The use of land and buildings listed shall be in accordance with the following schedule of permitted uses. No land shall be used and no building or structure shall be occupied, erected, altered, removed, placed, demolished, or converted, or arranged or designed to be used or used for other than those uses specified in the zoning district in which located.

Legend for interpreting schedules of permitted principal and accessory uses:

P - Use permitted in district indicated.

S - Use may be permitted upon approval of specific use permit.

T - Use may be permitted as temporary use.

(Ord. No. 2017-23, § 2(§ A), 9-25-17; Ord. No. 2018-14, § 2(§ C), 5-21-18; Ord. No. 2019-09, § 2(§ A), 3-11-19; Ord. No. 2019-36, § 2(§ A), 12-16-19; Ord. No. 2022-28B, § 2, 12-19-22)

A specific use permit, when granted, allows the use of property that may be, based on location, characteristics of a site, and other criteria, compatible with other permitted uses.

The city council may, by an affirmative vote, after public hearing and proper notice to all parties affected, and after recommendation from the planning and zoning commission, adopt an ordinance to allow a specific use permit for property, after finding that the use is in general conformance with the comprehensive plan of the city, and containing such requirements and safeguards as are necessary to protect adjoining property.

A specific use permit may be granted for those uses indicated by "S" in the schedule of permitted principal uses.

1.

An application for a specific use permit shall be accompanied by a site plan meeting the requirements set forth in site plan approval (section 16) of these regulations. The city shall make available application forms specifying requirements. The city may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed.

2.

In considering whether a specific use permit be granted, the planning and zoning commission and city council shall determine that such uses are compatible with structures and uses of abutting property and other property in the vicinity of the premises under consideration and shall make recommendations as to any conditions for approval. In approving a specific use permit, the planning and zoning commission and city council may consider the following:

a.

Whether the use is compatible with surrounding existing uses or proposed uses;

b.

Whether the uses requested by the applicant are normally associated with the permitted uses in the base district;

c.

Whether the nature of the use is reasonable;

d.

Whether any negative impact on the surrounding area has been mitigated;

e.

That any additional conditions specified ensure that the intent of the district purposes is being upheld.

1.

In granting a specific use permit, the planning and zoning commission and city council may impose conditions that shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the chief building official for the building(s) on such property. Such conditions are precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing and made a part of the granting ordinance. A timeline may be imposed as a condition upon the granting of a specific use permit. If a time limit expires, unless the ordinance granting the specific use permit provides for the renewal of the specific use permit, the applicant shall follow these procedures.

2.

No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing (or drawings) and reviewed by the planning and zoning commission and approved by the city council.

3.

A building permit or certificate of occupancy shall be applied for and secured within six months from the time of granting the specific use permit, provided, however, that the building official may authorize an extension not to exceed six months. After six months from the date of approval has lapsed, unless extended by the building official, the planning and zoning commission and city council may review the site plan for compliance. If the site plan is determined to be invalid, the property owner(s) must submit a new or revised site plan for approval prior to any construction or application for building permit for the area designated for the specific use permit. A public hearing is required for consideration of the new site plan.

4.

No building, premises, or land use under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended specific use permit is granted for such enlargement, modification, structural alteration, or change. Minor changes or alterations may be approved by the building official, which do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, increase the density, building height, coverage of site, off-street parking ratio, or area regulations provided such changes are not contrary to the approved conditions.

5.

The board of appeals shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.

6.

When the city council authorizes granting of a specific use permit, the zoning map shall be amended to indicate that the affected area has conditional and limited uses.

The city finds that the unrestricted operation of certain sexually oriented businesses may be detrimental to the health, safety, and welfare by contributing to the decline of residential and commercial neighborhoods and the growth of criminal activity. In addition to the applicable requirements set forth in height and area regulations (section 12), the following regulations apply to sexually oriented businesses (SOB):

1.

Location. An SOB may be located not closer than 1,000 linear feet from an existing SOB. An SOB cannot be located closer than 1,000 linear feet, measured in a straight line from the nearest property line to the nearest property line, from the following uses that are located within the city:

a.

A child care facility;

b.

A school;

c.

A dwelling;

d.

A hospital;

e.

A public park;

f.

A church or place of religious worship;

2.

Parking. Twelve parking spaces per 1,000 gross square feet of building area.

3.

Lighting. Exterior lighting shall be designed to illuminate the entire property at an intensity of no less than six-foot candles per square foot.

4.

Signage. The following exterior signs are prohibited:

a.

Freestanding pole signs,

b.

Roof-mounted signs,

c.

Sign or sign copy designed to rotate, move or flash in any manner, or

d.

Temporary signs.

It shall also be unlawful for any sexually oriented business enterprise to exhibit advertisements, displays, or other promotional materials at the premises that are characterized by specified sexual activities or specified anatomical areas and are visible from a public place.

5.

Building design.

a.

Exterior building color for sexually oriented businesses including facade, doors, window frames, and all appurtenances, shall be limited to gray, tan, or beige.

b.

Roof color is limited to shades of gray, black, or brown.

c.

Trim color is limited to a shade of the principal color or the building or white.

d.

The activities or merchandise of a SOB shall not be visible from anywhere outside the building.

6.

Landscaping. Landscaping of a sexually oriented business shall consist of decorative ground cover only. Shrubs and trees that block visibility shall be strictly prohibited.

(Ord. No. 2017-23, § 2(§ B), 9-25-17)

The city finds that the unrestricted operation of certain game room businesses may be detrimental to the health, safety, and welfare by contributing to the decline of residential and commercial neighborhoods and the growth of criminal activity. In addition to the applicable requirements set forth in Height and Area Regulations (Section 12), the following regulations apply to game rooms:

1.

Location. A game room business may be located no closer than 1,000 feet from an existing game room business. A game room business cannot be located closer than 300 linear feet, measured in a straight line from the nearest property line to the nearest property line, from the following uses that are located within the city:

a.

a school

b.

a hospital

c.

a church or place of religious worship

2.

Parking. Twelve parking spaces per 1,000 gross square feet of building area.

3.

Lighting. Exterior lighting shall be designed to illuminate the entire property at an intensity of no less than six foot candles per square foot.

4.

Signage. Notwithstanding any other city ordinance, code or regulation to the contrary, it shall be unlawful for the operator, occupant, or owner of a gambling site not to clearly identify the site with a sign as required by Chapter 22, Article IV of the Code of Ordinances of the City of Nederland. The sign displayed should be one provided by the city with a white background with black Arial font lettering of 1.5 inches. The sign must clearly read "GAMING SITE" and may not include any advertisements. In addition, the following exterior signs are prohibited:

a.

Freestanding pole signs,

b.

Roof-mounted signs,

c.

Sign or sign copy designed to rotate, move or flash in any manner, or

d.

Temporary signs

5.

Building design.

a.

Exterior building color for game room businesses including façade, doors, window frames, and all appurtenances shall be limited to gray, tan, or beige.

b.

Roof color is limited to shades of gray, black or brown.

c.

Trim color is limited to a share of the principal color of the building or white.

d.

Every game room business shall have transparent, unobstructed windows or open space on at least one side so that the area is open to view by the general public passing by on a street. The game room business shall have no obstruction of such public view by the use of drawn shades, blinds, partitions, tinting or other structure or obstructions. This requirements may be waived or modified by the building official if the game room business owner(s) can demonstrate: (1) the site holds a valid, current on-premise license under Title 3, Subtitle B, Chapter 69 of Texas Alcoholic Beverage Code where the gaming machines or eight-liners are incidental to the primary business and (2) all of the site's gaming machines or eight-liners are visible upon entering the premises from the front door.

6.

Landscaping. Landscaping of game room business shall consist of decorative ground cover only. Shrubs and trees that block visibility shall be strictly prohibited.

(Ord. No. 2017-23, § 2(§ B), 9-25-17)

The city finds the need to list specific requirements to the specific use permit consideration when regulating tattoo parlors requesting to locate in C-2 (Neighborhood Retail) zoning districts. The minimum requirements are:

• That a tattoo parlor must be licensed by the State of Texas and be limited to a maximum of two employed tattoo artists having a valid state license;

• That the tattoo parlor's hours of operation be limited from 8:00 a.m. to 10:00 p.m. and be posted on the door;

• That the tattoo parlor be limited to one business sign located as either a wall or window sign with no flashing or rotating operation;

• That the tattoo parlor shall post a statement that services are by appointment only;

• That the tattoo parlor shall be located in a commercial building and not a residential dwelling located in a Neighborhood Retail (C-2) zoning district;

• That the tattoo parlor be a minimum of 300 feet from a school;

• That there be a limit of one tattoo parlor per street block.

The listed requirements are minimum requirements that shall be agreed to by the application; the listed minimum requirements shall be imposed on each request; and the listed minimum requirements do not limit the city from considering any and all additional requirements to ensure the compatibility of the use with surrounding uses or to mitigate any negative impact on the surrounding area. The listed minimum requirements for tattoo parlors only apply to tattoo parlors in Neighborhood Retail (C-2) zoning district, not tattoo parlors in higher commercial or industrial zoning districts.

(Ord. No. 2019-09, § 2(§ B), 3-11-19)

The city finds the need to list specific requirements to the specific use permit consideration when regulating massage therapists—licensed requesting to locate in C-3 (Highway Commercial) zoning district. The listed requirements are minimum requirements that shall be agreed to by the application; the listed minimum requirements shall be imposed on each request; and the listed minimum requirements do not limit the City from considering any and all additional requirements to ensure the compatibility of the use with surrounding uses or to mitigate any negative impact on the surrounding area. The minimum requirements are as follows:

Section 14.8.i. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Massage means and includes any process consisting in kneading, rubbing or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massage by duly licensed physicians or massage of the face practiced by duly licensed beauty parlors or barbershops.

Massage establishment means any place of business that advertises massage therapy or offers massage therapy as a service, but not a duly licensed physician, whether with or without the use of mechanical or therapeutic devices. The term shall not include a place of business where a licensed massage therapist practices as a solo practitioner in a manner consistent with the applicable provisions of V.T.C.A., Occupations Code § 455.155, as amended.

Massage parlor means any business in which massages are offered by a person who is not registered as a massage therapist under the State of Texas' Massage Therapy Registration Act (or applicable provisions of V.T.C.A., Occupations Code § 455.155) or who provides massages by touching specified anatomical areas or engaging in specified sexual activities. Massage parlors are subject to the applicable City of Nederland sexually oriented business regulations. Sexually oriented business has the meaning assigned by V.T.C.A., Local Government Code § 243.002 unless another meaning applies under local law.

Massage therapist means a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles.

Massage therapy means the manipulation of soft tissue. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, Swedish gymnastics, and reflexology, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, or hot and cold packs. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myo-therapy, body massage, body rub or any derivation of those terms. Massage therapy is a health care service when the massage therapy is for therapeutic purposes. As used in this article, the terms "therapy" and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy or podiatry is required by law. Massage therapy does not constitute chiropractic practice."

Nude means a person who is entirely unclothed or clothed in a manner that leaves uncovered or visible through fully opaque clothing any portion of the breasts below the top of the areola of the breasts or any portion of the genitals or buttocks.

Sexual contact includes any touching of any part of the genitalia or anus, any touching of the breasts of a female without the written consent of the female, kissing without the consent of both persons, deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, solicitation of prostitution, and promotion of prostitution, or any offer or agreement to engage in such activities, any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual, and inappropriate sexual comments about or to a client, including sexual comments about a person's body.

Section 14.8.ii. Regulations applicable to all massage establishments.

1.

All massage establishments seeking to locate in the City of Nederland shall be required to secure a Certificate of Occupancy permit through the Nederland Building Inspection Department and pass an inspection before opening for business. Upon permitting, a copy of this ordinance will be given to the applicant. The applicant shall read the ordinance for compliance instructions and then request the certificate of occupancy inspection.

2.

State regulations: a massage establishment or place of business that advertises massage therapy or offers massage therapy or other massage services must be licensed in accordance with V.T.C.A., Occupations Code chapter 455 and title 16, Texas Administrative Code, chapter 117, as such chapters may be amended.

3.

A valid and current massage therapist or massage establishment license must be displayed and easily viewable within the lobby or waiting area.

4.

A massage establishment shall not be operated between the hours of 10:00 p.m. and 8:00 a.m. on any day.

5.

All doors of a massage establishment shall remain unlocked during normal business hours.

6.

All customer access to the massage establishment shall occur at the massage establishment's front door.

7.

The storefront windows of a massage establishment must be transparent and provide an unobstructed view from the outside into the lobby, waiting area, or lobby and waiting area.

8.

A massage establishment shall not locate or maintain an automatic teller machine (ATM).

9.

A person shall not live or dwell within a massage establishment or use a massage establishment as sleeping quarters.

10.

It shall be the duty of every person conducting or operating a massage establishment to keep the establishment at all times in a clean and sanitary condition. All instruments and mechanical or therapeutic devices, or parts thereof, that come into contact with the human body shall be sterilized by a modern and industry-approved method of sterilization before initial use, and any such instruments and devices, or parts thereof, after having been used upon one patron, shall be sterilized before being used upon another, and shall be rendered free from harmful organisms in a manner consistent with applicable state and local laws and regulations. Towels and linens furnished for use by one patron shall not be furnished for use by another until thoroughly laundered.

11.

All massage therapists in a massage establishment shall wash their hands thoroughly before administering massage therapy to each patron accommodated. It is unlawful for a person suffering from a communicable disease to be employed by a massage establishment. No owner, manager, keeper, custodian, operator or employee or contractor of a massage establishment shall knowingly accommodate a person suffering from a communicable disease as a patron therein.

12.

A massage establishment shall only employ or contract with licensed massage therapists to perform massage therapy or other massage services. Required documentation for each person providing massage therapy or other massage services shall include:

i.

a copy of the current massage therapist license,

ii.

proof of eligibility to work in the United States, and

iii.

if an employee, a completed I-9 form or if under an independent contractor or contract labor agreement, a copy of the contract signed by the owner or operator and the licensed massage therapist.

13.

The manager or person in charge of the massage establishment shall keep a list of the names, addresses, date of birth, driver's license number, and state massage therapist license number of all employees or contractors, both on-duty and off-duty, and such list, in accordance with the law, shall be immediately available during regular business hours for inspection upon the request of any law enforcement officer. All employees or contractors of the massage establishment shall wear a badge or name tag while on-duty that identifies the name of the massage establishment, the name of the employee/contractor, and includes a photograph of the employee/contractor.

14.

The persons managing, keeping, or operating a massage establishment shall be responsible for the acts of their employees or contractors in the conduct of such business. This section does not relieve an owner or an employee or contractor of potential liability pursuant to this article.

15.

The officers of the police and fire departments and code enforcement officer are hereby authorized and empowered to enter massage establishments at any reasonable time for the purpose of inspection and for the preservation of law and order and decency. If entry and access to the premises of the massage establishment is denied, entry may be made under the authority of a warrant to inspect the massage establishment.

16.

A massage establishment shall display in the form and manner prescribed by the Texas Commission of Licensing and Regulation a sign concerning services and assistance available to victims of human trafficking. The sign must be in English, Spanish, Korean, Mandarin, and other language required by Texas Commission of Licensing and Regulation rule, include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking, include the contact information for reporting suspicious activity to the department of public safety, and be displayed in a conspicuous place clearly visible to the public.

17.

A massage establishment shall properly maintain and secure for each client the initial consultation documents, all session notes, written consent notes, and related billing records.

Section 14.8.iii. Prohibited operations.

1.

It shall be unlawful for any person operating a massage establishment to employ, in any capacity therein, any person who has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for an offense involving prostitution or another sexual offense, or the practice or administration of massage therapy at or for a sexually oriented business.

2.

It shall be unlawful to employ an individual who is not a United States citizen or a legal permanent resident with a valid work permit or to employ a minor unless the minor's parent or legal guardian authorizes in writing the minor's employment by the massage establishment.

3.

It shall be unlawful to operate a massage establishment as a sexually oriented business.

4.

It shall be unlawful for the persons managing, keeping, or operating a massage establishment, the employees or contractors of the massage establishment, and/or the patrons of the massage establishment to engage in sexual contact in the massage establishment.

5.

It shall be unlawful for a person to commit a crime or offense involving prostitution or other sexual offense resulting in a conviction, or to which a plea of nolo contendere or guilty was entered or deferred adjudication was received, on the premises of a massage establishment.

6.

It shall be unlawful for a massage establishment to allow a nude or partially nude employee or contractors to provide massage therapy or other massage services to a customer.

7.

It shall be unlawful for any person operating a massage establishment to offer bathing or showering services.

8.

It shall be unlawful for any individual to practice massage therapy in the nude or in clothing designed to arouse or gratify the sexual desire of any individual.

Section 14.8.iv. Revocation of certificate of occupancy.

1.

Revocation authority. The city's building official may revoke the certificate of occupancy of a massage establishment for violations of this ordinance.

2.

Notice. If violations of the zoning ordinance or state law are found upon inspections, the city shall specify a reasonable period of time for the corrections of the violations found. Correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:

a.

If a prohibited operation, as described herein and in Ordinance No. 2022-28, the massage establishment shall immediately cease operations. Operations shall not resume until authorized by the city.

b.

All violations shall be corrected as soon as possible, but in any event within ten business days following inspection.

c.

Within 15 business days after the inspection, the holder of the permit shall submit a written report to the city building official stating that the violations have been corrected. A follow-up inspection shall be conducted to confirm correction.

3.

Each massage establishment inspection report shall state than, if an operation is not a prohibited operation, failure to comply with any time limit for corrections may result in cessation of the business operations.

4.

Cessation of operations. Whenever a massage establishment is required under these provisions to cease operations, it shall not resume operations until such time as a re-inspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.

(Ord. No. 2022-28B, § 2, 12-19-22)

The following temporary uses may be allowed under the conditions and for the time specified upon proper application and review by the building official:

1.

Residential temporary outdoor sales, such as a yard sale or garage sale, are allowed in the residential zone for no longer than two consecutive days and no more than four total days per month.

2.

A temporary building may be used as a construction office if it is located within the same subdivision, contains no living quarters, and provides for no uses not incidental to construction on the premises. Such building shall be removed within 30 days following final acceptance of the construction of the primary building(s) by the city. Additional temporary construction buildings and storage trailers may be allowed for nonresidential subdivisions with the approval of the building official. A temporary construction office for commercial buildings shall be located on the same lot as the construction.

3.

A temporary sales office may be located within the approved residential subdivision. This office should be used for display purposes in order to enhance the sales of residential structures within the subdivision. No more than one sales office shall be allowed for any one builder in any subdivision, unless a model home park is developed. Such temporary use shall be allowed for a period of one year, with extensions upon application and approval of six months possible, provided the builder has unsold lots remaining in the subdivision, and the office continues to be in use and properly maintained.

4.

A temporary model home park may be allowed for the display and sales of residential structures within the subdivision. A site plan shall be provided and shall conform to the following requirements:

a.

All temporary fencing shall be on private property;

b.

Temporary fencing shall include openings for fire access or, if gated, shall be constructed with fire department approved locks;

c.

All temporary walks and parking lots shall be shown on the site plan; and

d.

All evidence of the temporary facilities shall be removed upon expiration of the permit and prior to a request for conversion of the certificate of occupancy to a single-family use.

5.

Temporary accessory buildings for church, public or private school use are subject to the following conditions:

a.

Temporary accessory buildings for church, private or public school use constructed of alternate exterior building materials are allowed by permit for a maximum of 24 months. Thereafter, the permit may be renewed by the city council on an annual basis for additional periods of 12 months each if active preparation and/or efforts have or are being taken in completion of the development that necessitated the temporary accessory buildings;

b.

Alternate exterior building material if of noncombustible construction and in accordance with the city's building and fire prevention codes.

c.

Prior to the expiration of the specified period, the temporary accessory building shall be removed;

d.

Not more than three temporary accessory buildings shall be allowed on the same site, lot or tract of land for church or private school use;

e.

Temporary accessory buildings shall not exceed 840 square feet in size and one story in height; except 1,792 square feet shall be allowed for public schools; and

f.

Temporary accessory buildings shall meet the area regulations of the zoning district in which located.

g.

Temporary accessory buildings are not permitted without a main structure on the same site, lot or tract.

h.

Each temporary accessory building shall be constructed in such a manner that it shall be portable, easily transportable, and capable of being moved. The building official shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated by the proposed use; health and sanitary conditions; and compliance with other regulations within these regulations or other city ordinances. The building official shall have the right to revoke any temporary use permit at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within ten days of notification of such finding.

6.

Temporary sales of seasonal products such as firewood, plants, fruits and vegetables and the like may be allowed during their normal and generally accepted season subject to the following provisions:

a.

Issuance of permits for temporary outdoor sales of seasonal products are allowed in any zone except residential zones;

b.

Permits shall be valid for no more than 60 days per year.

c.

A site plan is required with an application showing the following:

i.

Setbacks, a minimum of 20 feet from all property lines;

ii.

If the use is to occupy a paved area currently used for parking, then the parking that this use displaces must not be required parking for the existing commercial uses. A minimum of five parking spaces for the temporary use must be provided on site. The required parking for the existing retail or commercial use shall not be used to satisfy this parking requirement for the temporary use.

d.

The area for display shall be no more than 200 square feet, being generally square or rectangular in shape, with a maximum length of 25 feet and a minimum width of eight feet. Examples would be ten feet by 20 feet, or eight feet by 25 feet.

e.

Charitable, religious, educational or public service, civic organizations are exempt from all fees.

f.

All tents or similar temporary structures shall be approved by the fire marshal, prior to erection.

g.

This provision does not apply to temporary outdoor services such as mobile blood banks, mammography screening, eye screening, or similar medical services for humans.

h.

The application for a temporary use shall also include a true copy of the sales tax permit that designates the city as point of sale.

i.

Temporary sales of fruits and vegetables for off-premises consumption shall be allowed; however, the products must remain whole, and not be cut or opened in any manner.

7.

Temporary sales of Christmas trees during the normal and generally accepted season subject to the following provisions:

a.

Issuance of permits for temporary outdoor sales of Christmas trees shall be limited to areas zoned for retail or commercial uses, or any church property;

b.

Sales may not begin prior to November 1.

c.

Sale site must be cleaned and vacated by January 5.

d.

Sales activities shall be set back a minimum of 20 feet from all property lines.

e.

A site plan is required with an application showing the following:

i.

Setbacks, a minimum of 20 feet from all property lines; and

ii.

If the use is to occupy a paved area currently used for parking, then the parking that this use displaces must not be required parking for the existing commercial uses. A minimum of five parking spaces for the temporary use must be provided on site. The required parking for the existing retail or commercial use shall not be used to satisfy this parking requirement for the temporary use.

f.

All tents or similar temporary structures shall be approved by the fire marshal, prior to erection.

g.

The application for a temporary use shall also include a true copy of the sales tax permit that designates the city as point of sale.

h.

Fees for temporary use permits for Christmas trees shall be $25.00 or as established by council. Local religious and nonprofit civic groups are exempt from fees.

8.

Following the conditions and requirements outlined below, mobile vendors are allowed to sell merchandise and/or food and drink in the City of Nederland in the zoning districts listed in the Schedule of Permitted Uses for no more than 36 total days per year. Mobile vendors as a non-profit club or organization are allowed to sell merchandise and/or food and drink only in the City of Nederland zoning districts listed in the Schedule of Permitted Uses for no more than 14 consecutive days and no more than 30 total days per year.

DEFINITIONS

Concession means an enterprise which operates in the open and/or utilizes a non-permanent structure and that makes available for sale perishable goods or commodities.

Food truck/trailer means a mobile concession establishment that is self-sufficient and readily moveable.

Mobile concession means a concession that moves from location to location providing their services.

Special event means an event organized and permitted by the business establishment for the temporary promotion and advertisement for the benefit of the business establishment, whether for profit or non-profit or for a city-sponsored event or city-authorized event; in which, the setup is completely on the establishment's private property.

PERMIT REQUIRED

1.

No person shall conduct a concession in the City without a permit.

2.

A temporary permit may be obtained for each special event. An applicant may receive a temporary permit no more than 12 times and no more than once a month during a calendar year (January 1 ^st through December 31 ^st ). The temporary permit is valid for three consecutive days. Rain-outs or other weather-related issues do not extend or amend the 3-day permit period.

3.

The permit is valid upon payment of the permit fee and necessary inspection(s).

4.

Permits shall not be issued during the week of the Nederland Heritage Festival.

PERMIT FEE

Temporary Permit Fee .....$50.00

PROCEDURE FOR APPROVAL AND APPLICABLE STANDARDS

1.

The applicant must have a brick and mortar business located in the city limits of Nederland or the principal owner must be a resident living at a home utilizing a homestead exemption in the city limits of Nederland.

2.

The application shall be submitted to the building official at least ten business days prior to the first date the contemplated concession is to take place.

3.

Application submittal requirements may include, but not be limited to, the following:

a)

Completed written application;

b)

Valid legal identification;

c)

Proof of insurance and/or bond, in accordance with requirements established by the city;

d)

Site plan (each location of a concession shall be considered a separate business; therefore, a separate permit shall be required for each location);

e)

Proposed signage;

f)

A Jefferson County Health Department permit is required at the time of application. Any concession must adhere to all county health department requirements;

g)

Copy of the current signed lease or approval from the property owner to utilize the property from which the concession is to be conducted;

h)

State sales tax identification number and the city shall be indicated as the origin of sales;

4.

Location standards.

a)

Permits are valid in Office Commercial, Neighborhood Retail, Highway Commercial, Light Industrial, Medium Industrial and Heavy Industrial zoning districts;

b)

Food trucks/trailers cannot block fire hydrants, fire lanes, fire department connections, and entrances/exits for adjacent structures;

c)

A food truck/trailer shall not conduct business within 100 feet of the primary entrance of an open and operating food service establishment. This buffer may be reduced upon the city receiving written, notarized permission from the owner of said establishment;

d)

A food truck/trailer shall not obstruct any entrances to or exits from a structure.

5.

The following regulations shall apply:

a)

The proposed site of the concession may not include or be located within any required parking space(s) for a permanent business(es), unless written consent is granted by the property owner and the city's parking space requirements continue to be met. The business shall maintain the necessary number of parking spaces and shall not interfere with drive aisles;

b)

A food truck/trailer may not be located in the public right-of-way, state highway department right-of-way or driveway and any serving window shall maintain a minimum setback of five feet from the street right-of-way. Exception - city-sponsored events;

c)

A food truck/trailer shall move and vacate the premises of the business location on a daily basis; overnight parking is prohibited;

d)

For purposes of this section, structures that are manufactured for a use other than mobile vending may not be used. Examples of acceptable vehicles include, but are not limited to, vehicle equipped with serving windows, merchandise display equipment, kitchen preparation areas, and advertisement display section. Approved structures must adhere to the following:

i.

No cracked windows;

ii.

No visible rust or disrepair;

iii.

No offensive images or language may be on the concession or signs;

iv.

No emission of noxious gases, odors, and/or fumes;

e)

Shall not operate from a vehicle such as a passenger (pickup) truck, flatbed trailer, mobile home, automobile, or passenger van;

f)

A food truck/trailer must be able to relocate within four hours of an emergency declaration by the city;

g)

The food truck/trailer shall be maintained in a clean and sanitary manner and shall not allow the accumulation of stagnant water;

h)

Food trucks/trailers shall operate from a licensed commissary for food preparation, storage, and disposal. A copy of the last commissary report shall be located on the food truck/trailer and provided upon request.

i)

Food preparation must meet the county health department regulations;

j)

A food truck/trailer must have a water source as approved by the county health department and provide a free-standing pole or on-board generator for electrical service;

k)

A maximum of two signs shall be permitted at each food truck/trailer. The cumulative square footage may not exceed the face of the structure. Flashing and/or intermittent lighting signs are prohibited. No signage may exist within the city right-of-way. The concession shall not use noise, lighting, or windblown devices as a means of attracting attention to the business;

l)

Shall not be permitted within 50 feet of an existing residential structure. Measurement shall be from the window of the concession to the primary door of the residential structure.

m)

Must display the permit in a conspicuous location on the food truck/trailer;

n)

Each food truck/trailer must have a litter receptacle available, clearly marked and maintained for patron use. Emptying and disposal of litter receptacle is the responsibility of the operator;

o)

Shall be located within 100 feet of a restroom available for food truck/trailer staff;

6.

Fire safety requirements.

a)

Food trucks/trailers shall be inspected by fire department personnel prior to operating in the city and, at a minimum, annually;

b)

Food trucks/trailers shall not be located where they may interfere with any fire lane, fire department connections, fire hydrant, or entrance/exit access of any structure;

c)

Food truck/trailer staff shall be trained on the use of fire extinguishers and exhaust hood extinguishment systems, propane safety procedures, and refueling procedures, as applicable;

d)

Food trucks/trailers shall include one 10-BC fire extinguisher (general use) and other such fire extinguishers, appropriate for the cooking situation, as required by the fire department. All fire extinguishers shall include current inspections tags and be in working order;

e)

Concessions electrical system and power cords shall be safe and in good working condition;

f)

Generators shall be located at least ten feet away from buildings, structures, vehicles, or other combustibles;

g)

Fuels shall be properly stored in approved Underwriter's Laboratory approved containers, away from heat sources;

h)

Propane tanks shall be secured, stored upright, and be within hydrostatic test date;

i)

All means of ingress/egress shall be clear and free from hazards.

7.

The building official, or designee, reserves the right to deny, suspend, and/or revoke a permit based on any, but not limited to the following:

a)

Dangerous food truck/trailer placement or other threat to public health, safety and/or welfare; and

b)

Non-compliance with permit conditions or city Code provisions.

INSPECTION AUTHORITY

The city, the county health department, and/or state agencies may inspect at any time to ensure compliance with applicable codes, regulations, and/or requirements.

PENALTY

1.

A violation under this section is a Class C misdemeanor offense punishable upon conviction by a fine not to exceed $500.00 per offense. Each day shall constitute a separate offense.

2.

A violation under this section may result in the temporary permit being revoked and an applicant being unable to receive another permit for a minimum period of six months.

3.

Pursuant to state law and this article, the maximum penalty for offenses arising under such code or ordinance of the city governing fire safety, zoning, public health and sanitation, shall not exceed the sum of $2,000.00.

4.

If such maximum penalty provided for by this article or any such offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the state, then the maximum penalty for violation as provided by state statute shall be the maximum penalty under this Code.

5.

Penalties provided for are in addition to any other enforcement remedies that the city may have under city ordinances and state law.

NON-PROFIT CLUBS OR ORGANIZATIONS

Mobile vendors as a non-profit club or organization are allowed to sell merchandise and/or food and drink only in commercial or industrial districts in the City of Nederland for no more than 14 consecutive days and no more than 30 total days per year. The above-listed regulations do not apply to this category excluding the parking space requirement. No permit fee shall be charged.

9.

Carnival, circus, fairgrounds, parking lot sales, sporting events, political rallies and the like may be allowed, provided the use conforms to all other codes and standards established by this and other ordinances, and may be allowed for a period not to exceed 30 days.

(Ord. No. 2019-36, § 2(§ B), 12-16-19)

A site plan is required for certain development applications to ensure efficient and safe land development, compatible use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage, and other utilities.

No building permit shall be issued for the following unless a site plan is first approved by the city:

1.

Any nonresidential development.

2.

Any multi-family development or mobile home park.

3.

Any development with two or more buildings per platted lot.

4.

Any planned development, specific use or temporary use permit.

No building permit shall be issued except in conformance with the approved site plan including all conditions of approval. No certificate of occupancy shall be issued unless all construction and development conform to the approved site plan as approved by the city. A public hearing on a site plan is not required except in conjunction with a specific use permit or when required by a "PD" planned development district.

The site plan shall be drawn to scale and shall include the following information:

1.

Name, address and description of project.

2.

North arrow.

3.

Legal description.

4.

Property lines with dimensions.

5.

Location of proposed building(s) and structures with floor area.

6.

On-site and off-site circulation (including truck loading and pickup areas). Public streets, private drives and fire lanes with pavement widths, right-of-way, median openings, turn lanes (including storage and transition space), and driveways (including those on adjacent property) with dimensions, radii, surface type, and distances between driveways.

7.

Parking areas and structures, including the number of parking spaces provided and required, and layout of standard spaces, handicap spaces, the location of ramps, crosswalks and loading areas with typical dimensions and surface type.

8.

Existing/proposed fences and screening where required (including heights and materials).

9.

Existing/proposed drainage plan.

10.

Existing/proposed impervious surfaces.

11.

Owner's name, address, fax, e-mail and phone number.

12.

Design firm, contact person, address, fax, e-mail and phone number.

13.

Zoning (list special conditions, height/setback area regulations).

14.

Lot area (acreage and square footage).

15.

Building square footage (for each floor).

16.

Building height (stories and feet).

17.

Type and location of exterior lighting and photometric analysis for such lighting.

18.

Concrete sidewalks.

19.

Dumpster and trash compactor locations and screening.

20.

Location of off-site improvements, including adjacent drives, existing and proposed median cuts, parking, buildings or other structures within 200 feet of subject property.

21.

Indicate adjacent property subdivision name/owner, property lines, zoning.

22.

Building elevations drawn to scale for new construction or existing facility where facade is being altered, identifying the exterior construction materials.

23.

Landscape plan, with proposed landscape materials.

24.

Supplemental requirements. The building official may require other information and data for specific site plans, including but not limited to traffic analysis, road capacities, hours of operations, perspective drawings, lighting, and similar information.

The building official shall review the site plan for the following:

1.

Compliance with all provisions of the ordinance, the objectives of the comprehensive plan, the major thoroughfare plan and other ordinances of the city.

2.

The building official or designee shall review and approve, approve with conditions, or deny all site plans except for specific use permits, specific use permit (conditional), planned development districts or other districts requiring public hearings.

3.

Appeals. The applicant may appeal any decision of the building official to the zoning board of appeals within 30 days after the written request for appeal is made. The decision of the planning and zoning commission may be appealed to the city council, whose decision shall be final within 30 days.

4.

Site plan approval shall expire if construction has not commenced within one year of the date of final approval. The building official shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation, building locations or any conditions specifically made as part of any city council approval.

The purpose of a certificate of occupancy inspection is to insure that all aspects of the plans that were approved for a building permit have been complied with verifying such with an onsite visual inspection of the project. The purpose of a certificate of occupancy inspection for existing commercial structures is to insure that all uses are in compliance with the schedule of permitted use table (section 13) and to insure by visible inspection that all existing fire and safety specifications are in place and of proper working order.

At the completion of a building project, a request for a certificate of occupancy inspection shall be made to the inspection department for the following types of projects:

a.

New residences;

b.

New commercial buildings;

c.

Additions to existing commercial buildings; and

d.

Additions to existing residences.

e.

Changes in occupancy classification.

A certificate of occupancy shall be issued by the inspection department following verification that all aspects of the plans that were approved for a building permit have been followed.