District "C"—Business District—Fire Zone.
(A)
Area, width and depth of lots, sanitation and temporary building provisions are the same as District "A."
(B)
Allowed Uses: The purpose and intent the "C" District is composed of those activities of the City whose principal use is and ought to be general business activities which provides basic and necessary goods and services for the community and its visitors and the following are the allowed uses in the district:
(1)
Any use authorized in the "B" Zoning District.
(2)
The following:
Dental Clinics, General and Special Hospitals, Primary Care Physician's Offices, Urgent Care Centers.
Commercial Parking Facility. A vehicle parking facility, including vacant lots and lots without a structure, that is operated as a business enterprise by charging a fee for parking which must provide Streetscape and Perimeter Landscaping for Commercial Parking Facilities (Not applicable to Temporary Commercial Parking Facilities) with the following requirements:
(a)
Provide a landscaped area at least 3 feet in width between surface parking and all property lines.
(b)
Edge treatments along streets and other public spaces should visually screen parked vehicles, but not completely obstruct views into and out of the parking lot for the purpose of supporting pedestrian safety and security.
(c)
For parking lot edges adjacent to streets, parks or other public open space, provide the following:
• at least one row of shade trees, spaced evenly at 5 feet to 6 feet intervals (or as appropriate to the selected species) for the length of the parking lot edge.
• screening, consisting of continuous planting, alone or in combination with a low decorative fence/wall or a landscaped berm. Typically, keep shrubs, fences or walls to a maximum height of thirty inches.
(d)
Set back screening at least 1 foot from the edge of public street right-of-way. Screening should not encroach into the public street right-of-way.
(e)
Install a permanent irrigation system in all landscaped areas. Where possible, collect rainwater from rooftops and other surfaces for plant irrigation. Identify hose bibs, sprinkler outlets, storage reservoirs, and other applicable irrigation elements on the Building Permit. Locate valves and other maintenance controls in discrete, yet accessible areas.
(f)
Where landscaping might impact motorist pedestrian sight distance, keep shrubs below 24" in height and prune trees so that the lowest branches will be at least 6 feet above ground level.
(g)
Ensure overhanging branches of trees or shrubs adjacent to pedestrian pathways maintain a clear headspace of at least 8 feet.
General Office Uses. A place of business that generally provides services instead of goods and entails, desks, files, paperwork, mail, computer, phones, etc. that would include most professional services (i.e. attorney offices; travel agencies; consultants, engineers, and architects; general building contractor and subcontractor services; title companies, banks, mortgage and other financial service companies; real estate businesses; drafting/graphic design businesses; art studios; post offices and other governmental buildings).
Retail stores. Any place of business where the customer/general public can purchase goods, generally for off sight use and/or consumption. (i.e. antiques; arts and crafts and art galleries; apparel and accessories and alterations; books and curio shops; bicycle, vehicle, and water sport sales and rental; pharmacy, dry goods and general merchandise; liquor, cigarette, and cigar stores; newsstands; hardware stores; office supply and printing; photography development and supply; gasoline service stations, etc.).
Food and Beverage Service Providers. Places of business where food and beverages can be purchased for on or off site consumption. (i.e. Grocery stores, restaurants, bars/nightclubs, cafés, specialty food shops/bakeries, and caterers.)
Personal Services. Places of business where the general public can go to receive general body and grooming services. (i.e. Barber and beauty shops, nail grooming services; tanning, massage and spa facilities.) However, tattoo and body piercing studios/facilities are specifically not allowed uses within this district.
Repair Services. Business that provide small-scale repair services for items of the general public (i.e. watch, clock and jewelry repair; TV/VCR repair; shoe and apparel alteration facilities; bicycle and vehicle repair; household appliance and general electric repair; reupholstery and furniture repair; etc.).
Meeting Location Facilities. Indoor facilities that provide opportunities for organized education, and/or the assembly of people (i.e. Primary, secondary, vocation/technical, and university level educational facilities; drivers education facilities; art, dance and music schools/studios; religious places of worship; civic, social, and fraternal organizations; etc.).
Miscellaneous. Businesses that serve the City and its visitors, that generate moderate levels of car and pedestrian traffic but which do not provide extensive pollution, noise, light, or other negative impacts on the immediate area (i.e. Dry cleaners and laundromat facilities; car washes; indoor movie and stage theaters; convenience storage facilities; libraries; day care centers; etc.) and the following specific entertainment facilities: amusement centers, recreational centers, miniature golf, and tennis courts.
Temporary Commercial Parking Facility. A temporary commercial parking facility that is operated as a business enterprise by charging a fee for parking and as permitted by City of South Padre Island Ordinance 10-23 (Section 13-22.3 City of South Padre Island Code of Ordinances).
(3)
Special Exceptions:
(a)
Impound Lot, subject to compliance with the requirements of subsection 20-8(B)(4) of this Chapter;
(b)
Permanent Makeup Application, but only when applied by an individual licensed by the Texas Department of Health or by the Texas State Board of Medical/Dental Examiners who performs such application within either an establishment which also provides "Personal Services", or within a "Medical Facility", as such terms are defined in subsection 20-8 (B)(2).
(c)
Public Service Facility.
(4)
No impound lot shall be approved nor continue to operate as a Special Exception unless, in addition to all other applicable requirements, or conditions as required by the Board of Adjustments and Appeals, such facility: 1) is enclosed by a solid wood (excluding plywood or scrap wood), masonry, block, or manufactured vinyl fence not less than seven (7) feet in height, which may not be located within the front yard setback area, and in no instance shall barbed wire or the like be used; 2) is paved to City standards for required parking; 3) prohibits the storage therein of any vehicle for more than thirty (30) consecutive days; 4) prohibits the performance therein of any mechanical work on stored vehicles; 5) is not located within 100 feet of Padre Blvd.; 6) is not located within fifty (50) feet of Laguna Boulevard or the "A," "B," or "E" Zoning Districts; 7) shall provide a minimum of two (2) off-street customer parking spaces or such greater number as may be required by this code; and 8) shall be accessed by a paved access entrance no greater than eighteen (18) feet in width.
(5)
Specific Use Permits: Substance Abuse Treatment Facilities may be granted Specific Use Permits in accordance with Section 20-24 Specific Use Permits.
(C)
Single family dwellings. If a single family dwelling is erected in the "C" District such structure shall conform to all minimum requirements of a single family dwelling in "A" District, unless the single family dwelling has been converted from previously built structure which has been used commercially, in which case the structure will not need to be modified to meet "A" District setback requirements.
(D)
Mixed Use Structure. If a residence is maintained in a structure part of which is also used for business purposes in the "C" District, such structure shall at a minimum meet the minimum front, side or rear yard setback requirements of the "C" District.
(E)
Height regulations. No building shall exceed six (6) standard stories in height, unless the setback from all street lines is one (1) foot for each two (2) feet of its height above such six (6) standard story limit. In no case shall the height of the building exceed the total of the street right-of-way width it faces, plus the depth of the front yard.
(F)
Area regulations:
(1)
Front yard. For off-street parking there shall be a front yard having a minimum depth of twenty-five (25) feet.
(a)
Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(b)
Minimum front yard shall be increased one (1) foot for each two (2) feet in height if building exceeds six (6) standard stories.
(2)
Side yards. No side yard shall be required for a business use, except on a corner lot. In all cases where the side yard is adjacent to a street, the side yard shall be not less than ten (10) feet in depth. Any building exceeding three (3) standard stories shall have a side yard of four (4) feet for each additional story.
(3)
Rear yard. No structure of any classification shall be erected any closer than ten (10) feet of the rear lot line. The minimum rear yard shall be increased one (1) foot for each two (2) feet in height if the building exceeds six (6) standard stories.
(4)
Size of structure. The minimum size of structure shall be six hundred (600) square feet.
(5)
Amusement centers:
(a)
No amusement center shall have any machine which projects photographic or film imagery.
(b)
All amusement centers shall be required to locate their machines at least eighteen inches (18") apart and provide proper and adequate passageways, so that the public may pass behind the person using said machines without interfering with the person playing or utilizing said machine.
(c)
Any business that has more than three (3) machines which require the deposit of money to be activated for an individual's entertainment, is subject to their gross receipts being audited by the officials of the City to determine whether or not fifty percent (50%) or more of their income is derived from said machines, then said business shall be declared an amusement center, as herein defined, and subject to all the rules and regulations of the City.
(Ord. No. 24-05, 10-2-2024)
District "C"—Business District—Fire Zone.
(A)
Area, width and depth of lots, sanitation and temporary building provisions are the same as District "A."
(B)
Allowed Uses: The purpose and intent the "C" District is composed of those activities of the City whose principal use is and ought to be general business activities which provides basic and necessary goods and services for the community and its visitors and the following are the allowed uses in the district:
(1)
Any use authorized in the "B" Zoning District.
(2)
The following:
Dental Clinics, General and Special Hospitals, Primary Care Physician's Offices, Urgent Care Centers.
Commercial Parking Facility. A vehicle parking facility, including vacant lots and lots without a structure, that is operated as a business enterprise by charging a fee for parking which must provide Streetscape and Perimeter Landscaping for Commercial Parking Facilities (Not applicable to Temporary Commercial Parking Facilities) with the following requirements:
(a)
Provide a landscaped area at least 3 feet in width between surface parking and all property lines.
(b)
Edge treatments along streets and other public spaces should visually screen parked vehicles, but not completely obstruct views into and out of the parking lot for the purpose of supporting pedestrian safety and security.
(c)
For parking lot edges adjacent to streets, parks or other public open space, provide the following:
• at least one row of shade trees, spaced evenly at 5 feet to 6 feet intervals (or as appropriate to the selected species) for the length of the parking lot edge.
• screening, consisting of continuous planting, alone or in combination with a low decorative fence/wall or a landscaped berm. Typically, keep shrubs, fences or walls to a maximum height of thirty inches.
(d)
Set back screening at least 1 foot from the edge of public street right-of-way. Screening should not encroach into the public street right-of-way.
(e)
Install a permanent irrigation system in all landscaped areas. Where possible, collect rainwater from rooftops and other surfaces for plant irrigation. Identify hose bibs, sprinkler outlets, storage reservoirs, and other applicable irrigation elements on the Building Permit. Locate valves and other maintenance controls in discrete, yet accessible areas.
(f)
Where landscaping might impact motorist pedestrian sight distance, keep shrubs below 24" in height and prune trees so that the lowest branches will be at least 6 feet above ground level.
(g)
Ensure overhanging branches of trees or shrubs adjacent to pedestrian pathways maintain a clear headspace of at least 8 feet.
General Office Uses. A place of business that generally provides services instead of goods and entails, desks, files, paperwork, mail, computer, phones, etc. that would include most professional services (i.e. attorney offices; travel agencies; consultants, engineers, and architects; general building contractor and subcontractor services; title companies, banks, mortgage and other financial service companies; real estate businesses; drafting/graphic design businesses; art studios; post offices and other governmental buildings).
Retail stores. Any place of business where the customer/general public can purchase goods, generally for off sight use and/or consumption. (i.e. antiques; arts and crafts and art galleries; apparel and accessories and alterations; books and curio shops; bicycle, vehicle, and water sport sales and rental; pharmacy, dry goods and general merchandise; liquor, cigarette, and cigar stores; newsstands; hardware stores; office supply and printing; photography development and supply; gasoline service stations, etc.).
Food and Beverage Service Providers. Places of business where food and beverages can be purchased for on or off site consumption. (i.e. Grocery stores, restaurants, bars/nightclubs, cafés, specialty food shops/bakeries, and caterers.)
Personal Services. Places of business where the general public can go to receive general body and grooming services. (i.e. Barber and beauty shops, nail grooming services; tanning, massage and spa facilities.) However, tattoo and body piercing studios/facilities are specifically not allowed uses within this district.
Repair Services. Business that provide small-scale repair services for items of the general public (i.e. watch, clock and jewelry repair; TV/VCR repair; shoe and apparel alteration facilities; bicycle and vehicle repair; household appliance and general electric repair; reupholstery and furniture repair; etc.).
Meeting Location Facilities. Indoor facilities that provide opportunities for organized education, and/or the assembly of people (i.e. Primary, secondary, vocation/technical, and university level educational facilities; drivers education facilities; art, dance and music schools/studios; religious places of worship; civic, social, and fraternal organizations; etc.).
Miscellaneous. Businesses that serve the City and its visitors, that generate moderate levels of car and pedestrian traffic but which do not provide extensive pollution, noise, light, or other negative impacts on the immediate area (i.e. Dry cleaners and laundromat facilities; car washes; indoor movie and stage theaters; convenience storage facilities; libraries; day care centers; etc.) and the following specific entertainment facilities: amusement centers, recreational centers, miniature golf, and tennis courts.
Temporary Commercial Parking Facility. A temporary commercial parking facility that is operated as a business enterprise by charging a fee for parking and as permitted by City of South Padre Island Ordinance 10-23 (Section 13-22.3 City of South Padre Island Code of Ordinances).
(3)
Special Exceptions:
(a)
Impound Lot, subject to compliance with the requirements of subsection 20-8(B)(4) of this Chapter;
(b)
Permanent Makeup Application, but only when applied by an individual licensed by the Texas Department of Health or by the Texas State Board of Medical/Dental Examiners who performs such application within either an establishment which also provides "Personal Services", or within a "Medical Facility", as such terms are defined in subsection 20-8 (B)(2).
(c)
Public Service Facility.
(4)
No impound lot shall be approved nor continue to operate as a Special Exception unless, in addition to all other applicable requirements, or conditions as required by the Board of Adjustments and Appeals, such facility: 1) is enclosed by a solid wood (excluding plywood or scrap wood), masonry, block, or manufactured vinyl fence not less than seven (7) feet in height, which may not be located within the front yard setback area, and in no instance shall barbed wire or the like be used; 2) is paved to City standards for required parking; 3) prohibits the storage therein of any vehicle for more than thirty (30) consecutive days; 4) prohibits the performance therein of any mechanical work on stored vehicles; 5) is not located within 100 feet of Padre Blvd.; 6) is not located within fifty (50) feet of Laguna Boulevard or the "A," "B," or "E" Zoning Districts; 7) shall provide a minimum of two (2) off-street customer parking spaces or such greater number as may be required by this code; and 8) shall be accessed by a paved access entrance no greater than eighteen (18) feet in width.
(5)
Specific Use Permits: Substance Abuse Treatment Facilities may be granted Specific Use Permits in accordance with Section 20-24 Specific Use Permits.
(C)
Single family dwellings. If a single family dwelling is erected in the "C" District such structure shall conform to all minimum requirements of a single family dwelling in "A" District, unless the single family dwelling has been converted from previously built structure which has been used commercially, in which case the structure will not need to be modified to meet "A" District setback requirements.
(D)
Mixed Use Structure. If a residence is maintained in a structure part of which is also used for business purposes in the "C" District, such structure shall at a minimum meet the minimum front, side or rear yard setback requirements of the "C" District.
(E)
Height regulations. No building shall exceed six (6) standard stories in height, unless the setback from all street lines is one (1) foot for each two (2) feet of its height above such six (6) standard story limit. In no case shall the height of the building exceed the total of the street right-of-way width it faces, plus the depth of the front yard.
(F)
Area regulations:
(1)
Front yard. For off-street parking there shall be a front yard having a minimum depth of twenty-five (25) feet.
(a)
Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.
(b)
Minimum front yard shall be increased one (1) foot for each two (2) feet in height if building exceeds six (6) standard stories.
(2)
Side yards. No side yard shall be required for a business use, except on a corner lot. In all cases where the side yard is adjacent to a street, the side yard shall be not less than ten (10) feet in depth. Any building exceeding three (3) standard stories shall have a side yard of four (4) feet for each additional story.
(3)
Rear yard. No structure of any classification shall be erected any closer than ten (10) feet of the rear lot line. The minimum rear yard shall be increased one (1) foot for each two (2) feet in height if the building exceeds six (6) standard stories.
(4)
Size of structure. The minimum size of structure shall be six hundred (600) square feet.
(5)
Amusement centers:
(a)
No amusement center shall have any machine which projects photographic or film imagery.
(b)
All amusement centers shall be required to locate their machines at least eighteen inches (18") apart and provide proper and adequate passageways, so that the public may pass behind the person using said machines without interfering with the person playing or utilizing said machine.
(c)
Any business that has more than three (3) machines which require the deposit of money to be activated for an individual's entertainment, is subject to their gross receipts being audited by the officials of the City to determine whether or not fifty percent (50%) or more of their income is derived from said machines, then said business shall be declared an amusement center, as herein defined, and subject to all the rules and regulations of the City.
(Ord. No. 24-05, 10-2-2024)