(a)

Purpose. This section provides the council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semipublic character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use, the importance of the use's relationship to the comprehensive plan, or possible adverse impact on neighboring properties of the use, review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed use are required. No rezoning request for a district change shall be denied on the basis that the request would be favorably received if reapplication was made for a specific use permit.

(b)

Permit required. A building permit or certificate of occupancy shall not be issued for any use to be located in a zoning district which permits that use only as a specific use unless a specific use permit has first been issued in accordance with the provisions of this chapter.

(c)

Application procedure. An application for a specific use permit shall be filed with the city manager or his designee on a form prepared by the city. The application shall be accompanied by a site plan, which, along with the application, will become a part of the specific use permit, if approved. The accompanying site plan shall provide the following information:

(1)

Data describing all processes and activities involved with the proposed use;

(2)

Boundaries of the area covered by the site plan;

(3)

The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits.

(4)

The location of existing drainageways, and significant natural features;

(5)

Proposed landscaping and screening buffers;

(6)

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities;

(7)

The location, height and type of each wall, fence, and all other types of screening;

(8)

The location, height and size of all proposed signs.

(d)

Public hearing. The notification and public hearing process for a specific use permit or revocations thereof is set forth in section 40-32(c).

(e)

Conditions for approval. A specific use permit shall be issued only if all of the following conditions have been found:

(1)

That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity.

(2)

That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property.

(3)

That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided.

(4)

The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

(5)

That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration.

(6)

That directional lighting will be provided so as not to disturb or aversely affect neighboring properties.

(7)

That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property.

(8)

That the proposed use is in accordance with the comprehensive plan.

(f)

Additional conditions. In authorizing a specific use permit, the council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.

(g)

Time limit. Uses allowable under a specific use permit shall not be commenced and a certificate of occupancy shall not be issued until all the conditions of the specific use permit are completed in accordance with the specific use permit. Unless construction of those conditions is commenced and substantially underway within a one-year period, the specific use permit shall become null and void. Extensions of time for good cause may be approved by the council. A specific use permit that was issued by the council shall become null and void, if the land use it was issued for is closed or vacated for a period of one year or more or is changed to a substantially different use. A substantially different use shall be defined as one where there is a change in the intensity of the use. A change in intensity shall include, but not be limited to, external structural alteration or enlargement of the building, expansion in the parking area or floor area of the building, an increase in the required number of parking spaces, an increase in the hours of operation or an increase in offensive noise, vibrations, sound, smoke or dust, odors heat, glare, xray or electrical disturbance to radio or television.

(h)

Revocation. A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons:

(1)

The specific use permit was obtained or extended by fraud or deception; or

(2)

That one or more of the conditions imposed by the permit has not been met or has been violated.

(i)

Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the city manager or his designee may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in any increase in external impact on adjacent properties or neighborhoods.

(j)

Processing fee. A processing fee as currently established or as hereafter adopted by resolution of the council from time to time shall be required for the processing of each specific use permit request.

(Ord. No. 04-04, § 18-9, 8-16-2004)

The schedule of permitted used uses applicable for district regulations is as follows:

(Ord. No. 04-04, § 18-10, 8-16-2004)

(a)

To secure safety from fire, panic and other dangers; to lessen congestion in the streets; to facilitate the adequate provision of transportation; to conserve the value of buildings and to encourage the most appropriate use of land, minimum off-street parking shall be provided as set forth in the following schedules and provisions:

Schedule of Minimum Off-Street Parking for Single-Family, Two-Family and
Multiple-Family Dwellings-Residential Districts

Schedule of Minimum Off-Street Parking for Single-Family, Two-Family and
Multiple-Family Dwellings-Nonresidential Districts

Schedule of Minimum Off-Street Parking for Specified Uses-All Districts

(b)

General provisions.

(1)

An off-street parking space shall be a striped area of not less than 162 square feet, measuring approximately nine by 18 feet, not located on a public street or alley. Such parking space, aisles and maneuvering areas shall have an all-weather surfacing, enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley. Head-in parking adjacent to a public street or alley wherein the maneuvering of the vehicle in parking or leaving a parking space is done on a public street or alley shall not be classified as off-street parking in computing any parking requirements herein specified.

(2)

In determining the required number of parking spaces, fractional spaces shall be counted to the nearest whole space. Parking spaces located in buildings used for repair garages or auto laundries shall not be counted as meeting the required minimum parking.

(3)

Where a lot or tract of land is used for a combination of uses, the off-street parking requirements shall be the composite or sum of the requirements for each type of use and no off-street parking space provided for one type of use or building shall be included in calculation of off-street parking requirements for any other uses of buildings.

(4)

Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements.

(5)

In all districts, the required off-street parking for all permitted uses, except institutional uses, shall be available to customers, employees, tenants, clients and occupants of a use on a prearranged basis, other than an hourly or fee basis, as free or contract parking in accordance with the minimum parking ratio prescribed for the various districts and uses in the foregoing schedule.

(6)

Except for institutional uses, required off-street parking for permitted uses in single-family, two-family and multiple-family districts shall be provided on the lot or tract occupied by the main use. For institutional uses in residential districts and for permitted uses in all other districts, off-street parking shall be provided on the lot or tract occupied by the main use or upon a tract dedicated to parking use by an instrument filed for record and consolidated under a single certificate of occupancy with the main use. Such parking facility shall be located in the same zoning district as the main use or in any other district which permits a commercial parking lot or garage; and all or part of such facility shall be located within a distance (including streets and alleys) of 300 feet of the property upon which the main use is located.

(c)

Special off-street parking provisions-Residential districts. No required off-street parking space shall be located in the required front yard in any single-family, two-family, or multiple-family or mobile home districts.

(d)

Same-Nonresidential districts. In all nonresidential districts, surface parking may extend to the front property line.

(e)

Minimum off-street loading, all districts. Off-street facilities shall be provided and maintained for receiving and loading merchandise, supplies and materials within a building or on the lot or tract adjacent thereto. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure with no portion of the loading space extending into the public right-of-way. At least one-half of such off-street loading spaces or truck berths shall have a minimum dimension of ten by 40 feet, and the remaining one-half of the required loading berths shall have a minimum dimension of ten by 20 feet. Such space or berths shall be provided in accordance with the following schedule:

(1)

For all retail, commercial and industrial uses:

(2)

For all hotels, office buildings and similar establishments:

(Ord. No. 04-04, § 18-11, 8-16-2004)

(a)

Permit requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the building official in accordance with the requirements of this chapter and the city's building code.

(b)

Signs in residential districts. Signs shall not be permitted in residential districts except as specifically authorized in this section.

(1)

One detached owner-identification sign shall be permitted for a multiple-family dwelling development, nonresidential, or institutional building on each abutting street, subject to the following restrictions:

a.

The sign shall not exceed 50 square feet in area;

b.

The sign shall not exceed 15 feet in height;

c.

The sign shall not have flashing lights, any type of intermittent illumination or revolve in any manner;

d.

The sign shall be located a minimum of 15 feet from any property line;

e.

The sign shall meet the wind load requirements of the building code.

f.

No sign shall be permitted in a residential district with the exception of real estate signs six square feet or less or temporary signage six square feet or less and not for more than 120 days.

(2)

One attached owner-identification sign for a multiple family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street abutting the development subject to the following restrictions:

a.

The sign shall not exceed the height of the walls of the building to which it is attached;

b.

The sign shall not be lighted except by reflective floodlight-type illumination;

c.

The sign shall not exceed 40 square feet in area.

(3)

One detached owner-identification sign shall be permitted for a commercial use with a specific use permit subject to the following conditions and restrictions:

a.

The sign is included in the site plan approved in the specific use permit;

b.

The sign shall not exceed 40 square feet in area;

c.

The sign does not exceed 15 feet in height;

d.

The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner;

e.

The sign shall be located a minimum of 15 feet from the property line or at the building setback line, whichever is less.

f.

The sign shall meet the wind load requirements in the building code.

(c)

Owner-identification signs in commercial and industrial districts. Signs shall not be permitted in commercial or industrial districts except as specifically authorized in this section.

(1)

One detached owner-identification sign, and one additional detached sign for each thoroughfare more than one that abuts the property, shall be permitted in the C1, neighborhood business district, subject to the following conditions and restrictions:

a.

The sign shall not exceed 50 feet in area;

b.

The sign shall not exceed 20 feet in height;

c.

Reserved;

d.

The sign shall not be located in any required yard;

e.

The sign shall meet the wind load requirements in the building code.

(2)

Owner identification signs shall be permitted for establishments located in C2, I1, and I2 districts; provided that such signs shall not be greater than 50 feet in height. The maximum height is measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line, and provided further that the structural supports for such signs shall be set back not less than ten feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. Where a structure existing at the effective date of the ordinance from which this chapter is derived precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement.

(3)

The council may approve a sign which exceeds the maximum area and height where the planning commission has determined that the sign is compatible with abutting development.

(d)

Advertising signs (billboards). Advertising signs are permitted in C2, I1, and I2 districts subject to the following restrictions:

(1)

Area. The dimensions of any advertising sign shall not exceed 800 square feet, excluding cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed 20 percent of the area of the sign, excluding extension and apron trim without copy.

(2)

Height. Advertising signs shall not be greater than 50 feet, as measures from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed ten additional feet in height when, in its judgment, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view.

(3)

Setbacks. An advertising sign shall be set back not less than 25 feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten feet from interior side yard property lines.

(4)

Spacing.

a.

Regulations. Sign spacing shall be as follows: The spacing of all advertising signs along Hwy. 96, FM 327, FM 418, FM 92, and Business Hwy 96 shall be in accordance with the V.T.C.A., Texas Transportation Code, § 391.001 et seq., as amended. As of March 3, 1986, the state regulations required the following spacing: No advertising sign over 20 feet in height or 75 square feet in area may be placed within 300 feet of the property line of any property which is zoned R1, single-family residential, or used as a public school, public park, church, courthouse, city hall, or public museum, with the exception noted in subsection (d)(4)b of this section.

b.

Exception. The council may grant a specific use permit under the procedures required by section 40-81 to allow the erection of an advertising sign in excess of 20 feet in height and 75 square feet in area and which does not comply with the spacing requirement in subsection (d)(4)a of this section.

(5)

Traffic control conflicts. No advertising shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign.

(6)

Illumination. Advertising signs may be illuminated only by indirect lighting subject to the following conditions:

a.

Reserved.

b.

Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision.

(7)

Motion. Advertising signs shall not revolve or rotate. Slow and continuous internal motion and movement of a portion of the sign shall be permitted.

(8)

Roof-mounted sign. Roof-mounted advertising signs are prohibited.

(9)

Structure. Advertising signs shall be constructed in accordance with the building code and electrical code. Signs shall be engineered to withstand a wind load of 30 pounds per square foot.

(10)

Maintenance. Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weeds, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly.

(11)

There shall be no new advertising signs (billboards) permitted within the City limits or within the territorial jurisdiction of the City of Silsbee. Those billboards that were in existence on July 24, 2017, shall be allowed to remain and shall be governed by section 40-84 of the Silsbee Code of Ordinances.

(e)

Exemptions. The following signs are exempted from the permit requirements of this section:

(1)

Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel (display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign) provided no increase occurs with respect to either the area or any such sign or the manner in which it is structurally supported.

(2)

Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business.

(3)

Nameplate and street address signs, less than three square feet in size.

(4)

Nonilluminated real estate signs, temporary in nature, not exceeding more than 12 square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property.

(5)

Construction signs, not to exceed 20 square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one sign for each street abutting the premises.

(6)

Window signs hung on the inside of the window or painted on the window glass.

(7)

Temporary decorative flags, excluding banners.

(8)

Warning, security, and traffic directional signs, less than eight square feet in area and four feet in height.

(9)

Election signs temporary in nature, 120 days maximum, less than eight square feet in area and six feet in height and not illuminated, when placed within a residentially zoned area. Election signs temporary in nature placed within any other zone. Elections signs must be removed within ten days after the election.

(f)

Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash receptacles, or located within any public right-of-way. Temporary/portable signs with flashing lights or intermittent illumination shall be prohibited, except those signs that cannot be seen from the public right-of-way. Signs shall not revolve or rotate. No sign shall resemble an official sign or marker erected by a governmental agency. No sign shall be placed on any property in such a manner to obstruct the view from the left or right of a vehicle from other traffic on the public right-of-way when lawfully entering the roadway. The city manager or his designee shall have the right to order the removal of such signs by the property owner or by city crews, subject to a ten-day right of appeal by the owner to the board of adjustment, prior to removal.

(g)

Continuation and discontinuation of nonconformingsigns. All nonconforming permanent signs, legally existing on the effective date of the ordinance from which this chapter is derived, may continue to exist, provided that signs which are 50 percent or more structurally deteriorated shall be either removed or altered so as to comply with this chapter. Signs which are nonconforming because they have flashing lights or intermittent illumination shall be given 30 days from the adoption date of the ordinance from which this chapter is derived to be brought into compliance with this chapter.

(h)

Licensing and bonding requirements. Signs shall not be located, constructed, erected, altered, attached, posted, or painted, except by a licensed and bonded sign contractor or by regular employees of the company for which the sign is located, constructed, erected, altered, attached, posted or painted.

(i)

Maintenance. All signs shall be maintained in good appearance and safe structural condition.

(Ord. No. 04-04, § 18-12, 8-16-2004; Ord. No. 06-05, § 1, 8-22-2006; Ord. No. 07-07, § 1, 9-10-2007; Ord. No. 12-04, 3-19-2012; Ord. No. 17-11, 7-31-2017)

State Law reference— Regulation of signs by municipalities, V.T.C.A., Local Government Code ch. 216.

Location of open storage:

(1)

In all one-family, two-family, multiple-family and mobile home districts, no open accessory storage or display outside a building of materials or commodities for sale, at wholesale or retail, or for storage purposes, shall be permitted; nor shall any motor vehicle or machinery storage, other than that which is incidental to the use of a premises as herein provided, be permitted; nor shall any truck or commercial vehicle storage be permitted, except that one panel delivery or pickup truck not exceeding 1½ ton capacity may be stored by the owner of a premises when such vehicle storage is incidental to the main use of such premises.

(2)

In the C-1 and C-2 districts, no open accessory storage or display of materials and commodities other than new and/or used cars for sale shall be permitted between the street line and the front setback or yard line as herein provided, except that such restriction shall not apply to the provision of off-street parking capabilities in conformance with the requirements of this chapter.

(Ord. No. 04-04, § 18-13, 8-16-2004)

(a)

Location of required screening.

(1)

Where the rear or service of a nonresidential building in a residential district is exposed to residences and were a nonresidential building in a C-1, C-2, I-1, I-2 district is exposed to a residential district boundary line, and where such a building is closer than 150 feet to the boundary line, a screening wall or fence not less than six feet in height shall be erected, separating the rear service side of such a building from the adjacent residence or residential district. Where all service, storage, and loading facilities are contained within a building, the screening provisions of this subsection shall not apply.

(2)

In a C-1, C-2 district where parking space for motor vehicles for nonresidential buildings is provided adjacent to a residential district which is occupied or is to be occupied by residential buildings, whether the district boundary lines are separated by a street or alley or not, a screening wall or landscaped visual barrier not less than three feet in height shall be provided along the boundary of such parking areas. This requirement does not waive the requirements of subsection (a)(1) of this section.

(3)

In all districts where open storage is permitted and screening of the storage area is required, a screening wall or fence shall be provided not less than six feet in height.

(4)

Garbage storage areas shall be visually screened by a six-foot high solid fence on all sides except when one side is adjacent to an alley or easement used for garbage pickup service, no screening fence shall be required on that side.

(5)

All wrecking yards (junk and salvage) and salvage yards (outside) with open storage of wrecked or salvaged automobiles, machinery, appliances or other used commodities and equipment shall surround such open storage with a screening wall or fence not less than six feet in height.

(b)

Standards for screening.

(1)

A required screening wall or fence shall be constructed of masonry or of a concrete or metal frame or base which supports a permanent type wall material, the surface of which does not contain openings more than 40 square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. No openings shall be permitted for access unless a solid gate shall remain closed at all times except when in actual use.

(2)

Where barriers are required for parking facilities as specified in subsection (a) of this section such barriers shall consist of a screening wall not less than three feet in height constructed in accordance with the provisions of subsection(b)(1) of this section, or a landscaped strip not less than six feet in width containing a solid planting or hedge not less than three feet in height, which planting shall be maintained in a healthy, growing condition.

(3)

No screening wall, planting or other visual barrier shall be so located or placed that it obstructs the vision of motor vehicle drivers approaching any street, drive or alley intersection. This requirement takes precedence over any other requirements of this section.

(4)

Walls and landscaped strips shall be protected from vehicle wheels by a bumper rail or wheel barrier located at least three feet from such planting or wall.

(5)

Any wall or fence constructed to comply with any screening provision herein specified shall be maintained so as to meet the minimum standard of screening.

(Ord. No. 04-04, § 18-14, 8-16-2004)

(a)

Continuing existing nonconforming buildings, structures, and uses of land. Except as hereinafter specified, any use, building or structure lawfully existing on the effective date of the ordinance from which this chapter is derived may be continued.

(b)

Limitations on nonconforming uses. Lawful nonconforming uses shall be subject to the following limitations:

(1)

The use of land which is a lawful nonconforming use may be continued until such time as a structure is erected thereon, and thereafter the use of land and buildings shall conform to all the provisions of this chapter.

(2)

Any building, structure or land, which is occupied or used as a lawful nonconforming use which shall become vacant or unused for a continuous period of six months, shall not thereafter be occupied or used except for a use which conforms to the use regulations of the district in which it is located; provided, however, that nonconforming field crops may be reestablished when the land has been unused for a period of time not exceeding three years. For the purposes of this subsection the term "vacant" or "unused" means the nonconforming use has been intentionally abandoned. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purposes.

(3)

A nonconforming use may be changed only to a use permitted in a more restricted zoning district or to a conforming use.

(4)

Whenever a lawful nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a conforming use.

(5)

Expansion, enlargement or intensification of a lawful nonconforming use shall not be permitted unless such expansion, enlargement or intensification, when considered independently of the lawful nonconforming use, is made to conform to the regulations of the district in which it is located.

(6)

A building or structure occupied or used by a lawful nonconforming use shall not be enlarged, extended or structurally altered unless the use occupying or using such enlargement, extension or alteration, when considered independently of the lawful nonconforming use, is made to conform to the regulations of the district in which it is located.

(7)

Repairs and maintenance work on a building or structure that is occupied or used by a lawful nonconforming use may be made, provided that no structural alterations shall be made except as required by law.

(c)

Limitations on nonconforming buildings. The following limitations, restrictions and requirements shall apply to lawful nonconforming buildings and structures:

(1)

A lawful nonconforming building or structure occupied or used by a nonconforming use shall not be added to or enlarged in any manner unless the said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located.

(2)

A lawful nonconforming building or structure occupied or used by a permitted use, may be enlarged or added to provided that the enlargement or addition, when considered independently of the enlarged, or increased in height, but no provisions herein shall be construed as to require greater yards, or lesser coverage, or floor-area ratio than provided by the existing construction and building permits shall be issue if in compliance with the provisions of the building code.

(Ord. No. 04-04, § 18-16, 8-16-2004)

(a)

Prohibited conditions. Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses as set forth in this chapter shall be undertaken and maintained only if they conform to the regulations of this section.

(b)

Exempted noise sources. For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included:

(1)

Noises not directly under the control of the property owner, lessor, or operator of the premises.

(2)

Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 8:00 p.m.

(3)

Noises of safety signals, warning devices and emergency pressure relief valves.

(4)

Transient noise of mobile sources, including automobiles, trucks, airplanes, and railroads.

(5)

Activities conducted on public parks, playgrounds and public or private schools.

(6)

Occasional outdoor gatherings, public dances, shows and sporting and entertainment events provided the said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of the said events.

(7)

Air conditioning or refrigeration systems or associated equipment.

(c)

Noise level measurement from property lines. For the purpose of determining compliance with the noise standards in this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.

(d)

Restrictions on vibration, glare, and particulate air contaminants. For the purpose of determining compliance with this section, and with regard to noise emanating from property already zoned industrial on the effective date of the ordinance from which this chapter is derived, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist on the effective date of the ordinance from which this chapter is derived.

(1)

Vibration. No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with regard to vibration generated from any property already zoned to vibration generated from any property already zoned industrial on the effective date of the ordinance from which this chapter is derived, vibration is to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist on the effective date of the ordinance from which this chapter is derived.

(2)

Glare. Primary and secondary glare (both direct and reflective glare) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding, new construction and repairs of facilities shall be excepted from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations.

(3)

Particulate air contaminants. No emissions, dust, fumes vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the state air control board and the Environmental Protection Agency.

(e)

Exceptions from performance standards. The owner or operator of any building, structure, operation or use which violates any performance standard may file an application of a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with the said provisions and the reasons why immediate compliance can not be achieved. The board of adjustment may grant exceptions with respect to time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section. In its determinations, the board of adjustment shall consider the following:

(1)

The magnitude of the nuisance caused by the violation.

(2)

The uses of property within the area of impingement by the violation.

(3)

The time factors related to study, design, financing and construction of remedial work.

(4)

The economic factors related to age and useful life of the equipment.

(5)

The general public interest, welfare and safety.

(f)

Exemptions. The provisions of this section shall not apply to industrial uses, or expansion thereof upon adjacent property, which exist within the city on the effective date of the ordinance from which this chapter is derived.

(Ord. No. 04-04, § 18-17, 8-16-2004)

(a)

General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of the said sections in this chapter. A building permit or certificate of occupancy shall not be issued for any permitted use with special conditions until all of the required conditions have been met.

(b)

Special conditions by use.

(1)

Cluster housing developments. Cluster housing developments shall meet each of the following conditions:

a.

Area. The site shall contain two or more acres of land.

b.

Density. The minimum average net land area per dwelling unit shall be 2,200 square feet, but shall not include public and private streets in the development.

c.

Yards. A minimum of 25-foot yard or open/space area shall be required from all public street rights-of-way and from the boundary of the development. A minimum yard of ten feet shall be established between all unattached dwellings.

d.

Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter.

e.

Common open space. There shall be a minimum of 1,000 square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than 10,000 square feet.

f.

Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued.

g.

Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space.

h.

Co-owner's association and assessments. A co-owner's association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities and private streets and approved by the city attorney. There shall be a declaration creating an association of co-owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The term "owner" means the record owner, whether one or more persons or other entities, of a fee simple title to any lot or other unit which is a part of the development, including sellers under contract for deed, but excluding those having such interest as a security for the performance of an obligation.

(c)

Assessments and fees. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments and maintenance fees:

(1)

Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extraordinary maintenance and repair of all private streets within the development. The term "street" as used in this subsection means all paved or unpaved roads open to all owners of the development, so designated on the plat of the development, as distinguished from private driveways leading into one or more lots or other units.

(2)

Utility, water and sewer assessments. A monthly assessment for each owner's prorata share of the monthly utilities which may be metered or sold to the development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment herein provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for all sewage collection systems and water lines shared in common by, and servicing in common all owners within the development, as distinguished from lines which serve only one or more units. Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the city, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of the said development shall be required.

(3)

Maintenance of common open space. The applicant shall also submit a scheme, subject to the approval of the council for assuring continued retention and perpetual maintenance of common green areas for as long a time as the development exists. The approved documents embodying restrictive covenants, deed restrictions, or other methods of giving such assurance shall be filed for record in the county clerk's office at such times as the commission or council directs.

(d)

Adult entertainment uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the penal code of the state unless such minor is accompanied by a consenting parent, guardians, or spouse and shall include, but not be limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude photography studios, adult bookstores or eating or drinking establishments which have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers or other similar entertainers.

(1)

An adult entertainment use shall not be established or expanded within 500 feet of the district boundary line of any residential zoning district.

(2)

An adult entertainment use shall not be established or expanded within 300 feet of any other adult entertainment use, bar, pool hall, or liquor store.

(3)

An adult entertainment use shall not be established or expanded within 750 feet of the property line of a church, school, or public park.

(e)

Swimming pools. Except for private recreation facilities under subsection (j) of this section:

a.

If located in any residential zoning district, the swimming pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

b.

A swimming pool may be located anywhere on a premises except in the required front yard, provided that the pool and pump and filter installations shall not be located closer than five feet to any property line of the property on which located.

c.

The swimming pool shall be enclosed by a wall or fence four feet in height with locking gates.

(f)

Manufactured home. A manufactured home shall be permitted only in a manufactured home park or a manufactured home subdivision or as a single-family use for security caretaker housing on property and facilities used as a governmental or public school district use through a specific use permit.

(g)

Garage apartments. Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements that are permitted.

(h)

Servant's or caretaker's quarters. Accessory dwellings are permitted only if located in the rear of a principal building on the same lot and only if conforming to all the yard open space, and off-street parking requirements.

(i)

Accessory buildings. An accessory building maybe erected as an integral part of the principal building or erected detached from the principal building on, and it may be connected therewith by a breezeway or similar structure. An accessory building attached to the main building shall be made structurally a part and have a common wall with the principal building and shall comply in all respects with the requirements of this chapter applicable to the main building.

(j)

Private recreation facility. Private recreation facilities in residential districts shall for multifamily developments, subdivisions, or homeowners associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within 25 feet of any street right-of-way or within ten feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis for each 4,000 square feet of area devoted to recreational use with a minimum of four spaces and a maximum of 20 spaces.

(k)

Auto repair garage. Automobile repairing, painting, upholstering and body and fender work shall be performed only under the following conditions:

(1)

All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress.

(2)

No spray painting may be done except in a building or room specially designed for that purpose.

(3)

All other auto repairing, etc. shall be conducted within a building enclosed on at least three sides.

(l)

Temporary batching facility. Before a specific use permit may be granted for a temporary batching facility, the council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two miles of the plant. A specific use permit may be granted for a period of not more than 180 days, and approval shall not be granted for the same location for not more than four specific use permits during any 30-day month period. Within 30 days following the termination of any batching plat, the permittee shall cause the site to be returned to its original condition.

(m)

Restaurant. The sale of alcoholic beverages shall be permissible only as an adjunct, minor and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places as a use of right. The restaurant must have a liquor license issued by the state.

(n)

Equipment rental. Specific use permits are not required for the rental of equipment in a zoning district that permits the sale of the equipment as a right.

(o)

Accessory parking. Accessory parking of vehicles with more than two axles or that have a rated carrying capacity in excess of two tons, other than recreational vehicles, shall not be allowed in residential zoning districts.

(p)

Storage limitations. A towing service shall be permitted only to store not more than ten vehicles on the lot or premises on which it is located as a use of right. Storage of more than ten vehicles shall be permitted only with a specific use permit.

(q)

Veterinary services and clinics. Veterinary services and clinics shall be limited to the care of household pets and shall not provide overnight kennel services, except on a medical emergency basis. Overnight kennels and veterinary services not limited to household pets may be allowed in, C2, I1, and I2 districts with a specific use permit. Veterinary services for animal specialties may be permitted as an accessory use to existing kennels with a specific use permit.

(r)

Residential care uses. Residential care facilities must comply with the following conditions

(1)

At least 15 days prior to the issuance of a building permit and/or a certificate of occupancy, written documentation must be submitted to the building official outlining the type, size location, characteristics and proposed activities of the facility. The names, addresses and phone numbers of the operators, general operation information, a site plan and a list of the licenses and grants the facility will operate under must also be submitted.

(2)

The owners of the property within 200 feet of the proposed facility's property lines must receive a written notice of compliance with this chapter no less than ten days prior to the issuance of the building permit and/or the certificate of occupancy. The notice will contain a copy of the written documentation submitted to the building official as required in subsection (r)(1) of this section. A processing fee as currently established or as hereafter adopted by resolution of the council from time to time shall be paid to the city.

(3)

A facility must be licensed, certified, or accredited by an agency of the county, state or federal government prior to providing services and the issuance of a certificate of occupancy. Approval of a specific use permit by the council may be used in lieu of a license.

(4)

A facility must provide 24-hour on-site supervision of its residents or clients.

(5)

A facility must comply with the following densities:

(6)

A sign measuring not less than ledger (11 inches by 17 inches) in size will be posted in the public right-of-way adjacent to the proposed facility's location not less than ten days prior to the issuance of a building permit. The sign will state the type of land use and the name, address and phone number to the agent or agency responsible for the proposed facility.

(s)

Plastic and rubber storage. The storage of plastic and rubber material within the city limits shall meet the following conditions:

(1)

The warehouse shall be limited to a one-story structure with a height limit of 45 feet.

(2)

The warehouse shall be located on a lot of no less than 10,000 square feet in area.

(3)

The building setbacks shall be a minimum of 20 feet from any and all lot lines.

(t)

Garage sales. Garage sales are permitted use in all the residential zoning districts provided the following conditions are complied with:

(1)

A garage sale shall not be for more than three continuous days;

(2)

No more than four garage sales per calendar year per premises shall be allowed;

(3)

Hours of operation shall be limited from sunrise to sunset;

(4)

No merchandise shall be displayed or placed on the public right-of-way;

(5)

Only unlit signs no larger than six square feet and set off of the public right-of-way shall be allowed; and

(6)

Garage sales conducted out of a dwelling unit are exempt from the parking requirements.

(u)

Bed and breakfast facility.

(1)

General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to the city but the income from such a facility provides the incentives for maintaining the city's older homes.

(2)

Basis. This subsection (u) is enacted on the basis of the public policy that supports the city as a tourist destination of person interested in the architectural and historic significance of the city's older residential structures. This subsection focuses on the need to provide an incentive for owners of the city's older homes to continue occupancy and maintenance of historic structures.

(3)

Definition. The term "bed and breakfast" means an owner-occupied private home built prior to 1950 and/or of historic significance which offers lodging for paying guests, which serves food to only those guests and which allows for limited social functions as regulated in this section.

(4)

Special regulations.

a.

Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and/or of historic significance.

b.

Specific use permit required.

1.

A specific use permit granted by the council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in this chapter.

2.

Issuance of a specific use permit by the council, after recommendation by the planning commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures.

3.

The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to the continuation of the use of the premises as a bed and breakfast facility.

c.

Size. A bed and breakfast facility shall not be less than 2,500 square feet in floor area.

d.

Number of guestrooms. A maximum number of five guestrooms is allowed.

e.

Management. The facility shall be owner-occupied.

f.

Length of stay. Maximum length of stay is limited to 14 consecutive days in any 30-day period of time. The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests.

g.

Signage. Signs shall be permitted upon approval of a building permit by the building official and in accordance with this chapter. In those zoning districts that prohibit signs, a nameplate, not to exceed two square feet in size and consisting of the name of the establishment only, shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house.

h.

Parking. One off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven. The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in this chapter.

i.

Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and building code requirements.

j.

Other uses.

1.

The sale and/or display of merchandise or other commodities is prohibited.

2.

Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed 24 events per year nor more than two events per month.

k.

Health, fire and building considerations. All bed and breakfast facilities shall meet all applicable local and state regulations.

(Ord. No. 04-04, § 18-18, 8-16-2004)