropriate agencies for the provision of needed utilities to and within the planned development.

e.

Supportive report shall be prepared in conjunction with the above material and shall include:

1.

Total acreage involved in the project;

2.

The number of acres devoted to the various categories of land shown on the site development plan, along with the percentage of total acreage represented by each category of use and component of development, plus an itemized list of uses proposed for each of the components which shall be the range of uses permitted for that section of the planned development;

3.

The number and type of dwelling units involved for the overall site and for its components;

4.

A description of the projected service areas for nonresidential uses (e.g., neighborhood, community or regional);

5.

A statement and/or map indicating which streets and roads (and pedestrian ways as appropriate) are proposed for public ownership and maintenance and whether approval will be sought for private roads, if any, within the development;

6.

A statement and/or map on drainage which generally shows existing drainage conditions, wetlands, areas of frequent flooding, points of discharge from the project, and anticipated quantity of water generated from the development;

7.

A statement which shall indicate the proposed method of governing the use, maintenance and continued protection of open space and community-serving facilities.

f.

Development schedule. The development site plan shall be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. A development schedule, if adopted and approved by the city council, shall become part of the development plan and shall be adhered to by the owner, developer, and all successors in interest. Upon the recommendation of the planning and zoning commission and for good cause shown by the owner and developer, the city council may extend the development schedule or adopt such new development schedule as may be supported by the facts and circumstances of the case.

(3)

Submission of a final PUD plan. Before a building permit may be issued or before any development action on a proposed PUD may begin, the landowner shall submit a final plan to the planning and zoning commission. The submission may be for all of the land included within a proposed PUD site or for a part of the site. The submission shall include all of the information prescribed in subsection (c)(2) of this section and shall additionally include specifications, covenants, easements, conditions, bonds, or other information required by the commission.

(Ord. No. 2008-021, § 2(25-73), 10-13-2008)

(a)

An alternative financial services business may not be located on a site that is:

(1)

Within one-half mile of a site that contains another alternative financial services business use;

(2)

Within 1,000 feet of a property in a district in which a residential use is allowed or located;

(3)

Within a zoning district other than the Freeway Commercial (FC) and Hill mixed use (HMU) districts.

(b)

An alternative financial services business may only be located within a freestanding structure and may not be co-located in the same structure with other uses.

(Ord. No. 2014-012, § 2, 4-14-2014)