5.01.01. This Article establishes regulations for certain land uses which are permitted in a given district, yet require additional regulations to ensure complete compatibility with surrounding land uses.

5.02.01. Location: Group homes shall be permitted as a use-by-right in AR Agricultural-Residential Districts, R-1 Single-Family Residential Districts, R-2 Multi-Family Residential Districts, R-3 Multi-Family Residential Districts and MH Manufactured Housing Districts only in conformity with the Texas "Community Homes for Disabled Persons Location Act", known hereafter as the "Act" which limits the number of occupants to six (6) residents and two (2) supervisors per residence in addition to other limitations not stated herein.

5.02.02. Distance Requirement: A group home shall be located not less than one-half (½) mile from any other group home as measured from the nearest boundary of the sites on which they are located (per the "Act").

5.02.03. Parking Requirements: Parking shall be in accordance with Article 6, of this Ordinance and shall be limited as restricted by the "Act".

5.02.04. Signs: No signs shall be permitted.

5.02.05. Visual Compatibility: No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties.

5.02.06. Statutory Licensing Requirements: All group homes shall meet every State statutory licensing requirement.

5.02.07. Outside Lighting: All outside lighting shall meet the performance criteria established in Article 7, of this Ordinance.

5.03.01. Location: Home occupations shall be limited to AR Agricultural Residential, R-1 Single-Family Residential and MH Manufactured Home districts.

5.03.02. No External Activities Permitted: All activities and storage associated with a home occupation shall be located within the associated residence.

5.03.03. Employment of Persons Outside of the Immediate Family: Employment shall be limited to one (1) person who is not a member of the immediate family residing on the premises.

5.03.04. Parking Requirements: Parking shall be in accordance with Article 6, of this Ordinance.

5.03.05. Signs: One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted.

5.03.06. Visual Compatibility: No structural alterations shall be permitted that will cause the home occupation to be substantially distinguishable from other surrounding residential properties.

5.03.07. Permit Required: All home occupations shall obtain a Home Occupation Permit from the City of Santa Fe.

5.03.08. Performance Criteria: All home occupations shall meet the performance criteria established in Article 8, of this Ordinance.

5.03.09. One Commercial Vehicle Permitted: One light weight commercial vehicle, with a Gross Vehicle Weight of no more than ten thousand (10,000) pounds, is allowed to be parked at the residence for use by the Home Occupation employees. Light weight package delivery vans shall be permitted for delivery and pick-up services associated with a home occupation. No eighteen-wheelers or heavy weight vehicles are permitted.

5.03.10. Land Uses not Qualifying as Home Occupations: The following land use activities shall not be qualified as home occupations:

A.

Any use associated with automobiles, i.e. Auto repair, auto painting, detailing, restoration, etc.

B.

Furniture upholstering, paint and finish striping, and repair.

C.

Welding services.

(Ord. No. 21-2007, §§ 1—3, 7-26-07)

5.04.01. Location: Child Care Facilities shall be permitted as a conditional use in AR Agricultural Residential, R-1 Single-Family Residential, R-2 Multiple-Family Residential, R-3 Multiple-Family Residential, and MH Manufactured Home Districts. Child Care Facilities shall be permitted as uses permitted by right in NC Neighborhood Commercial, HC Highway Commercial, and PS Planned shopping districts.

5.04.02. Distance Requirement: In any residential district, a child care facility shall be located not less than one thousand (1,000) lineal feet from any other child care facility or group home as measured from the nearest boundary of the sites on which they are located.

5.04.03. Parking Requirements: Parking shall be in accordance with Article 6, of this Ordinance.

5.04.04. Signs: One (1) on premise sign not exceeding two (2) square feet in area.

5.04.05. Visual Compatibility: Within any residential district, no structural alterations shall be permitted that will cause the child care facility to be substantially distinguishable from other surrounding residential properties.

5.04.06. Statutory Licensing Requirements: All child care facilities shall meet every State statutory licensing requirement.

5.04.07. Annual Licensing Required: All child care facilities located in residential districts shall obtain annual operational licenses from the City of Santa Fe. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the re-issuance of any operational license. Decisions of the Planning and Zoning Commission to renew or not to renew a Child Care Facility operational license shall be appealable to the City Council.

5.04.08. Performance Criteria: All child care facilities shall meet the performance criteria established in Article 7, of this Ordinance.

5.04.09. Screening Required in Residential Districts: All outdoor play areas bordering residential property shall be screened by a solid, opaque fence, constructed and maintained in accordance with specifications provided by the zoning officer.

5.04.10. Time of Operation Limits in Residential Districts: All child care facilities located in residential districts shall be limited to operating between the hours of 6:00 a.m. and 10:00 p.m. daily.

5.05.01. Location: Special events shall be located as a conditional use in AR - Agricultural Residential, HC - Highway Commercial, or PS - Planned Shopping districts.

5.05.02. Duration and Time of Operation Limits: No special event may operate for more than seven (7) consecutive days. Special events may not operate before 7:00 a.m. or after 10:00 p.m. daily.

5.05.03. Zoning Officer to Specify Performance Criteria: The Zoning Officer is authorized to ensure adequate parking, sanitary facilities, safety requirements, and other appropriate performance criteria for special events to protect the public health, safety, and general welfare.

5.06.01. Description: A number of findings from cities in Texas and other states (Detroit, Michigan; Renton, Washington, etc.) indicate that the concentration of certain Adult Use businesses or so-called "adult entertainment" businesses tends to result in the blighting and deterioration of areas of such concentration. Accordingly, it is necessary that these businesses be regulated so that they have the least negative impact on residential neighbor-hoods, educational institutions, religious institutions, and public facilities. This section of the Santa Fe Zoning Ordinance is a time, place, and manner Ordinance aimed at controlling the proximity of such businesses to the neighborhoods and institutions cited above. This Section of the Santa Fe Zoning Ordinance is complementary and supportive of, and an addition to Chapter 4, Section 17 of the Code of Ordinances of the City of Santa Fe.

5.06.02. Uses Regulated: This section of the Zoning Ordinance includes but is not limited to the regulation of the following uses:

A.

Adult book store.

B.

Adult motion picture theater.

C.

Adult mini motion picture theater.

D.

Adult motels.

E.

Cabarets.

F.

Massage parlor.

G.

Model studio.

5.06.03. Operating Permit Required: The owner of an adult book store, adult motion picture theater, adult mini motion picture theater, adult motel, cabaret, massage parlor, model studio or Adult Use business, or his agent for the purpose of managing, controlling, or collecting rents, or any other person man-aging or controlling a building or premises, any part of which contains an activity listed above shall obtain an operating permit in accordance with Chapter 4, Section 17 of the Code of Ordinances of the City of Santa Fe.

5.06.04. Proof of Age Required: In order to insure that minors are not permitted access to an Adult Use, it shall be the responsibility of the owner, lessee, and manager of any Adult Use to require proof of age identification of all patrons prior to admitting them to an Adult Use. No person below the age of eighteen (18) years of age shall be admitted to an Adult Use.

5.06.05. Exterior Display: No Adult Use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an Adult Use. This provision shall apply to any display, decoration, sign, show, window or other opening.

5.07.01. All City and County Standards Apply: All health and safety standards which have been adopted by the City of Santa Fe or Galveston County shall be met before a building permit or certificate of occupancy may be issued.

5.08.01. Prohibited Residential Occupancy: The use of recreational vehicles, buses, vehicles with camper tops, or tents as a residence is prohibited.

(Ord. No. 08-2017, § 1, 9-14-17; Ord. No. 02-2018, § 1, 2-22-18; Ord. No. 11-2018, § 1, 9-27-18)

See note following § 5.09.

5.09.01. Additional References: Refer to standards for "Manufactured Housing" as built to Federal HUD Code Standards. Also refer to standards for "Industrialized Housing" and to "Industrialized Buildings" as built to the Texas Industrialized Housing and Building Act, Vernon's Ann. Civ. St. art. 5221f-1.

5.09.02. General:

A.

All such structures shall be mounted on concrete slabs or on continuous concrete or masonry perimeter footings and ribbon foundation walls when the lowest floor structure provides less than seven (7) feet of clearance above the finished grade below. Exception: Manufactured Housing when located in any Residential District may be installed on any type of foundation when such installation is in compliance with the provisions of the Housing and Urban Development Standards and conforms to Type 2 Standards for high wind conditions.

B.

Where the finished floor elevation is above the top of the foundation slab or above the supporting perimeter ribbon foundation wall, a rigid skirt shall be provided extending from such foundation to the wall above and composed of material similar in appearance to the building siding or wall finish above.

C.

Portable buildings shall not be used as the primary habitable building nor as the sole type of building on a site. Exception: a single portable non-habitable storage (secondary) building of not greater than one hundred (100) square feet may be permitted on a vacant residential lot.

D.

The combined gross floor area of all portable buildings shall not exceed twenty-five (25) percent of the gross floor area of the primary building on the site. Exception: Portable buildings may be permitted on construction sites during the time that an active construction permit is maintained but in no case for a period longer than thirty-six (36) months.

5.09.03. Shipping Containers and Road Freight Trailers:

A.

In-transit shipping containers shall not be placed in any district other than an LM - Light Manufacturing District, HC - Highway Commercial District, TR -Transportation District or NC - Neighborhood Commercial (Large Scale) District.

B.

In-transit freight trailers shall not be placed in any district other than HC - Highway Commercial District, LM - Light Manufacturing District and TR -Transportation District.

C.

Shipping containers and road freight trailers used as permanent or temporary storage are restricted to Light Manufacturing Districts. All units shall be erected on concrete foundation pads or concrete paving. Railroad cars shall not be permitted in any district as storage containers. Railroad cars used as components of a mercantile retail establishment as an architectural feature may be permitted only as a conditional use. [Exception: shipping containers and road freight trailers may be permitted on commercial and industrial construction sites during the time that an active construction permit is maintained but in no case for a period longer than thirty-six (36) months. Shipping containers and road freight trailers may be used for temporary storage in HC - Highway Commercial Districts, TR - Transportation Districts, and LM - Light Manufacturing Districts for up to sixty (60) days upon issuance of a permit by the City. No more than three (3) such permits shall be issued to any individual, corporation or partnership in any twelve (12) consecutive months.

D.

Shipping containers used as permanent or temporary storage (other than aluminum) shall be painted. All shipping containers shall be maintained in a neat and orderly fashion.

(Ord. No. 08-2017, § 1, 9-14-17; Ord. No. 02-2018, § 1, 2-22-18; Ord. No. 11-2018, § 1, 9-27-18)

Editor's note— Section 1 of Ord. No. 11-2018 states:

SUSPENSION AND MODIFICATION OF ORDINANCES

(a)

The following ordinances and regulations are hereby suspended or modified as indicated:

All ordinances or regulations prohibiting or restricting manufactured homes, recreational vehicles, buses, vehicles with camper tops, motor homes, portable or temporary buildings, including but not limited to: City Code, Chapter 3, Section 14; the Santa Fe Zoning Ordinance, Section 4.05, Section 5.08 and Section 5.09; are suspended or modified to allow the minimal use of same while the property owner is without electric power, or is making construction repairs related to Hurricane Harvey, provided the property owner is taking diligent steps to make said repairs.

(b)

The suspension or modifications of the ordinances and regulations listed in Subsection (a) shall continue to remain in effect for an additional six (6) months, through February 25, 2019.

5.10.01. Kennels, Breeding, Indoor or Outdoor, Kennels, Boarding, Indoor or Outdoor and Veterinary and Animal Clinic:

A.

Location: It shall be unlawful for any person to maintain or construct a kennel or veterinary clinic within five hundred (500) feet of any dwelling, school, church, hospital, nursing home or day care and within five hundred (500) feet from any residential property line.

B.

Existing kennels and veterinary clinics operating legally on February 11, 1993 or at the time of annexation to the City of Santa Fe and continuously thereafter, with no cessation of activity longer than ninety (90) days, are exempt from the distance limitation. Cessation of activities for a longer period shall require full compliance with these provisions and issuance of a new occupancy certificate before resuming kennel activities.

C.

Exception: Kennel, Boarding, Indoor or Veterinary and Animal Clinic meeting at least the minimum standards of paragraph 5.10.02 following.

5.10.02. Qualifications for Separation Reduction for Kennels, Boarding, Indoor Use or Veterinary and Animal Clinic use:

A.

Any animal outside the building or tenant space envelope shall be under the supervision of a staff handler and shall be limited to four (4) animals at one time per handler.

B.

Animals shall be permitted outside the building or tenant space envelope only during the hours of 7:00 a.m. to 8:30 a.m. and during the hours of 4:00 p.m. to 6:00 p.m. except briefly during the time animals are being delivered to or picked up from the facility.

C.

In addition, "special needs" animals may be exercised outside the building or tenant space between the hours of 11:00 a.m. and 1:00 p.m. while under the direct control and supervision of staff handler at the ratio of one (1) animal per handler.

D.

The building housing the animals shall be built or modified to provide sound attenuation as follows:

1.

The owner shall obtain the services of a qualified acoustical engineer and shall construct or modify the building or space to the design and specifications of said acoustical engineer in compliance with the criteria below.

2.

The building envelope shall reduce the sound energy of a one hundred twenty (120) dBA source, (with the noise characteristics of barking dogs), to a maximum of ten (10) dBA above the outside ambient sound level, at the property line or demising wall, as measured with a calibrated Type II sound level meter, to an accuracy within (+ or -) two (2) dBA, as specified in current ANSI specifications. The ambient noise levels shall be based on the average sound levels occurring between 2:00 a.m. and 5:00 a.m., measured at the property line or demising wall, and located at a point between the building or tenant space and the nearest neighboring building, tenant space or district classified as a restrictive use or district in Paragraph 5.10.01(A) "Location" above or the nearest residential property line, whichever is closer.

3.

Acoustical engineer's credentials and test results demonstrating compliance, acceptable to the Zoning Officer, shall be submitted to the City prior to issuance of any kennel Occupancy Permit or the placement of animals in the facility.

(Ord. No. 10-2003, 4-24-2003)

Agricultural activities may occur in the various districts as established by Appendix 4F, Zoning District Matrix but shall be restricted in intensity and in relation to human domestic density according to the following provisions. Note that animal maintenance is further restricted by the distance limitations and other restrictions of the Santa Fe Code of Ordinances, Chapter 2, Animal Control.

5.11.01. Agricultural uses, all districts, crop and truck: no limitations.

5.11.02. Agriculture uses, with animal husbandry in whole or in part.

A.

The maximum density shall be as set out in Table #1:

Table #1
Expressed as "animal units per acre."

;sz=9q;NOTE: Permissible quantities are additive as acreage increases.

Table #2
Expressed as "animal units per acre."

;sz=9q;* One animal greater than one year of age = One animal unit

;sz=9q;* One animal under one (1) year in age = One-half (½) animal unit

B.

Wherever animal unit counts per acre exceed the limits of Table #2, methods must be instituted for the control and removal of animal manure. Manure produced in excess of the natural biological breakdown and absorption rate of the land shall be removed from the site on a periodic basis. Manure shall not be allowed to accumulate in a manner or quantities that cause a public nuisance, a health risk or contamination of storm water runoff leaving the property. Collected manure shall be stored on a stabilized non-absorbent surface and shall be contained by methods or structures capable of limiting polluted storm water run-off to neighboring properties and drainage systems. Overgrazing or animal densities causing the destruction of 50 percent of the normally occurring natural vegetative ground cover, over the area devoted to the agricultural activity, shall be deemed as prima facie evidence of excessive animal densities regardless of whether the densities comply with the above tables. Animal densities shall thereafter be reduced to mitigate the condition.

(Ord. No. 19-2003, 8-28-03)

5.12.01 Accessory Uses: Accessory uses and buildings shall meet the requirements as prescribed by the underlying zoning district in which the church or place of worship is located.

5.12.02 Recreational Vehicles: Recreational vehicle usage shall be allowed on church property for the following uses:

A.

For temporary housing during emergency disaster situations to house disaster workers, no more than six (6) months per emergency occurrence.

B.

To house visiting clergy or missionary workers on a temporary basis, no more than ninety (90) days per visit.

(Ord. No. 17-2011, § 1, 12-8-11)