Adult entertainment shall be subject to the following standards:

A.

Separation from Other Adult Entertainment Uses. The building housing an adult entertainment establishment shall not be located within one thousand (1,000) feet of any other adult entertainment use. This area shall be defined by a radius of one thousand (1,000) feet from the center point of the subject building.

B.

Separation from Other Uses. The building housing an adult entertainment establishment shall be located at least one thousand (1,000) feet from the following uses:

1.

Religious assembly;

2.

Park;

3.

Library;

4.

Cultural service;

5.

Child care center;

6.

Elementary or secondary school; or

7.

Community center.

C.

Prohibited Activities. An adult entertainment use shall not be conducted in any manner that provides the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," from any public right-of-way. This provision shall apply to any display, decoration or show window.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2017, § 3, 5-18-10; Ord. No. 2065, § 1, 2-5-13)

These uses are permitted in accordance with the use table, provided such uses are a minimum of three hundred (300) feet from any church, school or hospital, or any R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, R-8, Single-Family Residential, or R-8D, Two-Family Residential district boundary. All such uses shall meet the licensing requirements of the Texas Alcoholic Beverage Commission (TABC).

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, § 7, 10-7-14)

Any commercial entertainment or amusement, including bowling alleys, shall be located at least one hundred (100) feet from any residential district boundary. An Amusement Redemption Machine Establishment shall be subject to these additional requirements:

1.

Separation from Other Amusement Redemption Machine Establishments. An Amusement Redemption Machine Establishment shall not be located within three hundred (300) feet of any other Amusement Redemption Machine Establishment. This distance shall be measured from property line to property line (including off-site parking lots).

2.

Separation from Other Uses. An Amusement Redemption Machine Establishment shall be located at least three hundred (300) feet from the following uses: residential, religious assembly, library, cultural service, child care center, elementary or secondary school, or community center. This distance shall be measured from property line to property line (including off-site parking lots).

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1076, § 3, 6-17-03)

A.

Definitions.

1a.

Amusement Redemption Machine: An amusement redemption machine is a skill or pleasure coin-operated machine that is designed, made and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, novelties, or a representation of value redeemable for those items.

1b.

Amusement Redemption Machine: Included in the foregoing, an amusement redemption machine is any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise, prizes, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten (10) times the amount charged to play the game or device once or five dollars ($5.00), whichever is less.

2.

Coin-Operated Machine: A coin-operated machine includes a machine or device operated by the payment or insertion of paper currency or any other consideration.

3.

Representation of Value: A representation of value includes cash paid under authority of sweepstakes contests as provided in the Texas Business and Commerce Code, Chapter 43[B], or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.

B.

Excluded Machines: An amusement redemption machine does not include:

1.

A machine that awards the user non-cash merchandise prizes, toys, or novelties solely and directly from the machine, including claw, crane, or similar machines; nor

2.

A machine from which the opportunity to receive non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user's ability to throw, roll, flip, toss, hit, or drop a ball or other physical object into the machine or a part thereof, including basketball, skee-ball, golf, bowling, pusher, or similar machines.

3.

A machine or any device defined in Section 47.01, Penal Code, as a gambling device, or any activity prohibited or described in Chapter 47, Penal Code.

(Ord. No. 1068, § 1, 2-4-03; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Fee: An owner, operator, or lessee of premises on which an amusement redemption machine is made available to others shall be required to secure a permit by paying to the City an annual inspection and amusement redemption machine premise permit fee of three hundred dollars ($300.00) per machine.

Expiration and Renewal: Annual Amusement Redemption Machine Premises Permits issued by the City shall automatically expire on the 31st day of December following its issuance, except as otherwise stated herein. Such permit shall automatically expire if the holder thereof sells, transfers equity, or otherwise disposes of such devices. The City shall not refund any portion of an amusement redemption machine premises permit after the permit is issued, nor shall it prorate or reduce in amount any fee due to the City.

B.

Late penalty: Upon the expiration of a permit, and within thirty (30) days thereafter, the person making the device available to others shall obtain a renewal thereof in the same manner as an original permit if they wish to continue operating premises on which an amusement redemption machine is made available to others. Failure by a person to pay this fee within thirty (30) days will require such person to pay an additional late fee in an amount equal to twenty (20) percent of the fee actually due or twenty (20) percent of the previous year's fee, whichever is greater.

C.

Sealing: The City shall have the authority to seal any coin-operated machine located at an establishment for which an amusement redemption machine premises permit fee has not been secured. A five dollar ($5.00) fee will be charged for the release of any machine sealed for non-payment of said amusement redemption machine premises permit fee.

D.

Posting of Permit: The permit shall be conspicuously posted inside the building.

E.

Revocation of Permit: The City Council may revoke any permit to maintain and operate premises on which an amusement redemption machine is made available to others when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of State law or this Ordinance. After such conviction, the license may be reissued if the circumstances leading to conviction have been remedied and the premises are being maintained and operated in full compliance with law and this Ordinance. Provided, however, that an owner, operator, or lessee of premises on which an amusement redemption machine is made available to others, who is found to be in violation of this Ordinance based on a finding that the number of amusement redemption machines exceeds the number for which the premises is permitted shall be required to pay an amount equal to twice the difference of the original permit fee and the permit fee required for the number of machines actually on the premises.

F.

By issuing the required permit, the City of Portland is not certifying the installation or use of the amusement redemption machines or implying in any way that such machines comply with applicable law. In applying for a permit, the applicant shall acknowledge that the City of Portland is not certifying or sanctioning the installation or use of such machines. The City of Portland and applicant shall acknowledge that the installation and use of such machines may be found to violate state law. In the event the installation and or use of such machines is found to violate any law, applicant shall acknowledge that any permit fee paid belongs to the City of Portland and will not be refunded.

(Ord. No. 1068, § 1, 2-4-03; Ord. No. 2306, § 1(Att.), 5-6-25)

Home Occupations shall be designated as Type 1 and Type 2.

Home Occupation Type 1 is any occupation or profession carried on by a member of the immediate family residing on the premises, provided no commodity is sold upon the premises; no person is employed other than a member of the immediate family; and no mechanical equipment is used except such as is permissible for domestic purposes.

Home Occupation Type 2 is an office of a resident physician, dentist, or similar professional, when located within and a part of a dwelling, limited however to one (1) employee outside the immediate family.

Uses such as Contractors Storage Yard, Off-site Parking, Engine or Auto Repair (when the engine or auto is not owned by a resident) or any activity which is not normally found in a residential neighborhood shall not be considered a Home Occupation and shall be allowed only in the proper Zoning District.

(Ord. No. 1001, § 1, 12-21-99)

A.

Any trade, industry or use which, in the opinion of the Administrative Official, is in conflict with the laws of the State of Texas or the Ordinances of the City of Portland shall, after consideration by said Administrative Officer, be referred to the Fire Marshal and the Public Health Officer, or other persons discharging the duties of both officers for the City of Portland, for advice and recommendation.

B.

If it is determined that the location desired and the use requested will not be dangerous to the health, safety and public welfare of the City in general and the surrounding neighborhood in particular, the application may be approved. However, if it is determined that the use requested at the location indicated will endanger the safety of the City and surrounding neighborhood by reason of fire or explosion, or that the use desired at such location will seriously affect the health, welfare and comfort of the City and surrounding neighborhood the application may be denied.

C.

The decision shall be appealable to the Board of Adjustment.

(Ord. No. 1001, § 1, 12-21-99)

Manufactured housing may be permitted in accordance with the use table, subject to the following provisions.

A.

All manufactured housing must be HUD-Code certified. Mobile homes are not permitted.

B.

Recreational vehicles shall not be used for habitation or occupancy within the City limits except when legally occupying a leased space in a Recreational Vehicle Park.

C.

Manufactured housing shall not be located upon any public street or any other place or premises belonging to the City of Portland or over which the City has complete jurisdiction; or temporarily parked for a period longer than three (3) hours on any private lot, tract or parcel of land in the City of Portland, except for the following:

1.

In existing manufactured home parks or manufactured housing subdivisions except in OT-2, Olde Town Mixed Use where a manufactured home may be permitted by Special Use Permit when it conforms to C below, subparagraphs 1, 2, 4, 6, 7, and 8.

2.

As temporary housing during times of emergency as authorized by the Mayor of the City of Portland.

D.

Site Design Standards. All manufactured housing development shall meet the applicable provisions of the following:

1.

Foundations. All manufactured housing shall rest upon permanent foundations. Permanent foundations shall consist of concrete footings and concrete walls or piers designed and built in accordance with the City of Portland Construction Codes. Manufactured housing chassis or frames shall be anchored to the foundation in a suitable manner acceptable to the Building Official. All manufactured housing units shall have skirting installed around the base of the units, unless the foundation acts as skirting, prior to issuance of a Certificate of Occupancy.

2.

Additions. Structures of a permanent nature added or attached to a manufactured housing, such as enclosed porches, screened enclosures, storage closets and carports, shall conform to all applicable provisions of the City of Portland Construction Codes. The total combined area of all such additions, except carports, shall not exceed the gross area of the mobile home or manufactured housing itself.

3.

Utilities. Each lot shall be supplied with water, sewer, electrical, (natural gas if applicable,) telephone and other services with such services to be underground.

4.

Safety. Electrical grounding acceptable to the Building Official and hurricane tie-downs that meet Texas Windstorm requirements established by the Texas Department of Insurance for the City of Portland.

5.

Buffer Areas. A manufactured housing subdivision shall be surrounded by a screening fence or other screening device as approved by the City. Height of such screening device shall be eight (8) feet above average grade. Planted vegetation no less than five (5) feet wide along the outer perimeter of the fence shall be required.

6.

Building Height. No dwelling shall exceed one story or fifteen (15) feet.

7.

Home Size. Minimum size for manufactured housing shall be no less than four hundred eighty (480) square feet.

8.

Carports and Driveways. A manufactured home situated within the OT-2, Olde Town Mixed Use district and not within a manufactured housing subdivision must have at least a single car carport with a driveway constructed of either concrete or brick pavers.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1195, § 2, 9-16-08; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

On all existing rights-of-way of railroad companies, regardless of the district in which such right-of-way is located, railroad trackage and accessories to railroad movement may be constructed or maintained.

(Ord. No. 1001, § 1, 12-21-99)

Self-service storage facilities shall meet all Nonresidential Design Guidelines and the requirements that follow:

A.

Said facilities shall have sufficient security lighting so as to service client security needs so that no part of the ingress and egress driveway is unlighted at night.

B.

The owner/operator of said facility shall require a written agreement with tenants to prohibit the storage of hazardous materials.

C.

Minimum isle widths of twenty-four (24) feet shall be maintained between buildings for emergency vehicle ingress and egress.

D.

Outside storage shall be prohibited except in OT-2, Olde Town Mixed Use and I, Industrial districts.

E.

Adequate provisions shall be made by the mini-storage owner for the disposal and removal of trash and debris. Loading and unloading of dumpsters shall be accomplished on the storage facility property and shall not encroach on public or adjacent property.

F.

Any facility used as an accessory to the mini-storage facility, including but not limited to business offices, manager residence quarters, etc., shall have appropriate parking facilities for the uses intended.

G.

Storage facilities may not be placed on a lot within two hundred (200) feet of an R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, R-8, Single-Family Residential, R-8D, Two-Family Residential, R-15, Townhouse Residential, RMH, Manufactured Housing, R-20, Multifamily Residential, RST, Multifamily Resort, OT-1, Olde Town Residential, OT-2, Olde Town Mixed Use or P, Professional Office district boundary.

H.

Outside storage areas in OT-2, Olde Town Mixed Use shall incorporate a buffer design and landscaping including the following elements:

1.

A decorative or opaque fence consisting of conventional fencing materials eight (8) feet in height and set back from the lot line a minimum of ten (10) feet; and

2.

Areas between the lot line and the outside of the decorative or opaque fence shall incorporate landscaping in its development design. The following elements shall be incorporated in the landscape design:

a.

Sod or other permanent vegetative ground cover (see Table 3. Grasses in Section 709 Buffers and Landscaping);

b.

Herbaceous perennials and decorative grasses incorporated for effect (see Table 3. Grasses in Section 709 Buffers and Landscaping);

c.

Small trees/shrubs no less than three (3) feet in height at the time of installation spaced no more than ten (10) linear feet apart (see Table 1. Small Trees/Shrubs in Section 709 Buffers and Landscaping);

d.

Canopy trees with a minimum crown height of eight (8) feet at the time of installation spaced no more than thirty (30) linear feet apart (see Table 2. Canopy Trees in Section 709 Buffers and Landscaping); and

e.

An irrigation system designed to permanently support all installed vegetation.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05; Ord. No. 1195, § 3, 9-16-08; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, § 8, 10-7-14)

A.

Temporary Construction Buildings or Trailers. Temporary buildings that are only used in conjunction with construction work may be permitted in any district during the period the work is under way, but such temporary buildings shall be removed upon the completion of the construction work as determined by the Administrative Official.

B.

Model Home or Subdivision Sales Office. A temporary use located in the same platted subdivision in which homes or lots are offered for sale. Sales at the temporary use shall be restricted to homes and/or lots within the subdivision. Such use shall be discontinued within thirty (30) days of notice by the Building Official that seventy-five (75) percent or more of the lots in the subdivision have an occupied residence thereon.

C.

Temporary or Itinerant Vendors. Temporary or itinerant vendors with fixed sites shall be prohibited within the City.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

All parking areas for vehicles (including, but not limited to cars, trucks, vans, boats and recreational vehicles) shall be improved with a surface acceptable to the Administrative Official. In general, such areas shall be paved. Required parking spaces shall not be used for storage of vehicles during business hours.

(Ord. No. 1001, § 1, 12-21-99)

Any new veterinarian/animal hospital with outdoor kennels and any new kennel shall be located at least one hundred (100) feet from any residential property line.

(Ord. No. 1026, § 1, 2-20-01; Ord. No. 2065, § 1, 2-5-13)

A.

When permitted, an accessory building used as a caretaker quarters shall not be used or occupied as a place of abode or residence by anyone other than:

1.

A bona fide caretaker, servant, or farm worker actually and regularly employed by the land owner or occupant of the main building; or

2.

A family member of the land owner or occupant of the main building. For the purposes of this section, a family member includes a parent, child, grandparent, grandchild, aunt, uncle, niece, or nephew.

B.

Only one (1) accessory building used as a caretaker quarters shall be allowed on any lot within a permitted zoning district, and they shall be clearly incidental to the primary use. An accessory used as a living structure shall not, in any case, be leased or sold.

C.

Manufactured homes and recreational vehicles shall not be used as a caretaker quarters.

(Ord. No. 1195, § 3, 9-16-08; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

General Requirements. A Bed and Breakfast (B&B) shall meet the following requirements:

1.

B&B shall meet the definition of an owner-occupied home. See Chapter 10. Definitions, "Bed and Breakfast".

2.

A B&B shall be no closer than five hundred (500) feet from any other B&B.

3.

Sleeping accommodations shall not exceed five (5) bedrooms and no more than ten (10) lodgers shall be accommodated at one (1) time, not including the owner-occupied rooms.

4.

Meals may be served in guest rooms but not prepared in guest rooms. Permits to prepare and/or serve food shall be secured from the San Patricio County Department of Public Health which shall continuously inspect the residence to ensure compliance with all Texas Food Establishment Rules.

5.

The use of commercial dumpsters for day-to-day garbage disposal shall be prohibited.

6.

Provide two (2) off-street parking spaces for the owners and one-half (½) off-street parking spaces for each guest room. All such parking spaces shall be exclusive of driveways and immediately available for use (cannot be used for storage or any other purpose that prevents the owners and guests from using them). All such parking spaces shall be constructed of concrete or brick pavers and be properly drained.

7.

Comply with all requirements of the Americans with Disabilities Act.

8.

Comply with all R1 regulations of the International Building Code. The Department of Development Services shall conduct annual inspections to ensure continued compliance

9.

Comply with all R1 regulations of the International Fire Code. The Fire Department shall conduct annual inspections to ensure continued compliance.

10.

Comply with all Hotel Occupancy Tax regulations.

11.

The operator shall keep a current request register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests.

12.

The applicant must demonstrate that the unit and property do not have any outstanding issues related to taxes or building, electrical, plumbing, fire, health, housing, police, planning, noise, or code enforcement provisions.

B.

B&B Permit and Inspection.

1.

All B&B operators must obtain a B&B permit from the City. See the City's adopted Fee Schedule for associated fees.

2.

Applicants must provide proof of ownership of the residence and proof of insurance in accordance with C.3.d below.

3.

The City must perform an inspection of the B&B to ensure compliance with the Property Maintenance Code, Fire Code, and other adopted City codes prior to its occupation by a guest.

C.

Renewals.

1.

B&B operators must renew B&B permits annually by January 1 of each year. See the City's adopted Fee Schedule for associated fees.

2.

Prior to renewal, the City must perform an inspection of the B&B to ensure compliance with the Property Maintenance Code, Fire Code, and other adopted City codes.

3.

The applicant must submit a report that indicates the following:

a.

The number of nights the unit was rented as a B&B in the previous year;

b.

Proof of payment of Hotel Occupancy Tax is submitted to the City; and

c.

Proof of current property insurance; and

d.

Proof of general commercial liability insurance (or its equivalent). If a vacation rental site is used, the minimum insurance requirements established with such service must be provided. The owner must provide a copy of the certificate of insurance which shows the name insured, any additional insureds, the location address, the effective date, the coverage limit and type. Each policy shall be endorsed to provide the City with a minimum of a 30-day notice of cancellation, non-renewal, and/or material change in policy terms or coverage; provided, however, a minimum 10-day notice shall be required in the event of non-payment of premium. The B&B permit shall be suspended until proof of updated insurance is provided.

4.

If the applicant fails to meet one (1) of these requirements, the City shall provide ten (10) calendar days of notice to comply.

D.

Registry Removal.

1.

The City retains the right to suspend or remove a property from the registry. Once a property has been removed from the registry, the property shall not be added to the registry for at least one (1) year.

2.

Suspension or removal shall be at the discretion of the Development Services Department for reasons including, but not limited to, the following:

a.

The applicant has given false or misleading information during the application process;

b.

There has been a violation of any of the terms, conditions, or restrictions of this subsection;

c.

The applicant has failed to pay the Hotel Occupancy Tax in a timely manner; or

d.

The location has received three (3) or more complaints from the neighboring property owners for excessive noise or traffic within a 24-month period.

3.

Continued operation of a B&B following suspension or removal from the registry shall be considered a violation of this Unified Development Ordinance.

(Ord. No. 2005, § 4, 5-5-09; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Day care facilities serving five (5) or more children shall comply with all requirements of the International Building Code Section 308 Institutional Group I.

B.

Day care facilities serving five (5) or more children shall not be located in a single-family, two-family, townhouse, or multifamily dwelling.

C.

Day care facilities serving 5 or more children in the R-2, R-6, R-7, and R-8 zoning districts that begin operations after the effective date of this ordinance shall adhere to the following supplementary use requirements:

1.

The hours of operation shall not commence prior to 6:00 a.m. nor extend past 8:00 p.m.

2.

Only one (1) Building Sign Type "A" with a maximum total area of fifty (50) square feet and one (1) Freestanding Type "A" with a maximum total area of forty (40) feet is allowed. Other signage, banners, and flags is prohibited.

(Ord. No. 2160, § 2, 3-6-18)

The leisure and entertainment district is the boundary within the OT-2 Mixed Use District established by the city council as authorized by a local option election for the purpose of permitting the legal sale of one (1) or more prohibited types or classifications of alcoholic beverages. leisure and entertainment district uses, including the manufacture, sale, and consumption of liquor and alcohol within the district's boundary, are permitted in accordance with the permitted use table and shall be subject to these additional requirements:

1.

The special use permit application shall require the following elements:

a.

Boundary survey.

b.

Site plan of proposed improvements and uses.

c.

Traffic circulation plan, including parking locations. In no event shall breweries, wineries, brewpubs, and distilleries utilize fewer than one (1) parking space per one hundred (100) square feet of gross floor area dedicated to the consumption of the product by the ultimate consumer.

d.

Hours of operation.

e.

Exhibits detailing the outdoor operations of the business.

f.

Exhibits detailing the location and manner of the manufacturing, brewing, bottling, canning, packaging, sale, and consumption of alcohol and liquor permitted under this ordinance.

2.

Bars, cabarets, lounges, saloons, and nightclubs are prohibited within the leisure and entertainment district.

3.

Businesses permitted by the local option election to permit the legal sale of one (1) or more prohibited types or classifications of alcoholic beverages, including but not limited to breweries, wineries, brewpubs, and distilleries, shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. Businesses shall obtain any other permits and/or licenses as required by the Texas Alcoholic Beverage Commission for any ancillary activities related to the sale of alcoholic beverages on and/or off-premises.

4.

Businesses permitted by right by the permitted use table that are permitted by the local option election to permit the legal sale of one (1) or more prohibited types or classifications of alcoholic beverages shall obtain a special use permit under this section. Existing businesses in operation at the effective date of the ordinance shall be considered legally non-conforming. Any change in the hours of operation or outdoor operations shall require a special use permit.

5.

Breweries, wineries, brewpubs, and distilleries shall not be located within three hundred (300) feet from a church, public school, private school, or public hospital. However, breweries, wineries, brewpubs, and distilleries may be located within three hundred (300) feet of a private school if minors are prohibited from entering the place of business, as required by Section 109.53 of the Texas Alcoholic Beverage Code, as amended.

6.

Hours of operation for businesses within the Leisure and Entertainment District that permit the legal sale of one or more prohibited types or classifications of alcoholic beverages shall be between 10:00 a.m. and 10:00 p.m. Monday through Thursday, between 10:00 a.m. and 12:00 a.m. Friday and Saturday, and between 12:00 p.m. and 10:00 p.m. on Sunday.

7.

Businesses within the leisure and entertainment district that permit the legal sale of one or more prohibited types or classifications of alcoholic beverages that wish to extend the hours of operation in this section for a temporary event shall obtain a temporary event permit from the city manager no fewer than ten (10) business days prior to the event. No more than twelve (12) temporary event permits shall be issued to a business in any calendar year.

(Ord. No. 2257, § 2, 2-15-22)

A.

General Requirements. A short-term rental (STR) shall meet the following requirements:

1.

An STR may only occur in a dwelling unit. A main dwelling unit and an Accessory Dwelling Unit on the same lot cannot be rented as two (2) separate STRs.

2.

An STR must not provide rentals of less than two (2) nights unless the property owner or operator is on-site overnight.

3.

Where there is property management at a Multifamily Dwelling but not necessarily within the individual dwelling units, up to one (1) unit or five (5) percent of the dwelling units on the property, whichever is greater, can be STRs. A higher percentage of STRs may be permitted with a Special Use Permit (SUP).

4.

The applicant must demonstrate that the unit and property do not have any outstanding issues related to taxes or building, electrical, plumbing, fire, health, housing, police, planning, noise, or code enforcement provisions.

B.

STR Permit and Inspection.

1.

All STR operators must obtain an STR permit from the City. See the City's adopted Fee Schedule for associated fees.

2.

Applicants must provide proof of ownership of the residence and proof of insurance in accordance with C.3.d below.

3.

The City must perform an inspection of the STR to ensure compliance with the Property Maintenance Code, Fire Code, and other adopted City codes prior to its occupation by a guest.

C.

Renewals.

1.

STR operators must renew STR permits annually by January 1 of each year. See the City's adopted Fee Schedule for associated fees.

2.

Prior to renewal, the City must perform an inspection of the STR to ensure compliance with the Property Maintenance Code, Fire Code, and other adopted City codes.

3.

The applicant must submit a report that indicates the following:

a.

The number of nights the unit was rented as an STR in the previous year;

b.

Proof of payment of Hotel Occupancy Tax is submitted to the City; and

c.

Proof of current property insurance; and

d.

Proof of general commercial liability insurance (or its equivalent) coverage of a minimum of five hundred thousand dollars ($500,000.00) per occurrence. The owner must provide a copy of the certificate of insurance which shows the name insured, any additional insureds, the location address, the effective date, the coverage limit and type. Each policy shall be endorsed to provide the City with a minimum of a 30-day notice of cancellation, non-renewal, and/or material change in policy terms or coverage; provided, however, a minimum 10-day notice shall be required in the event of non-payment of premium. The short-term rental permit shall be suspended until proof of updated insurance is provided.

4.

If the applicant fails to meet one (1) of these requirements, the City shall provide ten (10) calendar days of notice to comply.

D.

Registry Removal.

1.

The City retains the right to suspend or remove a property from the registry. Once a property has been removed from the registry, the property shall not be added to the registry for at least one (1) year.

2.

Suspension or removal shall be at the discretion of the Development Services Department for reasons including, but not limited to, the following:

a.

The applicant has given false or misleading information during the application process;

b.

There has been a violation of any of the terms, conditions, or restrictions of this subsection;

c.

The applicant has failed to pay the Hotel Occupancy Tax in a timely manner; or

d.

The location has received three (3) or more complaints from the neighboring property owners for excessive noise or traffic within a 24-month period.

3.

Continued operation of an STR following suspension or removal from the registry shall be considered a violation of this Unified Development Ordinance.

(Ord. No. 2306, § 1(Att.), 5-6-25)

An accessory dwelling unit (ADU) shall meet the following requirements:

A.

No more than one (1) ADU shall be permitted on a lot.

B.

No more than one (1) family unit shall occupy an ADU at a time.

C.

ADUs must meet the setbacks established for the principal dwelling.

D.

An ADU shall be limited in size to not more than fifty (50) percent of the total floor area of the principal dwelling's living space and shall be clearly incidental to the primary use.

E.

ADUs shall have an assigned address.

F.

Manufactured homes and recreational vehicles shall not be used as an ADU.

(Ord. No. 2306, § 1(Att.), 5-6-25)

Single-family or duplex industrialized housing (as defined by the Texas Occupations Code, Chapter 1202) must:

A.

Have a value equal to or greater than the median taxable value for each single-family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;

B.

Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located;

C.

Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located;

D.

Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; or;

E.

Be securely fixed to a permanent foundation.

(Ord. No. 2306, § 1(Att.), 5-6-25)