Sour Lake City Zoning Code
DEVELOPMENT REGULATIONS
§ 156.35 SUPPLEMENTAL DEVELOPMENT REGULATIONS.
(A) Site triangle at intersections.
(1) On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impair vehicle driver’s vision at intersections, within a triangle defined by the property lines and a line joining two points located 20 feet back from the property lines intersection; except that fences, walls and/or hedges do not impair vision from three and a half feet to six feet above the surface of the street.
(2) Roadways other than those classified as a minor street shall observe the requirements for sight distance triangles set forth by the American Association of State Highway and Transportation (AASHTO).
(B) Temporary buildings. A temporary building for construction purposes shall be removed upon completion or abandonment of construction work. A real estate field office shall be removed upon the sale of the last lot in the subdivision.
(C) Junkyards. Any junkyard, whether a primary use or an accessory use, shall provide an opaque screening device of a uniform height (min: six feet, max: ten feet) in relation to the ground that screens the view from adjoining lots and/or public places from junk. Stacking of junk which allows visibility from an adjoining lot or public place shall be prohibited.
(D) Automobile sales. All vehicles shall be displayed only on an impervious paved surface. A physical barrier shall be placed along the property line to prevent the vehicle from encroaching into the street right-of-way. This provision shall apply equally to sales lots for boats, recreational vehicles and trailers or other similar uses.
(E) Multi-family dwellings.
(1) There shall be a minimum distance often ten feet between multi-family structures. Balconies, eaves or canopies may extend into the minimum building separation for a distance not to exceed five feet each.
(2) A curb or equivalent barrier shall be placed so as to prevent any vehicle from parking within a minimum distance of four feet from any multiple family dwelling.
(F) Garage or yard sales. In connection with the residential or institutional occupancy of a structure, the tenants may offer their personal belongings and household effects for sale to the general public provided such sales are not conducted on the same lot for more than three days during any 90-day period.
(G) Shopping centers. Prior to the issuance of a building permit for the development of a shopping center consisting of four or more retail spaces, a site plan indicating:
(1) Arrangement and height of the various buildings;
(2) Parking and loading areas;
(3) Vehicle circulation including ingress and egress;
(4) Landscaped areas;
(5) Free standing signage;
(6) Refuse collection containers; and
(7) Any other information deemed necessary to determine the impact of the project, shall be approved by the Planning and Zoning Commission.
(H) Screening.
(1) In the NR - Neighborhood Retail, C - Commercial, and MD - Manufacturing districts, a solid fence that completely obscures the view of the adjoining property to a maximum height of six feet shall be employed and maintained within three feet of side and rear lot lines in which a non-residential use abuts any residential zoning district.
(2) Fence composition is limited to materials routinely used in fence constructions, i.e. wooden picket, brick, stone, pipe, concrete or other materials, that will completely obscure views. The use of a wooden picket privacy fence is acceptable provided that the fence completely obscures the view of commercial activities and that permanent provisions for the maintenance of the fence are provided. Fences composed of materials that are normally not associated with a fence, such as used tires, car parts, or other non-standards new or used materials, are prohibited in all zoning districts.
(3) In those circumstances where construction of a fence is not desired by the owners of the land adjacent to a non-residential property or by the owners of the developing land, the Planning and Zoning Commission may consider and approve or deny a request to waive the fence installation requirement. In the case where neighboring residential properties are in opposition to the proposed waiver, the Planning and Zoning Commission shall consider protection of interests of those neighboring residential property owners a priority. The determination of the Planning and Zoning Commission may be appealed to the Board of Adjustment and Appeals.
(a) Areas of existing trees and areas to be cleared;
(b) Proposed road right-of-way;
(c) Utility easements and stubs;
(d) Building pads;
(e) Retention and detention ponds, drainage patterns; and
(f) Proposed grading and fill areas.
(I) Bed and breakfast home.
(1) In all districts:
(a) A site plan to scale shall be presented when application is made for a bed and breakfast showing required off-street parking spaces, driveways, sidewalks, and any other paving, and the floor plan of the residence showing bedrooms to be used for public accommodation, entries and exits. The applicant shall submit three photographs of the existing residence; a picture of the front of the property showing the property from the street to the front of the residence; and a view from each side property line showing the property from the property line to the residence;
(b) A detailed site plan showing specific measures of the residence shall be included;
(c) The bed and breakfast must be owner occupied. Employees are permitted from outside the home for assistance with laundry, lawn care, cleaning, cooking, and other related support services;
(d) The site shall be designed to maintain appearance, character, and integrity of the property consistent with the surrounding property, as evaluated consistent or inconsistent by the Planning and Zoning Commission and approved or disapproved by City Council;
(e) The bed and breakfast shall be limited to a total of 15 guests per night;
(f) The term of stay shall not exceed seven consecutive days. The owner of the bed and breakfast shall keep a registry of all guests; and
(g) There will be no outdoor retail sales allowed, including vending machines.
(2) Number of guest rooms. A maximum of five guestrooms may be provided in any one bed and breakfast home.
(3) Health factors.
(a) The owner of the facility shall provide adequate heating, air conditioning, ventilation and lighting; provide adequate hot and cold water; provide adequate sewage disposal; maintain the outside area in a clean and sanitary manner; maintain the structure(s) in suitable state of repair; and properly clean the premises and facilities during the guests stay and after each guest has departed.
(b) Guests shall not cook in bedrooms.
(4) Parking and access.
(a) Parking shall meet the guidelines in the § 156.09, with the addition of one space.
(b) All parking areas on the property (except driveways) shall be behind building lines and must be screened from the view of adjacent residences to a height of six feet by a solid screening fence or dense shrubs or vegetation.
(c) Recreational vehicles, trailer homes, campers, and utility trucks exceeding seven feet in height, width, or 20 feet in length may not be parking by the owners or occupants of the bed and breakfast home on the premises or the street.
(d) Emergency vehicle access should be provided, where feasible, on two sides of the structure satisfactory to the Fire Department.
(J) In residential districts the following limitations apply in addition to the restrictions noted above in division (I)(1):
(1) Management. The owner of the bed and breakfast home must be a full-time resident of the dwelling in which the bed and breakfast is housed;
(2) Parties and public events. A temporary use permit, which can be obtained through application to the Planning and Zoning Office, is required for any party, reception, event or similar function that is anticipated to draw more than 15 total guests (including overnight guests) to the bed and breakfast. A gathering must end at 9 p.m. on Sunday through Thursday and at 11 p.m. on Friday and Saturday. Parties, receptions, events or similar functions, subject to § 156.09, shall be limited to a total of 12 such functions per calendar year. Temporary use permit events are not restricted to a one meal limitation;
(3) Structural/site requirements.
(a) Age of structure. Bed and breakfast homes are preferred in structures 50 years of age or older, or of recognized historic or architectural significance.
(b) No alteration to the exterior of any structure (except for maintenance purposes) shall be permitted, unless such alteration is for the purpose of restoring an identifiable historic or architectural feature.
(c) Basements, garage apartments and guesthouses can be rented in conjunction with the guidelines for a bed and breakfast home. Existing garages cannot be converted and must be provided as parking for the resident owner.
(d) No exterior evidence of the bed and breakfast home shall be allowed, except by temporary use permit events and signs;
(4) Sign requirements. One non-illuminated sign of not more than 20 square feet may be either attached to the building or when detached, no more than four feet in height measured from the grade; and
(5) Single-family and duplex industrialized housing.
(a) Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings.
(b) For purposes of this section, single-family or duplex industrialized housing is real property.
(c) Any industrialized housing shall:
1. Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county;
2. Have exterior siding, roofing, roof pitch, foundation, fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
3. Comply with building setbacks, side and rear yard setbacks, subdivision control, square footage, and other site requirements applicable to single-family dwellings;
4. Comply with building setbacks, side and rear yard setbacks, subdivision control, square footage, and other site requirements applicable to dwellings in the commercial zoning district; and
5. Be securely fixed to a permanent foundation.
(d) For purposes of the above section, "value" means the taxable value of the industrialized housing and the lot after installation of the housing.
(e) Any owner or authorized agent who intends to construct, erect, install, or move any industrialized housing into the city shall first make application to the Building Official and obtain the required permits. The permit shall include a plot plan and addendum detailing compliance with the requirements for regulation of single-family and duplex industrialized housing of zoning ordinance. In addition to any other information otherwise required for said permits, the application shall:
1. Identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county;
2. Describe the exterior siding, roofing, roof pitch, foundation, fascia, and fenestration for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located;
3. Describe the foundation and method of attachment proposed for the industrialized housing;
4. State the taxable value of the industrialized housing and the lot after installation of the industrialized housing; and
5. Indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located.
(f) A person commits an offense if the person:
1. Fails to make an application for a permit as required by this section; or
2. Constructs, erects, installs or moves any industrialized housing into the city which does not comply with this section.
(Ord. passed 11-17-2015)
§ 156.36 COMPLETION OF EXISTING BUILDINGS.
(A) Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of passage of this chapter and which the entire building shall be complete within one year from the passage of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be complete within six months from the date of passage of this chapter. If any amendment to this chapter is hereafter adopted changing the boundaries or districts, the provisions of this chapter with regard to building or premises existing or buildings under construction or building permits issues at the time of passage of this chapter shall apply to building permits issued in the area affected by such amendment at the time of the passage of such amendment.
(B) By passage of this chapter, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense was committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this chapter was repealed and the present chapter adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior chapter had not been repealed.
(Ord. passed 11-17-2015)
§ 156.37 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(A) Except as herein provided, any lot, or any structure or part thereof, that shall be used, erected, altered, or converted for any use permitted in the district in which it is located shall provide on that lot vehicle parking at the ratio specified in § 156.09. In computing the minimum parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development. Where parking requirements are established on the basis of seats or person capacity, the building code provisions applicable at the time of determination shall be used to define capacity.
(B) Required parking for a development may be located off-site when authorized by the Planning and Zoning Commission. The Planning and Zoning Commission may authorize such alternative location of required parking space, along with any conditions determined necessary to promote safety and as will adequately serve the public interest, subject to the following condition:
(1) Except for location, all other requirements relating to off-street parking shall be met.
(2) Such space shall be conveniently usable without causing unreasonable:
(a) Hazard to pedestrians;
(b) Hazard to vehicular traffic;
(c) Traffic congestion; and
(d) Detriment to the appropriate use of other properties in the vicinity.
(3) A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned, assuring the continued availability of the off-street parking facility for the development it is intended to serve.
(C) Notwithstanding any provision on the contrary, in no case shall a commercial use providing goods or services to the general public on site provide less than three parking spaces. Where fractional spaces result, the parking spaces required shall be construed to be to nearest whole number.
(D) Whenever a building or use is changed to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor are or in the area used, said building or use shall then and thereafter comply with the parking requirements established herein.
(E) To satisfy the off-street parking requirements, a parking space shall be paced with asphalt, concrete, or similar impervious surface and be provided with a similarly paved driveway connecting the parking space to a street or improved (paved) alley. No off-street parking space adjacent to a street, wherein the maneuvering of a vehicle for the purpose of entering or leaving the parking space is done on the street shall be classified as off-street parking in determining satisfaction of any parking requirements herein specified, except that parking requirements for single family and two-family residences may be met in such manner. No off-street parking space shall project into any street right-of-way or easement or into any alley.
(F) Minimum dimensions for off-street parking spaces are:
(1) Ninety-degree angle parking. Each parking space shall not be less than nine feet wide nor less than 19 feet in length. The aisle width adjacent to the parking space shall be not less than 24 feet;
(2) Sixty-degree angle parking. Each parking space shall not be less than nine feet wide nor less than 21 feet in length when measured at right angles to the building or parking line. The aisle width adjacent to the parking space shall be not less than 18 feet for one-way traffic nor less than 24 feet for two-way traffic;
(3) Forty-five degree angle parking. Each parking space shall not be less than nine feet wide nor less than 19.5 feet in length when measured at right angles to the building or parking line. The aisle width adjacent to the parking space shall be not less than 13 feet for one-way traffic nor less than 24 feet for two-way traffic;
(4) Thirty-degree angle parking. Each parking space shall not be less than nine feet wide nor less than 17.25 feet in length when measured at right angles to the building or parking line. The aisle width adjacent to the parking space shall be not less than 12 feet for one-way traffic nor less than 24 feet for two-way traffic; and
(5) Zero-degree angle parking. Each parking space shall not be less than eight feet wide nor less than 19 feet in length. The aisle width adjacent to the parking space shall be not less than 12 feet for one-way traffic nor less than 24 feet for two-way traffic.
(G) All structures used for retail, commercial, industrial or service purposes that receive or distribute materials or merchandise by means other than passenger vehicle shall provide and maintain off-street loading space.
(H) To satisfy the off-street loading requirement, the loading area shall be paved with asphalt, concrete, or similar impervious surface and be provided with a similarly paved driveway connecting the loading area to a street or improved (paved) alley. Loading spaces shall be located no farther than 100 feet from an entrance to the building. No off-street loading area wherein the maneuvering of the delivery vehicle for the purpose of entering or leaving the loading area is done on the street or in conflict with required parking spaces or associated drive aisles shall be classified as off-street loading.
(Ord. passed 11-17-2015)
§ 156.99 PENALTIES.
(A) The provisions of this chapter shall be administered and enforce by the Building Official of the city. All applications for building permits shall be accompanied by a site plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of the regulations. A careful record of such applications and plats shall be kept in the office of the Building Official.
(B) Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $1,000, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, and architect, building, contractor, agent, or person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided.
(Ord. passed 11-17-2015)