Reno City Zoning Code
CHAPTER 8
PERMITS: SPECIFIC USE AND TERM LIMITED
§ 8.001
After public hearings, following proper notice, as herein prescribed, to all parties owning property within a two hundred (200) foot radius of the property for which a Specific Use or Term Limited Permit is sought; and after recommendation by the city Planning and Zoning Commission, a Specific Use Permit or a Term Limited Permit may be issued.
(a)
Specific Use Permits may be issued for the following types of uses and subject to, but not limited to, the specified restrictions, in the following districts:
(1)
Accessory building units (residential), or accessory dwelling units for living or sleeping quarters in any district, not including rental as a separate dwelling. An accessory dwelling unit may require an ordinance variance prior to the issuance of a Specific Use Permit.
(i)
An accessory dwelling unit must contain a minimum living area of no less than one thousand (1,000) square feet, exclusive of any porch or garage;
(ii)
An accessory dwelling unit must be based on a specific use permit obtained prior to construction or occupancy;
(iii)
An accessory dwelling unit cannot be transferred, bought, or sold separately from the primary lot or property upon which it is constructed;
(iv)
An accessory dwelling unit cannot be treated as a condominium, time share or any other type of property interest that severs it from the primary lot.
(2)
Institutions of a religious, education or philanthropic nature;
(3)
Kennels;
(4)
Medical supplies, retail or medical or dental laboratory or optical laboratory;
(5)
Veterinarian clinics and hospitals;
(6)
Mobile home (any vehicle or similar portable structure in excess of eight (8) feet in width having no foundation other than wheels, jacks, blocks or skirting’s and so designed or constructed as to permit occupancy for dwelling or sleeping purposes);
(7)
Modular home (a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer. The structure is designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system).
(b)
Term Limited Permits may be issued for the following types of uses and subject to, but not limited to, the specified restrictions, in the following districts:
(1)
Day Care Centers in the R-1 through R-3 Districts;
(2)
Home, Group Care, for six (6) or fewer residents, exclusive of staff providing care to the residents in R-1 through R-3 Districts;
(3)
Home, Group Care, for more than six (6) residents, exclusive of staff providing care to the residents, in R-1 through R-3 Districts;
(4)
Home, Group Medical Care, in the R-1 through R-3 Districts;
(5)
Senior citizens centers in the R-1 through R-3 Districts after considering the particular scope and level of activity to ensure compatibility with the surrounding area.
(Ordinance adopted 6/11/18, sec. III)
§ 8.002 Application.
Every application for a Specific Use or Term Limited Permit (see Appendix 3) of any type shall be accompanied by the following minimum information:
(a)
A detailed description of the intended use of the property;
(b)
The availability and location of off-street parking as required by Section 6.003 of this ordinance.[;]
(c)
The projected amount of additional traffic generated in and around the property, the types of vehicles anticipated will be visiting the property, the likely changes in traffic patterns, and the possible impact such changes in traffic will have on properties within five hundred (500) feet of the subject property;
(d)
The proposed number of occupants or users of the property and the proposed hours of occupancy;
(e)
If the use proposed will require deliveries of goods to the property, and the use is proposed to be located in any of the Residential Districts, inclusive, provide the proposed location of loading/unloading areas;
(f)
Whether or not the proposed use requires any type of state or federal license or permit to operate, and what type of license or permit is required;
(g)
The number and locations of properties within one-half (1/2) mile of the applicant’s property that have the same or similar use(s) as that proposed by the applicant.
(Ordinance 1852 adopted 5/9/11)
§ 8.003 Consideration of Any Request for a Specific Use Permit.
(a)
The City Planning and Zoning Commission, in considering and determining its recommendations, or the City Council, in considering any request for a Permit under this Section, may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may in the interest of the public welfare and to assure compliance with this permit, establish conditions of operation, location, arrangement, occupancy limits, and construction of any use of which a permit is authorized.
(b)
In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise, traffic, or other undesirable or hazardous conditions.
(c)
A Term Limited Permit shall be effective for two (2) years from the date of approval by the City Council, subject to extension in accordance with Section 8.003(d) of this ordinance.
(d)
A Term Limited Permit may be renewed for additional two (2) year terms in accordance with the following procedure:
(1)
The then current owner of the property subject to the permit shall submit to the City Secretary an application for a renewal of the permit not later than sixty (60) days prior to the expiration of the current term. The application shall contain such information as may be required by the City Secretary. As part of the application for the renewal, the property owner shall certify under oath that the use of the property has been at all times during the term of the permit in compliance with the provision of the permit.
(2)
Upon a finding of the City Secretary that the use of the property has been and remains in compliance with the provisions of the permit(s) originally issued, the Term Limit Permit may be extended for an additional two (2) year term from the date of expiration of the previous permit.
(3)
Upon a finding of the City Secretary that the use of the property has not been or is not in compliance with the provisions of the permit, the City Secretary shall send written notice to the owner of the property, at the last known address as determined by the property rolls of the Lamar County Appraisal District within ten (10) working days of the finding of noncompliance, stating that Term Limited Permit will not be extended beyond the expiration of the current term. The notification shall contain a summary of the findings by the City Secretary, citing what provisions of the Term Limited Permit have been violated. The owner of the property shall have ten (10) business days from receipt of this notice to file a written appeal with the City Council, containing a summary of the property owner’s basis for appeal. Unless requested by the property owner, the appeal shall be heard at the next regular City Council meeting which occurs on or after the tenth business day following the receipt of the owner’s notice.
(4)
The appeal of the permit will be consistent with agenda and posting requirements of the City Council and will follow any procedures adopted by the City Council. The decision of the City Council shall be final.
(e)
A Term Limited Permit may be terminated by the City Council prior to the expiration of the current term upon a finding by the City Council that the property for which the permit was issued has not been used for the purpose for which the permit was issued for a period of more than 120 consecutive days. The City Secretary shall, no later than ten (10) days prior to consideration of termination of a permit by the City Council, notify the owner of the property at the last known address of the owner as shown by the property rolls of the Lamar County Appraisal District, that the City Council will consider terminating such Term Limited Permit.
(Ordinance 1852 adopted 5/9/11)
§ 8.004 Term Limited Permits necessary for Sexually Oriented Business (Enterprises) and an application for a permit for such use.
(a)
Sexually Oriented Business Permit (SOBP) -
It shall be unlawful for any person to own or operate a sexually oriented business enterprise at a location in the City of Reno, Texas, without a valid Term Limited Permit (specifically called a Sexually Oriented Business Permit) issued in accordance with this Ordinance. A separate application and permit shall be required for each enterprise. An enterprise without a SOBP permit is hereby declared to be a public nuisance.
(b)
Permit Displayed -
A sexually oriented business permit (SOBP) issued under these regulations shall be displayed at all times in an open and conspicuous place in the enterprise for which it was issued, which display shall not be more than ten (10) feet from the building entrance facing the closest public roadway.
(c)
Injunction -
A person who operates or allows the operation of an enterprise without a valid permit or otherwise in violation of these regulations is subject to a suit for injunction pursuant to Section 243.010 of the Texas Local Government Code in addition to prosecution for criminal violations.
(1)
The City Attorney is hereby authorized to file suit to enjoin the violation of this ordinance. Suit may be initialed upon information received from private citizens or law enforcement agencies.
(d)
Sexually Oriented Business Permit Application (Appendix 4)
(1)
To obtain a permit to operate an enterprise a written application shall be filed with the Chief of Police on the form provided by the Chief of Police or an accurate and legible facsimile of that form. The completed application including any attachments shall be hand delivered to the Chief of Police’s office during regular working hours or mailed “return receipt requested.” A receipt shall be mailed to the applicant upon confirmation that the application is complete.
(2)
A fee in the amount of three hundred fifty dollars ($350.00) shall accompany the submission of each application to defray the cost of investigations required by this section. The fee shall be paid in the form of cash, money order or bank check.
(3)
Each applicant shall furnish the following information to the Chief of Police:
(A)
The full legal name and any other name used by the applicant, applicant’s social security number and driver’s license or Texas Identification Number.
(B)
A general description of the enterprise, which shall include the address where it will be located and the services to be provided. That address shall be the only location for which the permit will be valid.
(C)
The name and address of the owner of the real property upon or in which the business is to be located and a copy of any lease or rental agreement.
(D)
The name and residential address of the operator of the business.
(E)
If the applicant intends to operate the enterprise under an assumed name, a certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (V.T.C.A., Business and Commerce Code, Chapter 36).
(F)
The City Council finds the operation of an enterprise to be inconsistent with the following property uses and the applicant must certify that the proposed enterprise will be located:
(1)
A minimum of two thousand (2,000) feet from a child care facility, school, dwelling, hospital, public building, a public park, or church or place of religious worship;[.]
(2)
A minimum of one (1) mile from a penal institution as defined by the Penal Code, including but not limited to halfway houses.
(3)
A minimum of two thousand (2,000) feet from another sexually oriented business enterprise.
(4)
For the purposes of this section, measurements shall be made in a straight line from the nearest portion of the building or structure used by the enterprise to the nearest portion of the building structure or facility set forth in subsection (F)(1), (2) and (3), above.
(G)
Upon a finding that the proposal is not reasonable under the circumstances, the Chief of Police shall make a counter proposal or recommendation and the applicant shall re-submit a revised proposal.
(4)
If the applicant is an individual, the applicant shall provide, in addition to the items required in Section 8.004(d)(1), (2) and (3) of this section:
(A)
Each of the applicant’s residential addresses for the three (3) years immediately preceding the date of the application, indicating the dates of each residence and including the present address and telephone number of the applicant.
(B)
Applicant’s business, occupation and employment history for the three (3) years immediately preceding the date of application, indicating the applicable dates and addresses.
(C)
Documentation that the applicant is at least nineteen (19) years of age.
(D)
Applicant’s height, eye color and natural hair color.
(E)
Applicant’s criminal history which shall consist of a statement of any and all criminal convictions and the date and place thereof. The statement shall including [include] any charges to which applicant entered a plea of nolo contendere or for which applicant received deferred adjudication, but shall not include traffic violations.
(5)
If the applicant is a corporation, partnership, joint venture, or other similar business entity to which the requirements of Section 8.004(d)(4) of the section would not apply, the applicant shall provide in addition to the requirements of Section 8.004(d)(1), (2) and (3) the following:
(A)
If the applicant is a Texas Corporation, a certified copy of the articles of incorporation with amendments; names and residential addresses of current officers and directors; and the name and address of each stockholder holding more than five percent (5%) of the stock of the corporation.
(B)
If the applicant is a foreign corporation, a certified copy of the certificate of authority to transact business in this State with all amendments; names and residential addresses of current officers and directors; and names and address of each stockholder holding more than five percent (5%) of the stock of the corporation.
(C)
If the applicant is a general or limited partnership the application shall set forth the name and residential addresses of each of the partners, including limited partners. If the applicant is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership filed with the Office of the Secretary of State, and amendments.
(D)
If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply.
(E)
If the applicant is a joint venture or other similar entity, the names and residential addresses of the participants (if individuals), and the applicable information required in items (1), (2), (3) and (4) above if the participants are corporations or partnerships.
(F)
A corporate applicant shall designate one officer to act as responsible managing officer. Partnerships shall designate a general partner to act as responsible managing officer. Joint venture or other business entities shall designate an appropriate individual participant or owner to act as it’s responsible managing officer. The managing officer shall complete and sign all application forms required of an individual under section 6 [subsection (d)], but the fee for only one application shall be charged[.]
(6)
The Chief of Police shall have thirty (30) days from receipt of the application in which to investigate the application and the background of the applicant. Compliance with other provisions of these regulations may from time to time require an extension of this investigation period, in which case an extension, reasonable under the circumstances, shall be allowed.
(e)
Issuance or Denial -
(1)
A permit shall be issued within thirty-five (35) days of receipt of the application and the information required by these regulations, unless the application is denied for one of the following reasons:
(A)
The enterprise, as proposed, does not meet all the requirements of these regulations, or is otherwise prohibited by law;
(B)
The applicant has knowingly made a misleading statement of a material fact by omitting or falsifying information in the application for the permit;
(C)
The applicant, if an individual, is under eighteen (18) years of age;
(D)
The application or renewal fee required by these regulations has not been paid.
(3)
In the event that the Chief of Police determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for that determination.
(f)
Revocation -
(1)
The Chief of Police shall have the authority and power to revoke a permit for any one or more of the following reasons:
(A)
The applicant provided materially false, fraudulent or untruthful information on the original or renewal applicant form;
(B)
The enterprise has been closed for business for a period of thirty (30) consecutive days, unless such closure is due to circumstances beyond the control of the owner and the owner is proceeding with due diligence to reopen the establishment.
(C)
The sexually oriented business permit should not have been issued pursuant to these regulations.
(2)
Prior to revocation of a sexually oriented business permit, the Chief of Police shall determine whether probable cause for such action exists. If probable cause is found, the Chief of Police shall forward to the applicant or applicant’s designated agent a written notice of revocation or suspension. The notice shall contain the reasons for the action.
(3)
The applicant or the applicant’s designated agent shall have the opportunity to appear for a hearing before the City Council. The hearing shall be held at a time and place designated in the notice. The hearing shall be held within fourteen (14) days of the date of the notice and each party shall be provided an opportunity to present evidence, cross examine witnesses and be represented by legal counsel.
(4)
Upon a finding that the sexually oriented business permit should be revoked, the City Council shall issue a written resolution revoking the permit, effective the third day after written notice is mailed or otherwise provided to the operator.
(g)
Permit Renewals -
(1)
Permits shall be reviewed for renewal upon application to the Chief of Police not more than thirty (30) days prior to the expiration date. The form for renewal application shall be provided by the Chief of Police.
(2)
An annual nonrefundable renewal fee, in the amount of two hundred fifty dollars ($250.00) shall accompany the application for renewal to defray costs of inspections and investigation. The fee shall be paid in the form of cash, money order, cashier or bank check.
(3)
The renewal application shall contain:
(4)
The Chief of Police shall make the determination regarding renewal within fourteen (14) days of receipt of the completed renewal application or by the expiration date of the previous permit, whichever period is longer.
(5)
If a renewal application is submitted less than fourteen (14) days before the previous permit expires, there shall be no temporary permit issued to extend the permit. The original permit will expire and until the Chief of Police’s determination on renewal, there will be no valid permit.
(h)
Investigation -
Upon receiving the application for a sexually oriented business permit, or an application for renewal, the Chief of Police shall cause to be conducted an investigation to determine compliance with the regulations pertaining to that permit.
(i)
Inspections -
The Chief of Police shall make reasonable, periodic inspections of the premises of all enterprises covered by these regulations.
(j)
Transfer Prohibited -
A permit issued under these regulations is not transferable, assignable or divisible, and it shall be unlawful for any person to use a permit which has been issued to another person under these regulations.
(k)
Obtaining Sexually Oriented Business Permit by Fraud -
It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful representation, written or oral, or in any other way knowingly conceal any material fact required in the permit application. It shall also be unlawful to give or use any assumed name or fictitious name other than one duly filed for record in compliance with the Assumed Business or Professional Name Act (Vernon’s Texas Codes Annotated, Business and Commerce Code, Chapter 36).
(l)
Changing or Defacing Permit -
It shall be unlawful for any person to counterfeit, forge, change, deface or alter a permit issued under these regulations.
(m)
Persons Younger Than Eighteen Prohibited From Entry -
(1)
It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of an enterprise at any time that the enterprise is open for business.
(2)
An attendant shall be stationed at each public entrance to the enterprise at all times during the enterprise’s business hours. The attendant shall not allow any person under the age of eighteen (18) years of age to enter the enterprise. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless the attendant asked for and was furnished:
(n)
Misdemeanor -
(1)
Violation of any provision of this ordinance is a Class A misdemeanor.
(2)
Each day a violation continues constitutes and is punishable as a separate offense.
(3)
The revocation or suspension of any permit shall not prohibit the imposition of a criminal penalty, and the imposition of a criminal penalty shall not prevent the revocation or suspension of a permit.
(Ordinance 1852 adopted 5/9/11)
§ 8.005 Specific Use Permits For Mobile or Modular and/or “Move In” Homes.
(a)
For Mobile or Modular and/or “move in” homes only the applicant must get signatures from the property owners within four hundred (400) feet of the property where they intend to set this type of home that do not oppose this type [of] use. The petition will be available for consideration at the first of two (2) public hearings so that the Planning and Zoning Commission may make their recommendation to the City Council with input from the surrounding property owners.
(1)
“Move In” Homes application, see Appendix 5.
(b)
Existing mobile or modular homes shall be permitted under the “grandfathered” term as shown on Appendix 6.
(c)
In the event a piece of property has a Specific Use Permit for use of a mobile or modular home and said becomes uninhabitable by fire or the elements, the property owner may continue to use the property for a mobile or modular home provided that the mobile or modular home is replaced or made habitable within six (6) months (or longer with City Council approval) from the time it became uninhabitable by fire or the elements. Failing to conform with the above, the property will revert to a single-family residential type zoning or the surrounding land use as determined by the City Council.
(Ordinance 1852 adopted 5/9/11)
§ 8.006 Property Owner Opposition.
(a)
In the event any Permit sought is opposed by twenty (20) percent or more of the property owners within the two hundred (200) foot radius or four hundred (400) foot radius for mobile, modular or “move in” homes, a Permit shall not be allowed except by a three-quarters (3/4) vote of the City Council.
(Ordinance 1852 adopted 5/9/11)